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12-Aug-1898 | 09 | The Live-stock Importation Act, 1898 | https://www.indiacode.nic.in/bitstream/123456789/2330/1/AAA1898___09.pdf | central | # THE LIVE-STOCK IMPORTATION ACT, 1898
_________
ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title and local extent.
2. Definitions.
3. Power to regulate importation of live-stock.
3A. Power to regulate Importation of live-stock products.
4. Power of State Government to make rules.
5. Protection to persons acting under Act.
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# THE LIVE-STOCK IMPORTATION ACT, 1898
ACT NO. 9 OF 1898[1]
[12th August, 1898]
# An Act to make better provision for the regulation of the importation of livestock [2][and live stock products].
WHEREAS it is expedient to make better provision for the regulation of the importation or live
stock which is liable to be affected by infectious or contagious disorders; It is hereby enacted as
follows: —
**1. Short title and local extent.—(1) This Act may be called the Live-stock Importation Act, 1898.**
3[(2) It extends to the whole of India 4***;] 5***,
6* - - -
**2. Definitions.—In this Act unless there is anything repugnant in the subject or context,—**
(a) the expression “infectious or contagious disorders” includes tick-pest, anthrax, glanders,
farcy, scabies and any other disease or disorder which may be specified by the Central
Government by notification in the Official Gazette; and
(b) “live-stock” includes horses, kine, camels, sheep and any other animal which may be
specified by the Central Government by notification in the Official Gazette ;
7[(c) “import” means the bringing or taking, by sea, land or air into 8[India].]
9[(d) “live-stock products” include meat and meat products of all kinds including fresh, chilled
and frozen meat, tissue, organs of poultry, pig, sheep, goat; egg and egg powder, milk and milk
products; bovine, ovine and caprine, embryos, ova, semen; pet food products of animal origin and
any other animal product which may be specified by the Central Government by notification in the
Official Gazette.]
**3. Power to regulate importation of live-stock.—(1) The Central Government may, by**
notification in the Official Gazette, regulate, restrict or prohibit, in such manner and to such extent as
it may think fit, [10][the import], into [7][India] or any specified place therein, of any livestock which may
be liable to be affected by infectious or contagious disorders, and of any fodder, dung, stable-litter,
clothing harness or fittings appertaining to live-stock or that may have been in contact therewith.
11[(2) A notification issued under sub-section (1) or under section 3A shall operate as if it has been
issued under section 11 of the Customs Act, 1962 (52 of 1962) and the officers of the customs at
every port, airport, Inland Container Depot and Land Customs Station shall have the same powers in
respect of any live-stock or live-stock product or thing with regard to the importation of which such a
1. The Act has been extended to Goa, Daman and Diu, with modifications by Reg. 12 of 1962, s. 3 and Schedule (w.e.f. 1-2
1965) and to Pondicherry (w. e. f. 1-10-1963) by Reg. 7 of 1963, s. 3 and the First Schedule.
2. Ins. by Act 28 of 2001, s. 2 (w.e.f. 5-7-2001).
3. Subs. by Act 40 of 1953, s. 2, for sub-section (2).
4. The words “except the State of Jammu and Kashmir” omitted by Act 62 of 1956, s. 2 and the Schedule
(w.e.f.1-11-1956).
5. The word “and” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
6. Sub-section (3) rep. by s. 3 and the Second Schedule ibid.
7. Ins. by Act 40 of 1953, s. 3.
8. Subs. by Act 62 of 1956, s. 2 and the Schedule for “the territories to which this Act extends” (w.e.f.1-11-1956).
9. Ins. by Act 28 of 2001, s. 3 (w.e.f. 5-7-2001).
10. Subs. by Ad 40 of 1953, s. 4, for “the bringing or taking, by sea or land”.
11. Subs. by Act 28 of 2001, s. 4, for sub-section (2) (w.e.f. 5-7-2001).
2
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notification has been issued and the vessel, aircraft, vehicle and other mode of conveyance containing
the same, as they have for the time being in respect of any article the importation of which is
regulated, restricted or prohibited by the law relating to customs and the vessel, aircraft, vehicle and
other mode of conveyance containing the same; and the enactments for the time being in force
relating to customs or any such article or vessel, aircraft, vehicle and other mode of conveyance shall
apply accordingly.]
1[3A. Power to regulate Importation of live-stock products. —The Central Government may,
by notification in the Official Gazette, regulate, restrict or prohibit in such manner and to such extent
as it may think fit, the import into the territories to which this Act extends, of any live-stock product,
which may be liable to affect human or animal health.]
**4. Power for State Government to make rules.—(1) The State Government may [2]*** make rules**
for the detention, inspection, disinfection of destruction of imported live-stock, and of fodder, dung,
stable-litter, clothing harness or fittings appertaining to imported live-stock or that may have been in
contact therewith and for regulating the powers and duties of the officers whom it may appoint in this
behalf.
(2) In making any rule under this section the State Government may direct that a breach thereof
shall be punishable with fine which may extend to one thousand rupees.
**5. Protection to persons acting under Act.—No suit, prosecution or other legal proceeding shall**
lie against any person for anything in good faith done or intended to be done under this Act.
______
1. Ins. by Act 28 of 2001, s. 5 (w.e.f. 5-7-2001).
2. The words “subject to the control of the Governor-General in Council” omitted by the A.O.1937.
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|
21-Oct-1898 | 11 | The Central Provinces Tenancy Act, 1898 | https://www.indiacode.nic.in/bitstream/123456789/19250/1/A1898-11.pdf | central | SECTIONS.
# THE CENTRAL PROVINCES TENANCY ACT, 1898
__________
ARRANGEMENT OF SECTION
__________
CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement.
2. Definitions.
__________
CHAPTER II.
OF TENANTS GENERALLY.
_A.-Classification of Tenants_
3. Classes of tenants.
_B.-Provisions relating to Rent._
4. Presumption as to amount of rent payable.
5. Date from which order fixing rent operates.
6. Time for payment of rents.
7. Rents payable to a number of landlords.
8. Power to deposit rent in certain cases with Revenue officer.
9. Effect of depositing rent.
10. Penalty for levy of anything in excess of rent by landlord.
11. Presumption as to payments by tenant to landlord.
12. Penalty for refusing receipt or giving defective receipt.
13. Enhancement of rent when productive power of holding increased by landlord.
14. Reduction of rent when effect of improvement ceases.
15. Power to alter rent when holding is increased, diminished or deteriorated.
16. Power to alter rent in case of new assessment.
17. Commutation of rent payable in kind.
18. Remission and suspension of rent consequent on like treatment of land-revenue.
_C.—Commissions for dividing or estimating crops._
19. Commission for dividing or estimating crops.
20. Appointment of assessors, etc.
21. Remedy for error in division.
22. Procedure when crop has been estimated or appraised.
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SECTIONS.
D.—Of the Landlord’s Lien on the Produce of a Holding
23. Definition of “produce of a holding”.
24. Power of landlord, by notice, to prohibit removal of produce.
25. Effect of instituting suit for rent while notice is in force.
26. Right to reap, etc., produce not affected.
27. Content and service of notice; time for which it remains in force.
28. Procedure when produce is under attachment.
29. Conflict between rights of superior and inferior landlord.
30. Penalty for illegal distraint by landlord, and for illegal removal of produce.
# E.—Of Improvements and Compensation therefor.
31. Right to make improvements.
32. Liability to pay to tenant on ejectment compensation for improvements.
33. Assessment of compensation.
34. Avoidance of provisions barring right to make, or be compensated for, improvements.
_Miscellaneous._
35. Surrender of holdings.
36. Surrender of occupancy-tenant’s holding.
37. Tenant taking thika or farm.
38. Provisions regarding tenant-right not applicable to tenant of land in reserved forests.
______
CHAPTER III.
OF ABSOULTE OCCUPANCY-TENANTS.
39. Definition of absolute occupancy-tenant.
40. Rents fixed for period of settlement.
41. Right heritable and transferable after notice to landlord, who may claim to purchase.
42. Absolute occupancy-tenant not liable to ejectement.
43. Rent first charge on holding and holding saleable in execution of decree for arrears of rent.
# _________
CHAPTER IV
OF OCCUPANCY-TENANTS.
44. Definition of Occupancy-tenant.
45. Accrual of occupancy-tenant-right in sir-land on transfer of right to occupy as proprietor.
Grant of sanction in certain cases to transfer of the right to occupy sir-land.
Prohibition in certain cases of registration of documents transferring right to occupy sir-land.
Partition of undivided share in sir-land.
Saving of rights of ordinary tenants.
Saving of prior registered documents.
Bar of jurisdiction of Civil Courts.
Exception of bhogra.
2
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SECTIONS.
46. Devolution of occupancy-right.
Exemption of occupancy-rights from Court sales.
Prohibition of transfer of occupancy-rights.
Prohibition of contracts for future sub-leases.
Prohibition of registration of documents transferring occupancy-rights.
47. Rights of certain persons to apply to set aside transfers.
48. Procedure on application.
49. Rent of occupancy-tenant to be fixed at settlement.
50. Fixation of rents during currency of settlement in Chanda, Nimar and Sambalpur.
51. Enhancement during settlement in other districts.
52. Grounds for ejectment.
53. Tenant changing land in accordance with village-custom.
54. Tenant changing land in other cases.
__________
CHAPTER V.
OF VILLAGE-SERVICE-TENANTS.
55. Definition of “village-service-tenant”.
56. Devolution and transfer of village-service-tenant’s right.
57. Obligation of village-service-tenant to provide substitute.
58. Grounds on which a village-service tenant may be ejected.
__________
CHAPTER VI.
OF SUB-TENANTS.
59. Definition of sub-tenant.
60. Tenure according to agreement.
61. Power to declare sub-tenants in certain cases to have rights of ordinary tenants.
# _______
CHAPTER VII.
OF ORDINARY TENANTS.
62. Definition of “ordinary tenant”.
63. Landlord’s right to recover rents determined at settlement as payable by ordinary tenants.
64. Notice of enhancement to be served through Revenue-officer.
65. Liability of tenant to ejectment in default of his agreeing to enhancement.
66. Procedure in ejectment suit.
67. Rent of ordinary tenant regulated by agreement.
68. Fresh proceedings not to be taken for seven years.
69. Grounds on which an ordinary tenant may be ejected.
70. Devolution of ordinary tenancy.
Exemption of ordinary tenant-rights from Court sales.
Prohibition of transfer of ordinary tenant-rights.
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SECTIONS.
Prohibition of contracts for future sub-leases.
Prohibition of registration of documents transferring ordinary tenant-rights.
71. Right of certain persons to apply to set aside transfers.
72. Procedure on application.
73. Obligation of landlord to confer occupancy-rights on ordinary tenant.
# _______
CHAPTER VIII.
JURISDICTION AND PROCEDURE
74. Power to direct that suits between landlords and tenants be entered in separate registers.
75. Plaint in such suits.
76. Legal Practitioners’ fees not allowed unless for special reasons.
77. Set-off when allowed in suits for arrears.
78. Procedure when ordinary tenant in suit pleads excessive rent.
79. Tenants’ improvements how to be treated in fixing rents.
80. Interest on arrears.
81. No appeal in certain suits for arrears.
82. Application for execution by sale of holding or by ejectment.
83. Arrears decreed not to be on current year’s account.
84. Procedure in execution by sale of holding.
85. Procedure in execution by ejectment.
86. Power of Court to deal with cases of drought or other calamity in suits for arrears.
87. Relief against forfeitures.
88. Rights of ejected tenants in respect of crops and land prepared for sowing.
89. Payment by tenant for occupation of land under section 88.
90. In suits for arrears all claims between landlord and tenant to be determined.
91. Procedure when, on sale or ejectment, money is due by the land-lord to the tenant.
92. Reinstatement of tenant illegally ejected.
93. Applications to measure or ascertain condition of holdings.
94. Limitation is suits under the Act.
95. Jurisdiction of Civil Courts barred in certain cases.
96. Procedure on applications to Revenue and Settlement Officers, and appeals from their orders.
97. Jurisdiction of Civil Courts in suits between landlords and tenants.
98. Recovery of fines and penalties.
________
CHAPTER IX
SUPPLEMENTAL.
99. Power to Local Government to make rules.
100. Repeals.
THE SCHEDULE.
4
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# THE CENTRAL PROVINCES TENANCY ACT, 1898
__________
# ACT NO. XI OF 1898
PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
# (Received the assent of the Governor General on the 21[st]
__________
# October, 1898.)
# An Act to consolidate and amend the Law relating to Agricultural Tenancies in the Central Provinces.
WHEREAS it is expedient to consolidate and amend the law relating to agricultural tenancies in the
Central Provinces ; It is hereby enacted as follows:—
CHAPTER I.
PRELIMINARY.
**1. Short title, extent and commencement.—(1) This Act may be called the Central Provinces**
Tenancy Act, 1898.
(2) It extends to all the territories for the time being administered by the Chief Commissioner of
the Central Provinces ; and
(3) It shall come into force at once.
**2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—**
(1) the expressions “agricultural year,” “malik makbuza,” “sir-land,” “survey-number,”
“record-of-rights” and “village” have the meanings assigned to them, respectively, in the Central
Provinces Land-revenue Act, 1881(XVIII of 1881) as from time to time amended :
(2) “arrear” means an installment or part of an installment of rent which is not paid on or before the
date on which it is payable:
(3) “holding” means a parcel of land held by a tenant of a landlord under one lease or one set of
conditions:
(4) “improvement” means, with reference to a holding, any work which adds to the letting-value of the
holding, which is suitable to the holding and consistent with the purpose for which it was let, and which,
if not executed on the holding, is either executed directly for its benefit, or is, after execution, made
directly beneficial to it:
_Explanation I.-It includes the reclaiming, enclosing or clearing of lands for agricultural purposes; but_
it does not include such embankments, temporary wells and water-channels as arc made by tenants in the
ordinary course of agriculture; and no work executed by the tenant of a holding is an improvement if
it substantially diminishes the value of any other part of the estate of his landlord:
_Explanation II.-A work which benefits several holdings may be deemed to be, with respect to each of_
them, an improvement:
(5) “land” means land which is let or occupied for agricultural purposes or for purposes subservient to
agriculture, and includes the sites of buildings appurtenant to such land:
(6) “landlord” means the person of whom a tenant holds land, and to whom the tenant is, or, but for
special contract, would be, liable to pay rent for that land :
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(7) “pay,” “payable” and “payment,” used with reference to rent, include “deliver,” “deliverable” and
“delivery” :
(8) “rent” means whatever is paid, delivered or rendered, in money, kind or service, by a tenant on
account of the use or occupation of land let to him :
(9) “Revenue-officer” and “Settlement-officer,” in any provision of this Act, mean, respectively, such
Revenue-officer or Settlement-officer appointment under the Central Provinces Land-Revenue Act, 1881
(XVIII of 1881) as from time to time amended, as the Local Government may, by notification in the local
official Gazette, direct to discharge the functions of a Revenue-officer or Settlement-officer (as the case
may be) under that provision : and
(10) “tenant” means a person who holds land of another person, and is, or, but for a special contract,
would be, liable to pay rent for that land to that other person. But it does not include a farmer, mortgagee
or thikadar of proprietary rights:
_Explanation I.—An inferior proprietor is not, as such, a tenant :_
_Explanation II.— The holder of a survey-number in a village let in farm by the Government, or held_
by a gaontia in the Sambalpur District, is a tenant of the farmer or gaontia for the time being.
________
CHAPTER II.
OF TENANTS GENERALLY.
_A.-Classification of Tenants._
**3. Classes of tenants.—There shall be five classes of tenants, namely :-**
(1) absolute occupancy-tenants;
(2) occupancy-tenants;
(3) village-service-tenants;
(4) sub-tenants; and
(5) ordinary tenants.
_B.-Provisions relating to Rent._
**4. Presumption as to amount of rent payable.—In all suits and proceedings between landlord and**
tenant, the rent payable for any agricultural year by a tenant in respect of his holding shall be resumed,
until the contrary is proved, to be the rent payable in respect of the holding in the agricultural year
immediately preceding that year.
**5. Date from which order fixing rent operates.—Save as provided in sections 66 and 78, an order**
fixing, altering or commuting the rent of a holding on an application under this Act may, as the officer
making the order thinks fit, take effect from the commencement of the agricultural year next following
the date of the application, or from any subsequent day, or, if it is made on the ground of increase,
diminution or deterioration of the holding, from the date of that increase, diminution or deterioration, or
from any subsequent day.
**6. Time for payment of rents.—Rent shall be payable in such instalments and on such dates as the**
Local Government may, by notification in the local official Gazette, prescribe, and, in the absence of any
such notification applicable to the case, according to the contract between the parties, or, where there is
no such contract, according to local usage.
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**7. Rents payable to a number of landlords.—When two or more persons are landlords of a tenant in**
respect of the same holding, the tenant, subject to any rule which the Local Government may, by
notification in the local official Gazette, make in this behalf, and to any contract between the parties, shall
not be bound to pay part of the rent of his holding to one of those persons and part to another or others ;
and, subject as aforesaid, those persons shall, if the tenant so desires, appoint one of their number or some
other person to receive the rent.
**8. Power to deposit rent in certain cases with Revenue officer.—(a) When a landlord refuses to**
accept any instalment of rent payable in money when tendered to him by a tenant,
(b) when a tenant, in the case mentioned in section 7, desires the appointment of a person to receive
rent payable in money and the appointment is not made within a reasonable time, and,
(c) when a tenant in any case is doubtful as to the person entitled to receive rent payable in money,
the tenant may apply to a Revenue-officer for permission to deposit in his Court the amount of rent which
he believes to be due; and that officer shall receive the deposit, if it appears to him, after examining the
applicant, that he had reasonable grounds for making the application, and that it was made in good faith,
and if the applicant pays the fee (if any) chargeable for the issue of the notice next hereinafter referred to.
**9. Effect of depositing rent.—(1) When a deposit has been so received, it shall be deemed to be a**
payment made by the tenant to his landlord in respect of rent due.
(2) The officer receiving the deposit shall give notice of the receipt thereof to every person who he has
reason to believe claims, or is entitled to, the deposit, and may pay the amount thereof to any person
appearing to him to be entitled to the same, or may, if he thinks fit, retain the deposit pending the decision
of a Civil Court as to the person so entitled.
(3) No suit or other proceeding shall be instituted against the Secretary of State for India in Council, or
against any officer of the Government, in respect or anything done by a Revenue-officer under this
section; but nothing in this section shall prevent any person entitled to receive the amount of any such
deposit from recovering the same from a person to whom it has been paid by a Revenue-officer.
**10. Penalty for levy of anything in excess of rent by landlord.—A landlord who, except under any**
special enactment for the time being in force, levies from a tenant anything in excess of the rent legally
payable shall, on the application of the tenant, be liable under the order of a Revenue-officer, not below
the class of Deputy Commissioner, to pay as penalty such sum as the Revenue-officer thinks fit, not
exceeding five hundred rupees, or, when double the amount or value of what is so levied exceeds five
hundred rupees, not exceeding double that amount or value. Such sum shall be awarded to the tenant as
compensation.
**11. Presumption as to payments by tenant to landlord.—Where rent is due, every payment by a**
tenant to his landlord shall, unless the tenant otherwise agrees, be presumed to be a payment on account
of rent.
**12. Penalty for refusing receipt or giving defective receipt.—A landlord who refuses to grant a**
receipt for rent paid by a tenant, or grants a receipt but refuses or neglects to specify therein the holding,
and the period or crop, in respect of which the payment is made, or the amount paid, shall, on the
application of the tenant, be liable, under the order of a Revenue-officer, to pay as penalty such sum, not
exceeding double the amount or value of the rent so paid, as the Revenue-officer thinks fit. Such sum
shall be awarded to the tenant as compensation.
**13.** **Enhancement** **of** **rent** **when** **productive** **power** **of** **holding** **increased** **by**
**landlord.—Notwithstanding anything in the record-of-rights, but subject to any contract in writing**
between the parties, the rent payable in money by any tenant may, on the application of his landlord, be
enhanced by a Revenue-officer on the ground that an improvement has been made since the present rent
7
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was fixed and in accordance with this Act by or at the expense of the landlord whereby the productive
power of the holding has been increased.
**14. Reduction of rent when effect of improvement ceases.—When the rent of any tenant has been**
enhanced under section 13 or was fixed at the current settlement with regard to an improvement made by
or at the expense of the landlord, a Revenue-officer may at any time, on the application of the tenant,
modify or cancel the order for enhancement, or reduce such rent, on the ground that the effect of the
improvement in increasing the productive power of the holding has diminished or ceased since the date of
the order for enhancement or of the last modification of such order made under this section, or since the
rent was fixed by the Settlement-officer, as the case may be.
**15. Power to alter rent when holding is increased, diminished or deteriorated.—When the area of**
a holding the rent of which is payable in money is increased or diminished by the encroachment of the
tenant or the landlord, or by, fluvial action or otherwise, or the soil of a holding is, without the fault of the
tenant, permanently deteriorated by a deposit of sand or by any other calamity, a Revenue-officer may,
notwithstanding anything in the record-of-rights or any contract between the parties, by order, on the
application of the landlord or of the tenant, alter the rent with reference to that increase, diminution or
deterioration.
**16. Power to alter rent in case of new assessment.—When a landlord grants a lease, or makes any**
other contract fixing the rent of any holding, and, while the lease or contract is in force,—
(a) land-revenue is for the first time made payable in respect of the holding, or
(b) land-revenue having been previously payable in respect of it, the revenue payable when the
lease or other contract was granted or made is increased or diminished,
a Revenue-officer may, notwithstanding anything in the record-of-rights or any contract between the
parties, by order, on the application of the landlord or of the tenant, alter the rent with reference to the
revenue.
**17. Commutation of rent payable in kind.—(1) In all cases in which a tenant, other than an ordinary**
tenant whose holding consists entirely of sir-land, or than a sub-tenant, pays rent for a holding in kind, or
on the estimated value of a portion of the crop or at rates varying with the crop or partly in one of those
ways and partly in another or others, the landlord or tenant may, notwithstanding anything in the
record-of-rights or any contract between the parties, other than a contract whereby waste-land is let for
the purpose of reclamation, apply during the progress of a settlement to a Settlement-officer, or at any
other time to a Revenue-officer, to commute the rent to a fixed money-rent.
(2) On the receipt of the application, the officer, after giving notice of the application to the other party
and hearing him, if he appears, may fix the sum to be paid as money-rent, and may, for reasons to be
recorded by him in writing, order that the tenant shall, in lieu of paying his rent in kind, or otherwise as
aforesaid, pay the sum so fixed.
(3) If the application is opposed, the officer may, for reasons to be recorded by him in writing, refuse
to grant the same.
**18. Remission and suspension of rent consequent on like treatment of land-revenue.—Whenever**
from any cause the payment of the whole or any part of the land-revenue payable in respect of any land is
remitted or suspended, a Revenue-officer may, by general or special order, remit or suspend, as the case
may be, the payment of the rent of that land to an amount which may bear the same proportion to the
whole of the rent payable in respect of the land as the land-revenue of which the payment has been
remitted or suspended bears to the whole of the land-revenue payable in respect of the land, and may
distribute the amount so remitted or suspended amongst the tenants holding such land as may seem to him
to be equitable, having regard to the effect on their holdings of the cause which has led to the remission or
suspension of the land-revenue :
8
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Provided that, where the rent is taken by actual division of the produce, no portion of it shall be
suspended under this section.
(2) An order passed under sub-section (1) shall not be liable to be contested by suit in any Court.
(3) No suit shall lie for the recovery of any rent of which the payment has been remitted, or, during the
period of suspension, of any rent of which the payment has been suspended, and, so long as a suit does
not lie, such rent shall not be legally payable within the meaning of section 10.
(4) Where the payment of rent has been suspended, the period of suspension shall be excluded in the
computation of the period of limitation prescribed for bringing a suit for the recovery of the rent.
(5) The provisions of this section relating to the remission and suspension of the payment of rent may
be applied, as far as may be, to land of which the land-revenue has been wholly or in part released,
compounded for or redeemed, in any case in which, if the land-revenue in respect of the land had not been
released, compounded for or redeemed, the whole or any part of it might, in the opinion of the Revenueofficer, have been remitted or suspended.
(6) The provisions of this section relating to rent shall apply also, as far as may be, to revenue payable
by malik-makbuzas, to revenue and malikana payable by inferior proprietors, and to thika-jamas payable
by thikadars of proprietary rights, and the provisions of section 10 apply in cases where revenue,
malikana or thika-jama has been collected in contravention of this section.
_C.—Commissions for dividing or estimating crops._
**19. Commission for dividing or estimating crops.—Whenever rent is taken by division of the**
produce, or by estimate or appraisement of the crop, if either the landlord or the tenant neglects to attend,
either personally or by agent, at the proper time for making the division, estimate or appraisement, or if
there is a dispute about the division of the produce or the quantity or value of the crop, a Revenue-officer
may, on the application of either party, issue a commission to such person as the officer thinks fit,
directing him to divide, estimate or appraise the crop.
**20. Appointment of assessors, etc.—(1) When a Revenue-officer appoints a Commissioner for any of**
the purposes mentioned in section 19, the officer may, in his discretion, direct the Commissioner to
associate with himself any other persons as assessors, and may give him instructions regarding the
number, qualifications and mode of selecting those assessors (if any), and the procedure to be followed in
making the division, estimate or appraisement.
(2) The Commissioner so appointed shall make the division, estimate or appraisement in accordance
with those instructions.
**21. Remedy for error in division.—(1) If in any division under the foregoing provisions either party**
receives less than the share to which he is entitled, he may, within three months from the date on which
the division is completed, institute a suit against the other party to recover the value of the additional
portion of the crop due to him at the price which prevailed on that date.
(2) If no such suit is instituted within the said period of three months, the division shall for all
purposes be deemed as between the parties thereto to have been rightly made.
**22. Procedure when crop has been estimated or appraised.—(1) When a crop has been estimated**
or appraised under the foregoing provisions, the estimate or appraisement shall be reduced to writing and
signed by the commissioner making the same, and shall be submitted to the Revenue-officer by whom the
commission was issued.
(2) The Revenue-officer shall consider the commissioner's report, and, after such hearing and inquiry
(if any) as he may think necessary, shall pass an order thereon either confirming or varying the estimate
or appraisement, and that order shall be final.
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D.—Of the Landlord's Lien on the Produce of a Holding
**23. Definition of “produce of a holding”.—In sections 24 to 30 (both inclusive) the produce of a**
holding means—
(a) crops and other products of the earth standing or ungathered on the holding;
(b) crops and other products of the earth which have been grown on the holding and have been
reaped or gathered and are deposited on the holding or on a threshing-ground, or are stored, by a
tenant of the land on which they have been grown, within the village in which the holding is situate or
the tenant resides.
**24. Power of landlord, by notice, to prohibit removal of produce.—Where an arrear of rent is due**
in respect of holding, the landlord may, by notice served as hereinafter provided, prohibit the removal of
the produce of the holding :
_first,_ such a prohibition shall not be made on account of an arrear which has been due for a longer
period than one year, or in respect of any produce which is under attachment by order of any Court ; and
_secondly,_ such a prohibition shall not be made more than once in respect of the same produce on
account of the same arrear.
**25. Effect of instituting suit for rent while notice is in force.—If, while the notice is in force, the**
landlord institutes a suit for the recovery of the rent, the notice shall continue in force until the Court
trying the suit otherwhile directs; and, if the landlord obtains a decree in the suit, the amount of that
decree shall be the first charge upon the produce.
**26. Right to reap, etc., produce not affected.—A notice under section 24 shall not prevent any**
person from reaping, gathering or storing any produce, or doing any other act necessary for its due
preservation.
**27. Content and service of notice ; time for which it remains in force.—(1) Every notice under**
section 24 shall be in writing, and shall specify the amount of the arrear claimed, the period for which,
and the holding in respect of which, it is claimed, and, when an amount in excess of the rent payable by
the tenant in the last preceding agricultural year is claimed, the decree, order or agreement, as the case
may be, for the payment of that amount.
(2) The notice shall be served on the person in charge of the produce, and shall, subject to the
provisions of section 25, remain in force until the expiration of thirty-five days from the date of service of
the notice, or, if the rent specified in the notice is paid previously to the expiration of such thirty-five
days, until such rent is paid.
**28. Procedure when produce is under attachment.—(1) If the produce of the holding on which the**
arrear is due is under attachment by order of a Civil Court, the landlord may apply to the Court to sell the
produce and pay to him out of the proceeds of the sale thereof the amount or value of—
(a) any rent which has fallen due to him in respect of the holding within the year immediately
preceding the application ; and
(b) the instalment of rent falling due next after the time at which in the ordinary course of
agriculture the produce would be harvested.
And the Court, if on inquiry it finds the landlord’s claim to the whole or any part of the rent to be proved,
shall sell the produce or such portion thereof as it may deem necessary, and shall apply the proceeds of
the sale, in the first instance, to satisfy the claim.
(2) The finding of a Court on an inquiry under this section shall have the force of a decision in a suit
between the parties.
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**29. Conflict between rights of superior and inferior landlord.—Where land is sublet and any**
conflict arises under sections 24 to 28 (both inclusive) between the rights of a superior and of an inferior
landlord, the right of the superior landlord shall prevail.
**30. Penalty for illegal distraint by landlord, and for illegal removal of produce.—(1) Any landlord**
of a holding who distrains or attempts to distrain the produce of the holding, or prevents or attempts to
prevent, otherwise than in accordance with this Act, any person from reaping, gathering, storing,
removing or otherwise dealing with any produce of the holding, and,
where a notice in respect of the produce of a holding has been served under section 27 and is in force,
any person who, knowing or having reason to believe that the notice is in force, removes, attempts to
remove or abets the removal of the produce, except for any of the purposes mentioned in section 26,
shall, on the application of either landlord or tenant, be liable under the order of a Revenue-officer to fine
which may extend to five hundred rupees.
(2) Nothing in this section, and, except as provided in section 546 of the Code of Criminal
Procedure, 1898, no proceeding under this section, shall affect the right of any person to recover
compensation in a civil suit.
# E.—Of Improvements and Compensation therefor.
**31. Right to make improvements.—(1) In respect of the holding of an absolute occupancy-tenant or**
occupancy-tenant, or of the holding of an ordinary tenant which does not consist entirely of sir-land, the
tenant shall be entitled to make Improvements.
(2) If the landlord of any such holding as is referred to in sub section (1) desires that any improvement
be made in respect of the holding, he may deliver, or cause to be delivered, to the tenant a request in
writing calling upon him to make the improvement within a reasonable time, and, if the tenant is unable
or neglects to comply with that request, may, subject to such rules of procedure as the Local Government
may, by notification in the local official Gazette, prescribe in this behalf, make the improvement himself.
(3) In respect of the holding of an ordinary tenant which consists entirely of sir-land, the landlord shall
be entitled to make improvements.
**32. Liability to pay to tenant on ejectment compensation for improvements.—(1) If a tenant, or**
the person under whom he claims, has made an improvement in respect of his holding in accordance with
this Act or with the landlord’s consent otherwise than in accordance with this Act, he shall not be ejected
until he has received compensation for the improvement, unless the improvement was begun by him after
the institution of the proceedings which resulted in the decree or order for his ejectment.
(2) A Civil Court making a decree for the ejectment of a tenant, or a Revenue-officer ordering
ejectement in execution of a decree for arrears or otherwise, shall determine the amount of compensation
(if any) due to him under this section, and shall stay execution until the landlord deposits the amount less
any arrears of rent or costs that have been ascertained by the proceedings for such ejectment to be die to
him from the tenant.
(3) No compensation shall be claimable under this section for an improvement where the tenant has
made the improvement in pursuance of a contract binding him, in consideration of some substantial
advantage to be obtained by him, to make the improvement without compensation, and has obtained that
advantage.
(4) Improvements made by a tenant before the commencement of this Act, in lands other than sirland, shall be deemed to have been made in accordance with this Act, unless it is shown that the landlord
forbade the tenant to make the improvement, and was ready to make it himself.
**33. Assessment of compensation.—(1) The Local Government may, by notification in the local**
official Gazette, make rules requiring the Civil Court to associate with itself, for the purpose of estimating
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the compensation to be awarded under section 32 for an improvement such number of assessors as the
Local Government determining the qualifications of those assessors and the mode of selecting them.
(2) In estimating the compensation to be awarded under section thirty for an improvement, regard shall
be had.—
_(a)_ to the amount by which the letting value, or the produce, of the holding, or the value of that
produce, is increased by the improvement;
_(b) to the labour and capital required for the making of such an improvement; and_
_(c) to any reduction or remission of rent or other advantage given by the landlord to the tenant in_
consideration of the improvement.
(3) When the amount of the compensation has been assessed, the landlord and tenant may, if they
think fit, agree that, instead of being paid wholly in money, it shall be made wholly or partly in some
other way.
**34. Avoidance of provisions barring right to make, or be compensated for, improvements.—An**
entry in the record-of-rights of any village or a stipulation in a contract providing.—
(a) that a landlord shall be entitled to prevent a tenant from making, or to eject him for making,
such improvements on his holding as he entitled to make under this Act, or
(b) that a tenant ejected from his holding shall not be entitled to compensation for improvements in
any case in which he would, under this Act, be entitled to such compensation,
shall be void.
_Miscellaneous._
**35. Surrender of holdings.—(1) Any tenant not bound by a lease or other agreement for a fixed**
period may, at the end of any agricultural year, surrender his holding :
Provided that, notwithstanding such surrender, the tenant shall continue to be liable for the agricultural
year next following the date of the surrender for the rent of the holding, unless he gives to his landlord, at
least thirty days before he surrenders, notice of his intention to surrender.
(2) In the following cases the Court shall presume that such notice was duly given as required by the
proviso to sub-section (1), that is to say :—
_(a)_ if the tenant takes a new holding in the same village from the same landlord during the
agricultural year next following the surrender;
(b) if the tenant ceases, at least thirty days before the end of the agricultural year at the end of
which the surrender is made, to reside in the village in which the surrendered holding is situate; and
(c) if the landlord himself, at any time during the agricultural year next following the surrender,
cultivate lets to another tenant the holding or any part thereof.
(3) A tenant of a survey-number in a village let in farm by the Government, or held by a gaontia in the
Sambalpur District, shall be deemed to have surrendered his holding if he refuses to agree to the rent
fixed under this Act for the holding, but shall not continue liable under sub-section (1) for the rent of his
holding.
(4) Any tenant other than an absolute occupancy-tenant who leaves his holding uncultivated and the
rent of it unpaid for a period of two years shall, at the expiration of that period, be deemed to have
surrendered the holding :
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Provided that, in reckoning that period, any time during which, owing to an inundation or any other
accident to the land beyond the tenant’s control, It may have been impossible to cultivate the land shall be
excluded.
**36. Surrender of occupancy-tenant’s holding.—(1) If an occupancy-tenant surrender his holding**
under section 35, any such person as would be entitled to inherit his right in the holding in the event of his
death without nearer heirs may, on application to a Revenue-officer, made at any time within two years
after the date of the surrender, be placed in possession of the holding, subject, so far as the Revenueofficer may, in accordance with rules made by the Local Government, determine, to his acceptance of the
liabilities of the surrendering tenant for arrears of rent and for advances made by the landlord or other
persons for the necessary expenses of cultivation.
(2) As among several persons so entitled and desirous of being placed in possession of the holding, the
right to be so placed shall accrue in the order in which such persons would have inherited the right of the
tenant in the holding if the tenant had died.
(3) when any such application as aforesaid is made, the Revenue-officer shall issue a notice to all
persons who seem to him prima-facie to have a right equal or prior to that of the applicant, and shall also
cause local proclamation to issue in the village in or from which the holding was cultivated, inviting all
the surrender to appear before him on a date to be fixed ; and shall, after hearing such of the persons to
whom notice was issued as may appear, and any other persons who may apply to be heard in the matter,
decide who from among such of them as desired to be placed in possession is first entitled to be so placed.
(4) Sub-sections (1), (2) and (3) shall not apply in cases where, subject to any rules made by the Local
Government in this behalf, a Revenue-officer has decided, after an enquiry made on the application of
either landlord or tenant, that the surrender is bona fide and has not been made with the object of evading
the provisions of section 45 or section 46.
**37. Tenant taking thika or farm.—When a person, at the time of taking a thika or farm, is a tenant of**
any land comprised therein, his interest as tenant shall not be affected by reason only of his taking the
thika or farm.
**38. Provisions regarding tenant-right not applicable to tenant of land in reserved**
**forests.—Nothing in this Act regarding the rights of an absolute occupancy-tenant, an occupancy-tenant**
or an ordinary tenant shall be deemed to apply to the tenant of any land situate within the limits of any
forest-land or waste-land which has been declared to be a reserved forest under the Indian Forest
Act, 1878 (III of 1878).
______
CHAPTER III.
OF ABSOULTE OCCUPANCY-TENANTS.
**39. Definition of “absolute occupancy-tenant”.—Every person who, at the commencement of this**
Act, is the tenant of any holding in respect of which he, or a person whose rights he has acquired, had
been recorded in any record-of-rights made before the first day of January, 1884, as an
“absolute occupancy-raiyat”, or in terms equivalent thereto, shall, unless he has parted with his rights, be
deemed to be an absolute occupancy-tenant of that holding.
**40. Rents fixed for period of settlement.—(1) The rent of the holding of every absolute occupancy-**
tenant shall be fixed by the Settlement-officer at each settlement of the area in which the holding is
comprised, and the rent so fixed shall not be altered during the currency of the settlements, except under
the provisions of section thirteen, section fourteen, section fifteen or section seventeen.
(2) The rent payable by any such tenant in respect of his holding at the commencement of this Act
shall be deemed to have been fixed at the current settlement of the area in which his holding is comprised.
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**41. Right heritable and transferable after notice to landlord, who may claim to**
**purchase.—(1) The right of an absolute occupancy-tenant in his holding shall on his death devolve as if**
it were land, and shall be transferable subject to the conditions contained in this section.
(2) If an absolute occupancy-tenant intends to transfer any right in his holding by sale or gift, or, by
mortgaging the same for a sum which, together with the interest payable thereon during the five years
immediately succeeding the mortgage and the previous sums (if any) secured by mortgage of it, would
exceed eight times the annual rent of the holding, or by sub-letting the same in consideration of a fine or
premium exceeding five times that rent, he shall give to his landlord a written notice of his intention, and
shall defer proceeding with the transfer for a period of one month from the date on which the notice is
given.
(3) If the intended transfer is by sale or gift, the landlord may, within the said period of one month.—
(a) claim to purchase the absolute occupancy right at such value as a Revenue-officer may, on
application made to him in this behalf, fix; or
_(b) permit the sale or gift, in which case he shall be entitled to a sum equal to the rent for one year,_
and that sum shall be a first charge on the holding.
(4) If the intended transfer is by mortgage or sub-lease, the landlord may, within the said period of one
month, claim to purchase the absolute occupancy-right at such value as a Revenue-officer may, on
application made to him in this behalf, fix.
(5) When the right of an absolute occupancy-tenant in his holding is sold or is foreclosed by order of a
Civil Court in execution of a decree other than a decree obtained by his landlord, the landlord shall have
the same right of pre-emption as is given in the case of a sale by clause (a) of sub-section (3).
(6) When an application is made to a Revenue-officer under this section to fix the value of an absolute
occupancy-right which is already mortgaged, he shall fix the value of the right as if it were not
mortgaged ; and, if the landlord purchases the right, the mortgage-debt shall be a charge on the
purchase-money in exoneration of the land.
(7) Any transfer made in contravention of this section shall be voidable at the instance of the landlord.
(8) If a person to whom an absolute occupancy-tenant has transferred possession of his holding in
contravention of the provisions of this section be ejected by the landlord, the tenant may apply to a
Revenue-officer within one year of the ejectment of such person to be reinstated in possession of the
holding, and the Revenue-officer may order him to be reinstated in possession on his depositing within a
stated period, for payment to the landlord, the costs incurred by the landlord in procuring the ejectment. If
the tenant fails to make such application within one year of the ejectment, or if he fails to deposit such
cost within the period stated, his tenancy shall be deemed to have lapsed.
**42. Absolute occupancy-tenanct not liable to ejectement.—Notwithstanding any contract to the**
contrary, or any provision of a record-of-rights, an absolute occupancy-tenant shall not be ejected from
his holding by his landlord as such for any cause.
**43. Rent first charge on holding and holding saleable in execution of decree for arrears of**
**rent.—The rent of the holding of an absolute occupancy-tenant shall be the first charge on that holding,**
which shall, subject to the other provisions of this Act, be liable to sale in execution of a decree for arrears
of the rent thereof.
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_________
CHAPTER IV
OF OCCUPANCY-TENANT
**44. Definition of “Occupancy-tenant”.—Every tenant who, on the first day of January, 1884, had**
held the same land continuously for twelve years, otherwise than as an absolute occupancy-tenant or a
sub-tenant, and every person who is at the commencement of this Act, or thereafter becomes, a tenant (not
being an absolute occupancy-tenant or a sub-tenant) of land in the districts of Chanda, Nimar and
Sambalpur, shall be deemed to be an occupancy-tenant of that land :
Provided that the land is not.—
_(a)_ sir land, or
_(b)_ held in lieu of wages, or
_(c)_ held, in any district other than Sambalpur, under a written lease in which it is expressly agreed that
a right of occupancy in the land shall not be acquired or that the tenant shall quit the land at the
termination of the lease.
_Explanation I.—The occupation of any person from whom the tenant inherited or lawfully acquired_
his holding shall, for the purposes of this section, be deemed to be the occupation of the tenant.
_Explanation II.—Where, by the custom of any village, the holdings of tenants are, or have been, liable_
to periodical re-distribution, land which a tenant or any person under whom he claims has, in accordance
with that custom, from time to time, received in exchange for land previously held by him, is, for the
purpose of calculating, under this section, the period of twelve years, deemed to be the same land as the
land which he held before the exchange.
**45. Accrual of occupancy-tenant-right in sir-land on transfer of right to occupy as**
**proprietor.—(1) Notwithstanding any agreement to the contrary and save where sanction has been given**
under sub-section (2), a proprietor who, after the commencement of this Act, temporarily or permanently
loses (whether under decree or order of a Civil Court or a Revenue-officer or otherwise) or transfers his
right to occupy sir-land as a proprietor, shall at the date of such loss or transfer become an occupancytenant of that sir-land, and the rent payable by him as such shall be the sum determined at the current
settlement as the rental value of such land, unless and until, on the application of either landlord or tenant,
the rent is fixed by a Revenue-officer.
**(2) Grant of sanction in certain cases to transfer of the right to occupy sir-land.—An application**
by a proprietor for sanction to transfer his sir-land without reservation of the right of occupancy provided
for in sub-section (1) may be made to such Revenue-officer, not being below the class of Deputy
Commissioner, as the Local Government may appoint for this purpose. Such officer shall sanction
transfer in cases in which he is satisfied that the transferor is not wholly or mainly an agriculturist or that
the property is self-acquired or has been acquired otherwise than by inheritance within the twenty years
last preceding In other cases he shall transmit the application to the Local Government, which may
sanction the transfer in whole or in part, on the ground that—
(a) the transferor, though wholly or mainly an agriculturist, will have other permanent means of
subsistence after transferring the right to occupy his sir-land, or
(b) that the area of the sir-land is too large for the transferor to manage after he has transferred his
proprietary rights, or
(c) that for any other reason the transfer ought to be permitted.
The Local Government may make rules for the guidance of Revenue-officers dealing with applications
under this sub-section.
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**(3) Prohibition in certain cases of registration of documents transferring right to occupy sir-**
**land.—Notwithstanding anything contained in the Indian Registration Act, 1877 (III of 1871), no officer**
empowered to register documents under that Act shall admit to registration any document which purports
to transfer or surrender the rights of a proprietor in his sir-land, without reservation of the right of
occupancy provided for in sub-section (1), or to be an agreement for such transfer or surrender, unless
sanction to such transfer or surrender has been endorsed on the document in such manner and by such
authority as the Local Government may direct.
**(4) Partition of undivided share in sir-land.—If there are two or more shares in any sir-land, and**
one of them becomes an occupancy-tenant in it under this section, his previous share in such sir-land
shall, on application made by him or by his landlord, be divided off by a Revenue-officer, and his rights
as occupancy-tenant shall be limited to the land comprised in such share.
**(5) Saving of rights of ordinary tenants.—The accrual of occupancy-tenant-right under**
sub-section (1) shall not affect the rights of an ordinary tenant holding any part of the sir-land at the time
of such accrual.
**(6) Saving of prior registered documents.—Nothing in this section shall affect a document expressly**
providing for the transfer of the right to occupy sir-land as a proprietor, and duly registered before the
commencement of this Act or shall apply to a surrender or a transfer made, decreed or ordered in
pursuance of such a document.
**(7) Bar of jurisdiction of Civil Courts.—No Civil Court shall question the validity of an order passed**
under this section granting or refusing sanction to the transfer of the right to occupy sir-land as a
proprietor.
**_(8) Exception of bhogra.—Nothing in this section shall apply to “bhogra” land._**
_Explanation.—For the purposes of this section a transfer includes a mortgage and a lease._
**46. Devolution of occupancy-right.—(1) When an occupancy-tenant dies his right in his holding**
shall devolve as if it were land :
Provided that, except in the districts of Chanda, Nimar and Sambalpur, a collateral relative of the
tenant shall not be entitled to inherit that right, unless at the death of the tenant he was a co-sharer in the
holding or unless, failing any such co-sharer, he held land, or was permanently resident, in the village in
or from which the holding is cultivated, and is in the male line of descent from an ancestor who occupied
the holding.
**(2) Exemption of occupancy-rights from Court sales.—Save in pursuance of a document duly**
registered before the commencement of this Act, no decree or order shall be passed for the sale of the
right of an occupancy-tenant in his holding, nor shall such right be sold in execution of any decree or
order.
**(3) Prohibition of transfer of occupancy-rights.—No occupancy-tenant shall be entitled to sell,**
make a gift of, mortgage, sub-let (except for a period not exceeding one year) or otherwise transfer his
right in his holding or in any portion thereof, and every such sale, gift, mortgage, sub-lease (other than for
a period not exceeding one year) or transfer shall be voidable in the manner and to the extent provided by
the two next following sections :
Provided that an occupancy-tenant may transfer his right of occupancy to any person who, if he
survived the tenant, would inherit the right of occupancy, or to any person in favour of whom as a
co-sharer the right of occupancy originally arose, or who has become by succession a co-sharer therein:
Provided, also, that nothing in this section shall affect the right of the Government to sell the right of
an occupancy-tenant in his holding for the recovery of an advance made to him under the Land
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Improvement Loans Act, 1883, (XIX of 1883) or the Agriculturists’ Loans Act, 1884, (XII of 1884) or the
right of the purchaser at such sale to succeed to the holding.
**(4) Prohibition of contracts for future sub-leases.—No contract for the sub-lease of holding or any**
portion thereon shall be entered into or made during the currency of a sub-lease of such holding or such
portion thereof ; and every such contract shall be voidable in the manner and to the extent provided by the
two next following sections.
**(5) Prohibition of registration of documents transferring occupancy-rights.—Notwithstanding**
anything contained in the Indian Registration Act, 1877, (III of 1877) no officer empowered to register
documents shall admit to registration any document which purports to transfer the right of an occupancytenant in his holding or in any portion thereof, unless the document recites that the transferee is a person
who, if he survived the tenant, would inherit the right of occupancy, or is a person in favour of whom as a
co-sharer the right of occupancy originally arose or who became by succession a co-sharer therein.
**47. Rights of certain persons to apply to set aside transfers.—(1) If an occupancy-tenant transfers**
any portion of his right in any land in contravention of the provisions of the last foregoing section, any
such person as would be entitled to inherit his right in the holding in the event of his death without nearer
heirs, or the landlord from whom the tenant held the land, may, on application to a Revenue-officer, made
within two years from the date on which in pursuance of the transfer the tenant parted with possession of
the land, be placed in possession, subject, so far as the Revenue-officer may, in accordance with rules
made by the Local Government, determine, to his acceptance of the liabilities of the transferring tenant
for arrears of rent and for advances made by the landlord or other persons for the necessary expenses of
cultivation.
(2) As among several persons so entitled and being desirous of being placed in possession, the right to
be so placed shall accrue in the order in which such persons would have inherited the right of the tenant in
the subject of the transfer if the tenant had died. Failing any such persons, the right shall accrue to the
landlord.
**48. Procedure on application.—When any such application as aforesaid is made, the Revenue-officer**
shall issue a notice to all persons who seem to him prima facie to have a right equal or prior to that of the
applicant, and shall also cause local proclamation to issue in the village in or from which the holding was
cultivated, inviting all persons claiming to be heirs of the tenant who made the transfer to appear before
him on a date to be fixed ; and shall, after hearing such of the persons to whom notice was issued as may
appear, and any other persons who may apply to be heard in the matter, decide who from among such of
them as desire to be placed in possession is first entitled to be so placed :
Provided that in the case of a sub-lease, if the tenant who made the sub-lease appears and pays within
such period as the Revenue-officer may determine the amount of the consideration, if any has passed, for
which the sub-lease was made and the costs of the applicant if he would otherwise have been successful,
the Revenue-officer may replace the tenant himself in possession of the land, if he is satisfied that the
tenant made the sub-lease in ignorance of the law and is able and willing to cultivate the holding.
**49. Rent of occupancy-tenant to be fixed at settlement.—(1) The rent of the holding of every**
occupancy-tenant shall be fixed by the Settlement-officer at each settlement of the area in which the
holding is comprised.
**50. Fixation of rents during currency of settlement in Chanda, Nimar and Sambalpur.—(1) In**
the districts of Chanda, Nimar and Sambalpur, the rent fixed under section 49 shall not be altered during
the currency of any settlement except under section 13, section 14, section 15 or section 17.
(2) The rent payable in respect of his holding by a tenant in any of those districts when this Act comes
into force shall be deemed to have been fixed at the last preceding settlement. of the area in which that
holding is comprised.
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(3) Subject to the provisions of section 13, 14, 15, and 17, the rent payable by any such tenant in
respect of a holding acquired by him after the commencement of this Act shall, pending the
recurrence of the settlement of the area in which that holding is comprised, be the rent fixed by agreement
between him and his landlord at the time he acquires that holding, or, in the absence of any such
agreement, or on the expiration of the term for which any such agreement has been made, a rent fixed by
a Revenue-officer on the application of either party at the following rate, that is to say:—
_(a) in the districts of Chanda and Nimar, the rate which the Local Government has prescribed for_
occupancy-tenants and caused to be entered in the record-of-rights at the current settlement;
_(b) in the district of Sambalpur, the average rate at which at the current settlement the rents of other_
lands in the same village of similar quality and possessing similar advantages were fixed.
**51. Enhancement during settlement in other districts.—The rate of rent payable in money by an**
occupancy-tenant in any other district may, during the currency of a settlement on the application of the
landlord to a Revenue-officer, be enhanced, subject to any rules made under this Act for the local area in
which the holding is situate and for the time being in force :
Provided that.—
(a) an appiication under this section shall not be entertained when, within the ten years immediately
preceding the application, the rent of the holding has been fixed at any settlement or under any
provision of the other provisions of this Act, except those of sections 13,14 or 15, or a suit or
application to enhance it has been dismissed on the merits ; and
(b) no order shall be made on any such application which is inconsistent with any contract made
after the current settlement and still in force, such contract being consistent with this Act.
**52. Grounds for ejectment.— Notwithstanding any contract to the contrary or any provision of a**
record-of-rights, an occupancy-tenant shall not be ejected from his holding by his landlord as such
except,—
(a) as hereinafter provided, for arrears of rent; or
(b) in execution of a decree of a Civil Court passed on the ground of his having diverted the land to
non-agricultural purposes or being chargeable with some other act or omission which, by custom not
inconsistent with this Act or with any other enactment for the time being in force, renders him liable to
be ejected.
**53. Tenant changing land in accordance with village-custom.—A tenant having a right of**
occupancy in land situate in a village in which the holdings of tenants are by custom liable to periodical
re-distribution, and exchanging that land in accordance with the custom for other land situate in the same
village, shall be deemed to have a right of occupancy in the land so taken in exchange.
_________
CHAPTER V
OF VILLAGE-SERVICE-TENANT
**54. Tenant changing land in other cases.—If a tenant having a right of occupancy in any land ceases**
to hold that land, and thereupon commence to hold other land of the same landlord under circumstances
from which it may be inferred that the tenant has accepted that other land in lieu of, and on the same
conditions as, the land which he has ceased to hold, he shall, in the absence of a written agreement to the
contrary, be deemed to have a right of occupancy in the land which he so commences to hold.
**55. Definition of “village-service-tenant”.—A tenant of a holding who is recorded in the papers of**
the current settlement of the area in which the holding is comprised as holding his land rent-free or on
favourable terms on condition of rendering village-service, is a village-service-tenant.
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**56. Devolution and transfer of village-service-tenant’s right.—(1) When a village-service tenant**
dies, resigns or is lawfully dismissed, his right in his village-service-holding shall pass to his village
service-holding shall pass to his successor in office :
Provided that the Local Government may, by general or special order, direct that, where, on the
resignation, dismissal or death of a village watchman or patwari, his successor in office is not his heir, the
village-service-tenure shall cease, in which case the holding shall be retained in occupancy-tenant-right
by the late village-service tenant or shall devolve in occupancy-tenant-right on his heir, as the case may
be, at a rent which for the remainder of the term of the current settlement shall be that determined at such
settlement as the rental value of the holding.
(2) A transaction by which a village-service-tenant attempts to effect a transfer of his interest in his
village-service-holding by sale, gift, mortgage, sub-lease or otherwise except by a sub-lease for a period
not exceeding one year shall be void, and the village-Service-tenant shall be liable to be ejected for such
attempt.
(3) The right of a village-service-tenant shall not be sold in execution of a decree.
**57. Obligation of village-service-tenant to provide substitute.—If a village-service-tenant is unable**
to render the service which he is bound to render, he shall provide a competent person to render it for him.
**58. Grounds on which a village-service tenant may be ejected.—(1) A village-service-tenant shall**
not be ejected from his holding except in execution of an order for ejectment passed by a Revenue-officer
on one of the following grounds, namely :—
(a) that the tenant has attempted to effect a transfer of his holding in contravention of section 56,
sub-section (2) ;
(b) that the tenant has ceased to render the service which he is bound to render, or has failed to
render it properly, or, being unable to render it himself, has failed to provide a competent person to
render it as required by section 57 ;
(c) that the tenant has diverted his land to non-agricultural purposes or is chargeable with some
other act or omission which, by local custom or the provisions of the village wajib-ul-arz, renders him
liable to be dismissed from office ;
(d) that the tenant has resigned, or been dismissed from, his office.
(2) When a village-service-tenant is ejected from his holding under this section, or when he dies or
resigns or is dismissed from his office, a Revenue-officer may, subject to any order issued under the
proviso to section 56, sub-section (1), place his successor in office in possession of the
holding ; and when a village-service-tenant is ejected from, or loses possession of, his holding otherwise
than in accordance with his section, a Revenue-officer may reinstate him in the possession of his holding
and eject any transferee or trespasser who may be in wrongful possession thereof.
_________
CHAPTER VI
OF SUB-TENANT
**59. Definition of sub-tenant.—A tenant who is not an absolute occupancy-tenant or an occupancy-**
tenant and who holds land from another tenant, or from a malik-makbuza, or from the holder of a surveynumber, is a sub-tenant of that land.
**60. Tenure according to agreement.—A sub-tenant shall, subject to the provisions of sections 6, 15**
and 16, hold on such terms as may be agreed upon between him and his landlord :
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Provided that, notwithstanding any agreement to the contrary, a lease granted to a sub-tenant by an
occupancy or an ordinary tenant shall not be valid for a period exceeding one year.
**61. Power to declare sub-tenants in certain cases to have rights of ordinary tenants.—(1) In any**
local area in which the Local Government may by notification in the local official Gazette declare this
section to be in force, a sub-tenant holding from a tenant who is proved to the satisfaction of a Revenueofficer or Settlement-officer to habitually sub-let the land held by the sub-tenant and to manage it solely
with a view to the obtaining of rent may, subject to such rules as the Local Government may prescribe, be
declared by such Revenue-officer or Settlement-officer to have all the rights conferred by this Act on an
ordinary tenant, and shall thereupon be deemed to have such rights both as against the sub-letting tenant
and as against the landlord from whom the letter holds :
Provided that no such declaration shall be made within one year after the commencement of this Act
or in the case of a sub-tenant holding under a lease registered before the commencement of this Act or
until an opportunity has been given to the sub-letting tenant to show cause against it.
(2) When a sub-tenant has been declared under this section to have the rights of an ordinary tenant, so
much of the rent payable by him as is equal to the rent payable to the proprietor by the tenant from whom
he holds on account of the land sub-let to him shall be rendered by him to the proprietor direct, and the
balance shall be rendered by him to the tenant from whom he holds.
(3) If a tenant regarding whose land a declaration under this section has been made dies without heirs
or surrenders his holding, the sub-tenant shall be deemed to hold direct from the landlord at the total rent
paid by him for the land at the time of such death or surrender.
_______
CHAPTER VII.
OF ORDINARY TENANTS.
**62. Definition of “ordinary tenant”.—(1) Every tenant who is not an absolute occupancy-tenant, or**
an occupancy-tenant, or a village-service-tenant or a sub-tenant, is an ordinary tenant.
(2) In any local area in which the Local Government may, by notification in the local official Gazette,
declare that the provisions of this sub-section are in force, where a person cultivates land not being
sir-land under an agreement made with the proprietor of the land and purporting to be an agreement for
the cultivation of the land by such person and such proprietor in partnership, such person is an ordinary
tenant of the land so cultivated by him, and, notwithstanding any contract to the contrary, the rent payable
by him for the land shall be fixed by a Revenue-officer on application made by him or his landlord.
**63. Landlord’s right to recover rents determined at settlement as payable by ordinary tenants.—**
(1) A Settlement-officer shall, unless the Local Government otherwise directs, fix the rents payable by the
ordinary tenants of a mahal other than ordinary tenants whose holdings consist entirely of sir-land, and,
on and from the date on which the land-revenue assessment takes effect, the landlord shall be entitled to
recover only the rents so fixed.
(2) The rents fixed under sub-section (1) shall be recorded in the proceedings of the Settlement-officer,
and a copy of the record shall be granted free of expense to the landlord.
(3) When by reason of the receipt by the land-lord of any consideration, whether in money or
otherwise, a tenant is holding at a rent lower than that fixed by the Settlement-officer under sub-section
(1), the Settlement-officer may, notwithstanding anything in this Act, declare him to be entitled to hold at
such lower rent,—
(a) if the term is fixed by contract, for the term so fixed or for any shorter period ;
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(b) in other cases, for such term as the Settlement-officer, having regard to the circumstances, fixed
as fair and equitable ;
and the term for which the tenant is declared to be so entitled shall be entered in the record made under
sub-section (2) :
Provided that in no case shall the tenant be entitled to hold at such lower rent for a period longer than
that for which the settlement is being made, and, at the expiry of the settlement, he shall not be entitled to
a continuance of the privilege.
**64. Notice of enhancement to be served through Revenue-officer.—When a landlord wishes to**
enhance the rent of an ordinary tenant whose holding does not consist entirely of sir-land and whose rent
is not fixed by an agreement in writing, and the tenant does not agree to the enhancement, the landlord
may cause to be served on the tenant through a Revenue-officer a notice of the enhancement not less than
six months or more than twelve months before the commencement of the agricultural year in which the
landlord desires the enhancement to take effect.
**65. Liability of tenant to ejectment in default of his agreeing to enhancement.—(1) If, within the**
period of one month from the service of a notice under the last foregoing section, the tenant on whom the
notice has been served presents to the Revenue-officer issuing the notice a statement in writing declaring
his willingness to pay the enhanced rent, he shall be deemed to have agreed to pay that rent from the
commencement of the agricultural year next following.
(2) If the tenant does not, within the said period of one month, present to the Revenue-officer
a statement as aforesaid, the landlord may, not less than ten weeks before the commencement of the
agricultural year next following, apply to the Revenue-officer to eject the tenant.
**66. Procedure in ejectment-suit.—(1) If, when an application has been made under sub-section (2) of**
the last foregoing section, the tenant appears and agrees to pay the enhanced rent demanded, his
agreement shall thereupon be recorded, and he shall not be ejected but shall be liable to pay that rent from
the commencement of the agricultural year next following the date of the land lord’s application under
section 65, sub-section (2).
(2) If the tenant fails to appear, or if, on appearing, he does not agree to pay the enhanced rent
demanded, the Revenue-officer shall determine what rent is fair and equitable for the holding : provided
that, save where in the Revenue-officer’s opinion the existing rent is merely nominal, the rent so
determined shall not exceed the existing rent by more than thirty-three percent.
(3) If the tenant agrees to pay the rent so determined, he shall be entitled to remain in occupation of the
holding at that rent from the commencement of the agricultural year next following the date of the
landlord’s application under section 65, sub-section (2).
(4) If the tenant does not agree to pay the rent determined under sub-section (2), the Revenue-officer
may make an order for his ejectment, subject to the provisions of section 88 and 89 and subject to the
deposit by the landlord, within a month from the date of the order, of the amount of compensation (if any)
determined as due to the tenant under section 32, If such amount is not so deposited, the order for
ejectment shall become void.
**67. Rent of ordinary tenant regulated by agreement.—An ordinary tenant shall, subject to the**
provisions of sections 13, 14, 15,16, 63, 66 and 78, pay such rent as may, from time to time, be fixed by
agreement between him and his landlord.
**68. Fresh proceedings not to be taken a for seven years.—When the rent of a tenant has been fixed**
by a Settlement-officer under section 63, or where a tenant has agreed to pay an enhanced rent for his
holding under section 65, or when a tenant is holding at a rent fixed as fair and equitable under section 66
or section 78, or when a rent has been agreed upon by contract or consent between the landlord and his
tenant in respect of any holding, or when an order under section 66 to eject a tenant from his holding has
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become void from failure of the landlord to deposit the amount of compensation (if any) determined as
due to the tenant under section 32, no notice of enhancement under section 64 shall be served on such
tenant in respect of such holding, nor shall any further enhancement, by contract or consent or otherwise,
in respect of such holding be permissible, for a period of seven years from the date on which the
settlement made by the Settlement-officer took effect, or from the date of such fixation, agreement,
contract or consent, or from the date of such order for ejectment becoming void, as the case may be :
Provided that, where a tenant is holding land under a special contract with his landlord at a favourable
rent for a term of years in consideration of temporary deterioration, or of the labour or expense involved
in the reclamation by such tenant of the land from waste, nothing in this section shall be constructed to
prevent a fair rent being fixed or agreed upon after the expiration of the term of such contract.
**69. Grounds on which an ordinary tenant may be ejected.—Notwithstanding any contract to the**
contrary or any provision of a record-of-rights, an ordinary tenant shall not be ejected from his holding by
his landlord as such except—
(a) as provided in the case of an occupancy tenant by section 52 ;
(b) in accordance with the provisions of section 66 ;
(c) in execution of a decree for ejectement passed on the ground that his holding consists entirely of
sir-land.
**70. Devolution of ordinary tenancy.—(1) When an ordinary tenant dies, his right in his holding shall**
devolve as if it were land :
Provided that a collateral relative of the tenant shall not be entitled to inherit his right unless at the
death of the tenant he was a co-sharer in the holding.
**(2) Exemption of ordinary tenant-rights from Court sales.—Save in pursuance of a document duly**
registered before the commencement of this Act, no decree or order shall be passed for the sale of the
right of an ordinary tenant in his holding, nor shall such right be sold in execution of any decree or order.
**(3) Prohibition of transfer of ordinary tenant-rights.—No ordinary tenant shall be entitled to sell,**
make a gift of, mortgage, sub-let (except for a period not exceeding one year) or otherwise transfer his
right or holding or any portion thereof; and every such sale, gift, mortgage, sub-lease (other than for a
period not exceeding one year) or transfer shall be voidable in the manner and to the extent provided by
the two next following sections :
Provided that nothing in this sub-section shall affect the right of the Government to sell the right of an
ordinary tenant in his holding for the recovery of an advance made to him under the Land Improvement
Loans Act, 1883, (XIX of 1883) or the Agriculturists’ Loans Act, 1884 (XII of 1884) or the right of the
purchase at such sale to succeed to the holding.
**(4) Prohibition of contracts for future sub-leases.—No contract for the sub-lease of a holding or**
any portion thereof shall be entered into or made during the currency of a sub-lease of such holding or
such portion thereof ; and every such contract shall be voidable in the manner and to the extent provided
by the two next following sections.
**(5)** **Prohibition** **of** **registration** **of** **documents** **transferring** **ordinary** **tenant-**
**rights.—Notwithstanding anything contained in the Indian Registration Act, 1877, (III of 1877) no**
officer empowered to register documents under that Act shall admit to registration any document which
purports to transfer the right of any ordinary tenant in his holding or in any portion thereof.
**71. Right of certain persons to apply to set aside transfer.—(1) If an ordinary tenant transfers any**
portion of his rights in any land in contravention of the provisions of the last foregoing section, any such
person as would be entitled to inherit his right in the holding in the event of his death without nearer heirs,
or the landlord from whom the tenant held the land, may, on application to a Revenue-officer made within
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two years from the date on which, in pursuance of the transfer, the tenant parted with possession of the
land, be placed in possession, subject, so far as the Revenue-officer may, in accordance with rules made
by the Local Government, determine, to his acceptance of the liabilities of the transferring tenant for
arrears of rent and for advances made by the landlord or other persons for the necessary expenses of
cultivation.
(2) As among several persons so entitled and being desirous of being placed in possession, the right to
be so placed shall accrue in the order in which such persons would have inherited the right of the tenant in
the subject of the transfer if the tenant had died failing any such persons, the right shall accrue to the
landlord.
**72. Procedure on application.—When any such application as aforesaid is made the Revenue-officer**
shall issue a notice to all persons who seem to him prima facie to have a right equal or prior to that of the
applicant, and shall also cause local proclamation to issue in the village in or from which the holding was
cultivated, inviting all persons claiming to be heirs of the tenant who made the transfer to appear before
him on a date to be fixed ; and shall, after hearing such of the persons to whom notice was issued as may
appear, and any other persons who may apply to be heard in the matter, decide who from among such of
them as desire to be placed in possession is first entitled to be so placed :
Provided that in the case of a sub-lease, if the tenant who made the sub-lease appears and pays within
such period as the Revenue-officer may determine the amount of the consideration, if any has passed, for
which the sub-lease was made, and the costs of the applicant if he would otherwise have been successful,
the Revenue-officer may replace the tenant himself in possession of the land, if he is satisfied that the
tenant made sub-lease in ignorance of the law and is able and willing to cultivate the holding.
**73. Obligation of landlord to confer occupancy-rights on ordinary tenant.—(1) Notwithstanding**
any contract to the contrary, the landlord of any holding held by an ordinary tenant shall, at the request of
the tenant and on the tender by the tenant to him of a sum equal to two and-a-half times the annual rent
payable in respect of the holding, together with the cost of preparing any instrument required for this
purpose, confer upon the tenant the rights of an occupancy-tenant in respect of the holding ; and, when
those rights have so been conferred, the rent of the tenant shall be deemed to be fixed under this Act,
within the meaning of section 51, at the rate at which rent was payable by the tenant at the date of the
request and tender :
Provided that the tenant may, for the purposes of any such request and tender, and the landlord may,
upon any such request and tender being made to him, apply to a Revenue-officer, or during the progress
of settlement-operations to a Settlement-officer, to fix the rent of the holding for the purposes of this
section; and, if it is proved to the satisfaction of the officer that the rate of rent payable in respect of the
holding is greater or less than the rate usually paid by ordinary tenants of holdings situate in the village or
vicinity for land of similar quality with like advantages, the officer may fix the rent at the latter rate, and
the rent so fixed shall for the purposes of this section be deemed to be, and to have been at the date of the
request and tender, the rent payable by the tenant :
Provided, further, that, if the application is made otherwise than during the progress of settlementoperations, nothing in this section shall be construed to empower a Revenue-officer to alter a rent within
seven years of its having been fixed under any of the provisions of this Act, except on the ground that
some such change as is described in section 15 has since occurred so as to render the rent so fixed no
longer a fair rent.
(2) If a landlord to whom a request and tender are made by a tenant under sub-section (1), refuses or
neglects for a period of one month to confer the rights of an occupancy-tenant on the tenant, the tenant
may deposit the sum aforesaid in the Court of a Revenue-officer, or, during the progress of settlementoperations, of a Settlement-officer, and apply to that officer to confer upon him the rights of an
occupancy-tenant in respect of the holding.
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(3) The officer so applied to, after giving notice of the application to the landlord and hearing him, if
he appears, and after making such inquiry as he thinks necessary, may execute any instrument required
for conferring the rights of an occupancy-tenant in respect of the holding upon the tenant, and the
execution shall have the same effect as an execution by the landlord.
(4) Every person upon whom the rights of an occupancy-tenant are conferred under this section shall
be deemed to be an occupancy-tenant for the purposes of this Act.
(5) Nothing in this section shall apply to a holding consisting entirely of sir-land.
_______
CHAPTER VIII.
JURISDICTION AND PROCEDURE.
**74. Power to direct that suit between landlords and tenants be entered in separate**
**registers.—The Local Government may direct that all suits, or any specified class of suits, between**
landlords and tenants as such, shall not be registered in the registers of civil suits kept under the Code of
Civil Procedure, 1882 (XIV of 1882), but in such other registers as it may prescribe.
**75. Plaint in such suits.—(1) In suits between landlords and tenants as such, the plaint shall, in**
addition to the matters mentioned in section 50 of the Code of Civil Procedure, 1882 (XIV of 1882),
specify the area of the land to which the suit relates, and, where the fields comprised in that land have
been numbered in a Government survey, the number of each such field ; and, in the case of suits for an
arrear, the amount of the yearly rent and the instalments in which it is payable.
(2) When the land to which the suit relates comprises parts of numbered fields or has not been divided
into numbered fields, an accurate and sufficient description of the land and its boundaries shall be given
in the plaint.
**76. Legal Practitioners’ fees not allowed unless for special reasons.—In suit between landlords and**
tenants as such, the fees of a legal practitioner shall not be allowed as costs unless the Court considers, for
reasons to be recorded by it in writing, that those fees ought to be allowed.
**77. Set-off when allowed in suits for arrears.—No set-off shall be allowed in any suit for arrears**
unless the amount claimed as a set-off has been determined by a decree or order of a competent Court or
of a Revenue-officer or Settlement-officer.
**78. Procedure when ordinary tenant in suit pleads excessive rent.—(1) If in any suit in which the**
defendant is an ordinary tenant whose holding does not consist entirely of sir-land the tenant appears and,
at any times before a decree is passed, pleads that his rent is excessive, the Court shall inquire into the
circumstances of the rent.
(2) If the Court finds that the rent payable by the tenant has been enhanced by contract or consent
above the rent determined by a Settlement-officer at the current settlement or by a Revenue-officer under
this Act, or, when not so determined, above the rent at which the holding was first taken up by the tenant,
or, if the rent payable was determined by a Settlement-officer in proceedings taken before the
commencement of this Act only after the landlord had refused to comply with the request of the
Settlement-officer to reduce it, the Court may stay proceedings and refer the case to a Revenue-officer,
who shall thereupon fix what rent is fair and equitable for the holding. If the rent so fixed is equal to or
more than the rent previously payable, the Court shall decree the arrears claimed and proved. If the rent so
fixed is less than the rent previously payable, the Court shall decree against the tenant arrears of rent on
account of any year only to the extent of the amount (if any) by which his payments for that year fell short
of the rent so fixed. The tenant shall be entitled to remain in occupation at a rent fixed under this subsection from the commencement of the agricultural year next following the date of the institution of the
suit.
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(3) If the Court finds that the rent, in respect of which the plea is made by the tenant, was not
enhanced or determined in the manner describe in sub-section (2) but was the rent at which the tenant first
took up the holding from the landlord, the Court shall pass a decree for such sum as may be due at the
rent so payable, but may, before or after passing the decree, refer the case to a Revenue-officer, who shall
there upon fix what is a fair and equitable rent for the holding, and, if the tenant pays the amount decreed
within one month of the date on which the rent is so fixed, he shall be entitled to remain in occupation of
his holding at the rent so fixed with effect from the commencement of the agricultural year next following
the date of the institution of the suit.
_Explanation I.—Nothing in this section shall be construed to authorize a Revenue-officer to determine_
a rent higher than that payable by the tenant at the date of the institution of the suit except from the
commencement of the agricultural year next following the date of the institution of the suit, and on the
formal application of the landlord.
_Explanation II.—A statement made during the progress of settlement-operations by the Settlement-_
officer, and contained in any return or report prescribed by the Local Government, to the effect that a
landlord refused to reduce any rent, shall be conclusive proof of such refusal.
**79. Tenants’ improvements how to be treated in fixing rents.—When the land in respect of which**
an application is made under section 50 or section 51, or for which a fair rent is to be determined under
section 66 or section 78, has been improved, in accordance with the provisions of this Act, by the agency,
or at the expense, of the tenant, and such improvement was made during the term of the current settlement
or the term of the settlement immediately preceding it, the quality and advantages of the land, as
cultivated land, shall, notwithstanding anything contained in any contract or record-of-rights to the
contrary, be deemed, for the purposes of any such section as aforesaid, to be the quality and advantages
which the land would have had and enjoyed if the improvement had not been made.
**80. Interest on arrears.—In suits for arrears, interest on the arrears may be allowed up to date of**
institution, at such rate, not exceeding twelve per cent. per annum, as the Court thinks fir.
**81.** **No appeal in certain suits for arrears.—A decree or order passed in a suit for arrears, whether on**
appeal or otherwise, by a Judge of a Civil Court exercising powers not less than those of an Assistant
Commissioner of the first class as defined in the Central Provinces Civil Courts Act, 1885 (XVI of 1885),
shall not be subject to appeal, unless—
(a) the amount or value of the subject-matter of the suit exceeds one hundred rupees ; or
(b) a question relating to a title to land or some interest in land, has been determined as between
parties having conflicting claims thereto.
**82. Application for execution by sale of holding or by ejectment.—An application for the execution**
of a decree for an arrear of rent by sale of the holding in respect of which the arrear accrued or by
ejectment of the tenant shall contain a statement showing the tahsil and village in which the holding is
situate, the numbers borne in the village rent-roll by the fields constituting the holding, the rent annually
payable, and the years in which the decreed arrears accrued.
**83. Arrears decreed not to be on current year’s account.—No such application as is referred to in**
foregoing section shall be admitted until after the expiration of the year in which the arrear, or any part of
the arrear, accrued.
**84. Procedure in execution by sale of holding—(1) A decree for arrears of rent due in respect of an**
absolute occupancy-holding shall, if sale of such holding be ordered in execution, be executed as if it
ordered sale in pursuance of a contract specifically affecting the holding, and shall under section 320 of
the Code of Civil Procedure, 1882 (XIV of 1882), be transferred to the Collector for execution.
(2) The Collector executing the decree may, not withstanding anything contained in section 305 of the
Code of Civil Procedure, 1882 (XIV of 1882), allow the tenant time in which to pay the amount due :
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Provided that any period, or the aggregate of any periods, so allowed shall, subject to any general or
special orders which may be issued by the Local Government, not exceed two months.
**85. Procedure in execution by ejectment.—(1) A decree for an arrear of rent due in respect of an**
occupancy or ordinary holding or a holding held by a sub-tenant may be executed by the ejectment of the
tenant : Provided that, notwithstanding anything contained in the Code of Civil Procedure 1882 (XIV of
1882), an order for the ejectment of a tenant in execution of such a decree shall be transferred to a
Revenue-officer for execution.
(2) The Revenue-officer on receiving the decree shall cause a notice to be served upon the tenant
stating the date of the decree, the amount due there under and the numbers borne in the village rent-roll by
the fields constituting the holding, and informing him that if he does not pay into Court within a month
from date the amount due he will be ejected from his holding.
(3) If the amount due is not paid within the period appointed, the Revenue-officer may, subject to the
Provisions of sections 32, 88 and 89, eject the tenant or may, after such enquiry as he deems necessary,
postpone ejectment in order to allow the tenant time for payment : provided that any period, or the
aggregate of any periods, so allowed shall, subject to any general or special orders which may be issued
by the Local Government, not exceed in the case of an occupancy-holding or an ordinary holding not
consisting entirely of sir-land four months, or in the case of an ordinary holding consisting entirely of sirland or a holding held by a sub-tenant one month.
(4) The Local Government may make rules for the guidance of Revenue-officer executing decrees
under this section.
**86. Power of Court to deal with cases of drought or other calamity in suits for**
**arrears.—(1) Where, in answer to a suit for an arrear, the tenant admits that the arrear is due, but pleads**
that the produce of his holding during the period in respect of which the arrear is claimed has been
diminished or destroyed by drought, hail or other extraordinary calamity beyond his control, the Court in
its discretion may, notwithstanding any contract to the contrary, allow in its decree any deduction from
the arrear, and direct payment of the amount decreed (if any) in such instalments (if any) as it thinks fit.
(2) In any such case the Court may order that the provisions of sections 84 and 85 shall not apply to
the decree.
(3) In making a decree under this section the Court shall have regard to.—
(a) the value of the produce of the holding for the whole agricultural year in respect of which the
arrear accrued ; and
(b) the proportion which the amount of rent payable for that year by the tenant bears to that value.
(4) If in any such suit it appears that the land-revenue of the village in which the holding is situate has
been, wholly or in part, suspended or remitted on account of drought, hail or other extraordinary calamity
in respect of the period for which the arrear is claimed, the Court shall presume, until shown, that the
diminution or destruction alleged by the tenant has taken place.
**87. Relief against forfeitures.—(1) A suit for the ejectment of tenant on the ground that he has done**
or omitted to do something for doing or omitting to do which he is liable to ejectment, or that he has
broken a condition on breach of which he is, under the terms of a contract between him and the landlord,
liable to ejectement, shall not be entertained unless the landlord has requested the tenant, where the
damage or breach is capable of remedy, to remedy the same, and, in any case, to pay reasonable
compensation for the damage or breach, and the tenant has failed to comply within a reasonable time with
that request.
(2) A decree passed in favour of a landlord in any such suit shall declare the amount of compensation
which would reasonably be payable to the plaintiff for the damage or breach, and whether, in the opinion
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of the Court, the damage or breach is capable of remedy, and shall fix a period during which it shall be
open to the defendant to pay that amount to the plaintiff, and, where the damage or breach is declared to
be capable of remedy, to remedy the same.
(3) The Court may, from time to time, extend a period fixed by it under sub-section (2) for remedying
a damage or breach.
(4) If the defendant, within the period or extended period (as the case may be) fixed by the Court
under this section, pays the compensation mentioned in the decree, and, where the damage or breach is
declared by the Court to be capable of remedy, remedies the damage or breach to the satisfaction of the
Court, the decree shall not be executed.
**88. Rights of ejected tenants in respect of crops and land prepared for sowing.—The following**
rules shall be applicable in the case of every tenant ejected from a holding :
(1) When the tenant has, before the date of his ejectment, sown or planted crops in any land comprised
in the holding, he shall be entitled, at the option of the landlord, either to retain possession of that land
and to use it for the purpose of tending and gathering in the crops, or to receive from the landlord the
estimated value of the labour and capital expended by the tenant in preparing the land and sowing,
planting and tending the crops, together with reasonable interest thereon.
(2) When the tenant has, before the date of his ejectment, prepared for sowing any land comprised in
his holding, but has not sown or planted crops on that land, he shall be entitled to receive from the
landlord the estimated value of the labour and capital expended by him in so preparing the land, together
with reasonable interest thereon :
Provided that a tenant shall not be entitled to retain possession of any land or receive of any land or
receive any sum in respect thereof under this section when, after the commencement of proceedings by a
landlord for his ejectment, he has cultivated or prepared the land contrary to local usage :
Provided, also, that the rent, if any, payable to the landlord by the tenant at the time of ejectment may
be set off against any sums payable to the tenant under this section.
**89. Payment by tenant for occupation of land under section 88.—When a landlord elects, under**
clause (1) of the last foregoing section, to allow a tenant to retain possession of any land for the purpose
specified in that clause, the tenant shall pay to the landlord, for the use and occupation of the land during
the period for which he is allowed to retain possession of the same, such rent as the Court or Revenueofficer may deem reasonable.
**90. In suits for arrears all claims between landlord and tenant to be determined.—In all suits for**
arrears of rent, the Court shall inquire into and determine all claims under this Act by the landlord against
the tenant as such, or by the tenant against the landlord as such.
**91. Procedure when, on sale or ejectment, money is due by the land-lord to the**
**tenant.—(1) When it appears to a Court making an inquiry under the last foregoing section that the**
amount payable by the landlord to the tenant as such exceeds the amount payable by the tenant to the
landlord as such, the decree or order for sale or ejectment (if any) shall, unless the landlord and tenant
come to an arrangement regarding the payment of the excess sum, specify a time within which it must be
paid into Court.
(2) If it is so paid within the time specified, the Court shall, subject to the other provisions of this Act,
make an order for the sale of the holding or the ejectment of the tenant ; and, if it is not so paid, the Court
shall refuse to make such order.
**92. Reinstatement of tenant illegally ejected.—Any tenant who has been ejected from his holding or**
from any portion thereof otherwise than in accordance with the provisions of this Act, may, on application
27
-----
to a Revenue-officer made within one year from the date of his ejectment, be reinstated in possession of
such holding or portion :
Provided that no order passed under this section shall prejudice the right of the landlord to eject the
tenant so reinstated, or the right of a tenant whose application for reinstatement is rejected to establish his
title to his holding and to recover possession thereof by means of a regular suit :
Provided, also, that possession of a tenancy, or of any portion thereof, shall not be recoverable under
section 9 of the specific Relief Act, 1877 (I of 1877), by a tenant dispossessed thereof.
**93. Applications to measure or ascertain condition of holdings.—(1) If any landlord or tenant of a**
holding desires that the extent of that holding be ascertained, or that evidence relating to any
improvement made in respect thereof or to the state of the holding at any specified time, be recorded, he
may apply to a Revenue-officer ; and that officer shall thereupon, in presence of the parties,—
(a) make or cause to be made such inquiry as he thinks fit, with a view to ascertaining the extent of
the holding, and record his finding thereon, or
(b) (where the applicant seeks to have evidence recorded) record that evidence :
Provided that no action shall be taken by any Revenue-officer under this section if he considers that
there are no reasonable grounds for making the application, or if the subject-matter thereof is under
inquiry in a Civil Court.
(2) When any matter has been recorded under this section, the record thereof shall be admissible in
evidence in any subsequent proceedings between the landlord and tenant or any persons claiming under
them.
**94. Limitation is suits under the Act.—(1) The period of limitation for a suit instituted by a tenant**
other than an absolute occupancy-tenant to recover possession of land from which he has been ejected,
shall be two years from the date on which he is ejected.
(2) Whenever rent is taken by division of the produce or by estimate or appraisement of the crop, and
no application is made under section 19, no suit by the landlord for the recovery of the share of the
produce claimed by him as rent, or the value thereof, shall lie unless such suit is instituted within a period
of one year reckoned from the date on which the rent instalment on account of the harvest to which the
crop belongs fell due.
(3) In all other cases the limitation of every suit brought under this Act shall be governed by Indian
Limitation Act, 1877 (XV of 1877) :
Provided that nothing in section 7, 8 and 9 of the said Act shall apply to suits for arrears of rent or for
the ejectment of a tenant, or to suits for recovery of possession by a tenant against his landlord.
**95. Jurisdiction of Civil Courts barred in certain cases.—Save where it is expressly provided to the**
contrary, no Court other than the Court of a Revenue-officer or Settlement-officer shall fix, alter or
commute any rent or call in question any rent fixed by a Revenue-officer or Settlement-officer, or shall
take cognizance of any dispute or matter in respect of which authority is given by this Act to a Revenueofficer or Settlement-officer.
**96. Procedure on applications to Revenue and Settlement Officers, and appeals from their**
**orders.—In fixing rents and disposing of the matters referred to in the last foregoing section, Revenue-**
officers and Settlement-officers shall, as nearly as may be practicable, subject to the Provisions of this Act
and any rules made thereunder, exercise the same powers and follow the same procedure as they exercise
and follow under the Central Provinces Land-revenue Act, 1881 (XIII of 1881) as from time to time
amended.
28
-----
(2) From every decision or order of a Revenue-officer or Settlement-officer fixing rent or disposing of
any matter referred to in the last foregoing section, an appeal shall lie as if that decision or order had been
passed by that officer under the said Act.
**97. Jurisdiction of Civil Courts in suits between landlords and tenants.—Except as provided in**
section 95, the Civil Courts shall have jurisdiction in all suits between landlords and tenants as such :
Provided that.—
(a) a Judge of a Civil Court of original jurisdiction shall not, unless he is also a Revenue-officer or
Settlement-officer, hear any such suit ; and
(b) the Local Government may, subject to the other provisions of this Act, direct that all or any
class of such suits shall be heard and determined only in such Courts competent to try the same as it
thinks fit, and not otherwise.
**98. Recovery of fines and penalties.—Any sum due as fine or penalty under this Act shall be**
recoverable as if it were an arrear of land-revenue.
________
CHAPTER IX.
SUPPLEMENTAL.
**99. Power to Local Government to make rules.—The Local Government may, by notification in the**
local official Gazette, make rules for the purpose of carrying out the objects of this Act and prescribing
the practice thereunder.
**100. Repeals.—The enactments mentioned in the schedules are repealed to the extent specified in the**
fourth column thereof.
__________
29
-----
THE SCHEDULE.
ENACTMENTS REPEALED.
(see section 100.)
3
Short title.
The Central Provinces Tenancy Act, 1883
The Central Provinces Tenancy Act, 1889
The Repealing and Amending Act, 1891
30
|1|2|3|4|
|---|---|---|---|
|Year.|No.|Short title.|Extent of Repeal.|
|1883|IX|The Central Provinces Tenancy Act, 1883|The whole|
|1889|XVII|The Central Provinces Tenancy Act, 1889|The whole|
|1891|XII|The Repealing and Amending Act, 1891|So much as relates to Acts IX of 1883 and XVII of 1889|
-----
|
27-Jan-1899 | 02 | The Indian Stamp Act, 1899 | https://www.indiacode.nic.in/bitstream/123456789/15510/1/a1899-2%20.pdf | central | THE INDIAN STAMP ACT, 1899
_____________
ARRANGEMENT OF SECTIONS
_____________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
STAMP- DUTIES
A.—Of the liability of instruments to Duty
3. Instruments chargeable with duty.
3A. [Repealed.].
4. Several instruments used in single transaction of sale, mortgage or settlement.
5. Instruments relating to several distinct matters.
6. Instruments coming within several descriptions in Schedule I.
7. Policies of sea-insurance.
8. Bonds, debentures or other securities issued on loans under Act XI of 1879.
8A. Securities dealt in depository not liable to stamp-duty.
8B. Corporatisation and demutualisation schemes and related instruments not liable to duty.
8C. Negotiable warehouse receipts not liable to stamp-duty.
8D. Agreement or document for assignment of receivables not liable to stamp-duty.
8E. Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of
shareholding of a bank to a holding company of bank not liable to duty.
8F. Agreement or document for transfer or assignment of rights or interest in financial assets not
liable to stamp-duty.
8G. Strategic sale, disinvestment, etc., of immovable property by Government company not liable to
stamp duty.
9. Power to reduce, remit or compound duties.
_AA.—_ _Of the liability of instruments of transaction in stock exchanges and depositories to duty_
9A. Instruments chargeable with duty for transactions in stock exchanges and depositories.
9B. Instruments chargeable with duty for transactions otherwise than through stock exchanges and depositories.
_B.—Of Stamps and the mode of using them_
10. Duties how to be paid.
11. Use of adhesive stamps.
12. Cancellation of adhesive stamps.
13. Instruments stamped with impressed stamps how to be written.
14. Only one instrument to be on same stamps.
15. Instrument written contrary to section 13 or 14 deemed unstamped.
16. Denoting duty.
_C. —Of the time of stamping Instruments_
17. Instruments executed in India.
18. Instruments other than bills and notes executed out of India.
19. Bills and notes drawn out of India.
_D. —Of Valuations for Duty_
20. Conversion of amount expressed in foreign currencies.
21. Stock and marketable securities how to be valued.
22. Effect of statement of rate of exchange or average price.
23. Instruments reserving interest.
23A. Certain instruments connected with mortgages of marketable securities to be chargeable as agreements.
-----
SECTIONS
24. How transfer in consideration of debt, or subject to future payment, etc., to be charged.
25. Valuation in case of annuity, etc.
26. Stamp where value of subject-matter is indeterminate.
27. Facts affecting duty to be set forth in instrument.
28. Direction as to duty in case of certain conveyances.
_E. —Duty by whom payable_
29. Duties by whom payable.
30. Obligation to give receipt in certain cases.
CHAPTER III
ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamp.
32. Certificate by Collector.
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments.
34. Special provision as to unstamped receipts.
35. Instruments not duly stamped inadmissible in evidence, etc.
36. Admission of instrument where not to be questioned.
37. Admission of improperly stamped instruments.
38. Instruments impounded, how dealt with.
39. Collector's power to refund penalty paid under section 38, sub-section (1).
40. Collector's power to stamp instruments impounded.
41. Instruments unduly stamped by accident.
42. Endorsement of instruments on which duty has been paid under section 35, 40 or 41.
43. Prosecution for offence against Stamp-law.
44. Persons paying duty or penalty may recover same in certain cases.
45. Power to Revenue-authority to refund penalty or excess duty in certain cases.
46. Non-liability for loss of instruments sent under section 38.
47. Power of payer to stamp bills and promissory notes received by him unstamped.
48. Recovery of duties and penalties.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
49. Allowance for spoiled stamps.
50. Application for relief under section 49 when to be made.
51. Allowance in case of printed forms no longer required by Corporations.
52. Allowance for misused stamps.
53. Allowance for spoiled or misused stamps how to be made.
54. Allowance for stamps not required for use.
54A. Allowances for stamps in denominations of annas.
54B. Allowances for Refugee Relief stamps.
55. Allowance on renewal of certain debentures.
CHAPTER VI
REFERENCE AND REVISION
56. Control of, and statement of case to, Chief Controlling Revenue-authority.
-----
SECTIONS
57. Statement of case by Chief-Controlling Revenue-authority to High Court.
58. Power of High Court to call for further particulars as to case stated.
59. Procedure in disposing of case stated.
60. Statement of case by other Courts to High Court.
61. Revision of certain decisions of Courts regarding the sufficiency of stamps.
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE
62. Penalty for executing, etc., instrument not duly stamped.
62A. Penalty for failure to comply with provisions of section 9A.
63. Penalty for failure to cancel adhesive stamp.
64. Penalty for omission to comply with provisions of section 27.
65. Penalty for refusal to give receipt, and for devices to evade duty on receipts.
66. Penalty for not making out policy or making one not duly stamped.
67. Penalty for not drawing full number of bills or marine policies purporting to be in sets.
68. Penalty for post-dating bills, and for other devices to defraud the revenue.
69. Penalty for breach of rule relating to sale of stamps and for unauthorised sale.
70. Institution and conduct of prosecutions.
71. Jurisdiction of Magistrates.
72. Place of trial.
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
73. Books, etc., to be open to inspection.
73A. Power of Central Government to make rules.
73B. Power to issue directions and to authorise certain authorities to issue instructions, etc.
74. Powers to make rules relating to sale of stamps.
75. Powers to make rules generally to carry out Act.
76. Publication of rules.
76A. Delegation of certain powers.
77. Saving as to court-fees.
77A. Saving as to certain stamps.
78. Act to be translated, and sold cheaply.
79. [Repealed.].
SCHEDULE I.––STAMP-DUTY ON INSTRUMENTS.
SCHEDULE II. ––[Repealed.].
-----
## THE INDIAN STAMP ACT, 1899
ACT NO. 2 OF 1899[1]
[27th January, 1899.]
## An Act to Consolidate and amend the law relating to Stamps.
WHEREAS it is expedient to consolidate and amend the law relating to Stamps. It is hereby enacted as
follows:—
CHAPTER I
PRELIMINARY
**1. Short title, extent and commencement.—(1) This Act may be called the Indian Stamp Act, 1899.**
2[(2) It extends to the whole of India 3***:
Provided that it shall not apply to [4][the territories which, immediately before the 1st November, 1956,
were comprised in Part B States] (excluding the State of Jammu and Kashmir)except to the extent to
which the provisions of this Act relate to rates of stamp-duty in respect of the documents specified in
Entry 91 of List I in the Seventh Schedule to the Constitution].
(3) It shall come into force on the first day of July, 1899.
**2. Definitions.—In this Act, unless there is something repugnant in the subject or context,—**
5[(1) Allotment list.—“allotment list” means a list containing details of allotment of the securities
intimated by the issuer to the depository under sub-section (2) of section 8 of the Depositories Act,
1996 (22 of 1996);
(1A) “banker” includes a bank and any person acting as a banker;]
(2) Bill of exchange.—“bill of exchange” means a bill of exchange as defined by the Negotiable
Instruments Act, 1881, (26 of 1881), and includes also a hundi, and any other document entitling or
purporting to entitle any person, whether named therein or not, to payment by any other person of, or
to draw upon any other person for, any sum of money;
(3) Bill of exchange payable on demand. —“bill of exchange payable on demand” includes—
(a) an order for the payment of any sum of money by a bill of exchange or promissory note, or
for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or
for the payment of any sum of money out of any particular fund which may or may not be
available, or upon any condition or contingency which may or may not be performed or happen;
(b) an order for the payment of any sum of money weekly, monthly or at any other stated
period; and
1. For Report of the Select Committee, see Gazette of India, 1898. Pt. -V, p. 231: and for Proceedings in Council, see 1898, Pt. VI, pp. 10 and 278; and Gazette of
India, 1899, Pt. VI, p 5.
This Act has been partially extended to Berar Laws Act, 1941 (4 of 1941) and has been declared to be in force in the SonthalParganas by the SonthalParganas
Settlement Regulation (3 of 1872), s. 3, as amended by Reg. 3 of 1899, s. 3; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch;
and in PanthPiploda by the PanthPiploda Laws Regulation, 1929 (1 of 1929), s. 2.
Under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874) the Act has been declared to be in force in the Scheduled Dis tricts of Ganjam,
Vizagapatam and East Godavary, _see Notification No. 121, dated 25th April, 1927, Fort St. George Gazette, 1927, Pt. I, p. 684. It has also been_
extended under ss. 5 and 5A of the same Act, with certain modifications to the districts of the Khasi and Jaintia Hills, the Garo Hills, the Lushai
Hills and the Naga Hills and the North Kachar sub-division of the Kachar district, the Mikir Hill Tracts in the Sibsagar and Nowgong districts and
the Lakhimpur Frontier Tract, see Notification No. 1541.- F(a), dated 10th April; 1930. Assam Gazette 1930.Pt. ii, p. 700.
Extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1: to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and to Laccadive, Minicoy and
Amindivi Islands by Reg. 8 of 1965, s. 3 and Schedule.
2. Subs. by Act 43 of 1955, s. 3, for sub-section (2) (w.e.f. 1-4-1956).
3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
4. Subs. by the A.O. (No. 2) 1956, for “Part B States”.
5. Subs. by Act 7 of 2019, s. 12, for clause (1) (w.e.f. 1-7-2020).[Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
-----
(c) a letter of credit, that is to say, any instrument by which one person authorises another to
give credit to the person in whose favour it is drawn;
(4) Bill of lading.— “bill of lading” includes a “through bill of lading”, but does not include a
mate's receipt:
(5) Bond. — “bond” includes—
(a) any instrument whereby a person obliges himself to pay money to another, on condition that
the obligation shall be void if a specified act is performed, or is not performed, as the case may be;
(b) any instrument attested by a witness and not payable to order or bearer, whereby a person
obliges himself to pay money to another; and
(c) any instrument so attested, whereby a person obliges himself to deliver grain or other
agricultural produce to another;
1[but does not include a debenture;]
(6) Chargeable.—“chargeable” means, as applied to an instrument executed or first executed after
the commencement of this Act, chargeable under this Act, and, as applied to any other instrument,
chargeable under the law in force in [2][India] when such instrument was executed or, where several
persons executed the instrument at different times, first executed;
(7) Cheque.—“cheque” means a bill of exchange drawn on a specified banker and not expressed to
be payable otherwise than on demand;
3[(7A) “clearance list” means a list of transactions of sale and purchase relating to contracts traded
on the stock exchanges submitted to a clearing corporation in accordance with the law for the time
being in force in this behalf;
(7B) “clearing corporation” means an entity established to undertake the activity of clearing and
settlement of transactions in securities or other instruments and includes a clearing house of a
recognised stock exchange;]
4* - - - -
(9) Collector.—“Collector” —
(a) means, within the limits of the towns of Calcutta, Madras and Bombay, the Collector of
Calcutta, Madras and Bombay, respectively, and, without those limits, the Collector of a district;
and
(b) includes a Deputy Commissioner and any officer whom [5][the [6][State Government]] may, by
notification in the Official Gazette, appoint in this behalf;
(10) Conveyance. — “conveyance” includes a conveyance on sale and every instrument by which
property, whether moveable or immovable, is transferred _inter vivos_ and which is not otherwise
specifically provided for by schedule I;
1. Added by Act 7 of 2019, s. 12 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
3. Ins. by Act 7 of 2019, s. 12 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
4. Clause (8) omitted by the A.O. 1937.
5. Subs. by the A.O. 1937, for “the L.G.”.
6. Subs. by the A.O. 1950, for “collecting Government”.
-----
1[(10A) debenturte.––“debenture” includes––
(i) debenture stock, bonds or any other instrument of a company evidencing a debt, whether
constituting a charge on the assets of the company or not;
(ii) bonds in the nature of debenture issued by any incorporated company or body corporate;
(iii) certificate of deposit, commercial usance bill, commercial paper and such other debt
instrument of original or initial maturity upto one year as the Reserve Bank of India may specify
from time to time;
(iv) securitised debt instruments; and
(v) any other debt instruments specified by the Securities and Exchange Board of India from
time to time;
(10B) “depository” includes––
(a) a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories
Act, 1996 (22 of 1996); and
(b) any other entity declared by the Central Government, by notification in the Official
Gazette, to be a depository for the purposes of this Act;]
(11) **Duly stamped. —“duly stamped”, as applied to an instrument, means that the instrument**
bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been
affixed or used in accordance with the law for the time being in force in [2][India]:
(12) Executed and execution. — “executed” and “execution” used with reference to instruments,
mean “signed” and “signature” [1][and includes attribution of electronic record within the meaning of
section 11 of the Information Technology Act, 2000 (21 of 2000);]
3* - - -
(13) Impressed stamp. — “impressed stamp” includes—
(a) labels affixed and impressed by the proper officer; and
(b) stamps embossed or engraved on stamped paper;
4[(13A) India. — “India” means the territory of India excluding the State of Jammu and Kashmir;]
5[(14) “instrument” includes—
(a) every document, by which any right or liability is, or purports to be, created, transferred,
limited, extended, extinguished or recorded;
(b) a document, electronic or otherwise, created for a transaction in a stock exchange or
depository by which any right or liability is, or purports to be, created, transferred, limited,
extended, extinguished or recorded; and
(c) any other document mentioned in Schedule I,
but does not include such instruments as may be specified by the Government, by notification in the
Official Gazette.]
(15) **Instrument of partition.— “instrument of partition” means any instrument where by**
co-owners of any property divide or agree to divide such property in severalty, and includes also a
1. Ins. by Act 7 of 2019, s. 12 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
3. Clause (12A) omitted by the A.O. 1950. Earlier ins. by the A.O. 1937.
4. Ins. by Act 43 of 1955, s. 4 (w.e.f. 1-4-1956).
5. Subs. by Act 7 of 2019, s. 12, for clause (14) (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
-----
final order for effecting a partition passed by any Revenue-authority or any Civil Court and an award
by an arbitrator directing a partition;
1[(15A) Issue. ––“issue” means any person making an issue of securities;]
(16) Lease. — “lease” means a lease of immovable property, and includes also—
(a) a patta;
(b) a kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate,
occupy, or pay or deliver rent for, immovable property;
(c) any instrument by which tolls of any description are let;
(d) any writing on an application for a lease intended to signify that the application is granted;
2[(16A) Marketable security.— “marketable security” means a security capable of being traded in
any stock exchange in India;
(16B) Market value.—“market value”, in relation to an instrument through which—
(a) any security is traded in a stock exchange, means the price at which it is so traded;
(b) any security which is transferred through a depository but not traded in the stock exchange,
means the price or the consideration mentioned in such instrument;
(c) any security is dealt otherwise than in the stock exchange or depository, means the price or
consideration mentioned in such instrument;]
(17) **Mortgage-deed.— “mortgage-deed” includes every instrument whereby, for the purpose of**
securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the
performance of an engagement, one person transfers, or creates, to, or in favour of, another, a right
over or in respect of specified property;
(18) **Paper.—“paper” includes vellum, parchment or any other material on which an instrument**
may be written;
(19) Policy of insurance.—“policy of insurance” includes—
(a) any instrument by which one person, in consideration of a premium, engages to indemnify
another against loss, damage or liability arising from an unknown or contingent event;
(b) a life-policy, and any policy insuring any person against accident or sickness, and any other
personal insurance; [3]***
4* - - -
5[(19A) Policy of group insurance.—“policy of group insurance” means any instrument covering
not less than fifty or such smaller number as the Central Government may approve, either generally or
with reference to any particular case, by which an insurer, in consideration of a premium paid by an
employer or by an employer and his employees jointly, engages to cover, with or without medical
examination and for the sole benefit of persons other than the employer, the lives of all the employees
or of any class of them, determined by conditions pertaining to the employment, for amounts of
insurance based upon a plan which precludes individual selection:]
(20) Policy of sea-insurance or sea-policy.—“Policy of sea-insurance” or “sea-policy”—
(a) means any insurance made upon any ship or vessel (whether for marine or inland
navigation), or upon the machinery, tackle or furniture of any ship or vessel, or upon any goods,
merchandise or property of any description whatever on board of any ship or vessel, or upon the
1. Ins. by Act 7 of 2019, s. 12 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. Subs. by s. 12, ibid., for clause (16A) (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
3. The word “and” omitted by Act 5 of 1906, s. 2.
4. Clause (c) omitted by s. 2, ibid.
5. Ins. by Act 43 of 1955, s. 4 (w.e.f. 1-4-1956).
-----
freight of, or any other interest which may be lawfully insured in, or relating to, any ship or vessel;
and
(b) includes any insurance of goods, merchandise or property for any transit which includes, not
only a sea risk within the meaning of clause (a), but also any other risk incidental to the transit
insured from the commencement of the transit to the ultimate destination covered by the insurance:
Where any person, in consideration of any sum of money paid or to be paid for additional
freight or otherwise, agrees to take upon himself any risk attending goods, merchandise or property
of any description whatever while on board of any ship or vessel, or engages to indemnify the
owner of any such goods, merchandise or property from any risk, loss or damage, such agreement
or engagement shall be deemed to be a contract for sea-insurance;
(21) Power-of-attorney.—“power-of-attorney” includes any instrument (not chargeable with a fee
under the law relating to Court-fees for the time being in force) empowering a specified person to act
for and in the name of the person executing it;
(22) Promissory note.—“promissory note” means a promissory note as defined by the Negotiable
Instruments Act, 1881 (XXVI of 1881);
It also includes a note promising the payment of any sum of money out of any particular fund
which may or may not be available, or upon any condition or contingency which may or may not be
performed or happen;
(23) Receipt.—“receipt” includes any note, memorandum or writing—
(a) where by any money, or any bill of exchange, cheque or promissory note is acknowledged to
have been received, or
(b) where by any other moveable property is acknowledged to have been received in satisfaction
of a debt, or
(c) where by any debt or demand, or any part of a debt or demand, is acknowledged to have
been satisfied or discharged, or
(d) which signifies or imports any such acknowledgment,
and whether the same is or is not signed with the name of any person; [1]***
2[(23A) Securities.—“securities” includes—
(i) securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act,
1956 (42 of 1956);
(ii) a “derivative” as defined in clause (a) of section 45U of the Reserve Bank of India Act, 1934
(2 of 1934);
(iii) a certificate of deposit, commercial usance bill, commercial paper, repo on corporate bonds
and such other debt instrument of original or initial maturity upto one year as the Reserve Bank of
India ma specify from time to time; and
(iv) any other instrument declared by the Central Government, by notification in the Official
Gazette, to be securities for the purposes of this Act.]
(24) **Settlement.—“settlement” means any non-testamentary disposition, in writing, of moveable**
or immovable property made—
(a) in consideration of marriage,
1. The word “and” omitted by Act 18 of 1928, s. 2 and the First Schedule.
2. Ins. by Act 7 of 2019, s. 12 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
-----
(b) for the purpose of distributing property of the settler among his family or those for whom he
desires to provide, or for the purpose of providing for some person dependent on him, or
(c) for any religious or charitable purpose;
and includes an agreement in writing to make such a disposition [1][and, where any such disposition has
not been made in writing, any instrument recording, whether by way of declaration of trust or otherwise,
the terms of any such disposition]; [2]***
3[(25) Soldier. —“soldier” includes any person below the rank of non-commissioned officer who is
enrolled under the [4]Indian Army Act, 1911(8 of 1911).]
5[(26) **Stamp. — “stamp” means any mark, seal or endorsement by any agency or person duly**
authorised by the State Government, and includes an adhesive or impressed stamp, for the purposes of
duty chargeable under this Act.]
6[(27) Stock exchange.—“stock exchange” includes—
(i) a recognised stock exchange as defined in clause (f) of section 2 of the Securities Contracts
(Regulation) Act, 1956 (42 of 1956); and
(ii) such other platform for trading or reporting a deal in securities, as may be specified by the
Central Government, by notification in the Official Gazette, for the purposes of this Act.]
**STATE AMENDMENT**
**Assam**
**Amendment of section 2 of Act II of 1892.—In section 2 of the principal Act, after clause (7), the**
following shall be inserted, namely:
“(8) “Chief Controlling Revenue Authority” means the Superintendent of Stamps, Assam.”
[Vide Assam Act 10 of 1968, s. 2]
**Himachal Pradesh**
**Amendment of section 2.— In clause (10) of section 2 of the Indian Stamp Act, 1899, hereinafter**
referred to as the said Act, for the colon shall be substituted a comma, followed by the words “or by
Schedule I-A as the case may be.
[Vide Himachal Pradesh Act 4 of 1953, s. 2]
**Uttarakhand**
**Amendment of section 2.—Indian Stamp (Uttarakhand Amendment) Bill, 2011 (as passed by the**
Uttarakhand Legislative Assembly on dated 16 March, 2011) clause 9 shall be substituted as follows;
namely:
“Voting or attempting to cote under any proxy not duly stamped shall for every such offence, be
punishable with fine which may extend to ₹ five thousand.”
[Vide Uttarakhand Act 20 of 2013, s. 2]
**Amendment of section 2.—In section 2 of the Indian Stamp Act, 1899 (hereinafter referred to as the**
principal Act),:
(a) For clause (14), the following clause shall be substituted; namely:
(14) “Instrument” instrument includes every document and record created or maintained in
or by an electronic storage and retrieval device or media by which any right or liability is, or
purports to be, created, transferred, limited, extended, extinguished or recorded;
(b) After clause (14), the following clause shall be inserted, namely:-
1. Ins. by Act 15 of 1904, s. 2.
2. The word “and”, omitted by the A.O. 1950. Earlier ins. by Act 18 of 1928, s. 2 and the First Schedule.
3. Added by Act 18 of 1928, s. 2 and the First Schedule.,
4. See Now the Army Act 1950 (46 of 1950).
5. Ins. by Act 23 of 2004, s. 117.
6. Ins. by Act 7 of 2019, s. 12 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
-----
(14-A) “Instrument of Gift” Instrument of gift includes an instrument whether by way of
declaration or otherwise, for making or accepting an oral gift;
(c) After clause (22), the following clause shall be inserted namely:
(22-A) "Public Officer" Public Officer means a Public Officer as defined in clause (17) of
section 2 of the Code of Civil Procedure, 1908 and includes every officer working in
connection with the affairs of any of the following of the organizations, namely:
(a) Any statutory body or authority Constituted under any Uttarakhand State Act;
(b) A "Financing Bank" or "Central Bank" as defined in clause (L) of section 2 of the
Uttarakhand Cooperative Societies Act, 2003.
[Vide Uttarakhand Act 1 of 2016, s. 2]
**Uttar Pradesh**
**Amendment of Section 2 of Act no. 2 of 1899.—In section 2 of the Indian Stamp Act, 1899,**
hereinafter referred to as the principal Act, in clause (16), after sub-clause (d), the following clause shall
be inserted, namely :—
"(e) any instrument by which mining lease is granted in respect of minor minerals as defined in
clause (e) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957."
[Vide Uttar Pradesh Act 11 of 1992, s. 2]
**Amendment of section 2 of Act II of 1899.—In section 2 of the Indian Stamp Act, 1899 as amended**
in its application to Uttar Pradesh, hereinafter in this Chapter referred to as the principal Act, in clause
(10), the following Explanation shall be inserted in the end, namely :—
“Explanation— An instrument whereby a co-owner of a property having defined share therein,
transfers such share or part thereof to another co-owner of the property, is for the purposes of this clause
an instrument by which property is transferred.”
[Vide Uttar Pradesh Act 19 of 1981, s. 2]
**Amendment of section 2 of Act II of 1899.— In section 2 of the Indian Stamp Act, 1899, hereinafter**
referred to as the principal Act, for clause (15), the following clause shall be substituted, namely :—
“(15) “instrument of partition” means any instrument whereby co-owners of any property divide
or agree to divide such property in severalty, and also includes —
(i) a final order for effecting a partition passed by any revenue authority or any civil court ;
(ii) an award by an arbitrator directing a partition ; and
(iii) when any partition is effected without executing any such instrument, any instrument of
instruments signed by the co-owners and recording, whether by way of declaration of such
partition or otherwise, the terms of such partition amongst the co-owners ;”
[Vide Uttar Pradesh Act 20 of 1974, s. 2]
**Amendment of section 2 of Act no. 2 of 1899.— In section 2 of the Indian Stamp Act, 1899,**
hereinafter referred to as the Amendment of principal Act, —
(a) for sub-section (14), the following sub-section shall be substituted, namely
“(14) Instrument— “Instrument includes every document and record created or maintained in
or by an electronic storage and retrieval device or media by which any right or liability is, or
purports to be, created, transferred, limited, extended, extinguished or recorded;"
(b) after sub-section (14), the following sub-section shall be inserted, namely:—
"(14-A) 'Instrument of Gift'— '1nstrument of Gift' includes an instrument whether by way of
declaration or otherwise, for making or accepting an oral gift;"
(c) after sub-section (22), the following sub-section shall be inserted, namely :—
-----
"(22-A) 'Public Officer'— Public Officer' means a Public Officer as defined in clause (17) of
section 2 of the Code of Civil procedure, 1908 and includes every officer working in connection
with the affairs of any of the following of organizations, namely :—
(a) any statutory body or authority constituted under any Uttar Pradesh Act;
(b) a 'Financing Bank or 'Central Bank' as defined in clause (k) of section 2 of the Uttar
Pradesh Co-operative Societies Act, 1965 ; "
[Vide Uttar Pradesh Act 38 of 2001, s. 2]
**Amendment of section 2 of Act II of 1899.— In section 2 of the Indian Stamp Act, 1899, as**
amended in its application to Uttar Pradesh (hereinafter referred to as the principal Act), after clause (26A), the following clause shall be inserted, namely:—
"27. 'quarter' means a quarter of the financial year."
[Vide Uttar Pradesh Act 49 of 1975, s. 2]
CHAPTER II
STAMP DUTIES
A.—Of the liability of instruments to Duty
**3. Instruments chargeable with duty.—Subject to the provisions of this Act and the exemptions**
contained in Schedule I, the following instruments shall be chargeable with duty of the amount indicated
in that Schedule as the proper duty therefore respectively, that is to say—
(a) every instrument mentioned in that Schedule which, not having been previously executed by
any person, is executed in [1][India] on or after the first day of July, 1899;
(b) every bill of exchange [2][payable otherwise than on demand] [3]*** or promissory note drawn or
made out of [7][India] on or after that day and accepted or paid, or presented for acceptance or
payment, or endorsed, transferred or otherwise negotiated, in [7][India]; and
(c) every instrument (other than a bill of exchange, [4]*** or promissory note) mentioned in that
Schedule, which, not having been previously executed by any person, is executed out of [5][India] on or
after that day, relates to any property situate, or to any matter or thing done or to be done, in [2][India]
and is received in [2][India]:
Provided that no duty shall be chargeable in respect of—
(1) any instrument executed by, or on behalf of, or in favour of, the Government incases where, but
for this exemption, the Government would be liable to pay the duty chargeable in respect of such
instrument;
(2) any instrument for the sale, transfer or other disposition, either absolutely or byway of mortgage or
otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel
registered under the Merchant Shipping Act 1894, Act No. 57 & 58 Vict. c. 60 or under Act XIX of 1838
Act No. or the Indian Registration of Ships Act, 1841, (CX of 1841) as amended by subsequent Acts.
**STATE AMENDMENT**
**Himachal Pradesh**
**Amendment of section 3.—** In section 3 of the said Act- (1) After clause (c), the following proviso
shall be inserted, namely: — “Provided that, notwithstanding anything contained in clauses (a), (b) or (c)
of this section or in Schedule I, and subject to the exemptions contained in Schedule I-A, the following
1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
2. Ins. by Act 5 of 1927, s. 5.
3. The word “cheque” omitted by Act 5 of 1927, s. 5.
4. The word “cheque” omitted by Act 5 of 1927, s. 5.
5. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
-----
instruments shall be chargeable with duty of the amount indicated in Schedule I-A, as the proper duty
therefor, respectively, that is to say:
(aa) every instrument mentioned in Schedule I-A as chargeable with duty under that Schedule
which, not having been previously executed by any person is executed in the Himachal Pradesh on or
after the date of commencement of this Act;
(bb) every instrument mentioned in Schedule I-A as chargeable with duty under that Schedule,
which, not having been previously executed by any person, is executed out of Himachal Pradesh, on or
after the date of commencement of this Act and relates to any property situated, or to any matter or
thing done or to be done in the Himachal Pradesh, and is received in the Himachal Pradesh”.
(2) Between the word “Provided” and the words “that no duty” the word “also” shall be inserted.
[Vide Himachal Pradesh Act 4 of 1953, s. 3]
**Odisha**
**Insertion of new section 3A.—After section 3 of the Indian Stamp Act, 1899, (2 of 1899) the**
following section shall be inserted, namely:—
**“3.A Duty chargeable on mining lease. —** (1) Notwithstanding anything contained in this Act and
the rules made thereunder, on every instrument of grant or renewal of a mining lease, the stamp duty
chargeable shall be equivalent to fifteen percentum of the amount of average royalty that would accrue
out of the highest annual extraction of minerals permitted under the approved mining plan or mining
scheme, as the case may be, for such mining lease under the relevant law in force, multiplied by the
period of such mining lease.
_Explanation.—For the purpose of this sub-section, the average royalty of the highest grade of minerals_
based on the date available for past twelve months beginning from the date of commencement of the
Indian Stamp (Odisha Amendment) Act, 2013 shall be taken into consideration:
Provided that where an application for renewal of mining lease has been made to the State
Government prior to the expiry of the lease, but renewal of lease has not been granted by the State
Government or the mining lease is deemed to have been extended by a further period in accordance with
the provisions contained in the relevant law in force, till the State Government passes an order, prior to
the commencement of the Indian Stamp (Odisha Amendment) Act, 2013, the sum total of the quantity of
mineral permitted for extraction, year wise, in the approved mining plan or mining scheme, as the
case, may be, or the actual quantity raised, whichever is higher, shall be taken into consideration for
calculation of the stamp duty:
Provided further that in case the production level is enhanced on account of subsequent modification
or review of the mining plan, the stamp lease period and the lessee shall deposit the differential stamp
duty before such enhancement is carried out by him:
Provided also that in case a lessee is required to surrender the mining lease or, permanently prohibited
from undertaking the extraction of mineral by, or for reasons of any operation of law, court orders passed
or any order issued under any law for the time being in force and the reasons of such prohibition are not
in any manner attributable to such lessee or his agents, servants, employees or persons claiming through
or under such lessee, the lessee shall be entitled for refund of the stamp duty paid by him to the extent of
such balance period of lease outstanding:
Provided also that where the lessee is prohibited from undertaking the extraction of minerals for a
temporary period for the reasons mentioned in the third proviso and subject to the conditions specified
-----
therein, the stamp duty chargeable shall be equivalent to the amount of the sum total of the dead rent that
would be payable for the mining lease under the relevant law in force, for the period of such prohibition.
(2) Where an application for renewal of a mining lease has been made to the State Government prior
to the expiry of the lease but renewal of the lease has not been granted by the State Government or the
mining lease is deemed to have been extended as per the provisions contained in the relevant law in force,
by a further period till the State Government passes an order thereon, the stamp duty payable under
sub-section (1) shall be paid by the applicant on or before the date of expiry of the lease or within sixty
days from the date of commencement of the Indian Stamp (Odisha Amendment ) Act, 2013, whichever is
later, the manner as may be prescribed.
(3) If the application for grant or renewal of mining lease is rejected by the State Government, the
applicant shall be entitled for refund of full stamp duty by him without any interest.
(4) In case of a mining lease whose period is deemed to have been extended by a further period till the
State Government passes an order thereon and the State Government, at a later date, passes an order
rejecting the renewal of the lease, the applicant shall be entitled for refund of such amount of stamp duty
paid under sub-section (1), as arrived at by deducting from the total amount of stamp duty paid, the
amount of stamp duty chargeable in respect of such mining lease till the date of such rejection order
without any interest.
(5) No refund as mentioned in sub-sections (3) and (4) shall be made if the order rejecting the
application is challenged or the time limit for presenting the application for revision of the order of
rejection is not expired”.
[Vide Odisha Act 16 of 2013, s. 2]
**Meghalaya**
**Insertion of a new section in Central Act II of 1899.—After section 3 of the Indian Stamp Act,**
1899, the following shall be inserted as section 3A, namely:-
**“3A. Surcharge on Stamp Duty.—(1) There shall be charged, levied and paid to the**
Government of Meghalaya, besides payable under any law for the time being in force including
section 3 of this Act, a surcharge, herein after referred to as Stamp Surcharge on the instruments
mention on the following items of Schedule I of the principal Act, namely:-
Item Nos. 1-10, 12,15-20, 22-26, 28, 29,31,38-46,48,50, 51, 54-61 and 63-65.
Provided that the surcharge shall not be payable in respect of instruments exempted by section 3.
(2) The rate of Stamp Surcharge shall be twenty, Five paisa per instrument.
(3) The Stamp Surcharge shall be payable as if it were a duty under section 3 and the provisions
of this Act including the rules thereunder shall according apply; and the authorities for the time
being empowered to collect and enforce payment of stamp duty shall, unless otherwise provided for
by or under the Act, within their respective jurisdiction for purpose of stamp duty accordingly
collect and enforce payment of stamp Surcharge.
Provide that the Government of Meghalaya may, for facilitating implementation, by
notification, direct that in any case or class the provisions of this act including the rules thereunder
shall apply subject to such indications not inconsistent with the provisions of this section and as
may be specified in such notification.
(4) Notwithstanding anything contained in sub-section (3), the Government of Meghalaya may
make rule generally for securing the payment of the Stamp Surcharge and carrying into effect the
-----
provisions the sub-sections (1) and (2) and in particular for ensuring the proper maintenance and
rendering or accounts of the Stamp Surcharge.”
[Vide Meghalaya Act 13 of 1972, s. 2]
**Meghalaya**
**Insertion of a new section in Central Act II of 1899.—After section 3 of the Indian Stamp Act, 1899**
the following shall be inserted as section 3A, namely:-
## “3A. Surcharge on Stamp Duty.—(1) There shall be charged, levied and paid to the Government of
Meghalaya, besides payable under any law for the time being in force including section 3 of this Act,
a surcharge, hereinafter referred to as Stamp Surcharge on the instruments mentioned in the following
items of Schedule I to the principal Act, namely:
Item Nos. 1-10, 12, 15-20, 22-26, 28, 29, 31, 36, 38-46, 48, 50, 51, 54-61 and 63-65.
Provided that the surcharge shall not be payable in respect of instruments exempted by section 3.
(2) The rate of Stamp Surcharge shall be twenty. Five paise per instrument.
(3) The Stamp Surcharge shall by payable as if it were a duty under section 3 and the provisions
of this Act including the rules thereunder shall according apply; and the authorities for the time being
empowered to collect and enforce payment of stamp duty shall, unless otherwise provided for by or
under the Act, within their respective jurisdiction for purpose of stamp duty accordingly collect and
enforce payment of Stamp Surcharge.
Provided that the Government of Meghalaya may, for facilitating implementation, by notification,
direct that in any case or class the provisions of this Act including the rules thereunder shall apply
subject to such indications not inconsistent with the provisions of this section and as may be specified
in such notification.
(4) Notwithstanding anything contained in sub-section (3), the Government of Meghalaya may
make rules generally for securing the payment of the Stamp Surcharge and carrying into effect the
provisions the sub-sections (1) and (2) and in particular for ensuring the proper maintenance and
rendering or accounts of the Stamp Surcharge.”
[Vide Meghalaya Act 15 of 1973, s. 2]
**Haryana**
**Omission of section 3B of Central Act 2 of 1899.—Section 3B of the Indian Stamp Act, 1899**
(hereinafter referred to as the principal Act), shall be omitted and shall be deemed to have been omitted
with effect from the 1st day of April, 1973.
[Vide Haryana Act 37 of 1973, s. 2]
**3A.** [Instruments chargeable with additional duty.] Omitted by the Refugee Relief Taxes (Abolition)
_Act, 1973 (13 of 1973), s. 2 (w.e.f. 1-4-1973)._
**Tripura**
**Substitution of section 3B.— For section 3B of the principal Act, as inserted by the Union**
Territories Taxation Laws (Amendment) Act, 1971, the following shall be substituted, namely: —
**_“3B. Instrument Chargeable with additional duty.—(1) Every instrument chargeable with duty_**
under section 3, read with Schedule 1, not being an instrument mentioned articles Nos. 13, 14, 27, 37, 47,
49, 52, 53 or 62(a), shall, in addition to such duty, be chargeable with a duty of ten paise.
(2) The additional duty with which any instrument is chargeable under sub-section (1) shall be paid
and such payment shall be indicated on such instrument by means of adhesive stamp.”.
[Vide Tripura Act 5 of 1973, s. 3]
**4. Several instruments used in single transaction of sale, mortgage or settlement.—(1) Where, in**
the case of any sale, mortgage or settlement, several instruments are employed for completing the
transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I, for
-----
the conveyance, mortgage or settlement, and each of the other instruments shall be chargeable with a duty
of one rupee instead of the duty (if any) prescribed for it in that Schedule.
(2) The parties may determine for themselves which of the instrument so employed shall, for the
purposes of sub-section (1), be deemed to be the principal instrument:
Provided that the duty chargeable on the instrument so determined shall be the highest duty which
would be chargeable in respect of any of the said instruments employed.
1[(3) Notwithstanding anything contained in sub-sections (1) and (2), in the case of any issue, sale or
transfer of securities, the instrument on which stamp-duty is chargeable under section 9A shall be the
principal instrument for the purpose of this section and no stamp-duty shall be charged on any other
instruments relating to any such transaction.]
**STATE AMENDMENT**
**Himachal Pradesh**
**Amendment of section 4.- In sub-section (1) of section 4 of the said Act-**
(a) for the word and figure “Schedule I” the word, figure and letter “Schedule I-A” shall be
substituted, and
(b) for the words “one rupee”, the words “two rupees” shall be substituted.
[Vide Himachal Pradesh Act 4 of 1953, s. 4]
**Orissa**
**Amendment of section 4. -in section 4 of the Indian Act, 1899 (2 of 1899) (hereinafter referred to as**
the principal Act) in sub-section (1), for the words, “one rupee and eight annas” the words “ten rupees”
shall be substituted.
[Vide Orissa Act 1 of 2003, s. 2]
**Manipur**
**Amendment of sections 4 and 6.-In sub-section (1) of section 4 and in the proviso to section 6 of the**
Indian Stamp Act, 1899 s application to the State of Manipur hereinafter referred to as the Principal Act
the words “two rupees” wherever they occur, the words “two rupees and paise fifty” shall be substituted.
[Vide Manipur Act 4 of 1989, s. 2]
**Uttar Pradesh**
**Amendment of section 4.—In section 4 of the principal Act, for the existing sub-section (1), the**
following sub-section shall be substituted, namely :—
“(1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for
completing the transaction, the principal instrument only shall be chargeable with the duty prescribed
in Schedule 1-B for the conveyance, mortgage or settlement, and each of the other instruments shall
be chargeable with a duty of five rupees instead of the duty (if any) prescribed for it in that
Schedule.”
[Vide Uttar Pradesh Act 20 of 1974, s. 3]
**5. Instruments relating to several distinct matters.—Any instrument comprising or relating to**
several distinct matters shall be chargeable with the aggregate amount of the duties with which separate
instruments, each comprising or relating to one of such matters, would be chargeable under this Act.
**6. Instruments coming within several descriptions in Schedule I.—Subject to the provisions of the**
last preceding section, an instrument so framed as to come within two or more of the descriptions in
Schedule I, shall, where the duties chargeable thereunder are different, be chargeable only with the
highest of such duties:
1. Ins. by Act 7 of 2019, s. 13 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
-----
Provided that nothing in this Act contained shall render chargeable with duty exceeding one rupee a
counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty
has been paid.
**STATE AMENDMENT**
**Himachal Pradesh**
**Amendment of section 6.— In section 6 of the said Act- (1) After the word and figure “Schedule I”**
the words, figure and letter “or Schedule I-A” shall be inserted.
(2) In the proviso, for the words “one rupee” the words “two rupees” shall be substituted and after the
words “has been paid” the following shall be added, namely;
“unless it falls within the provisions of section 6-A”.
[Vide Himachal Pradesh Act 4 of 1953, s. 5]
**Orissa**
**Amendment of section 6.—In the proviso the section 6 of the principal Act, for the words “one rupees**
and eight annas”, the words “ten rupees” shall be substituted.
[Vide Orissa Act 1 of 2003, s. 3]
**Himachal Pradesh**
**Addition of a new section 6-A.—After section 6 of the said Act, the following new section shall be**
inserted: —
**_6-A. Payment of Himachal Pradesh stamp duty on copies, counter-parts or duplicates when that_**
**_duty has not been paid on the principal or original instrument.- (1) Notwithstanding anything contained_**
in sections 4 or 6 or in any other law, unless it is proved that the duty chargeable under the Indian Stamp
(Himachal Pradesh Amendment) Act, 1952 has been paid:
(a) on the principal or original instrument as the case may be; or
(b) in accordance with the provisions of this section, the duty chargeable on an instrument of sale,
mortgage or settlement other than a principal instrument or on a counterpart, duplicate or copy of any
instrument shall, if the principal or original instrument would, when received in Himachal Pradesh, have
been chargeable, under the Indian Stamp (Himachal Pradesh Amendment) Act, 1952, with a higher rate
of duty with which the principal or original instrument would have been chargeable under section 19-A.
(2) Notwithstanding anything contained in section 35 or in any other law, no instrument, counterpart,
duplicate or copy chargeable with duty under this section shall be received in evidence as properly
stamped unless the duty chargeable under this section has been paid thereon:
Provided that a court before which any such instrument, counterpart, duplicate or copy is produced,
shall permit the duty chargeable under this section, to be paid thereon and shall then receive it in
evidence.
[Vide Himachal Pradesh Act 4 of 1953, s. 6]
**Uttar Pradesh**
**Amendment of section 6-A.—** In section 6-A of the principal Act, after sub-section (1), the following
sub-section shall be inserted, namely :—
“ Where, any instrument is registered in any part of India other than Uttar Pradesh and instrument
relates, wholly or partly to any property situate in Uttar Pradesh, the copy of such instrument shall,
when received in Uttar Pradesh, be liable to be charged with the difference of stamp duty as or
original under section 19-A to the extent of and in proportion to the consideration or value of property
situated in Uttar Pradesh, and the party liable to pay stamp duty on the original instrument shall upon
receipt of notice from registering officer pay the difference in the duty within the time allowed.”
[Vide Uttar Pradesh Act 49 of 1975, s. 3]
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**7. Policies of sea-insurance.—[1] *** - - -
(4) Where any sea-insurance is made for or upon a voyage and also for time, or to extend to or cover
any time beyond thirty days after the ship shall have arrived at her destination and been there moored at
anchor, the policy shall be charged with duty as a policy for or upon a voyage, and also with duty as a
policy for time.
**8. Bonds, debentures or other securities issued on loans under Act XI of 1879.—(1)**
Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the Local
Authorities Loan Act, 1879 (XI of 1879) or, of any other law for the time being in force, by the issue of
bonds, debentures or other securities, shall, in respect of such loan, be chargeable with a duty of [2][one per
centum] on the total amount of the bonds, debentures or other securities issued by it, and such bonds,
debentures or other securities need not be stamped and shall not be chargeable with any further duty on
renewal, consolidation, sub-division or otherwise.
(2) The provisions of sub-section (1) exempting certain bonds, debentures or other securities from
being stamped and from being chargeable with certain further duty shall apply to the bonds, debentures or
other securities of all outstanding loans of the kind mentioned therein, and all such bonds, debentures or
other securities shall be valid, whether the same are stamped or not:
Provided that nothing herein contained shall exempt the local authority which has issued such bonds,
debentures or other securities from the duty chargeable in respect thereof prior to the twenty-sixth day of
March, 1897, when such duty has not already been paid or remitted by order issued by the Central
Government.
(3) In the case of wilful neglect to pay the duty required by this section, the local authority shall be
liable to forfeit to the Government a sum equal to ten per centum upon the amount of duty payable, and a
like penalty for every month after the first month during which the neglect continues.
3 [8A. Securities dealt in depository not liable to stamp duty.—Notwithstanding anything
contained in this Act or any other law for the time being in force,—
(a) an issuer, by the issue of securities to one or more depositories, shall, in respect of such issue,
be chargeable with duty on the total amount of securities issued by it and such securities need not be
stamped;
(b) the transfer of registered ownership of securities from a person to a depository or from a
depository to a beneficial owner shall not be liable to duty;
_Explanation.—For the purposes of this section, the expression “beneficial ownership” shall have the_
same meaning as assigned to it in clause (a) of sub-section (1) of section 2 of the Depositories Act, 1996
(22 of 1996)]
4 **[8B. Corporatisation and demutualisation schemes and related instruments not liable to**
**duty.—Notwithstanding anything contained in this Act or any other law for the time being in force,—**
(a) a scheme for corporatisation or demutualisation, or both of a recognised stock exchange; or
(b) any instrument, including an instrument of, or relating to, transfer of any property, business,
asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in
connection with, the corporatisation or demutualisation, or both of a recognised stock exchange
pursuant to a scheme,
as approved by the Securities and Exchange Board of India under sub-section (2) of section 4B of the
Securities Contracts (Regulation) Act, 1956(42 of 1956), shall not be liable to duty under this Act or any
other law for the time being in force.
_Explanation. —For the purposes of this section,—_
(a) the expressions “corporatisation”, “demutualisation” and “scheme” shall have the meanings
respectively assigned to them in clauses (aa), (ab) and (ga) of section 2 of the Securities Contracts
(Regulation) Act, 1956 (42 of 1956);
1. Sub-sections (1), (2) and (3) rep. by Act 11 of 1963, s. 92 (w.e.f. 1-8-1963).
2. Subs. by Act 6 of 1910, s. 2, for “eight annas per centum”.
4. Subs. by Act 7 of 2019, s. 14, for section 8A (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
5. Ins. by Act 18 of 2005, s.114 (w.e.f. 13-5-2005).
-----
(b) “Securities and Exchange Board of India” means the Securities and Exchange Board of India
established under section 3 of the Securities and Exchange Board of India Act, 1992(15 of 1992).]
1
[8C. Negotiable warehouse receipts not liable to stamp-duty.—Notwithstanding anything
contained in this Act, negotiable warehouse receipts shall not be liable to stamp duty.]
2 [8D. Agreement or document for assignment of receivables not liable to stamp-duty.—
Notwithstanding anything contained in this Act or any other law for the time being in force, any
agreement or other document for assignment of “receivables” as defined in clause (p) of section 2 of the
Factoring Regulation Act, 2011 in favour of any “factor” as defined in clause (i) of section 2 of the said
Act shall not be liable to duty under this Act or any other law for the time being in force.]
3[8E. Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of
**shareholding of a bank to a holding company of bank not liable to duty. — Notwithstanding anything**
contained in this Act or any other law for the time being in force, —
(a) conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of
shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines of the
Reserve Bank of India shall not be liable to duty under this Act or any other law for the time being in
force; or
(b) any instrument, including an instrument of, or relating to, transfer of any property, business,
asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in
connection with, the conversion of a branch of a bank into a wholly owned subsidiary of the bank or
transfer of shareholding of a bank to a holding company of the bank in terms of the scheme or
guidelines issued by the Reserve Bank of India in this behalf, shall not be liable to duty under this Act
or any other law for the time being in force.
_Explanation.—_
(i) For the purposes of this section, the expression “bank” means—
(a) “a banking company” as defined in clause (c) of section 5 of the Banking Regulation Act,
1949(10 of 1949);
(b) “a corresponding new bank” as defined in clause (da) of section 5 of the Banking
Regulation Act, 1949 (10 of 1949);
(c) “State Bank of India” constituted under section 3 of the State Bank of India Act, 1955
(23 of 1955);
(d) “a subsidiary bank” as defined in clause (k) of section 2 of the State Bank of India
(Subsidiary Banks) Act, 1959 (38 of 1959);
(e) “a Regional Rural Bank” established under section 3 of the Regional Rural Banks Act,
1976 (21 of 1976);
(f) “a Co-operative Bank” as defined in clause (cci) of section 5 of the Banking Regulation
Act, 1949 (10 of 1949);
(g) “a multi-State co-operative bank” as defined in clause (cciiia) of section 5 of the Banking
Regulation Act, 1949(10 of 1949);
(ii) For the purposes of this section, the expression the “Reserve Bank of India” means the
Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of
1934).]
1. Ins. by Act 37 of 2007, s. 55 (w.e.f. 25-10-2010).
2. Ins. by Act 12 of 2012, s. 35 and the Schedule (w.e.f. 1-2-2012).
3. Ins. by Act 4 of 2013, s. 17 and the Schedule (w.e.f. 17-1-2013).
-----
1[8F. Agreement or document for transfer or assignment of rights or interest in financial assets
**not liable to stamp-duty.—Notwithstanding anything contained in this Act or any other law for the time**
being in force, any agreement or other document for transfer or assignment of rights or interest in
[financial assets of banks or financial institutions under section5 of the Securitisation and Reconstruction](javascript:fnOpenLinkPopUp('846','26266');)
of Financial Assets and Enforcement of Security Interest Act, 2002, (54 of 2002) in favour of any asset
[reconstruction company, as defined in clause (ba) of sub-section (1) of section 2 of that Act, shall not be](javascript:fnOpenLinkPopUp('846','26262');)
liable to duty under this Act.]
2[8G. Strategic sale, disinvestment, etc., of immovable property by Government company not
**liable to stamp duty.—Notwithstanding anything contained in this Act or any other law for the time**
being in force, any instrument for conveyance or transfer of a business or asset or right in any immovable
property from a Government company, its subsidiary, unit or joint venture,
(i) by way of strategic sale or disinvestment or demerger or any other scheme of arrangements or
through any law, to another Government company or to the Central Government or any State
Government or to the development financial institution established by any law made by Parliament;
or
(ii) which is to be wound up, closed, struck-off, liquidated or otherwise shut down, to another
Government company or to the Central Government or any State Government,
after approval of the Central Government or the State Government, as the case may be, shall not be liable
to duty under this Act.
_Explanation.—For the purposes of this section, “Government company” shall have the same meaning_
as assigned to it in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).]
**9. Power to reduce, remit or compound duties. — [3][(1)] [4][The [5]*** Government] may, by rule or**
order published in the Official Gazette, —
(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of [6][the
territories under its administration], the duties with which any instruments or any particular class of
instruments, or any of the instruments belonging to such class, or any instruments when executed by
or in favour of any particular class of persons, or by or in favour of any members of such class, are
chargeable, and
(b) provide for the composition or consolidation of duties [7][of policies of insurance and] in the
case of issues by any incorporated company or other body corporate [8][or of transfers (where there is a
single transferee, whether incorporated or not)] of debentures, bonds or other marketable securities.
9[(2) In this section the expression “the Government” means, —
(a) in relation to stamp-duty in respect of bills of exchange, cheques, promissory notes, bills of lading,
letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts, and in relation to any
other stamp-duty chargeable under this Act and falling within entry 96 in List I in the [10][Seventh Schedule to
the Constitution, expect the subject matters referred to in clause (b) of sub-section (1)]; the Central
Government;
(b) Save as aforesaid, the State Government.]
1. Ins. by Act 44 of 2016, s. 43 and the First Schedule (w.e.f. 1-9-2016).
2. Ins. by Act 13 of 2021, s. 126 (w.e.f. 28-3-2021).
2. S. 9 re-numbered as sub-section (1) of that section by the A.O. 1950.
3. Subs. by the A.O. 1937, for “the G.G. in C”.
4. The word “collecting” omitted by the A.O. 1950.
5. Subs. by the A.O. 1937, for “British India”.
6. Ins. by Act 23 of 2004, s. 117.
7. Ins. by Act 32 of 1994, s. 99 (w.e.f. 13-9-1994).
8. Added by the A.O. 1950.
9. Subs by Act 21 of 2006 s. 69, for “Seventh Schedule to the Constitution” (w.e.f. 18-4-2006).
-----
**STATE AMENDMENT**
**Karnataka**
**Insertion of new section 9A.—The following section shall be inserted, namely:—**
**9A. Power of State Government to consolidate duties in respect of receipts.—Subject to such**
conditions as may be specified, the State Government may, by order, provide for the consolidation of
duties in respect of any receipts or class of receipts given by any person or class of persons including
any Government.
[Vide Karnataka Act 29 of 1978, s. 2]
1[AA.— _Of the liability of instruments of transaction in_
_stock exchanges and depositories to duty_
**9A. Instruments chargeable with duty for transactions in stock exchanges and**
**depositories.—(1) Notwithstanding anything contained in this Act,—**
(a) when the sale of any securities, whether delivery based or otherwise, is made through a stock
exchange, the stamp-duty on each such sale in the clearance list shall be collected on behalf of the
State Government by the stock exchange or a clearing corporation authorised by it, from its buyer on
the market value of such securities at the time of settlement of transactions in securities of such buyer,
in such manner as the Central Government may, by rules, provide;
(b) when any transfer of securities for a consideration, whether delivery based or otherwise, is
made by a depository otherwise than on the basis of any transaction referred to in clause (a), the
stamp-duty on such transfer shall be collected on behalf of the State Government by the depository
from the transferor of such securities on the consideration amount specified therein, in such manner
as the Central Government may, by rules, provide;
(c) when pursuant to issue of securities, any creation or change in the records of a depository is
made, the stamp-duty on the allotment list shall be collected on behalf of the State Government by the
depository from the issuer of securities on the total market value of the securities as contained in such
list, in such manner as the Central Government may, by rules, provide.
(2) Notwithstanding anything contained in this Act, the instruments referred to in sub-section (1) shall
be chargeable with duty as provided therein at the rate specified in Schedule I and such instruments need
not be stamped.
2[Provided that no such duty shall be chargeable in respect of the instruments of transaction in stock
exchanges and depositories established in any International Financial Services Centre set up under
section 18 of the Special Economic Zones Act, 2005 (28 of 2005).]
(3) From the date of commencement of this Part, no stamp-duty shall be charged or collected by the
State Government on any note or memorandum or any other document, electronic or otherwise,
associated with the transactions mentioned in sub-section (1).
(4) The stock exchange or a clearing corporation authorised by it or the depository, as the case may
be, shall, within three weeks of the end of each month and in accordance with the rules made in this
behalf by the Central Government, in consultation with the State Government, transfer the stamp-duty
collected under this section to the State Government where the residence of the buyer is located and in
case the buyer is located outside India, to the State Government having the registered office of the trading
member or broker of such buyer and in case where there is no such trading member of the buyer, to the
State Government having the registered office of the participant:
Provided that before such transfer, the stock exchange or the clearing corporation authorised by it or
the depository shall be entitled to deduct such percentage of stamp-duty towards facilitation charges as
may be specified in such rules.
_Explanation.—The term “participant” shall have the same meaning as assigned to it in clause (g) of_
section 2 of the Depositories Act, 1996 (22 of 1996).
1. Ins. by Act 7 of 2019, s. 15 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020.]
2. Ins. by Act 12 of 2020, s. 143 (w.e.f. 1-4-2020).
-----
(5) Every stock exchange or the clearing corporation authorised by it and depository shall submit to
the Government details of the transactions referred to in sub-section (1) in such manner as the Central
Government may, by rules, provide.
**9B. Instruments chargeable with duty for transactions otherwise than through stock exchanges**
**and depositories.—Notwithstanding anything contained in this Act,—**
(a) when any issue of securities is made by an issuer otherwise than through a stock exchange or
depository, the stamp-duty on each such issue shall be payable by the issuer, at the place where its
registered office is located, on the total market value of the securities so issued at the rate specified in
Schedule I;
(b) when any sale or transfer or reissue of securities for consideration is made otherwise than
through a stock exchange or depository, the stamp-duty on each such sale or transfer or reissue shall
be payable by the seller or transferor or issuer, as the case may be, on the consideration amount
specified in such instrument at the rate specified in Schedule I.]
B.—Of Stamps and the mode of using them
**10. Duties how to be paid.—(1) Except as otherwise expressly provided in this Act, all duties with**
which any instruments are chargeable shall be paid, and such payment shall be indicated on such
instruments, by means of stamps —
(a) according to the provisions herein contained; or
(b) when no such provision is applicable thereto—as the [1][State Government] may be rule direct.
(2) The rules made under sub-section (1) may, among other matters, regulate,—
(a) in the case of each kind of instrument—the description of stamps which may be used;
(b) in the case of instruments stamped with impressed stamps—the number of stamps which may
be used;
(c) in the case of bills of exchange or promissory notes [2]*** the size of the paper on which they
are written.
**STATE AMENDMENT**
**Assam**
**Insertion of section 10A.—The principal Act, after the existing section the following shall be**
inserted as section 10A, namely:—
“10A. For shortage of stamps how duty to be paid—(1) Notwithstanding anything contained in
Section 10, where the State Government or the Collector, as the case may be, is satisfied that there is
shortage of stamps in the district or stamps of required denominations are not available, the State
Government or the Collector may permit payment of the duty to be paid in cash or by way of Demand
Draft or by Pay Order and authorize the Treasury Officer or Sub-Treasury Officer or Sub-Registrar or
any other authorised officer, as the case may be, on production of a challan evidencing payment of
duty in the Government Treasury or Sub-Treasury of a Demand Draft or by Pay Order drawn on a
branch of any Schedule bank, as the case may be, after due verification, to certify in such manner as
may be prescribed, by endorsement on the instrument of the amount of duty so paid in cash.
_Explanation.—Government Treasury includes a Government Sub-Treasury and any other place_
as the State Government may, by notification in the Assam Gazette, appoint in this behalf:
Provided that the State Government may, be order published in the Official Gazette, direct that
the power exercisable by it or by the Collector under this Section may be exercised by such other
officers as may be specified in the order.
(2) An endorsement made on any instrument under sub-section (1) shall have the same effect as if
the duty of an amount equal to the amount stated in the endorsement has been paid in respect thereof
1. Subs. by the A.O. 1950, for “collecting Government”.
2. The words “written in any oriental language” omitted by Act 43 of 1955, s. 5 (w.e.f. 1-4-1956).
-----
and such payment has been indicated on such instrument by means of stamps in accordance with the
requirements of section 10.
(3) Nothing in this section shall apply to,—
(i) the payment of stamp duty chargeable on the instruments specified in Entry 91 of List I of
the Seventh Schedule to the Constitution of India; and
(ii) the instruments presented after six months from the date of their execution or first
execution.”
[Vide Assam Act 22 of 2004, s. 2]
**Meghalaya**
**Amendment of section 10 of Central act 2 of 1899.—In the Indian Stamp Act, 1899 after section 10**
the following new section shall be inserted as section 10A, namely:-
"10A. Notwithstanding anything contained in section 10 where,
(a) (i) The State Government, in relation to any area in the State; or
(ii) the Deputy Commissioner, in relation to any area in District under his charge, is satisfied
that on account of temporary, shortage of stamps in any area, duty cannot be paid, and payment
of duty cannot be indicated on instruments, by means of Stamps, the State Government, or as the
case may be, the Deputy Commissioner may, by notification, in the Official Gazette, direct that in
such area and for such period as maybe specified in such notification, the duty may be paid in
cash in any Treasury or Sub-Treasury and shall on production of a challan evidencing payments
of stamp duty in the Government treasury certify endorsement on the instrument in respect of
which the stamp duty is paid, that the duty has been paid, and state in the said endorsement the
amount of the duty so paid.
(b) An endorsement made on any instrument under clause (a) shall have the same effect as if
the duty of an amount equal to the amount stated in the endorsement had been paid in respect of,
and such payment has been indicated on, such instrument by means of stamps, under section 10.”
[Vide Meghalaya Act 6 of 1973, s.2]
**Uttarakhand**
**Amendment of section 10.—After section 10(A) the following section shall be inserted, namely:-**
10(B) "Various modes of payment of duty" Notwithstanding anything contained in section 10 &
10(A) all duties with which any instruments are chargeable shall be paid,
(1) by way of cash; or
(2) by demand draft; or
(3) by pay order; or
(4) by e-payment;
in Government Treasury or Sub-Treasury or General Stamp Office [or, as the case may be,
Government Receipt Accounting System (G.R.A.S.) (Virtual Treasury)] and such payment shall be
indicated by endorsement on such instruments by an officer authorised by the State Government.
[Vide Uttarakhand Act 1 of 2016, s. 3]
**Uttar Pradesh**
**Amendment of section 10-A.— In section 10-A of the Principal Act, for sub-section (1) the following**
sub-section shall be substituted namely :—
"(1) Notwithstanding anything contained in section 10—
(a) where the Collector is satisfied that there is temporary shortage of stamps in the district or that
stamps of required denominations are not available, he may permit duty to be paid in cash and
authorize the officer-in-charge of the treasury on production of a challan evidencing payment of duty
-----
in the Government treasury or sub-treasury, to certify by endorsement on the instrument or
instruments the amount of duty so paid in cash ;
(b) where the State Government considers it expedient so to do, it may, in any district, permit
duty to be paid in cash and authorize any officer, to receive payment of duty in cash and to certify by
endorsement by means of a Franking machine on the instrument or instruments the amount of duty so
paid in cash.
[Vide Uttar Pradesh Act 11 of 1992, s. 3]
**Uttar Pradesh**
**Insertion of new section 10-A.— After section 10 of the principal Act, the following section shall be**
_inserted, namely :—_
**“10-A.** **Payment of duty in cash.—(1) Notwithstanding anything contained in section 10, where**
the Collector is satisfied that there is temporary shortage of stamps in the district or that stamps of
required denominations are not available, he may permit duty to be paid in cash and authorize the
officer-in-charge of the treasury on production of a challan evidencing payment of duty in the
Government treasury or sub-treasury, to certify by endorsement on the instruments or instruments the
amount of duty so paid in cash.
(2) An endorsement made on any instrument under sub-section (1) shall have the same effect as if
the duty of an amount equal to the amount stated in the endorsement has been paid in respect thereof
and such payment has been indicated on such instrument by means of stamps in accordance with the
requirement of section 10.”
[Vide Uttar Pradesh Act 20 of 1974, s. 4]
**Haryana**
**Amendment of section 10 of Central Act 2 of 1899.—To sub-section (1) of section 10 of the Indian**
Stamp Act, 1899 the following proviso shall be added, namely: —
"Provided that whenever stamp paper of smaller value and denomination ranging from rupee one to
rupees ten is in short supply or is not available, the duty payable under this Act, on any instrument,
shall be paid in such manner as the State Government may by rules direct.",
[Vide Haryana Act 1 of 1987, s. 2]
**11. Use of adhesive stamps.—The following instruments may be stamped with adhesive stamps,**
namely: —
(a) instruments chargeable [1][with a duty not exceeding ten naye paise], except parts of bills of
exchange payable otherwise than on demand and drawn in sets;
(b) bills of exchange, [2]*** and promissory notes drawn or made out of [3][India];
(c) entry as an advocate, vakil or attorney on the roll of a High Court;
(d) notarial acts; and
(e) transfers by endorsement of shares in any incorporated company or other body corporate.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 11.—In section 11 of the principal Act, in clause (c), after the words “State Bar**
Council of Uttar Pradesh” the words “and certificates of enrolment issued to Revenue Agents or
Mukhtars” shall be inserted.
1. Subs. by Act 19 of 1958, s. 2, for “with the duty of one anna or half an anna” (w.e.f. 1-10-1958).
2. The word “cheques” omitted by Act 5 of 1927, s. 5.
3. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
-----
[Vide Uttar Pradesh Act 19 of 1982, s. 3]
**Insertion of section 11-A.— After section 11 of the principal Act, the following section shall be**
inserted, namely :—
“11-A. Payment of duty in cash on such memos.— (1) Notwithstanding anything contained in
section 11, the stamp duty due under Article 25-A of Schedule I-B on a counterpart or duplicate
(including counterfoil or carbon copy) of a bill or cash memo may be paid either by means of stamps
on the date of issue of such instruments, or in cash once in every quarter, for all such instruments
issued in the previous quarter, into the treasury or sub-treasury under such head as the State
Government may by general or special order direct.
(2) The treasury challan prepared for deposit of duty in cash shall be accompanied by such
statement and shall be preserved for the purpose of verification for such period and proper account
thereof shall be maintained in such form as the State Government may by general or special order
direct.”
[Vide Uttar Pradesh Act 49 of 1975, s. 4]
**Amendment of section 11.—In section 11 of the principal Act, in clause (c), after the words “State Bar**
Council of Uttar Pradesh” the words “and certificate of enrolment issued to Revenue Agents or
Mukhtars” shall be inserted.
[Vide Uttar Pradesh Act 19 of 1981, s. 3]
**12. Cancellation of adhesive stamps.—(1) (a) Whoever affixes any adhesive stamp to any**
instrument chargeable with duty which has been executed by any person shall, when affixing such stamp,
cancel the same so that it cannot be used again; and
(b) whoever executes any instrument on any paper bearing an adhesive stamp shall, at the time of
execution, unless such stamp has been already cancelled in manner aforesaid, cancel the same so that
it cannot be used again.
(2) Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used
again, shall, so far as such stamp is concerned, be deemed to be unstamped.
(3)The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or
across the stamp his name or initials or the name or initials of his firm with the true date of his so writing,
or in any other effectual manner.
**13. Instruments stamped with impressed stamps how to be written.—Every instrument written**
upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear
on the face of the instrument and cannot be used for or applied to any other instrument.
**14. Only one instrument to be on same stamp.—No second instrument chargeable with duty shall**
be written upon a piece of stamped paper upon which an instrument chargeable with duty has already
been written:
Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not
chargeable with duty being made upon any instrument for the purpose of transferring any right created or
evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of
which is secured thereby.
**15. Instrument written contrary to section 13 or 14 deemed unstamped.—Every instrument**
written in contravention of section 13 or section 14 shall be deemed to be unstamped.
**16. Denoting duty.—Where the duty with which an instrument is chargeable, or its exemption from**
duty, depends in any manner upon the duty actually paid in respect of another instrument, the payment of
such last-mentioned duty shall, if application is made in writing to the Collector for that purpose, and on
production of both the instruments, be denoted upon such first-mentioned instrument by endorsement
under the hand of the Collector or in such other manner (if any) as the [1][State Government] may by rule
prescribe.
1. Subs. by the A.O. 1950, for “collecting Government”.
-----
C.—Of the time of stamping instruments
**17. Instruments executed in India.—All instruments chargeable with duty and executed by any**
person in [1][India] shall be stamped before or at the time of execution.
**STATE AMENDMENT**
**Assam**
**Amendment of section 17.—In the principal Act, in Section 17, after the existing provision, the**
following proviso shall be inserted namely:—
“Provided that nothing in this Section shall apply to the instrument in respect of which stamp duty has
been paid under section 10-A.”
[Vide Assam Act 22 of 2004, s. 3]
**18. Instruments other than bills and notes executed out of India.—(1) Every instrument**
chargeable with duty executed only out of [2][India], and not being a bill of exchange [2]*** or promissory
note, may be stamped within three months after it has been first received in [1][India].
(2) Where any such instrument cannot, with reference to the description of stamp prescribed
therefore, be duly stamped by a private person, it may be taken within the said period of three months to
the Collector, who shall stamp the same, in such manner as the [1][State Government] may by rule
prescribe, with a stamp of such value as the person so taking such instrument may require and pay for.
**19. Bills and notes drawn out of India.—The first holder in [1][India] of any bill of**
exchange [3][payable otherwise than on demand], [3]*** or promissory note drawn or made out of [2][India]
shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise
negotiates the same in [1][India], affix thereto the proper stamp and cancel the same:
Provided that,—
(a) if, at the time any such bill of exchange, [3]*** or note comes into the hands of any holder
thereof in [1][India], the proper adhesive stamp is affixed thereto and cancelled in manner prescribed by
section 12 and such holder has no reason to believe that such stamp was affixed or cancelled
otherwise than by the person and at the time required by this Act, such stamp shall, so far as relates to
such holder, be deemed to have been duly affixed and cancelled;
(b) nothing contained in this proviso shall relieve any person from any penalty incurred by him
for omitting to affix or cancel a stamp.
**STATE AMENDMENT**
**Himachal Pradesh**
**Addition of a new section 19-A.—After section 19 of the said Act the following new section shall be**
inserted, namely:
**_19-A. Payment of duty on certain instruments liable to increased duty in Himachal Pradesh_**
**_under clause (bb) of section 3.- Where any instrument has become chargeable in any part of India and_**
thereafter becomes chargeable with higher rate of duty in the Himachal Pradesh under clause (bb) of
the first proviso to section 3 as amended by the Indian Stamp (Himachal Pradesh Amendment)
Act, 1952
(i) notwithstanding anything contained in the said proviso, the amount of duty chargeable on such
instrument shall be the amount chargeable on it under Schedule- I-A less the amount of duty, if any
already paid on it in India,
(ii) in addition to the stamps, if any, already affixed thereto, such instrument shall be stamped with
the stamps necessary for the payment of the amount of duty chargeable on it under clause (i) in the
same manner and at the same time and by the same person as though such instrument were an
instrument received in India for the first time at the time when it became chargeable with the higher
duty.
[Vide Himachal Pradesh Act 4 of 1953, s. 7]
1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
2. The word “cheque” omitted by Act 5 of 1927, s. 5.
3. Ins. by Act 5 of 1927, s. 5.
-----
D.—Of valuations for Duty
**20. Conversion of amount expressed in foreign currencies.—(1) Where an instrument is**
chargeable with _ad valorem duty in respect of any money expressed in any currency other than that of_
1[India] such duty shall be calculated on the value of such money in the currency of 1[India] according to
the current rate of exchange on the day of the date of the instrument.
(2) The Central Government may, from time to time, by notification in the Official Gazette, prescribe
a rate of exchange for the conversion of British or any foreign currency into the currency of [1][India] for
the purposes of calculating stamp-duty, and such rate shall be deemed to be the current rate for the
purposes of sub-section (1).
**21. Stock and marketable securities how to be valued. —Where an instrument is chargeable with**
_ad valorem_ duty in respect of any stock or of any marketable or other security, such duty shall be
calculated on [2][the market value of such stock or security.]
3[Provided that the market value for calculating the stamp-duty shall be, in the case of—
(i) options in any securities, the premium paid by the buyer;
(ii) repo on corporate bonds, interest paid by the borrower; and
(iii) swap, only the first leg of the cash flow.]
**22. Effect of statement of rate of exchange or average price.—Where an instrument contains a**
statement of current rate of exchange, or average price, as the case may require, and is stamped in
accordance with such statement, it shall, so far as regards the subject-matter of such statement, be
presumed, until the contrary is proved, to be duly stamped.
**23. Instruments reserving interest.—Where interest is expressly made payable by the terms of an**
instrument, such instrument shall not be chargeable with duty higher than that with which it would have
been chargeable had no mention of interest been made therein.
4[23A. Certain instruments connected with mortgages of marketable securities to be chargeable
**as agreements. — (1) Where an instrument (not being a promissory note or bill of exchange)—**
(a) is given upon the occasion of the deposit of any marketable security by way of security for
money advanced or to be advanced by way of loan, or for an existing or future debt, or
(b) makes redeemable or qualifies a duly stamped transfer, intended as a security, of any
marketable security,
it shall be chargeable with duty as if it were an agreement or memorandum of an agreement chargeable
with duty under [5][Article No. 5 (c)] of Schedule I.
(2) A release or discharge of any such instrument shall only be chargeable with the like duty. ]
**STATE AMENDMENT**
**Himachal Pradesh**
**Amendment of section 23-A.— In sub-section (1) of section 23-A of the said Act, for the word and**
figure ‘Schedule-I’ the word, figure and letter “Schedule I-A” shall be substituted.
[Vide Himachal Pradesh Act 4 of 1953, s. 8]
**24. How transfer in consideration of debt, or subject to future payment, etc., to be charged. —**
Where any property is transferred to any person in consideration, wholly or in part, of any debt due to
him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether
being or constituting a charge or incumbrance upon the property or not, such debt, money or stock is to be
1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
2. Subs. by Act 7 of 2019, s. 16, for “the value of such stock or security according to the average price or the value thereof on the day of the date
of the instrument.” (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
3. Ins. by s. 16, ibid. (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
4. Ins. by Act 15 of 1904, s. 3.
5. Subs. by Act 1 of 1912, s. 3, for “Article No. 5(b)”.
-----
deemed the whole or part, as the case may be, of the consideration in respect whereof the transfer is
chargeable with ad valorem duty:
Provided that, nothing in this section shall apply to any such certificate of sale as is mentioned in
Article No. 18 of Schedule I.
_Explanation.—In the case of a sale of property subject to a mortgage or other incumbrance, any_
unpaid mortgage money or money charged, together with the interest (if any) due on the same, shall be
deemed to be part of the consideration for the sale:
Provided that, where property subject to a mortgage is transferred to the mortgagee, he shall be
entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of
the mortgage.
_Illustrations_
(1) A owes B Rs. 1,000. A sells a property to B, the consideration being Rs. 500 and the release of the
previous debt of Rs. 1,000. Stamp-duty is payable on Rs. 1,500.
(2) A sells a property to B for Rs. 500 which is subject to a mortgage to C for Rs. 1,000 and unpaid
interest Rs 200. Stamp-duty is payable on Rs. 1,700.
(3) A mortgages a house of the value of Rs. 10,000 to B for Rs. 5,000. B afterwards buys the house
from A. Stamp-duty is payable on Rs. 10,000 less the amount of stamp-duty already paid for the
mortgage.
**STATE AMENDMENT**
**Himachal Pradesh**
**Amendment of section 24.— In the proviso to section 24, of the said Act, for the full stop shall be**
substituted a comma followed by the words “or Schedule I -A, as the case may be.
[Vide Himachal Pradesh Act 4 of 1953, s. 9]
**Orissa**
**Amendment of section 24.—** In Section 24 of the Indian Stamp Act, 1899 (2 of 1899) (herein after
referred to as the principal Act), for the words “in respect whereof the transfer is chargeable with ad
valorem duty” the words “and the transfer is chargeable with ad valorem duty in respect of the
consideration or the market value of the property so transferred, whichever is higher,” shall be
substituted.
[Vide Orissa Act 7 of 1987, s. 2]
**25. Valuation in case of annuity, etc.—Where an instrument is executed to secure the payment of an**
annuity or other sum payable periodically, or where the consideration for a conveyance is an annuity or
other sum payable periodically, the amount secured by such instrument or the consideration for such
conveyance, as the case may be, shall, for the purposes of this Act, be deemed to be,—
(a) where the sum is payable for a definite period so that the total amount to be paid can be
previously ascertained—such total amount;
(b) where the sum is payable in perpetuity or for an indefinite time not terminable with any life in
being at the date of such instrument or conveyance—the total amount which, according to the terms
of such instrument or conveyance, will or may be payable during the period of twenty years
calculated from the date on which the first payment becomes due; and
(c) where the sum is payable for an indefinite time terminable with any life in being at the date of
such instrument or conveyance— the maximum amount which will or may be payable as aforesaid
during the period of twelve years calculated from the date on which the first payment becomes due.
**26. Stamp where value of subject-matter is indeterminate.—Where the amount or value of the**
subject-matter of any instrument chargeable with _ad valorem duty cannot be, or (in the case of an_
instrument executed before the commencement of this Act) could not have been, ascertained at the date of
its execution or first execution, nothing shall be claimable under such instrument more than the highest
amount or value for which, if stated in an instrument of the same description, the stamp actually used
would, at the date of such execution, have been sufficient:
-----
1[Provided that, in the case of the lease of a mine in which royalty or a share of the produce is
received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of
such share, for the purpose of stamp-duty,—
(a) when the lease has been granted by or on behalf of [2][the Government], at such amount or
value as the Collector may, having regard to all the circumstances of the case, have estimated as
likely to be payable by way of royalty or share to [3][the Government] under the lease, or
(b) when the lease has been granted by any other person, at twenty thousand rupees a year,
and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease:]
Provided also that where proceedings have been taken in respect of an instrument under section 31 or
41, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of
execution.
**27. Facts affecting duty to be set forth in instrument. —The consideration (if any) and all other**
facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty
with which it its chargeable, shall be fully and truly set forth therein.
**STATE AMENDMENT**
**Assam**
**Amendment of section 27.—In the principal Act, in section 27, for the words and brackets, “The**
consideration (if any)”, the words “the market value of the property” shall be substituted.”
[Vide Assam Act 22 of 2004, s. 4]
**Amendment of section 27.—In the principal Act, after section 27, the following new section shall be**
inserted namely:—
“27A. **Instrument of conveyance etc. under valued how to be dealt with.—(1) If the**
Registering Officer appointed under the Registration Act, 1908 (Central Act 16 of 1908) while
registering any instrument of conveyance, exchange or gift has reason to believe that the market value
of the property as fixed by the Government/Collector of the district, which is subject matter of
conveyance, exchange or gift had not been truly set forth in the instrument, he may after registering
such instrument, refer the same to the Collector for determination of the market value of such proper
and the property duty payable thereon.
(2) On receipt of a reference under sub-section (1), the Collector shall, after giving the parties a
reasonable opportunity of being heard and after holding an enquiry in such manner as may be
prescribed by rules made under this Act, determine the market value of the property which is the
subject matter of conveyance, exchange or gift and the duty as aforesaid, and thereupon the
difference, if any, in the amount of duty, shall be payable by the persons liable to pay the duty.
(3) The Collector may, on his own motion or otherwise, within two years from the date of
registration of any instrument or conveyance, exchange or gift not already referred to him under subsection (1) call for and examine the instrument for the purpose of satisfying himself as to the
correctness of the market value of the property as set forth in such instrument, which is the subject
matter of conveyance, exchange or gift and the duty payable thereon and if after such examination he
has reason to believe that the market value of such property has not been truly set forth in the
instrument, he may determine the market value of such property and the duty as aforesaid and
thereupon the difference, if any in the amount of duty, shall be payable by the person liable to pay the
duty:
1. Subs. by Act 15 of 1904, s. 4, for the proviso.
2. Subs. by the A.O. 1937, for “the secretary of State in Council”.
3. Subs., ibid., for “the said Secretary of State in Council”.
-----
Provided that nothing in this sub-section shall apply to instrument registered before the date of
commencement of the Indian Stamp (Assam Amendment) Act, 2004.
(4) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3)
may prefer an appeal to the Civil Judge of appropriate jurisdiction and all such appeals shall be
preferred within such time and shall be heard and disposed of in such manner as may be prescribed.
_Explanation—For the purpose of this Act, market value of any property shall be estimated to be_
the price which in the opinion of the Collector or the Civil Judge Senior Division, as the case may be,
such property would have fetched or would fetch, if sold in the open market on the date of execution
of the instrument of conveyance, exchange or gift.
[Vide Assam Act 22 of 2004, s. 5]
**STATE AMENDMENT**
**Himachal Pradesh**
**Amendment of section 27.—For the words and brackets “The consideration (if any)” occurring in**
section 27 of the Indian Stamp Act, 1899 (2 of 1899) (hereinafter called as the principal Act), the words
and signs “The consideration, if any, the market value of the property” shall be substituted.
[Vide Himachal Pradesh Act 7 of 1989, s. 2]
**Orissa**
**Amendment of section 27.— In Section 27 of the principal Act, for the words and brackets**
“the consideration if any”, the words and commas “the consideration, if any, the market value of the
property” shall be substituted.
[Vide Orissa Act 7 of 1987, s. 3]
**28. Direction as to duty in case of certain conveyances.—(1) Where any property has been**
contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate
parts by different instruments, the consideration shall be apportioned in such manner as the parties think
fit, provided that a distinct consideration for each separate part is set forth in the conveyance relating
thereto, and such conveyance shall be chargeable with _ad valorem duty in respect of such distinct_
consideration.
(2) Where property contracted to be purchased for one consideration for the whole, by two or more
persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by
separate instruments to the persons by or for whom the same was purchased, for distinct parts of the
consideration, the conveyance of each separate part shall be chargeable with ad valorem duty in respect of
the distinct part of the consideration therein specified.
(3) Where a person, having contracted for the purchase of any property but not having obtained a
conveyance thereof, contracts to sell the same to any other person and the property is in consequence
conveyed immediately to the sub-purchaser the conveyance shall be chargeable with ad valorem duty in
respect of the consideration for the sale by the original purchaser to the sub-purchaser.
(4) Where a person, having contracted for the purchase of any property but not having obtained a
conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons and the
property is in consequence conveyed by the original seller to different persons in parts, the conveyance of
each part sold to a sub-purchaser shall be chargeable with _ad valorem duty in respect only of the_
consideration paid by such sub-purchaser, without regard to the amount or value of the original
consideration; and the conveyance of the residue (if any) of such property to the original purchaser shall
be chargeable with ad valorem duty in respect only of the excess of the original consideration over the
aggregate of the considerations paid by the sub-purchasers:
Provided that the duty on such last-mentioned conveyance shall in no case be less than one rupee.
-----
(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately
selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by him and
is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the
original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance
for the consideration obtained by such original seller, or, where such duty would exceed five rupees, with
a duty of five rupees.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 28.— In Section 28 of the principal Act,—**
(i) for sub-section (1), the following sub-section shall be substituted, namely:—
“(1) where any property has been contracted to be sold for one consideration for the whole, and is
conveyed to the purchaser in separate parts by different instruments, the consideration shall be
apportioned in such manner as the parties think fit:
Provided that a distinct consideration for each separate part is set forth in the conveyance relating
thereto and such conveyance shall be chargeable with _ad valorem duty in respect of such distinct_
consideration:
Provided further that the market value of the separate part shall be set forth along with the
consideration for each part and the conveyance shall be chargeable with ad valorem.
[duty in respect of such distinct consideration or the market value, whichever is higher.”.
(ii) to sub-section (2) the following words and comma shall be added at the end, namely:—
“or the market value of each such separate part whichever is higher.”;
(iii) to sub-section (3) the following words and comma shall be added at the end, namely:—
“or the market value of the property, whichever is higher.”.
(iv) for sub-section (4), the following sub-section shall be substituted, namely:
“(4) where a person, having contracted for the purchase of any property but not having obtained a
conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons and
the property is in consequence conveyed by the original seller to different persons in part, the
conveyance of each part sold to a sub-purchaser shall be chargeable with ad valorem duty in respect
of the consideration paid by such sub-purchaser or the market value of each part whichever is higher
without regard to the amount or value of the original consideration; and the conveyance of the residue,
if any, of such property to the original purchaser shall be chargeable with ad valorem duty in respect
only of the excess of the original consideration over the aggregate of the considerations paid by the
sub-purchasers or the market value of the residue of such property whichever is higher:
Provided that the duty on such last mentioned conveyance shall in no case be less than one rupee.”.
(v) for sub-section (5), the following sub-section shall be substituted, namely:—
“(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately
selling to him, which is chargeable with ad valorem duty in respect of consideration paid by him or the
market value of the property whichever is higher and is duly stamped accordingly, any conveyance to be
afterwards made to him of the same property by the original seller shall be chargeable with a duty
equal to that which would be chargeable on a conveyance for the consideration obtained by such
original seller or the market value of such property whichever is higher, or, where such duty would
exceed five rupees with a duty of five rupees”,]
[Vide Orissa Act 7 of 1987, s. 4]
E.—Duty by whom payable
**29. Duties by whom payable.—In the absence of an agreement to the contrary, the expense of**
providing the proper stamp shall be borne —
(a) in the case of any instrument described in any of the following Articles of Schedule I, namely:—
No. 2. (Administration Bond),
-----
1[No. 6 (Agreement relating to Deposit of Title-deeds, Pawn or Pledge),]
No. 13 (Bill of exchange),
No. 15 (Bond),
No. 16 (Bottomry Bond),
No. 26 (Customs Bond),
2* - - -
No. 32 (Further charge),
No. 34 (Indemnity-Bond),
No. 40 (Mortgage-deed),
No. 49 (Promissory-note),
No. 55 (Release),
No. 56 (Respondentia Bond),
No. 57 (Security-bond or Mortgage-deed),
No. 58 (Settlement),
3* - - -
4* - - -
No. 62 (c). (Transfer of any interest secured by a bond, mortgage-deed or policy of insurance),—
by the person drawing, making or executing such instrument:
5[(b) in the case of a policy of insurance other than fire-insurance—by the person effecting the
insurance;
(bb) in the case of a policy of fire-insurance— by the person issuing the policy;]
(c) in the case of a conveyance (including re-conveyance of mortgaged property) by the grantee: in
the case of a lease or agreement to lease—by the lessee or intended lessee:
(d) in the case of a counterpart of a lease—by the lessor;
(e) in the case of an instrument of exchange [6][including swap]—by the parties in equal shares,
(f) in the case of a certificate of sale—by the purchaser of the property to which such certificate
relates; [7]***
(g) in the case of an instrument of partition—by the parties thereto in proportion to their respective
shares in the whole property partitioned or, when the partition is made in execution of an order passed by
a Revenue-authority or Civil Court or arbitrator, in such proportion as such authority, Court or arbitrator
directs.
8[(h) in the case of sale of security through stock exchange, by the buyer of such security;
(i) in the case of sale of security otherwise than through a stock exchange, by the seller of such
security;
(j) in the case of transfer of security through a depository, by the transferor of such security;
(k) in the case of transfer of security otherwise than through a stock exchange or depository, by the
transferor of such security;
1. Subs. by Act 15 of 1904, s. 5, for “No. 6 (Agreement to Mortgage)”.
2. The words, figures and brackets “No. 27 (Debenture)” omitted by Act 7 of 2019, s. 17 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9
1-2020 followed by 1-4-2020]
3. The words, figures, brackets and letter “No. 62 (a) (Transfer of shares in an incorporated Company or other body corporate)”
omitted by s. 17, ibid. (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
4. The words, figures, brackets and letter “No. 62 (b). (Transfer of debentures, being marketable securities, whether the debenture
is liable to duty or not, except debentures provided for by section 8),” omitted by s. 17, ibid. (w.e.f. 1-7-2020). [Earlier notified
w.e.f. 9-1-2020 followed by 1-4-2020]
5. Subs. by Act 5 of 1906, s. 4, for clause (b).
6. Ins. by Act 7 of 2019, s. 17 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
7. The “and” omitted by Act 7 of 2019, s. 17 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
8. Ins. by Act 7 of 2019, s. 17 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
-----
(l) in the case of issue of security, whether through a stock exchange or a depository or otherwise, by
the issuer of such security; and
(m) in the case of any other instrument not specified herein, by the person making, drawing or
executing such instrument.]
**STATE AMENDMENT**
**Uttarakhand**
**Amendment of section 29.—In Section 29 of the Principal Act,--**
(a) In clause (a), after the words (and figures, "No. 40 (Mortgage deed))," the words (and figures
"No. 43 (Note or memorandum))," shall be inserted;
(b) after clause (f), the following clause shall be inserted, namely,
''(f-f) in the case of an Instrument of Gift by the donee;"
[Vide Uttarakhand Act 1 of 2016, s. 4]
**Uttar Pradesh**
**Amendment of section 29.— In section 29 of the principal Act,—**
(a) in clause (a), after the words and figures, "No. 40 (Mortgage deed)," the words and figure,
"No. 43 (Note or Memorandum)" shall be inserted ;
(b) after the clause (f) the following clause shall be inserted, namely:—
“(ff) in the case of an Instrument of Gift, by the donee"
[Vide Uttar Pradesh Act 38 of 2001, s. 3]
**30. Obligation to give receipt in certain cases.—Any person receiving any money exceeding**
twenty rupees in amount, or any bill of exchange, cheque or promissory note for an amount exceeding
twenty rupees, or receiving in satisfaction or part satisfaction of a debt any movable property exceeding
twenty rupees in value, shall, on demand by the person paying or delivering such money, bill, cheque,
note or property, give a duly stamped receipt for the same.
1[Any person receiving or taking credit for any premium or consideration for any renewal of any
contract of fire-insurance, shall, within one month after receiving or taking credit for such premium or
consideration, give a duly stamped receipt for the same.]
CHAPTER III
ADJUDICATION AS TO STAMPS
**31. Adjudication as to proper stamp.—(1) When any instrument, whether executed or not and**
whether previously stamped or not, is brought to the Collector, and the person bringing it applies to have
the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of such
amount (not exceeding five rupees and not less than [2][fifty naye paise]) as the Collector may in each case
direct, the Collector shall determine the duty (if any) with which, in his judgment, the instrument is
chargeable.
(2) For this purpose the Collector may require to be furnished with an abstract of the instrument, and
also with such affidavit or other evidence as he may deem necessary to prove that all the facts and
circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with
which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any such
application until such abstract and evidence have been furnished accordingly:
Provided that—
1. Added by Act 5 of 1906, s. 5.
2. Subs. by Act 19 of 1958, s. 3, for “eight annas” (w.e.f. 1-10-1958).
-----
(a) no evidence furnished in pursuance of this section shall be used against any person in any
civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is
chargeable; and
(b) every person by whom any such evidence is furnished, shall, on payment of the full duty with
which the instrument to which it relates, is chargeable, be relieved from any penalty which he may
have incurred under this Act by reason of the omission to state truly in such instrument any of the
facts or circumstances aforesaid.
**STATE AMENDMENT**
**Orissa**
**Amendment of Section 31.—In section 31 of the principal Act, in sub-section (1), for the words “not**
exceeding five rupees” and “not less than fifty naye paise”, the words “not exceeding twenty rupees” and
“not less than five rupees”, shall respectively be substituted
[Vide Orissa Act 1 of 2003, s. 4]
**Uttarakhand**
**Amendment of section 31.—In sub-section (1), for the words, "Pays a fee of such amount not**
exceeding five rupees and not less than fifty paisa as the collector may in Each case direct," the words,
"Pays a fee such amount as may be fixed by State Government By notification in the Official Gazette",
shall be substituted.
[Vide Uttarakhand Act 1 of 2016, s. 5]
**Uttar Pradesh**
**Amendment of section 31.— In section 31 of the principal Act, in sub-section (1), for the words, "such**
amount not exceeding five rupees and not less than fifty paise as the collector may in each case direct",
the words, "such amount as may be fixed by the State Government by notification in the Official
Gazette", shall be substituted.
[Vide Uttar Pradesh Act 38 of 2001, s. 4]
**32. Certificate by Collector.—(1) When an instrument brought to the Collector under section 31 is,**
in his opinion, one of a description chargeable with duty, and
(a) the Collector determines that it is already fully stamped, or
(b) the duty determined by the Collector under section 31, or such a sum as, with the duty already
paid in respect of the instrument, is equal to the duty so determined, has been paid,
the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with
which it is chargeable has been paid.
(2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in
manner aforesaid that such instrument is not so chargeable.
(3) Any instrument upon which an endorsement has been made under this section, shall be deemed to
be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be
receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly
stamped:
Provided that nothing in this section shall authorize the Collector to endorse—
(a) any instrument executed or first executed in [1][India] and brought to him after the expiration of
one month from the date of its execution or first execution, as the case may be;
(b) any instrument executed or first executed out of [1][India] and brought to him after the
expiration of three months after it has been first received in [1][India]; or
1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
-----
(c) any instrument chargeable [1][with a duty not exceeding ten nayepaise], or any bill of exchange
or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly
stamped.
**STATE AMENDMENT**
**Himachal Pradesh**
**Amendment of section 32.— In section 32 of the said Act.—**
(1) in clause (a) of the proviso, after the words “any instrument” the words “other than an instrument
chargeable with a duty under clause (bb) of the first proviso to section 3 as amended by the Indian Stamp
(Himachal Pradesh Amendment) Act, 1952” shall be inserted.
(2) the word “or” at the end of clause (b) of the proviso shall be omitted,
(3) after clause (c) of the proviso the word “or” shall be inserted, and the following new clause shall be
added:
(d) any instrument chargeable with duty under clause (bb) of the first proviso to section 3 as
amended by the Indian Stamp (Himachal Pradesh Amendment) Act, 1952, and brought to him after
the expiration of three months from the date on which it is first received in Himachal Pradesh.
[Vide Himachal Pradesh Act 4 of 1953, s. 10]
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
**33. Examination and impounding of instruments. —(1) Every person having by law or consent of**
parties authority to receive evidence, and every person in charge of a public office, except an officer of
police, before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in the
performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound
the same.
(2) For that purpose every such person shall examine every instrument so chargeable and so produced
or coming before him, in order to ascertain whether it is stamped with a stamp of the value and
description required by the law in force in [2][India] when such instrument was executed or first executed:
Provided that—
(a) nothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal
Court to examine or impound, if he does not think fit so to do, any instrument coming before him in
the course of any proceeding other than a proceeding under Chapter XII or Chapter XXXVI of the
Code of Criminal Procedure, 1898 (V of 1898);
(b) in the case of a Judge of a High Court, the duty of examining and impounding any instrument
under this section may be delegated to such officer as the Court appoints in this behalf.
(3) For the purposes of this section, in cases of doubt, —
(a) [3][the [4][State Government]] may determine what offices shall be deemed to be public offices;
and
(b) [5][the [4][State Government]] may determine who shall be deemed to be persons in charge of
public offices.
**STATE AMENDMENT**
**Orissa**
**Amendment of Section 33.—In section 33 of the principal Act after sub-section (1), the**
## following sub-sections shall be inserted, namely:—
1. Subs. by Act 19 of 1958, s. 4, for “with the Duty of one anna or half an anna” (w.e.f. 1-10-1958).
2. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
3. Subs. by the A.O. 1937, for “the G.G. in C.”.
4. Subs. by the A.O. 1950, for “collecting Government”.
5. Subs. by the A.O. 1937, for “the L.G.”.
-----
“(1-a) If it appears to such person from the copy of an instrument produced or coming in
performance of his functions, within three years from the date of registration of the instrument, that
such instrument is not duly stamped, he shall call for the original instrument and if he is satisfied on
production of the instrument that it has not been duly stamped, impound the same and the deficient
amount of duty shall be payable by the person liable to pay the duty.
(1-b) Where the original instrument is not produced such person shall refer the copy of the
instrument to the Collector for determination of the market value of the property and the duty payable
thereon and the Collector may determine the market value of the property and the duty as aforesaid in
accordance with the procedure provided for in sub-section (2) of section 47-A.”.
[Vide Orissa Act 7 of 1987, s. 5]
**Uttar Pradesh**
**Amendment of section 33 of Act no. 11 of 1899.—In section 33 of the Indian Stamp Act, 1899, as**
amended in its application to Uttar Pradesh, hereinafter in this Chapter referred to as the principal Act, -
(i) in sub-section (2), in the proviso, in clause (a), for the words and figures
Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898”, the words and figures
“sections 125 to 128 and sections 145 to 148 of the Code of Criminal Procedure, 1973” shall be
substituted.
(ii) after sub-section (2), for the existing sub-sections, the following sub-sections shall be
substituted, namely:-
“(3) For the purpose of this section the State Government may in cases of doubt, determine
what offices shall be deemed to be public offices and who shall be deemed to be persons in
charge of public offices.
(4) Where deficiency in stamp duty paid is noticed from the any court or from the
Commissioner of Stamps or an, Additional Commissioner of Stamp or a Deputy Commissioner
of Stamps or an Assistant Commissioner of Stamps or any officer authorized by the Board of
Revenue in that behalf, call for the original instrument so purpose, and the instrument so
produced before the Collector shall be deemed to have been produced or come before him in the
performance of his functions.
(5) In case the instrument is not produced within the period specified by the Collector, he
may require payment of deficit stamp duty, if any, together with penalty under section 40 on the
copy of the instrument:
Provided that no action under sub-section (4) or sub-section (5) shall be taken after a period
of four years from the date of execution of the instrument.”
[Vide Uttar Pradesh Act 6 of 1980, s. 6]
**Amendment of section 33 of Act no. 11 of 1899.— In section 33 of the Indian Stamp Act, 1899**
hereinafter referred to as the Principal Act, in sub-section (5), after the existing proviso the following
Proviso shall be inserted. namely :—
“Provided further that with the prior permission of the State Government an action under sub
section (4) or sub-section (5) may be taken after a period of four years but before a period of eight
years from the date of execution of the instrument.”
[Vide Uttar Pradesh Act 22 of 1998, s. 2]
**Amendment of section 33.—In section 33 of the principal Act, after sub-section (2), the following**
Sub-sections shall be inserted, namely :—
(3) Where deficiency in stamp duty paid is noticed from the copy of any instruments, the Collector
may suo motu or on a reference from any court or from the Chief Inspector of Stamps, Uttar Pradesh or
any Officer of the Stamp Department, Board of Revenue, call for the original instrument for the purpose
of satisfying himself as to the adequacy of the duty paid thereon and the instrument so produced before
the Collector shall be deemed to have been produced or come in the performance of his functions.
-----
(4) In case the instrument is not produced within the period specified by tile Collector, he may require
payment of deficit stamp duty, if any, together with penalty under section 40 on the copy of the
instrument ;
Provided that no action under sub-section (3) or sub-section (4) shall be taken after a period of four
years from the date of execution of the instrument"
[Vide Uttar Pradesh Act 49 of 1975, s. 5]
**34. Special provision as to unstamped receipts.—Where any receipt chargeable [1][with a duty not**
exceeding ten nayepaise] is tendered to or produced before any officer unstamped in the course of the
audit of any public account, such officer may in his discretion, instead of impounding the instrument,
require a duly stamped receipt to be substituted therefore.
**35. Instruments not duly stamped inadmissible in evidence, etc.—No instrument chargeable with**
duty shall be admitted in evidence for any purpose by any person having by law or consent of parties
authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by
any public officer, unless such instrument is duly stamped:
Provided that—
(a) any such instrument [2][shall] be admitted in evidence on payment of the duty with which the
same is chargeable, or, in the case of any instrument insufficiently stamped, of the amount required to
make up such duty, together with a penalty of five rupees, or, when ten times the amount of the
proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or
portion;
(b) where any person from whom a stamped receipt could have been demanded, has given an
unstamped receipt and such receipt, if stamped, would be admissible in evidence against him, then
such receipt shall be admitted in evidence against him on payment of a penalty of one rupee by the
person tendering it;
(c) where a contract or agreement of any kind is effected by correspondence consisting of two or
more letters and any one of the letters bears the proper stamp, the contract or agreement shall be
deemed to be duly stamped;
(d) nothing herein contained shall prevent the admission of any instrument in evidence in any
proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the
Code of Criminal Procedure 1898 (V of 1898);
(e) nothing herein contained shall prevent the admission of any instrument in any Court when
such instrument has been executed by or on behalf of the Government, or where it bears the
certificate of the Collector as provided by section 32 or any other provision of this Act.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 35.—In section 35 of the principal Act, in the proviso in clause (d), for the**
words and figures “Chapter XII or Chapter XXXVI of the Code of criminal Procedure, 1898”, the words
and figures “sections 125 to 128 and sections 145 to 148 of the Code of Criminal Procedure, 1973” shall
be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 7]
**Amendment of section 35.— In section 35 of the principal Act, in clause (a) of the proviso for the**
words "five rupees. or, when ten times the amount of the proper duty of deficient portion thereof exceeds
five rupees, of a sum equal to ten times such duty or portion:" the following words shall be _substituted,_
namely :—
"a sum equal to ten times the amount of the proper duty or deficient portion thereof ;
[Vide Uttar Pradesh Act 22 of 1998, s. 3]
1. Subs. by Act 19 of 1958, s. 5, for “with a duty of one anna” (w.e.f. 1-10-1958).
2. Subs. by Act 21 of 2006, s. 69, for “not being an instrument chargeable with a duty not exceeding ten nayepaise only, or a bill
of exchange or promissory note, shall, subject to all just exceptions,”
-----
**36. Admission of instrument where not to be questioned.—Where an instrument has been admitted**
in evidence, such admission shall not, except as provided in section 61, be called in question at any stage
of the same suit or proceeding on the ground that the instrument has not been duly stamped.
**37. Admission of improperly stamped instruments.—[1][The [2][State Government]] may make rules**
providing that, where an instrument bears a stamp of sufficient amount but of improper description, it
may, on payment of the duty with which the same is chargeable, be certified to be duly stamped, and any
instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.
**38. Instruments impounded, how dealt with.—(1) When the person impounding an instrument**
under section 33 has by law or consent of parties authority to receive evidence and admits such
instrument in evidence upon payment of a penalty as provided by section 35 or of duty as provided by
section 37, he shall send to the Collector an authenticated copy of such instrument, together with a
certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall send such
amount to the Collector, or to such person as he may appoint in this behalf.
(2) In every other case, the person so impounding an instrument shall send it in original to the
Collector.
**39. Collector’s power to refund penalty paid under section 38, sub-section (1).—(1) When a copy**
of an instrument is sent to the Collector under section 38, sub-section (1), he may, if he thinks fit, [3]***
refund any portion of the penalty in excess of five rupees which has been paid in respect of such
instrument.
(2) When such instrument has been impounded only because it has been written in contravention of
section 13 or section 14, the Collector may refund the whole penalty so paid.
**STATE AMENDMENT**
**Uttar Pradesh**
**Omission of section 39.— Section 39 of the principal Act shall be omitted.**
[Vide Uttar Pradesh Act 22 of 1998, s. 4]
**40. Collectors power to stamp instruments impounded.—(1) When the Collector impounds any**
instrument under section 33, or receives any instrument sent to him under section 38, sub-section (2), not
being an instrument chargeable [4][with a duty not exceeding ten naye paise] only or a bill of exchange or
promissory note, he shall adopt the following procedure:—
(a) if he is of opinion that such instrument is duly stamped, or is not chargeable with duty, he
shall certify by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case
may be;
(b) if he is of opinion that such instrument is chargeable with duty and is not duly stamped, he
shall require the payment of the proper duty or the amount required to make up the same, together
with a penalty of five rupees; or, if he thinks fit, [5][an amount not exceeding] ten times the amount of
the proper duty or of the deficient portion thereof, whether such amount exceeds or falls short of five
rupees:
Provided that, when such instrument has been impounded only because it has been written in
contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty
prescribed by this section.
1. Subs. by the A.O. 1937, for “the G.G. in C.”.
2. Subs. by the A. O. 1950, for “collecting Government”.
3. The words “upon application made to him in this behalf or, if no application is made, with the consent of the chief Controlling
Revenue-authority” omitted by Act 4 of 1914, s. 2 and the Schedule Pt I.
4. Subs. by Act 19 of 1958, s. 6, for “with a duty of one anna or half an anna” (w.e.f. 1-10-1958).
5. Ins. by Act 15 of 1904, s. 6.
-----
(2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be
conclusive evidence of the matters stated therein.
(3) Where an instrument has been sent to the Collector under section 38, sub-section (2), the Collector
shall, when he has dealt with it as provided by this section, return it to the impounding officer.
**STATE AMENDMENT**
**Uttarakhand**
**Amendment of section 40.—After sub-section (1), the following sub-sections shall be inserted,**
namely:
"(1-A) The Collector shall also require, alongwith the amount of deficit Stamp Duty of penalty
required to be paid under clause (b) of sub-section (1), the payment of a simple interest at the rate of one
and half percent per mensem on the amount of deficit stamp duty calculated from the date of the
execution of the instrument till the date of actual payment;
Provided that the amount of interest under this sub-section shall be recalculated if the amount of
deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority.
(1-B) The amount of interest payable under sub-section (1-A) shall be added to the amount due and
be also deemed for all purposes to part of the amount required to be paid.
(1-C) Where realization of the deficit stamp duty reminded stayed by any order of any court or
authority and such order of stay is subsequently vacated, the interest referred to in sub-section (1-A) shall
be payable also for any period during which such order of stay remain in operation.
(1-D) Any amount paid or deposited by, or removed, or refundable to a person under the provisions
of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding against him and
the excess, if any, shall then be adjusted towards the interest, in any, due from him."
[Vide Uttarakhand Act 1 of 2016, s. 6]
Uttar Pradesh
**Amendment-of section 40.— In section 40 of the principal Act in sub-section (1), —**
(a) for clause (b) the following clause shall be substituted, namely :—
"(b) if he is of opinion that such instrument is chargeable with duty and is not duty stamped, he
shall require the payment of the proper duty or the amount required to make up the deficiency
together with a penalty of an amount not exceeding ten times the amount of the proper duty or of the
deficient portion thereof ; "
(b) after the existing proviso the following proviso shall be inserted, namely :-
"Provided further that no penalty shall be levied unless the party concerned has been given a
reasonable opportunity of being heard."
[Vide Uttarakhand Act 22 of 1998, s. 5]
**Amendment of section 40.— in section 40 of the principal Act, after sub-section (1), the following**
subsections shall be inserted, namely:—
"(1-A) The Collector shall also require, along with the amount of deficit stamp duty or penalty
required to be paid under clause (b) of sub-section (1), the payment of a simple interest at the rate of
one and half per cent per mensem on the amount of deficit stamp duty calculated from the date of the
execution of the instrument till the date of actual payment:
Provided that the amount of interest under this sub-section shall be recalculated if the amount of
deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority.
(1-B) The amount of interest payable under sub-section ( I-A) shall be added to the amount due
and be also deemed for all purposes to be part of the amount required to be paid.
-----
(1 -C) Where realization of the deficit stamp duty remained stayed by any order of any Court or
authority and such order of stay is subsequently vacated, the interest referred to in sub-section (1-A)
shall be payable also for any period, during which such order of stay remained in operation.
(1-D) Any amount paid or deposited by, or recovered from, or refundable to a person under the
provisions of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding
against him and the excess, if any, shall then be adjusted towards the interest, if any, due from him."
[Vide Uttar Pradesh Act 38 of 2001, s. 5]
**41. Instruments unduly stamped by accident.— If any instrument chargeable with duty and not**
duly stamped, not being an instrument chargeable [1][with a duty not exceeding ten nayepaise] only or a
bill of exchange or promissory note, is produced by any person of his own motion before the Collector
within one year from the date of its execution or first execution, and such person brings to the notice of
the Collector the fact that such instrument is not duly stamped and offers to pay to the Collector the
amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that
the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity,
he may, instead of proceeding under sections 33 and 40, receive such amount and proceed as next hereinafter prescribed.
**42. Endorsement of instruments on which duty has been paid under section 35, 40 or 41.— (1)**
When the duty and penalty (if any), leviable in respect of any instrument have been paid under section 35,
section 40 or section 41, the person admitting such instrument in evidence or the Collector, as the case
may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty
and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence
of the person paying them.
(2) Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered
and acted upon and authenticated as if it had been duly stamped, and shall be delivered on his application
in this behalf to the person from whose possession it came into the hands of the officer impounding it, or
as such person may direct:
Provided that—
(a) no instrument which has been admitted in evidence upon payment of duty and a penalty under
section 35, shall be so delivered before the expiration of one month from the date of such
impounding, or if the Collector has certified that its further detention is necessary and has not
cancelled such certificate;
(b) nothing in this section shall affect the[1] Code of Civil Procedure (XIV of 1882), section 144,
clause 3.
**STATE AMENDMENT**
**Uttarakhand**
**Amendment of section 42.—In section 42 of the Principal Act, --**
(a) in the heading, of the words and figures "Sections 35, 40 or 41", the words and figures,
"sections 35, 40, 41 or 47-A" shall be substituted.
(b) in sub-section (1), for the words and figures "section 40 or section 41", the words and figures,
"section 40, section 41 or section 47-A" shall be substituted.
[Vide Uttarakhand Act 1 of 2016, s. 7]
**Uttar Pradesh**
**Amendment of section 42.— In section 42 of the principal Act,—**
(a) in the heading for the words and figures "sections 35, 40 or 41", the words and figures,
"sections 35, 40, 41 or 47-A" shall be substituted.
1. See now the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order XIII, Rule 9.
-----
(b) in sub-section (1) for the words and figures "section. 40 or section 41," the words and figures,
"section 40, section 41 or section 47-A" shall substituted.
[Vide Uttar Pradesh Act 38 of 2001, s. 5]
**43. Prosecution for offence against Stamp-law.—The taking of proceedings or the payment of a**
penalty under this Chapter in respect of any instrument shall not bar the prosecution of any person who
appears to have committed an offence against the Stamp-law in respect of such instrument:
Provided that no such prosecution shall be instituted in the case of any instrument in respect of which
such a penalty has been paid, unless it appears to the Collector that the offence was committed with an
intention of evading payment of the proper duty.
**44. Persons paying duty or penalty may recover same in certain cases.—(1) When any duty or**
penalty has been paid under section 35, section 37, section 40 or section 41, by any person in respect of
an instrument, and, by agreement or under the provisions of section 29 or any other enactment in force at
the time such instrument was executed, some other person was bound to bear the expense of providing the
proper stamp for such instrument, the first-mentioned person shall be entitled to recover from such other
person the amount of the duty or penalty so paid.
(2) For the purpose of such recovery, any certificate granted in respect of such instrument under this
Act shall be conclusive evidence of the matters therein certified.
(3) Such amount may, if the Court thinks fit, be included in any order as to costs in any suit or
proceeding to which such persons are parties and in which such instrument has been tendered in evidence.
If the Court does not include the amount in such order, no further proceedings for the recovery of the
amount shall be maintainable.
**45. Power to Revenue-authority to refund penalty or excess duty in certain cases.—(1) Where**
any penalty is paid under section 35 or section 40, the Chief Controlling Revenue-authority may, upon
application in writing made within one year from the date of the payment, refund such penalty wholly or
in part.
(2) Where, in the opinion of the Chief Controlling Revenue-authority, stamp-duty in excess of that
which is legally chargeable has been charged and paid under section 35 or section 40, such authority may,
upon application in writing made within three months of the order charging the same, refund the excess.
**46. Non-liability for loss of instruments sent under section 38.—(1) If any instrument sent to the**
Collector under section 38, sub-section (2), is lost, destroyed or damaged during transmission, the person
sending the same shall not be liable for such loss, destruction or damage.
(2) When any instrument is about to be so sent, the person from whose possession it came into the
hands of the person impounding the same, may require a copy thereof to be made at the expense of such
first-mentioned person and authenticated by the person impounding such instrument.
**47. Power of payer to stamp bills, and promissory notes received by him unstamped.—When**
any bill of exchange [1][or promissory note] chargeable [2][with a duty not exceeding ten nayepaise] is
presented for payment unstamped, the person to whom it is so presented, may affix thereto the necessary
adhesive stamp, and, upon cancelling the same in manner hereinbefore provided, may pay the sum
payable upon such bill [3][or note], and may charge the duty against the person who ought to have paid the
same, or deduct it from the sum payable as aforesaid, and such bill [3][or note], shall, so far as respects the
duty, be deemed good and valid:
Provided that nothing herein contained shall relieve any person from any penalty or proceeding to
which he may be liable in relation to such bill,[ 3][or note].
**STATE AMENDMENT**
**Himachal Pradesh**
**Insertion of section 47-A. —After section 47 of the principal Act, the following new section shall be**
added, namely:
1. Subs. by Act 5 of 1927, s. 5, for “promissory note or cheque”.
2. Subs. by Act 19 of 1958, s. 7, for “with the duty of one anna” (w.e.f. 1-10-1958).
3. Subs. by Act 5 of 1927, s. 5, for “note or cheque”.
-----
**47-A. Instruments under-valued, how to be dealt with.-(1) If the Registering Officer, appointed**
under the Registration Act, 1908 (16 of 1908) while registering any instrument relating to the transfer of
any property, has reason to believe that the market value of the property or the consideration, as the case
may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the
same to the Collector for determination of the market value or consideration, as the case may be, and the
proper duty payable thereon.
(2) On receipt of reference under sub-section (1), the Collector shall, after giving the parties a
reasonable opportunity of being heard and after holding an enquiry in such manner, as may be prescribed
by rules, made under this Act, determine the market value or consideration and the duty, as aforesaid, and
the deficient amount of duty, if any, shall be payable by the person liable to pay the duty.
(3) The Collector may, suo _moto or on receipt of reference from the Inspector General of Registration_
or the Registrar of a District, in whose jurisdiction the property, or any portion thereof, which is the
subject-matter of the instrument, is situated, appointed under the Registration Act, 1908 (16 of 1908)
shall, within three years from the date of registration of any instrument, not already referred to him under
sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the
correctness of its market value or consideration, as the case may be, and the duty payable thereon and if,
after such examination, he has reason to believe that the market value or consideration has not been truely
set forth in the instrument, he may determine the market value or consideration and the duty, as aforesaid,
in accordance with procedure provided for in sub-section (2), and the deficient amount of duty, if any,
shall be payable by the person liable to pay the duty:
Provided that nothing in this sub-section shall apply to any instrument registered before the date of the
commencement of the Indian Stamp (Himachal Pradesh Amendment) Act, 1988.
(4) Where for any reason the original document called for by the Collector under sub-section (3) is not
produced or cannot be produced, the Collector may, after recording the reasons for its nonproduction, call
for a certified copy of the entries of the document from the registering officer concerned and exercise the
powers conferred on him under sub-section (3).
(5) Any person, aggrieved by an order of the Collector, under subsection (2) or sub-section (3), may,
within thirty days from the date of the order, prefer an appeal before the District Judge and all such
appeals shall be heard and disposed off in such manner as may be prescribed by rules made under this
Act.
(6) For the purpose of this section “market value” of any property shall be estimated to be the price
which, in the opinion of the Collector or the appellate authority, as the case may be, such property would
have fetched, if sold in the open market on the date of execution of the instrument relating to the transfer
of such property.
[Vide Himachal Pradesh Act 7 of 1989, s. 3]
**Orissa**
**Amendment of section 47-A, (Act 2 of 1899). —In section 47-A of the Indian Stamp Act, 1899**
(Act 2 of 1899)—
(a) after sub-section (2), the following new sub-section shall be inserted, namely:—
“(2-a) The Collector may _sou motu, within two years from the date of registration of any_
instrument not already referred to him under sub-section (1), call for purpose of satisfying himself as
to the correctness of its value or consideration, as the case may be, and the duty payable thereon and if
after such examination, he has reasons to believe that the value or consideration has not been truly set
forth in the instrument, he may determine the value or consideration and the duty as aforesaid in
accordance with the procedure provided for in sub-section (2); and the deficient amount of duty, if
any, shall be payable by the person liable to pay the duty.”;
(b) in sub-section (3), after the word, brackets and figure “sub-section (2)” the words, brackets,
figure and letter “or sub-section (2-a)” shall be inserted.
[Vide Orissa Act 11 of 1965, s. 2]
-----
**Orissa**
**Amendment of section 47-A.—In section 47-A of the principal Act, in sub-section (2-a), for the**
words “two years”, the words “three years” shall be substituted.
[Vide Orissa Act 1 of 2003, s. 5]
**Orissa**
(a) Amendment of section 47-A.—for sub-section (1) the following sub-section shall be
substituted, namely:—
(1) where the registering officer under the Registration Act, 1908, (16 of 1908) while registering
any instrument of conveyance, exchange, gift, partition or settlement has reasons to believe that the
market value of the property which is the subject matter of such instrument has not been rightly set
forth in the instrument or is less than the minimum value determined in accordance with the rules
made under this Act, he shall, before registering such instrument, refer the matter to the Collector,
with an intimation in writing to the person concerned, for determination of the market value of such
property and the proper duty payable thereon.; and
(b) in sub-section (2-a) for the words “truly set forth in the instrument”, the words “rightly set
forth in the instrument or is less than the minimum value determined in accordance with the rules
made under this Act” shall be substituted.
[Vide Orissa Act 8 of 2009, s. 2]
**Orissa**
**Insertion of new section 47-A, Act 2 of 1899. —After section 47 of the Indian Stamp Act, 1899 (2 of**
1899) (hereinafter referred to as the Principal Act), the following new section shall be inserted, namely:—
**47-A.** **Instruments under-valued how to be dealt with.— (1) If the registering officer appointed**
under the Indian Registration Act, 1908, while registering any instrument transferring any property, has
reasons to believe that the value of the property or the consideration, as the case may be, has not been
truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector
for determination of the value or consideration, as the case may be, and the proper duty payable thereon.
(2) On receipt of a reference under sub-section (1) the Collector shall, after giving the parties a
reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed
by rules made under this Act, determine the value or consideration and the duty as aforesaid and the
deficient amount of duty, if any, shall be payable by the person liable to pay the duty.
(3) Any person aggrieved by an order of the Collector under sub-section (2) may, within thirty days
from the date of the order, prefer an appeal before the District judge and all such appeals shall be heard
and disposed of in such manner as may be prescribed by rules made under this Act.
[Vide Orissa Act 35 of 1962, s. 2]
**Orissa**
**Amendment of Section 47-A.— In section 47-A of the Principal Act, for sub-sections (1), (2) and**
(2-a), the following sub-sections shall be substituted, namely:
“(1) Where the registering officer under the Registration Act, 1908 (16 of 1908), while registering any
instrument of conveyance, exchange, gift, partition or settlement has reason to believe that the market
value of the property which is the subject matter of such instrument has not been truly set forth in the
instrument, he may, after registering such instrument, refer the matter to the Collector for determination
of the market value of such property and the proper duty payable thereon.
(2) On receipt of a reference under sub-section (1), the Collector shall, after giving the parties an
opportunity of making their representations and after holding an enquiry in such manner as may be
-----
prescribed by rules made under this Act, determine the market value of the property which is the subject
matter of such instrument, and the duty as aforesaid and the deficient amount, if any, shall be payable by
the person liable to pay the duty.
(2-a) The Collector may suo _motu within two years from the date of registration of such instrument,_
not already referred to him under sub-section (1), call for and examine the instrument for the purpose of
satisfying himself as to the correctness of the market value of the property which is the subject matter of
such instrument and the duty payable thereon and if after such examination, he has reason to believe that
the market value of such property has not been truly set forth in the instrument, he may determine the
market value of such property and the duty as aforesaid in accordance with the procedure provided for in
sub-section (2) and the deficient amount of duty, if any, shall be payable by the person liable to pay the
duty”.
[Vide Orissa Act 7 of 1987, s. 6]
**Tripura**
In the Indian Stamp Act, 1899 as in force in the State of Tripura, after section 47, the following new
section shall be inserted namely: —
“47A” Instruments of conveyance etc. undervalued, how to be, dealt with :—(1) If the
Registering Officer appointed under the Indian Registration Act, 1908 (Central Act XVI of 1908), while
registering any instrument of conveyance, exchange, gift or partition, has reason to believe that the value
of the property which is the subject matter of the instrument, as has been set forth therein is lower than the
market value thereof and proper duty has not been paid he may, after registering such instrument, refer
the same to the Collector for determination of the market value of such property and the proper duty
payable thereon.
(2) On receipt of a reference under Sub-Section (1), the Collector shall, after giving the parties a
reasonable opportunity of being heard and after holding an enquiry in such manner as may be
prescribed by rules made under this Act, determine the market value of such property and the proper
duty payable thereon and then return the instrument to the Registering Officer after making and
endorsement over his signature thereon indicating the market value of the property so determined and
deficient amount of duty, if any, that shall be payable by the person liable to pay the duty.
(3) The Collector may, within a period of two year from the date of registration of any instrument
of conveyance, exchange, gift or partition, not already sent to him under sub-section (I), call for as
examine the instrument for the purpose of satisfying himself as to the correctness of the market value
of the property which is the subject matter of such instrument and the duty paid thereon and if after
such examination, he has reasons to believe that the market value of such property has not been truly
set forth in the instrument and the proper duty has not been truly set forth in the instrument and the
proper duty has not been paid, he may determine the market value thereof and the proper duty payable
thereon in accordance with the provision of sub-section (2). The difference, if any between the duty
determined by the Collector and the duty already paid shall be payable by the person liable to pay the
duty on the instrument:
Provided that nothing in this sub-section shall apply to any instrument registered before the date of
the commencement of the Indian Stamp (Tripura Third Amendment) Act, 1984.
(4) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may
appeal to the appellate authority specified in sub-section (5), All such appeals shall be preferred within
such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made
under this Act.
(5) The State Government shall, by a Notification in the Official Gazette, appoint a person not
below the rank of a Secretary of any Department to be the appellate authority referred to in
sub-section (4).
(6) The amount of deficient duty, if any, shall be paid by deposit into Government Treasury by the
person, liable to pay the duty, within a period of thirty days from the date of Notice in this behalf from
-----
the Registering Officer and in case of default in payment, such amount shall be recovered as arrears of
land revenue.
_Explanation: For the purpose of the section the market value of any property shall be estimated to_
be the price which in the opinion of the Collector or the appellate authority, as the case may be, such
property would have fetched, if sold in the open market on the date of execution of the instrument of
conveyance, exchange gift or portion.
[Vide Tripura Act 2 of 1986, s. 2]
**Meghalaya**
**Insertion of new Section 47A in Act 11 of 1899.—In the Indian Stamp Act,1899 after the**
existing Section 47, the following new Section as Section 47A, shall be inserted, namely:-
“47A. Instruments under-valued how to be dealt with.—(1) If registering officer appointed
under the Indian Registration Act, 1908, while registering any instrument transferring any property,
has reason to believe that the value of the property or the consideration, as the case may be has not
been truly set forth in the instrument, he may, after registering such instrument, refer the same to the
Deputy Commissioner, for determination of the value or consideration, as the case may be, and the
proper duty payable thereon.
(2) On receipt of the reference under sub-section (1), the Deputy Commissioner shall, after giving
the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as
may be prescribed by rules made under this Act, by order, determine the value of the property or the
consideration and the duty aforesaid; and the deficient amount of duty, if any, shall be payable by the
person liable to pay the duty and, on payment of such duty, the Deputy Commissioner shall endorse a
certificate of such payment on the instrument under his seal and signature.
(3) The Deputy Commissioner may, suo motu, within six months from the date of registration of
any instrument not already referred to him under sub-section (1), call for and examine the instrument
for the purpose of satisfying himself as to the correctness of its value or consideration, as the case
may be, and the duty payable thereon, and if after such examination, he has reason to believe that the
value of consideration has not been truly set forth in the instrument, she may determine the value or
consideration and the duty aforesaid in accordance with procedure provided for in sub-section (2);
and the deficient amount of duty if any, shall be payable by the person liable to pay the duty and, on
the payment of such duty the Deputy Commissioner shall endorse a certificate of such payment on the
instrument under his seal and signature.
(4) Any person aggrieved by an order of the Deputy Commissioner under sub-section (2) or sub
section (3) may appeal to the Meghalaya Board of Revenue.
(5) An appeal under sub-section (4) shall be filed within 90 (ninety) days of the date of the order
sought to be appealed against.”
[Vide Meghalaya Act 8 of 1983, s. 2]
**Uttarakhand**
**Amendment of section 47-A.—In section 47-A of the Principal Act, :-**
(a) For sub-section (1), the following sub-sections shall be substituted, namely
"(1) (a) If the market value of any property which is the subject of any instrument, on which
duty is chargeable on the market value of the property as set forth in such instrument, is less than
even the minimum value determined in accordance with the rules made under this Act, the registering
officer appointed under the Registration Act, 1908 shall, notwithstanding anything contained in the
said Act, immediately after presentation of such instrument and before accepting it for registration
and taking any action under section 52 of the said Act, require the person liable to pay stamp duty
under section 29, to pay the deficit stamp duty as computed on the basis of the minimum value
determined in accordance with the said rules and return the instruments for presenting again in
accordance with section 23 of the Registration Act, 1908;
-----
(b) When the deficit stamp duty required to be paid under clause (a), is paid in respect of any
instrument and the instrument is presented again for registration, the registering officer shall certify
by endorsement thereon, that the deficit stamp duty has been paid in respect thereof and the name and
the residence of the person paying them and register the same;
(c) Notwithstanding anything contained in any other provisions of this Act, the deficit stamp duty
may be paid under clause (a) in the form of impressed stamps containing such declaration as may be
prescribed;
(d) If any person does not make the payment of the deficit stamp duty after receiving the order
referred to in clause (a) and presents the instrument again for registration, the registering officer shall,
before registering the instrument, refer the same to the Collector, for determination of the market
value of the property and the proper duty payable thereon.
(b) in sub-section (3) of section 47-A the following explanation shall be inserted, namely:
"Explanation-The payment of deficit stamp duty by any person under any order of registering
officer under sub-section (1) shall not prevent the Collector from initiating proceedings on any
instrument under sub section (3)."
(c) after sub-section (4), the following sub-section shall be inserted namely:
"(4-A) The Collector shall also require along with the deficit stamp duty or penalty required to be
paid under clause (ii) of sub-section (4), the payment of a simple interest at the rate of one and a half
per cent per mensem on the amount of deficit stamp duty calculated from the date of the execution of
the instrument till the date of actual payment;
Provided that the amount of interest under this sub-Section shall be recalculated if the amount of
deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority.
(4-B) The amount of interest payable under sub section (4-A) shall be added to the amount due
and be also deemed for all purposes to be part of the amount required to be paid.
(4-C) Where realization of the deficit stamp duty remained stayed by any order of any court or
authority and such order of stay is subsequently vacated, the interest referred to in sub-section (4-A)
shall be payable also for any period during which such order of stay remained in operation.
(4-D) Any amount paid or deposited by or recovered from, or refundable to, a person under the
provision of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding
against him and the excess if any, shall then be adjusted towards the interest, if any, due from him."
[Vide Uttarakhand Act 1 of 2016, s. 8]
**Uttar Pradesh**
**Amendment of section 47.—In section 47-A of the principal Act, in sub-section (4), for the words,**
“Chief Inspector of Stamp, Uttar Pradesh or any officer of the Stamp Department of the Board of
Revenue”, the words “Commissioner of Stamps or an Additional Commissioner of Stamps or a Deputy
Commissioner of Stamps or an Assistant Commissioner of Stamps or any officer authorized by the Board
of Revenue in that behalf” shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 8]
**Amendment of section 47-A.— In section 47-A of the principal Act—**
(a) in sub-section (1) for the words, "of conveyance, exchange, gift, settlement, award or trust"
the words "on which duty is chargeable on the market value of the property" shall be substituted ;
(b) in sub-section (2) for the words "of conveyance, exchange, gift, settlement, award or trust"
where they occur for the first time, the words "on which duty is chargeable on the market value of the
property" and for the said words where they occur for the second time, the words "of such
instrument" shall be substituted ;
(c) in sub-section (3), for the words "of conveyance, exchange, gift, settlement, award or trust,"
the words "of the instrument" shall be substituted ;
-----
(d) in sub-section (4) for the words, "of conveyance, exchange, gift, settlement, award or trust,"
where they occur for the first time, the words "on which duty is chargeable on the market value of the
property" and for the said words, where they occur for the second time, the words "of such
instrument" shall be substituted.
[Vide Uttar Pradesh Act 11 of 1992, s. 4]
**Amendment of section 47-A.—In section 47-A, in sub-section (4), for the words “two years”, the**
words “four- years” shall be substituted and be deemed always to have been substituted :—
[Vide Uttar Pradesh Act 20 of 1974, s. 5]
**Substitution of section 47-A—For section 47-A of the principal Act. the following section shall be**
substituted, namely :—
"47-A (1) If the market value of any property which is the subject of any instrument, on which
duty is chargeable on market value of such property, as set forth in such instrument, is less than even
the minimum value determined in accordance with the rules made under this Act, the registering
officer appointed under the Registration Act, 1908 shall, before registering the instrument, refer the
same to the Collector for determination of the market value of such property and the proper duty
payable thereon.
## (2) On receipt of a reference under sub-section (1) the Collector shall, after giving the parties
a reasonable opportunity of being heard and after holding an inquiry in such manner as many be prescribed by rules made under this Act, determine the market value of the property which is the subject of such instrument and the proper duty payable thereon.
(3) The Collector may, suo motu, or on a reference from any court or from the Commissioner
of Stamps or an Additional Commissioner of Stamps or a Deputy Commissioner of Stamps or an Assistant Commissioner of Stamps or any officer authorized by the State Government in that behalf, within four years from the date of registration of any instrument on which duty is chargeable on the market value of the property not already referred to him under sub-section (1) call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject for of such instrument, and the duty payable thereon and if after such examination he has reason to believe that market value of such property has not been truly set forth in such instrument he may determine the market value of such property and the duty payable thereon :
Provided that, with the prior permission of the State Government, an action under this sub-section
may be taken after a period of four years but before a period of eight years from the date of
registration of the instrument on which duty is chargeable on the market value of the properly.
(4) If on enquiry under sub-section (2) and examination under sub-section (3) the Collector finds
the market value of the property :—
(i) truly set forth and the instrument duly Stamped, he shall certify by endorsement that it is
duly stamped and return it to the person who made the reference ;
(ii) not truly set forth and the instrument not duly stamped he shall require the payment of
proper duty or the amount required to make up the deficiency in the same together with a penalty
of an amount not exceeding four time the amount of the proper duty or the deficient portion
thereof.
(5) The instrument produced before the Collector under sub-section (2) or under sub-section (3)
shall be deemed to have come before him in the performance of his functions.
(6) In case the instrument is not produced within the period specified by the Collector, he may
require payment of deficit stamp duty, if any, together with penalty on the copy of the instrument in
accordance with the procedure laid down in sub-sections (2) and (4)."
[Vide Uttar Pradesh Act 22 of 1998, s. 6]
**Amendment of section 47-A.— in section 47-A of the principal Act,—**
(a) for sub-section (1), the following sub-section shall be substituted, namely:—
-----
"(1) (a) If the market value of any property which is the subject of any instrument, on which duty
is chargeable on the market value of the property as set forth in such instrument, is less than even the
minimum value determined in accordance with the rules made under this Act, the registering officer
appointed under the Registration Act, 1908 shall, notwithstanding anything contained in the said Act,
immediately after presentation of such instrument and before accepting it for registration and taking
any action under section 52 of the said Act, require the person liable to pay stamp duty under section
29, to pay the deficit stamp duty as computed on the basis of the minimum value determined in
accordance with the said rules and return the instrument for presenting again in accordance with
section 23 of the Registration Act, 1908.
(b) When the deficit stamp duty required to be paid under clause (a), is paid in respect of any
instrument and the instrument is presented again for registration, the registering officer shall certify
by endorsement thereon, that the deficit stamp duty has been paid in respect thereof and the name and
the residence of the person paying them and register the same.
(c) Notwithstanding anything contained in any other provisions of this Act, the deficit stamp duty
may be paid under clause (a) in the form of impressed stamps containing such declaration as may be
prescribed.
(d) If any person does not make the payment of deficit stamp duty after receiving the order
referred to in clause (a) and presents the instrument again for registration, the registering officer shall,
before registering the instrument, refer the same to the Collector, for determination of the market value of
the property and the proper duty payable thereon."
(b) in sub-section (3), the following explanation shall be inserted, namely : —
_Explanation :— The payment of deficit stamp duty by any person under any order of registering_
officer under sub-section (1) shall not prevent the Collector from initiating proceedings on any
instrument under sub-section (3)."
(c) after sub-section (4), the following sub-sections shall be inserted, namely :—
(4-A) The Collector shall also require along with the deficit stamp duty or penalty required to be
paid under clause (ii) of sub-section (4), the payment of a simple interest at the rate of one and half
per cent per mensem on the amount of deficit stamp duty calculated from the date of the execution of
the instrument till the date of actual payment :
Provided that the amount of interest under this sub-section shall be recalculated if the amount of
deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority.
(4-B) The amount of interest payable under sub-section (4-A) shall be added to the amount due
and be also deemed for all purposes to be part of the amount required to be paid.
(4-C) Where realization of the deficit stamp duty remained stayed by any order of any court or
authority and such order of stay is subsequently vacated, the interest referred to in sub-section (4-A)
shall be payable also for any period during which such order of stay remained in operation.
(4-D) Any amount paid or deposited by, or recovered from, or refundable to, a person under the
provision of this Act, shall first be adjusted towards the deficit stamp duty or penalty outstanding
against him and the excess, if any, shall then be adjusted towards the interest, if any, due front him."
[Vide Uttar Pradesh Act 38 of 2001, s. 7]
**Amendment of section 47-A.— In section 47-A of the principal, Act—**
(a) in sub-section (1) for the words. "is less than that determined in accordance with any rules
made under this Act", the words, "is less than even the minimum value determined in accordance
with any rules made under this Act shall be substituted,
(b) in sub-section (4), for the words, "or on a reference from Chief Inspector of Stamps, Uttar
Pradesh” the words, "or on a reference from any court or from the Chief Inspector of Stamps, Uttar
Pradesh or any officer of the Stamp Department of the Board of Revenue." shall be substituted.
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[Vide Uttar Pradesh Act 49 of 1975, s. 6]
**Haryana**
**Amendment of section 47 A of Central Act 2 of 1899.— In sub -section (4) of section 47A of the Indian**
Stamp Act, 1899, for the words "the District Judge", the words "the Commissioner of Division" shall be
substituted.
[Vide Haryana Act 21 of 1997, s. 2]
**Substitution of section 47-A to Central Act 2 of 1899.—For section 47-A of the Indian Stamp Act,**
1899. (hereinafter called the principal Act), the following sections shall be substitution, namely:-
“47-A. Instruments under-valued how to be dealt with.- (1) If the market value of any
property, which is the subject of any instrument on which duty is chargeable on market value as set
forth in such instrument, is less than the minimum value determined in accordance with the rules
made under this Act, the Registering Officer appointed under the Registration Act, 1908 (Central Act
16 of 1908), shall after registering the instrument, refer the same to the Collector for determination of
market value of such property and the proper duty payable thereon.
(2) On receipt of reference under sub-section (1), the Collector shall, after giving the parties a
reasonable opportunity of being heard and after holding an enquiry in such manner, as may be
prescribed by rules, determine the market value of the property and the duty as aforesaid, and the
deficient amount of duty, if any, shall be payable by the person liable to pay the duty.
(3) The Collector may, _suo motu or on receipt of reference from the Inspector-General of_
Registration or the Registrar of a district appointed under the Registration Act, 1908 (Central Act 16
of 1908) in whose jurisdiction the property, or any portion thereof, which is the subject matter of the
instrument, is situated, or on the receipt of a report of audit by the Comptroller and Auditor General
of India or by any other authority authorized by the State Government in this behalf or otherwise,
shall within three years from the date of registration of any instrument, not already referred to him
under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to
the correctness of its market value, and the duty payable thereon and if, after such examination, he
has reason to believe that the market value has not been truly set forth in the instrument, he may
determine the market value and the duty, as aforesaid, in accordance with the procedure provided for
in sub-section (2) and the deficient amount of duty, if any, shall be payable by the person liable to pay
the duty.
(4) Any person, aggrieved by an order of the Collector under sub-section (2) or sub-section (3),
may, within thirty days from the date of the order, prefer an appeal before the Commissioner and all
such appeals shall be heard and disposed of in such manner, as may be prescribed by rules made
under this Act:
Provided that in computing the period aforesaid, the time requisite for obtaining a copy of the
order appealed against, shall be excluded:
Provided further that no order shall be passed without affording opportunity of being heard to the
appellant.
(5) The order passed in appeal under sub-section (4) and the order passed by the Collector under
sub-section (2) or sub-section (3) shall not be called into question in any Civil Court.
“47-B. Functions of Chief Controlling Revenue Authority.- (1) The Chief Controlling
Revenue Authority may at any time call for the record of any appeal pending before, or disposed of
by the Commissioner.
(2) The Chief controlling Revenue Authority under sub-section (1) in any appeal called for under
sub-section (1), may examine and pass such orders as he thinks fit:
Provided that he shall not under this section pass an order reversing or modifying any proceeding
or order of the Commissioner and affecting any question of right without giving an opportunity of
being heard to the affected party.”.
[Vide Haryana Act 7 of 2020, s. 2]
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**Haryana**
**Insertion of section 47A in Central Act 2 of 1899.—After section 47 of the principal Act, the**
following new section shall be inserted and shall be deemed to have been inserted with effect from the 1st
day of November, 1966, namely:-
"47 A. Instruments under-valued how to be dealt with.—(1) If the Registering Officer appointed
under the Registration Act, 1908, while registering any instrument transferring any property, has reason
to believe that the value of the property or the consideration, as the case may be, has not been truly set
forth in the instrument, he may, after registering such instrument, refer the same to the Collector for
determination of the value or consideration, as the case may be, and the proper duty payable thereon.
(2) On receipt of reference under sub-section (1), the Collector shall, after giving the parties a
reasonable opportunity of being heard and after holding an enquiry in such manner as may be
prescribed by rules made under this Act, determine the value or consideration and the duty as aforesaid
and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty.
(3) The Collector may _suo motu, or on receipt of reference from the Inspector-General of_
Registration or the Registrar of a district, in whose jurisdiction the property or any portion thereof
which is the subject-matter of the instrument is situate, appointed under the Registration Act, 1908,
shall, within three years from the date of registration of any instrument, not already referred to him
under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the
correctness of its value or consideration, as the case may be, and the duty payable thereon and if after
such examination, he has reasons to believe that the value or consideration has not been truly set forth
in the instrument, he may determine the value or consideration and the duty as aforesaid in accordance
with the procedure provided for in sub-section (2); and the deficient amount of duty, if any, shall be
payable by the person liable to pay the duty:
Provided that the Collector shall, within a period of two years from the date of the commencement
of the Indian Stamp (Haryana Amendment) Act, 1973, also be competent to act as aforesaid in respect
of the instruments registered on or after the first day of November, 1966 and before the first day of
October, 1970.
(4) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may,
within thirty days from the date of the order, prefer an appeal before the District Judge and all such
appeals shall be heard and disposed of in such manner as may be prescribed by rules made under this
Act.".
[Vide Haryana Act 37 of 1973, s. 3]
**48. Recovery of duties and penalties.—All duties, penalties and other sums required to be paid**
under this Chapter may be recovered by the Collector by distress and sale of the movable property of the
person from whom the same are due, or by any other process for the time being in force for the recovery
of arrears of land-revenue.
**STATE AMENDMENT**
**Orissa**
**Amendment of Section 48-A.—For Section 48-A of the Principal Act, the following section shall be**
substituted, namely:—
“48-A. Notwithstanding anything contained in this Act, no certificate or endorsement under this Act,
in respect of any instrument chargeable in the State of Orissa with a higher rate of duty under this Act,
for the time being in force as amended from time to time by the Orissa Acts shall be received in
evidence or be in any way valid in respect of the payment of duty on such instrument or in respect of the
chargeability of such instrument with duty unless the duty chargeable under the Orissa Act, has been
paid on such instrument.”.
[Vide Orissa Act 7 of 1987, s. 7]
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**Uttar Pradesh**
**Amendment of section 48.— For section 48 of the principal Act, the following section shall be**
_substituted, namely :—_
"48. All duties penalties and other sums required to be paid under this Act may be recovered by the
Collector by distress and sale of the movable property of the person from whom the same are due or by
any other process for the time being in force for the recovery of arrears of land revenue."
[Vide Uttar Pradesh Act 49 of 1975, s. 7]
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
**49. Allowance for spoiled stamps.—Subject to such rules as may be made by** [1] [the [2] [State
Government]] as to the evidence to be required, or the enquiry to be made, the Collector may, on
application made within the period prescribed in section 50, and if he is satisfied as to the facts, make
allowance for impressed stamps spoiled in the cases herein after mentioned, namely:—
(a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in
writing or any other means rendered unfit for the purpose intended before any instrument written
thereon is executed by any person:
(b) the stamp on any document which is written out wholly or in part, but which is not signed or
executed by any party thereto:
(c) in the case of bills of exchange [3][payable otherwise than on demand] [4]*** or promissory
notes—
(1) the stamp on [5][any such bill of exchange] [6]*** signed by or on behalf of the drawer which
has not been accepted or made use of in any manner whatever or delivered out of his hands for any
purpose other than by way of tender for acceptance:
provided that the paper on which any such stamp is impressed, does not bear any signature
intended as or for the acceptance of any bill of exchange [7]*** to be afterwards written thereon:
(2) the stamp on any promissory note signed by or on behalf of the maker which has not
been made use of in any manner whatever or delivered out of his hands:
(3) the stamp used or intended to be used for [8][any such bill of exchange] [9]*** or promissory
note signed by, or on behalf of, the drawer thereof, but which from any omission or error has
been spoiled or rendered useless, although the same, being a bill of exchange [1]*** may have
been presented for acceptance or accepted or endorsed, or, being a promissory note, may have
been delivered to the payee: provided that another completed and duly stamped bill of exchange
3*** or promissory note is produced identical in every particular, except in the correction of
such omission or error as aforesaid, with the spoiled bill, [3]*** or note;
(d) the stamp used for an instrument executed by any party thereto which—
(1) has been afterwards found to be absolutely void in law from the beginning:
(2) has been afterwards found unfit, by reason of any error or mistake therein, for the
purpose originally intended:
1. Subs. by the A.O. 1937, for “the L.G.”.
2. Subs. by the A.O. 1950, for “collecting Government”.
3. Ins. by Act 5 of 1927, s. 5.
4. The word “Cheques” omitted by s. 5, ibid.
5. Subs. by, s. 5, ibid, for “any bill of exchange”.
6. The words “or cheque” omitted by s. 5, ibid.
7. The words “or cheque” omitted by Act 5 of 1927 s. 5.
8. Subs. by s. 5, ibid, for “any bill of exchange”.
9. The word “cheque” omitted by s. 5, ibid.
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(3) by reason of the death of any person by whom it is necessary that it should be executed,
without having executed the same, or of the refusal of any such person to execute the same,
cannot be completed so as to effect the intended transaction in the form proposed:
(4) for want of the execution thereof by some material party, and his inability or refusal to
sign the same, is in fact incomplete and insufficient for the purpose for which it was intended:
(5) by reason of the refusal of any person to act under the same, or to advance any money
intended to be thereby secured, or by the refusal or non-acceptance of any office thereby
granted, totally fails of the intended purpose:
(6) becomes useless in consequence of the transaction intended to be thereby effected being
effected by some other instrument between the same parties and bearing a stamp of not less
value:
(7) is deficient in value and the transaction intended to be thereby effected has been effected
by some other instrument between the same parties and bearing a stamp of not less value:
(8) is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made
between the same parties and for the same purpose is executed and duly stamped:
Provided that, in the case of an executed instrument, no legal proceeding has been commenced
in which the instrument could or would have been given or offered in evidence and that the
instrument is given up to be cancelled.
_Explanation.—The certificate of the Collector under section 32 that the full duty with which an_
instrument is chargeable, has been paid is an impressed stamp within the meaning of this section.
**50. Application for relief under section 49 when to be made.—The application for relief under**
section 49 shall be made within the following periods, that is to say,—
(1) in the cases mentioned in clause (d) (5), within two months of the date of the instrument:
(2) in the case of a stamped paper on which no instrument has been executed by any of the parties
thereto, within six months after the stamp has been spoiled:
(3) in the case of a stamped paper in which an instrument has been executed by any of the parties
thereto, within six months after the date of the instrument, or, if it is not dated, within six months after
the execution thereof by the person by whom it was first or alone executed:
Provided that,—
(a) when the spoiled instrument has been for sufficient reasons sent out of [1] [India], the
application may be made within six months after it has been received back in [1][India] ;
(b) when, from unavoidable circumstances, any instrument for which another instrument has been
substituted, cannot be given up to be cancelled within the aforesaid period, the application may be
made within six months after the date of execution of the substituted instrument.
**51. Allowance in case of printed forms no longer required by Corporations.—The Chief**
Controlling Revenue-authority [2] [or the Collector if empowered by the Chief Controlling Revenueauthority in this behalf] may, without limit of time, make allowance for stamped papers used for printed
forms of instruments [3][by any banker or] by any incorporated company or other body corporate, if for any
sufficient reason such forms have ceased to be required by the said [3][banker], company or body corporate:
provided that such authority is satisfied that the duty in respect of such stamped papers has been duly
paid.
**52. Allowance for misused stamps.—(a) When any person has inadvertently used for an instrument**
chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules
1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
2. Ins. by Act 4 of 1914, s. 2 and the Schedule Pt. 1.
3. Ins. by Act 5 of 1906, s. 6.
-----
made under this Act, or a stamp of greater value than was necessary, or has inadvertently used any stamp
for an instrument not chargeable with any duty; or
(b) when any stamp used for an instrument has been inadvertently rendered useless under section 15,
owing to such instrument having been written in contravention of the provisions of section 13;
the Collector may, on application made within six months after the date of the instrument, or, if it is not
dated, within six months after the execution thereof by the person by whom it was first or alone executed,
and upon the instrument, if chargeable with duty, being re-stamped with the proper duty, cancel and allow
as spoiled the stamp so misused or rendered useless.
**53. Allowance for spoiled or misused stamps how to be made.—In any case in which allowance is**
made for spoiled or misused stamps, the Collector may give in lieu thereof —
(a) other stamps of the same description and value; or
(b) if required and he thinks fit, stamps of any other description to the same amount in value; or
(c) at his discretion, the same value in money, deducting [1][ten nayepaise] for each rupee or
fraction of a rupee.
**54. Allowance for stamps not required for use.—When any person is possessed of a stamp or**
stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which
he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in
money, deducting [4][ten nayepaise] for each rupee or portion of a rupee, upon such person delivering up
the same to be cancelled, and proving to the Collector's satisfaction—
(a) that such stamp or stamps were purchased by such person with a _bona fide intention to use_
them; and
(b) that he has paid the full price thereof; and
(c) that they were so purchased within the period of six months next preceding the date on which
they were so delivered:
Provided that, where the person is a licensed vendor of stamps, the Collector may, if he thinks fit,
make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid.
2[54A. Allowances for stamps in denominations of annas.—Notwithstanding anything contained in
section 54, when any person is possessed of a stamp or stamps in any denominations, other than in
denominations of annas four of multiples thereof and such stamp or stamps has or have not been spoiled,
the Collector shall repay to such person the value of such stamp or stamps in money calculated in
accordance with the provisions of sub-section (2) of section 14 of the Indian Coinage Act, 1906, (3 of
1906) upon such person delivering up, within six months from the commencement of the Indian Stamp
(Amendment) Act,1958 (19 of 1958), such stamp or stamps to the Collector.]
3[54B. Allowances for Refugee Relief Stamps.—Notwithstanding anything contained in section 54,
when any person is possessed of stamps bearing the inscription “Refugee Relief” (being stamps issued in
pursuance of section 3A before its omission) and such stamps have not been spoiled, the Collector shall,
upon such person delivering up, within six-month, from the commencement of the Refugee Relief Taxes
(Abolition) Act, 1973 (13 of 1973), such stamps to the Collector, refund to such person the value of such
stamps in money or give in lieu thereof other stamps of the same value:
Provided that the State Government may, with a view to facilitating expeditious disposal of claims for
such refunds, specify, in such manner as it deems fit, any other procedure which may also be followed for
claiming such refunds.]
1. Subs. by Act 19 of 1958, s. 8, for “one anna” (w.e.f. 1-10-1958).
2. Ins. by Act 19 of 1958, s. 9, (w.e.f. 1-10-1958).
3. Ins. by Act 13 of 1973, s. 2 (w.e.f. 1-4-1973).
-----
**55. Allowance on renewal of certain debentures.—When any duly stamped debenture is renewed**
by the issue of a new debenture in the same terms, the Collector shall, upon application made within one
month, repay to the person issuing such debenture, the value of the stamp on the original or on the new
debenture, whichever shall be less:
Provided that the original debenture is produced before the Collector and cancelled by him in such
manner as [1][the State Government] may direct.
_Explanation.—A debenture shall be deemed to be renewed in the same terms within the meaning of_
this section notwithstanding the following changes:—
(a) the issue of two or more debentures in place of one original debenture, the total amount
secured being the same;
(b) the issue of one debenture in place of two or more original debentures, the total amount
secured being the same;
(c) the substitution of the name of the holder at the time of renewal for the name of the original
holder; and
(d) the alteration of the rate of interest or the dates of payment thereof.
CHAPTER VI
REFERENCE AND REVISION
**56. Control of, and statement of case to, Chief Controlling Revenue-authority.—(1) The powers**
exercisable by a Collector under Chapter IV and Chapter V [2][and under clause (a) of the first proviso to
section 26] shall in all cases be subject to the control of the Chief Controlling Revenue-authority.
(2) If any Collector, acting under section 31, section 40 or section 41, feels doubt as to the amount of
duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with
his own opinion thereon, for the decision of the Chief Controlling Revenue-authority.
(3) Such authority shall consider the case and send a copy of its decision to the Collector, who shall
proceed to asses and charge the duty (if any) in conformity with such decision.
**STATE AMENDMENT**
**Uttarakhand**
**Amendment of section 56.—In Section 56 of the Principal Act, after sub-section (1) the following**
sub-section shall be inserted, namely:
"(1-A) Notwithstanding anything contained in any other provisions of this Act, any person Including
the Government aggrieved by any order of the Collector under chapter-IV, chapter-V or under clause (a)
of the first proviso to section 26 may, within 60 days from the date receipt of such order, prefer an appeal
against such order to the Chairman, Board of Revenue who shall, after giving the parties a reasonable
opportunity of being heard consider the case and pass such order thereon as he thinks just and proper and
the order so passed shall be final.
Provided that no application for stay of recovery of any disputed amount of stamp duty including
interest thereon or penalty shall be entertained unless the applicant has furnished satisfactory proof of the
payment of not less than one third of such disputed amount.
Provided further that where the Chairman, Board of Revenue passes an order for the stay of recovery
of any stamp duty, interest thereon or penalty or for the stay of the operation of any order appealed
against and such order results in the stay of recovery of any stamp duty, interest thereon or penalty, such
stay order shall not remain in force for more than 30 days unless the appellant furnishes adequate security
to the satisfaction of the Collector concern for the payment of the outstanding amount."
[Vide Uttarakhand Act 1 of 2016, s. 9]
1. Subs. by the A. O. 1937, for “the G.G. in C.”.
2. Ins. by Act 15 of 1904, s. 7.
-----
**Uttar Pradesh**
**Amendment of section 56.—** In section 56 of the principal Act, after sub-section (1), the following
sub-section shall be inserted, namely :-—
"(1-A) Notwithstanding anything contained in any other provisions of this Act, any person including
the Government aggrieved by an order of the Collector under Chapter-IV, Chapter-V or under clause (a)
of the first proviso to section 26 may, within sixty days from the date receipt of such order, prefer an
appeal against such order to the Chief Controlling Revenue Authority, who shall, after giving the parties a
reasonable opportunity of being heard consider the case and pass such order thereon as he thinks just and
proper and the order so passed shall be final :
Provided that no application for stay of recovery of any disputed amount of stamp duty including
interest thereon or penalty shall be entertained unless the applicant has furnished satisfactory proof of the
payment of not less than one third of such disputed amount ;
Provided further that where the Chief Controlling Revenue Authority passes an order for the stay of
recovery of any stamp duty, interest thereon or penalty or for the stay of the operation of any order
appealed against and such order results in the stay of recovery of any stamp duty, interest thereon or
penalty, such stay order shall not remain in force for more than thirty days unless the appellant furnishes
adequate security to the satisfaction of the Collector concerned for the payment of the outstanding
amount."
[Vide Uttar Pradesh Act 38 of 2001, s. 8]
**57. Statement of case by Chief-Controlling Revenue-authority to High Court.—(1) The Chief**
Controlling Revenue-authority may state any case referred to it under section 56, sub-section (2), or
otherwise coming to its notice, and refer such case, with its own opinion thereon,—
1[(a) if it arises in a State, to the High Court for that State;
2[(b) if it arises in the Union territory of the Delhi, to the High Court of Delhi;]
3* - - -
4[(c) if it arises in the Union territory of the Arunachal Pradesh or Mizoram, to the Gauhati High
Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura;)]
(d) if it arises in the Union territory of the Andaman and Nicobar Islands, to the High Court at
Calcutta;
(e) if it arises in the Union territory of the [5][Lakshadweep], to the High Court of Kerala;]
6[(ee) if it arises in the Union territory of the Chandigarh, to the High Court of Punjab and
Haryana;]
7[(f) if it arises in the Union territory of Dadra and Nagar Haveli, to the High Court of Bombay.]
(2) Every such case shall be decided by not less than three Judges of the High Court [8]*** to which it
is referred, and in case of difference the opinion of the majority shall prevail.
1. Subs. by the A.O. (No. 2) 1956, for clauses (a) to (g).
2. Subs. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968, s. 3 and Sch.
for clause (b) (w.e.f. 1-11-1966).
3. Clause (bb) ins. by s. 3 and the Schedule ibid. And omitted by the State of Himachal Pradesh (Adaptation of Laws on Union
Subjects) Order, 1973, s. 3 and Sch. (w.e.f. 25-1-1971).
4. Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order 1974, s. 3 and the Schedule
for clause (c) (w.e.f. 21-1-1972).
5. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974, s. 3 and the
Schedule for “the Laccadive, Minicoy and Amindivi Islands” (w.e.f. 1-11-1973).
6. Ins. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968, s. 3 and Sch.
(w.e.f. 1-11-1966).
7. Ins. by Reg. 6 of 1963, s. 2 and the First Sch.
8. The words “Chief Court or Judicial Commissioner’s Court” omitted by the A.O. 1950.
-----
**58. Power of High Court to call for further particulars as to case stated.—If the High Court [1]*****
is not satisfied that the statements contained in the case are sufficient to enable it to determine the
questions raised thereby, the Court may refer the case back to the Revenue-authority by which it was
stated, to make such additions thereto or alterations therein as the Court may direct in that behalf.
**59. Procedure in disposing of case stated.—(1) The High Court, [9]*** upon the hearing of any such**
case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the
grounds on which such decision is founded.
(2) The Court shall send to the Revenue-authority by which the case was stated, a copy of such
judgment under the seal of the Court and the signature of the Registrar; and the Revenue-authority shall,
on receiving such copy, dispose of the case conformably to such judgment.
**60. Statement of case by other Courts to High Court.—(1) If any Court, other than a Court**
mentioned in section 57, feels doubt as to the amount of duty to be paid in respect of any instrument
under proviso (a) to section 35, the Judge may draw up a statement of the case and refer it, with his own
opinion thereon, for the decision of the High Court [9]*** to which, if he were the Chief Controlling
Revenue-authority, he would, under section 57, refer the same.
(2) Such Court shall deal with the case as if it had been referred under section 57, and send a copy of
its judgment under the seal of the Court and the signature of the Registrar to the Chief Controlling
Revenue-authority and another like copy to the Judge making the reference, who shall, on receiving such
copy, dispose of the case conformably to such judgment.
(3) References made under sub-section (1), when made by a Court subordinate to a District Court,
shall be made through the District Court, and, when made by any subordinate Revenue Court, shall be
made through the Court immediately superior.
**61. Revision of certain decisions of Courts regarding the sufficiency of stamps. —(1) When any**
Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any proceeding under
Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 1898), makes any order
admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of
duty and a penalty under section 35, the Court to which appeals lie from, or references are made by, such
first-mentioned Court may, of its own motion or on the application of the Collector, take such order into
consideration.
(2) If such Court, after such consideration, is of opinion that such instrument should not have been
admitted in evidence without the payment of duty and penalty under section 35, or without the payment
of a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the
amount of duty with which such instrument is chargeable, and may require any person in whose
possession or power such instrument then is, to produce the same, and may impound the same when
produced.
(3) When any declaration has been recorded under sub-section (2), the Court recording the same shall
send a copy thereof to the Collector, and, where the instrument to which it relates has been impounded or
is otherwise in the possession of such Court, shall also send him such instrument.
(4) The Collector may thereupon, notwithstanding anything contained in the order admitting such
instrument in evidence, or in any certificate granted under section 42, or in section 43, prosecute any
person for any offence against the Stamp-law which the Collector considers him to have committed in
respect of such instrument:
Provided that, ––
(a) no such prosecution shall be instituted where the amount (including duty and penalty) which,
according to the determination of such Court, was payable in respect of the instrument under section
1. The words “Chief Court or Judicial Commissioner’s Court” omitted by the A.O. 1948.
-----
35, is paid to the Collector, unless he thinks that the offence was committed with an intention of
evading payment of the proper duty;
(b) except for the purposes of such prosecution, no declaration made under this section shall
affect the validity of any order admitting any instrument in evidence, or of any certificate granted
under section 42.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 61. –In section 61 of the principal Act, in sub-section (1), for the words and**
figures "Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898," the worth and figures
"sections 125 to 128 and sections 145 to 148 of the Code of Criminal Procedure, 1973" shall be
substitute.
[Vide Uttar Pradesh Act 6 of 1980, s. 9]
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE
**62. Penalty for executing, etc., instrument not duly stamped. ––(1) Any person––**
(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or
presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner
negotiating, any bill of exchange [1][payable otherwise than on demand] [2]*** or promissory note
without the same being duly stamped; or
(b) executing or signing otherwise than as a witness any other instrument chargeable with duty
without the same being duly stamped; or
(c) voting or attempting to vote under any proxy not duly stamped,
shall for every such offence be punishable with fine which may extend to five hundred rupees:
Provided that, when any penalty has been paid in respect of any instrument under section 35, section
40 or section 61, the amount of such penalty shall be allowed in reduction of the fine, (if any)
subsequently imposed under this section in respect of the same instrument upon the person who paid such
penalty.
(2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also
every person who, at the time when it is issued, is the managing director or secretary or other principal
officer of the company, shall be punishable with fine which may extend to five hundred rupees.
**STATE AMENDMENT**
**Arunachal Pradesh**
**Amendment of sections 62.—In the Indian Stamp act, 1899 (2 of 1899) in its application to the state**
of Arunachal Pradesh.
(1) (i) in section 62, in clause (c), for the words “five hundred rupees”, the words “two thousand
rupees” shall be substituted.
(ii) in section 62, in sub-section (2), for the words “five hundred rupees”, the words “five
thousand rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
1. Ins. by Act 5 of 1927, s. 5.
2. The word “cheque” omitted by s. 5, ibid.
-----
**Uttarakhand**
**Amendment of section 62.—In sub-section (1) of section 62 of the Principal Act for the words,**
“shall for every such offence, be punishable with fine which may extend to five hundred rupees”, shall be
substituted as follows, namely:-
“shall for every such offence, be punishable with fine which may extend to five thousand rupees”.
[Vide Uttarakhand Act 1 of 2016, s. 10]
1[62A. Penalty for failure to comply with provisions of section 9A.––(1) Any person who,––
(a) being required under sub-section (1) of section 9A to collect duty, fails to collect the same; or
(b) being required under sub-section (4) of section 9A to transfer the duty to the State
Government within fifteen days of the expiry of the time specified therein, fails to transfer within
such time,
shall be punishable with fine which shall not be less than one lakh rupees, but which may extend up to
one per cent. of the collection or transfer so defaulted.
(2) Any person who,—
(a) being required under sub-section (5) of section 9A to submit details of transactions to the
Government, fails to submit the same; or
(b) submits a document or makes a declaration which is false or which such person knows or
believes to be false,
shall be punishable with fine of one lakh rupees for each day during which such failure continues or one
crore rupees, whichever is less.]
**Uttar Pradesh**
**Amendment of section 62.— In section 62 of the principal Act, in sub-section (1), for the words, "shall,**
for every such offence, be punishable with fine which may extend to five hundred rupees", the words,
"shall, for every such offence, be punishable with imprisonment for a term which shall not be less than
one month but which may extend to six months and with fine which may extend to five thousand rupees"
shall be substituted.
[Vide Uttar Pradesh Act 38 of 2001, s. 9]
**63. Penalty for failure to cancel adhesive stamp.––Any person required by section 12 to cancel an**
adhesive stamp, and failing to cancel such stamp in manner prescribed by that section, shall be punishable
with fine which may extend to one hundred rupees.
**STATE AMENDMENT**
**Arunachal Pradesh**
**Amendment of sections 63,-**
(2) in section 63, for the words “one hundred rupees”, the words “five hundred rupees” shall be
substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
**64. Penalty for omission to comply with provisions of section 27.––Any person who, with intent to**
defraud the Government,––
(a) executes any instrument in which all the facts and circumstances required by section 27 to be
set forth in such instrument are not fully and truly set forth; or
(b) being employed or concerned in or about the preparation of any instrument, neglects or omits
fully and truly to set forth therein all such facts and circumstances; or
1. Ins. by Act 7 of 2019, s. 18 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
-----
(c) does any other act calculated to deprive the Government of any duty or penalty under this Act;
shall be punishable with fine which may extend to five thousand rupees.
**STATE AMENDMENT**
**Orissa**
**Amendment of Section 64.––In section 64 of the Principal Act, the words “and where the person is**
liable to pay the duty shall also be liable to pay the deficient amount of duty” shall be added at the end.
[Vide Orissa Act 7 of 1987, s. 8]
**Arunachal Pradesh**
**Amendment of sections 64,-**
(3) in section 64, in clause (c), for the words “five thousand rupees”, the words “ten thousand rupees”
shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
**Uttar Pradesh**
**Amendment of section 64.—** In. section 64 of the principal Act, for the words, "with fine which may
extend to five thousand rupees," the words “imprisonment for a term which may extend to three months
or with fine which may extend to ten thousand rupees or with both" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 7]
**Insertion of new sections 64-A and 64-B. After section 64 of the principal Act, the following**
sections shall be inserted, namely :—
**"64-A.Penalty for omission to comply with sections II-A and article 25-A of Schedule I-B.—Any**
person who either refuses or neglects to stamp a counter-part or-duplicate (including counterfoil or carbon
as-copy) of any bill or cash memo on the date of its issue in accordance with Article 25-A of Schedule IB or fails to pay the duty in cash in accordance with section II-A or where the same is paid in cash, fails
to maintain a proper account thereof in accordance with sub-section (2) of section 11-A, shall for every
such offence be punishable with fine which may extend to five hundred rupees.
**64-B.** **Recovery of amount of deficit stamp duty.—(1) Where any person liable to pay duty under**
this Act is convicted of an offence under section 62 or 64, in respect of any instrument (not being an
instrument specified in Entry 91 of List I in the Seventh Schedule to the Constitution), the Magistrate
shall in addition to any punishment which may be imposed for such offence, direct recovery of the
amount of duty .and penalty, if any, due under this Act from such person in respect of that instrument, and
such amount shall also be recoverable as if it were a fine imposed by the Magistrate.
(2) Upon such recovery the Collector shall thereupon certify by endorsement on the instrument that
proper duty or penalty, as the case may be, has been levied in respect thereof.”
[Vide Uttar Pradesh Act 49 of 1975, s. 8]
**65. Penalty for refusal to give receipt, and for devices to evade duty on receipts.––Any person**
who,––
(a) being required under section 30 to give a receipt, refuses or neglects to give the same; or,
(b) with intent to defraud the Government of any duty, upon a payment of money or delivery of
property exceeding twenty rupees in amount or value, gives a receipt for an amount or value not
exceeding twenty rupees, or separates or divides the money or property paid or delivered;
shall be punishable with fine which may extend to one hundred rupees.
**STATE AMENDMENT**
**Arunachal Pradesh**
**Amendment of sections 65,-**
(4) in section 65, in clause (b), for the words “one hundred rupees”, the words “five hundred
rupees” shall be substituted.
-----
[Vide Arunachal Pradesh 3 of 2010, s. 2]
**66. Penalty for not making out policy or making one not duly stamped.––Any person who––**
(a) receives, or takes credit for, any premium or consideration for any contract of insurance and
does not, within one month after receiving, or taking credit for, such premium or consideration, make
out and execute a duly stamped policy of such insurance; or
(b) makes, executes or delivers out any policy which is not duly stamped, or pays or allows in
account, or agrees to pay or allow in account, any money upon, or in respect of, any such policy;
shall be punishable with fine which may extend to two hundred rupees.
**STATE AMENDMENT**
**Arunachal Pradesh**
**Amendment of sections 66,-In section 66, in clause (b), for the words “two hundred rupees”, the words**
“five hundred rupees” shall be substituted.
[Vide Arunachal Pradesh 3 of 2010, s. 2]
**67. Penalty for not drawing full number of bills or marine policies purporting to be in sets.––**
Any person drawing or executing a bill of exchange [1][payable otherwise than on demand] or a policy of
marine insurance purporting to be drawn or executed in a set of two or more, and not at the same time
drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or
policy purports the set to consist, shall be punishable with fine which may extend to one thousand rupees.
**STATE AMENDMENT**
**Arunachal Pradesh**
**Amendment of sections 67,-**
In section 67, for the words “one thousand rupees” the words “two thousand rupees” shall be substituted.
[Vide Arunachal Pradesh 3 of 2010, s. 2]
**68. Penalty for post-dating bills, and for other devices to defraud the revenue.––Any person**
who, ––
(a) with intent to defraud the Government of duty, draws, makes or issues any bill of exchange or
promissory note bearing a date subsequent to that on which such bill or note is actually drawn or
made; or,
(b) knowing that such bill or note has been so post-dated, endorses, transfers, presents for
acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any manner
negotiate the same; or,
(c) with the like intent, practices or is concerned in any act, contrivance or device not specially
provided for by this Act or any other law for the time being in force;
shall be punishable with fine which may extend to one thousand rupees.
**STATE AMENDMENT**
**Arunachal Pradesh**
**Amendment of sections 68,-**
(7) in section 68, in clause (c), for the words “one thousand rupees”, the words “two thousand
rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
1. Ins. by Act 5 of 1927, s. 5.
-----
**69. Penalty for breach of rule relating to sale of stamps and for unauthorised sale.––(a) Any**
person appointed to sell stamps who disobeys any rule made under section 74; and
(b) any person not so appointed who sells or offers for sale any stamp (other than a [1][ten naye paise or
five nayepaise] adhesive stamp);
shall be punishable with imprisonment for a term which may extend to six months, or with fine which
may extend to five hundred rupees, or with both.
**STATE AMENDMENT**
**Arunachal Pradesh**
**Amendment of sections 69,-**
(8) in section 69, in clause (b), for the words “five hundred rupees”, the words “five thousand
rupees” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
**70. Institution and conduct of prosecutions.––(1) No prosecution in respect of any offence**
punishable under this Act or any Act hereby repealed, shall be instituted without the sanction of the
Collector or such other officer as [2] [the [3] [State Government]] generally, or the Collector specially,
authorizes in that behalf.
(2) The Chief Controlling Revenue-authority, or any officer generally or specially authorized by it in
this behalf, may stay any such prosecution or compound any such offence.
(3) The amount of any such composition shall be recoverable in the manner provided by section 48.
**71. Jurisdiction of Magistrate.––No Magistrate other than a Presidency Magistrate or a Magistrate**
whose powers are not less than those of a Magistrate of the second class, shall try any offence under this
Act.
**72. Place of trial.––Every such offence committed in respect of any instrument may be tried in any**
district or presidency-town in which such instrument is found, as well as in any district or presidencytown in which such offence might be tried under the Code of Criminal Procedure for the time being in
force.
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
**73. Books, etc., to be open to inspection.–– Every public officer having in his custody any registers,**
books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or
to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable
times permit any person authorized in writing by the Collector to inspect for such purpose the registers,
books, papers, documents and proceedings, and to take such notes and extracts as he may deem
necessary, without fee or charge.
**STATE AMENDMENT**
## Orissa
**Amendment of section 73.––For section 73 of the principal Act, the following section shall be**
substituted, namely:—
(1) Every public officer or any person having in his custody any registers, books, records, papers,
documents or proceedings, the inspections whereof may tend to secure any duty, or to prove or lead to
the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any
officer authorized in writing by the Collector to enter upon any premises and to inspect for such purposes
the registers, books, records, papers, documents and proceedings and to take such notes and extracts, as
he may deem necessary, without fee or charge and if necessary to seize them and impound the same under
proper acknowledgement:
1. Subs. by Act 19 of 1958, s. 10, for “one anna or half an anna” (w.e.f. 1-10-1958).
2. Subs. by the A.O. 1937, for “the L.G.”.
3. Subs. by the A.O. 1950, for “collecting Government”.
-----
Provided that such seizure of any registers, books, records, papers, documents or proceedings in the
custody of any Bank be made only after a notice of thirty days to make good the deficit of stamp duty is
given.
_Explanation—For the purposes of this proviso ‘Bank’ means a banking company as defined in_
section 5 of the Banking Regulation Act, 1949 and includes the State Bank of India, constituted by the
State Bank of India Act, 1955, a subsidiary bank as defined in the State Bank of India (Subsidiary Bank)
Act, 1959 corresponding new Bank as define in the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1980, a Regional Rural Bank established under the Regional Rural Bank Act, 1976,
the Industrial Development Bank of India Act, 1964, National Bank of Agriculture and Rural
Development Act, 1981, the Life Insurance Corporation Act, 1956, the Industrial Fiancé Corporation of
India established under the Industrial Finance Corporation Act, 1948, and as such other financial or
banking institution owned, controlled or managed by a State Government or the Central Government, as
may be notified in this behalf by the Government.
(2) Every person having in his custody or maintaining such registers, books, records, papers,
documents or proceedings shall, when so required by the officer authorized under sub-section (1),
produce them before such officer and at all reasonable times permit such officer to inspect them and take
such notes and extracts as he may deem necessary.
(3) if, upon such inspection, the officer so authorized, is of opinion that any instrument is chargeable
with duty and is not duly stamped, he shall require the payment of the proper duty or the amount required
to make up the same form the person liable to pay the stamp duty and in case of default the amount of the
duty shall be recovered as an arrear of land revenue.
[Vide Orissa Act 1 of 2003, s. 6]
**Orissa**
**Amendment of Section 73. —In Explanation to sub-section (1) of Section 73 of the Indian Stamp**
Act, 1899, (2 of 1899) for the words and figures “the Industrial Finance Corporation of India established
under the Industrial Finance Corporation Act, 1948”, the words and figures “other public financial
institutions notified under Section 4-A of the Companies Act, 1956 (1 of 1956)” shall be substituted.
[Vide Orissa Act 5 of 2004, s. 2]
**Uttar Pradesh**
**Inserted of new section 73-A—After section 73 of the principal Act, the following section shall be inferred,**
namely :—
“73-A. Collector’s power to authorize officer to enter premises and inspect certain
**documents".—(1) Where the Collector has reason to believe that all or any of the instruments specified**
in Articles 5 and 43 of the Schedule 1-B have not been charged at all or have been incorrectly charged
with duty leviable under this Act, he may authorize in writing any officer to enter upon any premises
where the Collector has reason to believe that any registers, books, records, papers, documents or
proceedings relating to or in connection with any such instrument are kept and to inspect them, and to
take such notes and extracts as such officer deems necessary.
(2) Every person having in his custody or maintaining such registers, books, records, papers,
documents or proceedings shall at all reasonable times, permit such officer to inspect them and to take
such notes and extracts as he may deem necessary."]
[Vide Uttar Pradesh Act 6 of 1980, s. 10]
**Amendment of section 73--In seetion:73-A of the principal Act –**
(a) for sub-section (1) the following sub-section shall be substituted namely :—
"(1) 'Where the Collector has reason to believe that any instrument chargeable to duty has not
been charged at all or has been incorrectly charged with duty leviable under this Act, he or any
other Officer authorized by him writing in This behalf may enter upon any premises where the
Collector has reason to believe that any registers, books, records papers, maps, documents or
proceedings relating to or in connection with any such instrument are kept and to inspect them
and to take such notes, copies and extracts as the Collector or such officer deems necessary."
-----
(b) in sub section (2) after the word ''papers" the Word "maps" and after the word "notes" the
word "copies” shall be inserted.
[Vide Uttar Pradesh Act 22 of 1998, s. 8]
1 [73-A. Power of Central Government to make rules.—(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the provisions of Part AA of Chapter II.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may
make rules for all or any of the following matters, namely:––
(a) the manner of collection of stamp-duty on behalf of the State Government by the stock exchange
or the clearing corporation authorised by it, from its buyer under clause (a) of sub-section (1) of section
9A;
(b) the manner of collection of stamp-duty on behalf of the State Government by the depository from
the transferor under clause (b) of sub-section (1) of section 9A;
(c) the manner of collection of stamp-duty on behalf of the State Government by the depository from
the issuer under clause (c) of sub-section (1) of section 9A;
(d) the manner of transfer of stamp-duty to the State Government under sub-section (4) of section 9A;
(e) any other matter which has to be, or may be, provided by rules.]
**2[73B. Power to issue directions and to authorise certain authorities to issue instructions, etc.––**
The Central Government may,––
(a) issue directions relating to such matters and subject to such conditions, as it deems necessary;
(b) in writing, authorise the Securities and Exchange Board of India established under section 3 of
the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Reserve Bank of India
constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934) to issue instructions,
circulars or guidelines,
for carrying out the provisions of Part AA of Chapter II and the rules made there under.]
**74. Powers to make rules relating to sale of stamps.––The [3][State Government] [4]*** may make**
rules for regulating––
(a) the supply and sale of stamps an stamped papers,
(b) the persons by whom alone such sale is to be conducted, and
(c) the duties and remuneration of such persons:
Provided that such rules shall not restrict the sale of [5][ten nayepaise or five nayapaise] adhesive
stamps.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 74.— In section 74 of the principal Act, for clause (c), the following clause shall**
be substituted, namely :—
“(c) the duties and remuneration of and the fees chargeable from such person.”
[Vide Uttar Pradesh Act 22 of 1998, s. 9]
**75. Power to make rules generally to carry out Act. ––The [3][State Government] may make rules to**
carry out generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no
case exceed five hundred rupees, to be incurred on breach thereof.
1. Ins. by Act 7 of 2019, s. 19 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. Ins. by Act 12 of 2020, s. 144 (w.e.f. 1-4-2020).
3. Subs. by the A.O. 1950, for “collecting Government”.
4. The words “Subject to the Control of the G.G. in C” omitted by the A.O.1937.
5. Subs. by Act 19 of 1958 s. 10, for “one anna or half an anna” (w.e.f. 1-10-1958).
-----
**76. Publication of rules.** ––[1][(1) All rules made under this Act shall be published in the Official
Gazette.]
(2) All rules published as required by this section shall, upon such publication, have effect as if
enacted by this Act.
2[(2A) Every rule made by the Central Government under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.]
[3][(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it
is made, before the State Legislature.]
4[76A.Delegation of certain powers .––5[6*** The State Government may, by notification in the
Official Gazette], delegate––
(a) all or any of the powers conferred on it by sections 2(9), 33(3), (b), 70(1), 74 and 78 to the
Chief Controlling Revenue-authority; and
(b) all or any of the powers conferred on the Chief Controlling Revenue-authority by sections 45
(1), (2), 56 (1) and 70 (2) to such subordinate Revenue-authority as may be specified in the
notification.]
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 76-A to Act no. II of 1899.—In section 76-A of the Indian Stamp Act, 1899, as**
amended in its application to Uttar Pradesh, in clause (b) for the figures “56 (1)” the figures and letter “56
(1) (1-A)” shall be substituted.
[Vide Uttar Pradesh Act 1 of 2016, s. 2]
**77. Saving as to court-fees.––Nothing in this Act contained shall be deemed to affect the duties**
chargeable under any enactment for the time being in force relating to court-fee.
**STATE AMENDMENT**
**Himachal Pradesh**
**Amendment of Section 77. ––At the beginning of section 77 of the said Act the following words**
shall be inserted, namely:
“Except for the provisions as to copies contained in section 6-A”.
[Vide Himachal Pradesh Act 4 of 1953, s. 11]
**Orissa**
**Section 77-A, Act 2 of 1899.––After section 77 of the principal Act the following new section shall**
be inserted, namely:––
1. Subs. by the A.O. 1937, for sub-section (1).
2. Ins. by Act 7 of 2019, s. 20 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
3. Ins. by Act 4 of 2005, s. 2 and the Schedule.
4. Ins. by Act 4 of 1914, s. 2 and the Schedule Pt. I.
5. Subs. by the A.O. 1937, for “The Local Government may, by notification in the Local Official Gazette”.
6. The words, figures and brackets “The Central Government subject to the provision of section 124(1) of the Government of
India Act, 1935, and” omitted by the A.O. 1950.
-----
**77-A.** **Fractions of five naye paise to be rounded off.–– In the determination of the amount of duly**
payable or of allowance to be made under this Act, any fraction of five naye paise shall be rounded off to
the next higher five naye paise.
[Vide Orissa Act 35 of 1962, s. 3]
1[77A. Saving as to certain stamps.––All stamps in denominations of annas four or multiples thereof
shall be deemed to be stamps of the value of twenty-five nayepaise or, as the case may be, multiples
thereof and shall, accordingly, be valid for all the purposes of this Act.]
**STATE AMENDMENT**
**Orissa**
Repeal of section 77-A, (Act 2 of 1899). –– Section 77-A of the Indian Stamp Act, 1899 (2 of 1899)
(hereinafter referred a to as the principal Act), shall be omitted.
[Vide Orissa Act 9 of 1970, s. 2]
**78. Act to be translated, and sold cheaply. –– Every State Government shall make provision for the**
sale of translations of this Act in the principal vernacular languages of the territories administered by it at
a price not exceeding [2][twenty-five nayepaise] per copy.
**STATE AMENDMENT**
**Assam**
**Substitution of section 78.—In the principal Act, for section 78, the following shall be substituted,**
namely,—
**“78. Duty or allowance to be rounded off to 78 the next rupee.—If the total amount of duty**
payable, or of allowance to be made under this Act is not a round figure, the total amount shall be
rounded off the next rupee.”
[Vide Assam Act 22 of 2004, s. 5]
**Uttar Pradesh**
**Omission of section 78.— Section 78 of the principal Act shall be omitted.**
[Vide Uttar Pradesh Act 22 of 1998, s. 10]
**79. [Repealed.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914) s. 3 and Schedule II.**
1. Ins. by Act 19 of 1958, s. 11 (w.e.f. 1-10-1958).
2. Subs. by Act 19 of 1958, s. 12, “four annas” (w.e.f. 1-10-1958).
-----
SCHEDULE 1
STAMP-DUTYON INSTRUMENTS
(See section 3)
Description of Instrument Proper Stamp-duty
1 **[5. AGREEMENT OR MEMORANDUM OFAN**
**AGREEMENT—**
(a) if relating to the sale of a bill of exchange;
(b) if relating to the sale of a Government security
or share in an incorporated company or other body
corporate;
Two annas.
Subject to a maximum of ten rupees, one anna
for every Rs. 10,000 or part thereof of the value
of the security or share.
(c) if not otherwise provided for Eight annas.
_Exemptions_
Agreement or memorandum of agreement—
(a) for or relating to the sale of goods or merchandise
exclusively, not being a NOTEOR MEMORANDUM
chargeable under No. 43;
(b) made in the form of tenders to the Central
Government for or relating to any loan;
2* * * *
**AGREEMENT TO LEASE. See LEASE (No. 35).**
3[6.AGREEMENT RELATING TO DEPO- SIT
**OF TITLE-DEEDS, PAWN OR PLEDGE, that is**
to say, any instrument evidencing an agreement
relating to —
(1) the deposit of title-deeds or instruments
constituting or being evidence of the title to any
property whatever (other than a marketable security);
or
(2) the pawn or pledge of movable property,
where such deposit, pawn or pledge has been made
by way of security for the repayment of money
advanced or to be advanced by way of loan or an
existing or future debt—
(a) if such loan or debt is repayable on demand or The same duty as a Bill of Exchange [No. 13 (b)]
more than three months from the date of the
for the amount secured.
instrument evidencing the agreement;
(b) if such loan or debt is repayable not more than Half the duty payable on a Bill of Exchange [No.
three months from the date of such instruments. 13 (b)] for the amount secured.
_Exemption_
Instrument of pawn or pledge of goods if unattested.]
**7. APPOINTMENT IN EXECUTION OF A** Fifteen rupees.
**POWER, whether of trustees or of property, movable**
or immovable, where made by any writing not being
a will.
1. Subs. by Act 6 of 1910, s.3, for article 5.
2. Clause (c) omitted by the A.O. 1950.
3. Subs. by Act 15 of 1904, s. 8, for article. 6.
-----
Description of Instrument Proper Stamp-duty
**8. APPRAISEMENT OR VALUATION made**
otherwise than under an order of the Court in the
course of a suit—
(a) where the amount does not exceed Rs. 1,000; The same duty as a Bond (No. 15) for such
amount.
(b)inan other case……………………………. Five rupees.
_Exemptions_
(a) Appraisement or valuation made for the
information of one party only, and not being in any
manner obligatory between parties either by agreement or
operation of law.
(b) Appraisement of crops for the purpose of
ascertaining the amount to be given to a landlord as rent.
**9. APPRENTICESHIP-DEED, including every** Five rupees.
writing relating to the service or tuition of any apprentice,
clerk or servant, placed with any master to learn any
profession, trade or employment, not being ARTICLES
OF CLERKSHIP, (No. 11).
_Exemption_
Instruments of apprenticeship executed by a Magistrate
under the [1]Apprentices Act, 1850 (XIX of 1850), or by
which a person is apprenticed by or at the charge of any
public charity.
**10. ARTICLES OF ASSOCIATION OF A** Twenty-five rupees.
**COMPANY.**
_Exemption_
Articles of any Association not formed for profit
and registered under section 26 of the [2] Indian
Companies Act, 1882 (VI of 1882).
_See also_ MEMORANDUM OF ASSOCIATION OF A
COMPANY (No.39).
**11. ARTICLES OF CLERKSHIP** or contract Two hundred and fifty rupees.
whereby any person first becomes bound to serve as
a clerk in order to his admission as an attorney in any
High Court.
**ASSIGNMENT.** _See_ CONVEYANCE (No. 23),
TRANSFER (No. 62), and TRANSFEROF LEASE (No.
63), as the case may be.
**ATTORNEY.** _See_ ENTRYAS AN ATTORNEY (No.
30) and POWEROF ATTORNEY (No. 48).
**AUTHORITY TO ADOPT. See ADOPTION-DEED**
(No. 3).
1. See now the Apprentices Act, 1961 (52 of 1961).
2. See now the Companies Act, 1956 (1 of 1956).
-----
Description of Instrument Proper Stamp-duty
**12. AWARD, that is to say, any decision in**
writing by an arbitrator or umpire, not being an
award directing a partition, on a reference made
otherwise than by an order of the Court in the
course of a suit—
(a) where the amount or value of the property to
which the award relates as set forth in such award
does not exceed Rs. 1,000;
(b) in any other case…………………………
_Exemption_
Award under the [1] Bombay District Municipal
Act, 1873 (Bom. Act 6 of 1873), section 81, or the
Bombay Hereditary Offices Act, 1874 (Bom. Act (3of
1874), section 18.
2 **[13. BILL OF EXCHANGE as defined by**
s.2(2), not being a Bond, bank-note or currencynote—
(b)where payable otherwise than on demand—
(i) where payable not more than three months
after date or sight—
if the amount of the bill or note does not
exceed Rs. 500;
if it exceeds Rs. 500 but does not exceed
Rs. 1,000;
and for every additional Rs. 1,000 or part thereof
in excess of Rs. 1,000;
(ii)where payable more than three months but
not more than six months after date or sight—
if the amount of the bill or note does not
exceed Rs. 500;
if it exceeds Rs. 500 but does not exceed
Rs. 1,000;
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 1,000;
(iii) where payable more than six months but
not more than nine months after date or sight—
if the amount of the bill or note does not
exceed Rs. 500;
The same duty as a Bond (No. 15) for such
amount.
Five rupees.
Thirty paise.
Sixty paise.
Sixty paise.
Sixty paise.
One rupee twenty paise.
One rupee twenty paise.
Ninety paise.
1. See now the Bombay District Municipal Act, 1901 (Bom. Act 3 of 1901).
2. Subs. by notification No. S.O. 130(E), dated 28-1-2004, for articles 13 and 14.
-----
Description of Instrument Proper Stamp duty
if it exceeds Rs. 500 but does not exceed Rs. 1,000;
and for every additional Rs. 1,000 or part thereof in
excess of Rs. 1,000;
(iv)where payable more than nine months but not
more than one year after date or sight—
if the amount of the bill or note does not exceed
Rs. 500;
if it exceeds Rs. 500 but does not exceed Rs.
1,000;
and for every additional Rs. 1,000 or part thereof in
excess of Rs. 1,000;
(c)where payable at more than one year after date or
sight—
One rupee eighty paise.
One rupee eighty paise.
One rupee twenty five paise.
Two rupees fifty paise.
Two rupees fifty paise.
if the amount of the bill or note does not exceed Rs. 500; Two rupees fifty paise.
if it exceeds Rs. 500 but does not exceed Rs. 1,000; Five rupees.
and for every additional Rs. 1,000 or part thereof in
excess of Rs. 1,000;
**14. BILL OF LADING (including a through bill of**
lading).
_Exemptions_
(a) Bill of lading when the goods therein described
are received at a place within the limits of any port as
defined under the Indian Ports Act, 1889 (10 of1889), and
are to be delivered at another place within the limits of the
same port.
(b) Billof lading when executed out of India and
relating to property to be delivered in India.
**15. BOND** [as defined by section 2(5)] not being a
DEBENTURE (No. 27) and not being otherwise provided for
by this Act, or by the Court-fees Act, 1870 (7 of 1870),—
Five rupees.
One rupee.
_N.B.—If a bill of lading is drawn_
in parts, the proper stamp
therefore must be borne by
each one of the set.]
where the amount or value secured does not exceed Rs. 10; Two annas.
where it exceeds Rs. 10 and does not exceed Rs. 50; Four annas.
-----
Description of Instrument Proper Stamp duty
where it exceeds Rs. 50 and does not exceed Rs. 100 Eight annas.
where it exceeds Rs. 100 and does not exceed Rs. 200 One rupee.
where it exceeds Rs. 200 and does not exceed Rs. 300 One rupee eight annas.
where it exceeds Rs. 300 and does not exceed Rs. 400 Two rupees.
where it exceeds Rs. 400 and does not exceed Rs. 500 Two rupees eight annas.
where it exceeds Rs. 500 and does not exceed Rs. 600 Three rupees.
where it exceeds Rs. 600 and does not exceed Rs. 700 Three rupees eight annas.
where it exceeds Rs. 700 and does not exceed Rs. 800 Four rupees.
where it exceeds Rs. 800 and does not exceed Rs. 900 Four rupees eight annas.
where it exceeds Rs. 900 and does not exceed Rs. 1,100 Five rupees.
and for every Rs. 500 or part thereof in excess of Rs. 1,000 Two rupees eight annas.
_See_ ADMINISTRATION BOND (No. 2), BOTTOMRY BOND (No.
16), CUSTOMS BOND (No. 26), INDEMNITY BOND (No. 34),
RESPONDENTIA BOND (No. 56), SECURITY BOND (No. 57).
_Exemptions_
Bond, when executed by—
(a) headmen nominated under rules framed in
accordance with the Bengal Irrigation Act, 1876 (Ben. Act 3
of 1876), section 99, for the due performance of their duties
under that Act;
(b) any person for the purpose of guaranteeing that
the local income derived from private subscriptions to a
charitable dispensary or hospital or any other object of
public utility shall not be less than a specifed sum per
mensem.
**16. BOTTOMRY BOND, that is to say, any instrument** The same duty as a Bond
where by the master of a sea-going ship borrows money on the
(No. 15) for the same amount.
security of the ship to enable him to preserve the ship or
prosecute her voyage.
**17. CANCELLATION—Instrument of (including any** Five rupees.
instrument by which any instrument previously executed is
cancelled), if attested and not otherwise provided for.
_See also Release (No. 55), Revocation of Settlement (No. 58-B),_
Surrender of Lease (No. 61), Revocation of Trust (No. 64-B).
**18. CERTIFICATE OF SALE (in respect of each property**
put up as a separate lot and sold) granted to the purchaser of any
property sold by public auction by a Civil or Revenue Court, or
Collector or other Revenue-officer—
(a) where the purchase-money does not exceed Rs. 10; Two annas.
(b) where the purchase-money exceeds Rs. 10 but
does not exceed Rs. 25;
Four annas.
(c) in any other case ....................... The same duty as a
conveyance (No. 23) for a
consideration equal to the
amount of the purchasemoney only.
-----
Description of Instrument Proper Stamp-duty
**19. CERTIFICATE OR OTHER DOCUMENT** **[1]** **[(except the**
**certificate or other document covered under Articles 27 and**
**56A)”evidencing the right or title of the holder thereof, or any other person,**
either to any shares, scrip or stock in or of any incorporated company or other
body corporate, or to become proprietor of shares, scrip or stock in or of any
such company or body.
_2* * * *._
**20. CHARTER-PARTY,** that is to say, any instrument (except
agreement for the hire of a tug-steamer) whereby a vessel or some specified
principal part thereof is let for the specified purposes of the charterer, whether
it includes a penalty clause or not.
3 [Two anna].
One rupee.
4* * * *
**22. COMPOSITION-DEED, that is to say, any instrument executed by**
a debtor whereby he conveys his property for the benefit of his creditors, or
whereby payment of a composition or dividend on their debts is secured to
the creditors, or whereby provision is made for the continuance of the debtor's
business, under the supervision of inspectors or under letters of licence, for
the benefit of his creditors.
**23. CONVEYANCE** [as defined by section 2 (10)] not being a
Transfer charged or exempted under No. 62,—
where the amount or value of the consideration for such
conveyance as set forth therein does not exceed Rs. 50:
where it exceeds Rs. 50 but does not exceed Rs. 100.
Ditto 100 ditto 200 Two rupees.
Ditto 200 ditto 300 Three rupees.
Ditto 300 ditto 400 Four rupees.
Ditto 400 ditto 500 Five rupees.
Ditto 500 ditto 600 Six rupees.
Ditto 600 ditto 700 Seven rupees.
Ditto 700 ditto 800 Eight rupees.
Ditto 800 ditto 900 Nine rupees.
Ditto 900 ditto 1,000 Ten rupees.
and for every Rs. 500 or part thereof in excess of Rs. 1,000
_Exemption_
5[(a)Assignment of copyright by entry made under the6Indian Copyright
Act, 1847 (20 of 1847) section 5.]
**7[(b) for the purpose of this article, the portion of duty paid in respect of**
a document falling under article No. 23A shall be excluded while computing
the duty payable in respect of a corresponding document relating to the
completion of the transaction in any Union territory under this article.]
CO-PARTNERSHIP-DEED. See Partnership (No. 46.)
5[23A. **CONVEYANCE** **IN** **THE** **NATURE** **OF** **PART**
**PERFORMANCE—Contracts for the transfer of immovable property in the**
nature of part performance in any Union territory under section 53A of the
Transfer of Property Act, 1882 (4 of 1882).
Ten rupees.
Eight annas.
One rupees.
Five rupees.
Ninety per cent. of the duty as a
Conveyance (No. 23).]
1. Ins. by Act 7 of 2019, s. 21 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. The words, brackets and figures “See also LETTER OF ALLOTMENT OF SHARES (No. 36)” omitted by s. 21, ibid. (w.e.f.
1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
3. Subs. by Act 43 of 1923 s. 2, for “One anna”.
4. Art. 21 omitted by Act 5 of 1927, s. 5.
5. Certain words and figure numbered as clause (a) thereof by Act 48 of 2001, s. 11 (w.e.f. 24-9-2001).
6. See now the Copyright Act, 1957 (14 of 1957).
7. Ins. by Act 48 of 2001, s. 11 (w.e.f. 24-9-2001).
-----
Description of Instrument Proper Stamp-duty
**24. COPY OR EXTRACT** certified to be a true copy or
extract, by or by order of any public officer and not chargeable
under the law for the time being in force relating to court-fees—
(i)if the original was not chargeable with duty or if the duty
with which it was chargeable does not exceed one rupee;
(ii) in any other case…………………
_Exemptions_
(a)Copy of any paper which a public officer is expressly
required by law to make or furnish for record in any public office
or for any public purpose.
1[(b) Copy of, or extract from, any register relating to births,
baptisms, namings, dedications, marriages, [2][divorces,] deaths or
burials].
**25. COUNTERPART OR DUPLICATE of any instrument**
chargeable with duty and in respect of which the proper duty has
been paid,—
(a) if the duty with which the original instrument is
chargeable does not exceed one rupee;
(b) in any other case ..................
_Exemption_
Counterpart of any lease granted to a cultivator, when
such lease is exempted from duty.
**26. CUSTOMS BOND—**
(a) where the amount does not exceed Rs. 1,000;
(b)in any other case ..........................
3[27. DEBENTURE—[as defined by section 2(10A)]
(see section 9A and 9B)
Eight annas.
One rupee.
The same duty as is payable on the
original.
One rupee.
The same duty as a Bond (No. 15)
for such amount.
Five rupees.
(a)in case of issue of debenture; 0.005%
(b) in case of transfer and re-issue of debenture. 0.0001%]
Description of Instrument Proper Stamp-duty
1. Subs. by Act 5 of 1906, s. 7, for clauses (b) and (c).
2. Ins. by Act 10 of 1914, s. 2 and the First Schedule.
3. Subs. by Act 7 of 2019, s. 21, for article 27 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
-----
_Explanation.—The term “Debenture” includes any interest_
coupons attached thereto but the amount of such coupons shall not
be included in estimating the duty.
_Exemption_
A debenture issued by an incorporated company or other body
corporate in terms of a registered mortgage-deed, duly stamped in
respect of the full amount of debentures to be issued thereunder,
whereby the company or body borrowing makes over, in whole or
in part, their property to trustees for the benefit of the debenture
holders:
Provided that the debentures so issued are expressed to be
issued in terms of the said mortgage-deed.
_See also BOND (NO. 15): and sections 8 and 55._
**28.** **DELIVERY** **ORDER** **IN** **RESPECT** **OF**
**GOODS,[1][(excluding delivery order in respect of settlement of**
transactions in securities in stock exchange)] that is to say, any
instrument entitling any person therein named, or his assigns, or
the holder thereof, to the delivery of any goods lying in any dock
or port, or in any warehouse in which goods are stored or
deposited on rent or hire, or upon any wharf, such instrument
being signed by or on behalf of the owner of such goods, upon the
sale or transfer of the property therein, when such goods exceed in
value twenty rupees.
**DEPOSITOFTITLE-DEEDS** 2 [SEE AGREEMENT RELATINGTO
DEPOSITOFTITLE-DEEDS PAWN OR PLEDGE (NO. 6)].
**DISSOLUTION OF PARTNERSHIPSee PARTNERSHIP (No. 46).**
**29. DIVORCE.—Instrument of, that is to say, any instrument by**
which any person effects the dissolution of his marriage.
**DOWER—Instrument of See SETTLEMENT (No. 58).**
**DUPLICATE. See COUNTERPART (No. 25).**
**30.** **ENTRY** **AS** **AN** **ADVOCATE,** **VAKIL** **OR**
**ATTORNEY ON THE ROLL OF ANY HIGH COURT[3][under**
the Indian Bar Councils Act, 1926 (38 of 1926) or] in exercise of
powers conferred on such court by Letters patent or by the [4]Legal
Practitioners Act, 1884 (9 of 1884)—
(a) in the case of an Advocate or Vakil……….
(b) in the case of an Attorney……..
_Exemption_
entry of an advocate, vakil or attornery on the roll of any High
court when he has previously been enrolled in a High Court.
5 * * *
- *
1. Ins. by Act 7 of 2019, s. 21 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. Subs. by Act 15 of 1904, s. 8, for “See Agreement by way of Equitable Mortgage (No. 6)”.
3. Ins. by Act 38 of 1926, s. 19 and the Sch.
4. Since repealed.
5. The entry “EQUITABLE MORTGAGE” omitted by Act 15 of 1904, s. 8.
-----
**31. EXCHANGE OF PROPERTY.—Instrument of.**
**EXTRACT. See Copy (No. 24).**
**32. FURTHER CHARGE.—Instrument of, that is to say, any**
instrument imposing a further charge on mortgaged property—
(a) when the original mortgage is one of the description referred
to in clause (a) of Article No. 40 (that is, with possession);
(b) when such mortgage is one of the description referred to in
clause (b)of Article No. 40 (that is, without possession)—
(i) if at the time of execution of the instrument of further
charge possession of the property is given or agreed to be
given under such instrument;
_(ii) if possession is not so given........._
**33. GIFT.—Instrument of, not being a SETTLEMENT (No.**
58) or will or TRANSFER (No. 62).
**HIRING AGREEMENT or agreement for service. SEE**
AGREEMENT No.5).
**34. INDEMNITY-BOND..............**
**INSPECTORSHIP-DEED See COMPOSITION-DEED (No.**
22) INSURANCE. See POLICY OF INSURANCE (No.
47).
**35. LEASE, including an under-lease or sub-lease and any**
agreement to let or sub-let—
(a) whereby such lease the rent is fixed and no premium is
paid or delivered—
(i) where the lease purports to be for a term of less than
one year;
(ii) where the lease purports to be for a term of not less
than one year but not more than three years;
(iii) where the lease purports to be for a term in excess of
three years;
(iv) where the lease does not purport to be for any definite
term;
(v) where the lease purports to be in perpetuity;
The same duty as a Conveyance
(No. 23) for a consideration equal to
the value of the property of greatest
value as set forth in such
instrument.
The same duty as a Conveyance
(No. 23) for a consideration equal to
the amount of the further charge
secured by such instrument.
The same duty as a Conveyance
(No. 23) for a consideration equal to
the total amount of the charge
(including the original mortgage
and any further chage already made)
less the duty already paid on such
original mortgage and further
charge.
The same duty as a Bond (No. 15)
for the amount of the further charge
secured by such instrument.
The same duty as a Conveyance
(No. 23) for a consideration equal
to the value of the property, as set
forth in such instrument.
The same duty as a Security Bond
(No. 57) for the same amount.
The same duty as a Bond (No.15)
for the whole amount payable or
deliverable under such lease.
The same duty as Bond (No. 15) for
the amount or value of the average
annual rent reserved.
The same duty as a Conveyance
(No. 23) for a consideration equal
to the amount or value of the
average annual rent reserved.
The same duty as a Conveyance (No.
23) for a consideration equal to the
amount or value of the average
annual rent which would be paid or
delivered for the first ten years if the
lease continued so long.
The same duty as a Conveyance (No.
23) for a consideration equal to onefifth of the whole amount of rents
which would be paid or delivered in
respect of the first fifty years of the
lease.
-----
Description of Instrument Proper Stamp-duty
(b) where the lease is granted for a fine or premium The same duty as a Conveyance (No. 23)
or for money advanced and where no rent is reserved; for a consideration equal to the amount or
value of such fine or premium or advance
as set forth in the lease.
(c) where the lease is granted for a fine or premium The same duty as a Conveyance (No. 23)
or for money advanced in addition to rent reserved; for a consideration equal to the amount or
value of such fine or premium or advance
as set forth in the lease, in addition to the
duty which would have been payable on
such lease if no fine or premium or advance
had been paid or delivered:
Provided that, in any case when an
agreement to lease is stamped with the _ad_
_valorem_ stamp required for a lease, and a
lease in pursuance of such agreement is
subsequently executed, the duty on such
lease shall not exceed eight annas.
_Exemptions_
(a)Lease, executed in the case of a cultivator and
for the purposes of cultivation (including a lease of trees
for the production of food or drink) without the payment
or delivery of any fine or premium, when a definite term
is expressed and such term does not exceed one year, or
when the average annual rent reserved does not exceed
one hundred rupees.
1* * * * *
**2[36. LETTER OF ALLOTMENT in respect of**
any loan to be raised by any company or proposed
company.]
4[37. LETTER OF CREDIT, that is to say
any instrument by which one person authorizes
another to give credit to the person in whose favour it
is drawn.
**LETTER OF GUARANTEE, See AGREEMENT (No. 5).**
**38. LETTER OF LICENCE,** that is to say,
any agreement between a debtor and his creditors that
the letter shall, for a specified time, suspend their claims
and allow the debtor to carry on business at his own
discretion.
**39. MEMORANDUM OFASSOCIATION OFA**
**COMPANY—**
(a) if accompanied by articles of association under
section 37 of the [6] Indian Companies Act, 1882 (6 of
1882);
3[Two annas.],
5[Two rupees.]
Ten rupees.
Fifteen rupees.
(b) if not so accompanied Forty rupees.
1. Exemption (b) omitted by the A.O. 1937.
2. Subs. by Act 7 of 2019, s. 21, for Article 36 (w.e.f. 1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
3. Subs. by Act 43 of 1923, s. 2, for “one anna”.
4. Subs. by notification No. S.O. 130 (E), dated 28-1-2004, for article 37.
5. Subs. by Act 32 of 1985, s. 50 (w.e.f. 1-7-1985).
6. See now the Companies Act, 1956 (1 of 1956).
-----
Description of Instrument Proper Stamp-duty
_Exemption_
Memorandum of any association not formed for profit
and registered under section 26 of the [1]Indian Companies Act, 1882 (6 of 1882).
**40. MORTGAGE-DEED, not being [2][an AGREEMENT**
RELATING-TO DEPOSITOF TITLE-DEEDS, PAWN OR
PLEDGE (NO. 6)], BOTTOMRY BOND (NO. 16),
MORTGAGE OF A CROP (NO. 41), RESPONDENTIA BOND
(No. 56), OR SECURITY BOND (NO. 57)—
(a) when possession of the property or any part
of the property comprised in such deed is given by
the mortgagor or agreed to be given;
(b) when [3]***possession is not given or agreed
to be given as aforesaid;
_Explanation.—A mortgagor who gives to the_
mortgagee a power-of-attorney to collect rents or a
lease of the property mortgaged or part thereof, is
deemed to give possession within the meaning of this
Article.
(c) when a collateral or auxiliary or additional
or substituted security, or by way of further
assurance for the abovementioned purpose where
the principal or primary security is duly stamped—
for every sum secured not exceeding Rs. 1,000
and for every Rs. 1,000 or part thereof secured
in excess of Rs. 1,000.
_Exemptions_
(1) Instruments, executed by person taking
advances under the Land Improvement Loans Act, 1883
(19 of 1883), or the Agriculturists' Loan Act, 1884 (12
of 1884), or by their sureties as security for the
repayment of such advances.
(2) Letter of hypothecation accompanying a bill of exchange.
4 * * *
**41. MORTGAGE OF A CROP,** including any
instrument evidencing an agreement to secure the
repayment of a loan made upon any mortgage of a crop,
whether the crop is or is not in existence at the time of the
mortgage—
(a)when the loan is repayable not more than three
months from the date of the instrument—
The same duty as a Conveyance (No. 23)
for a consideration equal to the amount
secured by such deed.
The same duty as a Bond (No. 15) for
the amount secured by such deed.
Eight annas.
Eight annas.
- *
for every sum secured not exceeding Rs. 200 One anna.
and for every Rs. 200 or part thereof secured in One anna.
excess of Rs. 200;
1. See now the Companies Act, 1956 (1 of 1956).
2. Subs. by Act 15 of 1904, s. 8, for “AN AGREEMENTTO MORTGAGE (NO. 6)”.
3. The words “At the time of execution” omitted by s. 8, ibid.
4. Exemption (3) omitted by s. 8, ibid.
-----
Description of Instrument Proper Stamp-duty
(b) when the loan is repayable more than three months, but
not more than [1] [eighteen months], from the date of the
instrument—
for every sum secured not exceeding Rs. 100 and for 2[Two annas.]
every Rs. 100 or part thereof secured in excess of Rs. 100. 2[Two annas.]
**42. NOTARIAL ACT,** that is to say, any instrument,
endorsement, note, attestation, certificate or entry not being a
PROTEST (No. 50) made or signed by a Notary Public in the
execution of the duties of his office, or by any other person
lawfully acting as a Notary Public.
_See also PROTEST OF BILL OR NOTE (No. 50)._
3[43. NOTE OR MEMORANDUM, sent by a Broker or
agent to his principal intimating the purchase or sale on
account of such principal—
One rupee.
(a) of any goods exceeding in value twenty rupees; Two annas.
(b) of any stock or marketable security exceeding in
value twenty rupees;
**44. NOTE OF PROTEST BY THE MASTER OF**
**A SHIP.**
_See also PROTESTBY THE MASTER OF A SHIP(No. 51)._
**ORDER FOR THE PAYMENT OF MONEY.**
_See BILL OF EXCHANGE (No. 13)._
**45. PARTITION— Instrument of [as defined by**
s. 2 (15)]
1. Subs. by Act 5 of 1906, s. 7, for “one year”
2. Subs. by Act 15 of 1904, s. 8, for “Four annas”.
3. Subs. by Act 6 of 1910, s. 3, for article 43.
Subject to a maximum of ten rupees, one
anna for every Rs. 10,000 or part thereof
the value of the stock or security.]
Eight annas.
The same duty as a Bond
(No. 15) for the amount of the value of
the separated share or shares of the
property.
_N.B.—The largest share remaining after_
the property is partitioned (or, if there
are two or more shares of equal value
and not smaller than any of the other
shares, then one of such equal shares)
shall be deemed to be that from which
the other shares are separated:
Provided always that—
(a) when an instrument of partition
containing an agreement to divide
property in severalty is executed and a
partition is effected in pursuance of
such agreement, the duty chargeable
upon the instrument effecting such
partition shall be reduced by the
amount of duty paid in respect of the
first instrument, but shall not be less
than eight annas;
-----
Description of Instrument Proper Stamp-duty
(b) where land is held on
revenue settlement for a period
not exceeding thirty years and
paying the full assessment, the
value for the purpose of duty
shall be calculated at not more
than five times the annual
revenue;
(c) where a final order for
effecting a partition passed by
any Revenue-authority or any
Civil-Court, or an award by an
arbitrator directing a partition, is
stamped with the stamp required
for an instrument of partition,
and an instrument of partition in
pursuance of such order or
award is subsequently executed,
the duty on such instrument
shall not exceed eight annas.
**46. PARTNERSHIP—**
**A—INSTRUMENT OF—**
## (a) where the capital of the partnership does not
Two rupees eight annas.
exceed Rs. 500;
(b ) in any other case…………………… Ten rupees.
B.—DISSOLUTION OF………………………… Five rupees.
1[PAWN OR PLEDGE. See AGREEMENT RELATING TO
DEPOSIT OF TITLE-DEEDS. PAWN OR PLEDGE (NO. 6).]
**47. POLICY OF INSURANCE—**
**2** If drawn If drawn in duplicate,
**[A.—SEA INSURANCE [see section 7] of Indian Stamp Act, 1899**
(2 of 1899)] singly for each part
(1) for or upon any voyage—
(i) where the premium or consideration does not 4[Ten 5[Fivenayapaise.]
exceed the rate of [3]*** one-eighth per centum of the nayepaise.]
amount insured by the policy;
(ii) in any other case, in respect of every full sum of 4[Ten 5[Five nayapaise.]
6 [one thousand five hundred rupees] and also any nayapaise.]
fractional part of [6][one thousand five hundred rupees]
insured by the policy;
1. Ins. by Act 15 of 1904, s. 8.
2. Subs. by Act 5 of 1906, s. 7, for Division A and B.
3. The words “Fifteen nayepaise or” omitted by Act 14 of 1961, Section 16, the words in italics were subs. by Act 19 of 1958, s.
13, for “two annas” (w.e.f.1-10-1958).
4. Subs. by Act 19 of 1958, s. 13, for “one anna” (w.e.f. 1-10-1958).
5. Subs. s. 13, ibid., for “half an anna” (w.e.f. 1-10-1958).
6. Subs. Act 18 of 1928, s. 2 and the First Schedule, for “one thousand rupees”.
|47. POLICY OF INSURANCE— If drawn 2[A.—SEA INSURANCE [see section 7] of Indian Stamp Act, 1899 singly (2 of 1899)] (1) for or upon any voyage— (i) where the premium or consideration does not 4[Ten exceed the rate of 3*** one-eighth per centum of the nayepaise.] amount insured by the policy; (ii) in any other case, in respect of every full sum of 4[Ten 6 [one thousand five hundred rupees] and also any nayapaise.] fractional part of 6[one thousand five hundred rupees] insured by the policy;|If drawn in duplicate, for each part|
|---|---|
||5[Fivenayapaise.]|
||5[Five nayapaise.]|
-----
Description of Instrument Proper Stamp-duty
(2) for time—
(iii) in respect of every full sum of one thousand
rupees and also any fractional part of one thousand
rupees insured by the policy—
where the insurance shall be made for any time 1[Fifteen 2[Ten nayepaise.]
not exceeding six months; nayepaise.]
where the insurance shall be made for any time 3[Twenty- 1[Fifteen
exceeding six months and not exceeding twelve fivenayepaise.] nayepaise.]
months.
B.— [4] [FIRE-INSURANCE AND OTHER CLASSES OF
INSURANCE, NOT ELSEWHERE INCLUDED IN THIS
ARTICLE, COVERING GOODS, MERCHANDISE,
PERSONAL EFFECTS, CROPS AND OTHER
PROPERTY AGAINST LOSS OR DAMAGE —
(1) in respect of an original policy—
(i) when the sum insured does not exceed 5[Fifty nayepaise.]
Rs. 5,000;
(ii) in any other case; and One rupees.
(2)in respect of each receipt for any payment of a
premium on any renewal of an original policy.
C.—ACCIDENT AND SICKNESS INSURANCE—
(a) against railway accident, valid for a single
journey only.
_Exemption_
When issued to a passenger travelling by the
intermediate or the third class in any railway;
(b) in any other case—for the maximum amount
which may become payable in the case of any single
accident or sickness where such amount does not exceed
Rs. 1,000, and also where such amount exceeds Rs.
1,000, for every Rs. 1,000 or part thereof.
1. Subs. by Act 19 of 1958, s. 13, for “Two annas” (w.e.f. 1-10-1958).
2. Subs. by s. 13, ibid., for “One anna” (w.e.f. 1-10-1958).
3. Subs. by s. 13, ibid., for “Four annas” (w.e.f. 1-10-1958).
4. Subs. by Act 43 of 1923, s. 2, for “FIRE-INSURANCE.”
5. Subs. by Act 19 of 1958, s. 13, for “Eight annas” (w.e.f. 1-10-1958).
6. Added by Act 18 of 1928, s. 2 and Schedule.
7. Subs. by Act 19 of 1958, s. 13, for “2.8-0” (w.e.f. 1-10-1958).
One-half of duty payable in respect of
the original policy in addition to the
amount if any, chargeable under No.
53.
2[Ten nayepaise.]
1[Fifteen nayepaise]:
6[Provided that, in case of a policy of
insurance against death by accident
when the annual premium payable
does not exceed [7] [Rs. 2.50] per Rs.
1,000, the duty on such instrument
shall be [2][Ten nayepaise] for every Rs.
1,000 or part thereof of the maximum
amount which may become payable
under it.]
-----
Description of Instrument Proper Stamp-duty
1 [CC.—INSURANCE BY WAY OF INDEMENITY against
liability to pay damages on account of accidents to workmen
employed by or under the insurer or against liability to pay
compensation under the Workmen's Compensation Act, 1923 (8 of
1923), for every Rs. 100 or part thereof payable as premium.
3 [D.—LIFE INSURANCE 4 [OR GROUP INSURANCE
OR OTHER INSURANCE] NOT SPECIFICALLY
PROVIDED FOR, except such a **RE-INSURANCE,** as is
described in Division E of this article—
2[Ten naye paise.]
If drawn singly
If drawn in duplicate for
each part.
2[Ten naye paise.]
5[Fifteen naye paise.]
(i) for every sum insured not exceeding Rs. 250; 5[Fifteen naye
paise.]
(ii) for every sum insured exceeding Rs. 250 but not
exceeding Rs. 500;
(iii) for every sum insured exceeding Rs. 500 but not exceeding
Rs. 1,000 and also for every Rs. 1,000 or part thereof in excess of Rs.
1,000.
6[Twenty five
naye paise.]
7[Forty nayepaise.] 8[Twenty nayepaise.]
9 [N.B.—If a policy of group insurance is
renewed or otherwise modified whereby the
sum insured exceeds the sum previously
insured on which stamp-duty has been paid, the
proper stamp must be borne on the excess sum
so insured.]
_Exemption_
Polices of life-insurance granted by the Director
General of PostOffices in accordance with rules for Postal
Life-Insurance issued under the authority of the Central
Government.]
E.—RE-INSURANCE BY AN INSURANCE COMPANY,
which has granted a POLICY of the nature specified in
Division A or Division B of this Article, [10] with another
company by way of indemnity or guarantee against the
payment on the original insurance of a certain part of the sum
insured thereby.
One-quarter of the duty payable inrespect
of the original insurance but not less than
2[ten nayepaise] or more than onerupee:
11[Provided that if the total amount of duty
payable is not a multiple of fivenayepaise,
the total amount shall be rounded off to the
next higher multiple of fivenayepaise].
1. Ins. by Act 15 of 1925, s. 2.
2. Subs. by Act 19 of 1958, s. 13, for “One anna” (w.e.f. 1-10-1958).
3.Subs. by Act 18 of 1928, s. 2, and the First Schedule for Division D.
4. Subs. by Act 43 of 1955, s. 7, for “or other insurance” (w.e.f. 1-4-1956).
5. Subs. by Act 19 of 1958, s. 13, for “Two annas” (w.e.f. 1-10-1958).
6. Subs. by s. 13, ibid., for “Four annas” (w.e.f. 1-10-1958).
7. Subs. by s. 13, ibid., for “Six annas” (w.e.f. 1-10-1958).
8. Subs. by s. 13, ibid., for “Three annas” (w.e.f. 1-10-1958).
9. Ins. by Act 43 of 1955, s. 7 (w.e.f. 1-4-1956).
10. Subs. by Act 43 of 1923, s. 2, for “of Sea-Insurance or a policy of Fire Insurance”.
11. Ins. by Act 14 of 1961, s. 16.
-----
Description of Instrument Proper Stamp-duty
_General Exemption_
Letter of cover or engagement to issue a policy of
insurance:
Provided that, unless such letter or
engagement bears the stamp prescribed by this Act
for such policy, nothing shall be claimable
thereunder, nor shall it be available for any
purpose, except, to compel the delivery of the
policy therein mentioned.]
**48. POWER-OF-ATTORNEY** [as defined by
section 2(21)],not being a PROXY (No. 52),—
(a) when executed for the sole purpose of Eight annas.
procuring the registration of one or more
documents in relation to a single transaction or for
admitting execution of one or more such
documents;
(b) when required in suits or proceedings under Eight annas.
the Presidency Small Cause Courts Act, 1882 (15
of 1882);
(c) when authorizing one person or more to act One rupee.
in a single transaction other than the case
mentioned in clause (a);
(d) when authorizing not more than five persons Five rupees.
to act jointly and severally in more than one
transaction or generally;
(e) when authorizing more than five but not Ten rupees.
more than ten persons to act jointly and severally in
more than one transaction or generally;
(f)when given for consideration and authorizing The same duty as a Conveyance
the attorney to sell any immovable property; (No. 23) for the amount of the
consideration.
(g) in any other case…………………… One rupee for each person
authorized.
_N.B.—The_ term “registration”
includes every operation incidental
to registration under the [1] Indian
Registeration Act, 1877 (III of
1877).
_Explanation.—For the purposes of this article more_
persons than one when belonging to the same firm shall
be deemed to be one person.
2[49. PROMISSORY NOTE [as defined by
section 2(22)]
(a) when payable on demand—
(i)when the amount or value does not exceed 3[Ten nayepaise.]
Rs. 250;
1. See now the Indian Registration Act, 1908 (16 of 1908).
2. Subs. by Act 43 of 1923, s. 2, for Article 49.
3. Subs. by Act 19 of 1958, s. 13, for “One anna” (w.e.f. 1-10-1958).
-----
Description of Instrument Proper Stamp-duty
(ii) when the amount or value exceeds Rs. 250
but does not exceed Rs. 1,000;
1[Fifteen nayepaise].
(iii) in any other case 2[Twenty-fivenayepaise.]
(b) when payable otherwise than on demand—
**50. PROTEST OF BILL OR NOTE, that is to say,**
any declaration in writing made by a Notary Public, or other
person lawfully acting as such, attesting the dishonour of a
bill of exchange or promissory note.
**51. PROTEST BY THE MASTER OF A SHIP,**
that is to say, any declaration of the particulars of her
voyage drawn up by him with a view to the adjustment of
losses or the calculation of averages, and every
declaration in writing made by him against the
characterers or the consignees for not loading or
unloading the ship, when such declaration is attested or
certified by a Notary Publicor other person lawfully
acting as such,
_See also NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44)._
**52. PROXY,** empowering any person to vote at any
one election of the members of a district or local board or
of a body of municipal commissioners, or at any one
meeting of (a) members of an incorporated company or
other body corporate whose stock or funds is or are divided
into shares and transferable, (b)a local authority, or
(c)proprietors, members or contributors to the funds of any
institution.
**53. RECEIPT [as defined by section 2(23)] for any**
money or other property the amount or value of which
exceeds [4][five thousand rupees.]
_Exemptions_
Receipt—
(a) endorsed on or contained in any instrument
duly stamped [5][or any instrument exempted] under
the proviso to section 3 (instruments executed on
behalf of the Government) [6][or any cheque or bill of
exchange payable on demand] acknowledging the
receipt of the consideration-money therein expressed,
or the receipt of any principal-money, interest or
annuity, or other periodical payment thereby secured;
The same duty as a Bill of Exchange
(No. 13) for the same amount
payable otherwise than on demand.]
One rupee.
One rupee.
3[Thirtypaise.]
3[One rupee]
(b)for any payment of money without
consideration;
1. Subs. by Act 19 of 1958, s. 13, for “Two annas” (w.e.f. 1-10-1958).
2. Subs. by S. 13, ibid., for “Four annas” (w.e.f. 1-10-1958).
3. Subs. by Act 32 of 1994, s. 99, for “Twenty paise” (w.e.f. 13-5-1994).
4. Subs. by Act 23 of 2004, s. 117, for “five hundred rupees”.
5. Subs. by Act 18 of 1928, s. 2 and the First Schedule, for “or exempted”.
6. Ins. by s. 2 and the First Schedule, ibid.
-----
Description of Instrument Proper Stamp-duty
(c) for any payment of rent by a cultivator on
account of land assessed to Government revenue,
or[1][in the States of Madras, Bombay and Andhra] [2][as
they existed immediately before the 1st November,
1956] of in am lands;
(d) for pay or allowances by non-commissioned [3][or petty],
officers, [4] [soldiers, [3][sailors] or airmen] of [5] [ [6] [the Indian]
military, [3][naval] or air forces], when serving in such capacity,
or by mounted police-constables;
(e) given by holders of family-certificates in cases where
the person from whose pay or allowances the sum comprised
in the receipt has been assigned is a non-commissioned [3][or
petty] officers [4][soldier, [3][sailor] or airmen] of [7][any of the
said forces], and serving in such capacity;
(f) for pensions or allowances by persons receiving
such pensions or allowances in respect of their service as
such non-commissioned [3][or petty] officer, [4][soldiers,
3[sailors] or airmen] and not serving the Government in
any other capacity;
(g) given by a headman or lambardar for land
revenue or taxes collected by him;
(h) given for money or securities for money
deposited in the hands of any banker, to be accounted
for:
Provided that the same is not expressed to be
received of, or by the hands of, any other than the person
to whom the same is to be accounted for:
Provided also that this exemption shall not extend to a
receipt or acknowledgment for any sum paid or deposited
for or upon a letter of allotment of a share, or in respect of
a call upon any scrip or share of, or in, any incorporated
company or other body corporate or such proposed or
intended company or body or in respect of a debenture
being a marketable security.
1. Subs. by the Andhra (Adaptation of Law on Union Subjects) Order, 1954, for “In the Presidencies of Fort St.
George and Bombay” (w.e.f. 1-10-1953).
2. Ins. by the Adaptation of Laws (No. 2) Order, 1956.
3. Ins. by Act 35 of 1934, s. 2 and the Schedule.
4. Subs. by Act 10 of 1927, s. 2 and the First Schedule, for “or soldiers”.
5. Subs. by s. 2 and the First Schedule ibid., for “Her Majesty’s Army or Her Majesty’s Indian Army”.
6. Subs. by the A.O. 1950, for “His Majesty’s”.
7. Subs. by Act 10 of 1927, s. 2, and the First Schedule for “either of the said Armies”.
-----
Description of Instrument Proper Stamp-duty
1[SEEALSO POLICY OF INSURANCE [NO. 47-B (2).]
**54. RECONVEYANCE OF MORTGAGED**
**PROPERTY—**
(a) if the consideration for which the property was
mortgaged does not exceed Rs. 1,000;
(b) in any other case............................
**55. RELEASE, that is to say, any instruments [2][(not**
being such a release as is provided for by section 23A)]
whereby a person renounces a claim upon another person or
against any specified property—
(a) if the amount or value of the claim does not
exceed Rs. 1,000;
(b)in any other case…………………….
**56. RESPONDENTIA BOND, that is to say, any**
instrument securing a loan on the cargo laden or to be laden
on board a ship and making repayment contingent on the
arrival of the cargo at the port of destination.
**REVOCATION OF ANY TRUST OR SETTLEMENT**
_See SETTLEMENT(No. 58); TRUST(No. 64)_
**3 [56A. SECURITY OTHER THAN DEBENTURES**
**(see sections 9A and 9B)—**
(a) issue of security other than debenture;
(b) transfer of security other than debenture on
delivery basis;
(c) transfer of security other than debenture on
non-delivery basis;
(d) derivatives—
(i) futures (equity and commodity)
(ii) options (equity and commodity)
(iii) currency and interest rate derivatives
(iv) other derivatives
(e) Government securities
(f) repo on corporate bonds
**57. SECURITY BOND OR MORTGAGE-DEED,**
executed by way of security for the due execution of an office,
or to account for money or other property received by virtue
thereof or executed by a surety to secure the due performance
of a contract,—
(a) when the amount secured does not exceed Rs.
1,000;
(b)in any other case……………………………..
_Exemptions_
Bond or other instrument, when executed—
(a) by headmen nominated under rules framed in
accordance with the Bengal Irrigation Act, 1876 (Ben. Act 3
of 1876), section 99, for the due performance of their duties
under that Act;
(b) by any person for the purpose of guaranteeing that the
local income derived from private subscriptions to a charitable
dispensary or hospital or any other object of public utility shall
not be less than a specified sum per mensem;
The same duty as a conveyance (No. 23) for the
amount of such consideration as set forth in the
Reconveyance.
Ten Rupees.
The same duty as a Bond (No. 15) for such amount or
value as set forth in the Release.
Five rupees.
The same duty as a Bond (No. 15) for the amount of
the loan secured.
## 0.005%
0.015%
0.003%
0.002%
0.003%
0.0001%
## 0.002%
0%
0.00001%]
The same duty as a Bond (No. 15) for the amount
secured.
Five rupees.
1. Ins. by Act 5 of 1906, s. 7.
2. Ins. by Act 15 of 1904, s. 8.
3. Ins. by Act 7 of 2019, s. 21 (w.e.f.1-7-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
-----
(c) under No. 3A of the rules made by the [1] [State
Government] under section 70 of the Bombay Irrigation Act,
1879) (Bom. Act V of 1879);
(d) executed by persons taking advances under the Land
Improvement Loans Act, 1883 (19 of 1883), or the
Agriculturists’ Loan Act, 1884 (12 of 1884), or by their
sureties, as securityfor the repayment of such advances;
(e) executed by officers of [2][the [3][Government]] or their
sureties to secure the due execution of an office or the due
accounting for money or other property received by virtue
thereof.
**58. SETTLEMENT—**
A.—INSTRUMENT OF, (including a deed of
dower).....Exemptions
(a)Deed of dower executed on the occasion of a marriage
between Muhammadans.
The same duty as a Bond (No. 15) for a sum equal to the
amount or value of the property settled as set forth in such
settlement:
Provided that, where an agreement to settle is stamped
with the stamp required for an instrument of
settlement, and an instrument of settlement in
pursuance of such agreement is subsequently
executed, the duty on such instrument shall not exceed
eight annas.
4* * * - *
B.— REVOCATION OF—................
_See also TRUST (No. 64)._
**59. SHARE WARRANTS to bearer issued under the**
5Indian Companies Act, 1882 (6 of 1882).
_Exemptions_
Share warrant when issued by a company in pursuance of
the [7]Indian Companies Act, 1882 (6 of 1882), section 30, to
have effect only upon payment, as composition for that duty,
to the Collector or Stamp-revenue, of—
(a) [8][one and a half] per centum of the whole subscribed
capital of the company, or
(b) if any company which has paid the said duty or
composition in full, subsequently issues an Addition to its
subscribed capital— [2][one and a half] per centum of the
The same duty as a Bond (No. 15) for a
sum equal to the amount or value of the property
concerned as set forth in the Instrument of
Revocation but not exceeding ten rupees.
6[One and a half times] the duty payable on a
Conveyance (No. 23) for a consideration
equal to the nominal amount of the shares
specified in the warrant.
1. Subs. by the A.O. 1937, for “Governor of Bombay in Council”.
2. Subs. ibid., for “Government”.
3. Subs. by the A.O. 1950, for “Crown”.
4. Exemption (b) omitted by the A.O. 1937.
5. See now the Companies Act, 1956 (1 of 1956).
6. Subs. by Act 6 of 1910, s. 3, for “Three-quarters of”.
7. See now the Companies Act, 1956 (1 of 1956).
8. Subs. by Act 6 of 1910, s. 3, for “three-quarters of”.
-----
additional capital so issued.
**SCRIP, See CERTIFICATE (No. 19).**
**60.** **SHIPPING ORDER for or relating to the** One anna.
conveyance of goods on board of any vessel.
**61. SURRENDER OF LEASE—**
(a)when the duty with which the lease is chargeable does not The duty with which such lease is chargeable.
exceed five rupees;
(b) in any other case………………….. Five rupees.
_Exemption_
Surrender of lease, when such lease is exempted from duty.
**62. TRANSFER (whether with or without consideration)—**
_1* *_ _* *_
_* *_ _* *_
(c) of any interest secured by a bond, mortgage-deed or
policy of insurance,—
(i) if the duty on such bond, mortgage-deed or
policy does not exceed five rupees;
The duty with which such bond, mortgage-deed
or policy of insurance is chargeable.
(ii) in any other case……………….. Five rupees.
(d)of any property under the [2]Administrator
General’s Act, 1874 (2 of 1874), section 31;
(e)of any trust-property without consideration from one
trustee to another trustee or from a trustee to a beneficiary.
_Exemptions_
Transfers by endorsement—
(a) of a bill of exchange, cheque or promissory
note;
(b) of a bill of lading, delivery order, warrant for
goods, or other mercantile document of title to goods;
(c) of a policy of insurance;
(d) of securities of the Central Government. See also
section 8.
**63. TRANSFER OF LEASE by way or assignment**
and not by way of under-lease.
_Exemption_
Transfers of any lease exempt from duty.
**64. TRUST—**
A. — DECLARATION OF—of, or concerning, any
property when made by any writing not being a WILL.
Five rupees.
Five rupees or such smaller amount as may be
chargeable under clauses (a)to (c)of this Article.
The same duty as a Conveyance (No. 23) for a
consideration equal to the amount of the
consideration for the transfer.
The same duty as a Bond (No. 15) for a sum
equal to the amount or value of the property
concerned as set forth in the instrument but not
1. Article 62 item (a) and (b) omitted by Act 7 of 2019, s. 21 (w.e.f. 1-4-2020). [Earlier notified w.e.f. 9-1-2020 followed by 1-4-2020]
2. See now the Administrator General’s Act, 1963 (45 of 1963).
-----
exceeding fifteen rupees.
B.—REVOCATION OF—of, or concerning, any The same duty as a Bond (No. 15) for a sum equal
property when made by any instrument other than a WILL. to the amount or value of the property concerned as
set forth in the instrument but not exceeding ten
rupees.
Four annas.
_See also SETTLEMENT (No. 58)._
**VALUATION, See APPRAISEMENT (No. 8).**
**VAKIL, See ENTRY AS A VAKIL (No. 30).**
**65. WARRANT FOR GOODS, that is to say, any**
instrument evidencing the title of any person therein named,
or his assigns, or the holder thereof, to the property in any
goods lying in or upon any dock, warehouse or wharf, such
instrument being signed or certified by or on behalf of the
person in whose custody such goods maybe.
**STATE AMENDMENT**
**Assam**
**Amendment of Schedule I of Act II of 1899.—In Schedule I to the principal Act, for item No. 23,**
the following shall be substituted, namely:—
Description of Instrument Proper Stamp-duty
23. Conveyance [as defined by section 2 (10)] not
being a Transfer Charged or exempted under No. 62
Where the amount or value of the consideration
for such conveyance as set forth therein does not
exceed Rs. 50.
Where it exceeds Rs. 50 but does not exceed Rs.
100;
Where it exceeds Rs. 100 but does not exceed Rs.
200;
Where it exceed Rs. 200 but does not exceed Rs.
300;
Where it exceed Rs. 300 but does not exceed Rs.
400;
Where it exceed Rs. 400 but does not exceed Rs.
500;
Where it exceed Rs. 500 but does not exceed Rs.
600;
Where it exceed Rs. 600 but does not exceed Rs.
700;
Where it exceed Rs. 700 but does not exceed Rs.
800;
Where it exceed Rs. 700 but does not exceed Rs.
900;
Where it exceed Rs. 900 but does not exceed Rs.
1,000;
Two rupees and fifty paise.
Five Rupees
Ten rupees
Twelve rupees
Twenty rupees
Twenty-two rupees
Twenty-eight rupees.
Thirty-two rupees.
Thirty-seven rupees
Forty-two rupees
Forty-six rupees.
-----
For every Rs. 500 or part thereof in excess of Rs.
1,000;
Where it excels Rs. 50,000 but does not exceed
Rs. 90, 000;
Where it exceeds Rs. 90, 000 but does not exceed
Rs. 1, 50, 000;
Twenty-three rupees
Sixty rupees for every on thousand rupees.
Eighty rupees for every one thousand
rupees.
and where it exceeds Rs. 1, 50, 000; One hundred rupees for every one
thousand rupees.
Provided that where the “instrument” or the conveyance is in respect of an Industrial loan, certified as
such by the Director of Industries, Assam, the Stamp duty shall be half of the above rate.
Exemption
Assignment of copyright under the Indian Copyright Act, 1957 (Act XIV, 1957).
Co-partnership Deed-See partnership (No. 46)”.
[Vide Assam Act 6 of 1990, s. 2]
**Assam**
**Amendment of Schedule I.—In the principal act, in Schedule-I, for item No. 23, the following shall**
be substituted, namely:—
Description of Instrument Proper Stamp-duty
“23. Conveyance [as defined by Section - Five percent. of the market value of the property
2(10)], not being a Transfer, charged or for such conveyance made in favour of women and
exempted under No. 62. six percent for others.”
[Vide Assam Act 19 of 2008. s. 2]
**Assam**
**Amendment of Schedule-I**
Description of Instrument Proper Stamp-duty
“23. Conveyance [as defined by Section - Two percent. of the market value of the property
2(10)], not being a Transfer, charged or for such conveyance made in favour of women
exempted under No. 62. soley or jointly with others and three percent for
others.”
[Vide Act 9 of 2013, s. 2]
**Assam**
**Amendment of Schedule-I of Act II of 1899.—In the principal Act, in Schedule-I, for item Nos.1-5,**
12, 15-20, 22-26, 28-29, 31, 33, 34-36, 38-40, 42-43, 45, 46, 48, 54, 57-58, 60, 61, 63-65, the following
shall be substituted, namely:—
|Description of Instrument|Proper Stamp-duty|
|---|---|
|“23. Conveyance [as defined by Section - 2(10)], not being a Transfer, charged or exempted under No. 62.|Five percent. of the market value of the property for such conveyance made in favour of women and six percent for others.”|
|Description of Instrument|Proper Stamp-duty|
|---|---|
|“23. Conveyance [as defined by Section - 2(10)], not being a Transfer, charged or exempted under No. 62.|Two percent. of the market value of the property for such conveyance made in favour of women soley or jointly with others and three percent for others.”|
|Sl. No.|Description of Instrument|Proper Stamp-duty|
|---|---|---|
|(1)|(2)|(3)|
|1.|Acknowledgement|Fifty Rupees|
|2.|Administration Bond including Bond given under Section 6 of the Government Saving Bank Act, 1873 or Section 291 or Section 376 of the Indian Succession Act, 1925:||
||(a) Where the amount does not exceed Rs. 1,000.|The same duty as a bond (No. 15) for such amount|
||(b) In any other case.|Twenty rupees|
-----
|3.|Adoption Deed|Two hundred rupees|
|---|---|---|
|4.|Affidavit|Fifteen rupees|
|5.|Agreement or memorandum of an Agreement:||
||(a) If relating to sale of a bill of exchange.|Five rupees.|
||(b) If relating to sale of a Government Security.|Subject to maximum of Rs. 100 for every Rs. 10,000 or part thereof of the value of Security.|
||(c) if relating to purchase or sale of shares, scripts, stocks, bonds, debentures, debenture stocks or any other marketable security of a like nature in or any incorporated company or other body corporate-||
||(i) when such agreement or memorandum of an agreement is with or through a member or between members of a stock exchange recognised under the Securities Contracts (Regulation) Act, 1956.|Three rupees for every Rs. 5000 or part thereof of the value of the security at the time of its purchase or sales as the case may be.|
|Sl. No.|Description of Instrument|Proper Stamp-duty|
||(ii) in other cases|Five rupees for every Rs. 5000 or part thereof of the value of the security at the time of its purchase or sale as the case may be.|
||(d) If executed for service or for performance of work in any estate whether held by one person or by more persons than one as co-owners and whether in one or more blocks and situated in Assam where the advance given under such agreement does not exceed one thousand rupees.|Five rupees.|
||Agreement to lease.||
||(e) if not, otherwise provided for|Ten rupees.|
|12.|Award:||
||(a) Where amount or value of the property to which the award relates as set forth in such award, does not exceed Rs. 1,000.|The same duty a Bond for such amount|
||(b) if it exceeds Rs. 1,000 but does not exceeds Rs. 5,000.|Twenty rupees.|
||and for every additional Rs. 1,000 or part thereof in excess of Rs. 5,000.|Two rupees subject to a maximum of one hundred and-thirteen rupees.|
|15.|Bond as defined by Section 2(5)] not being debenture (No. 27) and not being otherwise provided for by this Act or by the Court Fees Act, 1870||
||Where the amount of value secured does not exceed Rs. 500.|Ten rupees.|
||Where it exceeds Rs. 500 and does not exceed Rs. 1,000. and for every Rs. 500 or part thereof in excess of Rs. 1,000.|Twenty rupees. Ten rupees.|
|16.|Bottomry Bond that is to say, any instrument whereby the master of sea going ship borrows money on the security of a ship to enable him to preserve the ship or persecute her voyage.|The same duty as a Bond (No. 15) for such amount.|
-----
|17.|Cancellation instrument of (including any instrument by which any previously executed is cancelled) if attested and not otherwise provided for.|Col3|Thirty rupees.|
|---|---|---|---|
|18.|Certificate of sale (in respect of each property put up as a separate lot sold) granted to the purchaser of any property sold by public auction by a Civil or Revenue Court or Collector or Revenue Officer.||Same duty as on Conveyance (No. 23) for a market value of equal to the amount of the purchase money only.|
|19.|Certificate or other document evidencing the right or title of the holder thereof or any other person either to any shares, script or stock in or of any incorporated company or other body corporate or to become proprietor of shares, script or stock in, or of any such company or body.||Five rupees.|
|Sl. No.|Description of Instrument|Proper Stamp-duty||
|20.|Charter Party, that is to say, any instrument (except and agreement for the hire of a tug steamer), whereby a vessel or some specified principal part thereof is left for the specified purpose of the charter whether it includes a penalty clause or not.|Fifteen rupees.||
|22.|Composition Deed that is to say, any instrument executed by a debtor, whereby he conveys his property for the benefit of his creditors or whereby payment of a composition or dividend on their debts is secured to the creditors or whereby provision is made for the continuance of the debtor business, under the supervision of inspectors or under letters of License for the benefit of his creditors|Seventy five rupees.||
|23.|Conveyance [as defined by Section-2(10)], not being a Transfer, charged or exempted under No. 62.|||
||Where the market value of the property for such conveyance as set forth therein does not exceed Rs. 1000.|Fifty rupees.||
||Where it exceeds Rs. 1000 but does not exceed Rs. 10,000.|Sixty rupees per thousand or part thereof||
||Where it exceeds Rs. 10, 000 but does not exceed Rs. 5,0000.|Sixty five rupees per thousand or part thereof||
||Where it exceeds Rs. 5,0000 but does not exceed Rs. 1,00,000.|Eighty rupees per thousand or part thereof||
||And for every Rs. 1,000 or part thereof in excess of Rs. 1, 00, 000.|One hundred twenty rupees.||
||Provided that where the instrument or the conveyance is in respect of an industrial loan certified as such by the Director of Industries, Assam the stamps duty shall be half of the above rate.|||
|24.|Copy or extract certified to be true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees.|||
||(i) If the original was not chargeable with duty or if the duty with which it was chargeable does not exceed two rupees.|Five rupees.||
||(ii) in any other case not falling within the provisions of Section 6-A.|Ten rupees.||
|25.|Counterpart or Duplicate of any instrument|||
-----
|Col1|chargeable with duty and in respect of which proper duty has been paid.|Col3|
|---|---|---|
||(a) if the duty with which the original instrument is chargeable does not exceed two rupees.|The same duty as is payable on the original.|
||(b) in any other case not falling within the provisions of Section 6A.|Ten rupees.|
|26.|Customs Bonds-||
||(a) Where the amount does not exceed Rs. 1,000.|The same duty as bond for such amount.|
||(b) in any other case.|Fifty rupees.|
|Sl. No.|Description of Instrument|Proper Stamp-duty|
|28.|Delivery order in respect goods.|Five rupees.|
|29.|Divorce instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.|Fifty rupees.|
|31.|Exchange of property, instrument of|The same duty as conveyance (No. 23) for market value equal to the market value of the property of greatest value as set forth in such instrument.|
|33.|Gift instrument of not being a settlement (No. 58) or will or transfer (No. 62).|The same duty as conveyance (No. 23) for market value equal to the market value of the property of greatest value as set forth in such instrument.|
|34.|Indemnity Bond|The same duty as security bond for the same amount.|
|35.|Lease-including an under lease or sub-lease and any agreement to let or sub-let-||
||(a) Where by such lease is fixed and no premium is paid or delivered.||
||(i) Where the lease purports to be for a term of less than one year.|The same duty as a Bond (No. 10) for the whole amount payable or deliverable under such lease.|
||(ii) Where the lease purports to be for a term of not less than one year but not more than five year|The same duty as a Bond (No. 15)for the amount or value of the average annual rent reserved.|
||(iii) Where the lease purports to be for a term exceeding five years, and not exceeding ten years.|The same duty as a conveyance (No. 23) for a market value equal to the amount or value of the average annual rent reserved.|
||(iv) Where the lease purports to be for a term exceeding ten years, but not exceeding twenty years.|The same duty as a conveyance (No. 23) for a market value equal to twice the amount or value of the|
-----
|Col1|Col2|average annual rent reserved.|
|---|---|---|
||(v) Where the lease purports to be for a term exceeding twenty years, but not exceeding thirty years.|The same duty as a conveyance (No. 23) for a market value equal to three times the amount or value of the average annual rent reserved.|
||(vi) Where the lease purports to be for a term exceeding thirty years, but not exceeding one hundred years.|The same duty as a conveyance (No. 23) for a market value equal to four times the amount or value of the average annual rent reserved.|
|Sl. No.|Description of Instrument|Proper Stamp-duty|
||(vii) Where the lease purports to be for a term exceeding one hundred years, or in perpetuity.|The same duty as a conveyance (No 23) for a market value equal in the case of a lease granted solely for agricultural purpose to one- tenth and in any other case to one-sixth of the whole amount ofrents which would be paid or delivered in respect of the first fifty years of the lease.|
||(viii) Where the lease does not purport to be for any definite term|The same duty as a conveyance (No. 23) for a market value equal to three times the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long.|
||(b) Where the lease is granted for a fine or premium or for money advanced and where no rent is reserved.|The same duty as a conveyance (No. 23) for a market value equal to the amount or value of such fine or premium or advance as set forth in the lease.|
||(c) Where the lease is granted for' a fine or premium or for money advanced in addition to rent reserved.|The same duty as a conveyance (No. 23) for a market value equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease if no fine or premium or advance had been paid or delivered: Provided that, in any case where an agreement to lease is stamped with the advalorem stamp required for a lease and a lease in|
-----
|Col1|Col2|pursuance of such agreement is subsequently executed the duty on which lease shall not exceed two rupees.|
|---|---|---|
|Sl. No.|Description of Instrument|Proper Stamp-duty|
||Exemption.-Lease, executed in the case of cultivator for the purpose of cultivation (including a lease of trees for the production of food or drink) without the payment or, delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees. In this exemption a lease for the market purpose of cultivation shall including a lease of lands for cultivation together with a homestead or tank. Explanation-When lease undertakes to pay any recurring charge, such as Government revenue, landlords share of cesses, or the owner's share of municipal rates of taxes, which is by law recoverable from the lessor, the amounts so agreed to be paid by the lessee shall be deemed to be part of the rent.||
|36.|Letter of allotment of shares in any company or proposed company or in respect of any loan to be raised by any company or proposed company.|Five rupees.|
|38.|Letter of licence that is to say, any agreement between a debtor and creditors that the letter shall for a specified time suspend their claims and allow the debtor to carry on business at his own discretion.|Fifty rupees.|
|39.|Memorandum of Association of a Company--||
||(a) If accompanied by articles of Association under Section 26, 27 and 28 of the Companies Act, 1958.|Two hundred rupees.|
||(b) If not so accompanied.|Five hundred rupees.|
|40.|Mortgage Deed not being an agreement relating to Deposit of Title deeds pawn or pledge (NO. 6), Bottomry Bond (No. 16), Mortgage of a Crop (No. 41), Respondentia Bond (No. 56), or Security Bond (No. 57).|Five hundred rupees.|
||(a) When possession of the property or any part of the property comprised in such deed is given by the mortgagor on agreed to be given.|The same duty as a conveyance (No. 23) for a market value equal to the amount secured by such deed.|
||(b) When possession is not given or agreed to be given as aforesaid.|The same duty as a Bond (No. 15) for the amount secured by such deed.|
-----
|Col1|Explanation-A mortgagor who gives to the mortgagee a power of attorney to collect rents or a lease of the property mortgaged or part thereof is deemed to give possession within the meaning of this article.|Col3|
|---|---|---|
|Sl. No.|Description of Instrument|Proper Stamp-duty|
||(c) (i) When a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above mentioned purpose where the principal or primary security is duly stamped for every sum secured not exceeding Rs. 1,000.|Three rupees.|
||(ii) and for every Rs. 1,000 or part thereof secured in excess of Rs. 1,000. Exemptions:|Four rupees.|
||(1) Instruments executed by persons taking advance under the Land Improvement Loans Act, 1983 or the Agriculturists Loans Act, 1884, or by their sureties as security for the repayment of such advances. (2) Letter of hypothecation accompanying a bill of exchange.|Act. XIX of 1883|
|42.|Notarial Act, that is to say, instrument, endorsement, note attestation certificate or entry not being a protest (No. 50) made or signed by a Notary Public in the execution of the duties of his office or by any other person lawfully acting as not any public.|Fifteen rupees.|
|43.|Note or Memorandum sent by a, Broker or Agent to his Principal intimating the purchase or sale on account of such principal.||
||(a) of any goods exceeding in value twenty rupees.|Five rupees.|
||(b) of any stock or marketable security exceeding in value twenty rupees.|Five rupees for every Rs. 10,000 or part thereof of the value of the stock or security.|
|44.|Note of Protest by the Master of Ship.|Ten rupees.|
|45.|Partition-Instrument of [As defined by Section 2(15)].|The same duty as a Bond (No. 15) for the amount or the value of the separated share or shares of the property.|
||N.B.-The largest share remaining after the property is partitioned (or if there are two or more shares of equal value and not smaller than any of the other share then one of such equal share) shall be deemed to be that from which the other shares are separated. Provided always that--||
||(a) When an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty paid in respect of the first instrument,||
-----
|Col1|but shall not be less than three rupees and thirty paise;|Col3|
|---|---|---|
|Sl. No.|Description of Instrument|Proper Stamp-duty|
||(b) Where land is held on revenue settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than fifty times the annual revenue.||
||(c) Where a final order for effecting a partition passed by any revenue authority or any Civil Court, or an award by an arbitrator directing a partition is stamped with stamp required for an instrument of partition and an instrument of partition in pursuance of such order of award is subsequently executed the duty in such instrument shall not exceed three rupees and thirty paise.||
|46.|Partnership, A-Instrument of--||
||(a) Where the capital of the partnership does not exceed Rs. 1,000.|The same as the Bond (No. 15).|
||(b) in any other case|Rupees one hundred.|
||B-Dissolution of--||
||Power or Pledge-See Agreement relating to deposit of Title deeds Power of Pledge (No. 6).|Fifty rupees.|
|48.|Power of Attorney (As defined by Section (21), not being proxy,||
||(a) When executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents.|Fifteen rupees.|
||(b) When required in suit or proceedings under Presidency Small Cause Courts Act, 1882.|Fifty rupees.|
||(c) When authorising one person or more to act in a single transaction other than the case mentioned in clause (a).|One hundred rupees.|
||(d) When authorising not more than five persons to act jointly and severally in more than one transaction or generally.|Two hundred rupees.|
||(e) When authorising more than five, but not more than ten persons to act jointly and severally in more than one transaction or generally.|Four hundred rupees.|
||(f) When given for consideration and authorising the attorney to sell immovable property.|Same duty as a conveyance (No. 23) for the amount of the market value.|
||(g) In any other case|One hundred rupees.|
|54.|Reconveyance of Mortgaged Property-- (a) If the consideration for which the property was mortgaged does not exceed Rs. 1,000.|The same duty as a conveyance (No. 23) for the amount of the market value as set forth in the conveyance.|
||(b) If any other case|Sixty rupees.|
|57.|Security Bond or Mortgaged Deed executed by way of security for the due execution of an office or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of a contract.||
-----
|Col1|(a) When the amount secured not exceed Rs. 1,000.|The same duty as Bond for the amount secured.|
|---|---|---|
|Sl. No.|Description of Instrument|Proper Stamp-duty|
||(b) in any other case|Fifty rupees.|
|58.|Settlement||
||A. Instrument of (including a deed of dower).|The same duty as a conveyance (No. 23).|
||B. Revocation of.|The same duty as a conveyance for a sum equal to the amount of value of the property concerned as set forth in the instrument of revocation.|
|60.|Shipping order|Five rupees.|
|61.|Surrender of Lease- (a) When the duty with which the lease is chargeable does not exceed ten rupees.|The duty with which such lease is chargeable.|
|63.|Transfer of Lease by way of assignment and not by way of under lease.|The same duty as a conveyance (No. 23) for a market value equal to the amount of the market value for the transfer.|
||Exemptions.—Transfer of any lease exempt from duty||
|64.|Trust--A-Declaration of, or concerning any property when made by any writing not being a will.|The same duty as a Bond for a sum equal to the amount or value of the property concern, as set forth in the instrument.|
||B-Revocation of, or concerning, any property when made by instrument, any other than a will.|The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding thirty rupees.|
|65.|Warrant for Goods.|Five rupees.|
[Vide Assam Act 22 of 2004, s. 5]
**Himachal Pradesh**
**New Schedule I-A.- After Schedule to the said Act the following shall be inserted, namely:-**
SCHEDULE I-A
RATES OF STAMP DUTY ON CERTAIN INSTRUMENTS
Note.—The Articles in Schedule I-A are numbered so as to correspond with similar Articles in
Schedule I, of the Indian Stamp Act, 1899.
|Art. No.|Description of Instrument|Rates of Stamp Duty|
|---|---|---|
|1.|Acknowledgement of a debt.–exceeding twenty rupees in amount or value, written or signed by, or on behalf of, a debtor in order to supply evidence of such debt, in any book (other than a Banker’s pass- book) or on a separate piece of paper when such|Ten rupees|
-----
|Col1|book or paper is left in the creditor’s possession:|Col3|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
||Provided that such acknowledgement does not contain any promise to pay the debtor any stipulation to pay interest or to deliver any goods or other property.||
|2.|Administration Bond.–including a bond given under section 6, of the Government Savings Bank Act, 1873, or section 29, 375 and 376 of the Indian Succession Act, 1925-in every case.|One hundred rupees.|
|3.|Adoption-Deed.– that is to say, any instrument (other than a Will), recording an adoption, or conferring or purporting to confer an authority to adopt.|One hundred rupees.|
||Advocate.–See Entry as an Advocate (No. 30).||
|4.|Affidavit.–including an affirmation or declaration in the case of persons by law allowed affirming or declaring instead of swearing.|Ten rupees|
||Exemptions||
||Affidavit of declaration in writing when made–||
||(a) as a condition or enrolment under the Army Act, 1950; or Air Force Act, 1950;||
||(b) for the immediate purpose of being filed or used in any court or before the officer of any Court; or||
||(c) for the sole purpose of enabling any person to receive any pension or charitable allowance.||
|5.|Agreement or Memorandum of an Agreement.– if relating to the sale of a bill of exchange or sale of a government security or share in any incorporated company or other body corporate or not otherwise provided for.|Fifty rupees.|
||Exemptions||
||Agreement or memorandum of agreement-||
||(a) for or relating to the sale of goods or merchandise exclusively, not being a Note or Memorandum chargeable under No. 43;||
||(b) made in the form of tenders to the Central Government for or relating to any loan.||
||Agreement to Lease.–See Lease (No. 35).||
|6.|Agreement relating to Deposit of Title Deeds, Pawn or Pledge.– that is to say any instrument evidencing an agreement relating to-||
||deposit of title-deeds or instrument constituting or being evidence of the title to any property whatever (other than a marketable security) or the pawn or pledge of movable property where such deposit, pawn or pledge has been made by way of security for|0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded|
-----
|Col1|the repayment of money advanced or to be advanced by way of loan or an existing or future debt.|off to nearest rupees Ten.|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
||Exemption||
||Instrument of pawn or pledge of goods if unattested.||
||Comments||
||An agreement of hypothecation and question of stamp duty.– There is distinction between a transaction of hypothecation and a transaction of pledge. Because unlike a pledge where the possession of the goods pledged must pass on to the pawnee, no such possession passes on to the creditor in case of hypothecation. As the document in the present case, sought to create two rights in favour of the Bank, i.e. one pertaining to hypothecation of the property and the other pertaining to creation of attorneyship a total stamp of Rs. 11.50 was chargeable to in respect of the document under section 5 of the Stamp Act. Thus the document has been duly stamped being neither a pledge nor a pawn but an agreement of hypothecation covered by Cl. (e) of Art. 5 of Schedule-I to the Stamp Act with a covenant to confer rights of an attorney of the defendant on the plaintiff.||
||Deed of Pawn or Pledge.–There is no dispute between the parties, and rightly so, because even on a plain reading of Cl. 6 of the agreement it transpires that the possession of the goods hypothecated was to remain with the debtor itself. That being so, this deed cannot be held to be a deed of pawn or pledge so as to attract the mischief of Art. 6(2) of Schedule-I to the Stamp Act.||
|7.|Appointment in execution of a Power.–whether of trustees or of property movable or immovable, where made by any writing not being a Will.|One hundred rupees.|
|8.|Appraisement or Valuation.– made otherwise than under an order of the Court in the course of a suit–||
||in every case.|Fifty rupees.|
||Exemptions||
||(a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or of operation of law.||
||(b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent.||
|9.|Apprenticeship-Deed.– including every writing relating to the service or tuition of any apprentice, clerk or servant placed with any master to learn any|As in Schedule-I.|
-----
|Col1|profession, trade or employment, not being articles of clerkship (No. 11).|Col3|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
||Exemption||
||Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1850, or by which a person is apprenticed by or at the charge of, any public charity.||
|10.|Articles of Association of a Company.–||
||in every case.|Two hundred rupees.|
||Exemption||
||Articles of any Association not formed for profit and registered under section 25 of the Companies Act, 1956.||
||See also Memorandum of Association of a Company (No. 39).||
|11|Articles of Clerkship.–||
||Assignment.– See Conveyance (No. 23) Transfer (No. 62) and Transfer of Lease (No. 63), as the case may be.|As in Schedule-I.|
||Attorney.–See Entry as an Attorney (No. 30), and Power of Attorney (No. 48).||
||Authority to Adopt.-See adoption deed (No. 3)||
|12.|Award.– that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the court in the course of a suit—||
||for every amount or value of the property as set forth in such award.|Five hundred rupees.|
|13.|Bill of Exchange.|As in Schedule-I|
|14.|Bill of Lading (including a through bill of lading).|As in Schedule-I|
|15.|Bond.– as defined by section 2(5), not being a debenture (No. 27), and not being otherwise provided for by this Act or by the Court-fees Act, 1870.|0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.|
||See Administration Bond (No.2), Bottomry Bond (No.16), Custom Bond (No.26), Indemnity Bond (No.34), Respondentia Bond (No.56), Security Bond (No.57).||
||Exemption||
||Bond when executed by any person for the purpose of guaranteeing that the local income derived from private subscription to a charitable dispensary or||
-----
|Col1|hospital or to any other object of public utility, shall not be less than a specified sum per mensem.|Col3|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
|16.|Bottomry Bond.–that is to say, any instrument whereby the master of a sea-going ship borrows money on a security of the ship to enable him to preserve the ship or prosecute her voyage.|0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.|
|17.|Cancellation.–Instrument of (including any instrument by which any instrument previously executed is cancelled) if attested and not otherwise provided for.|Fifty rupees.|
||See also Release (No. 55), Revocation of Settlement (No. 58-A), Surrender of Lease (No. 61), Revocation of Trust (No. 64-B).||
|18.|Certificate of Sale.–(in respect of each property put up as a separate lot and sold), granted to the purchaser of any property sold by public auction by a Civil or Revenue Court, or Collector or other Revenue Officer.|5.00% of the market value of the property or to the amount of purchase money, “whichever is higher”, subject to the minimum of rupees one hundred and duty rounded off to nearest rupees Ten.|
|19.|Certificate or other Document.–evidencing the right or title of the holder thereof, or any other person, either to any shares scrip or stock in or of any incorporated company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body.|Ten rupees.|
|20.|Charter Party.—that is to say, any instrument (except an agreement for the hire of a tug steamer), whereby a vessel or some specified principal part thereof is let for the specified purposes of the Charterer, whether it includes a penalty clause or not.|Ten rupees.|
|21.|Cheque.–|[***]. Omitted by Act No. 5 of 1927.|
|22.|Composition-Deed.–that is to say, any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor's business under the supervision of inspectors or under letters of license, for the benefit of his creditors.|One hundred rupees.|
|23.|Conveyance.– as defined by section 2(10) not being a Transfer charged or exempted under No. 62-||
-----
|Col1|Col2|Col3|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
||where the conveyance amounts to sale of immovable property.|4.00% for women and 6.00% for other persons, of the market value of the property or of the amount of purchase money”, “whichever is higher”, subject to the minimum of rupees one hundred and duty rounded off to nearest rupees Ten.|
||Exemption||
||Assignment of copyright.–under the Copyright Act, 1957, Section 18.||
||Co-partnership-deed.–See Partnership (No. 46).||
||Comments||
||Conveyance of Property.-There is no difference between a case of retirement and that of dissolution. A partner stands on the same footing in relation to partnership as a co-owner. In the present case the document executed by the firm relinquishing the rights in favour of the former partner could only be a release. It was not a transfer having not been made in favour of a partner who had no interest in the property. The document executed does not transfer property; hence it was not a conveyance.||
|23(A)|Conveyance in the Nature of Part Performance.– Contracts for the transfer of immovable property in the nature of part performance in any Union territory under section 53 A of the Transfer of Property Act, 1882.|As in Schedule-I.|
|24.|Copy or Extract.–certified to be true copy or extract, by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees, in every case.|Ten rupees.|
||Exemptions||
||(a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose.||
||(b) Copy of, or extract from, any register relating to births, baptisms, namings, dedications, marriages, divorces, deaths or burials.||
|25.|Counterpart or Duplicate.– of any instrument chargeable with duty and in respect of which the proper duty has been paid, for every case.|Ten rupees.|
||Exemption||
-----
30. **Entry as an Advocate, Vakil or Attorney on the**
|Col1|Counterpart of any lease granted to a cultivator, when such lease is exempted from duty.|Col3|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
||Comments||
||Whether the stamp duty payable is payable on a counterpart.-Article 25 of the First Schedule to the Indian Stamp Act simply states the stamp duty payable on a counterpart or on a duplicate. Hence, an unstamped counterpart can be validated by payment of proper stamp duty and penalty therefor.||
|26.|Customs-Bonds.–in every case.|One hundred rupees.|
|27.|Debenture.– (where a mortgage debenture or not), being a marketable security transferable-||
||(a) by endorsement or by a separate instrument of transfer;|As in Schedule-I.|
||(b) by delivery.|As in Schedule-I.|
||Explanation.-The term “Debenture” includes any interest coupons attached thereto, but the amount of such coupons shall not be included in estimating the duty.||
||Exemption||
||A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage-deed, duly stamped in respect of the full amount of debentures to be issued thereunder, whereby the company or body borrowing makes over, in whole or in part their property to trustees for the benefit of the debenture holders; provided that the debentures so issued are expressed to be issued in terms of the said mortgage-deed.||
||See also Bond (No. 15) and sections 8 and 55.||
||Declaration of any trust-See Trust (No. 64).||
|28.|Delivery Order in respect of Goods.|One hundred rupees.|
||Deposit of Title-Deeds- See Agreement Relating to Deposit of Title-Deeds, Pawn or Pledge (No. 6).||
||Dissolution of Partnership- See Partnership (No. 46).||
|29.|Divorce, Instrument of.–that is to say, any instruments by which any person effects the dissolution of his marriage.|One hundred rupees.|
||Dower, Instrument of- See Settlement (No. 58).||
||Duplicate- See Counterpart (No. 25).||
|30.|Entry as an Advocate, Vakil or Attorney on the||
-----
|Col1|Roll of the High Court.–|Col3|
|---|---|---|
||in the case of an Advocate or Vakil or an Attorney.|One thousand rupees.|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
||Exemption||
||Entry as an Advocate, Vakil or Attorney on the roll of any High Court, when he has previously been enrolled in any other High Court.||
|31.|Exchange of Property, Instrument of.|0.05% of the higher value value of exchanged property, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.|
||Extract- See Copy (No.24).||
|32.|Further Charge, Instrument of.– that is to say, any instrument imposing a further charge on mortgaged property-||
||(a) if at the time of execution of the instrument of further charge, the possession of the property is given or agreed to be given under such instrument;|5 . 0 0 % o f t h e market value of the property or consideration amount, “whichever is higher”, subject to the minimum of rupees one hundred and duty rounded off to nearest rupees Ten.|
||(b) if possession is not so given.|0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.|
|33.|Gift, Instrument of.–not being a Settlement (No. 58) or Will or Transfer (No. 62).|[4.00% for women and 6.00% for other persons,] of the market value of the property, subject to the minimum of rupees one hundred and duty rounded off to nearest rupees Ten.|
||Hiring Agreement or Agreement for Service.–See Agreement (No. 5).||
|34.|Indemnity Bond.– in every case.|One hundred rupees.|
||Inspectorship-Deed.– See Composition- Deed (No. 22).||
|35.|Lease.– including an under-lease or sub-lease and any agreement to let or sublet-|5.00% of the market value of the leased property, subject to the minimum of rupees one|
-----
37. **Letter of Credit.** As in Schedule-I.
|Col1|Col2|hundred and duty rounded off to nearest rupees Ten.|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
||(a) where the lease purports upto one hundred years or exceeding hundred years;|Formula for calculating the stamp duty on Lease Deeds :- 5% × Market Value ×(Period of Lease) 100|
||(b) where the lease purports in perpetuity and does not purport to be for any definite term and time.|5.00% of the market value of the leased property or the whole lease amount which would be paid or delivered under such lease, if any, “whichever is higher,” subject to the minimum of rupees one hundred and duty rounded off to nearest rupees Ten.|
||Exemption||
||Lease, executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year or when the average annual rent reserved does not exceed one hundred rupees.||
||In this exemption a lease for the purposes of cultivation shall include a lease of lands for cultivation together with a homestead or tank.||
||Explanation.–When a lessee undertakes to pay any recurring charge such as Government revenue, the land-lords share of cesses, or the owner’s share of municipal rates or taxes, which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent.||
||Comments||
||Any agreement to let-Whether amounts to a lease.- Article 35 would indicate that it is not only a lease which is covered by this Article, but also any agreement to let. An agreement to let need not be a lease. In order to determine whether in any given case, it is reasonable to infer the existence of agreement one has to see if one party has made an offer and the other party has accepted the same. To constitute an agreement, it is necessary that the intention of the parties must be definite and common on both. This can be achieved if the terms and conditions are expressly arrived at or could impliedly be found.||
|36.|Letter of Allotment of Shares.|Ten rupees.|
|37.|Letter of Credit.|As in Schedule-I.|
-----
|Col1|Letter of Guarantee.– See Agreement (No. 5).|Col3|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
|38.|Letter of License.–that is to say, any agreement between a debtor and his creditors that the latter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion.|Fifty rupees|
|39.|Memorandum of Association of a Company.–||
||(a) if accompanied by articles of association under sections 26, 27 and 28 of the Companies Act, 1956;|One hundred rupees.|
||(b) if not so accompanied.|Two hundred rupees.|
||Exemption||
||Memorandum of any association not formed for profit and registered under section 25 of the Companies Act, 1956.||
|40.|Mortgage-Deed.– not being an agreement relating to deposit of Title-deeds, Pawn or Pledge (No. 6), Bottomry Bond (No. 16), Mortgage of a crop (No. 41), Respondentia Bond (No. 56), or Security Bond (No. 57),-||
||(a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given;|[4.00% for women and 6.00% for other persons,] of the market value of the property or consideration amount, “whichever is higher”, of rupees one hundred and duty rounded off to nearest rupees Ten.|
||(b) when possession is not given.|0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.|
||Explanation.- A mortgagor who gives to the mortgagee a Power-of-Attorney to collect rents or a lease of the property mortgaged or part thereof is deemed to give possession within the meaning of this article.||
||Exemption||
||Instrument, executed by persons taking advances under the Land Improvement Loans Act, 1883, or the Agriculturists Loans Act, 1884, or by their sureties as security for the repayment of such||
-----
|Col1|advances.|Col3|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
||Comments||
||Undertaking affidavit whether could be charged as a mortgage-deed.–The undertaking affidavit has to be charged as a mortgage deed, which has to suffer stamp duty as prescribed under Art. 40 of Schedule-I to the Indian Stamp Act. Thus Art. 40 and not Art. 57 of Schedule-I to the said Act is the appropriate article applicable to the instant case.||
|41.|Mortgage of a Crop.– including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop is or is not in existence at the time of the mortgage-||
||for every sum secured.|0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.|
|42.|Notarial Act.–that is to say, any instrument, endorsement, note, attestation certificate or entry not being a Protest (No. 50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public.|Ten rupees.|
||See also Protest of bill or note (No. 50).||
|43.|Note or Memorandum.– sent by a broker or agent to his principal, the purchase or sale on account of such principal-||
||of any goods or of any stock or marketable security.|Fifty rupees.|
|44.|Note of Protest by the Master of a Ship.|Ten rupees.|
|45.|Partition.–Instrument of as defined by section 2(15).|0.05% of the market value of the property being partitioned subject to the minimum of rupees one hundred and maximum of rupees one thousand and duty rounded off to nearest rupees Ten.|
|46.|Partnership.–||
||A. Instrument of-|Two hundred rupees.|
||For every capital of the partnership.||
||B. Dissolution of-|Fifty rupees.|
||Pawn or Pledge.–See Agreement relating to Deposit of Title-Deed, Pawn or Pledge (No. 6).||
-----
|47.|Policy of Insurance.–|As in Schedule-I.|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
|48.|Power of Attorney.– as defined by section 2(21), not being a Proxy (No. 52),-||
||(a) when authorizing one or more persons to act jointly and severally in a single transaction for sole purpose (including suit or proceedings);|One hundred rupees.|
||(b) when authorizing one or more persons to act jointly and severally in more than one transaction or generally;|One hundred and fifty rupees.|
||(c) in any other case.|Two hundred rupees.|
|||N.B.- The term "registration" includes every operation, incidental to registration under the Indian Registration Act, 1908.|
||Explanation.–For the purposes of this article more persons than one when belonging to the same firm shall be deemed to be one person.||
|49.|Promissory Note.|As in Schedule-I.|
|50.|Protest of Bill or Note.– that is to say, any declaration in writing made by a Notary Public or other person lawfully acting as such, attesting the dishonour of a Bill of Exchange or Promissory Note.|Ten rupees.|
|51.|Protest by the Master of a Ship.|As in Schedule-I.|
|52.|Proxy.|As in Schedule-I.|
|53.|Receipt.|As in Schedule-I.|
|54.|Re-Conveyance of Mortgaged Property.– in every case.|One hundred rupees.|
|55.|Release.– that is to say, any instrument (not being such a release as is provided for by section 23-A) whereby a person renounces a claim upon another person or against any specified property-||
||in every case.|0.05% of the market value of the released property, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.|
||Comments||
||A release deed-whether can transfer title. A release deed would not be effective to transfer title. A release deed can only feed title but cannot transfer||
-----
|Col1|title.|Col3|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
||Renunciation or relinquishment.- If the appellant had no title to the property at the time of renunciation except the off-chance of succeeding by survivorship to the estate after the death of his father, the renunciation or relinquishment under the deed would not clothe him with any title to the property. Renunciation must be in favour of a person, who had already title to the estate, the effect of which is only to enlarge the right.||
|56.|Respondentia Bond.–that is to say, any instrument securing a loan on the cargo laden or to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination.|0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.|
||Revocation of any Trust or Settlement.–See Settlement (No.58), Trust (No.64).||
|57.|Security-Bond or Mortgage Deed.– executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of a contract or the due discharge of a liability–||
||in every case.|0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.|
||Exemption||
||Bond or other instrument when executed—||
||(a) by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility, shall not be less than a specified sum per mensem;||
||(b) by persons taking advances under the Land Improvement Loans Act, 1883, or the Agriculturist’s Loans Act, 1884, or by their sureties, as security for the repayment of such advances;||
||(c) by officers of Government or their sureties to secure the due execution of an office, or the due accounting for money or other property received by virtue thereof.||
||Comments||
||Undertaking affidavit-Whether amounts to a mortgage deed.-The undertaking affidavit has to be charged as a mortgage deed, which has to suffer stamp duty as prescribed under Art. 40 of Schedule-I to the Indian Stamp Act. It was not correct to say that the affidavit merely disclosed an undertaking and if at all it was chargeable it could be only under Art. 57||
-----
|Col1|(b) of Schedule-I to the Indian Stamp Act.|Col3|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
|58.|Settlement.–||
||A-Instrument of (including a deed of dower).|0.05% of the market value of the settled property, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.|
||Exemption||
||Deed of dower executed on the occasion of a marriage between Muhammadans.||
||B-Revocation of-||
||See also Trust (No. 64).|Fifty rupees.|
|59.|Share Warrants.–to bearer issued under the Companies Act, 1956.|The same duty as payable on a mortgage deed with possession [40(a)] for the amount equal to the nominal amount of the shares specified in the warrant.|
||Exemptions||
||Shares warrant when issued by a company in pursuance of the Companies Act, 1956, section 114, to have effect only upon payment, as composition for that duty, to the Collector of stamp-revenue of-||
||(a) one-and-a-half percentum of the whole subscribed capital of the company; or||
||(b) if any company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital-one-and-a-half percentum of the additional capital so issued.||
|60.|Shipping Order.|Ten rupees|
|61.|Surrender of Lease. in every case.|One hundred rupees.|
||Exemption||
||Surrender of lease, when such lease is exempted from duty.||
|62.|Transfer.– (whether with or without consideration)-||
||(a) of shares in an incorporated company or other body corporate;|As in Schedule-I.|
||(b) of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8;|The same duty as Debenture (No.27) as levied by this Act, for a consideration equal to the face amount of the|
-----
|Col1|Col2|debenture.|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
||(c) of any interest secured by a bond, mortgage- deed or policy of insurance;|The same duty with which such bond, mortgage-deed or policy of insurance is chargeable subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.|
||(d) of any property under the Administrator General’s Act, 1913, Section 25;|One hundred rupees.|
||(e) of any trust-property without consideration from one trustee to another trustee, or from a trustee to a beneficiary.|Two hundred rupees.|
||Exemption||
||Transfers by endorsement—||
||(a) of a bill of exchange, cheque or promissory note;||
||(b) of a bill of lading, delivery order, warrant for goods, or other mercantile document of title to goods;||
||(c) of a policy of insurance;||
||(d) of securities of the Central Government.||
||See also section 8.||
|63.|Transfer of Lease.—by way of assignment, and not by way of under lease.|The same duty as Article (No. 35) as levied by this Schedule, for the same amount of such transfer.|
||Exemption||
||Transfer of any lease exempt from duty.||
|64.|Trust.–||
||A. Declaration of-of, or concerning any property when made by any writing not being a Will;|Two hundred rupees.|
||B. Revocation of-of, or concerning any property when made by any instrument other than a Will.|Fifty rupees.|
||See also Settlement (No. 58), Valuation- See Appraisement (No. 8), Vakil-See Entry as Vakil (No. 30).||
||Comments||
||Religious or charitable endowment- Whether fall within the purview of the Trusts Act.- Religious or charitable endowments, whether public or private, do not fall within the purview of the Trusts Act. Article 64 of the Stamp Act provides for the levy of stamp duty on trust. Accordingly, Art. 64 cannot be pressed into service in case which deals with charitable||
-----
65. **Warrant for Goods.– that is to say, any instruments** Ten rupees.
evidencing the title of any person therein named, or
his assigns, or the holder thereof, to the property in
any goods lying in or upon any dock, warehouse or
wharf, such instrument being signed or certified by
or on behalf of the person in whose custody such
goods may be.
[Vide Himachal Pradesh Act 4 of 1953, s. 12]
**Orissa**
**Amendment of Schedule** **I-A**
**In Schedule I-A to the principal Act,—**
(i) in article 3, for the words, “Two hundred rupees” appearing in column (2), the words “Two
hundred and fifty rupees” shall be substituted;
(ii) in article 5,—
(a) for the words “one rupee” appearing in column (2) against clause (a), the words “five
rupees” shall be substituted;
(b) for the words “forty-two rupees fifty paise” appearing in column (2) of the entry against
clause (b), the words “ fifty rupees” shall be substituted; and
(c) for the words “Three rupees” appearing in column (2) against clause (c), the words “Ten
rupees” shall be substituted;
(iii) in clause (2) of article 6,—
(a) for sub-section (a), the following sub-clause shall be substituted, namely:—
(a) if such loan or debt is repayable on demand or more than three months from the date of
instrument evidencing the agreement:—
When the amount of the loan or debt does not
: Five rupees,
exceed Rs. 500
When it exceeds Rs. 500 but does not exceed Rs. : Ten rupees,
1,000
And for every additional Rs. 1,000 or part thereof in : Ten rupees” ;and
excess or Rs. 1,000
(b) in sub-clause (b), for the word, brackets and letter “ clause (a)”, the word, brackets and
letter “sub-clause (a)” shall be substituted;
(iv) in article 7, for the words “One hundred rupees” appearing in column (2), the words “One hundred
and fifty rupees” shall be substituted;
## (v) in article 8, for the words “Twenty-one-rupees” appearing in column (2) against clause (b), the
words “Fifty rupees” shall be substituted;
|Col1|trusts.|Col3|
|---|---|---|
|Art. No.|Description of Instrument|Rates of Stamp Duty|
|65.|Warrant for Goods.– that is to say, any instruments evidencing the title of any person therein named, or his assigns, or the holder thereof, to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be.|Ten rupees.|
-----
(vi) in article 10, for the words “ Two hundred rupees” appearing in column (2), the words “Three
hundred rupees” shall be substituted;
(vii) in article 12,—
(a) for the words, brackets and figure “The same duty as a BOTTOMRY BOND (No. 16) or
such amount” appearing in column (2) against clause (a), the words, brackets and figure “The same
duty as a BOND (No.15) or such amount” shall be substituted,
(b) for the words “Twenty-seven rupees” appearing in column (2) against clause (b), the words
“Fifty rupees” shall be substituted; and
(c) for the entry appearing at the end in column (2), the following entry shall be substituted,
namely:— “Two rupees subject to a maximum of two hundred rupees.”
(viii) for article 15 including the entries against it but excluding reference to other Bonds commencing
with the word “See and ending with the words “SECURITY BOND” followed by the “Ex-emptions”
appearing at the end in column (1), the following shall be substituted under appropriate columns,
namely:—
(1) (2)
## 15. BOND, as defined by section 2 (5) Two per centum of the amount or the value not being a DEBENTURE and not secured.; being otherwise provided for by this Act, or by the Court Fees Act, 1870.
(ix) for article 16 including the entries against it, the following Article with its entries shall be
substituted under appropriate columns, namely:—
## (1) (2)
16. BOTTOMRY BOND, that is to say any The same duty as a BOND (No.15) on the
instrument whereby the master of a sea- amount or value secured.;
going ship borrows money on the security
of the ship to enable him to preserve the
ship or prosecute her voyage.
(x) in article 17, for the words “One hundred rupees” appearing in column (2), the words “ One
hundred and fifty rupees” shall be substituted;
(xi) in article 18, for clauses (a), (b), and (c) including the entries appearing against them in
column (2), the following clauses with their respective entries shall be substituted under appropriate
columns, namely:—
|(1)|(2)|
|---|---|
|15. BOND, as defined by section 2 (5) not being a DEBENTURE and not being otherwise provided for by this Act, or by the Court Fees Act, 1870.|Two per centum of the amount or the value secured.;|
|(1)|(2)|
|---|---|
|16. BOTTOMRY BOND, that is to say any instrument whereby the master of a sea- going ship borrows money on the security of the ship to enable him to preserve the ship or prosecute her voyage.|The same duty as a BOND (No.15) on the amount or value secured.;|
|(1)|(2)|
|---|---|
|(a) Where the purchase money does not exceed Rs. 100.|Two rupees|
|(b) in any other case|The same duty as is leviable on a CONVEYANCE under Division (A), (B), or (C), as the case may be, of article 23 for a consideration equal to the amount of the purchase money only”.;|
-----
(xii) after article 18, the following Article with the entries against it shall be inserted under
appropriate columns, namely:—
(1) (2)
## “19. CERTIFICATE OR OTHER One rupees”.;
DOCUMENT, evidencing the right or title of the holder thereof, or any other person either to any shares, scrip or stock in a or of any incorporated company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body. See also LETTER OF
ALLOTMENT OF SHARES (No. 36).
(xiii) in article 22, for the words “Fifty rupees” appearing in column (2), the words “Seventy rupees”
shall be substituted;
(xiv) for article 23 including the entries against it, the following article with its entries shall be
substituted under appropriate columns, namely:—
## (1) (2)
“23. CONVEYANCE-As defined by section 2 (10) not being a transfer charged or exempted under No.62:—
(a) In respect of movable property Four per centum of the amount or value of
the consideration as set forth in the
instrument.
(b) In respect of immovable property Eight per centum of the amount or value of
the consideration for such conveyance as set
forth therein or the market value of the
property whichever is higher.
(c) In respect of a multi-unit house or unit
of apartment/flat/portion of a multistoried
building or part of such structure to
which the provisions of the Orissa
Apartment Ownership Act, 1982 Orissa
Act 1 of 1984 apply—
(i) where the amount or value of the Three per centum of the amount.
consideration for such conveyance as set
forth therein or market value of the property
whichever is higher, does not exceed rupees
5 lakhs.
(ii) where it exceeds rupees 5 lakhs, but Four per centum of the amount.
does not exceed rupees 15 lakhs.
(iii) where it exceeds rupees 15 lakhs. Seven per centum of the amount.
|(1)|(2)|
|---|---|
|“19. CERTIFICATE OR OTHER DOCUMENT, evidencing the right or title of the holder thereof, or any other person either to any shares, scrip or stock in a or of any incorporated company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body. See also LETTER OF ALLOTMENT OF SHARES (No. 36).|One rupees”.;|
-----
_Explanation- For the purpose of this_
article, an agreement to sell any
immovable property or a power of
attorney shall, in case of transfer of the
possession of such property before or at
the time of or after the execution of such
agreement or power of attorney, be
deemed to be a conveyance and the stamp
duty thereon shall be chargeable
accordingly:
Provided that the stamp duty already
paid on such agreement or power of
attorney shall, at the time of the execution
of a conveyance in pursuance of such
agreement or power of attorney, be adjusted
towards the total amount of duty chargeable
on the conveyance:
Provided further that section 47-A shall
not apply to such agreement and power of
attorney.
_Exemptions_
Assignment of copyright under the Copyright Act, 1957, (14 of 1957) section 18 Co-partnership deed
(See PARTERSHIP No. 46)
(xv) in article 24,—
(a) for the words “Two rupees and fifty paise” appearing in column (2) against clause (i), the words
“Five rupees” shall be substituted; and
(b) for the words “Five rupees” appearing in column (2) against clause (ii), the words. “Ten rupees”
shall be substituted;
(xvi) in article 25, for the words “Five rupees” appearing in column (2) against (b), the words “Ten
rupees” shall be substituted;
(xvii) in article 26, for the words “Fifty rupees” appearing in column (2) against clause (b), the words
“One hundred rupees” shall be substituted;
(xviii) in article 29, for the words “one hundred rupees” appearing in column (2), the words “Two
hundred rupees” shall be substituted;
(xix) in article 31, for the entry appearing in column (2), the following entry shall be substituted,
namely:—
The same duty as is leviable on a conveyance under Division (A), (B), or (C), as the case may be,
of article 23 for a consideration as set forth in such instrument or the market value of the property,
whichever is higher”;
(xx) in article 32, for the expression “(No. 23)” wherever it occurs in column (2), the words, brackets,
letter and figure “under Division (A), of article 23 shall be substituted;
(xxi) in article 33, for the expression “(No. 23)” appearing in column (2), the words, brackets, letters
and figure “Under Division (A), (B), or (C), as the case may be, of article 23” shall be substituted;
(xxii) in article 35, for the expression “(No. 23)” wherever it occurs in column (2), the words, brackets,
letters and figure “Under Division (A), substituted;
(xxiii) after article 35, the following article with its entries shall be inserted under appropriate
columns, namely:—
-----
(1) (2)
“36. LETTER OF ALLOTMENT OF
SHARES
In any company or proposed company, or in
respect of any loan to be raised by any
company or proposed company.
See also CERTIFICATE OR OTHER
DOCUMENT (No.19)
One rupees.”;
(xxiv) in article 38, for the words, “fifty rupees” appearing in column (2), the words “One hundred
rupees” shall be substituted;
(xxv) in article 39, for the words “Two hundred rupees” and Five hundred rupees” appearing in
column (2), against clause (a) and clause (b), the words “Three hundred rupees” and “Six hundred
rupees” shall respectively be substituted;
(xxvi) in article 40, for the expression “(No. 23)” appearing in column (2), against clause (a), the
words, brackets, letters and figure “under Division (A), (B) or (C), as the case may be, of article 23”
shall be substituted;
(xxvii) in article 41,—
(a) for the words “Thirty paise” wherever it occurs in column (2) against clause (a), the words
“One rupees” shall be substituted; and
(b) for the words “Forty paise” appearing in column (2) against clause (b), the words “Two
rupees” shall be substituted;
(xxviii) in article 42, for the words “Twenty rupees” appearing in column (2), the words “Thirty
rupees” shall be substituted;
(xxix) in article 43, for the words “Seventy-five paise” and “Forty-two rupees and fifty paise”
appearing in column (2) against clause (a) and clause (b), the words “One rupee” and Fifty rupees”
shall respectively be substituted;
(xxx) in article 44, for the words, Ten rupees” appearing in column (2), the words “Twenty rupees”
shall be substituted;
(xxxi) in article 46,—
(a) for the words, “Twenty rupees” and “One hundred rupees” appearing in column (2) against
clause (a) and clause (b) of Division A, the words “Fifty rupees” and “Two hundred rupees” shall
respectively be substituted, and
(b) for the words “Fifty rupees” appearing in column (2) against Division B, the words “One
hundred rupees” shall be substituted;
(xxxii) in article 48,—
(a) for the words “Ten rupees”, Fifty rupees” and “One hundred rupees” appearing in
column (2), against clause (c), clause (d) and clause (e), the words “Twenty rupees”, “One hundred
rupees”, and “Two hundred rupees” shall respectively be substituted, and
(b) for the expression “(No. 23)” appearing in column (2) against clause (f), the words, brackets,
letters and figure “under Division (B) or (C), as the case may be, of article 23” shall be substituted;
(xxxiii) in article 54,—
(a) for the expression “(No.23)” appearing in column (2) against clause (a), the words,
brackets, letters and figure “under Division (A) of article 23” shall be substituted, and
-----
(b) for the words “Forty-two rupees” appearing in column (2) against clause (b), the words
“Fifty rupees” shall be substituted;
(xxxiv) in article 55 and 57, for the words “Twenty-one rupees” appearing in column (2), against
clause (b), the words “One hundred rupees” shall be substituted;
(xxxv) in article 58,—
(a) The brackets and letter “(A)” appearing at the beginning shall be omitted,
(b) In the proviso to the entry appearing in column (2) against Division (A), for the words “three
rupees”, the words “ten rupees” shall be substituted;
(c) for the words “forty-two rupees” appearing at the end of the entry in column (2) against
Davision (B), the words “One hundred rupees” shall be substituted.
(xxxvi) in article 59, for the expression “(No.23)” the words, brackets, letters and figure “under
Division (A), of article 23” shall be substituted;
(xxxvii) in article 61, for the words “Twenty-one rupees” appearing in column (2), against clause (b),
the words “Fifty rupees” shall be substituted;
(xxxviii) in article 62,—
(a) for the words “bond of mortgage deed” appearing in the opening portion of clause (c) the
words “Bond for Mortgage Deed” shall be substituted, and
(b) for the words “twenty-one rupees”, “Forty-two rupees” and “Eighteen rupees and seventy
five paise” appearing in column (2) against sub-clause (ii) of clause (c) clause (d) and clause (e)
respectively, the words “Fifty rupees” shall be substituted;
(xxxix) in article 63,—
(a) for the words “TRANSFER OF LEASE” appearing in column (1), the words “TRANSFER
OF LEASE” shall be substituted; and
(b) for the expression “(No. 23)” appearing in column (2), the words, brackets, letters and figure
“under Division (A),(B) or (C), as the case may be, of article 23” shall be substituted;
(xi) in article 64, for the words “Sixty –two rupees” and “Forty-two rupees” appearing in column (2)
against Division (A) and Division (B), the words “One hundred rupees” and “Fifty rupees” shall
respectively be substituted; and
(xii) in article 65, for the words, “Five rupees” appearing in column (2), the words “Ten rupees” shall
be substituted.
[Vide Orissa Act 1 of 2003, s. 7]
**Orissa**
**Repeal of Orissa Act 32 of 1970.—The Orissa Additional Stamp Duty Act, 1970 Orissa Act 32 of**
1970 is hereby repealed.
[Vide Orissa Act 1 of 2003, s. 8]
**Odisha**
Amendment of Schedule 1-A—In Schedule I-A to the Indian Stamp Act, 1899 (2 of 1899)—
(i) In Article A, for sub-clause (a) of clause (2) following sub-clause shall be substituted,
namely:—
“(a) If such loan or debt is
repayable on demand or more
than three months from the
date of execution of the
instrument evidencing the
agreement—
0.5% percentum on loan or debt.
Amount subject to maximum of
Rupees five thousand”.
(ii) in Article 54, after clause (b) following clause shall be inserted, namely:—
-----
“(c) in case of loans for agriculture
purpose—
[Vide Odisha Act 8 of 2013, s. 2]
**Odisha**
Nil.”.
**Amendment of Schedule 1-A. —In the Indian Stamp Act, 1899, in Schedule 1-A, —**
(a) in article 23, for the Explanation including the provisos thereto appearing in column (1),
## the following explanation shall be substituted, namely:—
“Explanation.— for the purposes of this Article, an agreement to sell involving delivery of
possession of any immovable property or a power of attorney, authorizing the person other than those mentioned in clause (g) of Article 48, to sell such immovable property, shall be deemed to be a conveyance and accordingly, the stamp duty shall be payable on the instrument on the basis of the market value of the property which is the subject matter of such instrument:
Provided that the stamp duty already paid on such agreement to sell shall, at the time of
execution of the sale deed by the same person in pursuance of such agreement, be adjusted towards the total amount of duty chargeable on the conveyance.”
(b) in Article 48,—
(i) for the words “Fifty rupees”, “Five rupees”, “Twenty rupees”, “One hundred
rupees” and “Two hundred rupees”, appearing in column (2) under the heading “proper stamp duty against clauses (a), (b), (c), (d) and (e), the words “One hundred rupees”, “Ten rupees”, “Fifty rupees”, “Five hundred rupees” and “One thousand rupees” shall, respectively, be substituted; and
(ii) for clause (g), including the entires, the following clauses shall be substituted, under
the appropriate column, namely:—
## (g) When power given to father, mother, wife,
husband, son, daughter, brother or sister in relation to the executant authorizing such person to sell immovable property situated in the State of Odisha.
(h) in any other case.
[Vide Odisha Act 1 of 2015, s. 2]
Orissa
One thousand rupees
Twenty rupees for each person, so
authorized.
**Amendment of Schedule I-A, Indian Stamp Act, 1899.—For the entries in columns 1 and 2 against**
clause (a) under item 30 of Schedule I-A of the Indian Stamp Act, 1899, (II of 1899) the following entries
shall be respectively substituted, namely:—
-----
(a) in the case of Advocates—
(i) with respect of persons who
possess degree of Bachelor of Law Rupees two hundred and fifty.
and are either deemed to be Advocates
under sub-section (1) of section 42 of
the Legal Practitioners Act, 1879,
(XVIII of 1879) or enrolled as pleaders
under the said Act, and have practiced
for not less than ten years.
(ii) with respect to another Rupees six hundred and twenty five.
Advocates .
Exemption from surcharge Stamp Duty.— Notwithstanding anything contained in the Orissa Stamp
(Surcharge Amendment) Act, 1947 (Orissa Act XXIII of 1947) no surcharge shall be levied in the case of
Stamp duties livable under clause (a) of the entry herein before specified.
[Vide Orissa Act 8 of 1956, s. 2 & 3]
**Orissa**
**Amendment of Schedule I-A, Act 2 of 1899. —** For schedule I-A of the Indian Stamp Act, 1899 (2 of
1899) the following Schedule shall be substituted, namely:—
- - -
*N.B. Schedule-I-A has been substituted in O.A. 6 of 1986.
[Vide Orissa Act 19 of 1958, s. 3]
**Orissa**
**Amendment of Schedule 1-A, Act 2 of 1899.—For Schedule 1-A of the principal Act, the following**
Schedule shall be substituted, namely: —
- - - -
SCHEDULE 1-A
STAMP DUTY ON CETAIN INSTRUMENTS UNDER THE INDIAN STAMP (ORISSA
AMENDMENT) ACT, 1986.
(See Section 3)
Note — The articles in Schedule 1-A are numbered so as to correspond with similar articles in
Schedule 1.
Description of Instrument Proper Stamp-duty
(1) (2)
**2.** **ADMINISTRATION** **BOND,** The same duty as a BOND ( No. 15)
including a bond given under sections for the same amount.
|(i) with respect of persons who possess degree of Bachelor of Law and are either deemed to be Advocates under sub-section (1) of section 42 of the Legal Practitioners Act, 1879, (XVIII of 1879) or enrolled as pleaders under the said Act, and have practiced for not less than ten years.|Rupees two hundred and fifty.|
|---|---|
|(ii) with respect to another Advocates .|Rupees six hundred and twenty five.|
|Description of Instrument|Proper Stamp-duty|
|---|---|
|(1)|(2)|
|2. ADMINISTRATION BOND, including a bond given under sections 291, 375, and 376 of the Indian Succession Act, 1925 (39 of 1925) or section 6 of the Government Savings Banks Act, 1873 (5 of 1873).|The same duty as a BOND ( No. 15) for the same amount.|
|3. ADOPTION DEED. That is to say, any Instrument (Other than a will) recording an adoption or conferring or purporting to confer an authority to adopt.|Twenty-eight rupees and twelve naye paise.|
-----
|4. AFFIDAVIT. Including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing.|Three rupees and seventy-five naye paise.|
|---|---|
|Exemptions||
|Affidavit or declaration in writing when made—||
|(a) as a condition of enrolment under the Army Act, 1950 (46 of 1950) or the Air Force Act, 1950 (45 of 1950);||
|(b) for the immediate purpose of being filed or used in any Court or before the Officer of any Court;||
|(c) for the sole purpose of enabling any person to receive any pension of charitable allowance.||
|5.AGREEMENT OR MEMORANDUM OF AN AGREEMENT;||
|(a) if relating to the sale of a Bill of Exchange;|Thirty-eight naye paise|
|(b) if relating to the sale of a Government security or share in an incorporated Company or other body corporate;|Subject to maximum of twenty-eight rupees twelve naye paise for every ten thousand or part thereof of the value of the security or share.|
|(c) if not otherwise provided for|One rupee and thirty-eight naye paise.|
|Exemptions||
|Agreement or memorandum of agreement—||
|(a) for or relating to the sale of goods or merchandise exclusively, not being a Note or Memorandum chargeable under No. 43.||
|(b) Made in the form of tenders to the Central Government for, or relating to any loan.||
|AGREEMENT TO LEASE—See LEASE (No-35)||
|6. AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE, that is to say, any instrument evidencing an agreement relating to||
|(1) The deposit of title deeds or instruments Constituting or being evidences of the title to any property whatever ( Other than a marketable security) or||
|Description of instrument.|Proper Stamp-duty|
|(1)|(2)|
|(2) The pawn or pledge of movable property, Where such deposit, pawn or pledge has been Made by way of security for the repayment of money advanced or||
-----
|to be advanced by way of loan or an existing or future debt—|Col2|Col3|Col4|
|---|---|---|---|
|(a) If such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement.||||
||If drawn Singly|If drawn in set of two for each part of set|If draw in set of three for each part of the set|
|(1)|(2)|(3)|(4)|
||Rs. nP.|Rs. nP.|Rs. nP.|
|When it amount of the loan or debt does not exceed Rs.100|0.40|0.24|0.24|
|When the amount of the loan or debt exceeds Rs. 100 but does not exceed Rs. 200.|0.64|0.40|0.24|
|When it exceeds Rs. 200 but does not exceed Rs. 400|1.12|0.64|0.40|
|When it exceeds Rs. 400 but does not exceed Rs. 600|1.64|0.88|0.64|
|When it exceeds Rs. 600 but does not exceed Rs. 800|2.12|1.12|0.76|
|When it exceeds Rs. 800 but does not exceed Rs. 1,000|2.76|1.40|0.88|
|When it exceeds Rs. 1,000 but does not exceed Rs. 1,200|3.12|1.64|1.12|
|When it exceeds Rs. 1,200 but does not exceed Rs. 1,600|4.12|2.12|1.40|
|When it exceeds Rs. 1,600 but does not exceed Rs. 2,500|6.40|3.24|2.12|
|When it exceeds Rs. 2,500 but does not exceed Rs. 5,000|12.64|6.40|4.12|
|When it exceeds Rs. 5,000 but does not exceed Rs. 7,500|19.00|9.64|6.40|
|When it exceeds Rs. 7,500 but does not exceed Rs. 10,000|25.24|12.64|8.40|
|Description of instrument.|Proper Stamp-duty|||
|(1)|(2)|||
|When it exceeds Rs. 10,000 but does not exceed Rs. 15,000|37.88|19.00|12.64|
|When it exceeds Rs. 15,000 but does not|50.64|25.24|16.88|
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|exceed Rs. 20,000|Col2|Col3|Col4|
|---|---|---|---|
|When it exceeds Rs. 20,000 but does not exceed Rs. 25,000|63.24|31.64|21.12|
|When it exceeds Rs. 25,000 but does not exceed Rs. 30,000 and|75.88|37.88|25.24|
|for every additional Rs. 10,000 or part thereof in excess of Rs. 30,000.|25.24|12.64|8.40|
|(b) if such loan or debt is repayable not more than three months from the date of such instrument.|Half the duty payable on a loan or debt under clause (a) (i), clause (a) (ii) or clause (a) (iii) for the amount secured.|||
|Exemption||||
|Instrument of pawn or pledge of goods, if unattested||||
|7. APPOINTMENT IN EXECUTION OF A POWER, whether of trustees or of property, movable or immovable, where made by any writing not being a will.|Forty-six rupees and eighty-eight naye Paise.|||
|8. APPRAISEMENT OR VALUATION, made otherwise than under an order of the Court in the course of a suit—||||
|(a) where the amount does not exceed Rs. 1,000.|The same duty as a BOTTOMRY BOND (No.16) for such amount.|||
|(b) in any other case|Fourteen rupees and six naye Paise.|||
|Exemptions||||
|(a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law.||||
|(b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlords as rent.||||
|9. APPRENTICHESHIP –DEED including every writing relating to the service or tuition of any apprentice, clerk or servant place with any master to learn any profession, trade or employment, not being ARTICLES OF CLERKSHIP.|Fourteen rupees and six naye Paise.|||
|Description of instrument.|Proper Stamp-duty|||
|(1)|(2)|||
|Exemption||||
|Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1850 (19 of 1850) or by which a person is||||
-----
|apprenticed by or at the charge of any public charity.|Col2|
|---|---|
|10. ARTICLES OF ASSOCIAITON OF A COMPANY.|Ninety rupees and seventy-five naye Paise.|
|Exemption||
|Articles of any Association not formed for profit and registered under section 25 of the Companies Act, 1956 (1 of 1950).||
|See also Memorandum of Association of a Company (No.39)||
|ASSIGNMENT —See CONVEYANCE (No.23), TRANSFER (No.62) and TRANSFER of LEASE (No.63),as the case may be||
|ATTORNEY- See POWER OF ATTORNEY (No.48)||
|AUTHORITY TO ADOPT-See ADOPTION-DEED (No.3)||
|12. AWARD, that is to say any decision in writing by an arbitrator or umpire not being an award directing a partition, on a reference being made otherwise than by an order of the Court in the course of a suit—||
||The same duty as a BOTTOMRY BOND (No.16) or such amount.|
|(a) where the amount or value of the property to which the award relates as set forth in such award does not exceed Rs. 1,000.|Eighteen rupees and seventy five naye Paise.|
|(b) if it exceeds Rs. 1,000 but does not exceed Rs. 5,000.|Ninety-four naye Paise subject to a maximum of ninety-four rupees.|
|and for every additional Rs. 1,000 or part thereof in excess of Rs. 5,000.||
|15.BOND as defined by section 2(5) not being a DEBENTURE and not being otherwise provided for by this Act, or by the Court Fees Act, 1870 (7 of 1870)—||
|Where the amount or value secured does not exceed Rs. 10;|Thirty-two naye paise|
|Where it exceeds Rs. 10 and does not exceed Rs. 50;||
|Where it exceeds Rs. 50 and does not exceed Rs.100;|Forty-four naye paise|
|Description of instrument.|Proper Stamp-duty|
|(1)|(2)|
|Where it exceeds Rs. 50 and does not exceed Rs.100;|Ninety-four naye paise|
|Where it exceeds Rs. 100 and does not|Two rupees and thirty-two naye paise|
-----
|exceed Rs.200;|Col2|
|---|---|
|Where it exceeds Rs. 200and does not exceed Rs.300;|Three rupees and fifty-six naye paise|
|Where it exceeds Rs. 300 and does not exceed Rs.400;|Four rupees and sixty eight naye paise|
|Where it exceeds Rs. 300 and does not exceed Rs.400;|Five rupees and ninety-four naye paise|
|Where it exceeds Rs. 400 and does not exceed Rs.500;|Eight rupees and forty-four naye paise|
|Where it exceeds Rs. 500 and does not exceed Rs.600;|Nine rupees and eighty-two naye paise|
|Where it exceeds Rs. 600 and does not exceed Rs.700;|Eleven rupees and twenty-five naye paise|
|Where it exceeds Rs. 700 and does not exceed Rs.800;|Twelve rupees and sixty-two naye paise.|
|Where it exceeds Rs. 800 and does not exceed Rs.900;||
|Where it exceeds Rs. 900 and does not exceed Rs.1000;|Fourteen rupees and six naye paise.|
|and for every Rs. 500 or part thereof in excess of Rs. 1,000;|Seven rupees .|
|See (No.2) ADMINISTRATION BOND||
|(No.16) BOTTOMRY BOND||
|(No.26) CUSTOMS BOND||
|(No. 34) INDEMNITY BOND||
|(No.56) RESPONDENTIA BOND||
|(No. 57) SECURITY BOND||
|Exemptions||
|Bond , when executed by—||
|(a) headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, (Bengal Act 3 of 1876) section 99, for the due performance of their duties under that Act;||
|Description of instrument.|Proper Stamp-duty|
|(1)|(2)|
|(b) any person for the purpose of guaranteeing that the local income derived from private subsecription to a charitable dispensary or hospital or any||
-----
|other object of public utility shall not be less than a specified sum per mensem.|Col2|
|---|---|
|16. BOTTOMRY BOND, that is to say, any instrument whereby the master of a sea-going ship to enable him the preserve the ship or prosecute her voyage—||
|Where the amount or value secured does not exceed Rs. 10;|Thirty-eight naye paise|
|Where it exceeds Rs. 10 and does not exceed Rs. 50;|Seventy-five naye paise|
|Where it exceeds Rs. 50 and does not exceed Rs.100;|One rupee and thirty-eight naye paise|
|Where it exceeds Rs. 100 and does not exceed Rs.200;|Two rupees and eighty-two naye paise|
|Where it exceeds Rs. 200 and does not exceed Rs.300;|Four rupees and twenty naye paise|
|Where it exceeds Rs. 300 and does not exceed Rs.400;|Five rupees and sixty –two naye paise|
|Where it exceeds Rs. 400 and does not exceed Rs.500;|Seven Rupees|
|Where it exceeds Rs. 500 and does not exceed Rs.600;|Eight rupees and forty-four naye paise|
|Where it exceeds Rs. 600 and does not exceed Rs.700;|Nine rupees and twenty-two naye paise|
|Where it exceeds Rs. 700 and does not exceed Rs.800;|Eleven rupees and twenty-five naye paise|
|Where it exceeds Rs. 800 and does not exceed Rs.900;|Twelve rupees and sixty-two naye paise|
|Where it exceeds Rs. 900 and does not exceed Rs.1000;|Fourteen rupees and six naye paise|
|and for every Rs. 500 or part thereof in excess of Rs. 1,000;|Seven rupees|
|17. CANCELLATION— Instrument of (Including any instrument by which any instrument previously executed is cancelled) if attested and not otherwise provided for,|Fourteen rupees and six naye paise.|
|See also RELEASE (No.55) REVOCATION OF SETTLEMENT (No. 58-B) SURRENDER OF LEASE (No.61) REVOCATION OF TRUST (No. 64-B).||
|18. CERTIFICATE OF SALE (In respect of each property put up as a separate lot and sold), granted to the||
-----
|purchaser of any property sold by public auction by a Civil or Revenue Court or Collector or the Revenue Officer—|Col2|
|---|---|
|(a) Where the purchase money does not exceed Rs. 10|Thirty-eight naye paise|
|(b) Where the purchase money exceeds Rs. 10,00 but does not exceed Rs. 25.|Seventy-five naye paise|
|(c) In any other case|..The same duty as a CONVEYANCE (No.23) for a consideration equal to the amount of the purchase money only.|
|* * *|* *|
|20. CHARTER PARTY—that is to say, any instrument (Except an agreement for the hire of a tug-steamer), whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer whether it includes a penalty clause or not.|Three rupees and seventy-five naye paise.|
|* * *|* *|
|22. COMPOSITION DEED— that is to say, any instrument executed by a debtor, whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend or their debts is secured to the creditors, or when by provision is made for the continuance of the debtors business under the supervision of inspectors or under letters of license, for the benefit of his creditors.|Twenty-eight rupees and twelve naye paise|
|23. CONVEYANCE- As defined by section 2 (10) not being a transfer charged or exempted under No.62—||
|Where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs. 50;|One rupees and thirty-eight naye paise|
|Where it exceeds Rs. 50 and does not exceed Rs.100;|Two rupees and eighty-two naye paise|
|Where it exceeds Rs. 100 and does not exceed Rs.200;|Five rupees and sixty-three naye paise|
|Where it exceeds Rs. 200 and does not exceed Rs.300;|Eight rupees and forty-four naye paise|
|Where it exceeds Rs. 300 and does not exceed Rs.400;|Eleven rupees and twenty-five naye paise|
|Where it exceeds Rs. 400 and does not exceed Rs.500;|Fourteen rupees and six naye paise|
|Where it exceeds Rs. 500 and does not exceed Rs.600;|Sixteen rupees and eighty-eight naye paise|
|Where it exceeds Rs. 600 and does not|Nineteen rupees and sixty-nine naye|
-----
Twenty-five rupees and thirty-two
naye paise
|exceed Rs.700;|paise|
|---|---|
|Where it exceeds Rs. 700 and does not exceed Rs.800;|Twenty-two rupees and fifty naye paise|
|Where it exceeds Rs. 800 and does not exceed Rs.1,000;|Twenty-five rupees and thirty-two naye paise|
|Where it exceeds Rs. 900 but does not exceed Rs. 1,000;|Twenty-eight rupees and thirteen naye paise.|
|and for every Rs. 500 or part thereof in excess of Rs. 1,000;|Fourteen rupees and six naye paise|
|Exemption||
|Assignment of copyright under the Copyright Act, 1957 (14 of 1957), section 18.||
|CO-PARTNERSHIP DEED (See Partnership No. 46).||
|24. COPY OR EXTRACT- Certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees—||
|(i) if the original was not chargeable with duty, or if the duty, with which it was chargeable does not exceed one rupees.|One rupee and thirty-eight naye paise|
|(ii) In any other case|Two rupees and eighty-two naye paise|
|Exception||
|(a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose.||
|(b) Copy of, or extract from any register relating to births, baptisms, namings, dedications, marriages, divorces, deaths or burials.||
|25. COUNTERPART OR DUPLICATE- of any instrument, chargeable with duty and in respect of which the proper duty has been paid-||
|(a) If the duty with which the original Instrument is chargeable does not exceed one rupee and fifty paise,|The same duty as is payable on the original|
|(b) In any other case|Two rupees and eighty-two naye paise|
|Exemption||
|Counterpart of any lease granted to a cultivator, when such lease is exempted from duty.||
|26. CUSTOMS BOND—||
|(a) Where the amount does not|The same duty as a BOTTOMRY|
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**29. DIVORCE- Instrument of, that is to** Three rupees and seventy-five naye
say, instrument by which any person paise
effects the dissolution of his marriage.
**DOWER-** **Instrument** **of** **–See**
**SETTLEMENT (No.58).**
**DUPLICATE- See COUNTERPART**
**(No. 25).**
**31. EXCHANGE OF PROPERTY-** The same duty as a CONVEYANCE
Instrument of— (No. 23) for a consideration equal to
the value of the property of greatest
value as set forth in such instrument.
EXTRACT- See Copy (No.24)
**32. FURTHER CHARGE— Instrument**
of that is to say, any instrument imposing
a further charge on mortgaged property—
(a) When the original mortagage is one of The same duty as a CONVEYANCE
the description referred to in clause (a) (No. 23) for a consideration equal to
Article No. 40 ( That is, with possession); the amount of the further charge
secured by such instrument.
(b) When such mortage is one of the
descriptions referred to in clause (b) of
Article No. 40 ( That is, without
possession)—
(i) if at the time of execution of the The same duty as a CONVEYANCE
instrument of further charge possession (No. 23) for a consideration equal to
of the property is given or agreed to be the total amount of the charge
given under such instrument; (including the original mortgage and
any further charge already made) less
the duty already paid on such original
mortgage and further charge.
(ii) If the possession is not so given. The same duty as a BOTTOMRY
BOND (No. 16) for the amount of the
further charge secured by such
instrument;
**33.GIFT-Instrument of, not being a The same duty as a CONVEYANCE**
|exceed Rs. 1,000.|BOND (No. 16) for such amount,|
|---|---|
|(b) In any other case|Eighteen rupees and seventy-five naye paise|
|* * *|* *|
|DECLARATION OF ANY TRUST- Se TRUST (No.64).||
|* * *|* *|
|DEPOSIT OF TITLE -DEEDS—See AGREEMENT relating to DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No.6).||
|DISSOLUTION OF PARTNERSHIP-See PARTNERSHIP (No. 46).||
|29. DIVORCE- Instrument of, that is to say, instrument by which any person effects the dissolution of his marriage.|Three rupees and seventy-five naye paise|
|DOWER- Instrument of –See SETTLEMENT (No.58).||
|DUPLICATE- See COUNTERPART (No. 25).||
|31. EXCHANGE OF PROPERTY- Instrument of—|The same duty as a CONVEYANCE (No. 23) for a consideration equal to the value of the property of greatest value as set forth in such instrument.|
|EXTRACT- See Copy (No.24)||
|32. FURTHER CHARGE— Instrument of that is to say, any instrument imposing a further charge on mortgaged property—||
|(a) When the original mortagage is one of the description referred to in clause (a) Article No. 40 ( That is, with possession);|The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount of the further charge secured by such instrument.|
|(b) When such mortage is one of the descriptions referred to in clause (b) of Article No. 40 ( That is, without possession)—||
|(i) if at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument;|The same duty as a CONVEYANCE (No. 23) for a consideration equal to the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage and further charge.|
|(ii) If the possession is not so given.|The same duty as a BOTTOMRY BOND (No. 16) for the amount of the further charge secured by such instrument;|
|33.GIFT-Instrument of, not being a|The same duty as a CONVEYANCE|
-----
The same duty as a CONVEYANCE
( No. 23) for a consideration equal to
one-sixth of the whole amount of rent
which would be paid or delivered in
respect of first fifty years of the lease.
|SETTLEMENT (No. 58) or WILL or TRANSFER (No. 62).|(No.23) for a consideration equal to the value of the property as set forth in such instrument.|
|---|---|
|HIRING AGREEMENT or agreement for service-See AGREEMENT (No. 5).||
|34. INDEMNITY BOND|The same duty as a SECURITY BOND (No. 57) for the same amount.|
|INSPECTORSHIP DEED- See COMPOSITION DEED (No.22)||
|35. LEASE, including an under-lease or sub-lease and any agreement to let or sub-let-||
|(a) Whereby such lease the rent is fixed and no premium is paid or delivered—||
|(i) Where the lease purports to be for a term of less than one year;|The same duty as BOTTOMRY BOND (No. 16) for the whole amount payable or deliverable under such lease.|
|(ii) where the lease purports to be for a term of not less than one year, but not more than five years;|The same duty as a BOTTOMRY BOND (No. 16) for the amount or value of the average annual rent reserved.|
|(iii) Where the lease purports to be for a term exceeding five years, but not exceeding ten years;|The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount or value of the average annual rent reserved.|
|(iv) Where the lease purports to be for a term exceeding ten years, but not exceeding twenty years;|The same duty as a CONVEYANCE (No.23) for a consideration equal to twice the amount or value of the average annual rent reserved.|
|(v) Where the lease purports to be for a term exceeding twenty years, but not exceeding thirty years;|The same duty as a CONVEYANCE (No. 23) for a consideration equal to three times the amount or value of the average annual rent reserved.|
|(vi) Where the lease purports to be for a term exceeding thirty years, but not exceeding one hundred years;|The same duty as a CONVEYANCE (No. 23) for a consideration equal to four times the amount or value of the average annual rent reserved.|
|(vii) Where the lease purports to be for a term exceeding one hundred years, or in perpetuity;|The same duty as a CONVEYANCE ( No. 23) for a consideration equal to one-sixth of the whole amount of rent which would be paid or delivered in respect of first fifty years of the lease.|
|(viii) Where the lease does not purport to be for any definite term;|The same duty as a CONVEYANCE (No. 23) for a consideration equal to|
-----
|Col1|three times the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long.|
|---|---|
|(b)Where the lease is granted for a fine or premium, or for money advanced and where no rent is reserved;|The same duty as a CONVEYANCE (No.23) for a consideration equal to the amount or value of such fine or premium, or advance as set forth in the lease.|
|(c) Where the lease is granted for a time or premium, or for money advanced in addition to rent reserved.|The same duty as a CONVEYANCE (No.23) for a consideration equal to the amount or value of such fine or premium, or advances as set forth in the lease, in addition to the duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered:|
|Exemption||
|Lease; executed in the case of a cultivator and for the purpose of cultivation (Including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium, when a definite term is ex-pressed and such term does not exceed one year or when the average annual rent reserved does not exceed one hundred rupees.||
|Explanation— When a lessee undertakes to pay any recurring charge, such as Government revenue, the landlord’s share of cesses or the owner’s share of municipal rates or taxes (Which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent.||
|* * *|*|
|LETTER OF GUARNTEE- See AGREEMENT (No. 5).||
|38. LETTER OF LICENCE that is to say, any agreement between a debtor and his creditors that the latter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion.|Twenty-eight rupees and twelve naye paise.|
|39. MEMORANDUM OF ASSOCIAITON OF A COMPANY—||
|(a) if accompanied by articles of|Fifty-six rupees and twenty-five naye|
-----
Rupee one and thirty-eight naye
paise
One rupee and thirty-eight naye paise
|association under section 26 of the Companies Act, 1956 (1 of 1956).|paise|
|---|---|
|(b) if not so accompanied|One hundred and fifty rupees|
|Exemption||
|Memorandum of any association not formed for profit and registered under section 25 of the Companies Act, 1956 (1 of 1956).||
|40. MORTGAGE-DEED, NOT BEING AN AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN OR PLEDGE (No.6) BOND (No. 15), MORTGAGE OF A CROP (No. 41), RESPONDENTIA BOND (No. 56), OR SECURIY BOND ( No. 57)—||
|(a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given.|The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount secured by such deed.|
|(b) when possession is not given or agreed to be given as aforesaid.|The same duty as a BOTTOMRY BOND (No. 16) for the amount secured by such deed.|
|Explanation— A mortgagor who gives to the mortgagee a power-of-attorney to collect rents or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this article.||
|(C) When a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above mentioned propose where the principal or primary security is duly stamped for every sum secured not execeeding Rs.1,000|Rupee one and thirty-eight naye paise|
|and for every Rs. 1,000 or part thereof secured in excess Rs. 1,000.|One rupee and thirty-eight naye paise|
|Exemptions||
|(1) Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883 (19 of 1883) or the Agriculturists Loans Act, 1884 (12 of 1984), or by their sureties as security for the repayment of such advances;||
|(2) Letter of hypothecation accompanying a bill of exchange.||
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|41. MORTGAGE OF A CROP including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop, is or is not in existence at the time of the mortgage—|Col2|
|---|---|
|(a) when the loan is repayable not more than three months from the date of the instrument— For every sum secured not exceeding Rs. 200; and for every Rs. 200 or part thereof secured in excess of Rs. 200;|Twenty-five naye paise|
|(b) when the loan is repayable more than three months but not more than eighteen months, from the date of the instrument—|Twenty five naye paise|
|For every sum secured not exceeding Rs. 100;|Thirty-eight naye paise|
|and for every Rs. 100 or part thereof secured in excess of Rs. 100.|Thirty- eight naye paise|
|42. NOTARIAL ACT that is to say, any instrument, endorsement, note, attestation certificate, or signed not being a PROTEST ( No. 50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public.|Two rupees and eighty-two naye paise|
|See also PROTEST OF BILL OR NOTE (No. 50).||
|43. NOTE OR MEMORANDUM sent by a Broker or Agent to his principal intimating the purchase or sale on account of such principal—||
|(a) of any goods, exceeding in value twenty rupees;|Thirty-eight naye paise|
|(b) of any stock or marketable security exceeding in value twenty rupees;|Subject to a maximum of twenty-eight rupees and twelve naye paise, thirty- two naye paise for every rupees ten thousand or part thereof of the value of the stock or security.|
|44. NOTE OF PROTEST BY THE MASTER OF A SHIP-See also PROTEST BY THE MASTER OF A SHIP (No. 51).|One rupee and eighty-eight naye paise|
|45. PARTITION- Instrument of as defined by section 2 (15).|The same duty as a BOTTOMRY BOND (No. 16) for the amount of the|
-----
(c) Where a final order for
|Col1|value of the separated share or shares of the property.|
|---|---|
||N.B.—The largest share remaining after the property is petitioned (or if there two or more shares of equal value and not smaller than any of the other shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated.|
||Provided always that—|
||(a) When an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement the duty chargeable upon the instrument effecting such a partition shall be reduced by the amount of duty paid in respect of the first instrument but shall not be less than one rupee and thirty-eight naye paise.|
||(b) Where land is held on Revenue Settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual revenue.|
||(c) Where a final order for effecting a partition passed by any Revenue authority or any Civil Court, or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition, in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed one rupee and thirty-eight naye paise .|
|46.PARTNERSHIP— A-Instrument of—||
|(a) Where the capital of the partnership does not exceed Rs. 500;|Nine rupees and thirty-eight paise|
|(b) in any other case|Thirty-seven rupees and fifty naye rupees|
-----
Registration Act, 1908 (16 of 1908).
|B—Dissolution of —|Col2|
|---|---|
|PAWN OR PLEDGE—See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS PAWN OR PLEDGE (No.6).|Eighteen rupees and seventy five naye paise|
|48.POWER –OF-ATTORNEY as defined by section 2(21) not being a proxy—||
|(a) when executed for this sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents;|One rupee and thirty-eight naye paise|
|(b) when required in suits or proceedings under the Presidency Small Cause Courts Act, 1882;|One rupee and thirty-eight naye paise|
|(c) when authorizing one person or more to act in a single transaction other than the case mentioned in clause (a);|Two rupees and eight-two naye paise|
|(d) when authorizing not more than five persons to act jointly and severally in more than one transaction or generally;|Fourteen rupees and six naye paise|
|(e) when authorizing more than five but not more than ten persons to act jointly and severally in more than one transaction or generally;|Twenty-eight rupees and twelve naye paise|
|(f) when given for consideration and authorizing the attorney to sell any immovable property;|The same duty as a CONVEYACE (No.23) for the amount of consideration|
|(g) In any other case|Two rupees and eighty-two naye paise for each person authorized|
||N.B.—The term “Registration” includes every operation incidental to registration under the Indian Registration Act, 1908 (16 of 1908).|
|Explanation— For the purposes of this article more persons than one when belonging to the same firm shall be deemed to be one persons.||
|* * *|* *|
|50. PROTEST OF BILL OR NOTE that is to say any declaration in writing made by a Notary Public, or other person lawfully acting as such, attesting the dishonor of a Bill of Exchange or|Three rupees and seventy-five naye paise|
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|Promissory Note.|Col2|
|---|---|
|51. PROTEST BY THE MASTER OF A SHIP that is to say, any declaration of the particulars of the voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the characters or the consignees for not loading or unloading the ship when such declaration is attested or certified by a Notary Public or other person lawfully acting as such.|Three rupees and seventy-five naye paise|
|See also NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44).||
|* * * *|* *|
|54. RECONVEYANCE OF MORTGAGED PROPERTY—||
|(a) if the consideration for which the property was mortgaged does not exceed Rs. 1,000;|The same duty as a CONVEYANCE (No. 23) for the amount of such consideration as set forth in the reconveyance.|
|(b) in any other case|Twenty-eight rupees and twelve naye paise|
|55. RELEASE that is to say, instrument not being such a release as is provided for by section (23-A.), whereby a person renounces a claim upon another person or against nay specified property—||
|(a) if the amount or value of the claim does not exceed Rs. 1,000;|The same duty as a BOTTOMRY BOND (No. 16) for such amount or value as set forth in the release.|
|(b) in any other case|Fourteen rupees and six naye paise|
|56. RESPONDENTIA BOND that is to say, any instrument securing a loan on the cargo laden or up to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination.|The same duty as a BOTTOMRY BOND (No. 16) for the amount of the loan secured.|
|REVOCATION OF ANY TRUST OR SETTLEMENT- See SETTLEMENT (No. 58) TRUST (No. 64)||
|57. SECURITY BOND OR MORTGAGE DEED executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of a contract—||
|(a) When the amount secured does not exceed Rs. 1,000.|The same duty as a BOTTOMRY BOND (No. 16) for the amount secured.|
|(b) In any other case|Fourteen rupees and six naye paise|
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|Col1|Col2|
|---|---|
|Exemptions||
|Bond or other instrument, when executed—||
|(a) By headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, (Bengal Act 3 of 1876) section 99 for the due performance of their duties under that Act.||
|(b) By any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other subject or public utility shall not be less than a specified sum per mensem;||
|(c) By persons taking advances under the Land Improvement Loans Act, 1883, (19 of 1883) or the Agriculturists Loans Act, 1884, (12 of 1884) or by their sureties, as security for the repayment of such advances;||
|(d) By officers of the Government or their sureties to secure the due execution of an office, or the due accounting for money or other property received by virtue thereof.||
|58. SETTLEEMNT —(A) INSTRUMENT OF (including a deed of dower).|The same duty as a BOTTORMY BOND (No. 16) for a sum equal to the amount or value of the property settled as set forth in such settlement:|
||Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement and an instrument of settlement in pursuance of such agreement is subsequently executed , the duty on such instrument shall not exceed one rupee and thirty-eight naye paise.|
|Exemption||
|Deed of dower executed on the occasion of a marriage between Mohammadans.||
|(B) REVOCATION OF|The same duty as a BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument of Revocation, but not exceeding twenty-eight rupees and twelve naye paise.|
-----
|See ALSO TRUST (No.64)|Col2|
|---|---|
|59. SHARE WARRANTS to bearer issued under the Companies Act, 1956.|One and a half times the duty payable on a CONVEYANCE (No. 23) for a consideration equal to the nominal amount of the shares specified in the warrant.|
|Exemptions||
|Share warrant when issued by a company in pursuance of the Companies Act, 1956, (1 of 1956) section 114, to have effect only upon payment, as composition for that duty, to the Collector of stamp-revenue, of—||
|(a) One and a half percentum of the whole subscribed capital of the company; or||
|(b) If any company which has paid the said duty or composition in fully, subsequently issues an addition to its subscribed capital, one and a half percentum of the additional capital so issued.||
|61. SURRENDER OF LEASE||
|(a) when the duty with which the lease is chargeable does not exceed seven rupees and fifty paise;|The duty with which such lease is chargeable.|
|(b) in any other case|Fourteen rupees and six naye paise|
|Exemptions||
|Surrender of lease, when such lease is exempted from duty.||
|62. TRANSFER (Whether with or without consideration)—||
|* * *||
|(c) of any interest secured by a bond of mortgage deed—||
|(i) if the duty on such bond or mortgage deed does not exceed seven rupees and fifty paise;|The duty with which such bond or mortgage deed is chargeable.|
|(ii) in any other case|Fourteen rupees and six naye paise|
|(d) of any trust-property under the Administrator-General’s Act, 1913, section 25; (e) of any trust-property without consideration from one trustee to another trustee or from a trustee to|Twenty-eight rupees and twelve naye paise Fourteen rupees or such smaller amount as may be chargeable under clause (c) of the article.|
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|a beneficiary.|Col2|
|---|---|
|Exemptions||
|Transfer by endorsement—||
|(b) of a delivery order, warrant for goods or other merchantile Document of title to goods;||
|* * *|* * *|
|(d) of securities of the Central Government.||
|See also section 8—||
|63. TRANSGER OR LEASE by way assignment and not by way of under lease.|The same duty as a CONVEYANCE (No.23) for a consideration equal to the amount of the consideration for the transfer.|
|Exceptions||
|Transfer of any lease exempt from duty—||
|64. TRUST-A-DECLARATION OF –of concerning any property when made by any writing not being a will.|The same duty as BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding forty- two rupees and twenty naye paise.|
|B-REVOCATION OF—of or concerning any property when made by an instrument other than a will.|The same duty as a BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding forty- two eight rupees and twenty naye paise.|
|See also SETTLEMENT (No.8)||
|65. WARRANT FOR GOODS that is to say, any instrument evidencing the title of any person therein named or his assigns, of the holder thereof, to the property in any goods lying in or upon any signed dock, warehouse or wharf, such instrument being or certified by or on behalf of the person in whose custody such goods may be.”|Seventy-five naye paise|
[Vide Orissa Act 35 of 1962, s. 4]
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**Orissa**
**Amendment of Schedule 1-A, Act 2 of 1899.—For Schedule 1-A of the principal Act the following**
Schedule Shall be substituted.
“SCHEDULE 1-A
STAMP DUTY ON CETAIN INSTRUMENTS UNDER THE INDIAN STAMP (ORISSA
AMENDMENT) ACT, 1986.
(See Section 3)
Note—The articles in Schedule 1-A are numbered so as to correspond with similar
articles in Schedule 1.
“SCHEDULE 1-A
STAMP DUTY ON CETAIN INSTRUMENTS UNDER THE INDIAN STAMP (ORISSA
AMENDMENT) ACT, 1986.
(See Section 3)
Note—The articles in Schedule 1-A are numbered so as to correspond with similar articles in
Schedule 1.
Description of Instrument Proper Stamp-duty
(1) (2)
**2. ADMINISTRATION BOND, including a**
bond given under sections 291, 375, and 376
of the Indian Succession Act, 1925 (39 of
1925) or section 6 of the Government Savings
Banks Act, 1873 (5 of 1873).
**3. ADOPTION DEED. That is to say, any**
Instrument (Other than a well) recording an
adoption or conferring or purporting to confer
an authority to adopt.
**4. AFFIDAVIT. including an affirmation or**
declaration in the case of persons by law
allowed to affirm or declare instead of
swearing.
Exemptions.
Affidavit or declaration in writing when
made—
as a condition of enrolment under the Army
Act, 1950 (46 of 1950) or the Air Force Act,
1950 (45 of 1950);
(b) for the immediate purpose of being
filed or used in any Court or before the
Officer of any Court;
(c) for the sole purpose of enabling any
person to receive any pension or
charitable allowance.
5.AGREEMENT OR MEMORANDUM OF
AN AGREEMENT;
(a) if relating to the sale of a Bill of
Exchange;
The same duty as a BOND (No. 15) for the
same amount.
Rupees thirty
Rupees four
Forty paise
-----
(b) if relating to the sale of a Government
security or share in an incorporated Company
or other body corporate;
(c) if not otherwise provided for
Exemptions
(a) for or relating to the sale of goods or
merchandise exclusively, not being a
Note or Memorandum chargeable
under No. 43.
(b) Made in the form of tenders to the
Central Government for, or relating to
any loan.
Subject to maximum of rupees thirty for every
ten thousand or part thereof of the value of the
security or share.
One rupee and fifty paise
AGREEMENT TO LEASE—See LEASE (No-35)
6.AGREEMENT RELATING TO DEPOSIT
OF TITLE-DEEDS, PAWN OR PLEDGE,
that is to say, any instrument evidencing an
agreement relating to—
(1) The deposit of title deeds or instruments
Constituting or being evidences of the title
to any property whatever ( Other than a
marketable security), or
(2) The pawn or pledge of movable property,
Where such deposit, pawn or pledge has been
made by way of security for the repayment
of money advanced or to be advanced by way of loan
or an existing or future debt—
(a) If such loan or debt is repayable on
demand or more than three months
from the date of the instrument evidencing
the agreement.
Description of Instruments Proper Stamp-duty
If drawn If drawn in If draw in
Singly set of two set of three
for each part of for each part
the set of the set
(1) (2) (3) (4)
-----
Rs. P.
0.25
0.40
0.70
0.90
1.25
1.50
1.75
2.25
3.25
6.50
10.00
15.00
20.00
30.00
35.00
40.00
15.00
Rs. P.
0.25
0.25
0.45
0.70
0.80
1.00
1.25
1.50
2.25
4.50
7.00
10.00
14.00
19.00
22.00
30.00
10.00
When the amount of the loan or debt does not exceed Rs.100
When the amount of the loan or debt exceeds Rs. 100 but does
not exceed Rs. 200.
When the exceeds Rs. 200 but does not exceed Rs. 400
When the exceeds Rs. 400 but does not exceed Rs. 600
When the exceeds Rs. 600 but does not exceed Rs. 800
When the exceeds Rs. 800 but does not exceed Rs. 1,000
When the exceeds Rs. 1,000 but does not exceed Rs. 1,200
When the exceeds Rs. 1,200 but does not exceed Rs. 1,600
When the exceeds Rs. 1,600 but does not exceed Rs. 2,500
When the exceeds Rs. 2,500 but does not exceed Rs. 5,000
When the exceeds Rs. 5,000 but does not exceed Rs. 7,500
When the exceeds Rs. 7,500 but does not exceed Rs. 10,000
When the exceeds Rs. 10,000 but does not exceed Rs. 15,000
When the exceeds Rs. 15,000 but does not exceed Rs. 20,000
When the exceeds Rs. 20,000 but does not exceed Rs. 25,000
When the exceeds Rs. 25,000 but does not exceed Rs. 30,000
and for every additional Rs. 10,000 or part thereof in excess of
Rs. 30,000.
Rs. P.
0.40
0.70
1.25
1.75
2.25
3.00
3.25
4.25
6.50
13.00
20.00
30.00
40.00
55.00
65.00
80.00
30.00
(b) if such loan or debt is repayable not more than half duty payable on a loan or debt under months
from the date of such instrument. Clause (a) (i), clause (a) (ii) or clause (a) (iii) for
The amount secured.
Exemption
Instrument of pawn or pledge of goods, if unattested:—
7. APPOINTMENT IN EXECUTION OF A
POWER, whether of trustees or of property,
movable or immovable, where made by any writing
not being a will.
8. APPRAISEMENT OR VALUATION, made
otherwise than under an order of the Court in the
course of a suit—
(a) where the amount does not exceed Rs.
1,000.
(b) in any other case
Exemptions
(a) Appraisement or valuation made for the
information of one party only, and not
being in any manner obligatory between
parties either by agreement or operation
of law.
(b) Appraisement of crops for the purpose of
ascertaining the amount to be given to a
landlords as rent.
9. APPRENTICHESHIP –DEED including every
writing relating to the service or tuition of any
apprentice, clerk or servant place with any master
to learn any profession, trade or employment, not
being ARTICLES OF CLERKSHIP.
Fifty rupees
The same duty as a BOTTOMRY BOND (No.16)
for such amount.
Fifteen rupees
Fifteen rupees
-----
Exemption
Instruments of apprenticeship executed by a
Magistrate under the Apprentices Act, 1850 (19 of
1850) or by which a person is apprenticed by or at
the charge of any public charity.
10. ARTICLES OF ASSOCIAITON OF A
COMPANY.
Exemption
Articles of any Association not formed for profit
and registered under section 25 of the Companies
Act, 1956 (1 of 1950).
See also Memorandum of Association of a
Company (No.39)
ASSIGNMENT —See CONVEYANCE (No.23),
TRANSFER (No.62) and TRANSFER of LEASE
(No.63). as the case may be
ATTORNEY – See POWER –OF-ATTORNEY
(No.48)
AUTHORITY TO ADOPT-See ADOPTIONDEED (No.3)
12. AWARD, – that is to say any decision in
writing by an arbitrator or umpire not being an
award directing a partition, on a reference made
otherwise than by an order of the Court in the
course of a suit—
(a) where the amount or value of the property
to which the award relates as set forth in
such award does not exceed Rs. 1,000.
(b) if it exceeds Rs. 1,000 but does not exceed
Rs. 5,000
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 5,000.
**15. BOND as defined by section 2(5) not being**
a DEBENTURE and not being otherwise provided
for by this Act, or by the Court Fees Act, 1870—
Where the amount or value secured does not exceed
Rs. 10;
Where it exceeds Rs. 10 and does not exceed Rs. 50;
Where it exceeds Rs. 50 and does not exceed
Rs.100;
Where it exceeds Rs. 50 and does not exceed
Rs.100;
Where it exceeds Rs. 100 and does not exceed
Rs.200;
Where it exceeds Rs. 200and does not exceed
Rs.300;
Ninety-five rupees
The same duty as a BOTTOMRY BOND (No.16)
or such amount.
Nineteen rupees
One rupee subject to a maximum of one hundred
and rupees.
Thirty-five paise
Forty-five paise
One rupee
Two rupees and fifty paise
-----
Where it exceeds Rs. 300 and does not exceed
Rs.400;
Where it exceeds Rs. 400 and does not exceed
Rs.500;
Where it exceeds Rs. 500 and does not exceed
Rs.600;
Where it exceeds Rs. 600 and does not exceed
Rs.700;
Where it exceeds Rs. 700 and does not exceed
Rs.800;
Where it exceeds Rs. 800 and does not exceed
Rs.900;
Where it exceeds Rs. 900 and does not exceed
Rs.1000;
and for every Rs. 500 or part thereof in excess of Rs.
1,000;
See (No.2) ADMINISTRATION BOND
(No.16) BOTTOMRY BOND
(No.34) CUSTOMS BOND
(No. 24) INDEMNITY BOND
(No.56) RESPONDENTIA BOND
(No. 57) SECURITY BOND
Exemptions
Bond, when executed by—
(a) headmen nominated under rules
framed in accordance with the Bengal
Irrigation Act, 1876, (Bengal Act 3 of
1876) section 99, for the due
performance of their duties under that
Act;
(b) any person for the purpose of
guaranteeing that the local income
derived from private subsecription to a
charitable dispensary or hospital or
any other object of public utility shall
not be less than a specified sum per
mensem.
**16. BOTTOMRY BOND, that is to say,**
any instrument whereby the master of a
sea-going ship to enable him the preserve the
ship or prosecute her voyage—
Three rupees and seventy-five paise
Four rupees and seventy-five paise
Six rupees
Eight rupees and fifty paise
Ten rupees
Twelve rupees
Thirteen rupees
Fifteen rupees
Seven rupees and fifty paise
|Where the amount or value secured does not exceed Rs. 10; Where it exceeds Rs. 10 and does not exceed Rs. 50; Where it exceeds Rs. 50 and does not exceed Rs.100; Where it exceeds Rs. 100 and does not exceed Rs.200; Where it exceeds Rs. 200 and does not exceed Rs.300; Where it exceeds Rs. 300 and does not exceed|Forty paise Eighty paise One rupee and fifty paise Three rupees Four rupees and twenty-five paise Six rupees|
|---|---|
-----
|Rs.400; Where it exceeds Rs. 400 and does not exceed Rs.500; Where it exceeds Rs. 500 and does not exceed Rs.600; Where it exceeds Rs. 600 and does not exceed Rs.700; Where it exceeds Rs. 700 and does not exceed Rs.800; Where it exceeds Rs. 800 and does not exceed Rs.900; Where it exceeds Rs. 900 and does not exceed Rs.1000; and for every Rs. 500 or part thereof in excess of Rs. 1,000;|Seven Rupees and fifty paise Eight rupees and fifty paise Ten rupees Twelve rupees Thirteen rupees Fifteen rupees Seven rupees and fifty paise|
|---|---|
|7.CANCELLATION—Instrument of (Including any instrument by which any instrument previously executed is cancelled) if attested and not otherwise provided for, See also RELEASE (No.55) REVOCATION OF SETTLEMENT (No. 58-B) SURRENDER OF LEASE (No.61) REVOCATION OF TRUST (No. 64-B). 18. CERTIFICATE OF SALE (In respect of each property put up as a separate lot and sold), granted to the purchaser of any property sold by public auction by a Civil or Revenue Court or Collector or the Revenue Officer— (a) Where the purchase money does not exceed Rs. 10 (b) Where the purchase money exceeds Rs. 10,00 but does not exceed Rs. 25. (c) In any other case * * * 20. CHARTER PARTY—that is to say, any instrument (Except an agreement for the hire of a tug-steamer), whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer whether it includes a penalty clause or not. * * * 22. COMPOSITION DEED— that is to say, any instrument executed by a debtor, whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend or their debts is secured to the creditors, or when by provision is made for the continuance of the debtors business|Fifteen rupees Forty paise Eighty paise ..The same duty as a CONVEYANCE (No.23) for a consideration equal to the amount of the purchase money only. * * Four rupees * * Thirty rupees|
-----
|under the supervision of inspectors or under letters of license, for the benefit of his creditors. 23. CONVEYANCE- As defined by section 2 (10) not being a transfer charged or exempted under No.62— Where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs. 50; Where it exceeds Rs. 50 and does not exceed Rs.100; Where it exceeds Rs. 100 and does not exceed Rs.200; Where it exceeds Rs. 200 and does not exceed Rs.300; Where it exceeds Rs. 300 and does not exceed Rs.400; Where it exceeds Rs. 400 and does not exceed Rs.500; Where it exceeds Rs. 500 and does not exceed Rs.600; Where it exceeds Rs. 600 and does not exceed Rs.700; Where it exceeds Rs. 700 and does not exceed Rs.800; Where it exceeds Rs. 800 and does not exceed Rs.1,000; Where it exceeds Rs. 900 but does not exceed Rs. 1,000; and for every Rs. 500 or part thereof in excess of Rs. 1,000; Exemptions Assignment of copyright under the Copyright Act, 1957, (14 of 1957) section 18. CO-PARTNERSHIP DEED (See Partnership No. 46). 24. COPY OR EXTRACT- Certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees— (i) if the original was not chargeable with duty, or if the duty, with which it was chargeable does not exceed one rupees. (ii) In any other case Exemptions (a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose. (b) Copy of, or extract from any register relating to births, baptisms, namings, dedications, marriages, divorces, deaths or burials.|One rupees and fifty paise Three rupees Six rupees Eight rupees and fifty paise Twelve rupees Fifteen rupees Seventeen rupees Twenty rupees Twenty-three rupees Thirty rupees Thirty rupees Fifteen rupees One rupee and fifty paise Three rupees|
|---|---|
-----
|25. COUNTERPART OR DUPLICATE- of any instrument, chargeable with duty and in respect of which the proper duty has been paid- (a) If the duty with which the original Instrument is chargeable does not exceed one rupee and fifty paise, (b) In any other case Exemption Counterpart of any lease granted to a cultivator, when such lease is exempted from duty. 26. CUSTOMS BOND— (a) Where the amount does not exceed Rs. 1,000. (b) In any other case * * DECLARATION OF ANY TRUST- See TRUST (No.64). * * DEPOSIT OF TITLE-DEEDS—See AGREEMENT relating to DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No.6). DISSOLUTION OF PARTNERSHIP-See PARTNERSHIP (No. 46). 29. DIVORCE- Instrument of, that is to say, instrument by which any person effects the dissolution of his marriage. DOWER- Instrument of –See SETTLEMENT (No.58). DUPLICATE- See COUNTERPART (No. 25). 31. EXCHANGE OF PROPERTY- Instrument of— EXTRACT- See Copy (No.24) 32. FURTHER CHARGE— Instrument of that is to say, any instrument imposing a further charge on mortgaged property— (a) When the original mortagage is one of the description referred to in clause (a) Article No. 40 (That is, with possession);|The same duty as is payable on the original Three rupees T h e s ame duty as a BOTTOMRY BOND (No. 16) for such amount, Nineteen rupees * * * * * * Four rupees The same duty as a CONVEYANCE (No. 23) for a consideration equal to the value of the property of greatest value as set forth in such instrument. The same duty as a CONVEYANCE ( No. 23) for a consideration equal to the amount of the further charge secured by such instrument.|
|---|---|
-----
|(b) When such mortage is one of the descriptions referred to in clause (b) of Article No . 40 ( That is, without possession)— (i) if at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument; (ii) If the possession is not so given. 33.GIFT-Instrument of, not being a SETTLEMENT (No. 58) or WILL or TRANSFER (No. 62). HIRING AGREEMENT or agreement for service-See AGREEMENT (No. 5). 34. INDEMNITY BOND INSPECTORSHIP DEED- See COMPOSITION DEED (No.22) 35. LEASE, including an under-lease or sub-lease and any agreement to let or sub-let- (a) Whereby such lease the rent is fixed and no premium is paid or delivered— (i) Where the lease purports to be for a term of less than one year; (ii) where the lease purports to be for a term of not less than one year, but not more than five years; (iii) Where the lease purports to be for a term exceeding five years, but not exceeding ten years; (iv) Where the lease purports to be for a term exceeding ten years, but not exceeding twenty years; (v) Where the lease purports to be for a term exceeding twenty years, but not exceeding thirty years;|The same duty as a CONVEYANCE (No. 23) for a consideration equal to the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage and further charge. The same duty as a BOTTOMRY BOND (No. 16) for the amount of the further charge secured by such instrument; The same duty as a SECURITY BOND (No. 57) for the same amount. The same duty as BOTTOMRY BOND (No. 16) for the whole amount payable or deliverable under such lease. The same duty as a BOTTOMRY BOND (No. 16) for the amount or value of the average annual rent reserved. The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount or value of the average annual rent reserved. The same duty as a CONVERYANCE (No.23) for a consideration equal to twice the amount or value of the average annual rent reserved. The same duty as a CONVEYANCE (No. 23) for a consideration equal to three times the amount or value of the average annual rent reserved. The same duty as a CONVEYANCE (No. 23) for a consideration equal to four times the amount or value of the average annual rent reserved. The same duty as a CONVEYANCE ( No. 23) for a consideration equal to one-sixth of the whole amount of rent which would be paid or delivered in respect of first fifty years of the lease.|
|---|---|
-----
|(vi) Where the lease purports to be for a term exceeding thirty years, but not exceeding one hundred years; (vii) Where the lease purports to be for a term exceeding one hundred years, or in perpetuity; (viii) Where the lease does not purport to be for any definite term; (b)Where the lease is granted for a fine or premium, or for money advanced and where no rent is reserved; (c) Where the lease is granted for a time or premium, or for money advanced in addition to rent reserved. Exemption Lease; executed in the case of a cultivator and for the purpose of cultivation (Including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium, when a definite term is ex- pressed and such term does not exceed one year or when the average annual rent reserved does not exceed one hundred rupees. Explanation— When a lessee undertakes to pay any recurring charge, such as Government revenue, the landlord’s share of cesses, or the owner’s share of municipal rates or taxes, Which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent. * * * * LETTER OF GUARNTEE- See AGREEMENT (No. 5). 38. LETTER OF LICENCE that is to say, any agreement between a debtor and his creditors that the latter shall, for a specified|The same duty as a CONVEYANCE (No. 23) for a consideration equal to three times the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long. The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount or value of such fine or premium , or advance as set forth in the lease. The same duty as a CONVEYANCE (No.23) for a consideration equal to the amount or value of such fine or premium, or advances as set forth in the lease, in addition to the duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered: Provided that, in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed one rupee and fifty paise. Thirty rupees|
|---|---|
-----
Sixty rupees
One hundred and fifty-five rupees
The same duty as a CONVEYANCE (No. 23) for
a consideration equal to the amount secured by
such deed.
The same duty as a BOTTOMRY BOND (No.
16) for the amount secured by such deed.
One rupee and fifty paise
One rupee and fifty paise
|time, suspend their claims and allow the debtor to carry on business at his own discretion. 39. MEMORANDUM OF ASSOCIAITON OF A COMPANY— (a) if accompanied by articles of association under section 26 of the Companies Act, 1956 (1 of 1956). (b) if not so accompanied Exemption Memorandum of any association not formed for profit and registered under section 25 of the Companies Act, 1956 (1 of 1956). 40. MORTGAGE-DEED, NOT BEING AN AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN OR PLEDGE (No.6) BOND (No. 15), MORTGAGE OF A CROP (No. 41), RESPONDENTIA BOND (No. 56), OR SECURIY BOND ( No. 57)— (a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given. (b) when possession is not given or agreed to be given as aforesaid. Explanation— A mortgagor who gives to the mortgagee a power-of-attorney to collect rents or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this article. (C) When a collateral or auxiliary or additional or substituted security, or by way of further assurance for the Where the principal or primary security is duly stamped for every sum secured not exceeding Rs. 1, 000; and For every sum secured not exceeding Rs. 1,000 and for every Rs. 1,000 or part thereof secured in excess Rs. 1,000. Exemptions (1) Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883 (12 of 1883) or the Agriculturists Loans Act, 1884 (19 of 1884), or by their sureties as security for the repayment of such advances; (2) Letter of hypothecation accompanying a bill of exchange.|Sixty rupees One hundred and fifty-five rupees The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount secured by such deed. The same duty as a BOTTOMRY BOND (No. 16) for the amount secured by such deed. One rupee and fifty paise One rupee and fifty paise|
|---|---|
-----
|41. MORTGAGE OF A CROP including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop, is or is not in existence at the time of the mortgage— (a) when the loan is repayable not more than three months from the date of the instrument— For every sum secured not exceeding Rs. 200; and for every Rs. 200 or part thereof secured in excess of Rs. 200; (b) when the loan is repayable more than three months but not more than eighteen months, from the date of the instrument— For every sum secured not exceeding Rs. 100; and for every Rs. 100 or part thereof secured in excess of Rs. 100. 42. NOTARIAL ACT that is to say, any instrument, endorsement , note , attestation certificate, or signed not being a PROTEST ( No. 50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public. See also PROTEST OF BILL OR NOTE (No. 50). 43. NOTE OR MEMORANDUM sent by a Broker or Agent to his principal intimating the purchase or sale on account of such principal— (a) of any goods, exceeding in value twenty rupees; (b) of any stock or marketable security exceeding in value twenty rupees; 44. NOTE OF PROTEST BY THE MASTER OF A SHIP-See also PROTEST BY THE MASTER OF A SHIP (No. 51). 45. PARTITION- Instrument of as defined by section 2 (15).|Thirty paise Thirty paise Forty paise Forty paise Three rupees Forty paise Subject to a maximum of thirty-five paise for every ten thousand rupees or part thereof of the value of the stock or security. Two rupees The same duty as a BOTTOMRY BOND (No. 16) for the amount of the value of the separated share or shares of the property. N.B.—The largest share remained after the property is petitioned (or if there two or more shares of equal value and not smaller than any of the other shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated. Provided always that—|
|---|---|
-----
|PARTNERSHIP— A—Instrument of— (a) Where the capital of the partnership does not exceed Rs. 500; (b) in any other case B—Dissolution of — PAWN OR PLEDGE—See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS PAWN OR PLEDGE (No.6). 48.POWER –OF-ATTORNEY as defined by section 2(21) not being a proxy— (a) when executed for this sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents; (b) when required in suits or proceedings under the Presidency Small Cause Courts Act, 1882 (15 of 1882); (c) when authorizing one person or more to act in a single transaction other than the case|(a) When an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement the duty chargeable upon the instrument effecting such a partition shall be reduced by the amount of duty paid in respect of the first instrument but shall not be less than three rupees. (b) Where land is held on Revenue Settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual revenue. (c) Where a final order for effecting a partition passed by any Revenue authority or any Civil Court, or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition and an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed three rupees. Nine rupees and fifty paise Forty rupees Nineteen rupees One rupee and fifty paise One rupee and fifty paise Three rupees|
|---|---|
-----
Fifteen rupees
Thirty rupees
The same duty as a CONVEYACE (No.23) for
the amount of consideration.
Ten rupees for each person authorized N.B.—
The term “Registration” includes every operation
incidental to registration under the Indian
Registration Act, 1908 (16 of 1908).
-
|mentioned in clause (a); (d) when authorizing not more than five persons to act jointly and severally in more than one transaction or generally; (e) when authorizing more than five but not more than ten persons to act jointly and severally in more than one transaction or generally; (f) when given for consideration and authorizing the attorney to sell any immovable property; (g) In any other case Explanation— For the purposes of this article more persons than one when belonging to the same firm shall be deemed to be one persons. * * * 50. PROTEST OF BILL OR NOTE that is to say any declaration in writing made by a Notary Public, or other person lawfully acting as such, attesting the dishonor of a Bill of Exchange or Promissory Note. 51. PROTEST BY THE MASTER OF A SHIP that is to say, any declaration of the particulars of the voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the characters or the consignees for not loading or unloading the ship when such declaration is attested or certified by a Notary Public or other person lawfully acting as such. See also NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44). * * * 54. RECONVEYANCE OF MORTGAGED PROPERTY— (a) if the consideration for which the property was mortgaged does not exceed Rs. 1,000; (b) in any other case 55. RELEASE that is to say, instrument not being such a release as is provided for by section (23-A.), whereby a person renounces a claim upon another person or against any specified property—|Fifteen rupees Thirty rupees The same duty as a CONVEYACE (No.23) for the amount of consideration. Ten rupees for each person authorized N.B.— The term “Registration” includes every operation incidental to registration under the Indian Registration Act, 1908 (16 of 1908). * * Four rupees Four rupees * * * The same duty as a CONVEYANCE (No. 23) for the amount of such consideration as set forth in the reconveyance. Thirty rupees The same duty as a BOTTOMRY BOND (No. 16) for such amount or value as set forth in the release. Fifteen rupees|
|---|---|
-----
The same duty as a BOTTOMRY BOND (No.
16) for the amount of the loan secured.
The same duty as a BOTTOMRY BOND (No.
16) for the amount secured.
Fifteen rupees
The same duty as a BOTTORMY BOND (No.
16) for a sum equal to the amount or value of the
property settled as set forth in such settlement:
|(a) if the amount or value of the claim does not exceed Rs. 1,000; (b) in any other case 56. RESPONDENTIA BOND that is to say, any instrument securing a loan on the cargo laden or up to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination. REVOCATION OF ANY TRUST OR SETTLEMENT- See SETTLEMENT (No. 58) TRUST (No. 64) 57. SECURITY BOND OR MORTGAGE DEED executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of a contract— (a) When the amount secured does not exceed Rs. 1,000. (b) In any other case Exemptions Bond or other instrument, when executed— By headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, (Bengal Act 3 of 1876) section 99 for the due performance of their duties under that Act. (b) By any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other subject or public utility shall not be less than a specified sum per mensem; (c) By persons taking advances under the Land Improvement Loans Act, 1883, (19 of 1883) or the Agriculturists Loans Act, 1884 (12 of 1884), or by their sureties, as security for the repayment of such advances; (d) By officers of the Government or their sureties to secure the due execution of an office, or the due accounting for money or other property received by virtue thereof. 58. SETTLEEMNT —(A) INSTRUMENT OF (including a deed of dower).|The same duty as a BOTTOMRY BOND (No. 16) for the amount of the loan secured. The same duty as a BOTTOMRY BOND (No. 16) for the amount secured. Fifteen rupees The same duty as a BOTTORMY BOND (No. 16) for a sum equal to the amount or value of the property settled as set forth in such settlement:|
|---|---|
-----
Provided that, where an agreement to settle is
stamped with the stamp required for an
instrument of settlement and an instrument of
settlement in pursuance of such agreement is
subsequently executed, the duty on such
instrument shall not exceed one rupee and fifty
paise.
The same duty as a BOTTOMRY BOND (No.
16) for a sum equal to the amount or value of the
property concerned, as set forth in the instrument
of Revocation, but not exceeding thirty rupee.
One and a half times the duty payable on a
CONVEYANCE (No. 23) for a consideration
equal to the nominal amount of the shares
specified in the warrant.
The duty with which such lease is chargeable.
Fifteen rupees
|Exemption Deed of dower executed on the occasion of a marriage between Mohammadans. (B) REVOCATION OF See ALSO TRUST (No.64) 59. SHARE WARRANTS to bearer issued under the Companies Act, 1956 (1 of 1956). Exemptions Share warrant when issued by a company in pursuance of the Companies Act, 1956 (1 of 1956), section 114, to have effect only upon payment, as composition for that duty, to the Collector of stamp-revenue, of— (a) One and a half per centum of the whole subscribed capital of the company; or (b) If any company which has paid the said duty or composition in fully, subsequently issues an addition to its subscribed capital, one and a half per centum of the additional capital so issued. 61. SURRENDER OF LEASE (a) when the duty with which the lease is chargeable does not exceed seven rupees and fifty paise; (b) in any other case Exemptions Surrender of lease, when such lease is exempted from duty.|Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement and an instrument of settlement in pursuance of such agreement is subsequently executed, the duty on such instrument shall not exceed one rupee and fifty paise. The same duty as a BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument of Revocation, but not exceeding thirty rupee. One and a half times the duty payable on a CONVEYANCE (No. 23) for a consideration equal to the nominal amount of the shares specified in the warrant. The duty with which such lease is chargeable. Fifteen rupees|
|---|---|
-----
|62. TRANSFER (Whether with or without consideration)— * * * (c) of any interest secured by a bond of mortgage deed— (i) if the duty on such bond or mortgage deed does not exceed seven rupees and fifty paise; (ii) in any other case (d) of any trust-property under the Administrator-General’s Act, 1913, section 25; (e) of any trust-property without consideration from one trustee to another trustee or from a trustee to a beneficiary. Exemptions Transfer by endorsement— (b) of a delivery order, warrant for goods or other merchantile Document of title to goods; * * * (d) of securities of the Central Government. See also section 8— 63. TRANSGER OR LEASE by way assignment and not by way of under lease. Exemptions Transfer of any lease exempt from duty— 64. TRUST-A-DECLARATION OF –of concerning any property when made by any writing not being a will. B-REVOCATION OF—of or concerning any property when made by an instrument other than a will. See also SETTLEMENT (No.8) 65. WARRANT FOR GOODS that is to say, any instrument evidencing the title of any person therein named or his assigns, of the holder thereof, to the property in any goods|The duty with which such bond or mortgage deed is chargeable. Fifteen rupees Thirty rupees Fifteen rupees or such smaller amount as may be chargeable under clause (c) of the article. * * * The same duty as a CONVEYANCE (No.23) for a consideration equal to the amount of the consideration for the transfer. The same duty as BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding forty-five rupees. The same duty as a BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding Thirty rupees. Eighty paise|
|---|---|
-----
|lying in or upon any signed dock, warehouse or wharf, such instrument being or certified by or on behalf of the person in whose custody such goods may be.”|Col2|
|---|---|
[Vide Orissa Act 9 of 1970, s. 3]
**Orissa**
**Substitution of Schedule 1-A.—For Schedule 1-A of the Indian Stamp Act, 1899 (2 of 1899)**
(hereinafter referred to as the Principal Act), the following Schedule shall be substituted, namely:—
“SCHEDULE 1-A
STAMP DUTY ON CETAIN INSTRUMENTS UNDER THE INDIAN STAMP (ORISSA
AMENDMENT) ACT, 1986.
(See Section 3)
Note—The articles in Schedule 1-A are numbered so as to correspond with similar articles in Schedule 1.
Description of Instrument Proper Stamp-duty
(1) (2)
-----
**2. ADMINISTRATION BOND, including**
a bond given under sections 291, 375, and
376 of the Indian Succession Act, 1925 (39
of 1925) or section 6 of the Government
Savings Banks Act, 1873 (5 of 1873).
**3. ADOPTION DEED. That is to say, any**
Instrument (Other than a will) recording an
adoption or conferring or purporting to
confer an authority to adopt.
**4. AFFIDAVIT, including an affirmation or**
declaration in the case of persons by law
allowed to affirm or declare instead of
swearing.
Exemptions.
Affidavit or declaration in writing when
made—
(a) as a condition of enrolment under
the Army Act, 1950 (46 of 1950) or
the Air Force Act, 1950 (45 of 1950);
(b) for the immediate purpose of being
filed or used in any Court or before the
Officer of any Court;
(c) for the sole purpose of enabling any
person to receive any pension of
charitable allowance.
5.AGREEMENT OR MEMORANDUM OF
AN AGREEMENT;
(a) if relating to the sale of a Bill of
Exchange;
(b) if relating to the sale of a Government
security or share in an incorporated
Company or other body corporate;
(c) if not otherwise provided for
_Exemptions_
Agreement or memorandum of
agreement—
(a) for or relating to the sale of
goods or merchandise exclusively,
not being a Note or Memorandum
chargeable under No. 43.
(b) Made in the form of tenders to
the Central Government for, or
relating to any loan.
The same duty as a BOND ( No. 15) for the
same amount.
Two hundred rupees
Ten rupees
Proper Stamp-duty
One rupee
Subject to maximum of forty-two rupees fifty
paise for every ten thousand or part thereof of
the value of the security or share.
Three rupees
AGREEMENT TO LEASE—See LEASE (No-35)
**6.AGREEMENT RELATING TO DEPOSIT**
**OF TITLE-DEEDS, PAWN OR PLEDGE,**
that is to say, any instrument evidencing an
agreement relating to—
(1) The deposit of title deeds or instruments
Constituting or being evidences of the title
-----
to any property whatever ( Other than a
marketable security) or
(2) The pawn or pledge of movable property,
Where such deposit, pawn or pledge has been
made by way of security for the repayment
of money advanced or to be advanced by way of loan
or an existing or future debt—
(a) If such loan or debt is repayable on
demand or more than three months
from the date of the instrument evidencing
the agreement.
If drawn If drawn in If draw in
Singly set of two set of three
for each part of for each part
the set of the set
(1) (2) (3) (4)
Rs. P.
0.25
0.40
0.70
0.90
1.25
2.25
2.45
3.15
4.55
9.00
13.75
20.65
27.50
41.25
48.15
Rs.
P.
0.25
0.25
0.45
0.70
0.80
1.40
1,80
2.10
3.15
6.25
9.65
13.75
19.25
26.15
30.00
When the amount of the loan or debt does not exceed Rs.100
When the amount of the loan or debt exceeds Rs. 100 but does
not exceed Rs. 200.
When the exceeds Rs. 200 but does not exceed Rs. 400
When the exceeds Rs. 400 but does not exceed Rs. 600
When the exceeds Rs. 600 but does not exceed Rs. 800
When the exceeds Rs. 800 but does not exceed Rs. 1,000
When the exceeds Rs. 1,000 but does not exceed Rs. 1,200
When the exceeds Rs. 1,200 but does not exceed Rs. 1,600
When the exceeds Rs. 1,600 but does not exceed Rs. 2,500
When the exceeds Rs. 2,500 but does not exceed Rs. 5,000
When the exceeds Rs. 5,000 but does not exceed Rs. 7,500
When the exceeds Rs. 7,500 but does not exceed Rs. 10,000
When the exceeds Rs. 10,000 but does not exceed Rs. 15,000
When the exceeds Rs. 15,000 but does not exceed Rs. 20,000
When the exceeds Rs. 20,000 but does not exceed Rs. 25,000
Rs. P.
0.40
0.70
1.25
1.75
2.25
4.15
4.55
5.90
9.00
17.90
27.50
41.25
55.00
75.65
89.40
-----
When the exceeds Rs. 25,000 but does not exceed Rs. 30,000
and for every additional Rs. 10,000 or part thereof in excess of
Rs. 30,000.
110.00
41.25
55.00
20.65
41.25
13.75
(b) if such loan or debt is repayable not more than Clause (a) for the amount secured.
half duty payable on a loan or debt under three
months from the date of such instrument.
_Exemption_
Instrument of pawn or pledge of goods, if unattested:—
**7. APPOINTMENT IN EXECUTION OF** One hundred rupees
**A POWER, whether of trustees or of property,**
movable or immovable, where made by any
writing not being a will.
**8. APPRAISEMENT OR VALUATION,**
made otherwise than under an order of the Court
in the course of a suit—
(a) where the amount does not exceed Rs. The same duty as a BOTTOMRY
1,000. BOND (No.16) for such amount.
(b) in any other case Twenty-one rupees
_Exemptions_
(c) Appraisement or valuation made for the
information of one party only, and not
being in any manner obligatory between
parties either by agreement or operation
of law.
(d) Appraisement of crops for the purpose
of ascertaining the amount to be given to
a landlords as rent.
**9. APPRENTICHESHIP –DEED including** Fifty rupees
every writing relating to the service or tuition of
any apprentice, clerk or servant place with any
master to learn any profession, trade or
employment, not being ARTICLES OF
CLERKSHIP.
-----
Exemption
Instruments of apprenticeship executed by a
Magistrate under the Apprentices Act, 1850 (19
of 1856) or by which a person is apprenticed by
or at the charge of any public charity.
**10. ARTICLES OF ASSOCIAITON OF A**
**COMPANY.**
Exception
Articles of any Association not formed for
profit and registered under section 25 of the
Companies Act, 1956 (1 of 1950).
See also Memorandum of Association of a
Company (No.39)
ASSIGNMENT —See CONVEYANCE (No.23),
TRANSFER (No.62) and TRANSFER of LEASE
(No.63). as the case may be ATTORNEY-See
Power-of-ATTORNEY (No.48)
**AUTHORITY TO ADOPT-See ADOPTION-**
**DEED (No.3)**
**12. AWARD, that is to say any decision in**
writing by an arbitrator or umpire not being an
award directing a partition, on a reference made
otherwise than by an order of the Court in the
course of a suit—
(a) where the amount or value of the property
to which the award relates as set forth in such
award does not exceed Rs. 1,000.
(1)
(b) if it exceeds Rs. 1,000 but does not exceed
Rs. 5,000.
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 5,000.
Two hundred rupees
The same duty as a BOTTOMRY
BOND (No.16) or such amount.
Proper Stamp-duty
Twenty-seven-rupees.
One rupee and fifty paise subject to a
maximum of one hundred and thirtyeight rupees.
**15.BOND as defined by section 2(5) not being**
a DEBENTURE and not being otherwise provided
for by this Act, or by the Court Fees Act, 1870—
Where the amount or value secured does not exceed
Rs. 10;
Where it exceeds Rs. 10 and does not exceed Rs. 50;
Where it exceeds Rs. 50 and does not exceed
Rs.100;
Where it exceeds Rs. 50 and does not exceed
Rs.100;
Thirty-five paise
Forty-five paise
One rupee
-----
Where it exceeds Rs. 100 and does not exceed
Rs.200;
Where it exceeds Rs. 200 and does not exceed
Rs.300;
Where it exceeds Rs. 300 and does not exceed
Rs.400;
Where it exceeds Rs. 400 and does not exceed
Rs.500;
Where it exceeds Rs. 500 and does not exceed
Rs.600;
Where it exceeds Rs. 600 and does not exceed
Rs.700;
Where it exceeds Rs. 700 and does not exceed
Rs.800;
Where it exceeds Rs. 800 and does not exceed
Rs.900;
Where it exceeds Rs. 900 and does not exceed
Rs.1000;
and for every Rs. 500 or part thereof in excess of Rs.
1,000;
See (No.2) ADMINISTRATION BOND
(No.16) BOTTOMRY BOND
(No.26) CUSTOMS BOND
(No. 34) INDEMNITY BOND
(No.56) RESPONDENTIA BOND
(No. 57) SECURITY BOND
_Exceptions_
Bond, when executed by—
(c) headmen nominated under rules
framed in accordance with the Bengal
Irrigation Act, 1876 (Bengal Act 3 of
1876), section 99, for the due
performance of their duties under that
Act;
(d) any person for the purpose of
guaranteeing that the local income
derived from private subsecription to a
charitable dispensary or hospital or
any other object of public utility shall
not be less than a specified sum _per_
_mensem._
16. BOTTOMRY BOND, that is to say, any
Two rupees and fifty paise
Three rupees and seventy-five paise
Four rupees and seventy-five paise
Six rupees
Eight rupees and fifty paise
Ten rupees
Twelve rupees
Eighteen rupees
Twenty-one rupees
Eleven rupees
-----
instrument whereby the master of a sea-going
ship to enable him the preserve the ship or
prosecute her voyage—
Where the amount or value secured does not
exceed Rs. 10;
Where it exceeds Rs. 10 and does not exceed Rs.
50;
Where it exceeds Rs. 50 and does not exceed
Rs.100;
Where it exceeds Rs. 100 and does not exceed
Rs.200;
Where it exceeds Rs. 200 and does not exceed
Rs.300;
Where it exceeds Rs. 300 and does not exceed
Rs.400;
Where it exceeds Rs. 400 and does not exceed
Rs.500;
Where it exceeds Rs. 500 and does not exceed
Rs.600;
Where it exceeds Rs. 600 and does not exceed
Rs.700;
Where it exceeds Rs. 700 and does not exceed
Rs.800;
Where it exceeds Rs. 800 and does not exceed
Rs.900;
Where it exceeds Rs. 900 and does not exceed
Rs.1000;
and for every Rs. 500 or part thereof in excess
of Rs. 1,000;
Forty paise
Eighty paise
One rupee and fifty paise
Three rupees
Four rupees and twenty-five paise
Six rupees
Seven rupees and fifty paise
Eight rupees and fifty paise
Ten rupees
Twelve rupees
Eighteen rupees
Twenty-one rupees
Eleven rupees
|17. CANCELLATION—Instrument of (Including any instrument by which any instrument previously executed is cancelled) if attested and not otherwise provided for, See also RELEASE (No.55) REVOCATION OF SETTLEMENT (No. 58-B) SURRENDER OF LEASE (No.61) REVOCATION OF TRUST (No. 64-B). 18. CERTIFICATE OF SALE (In respect of each property put up as a separate lot and sold), granted to the purchaser of any property sold by public auction by a Civil or Revenue Court or Collector or the Revenue Officer— (a) Where the purchase money does not exceed Rs. 10 (b) Where the purchase money exceeds Rs. 10,00 but does not exceed Rs. 25. (c) In any other case * * * 20. CHARTER PARTY—that is to say,|Fifty rupees One rupees and fifty paise * * Fifty rupees|
|---|---|
-----
|any instrument (Except an agreement for the hire of a tug-steamer), whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer whether it includes a penalty clause or not. * * * 22. COMPOSITION DEED— that is to say, any instrument executed by a debtor, whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend or their debts is secured to the creditors, or when by provision is made for the continuance of the debtors business under the supervision of inspectors or under letters of license, for the benefit of his creditors. 23. CONVEYANCE- As defined by section 2 (10) not being a transfer charged or exempted under No.62— Where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs. 50; Where it exceeds Rs. 50 and does not exceed Rs.100; Where it exceeds Rs. 100 and does not exceed Rs.200; Where it exceeds Rs. 200 and does not exceed Rs.300; Where it exceeds Rs. 300 and does not exceed Rs.400; Where it exceeds Rs. 400 and does not exceed Rs.500; Where it exceeds Rs. 500 and does not exceed Rs.600; Where it exceeds Rs. 600 and does not exceed Rs.700; Where it exceeds Rs. 700 and does not exceed Rs.800; Where it exceeds Rs. 800 and does not exceed Rs.1,000; and for every Rs. 500 or part thereof in excess of Rs. 1,000; Exemption Assignment of copyright under the Copyright Act, 1957 (14 of 1957), section 18. CO-PARTNERSHIP DEED (See Partnership No. 46). 24. COPY OR EXTRACT- Certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees— (i) if the original was not chargeable with duty, or if the duty, with which it was chargeable does not exceed one rupees. (ii) In any other case|Fifty rupees One rupee and fifty paise Three rupees Six rupees Eight rupees and fifty paise Twelve rupees Fifteen rupees Seventeen rupees Twenty-three rupees Twenty rupees Forty-two rupees Twenty-one rupees Two rupees and fifty paise ..Five rupees|
|---|---|
-----
|Exemption (a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose. (b) Copy of, or extract from any register relating to births, baptisms, namings, dedications, marriages, divorces, deaths or burials. 25. COUNTERPART OR DUPLICATE- of any instrument, chargeable with duty and in respect of which the proper duty has been paid- (a) If the duty with which the original Instrument is chargeable does not exceed one rupee and fifty paise, (b) In any other case Exemption Counterpart of any lease granted to a cultivator, when such lease is exempted from duty. 26. CUSTOMS BOND— (a) Where the amount does not exceed Rs. 1,000. (b) In any other case * * DECLARATION OF ANY TRUST- Se TRUST (No.64). * * DEPOSIT OF TITLE -DEEDS—See AGREEMENT relating to DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No.6). DISSOLUTION OF PARTNERSHIP-See PARTNERSHIP (No. 46). 29. DIVORCE- Instrument of, that is to say, instrument by which any person effects the dissolution of his marriage. DOWER- Instrument of –See SETTLEMENT (No.58). DUPLICATE- See COUNTERPART (No. 25). 31. EXCHANGE OF PROPERTY- Instrument of—|The same duty as is payable on the original .. Five rupees The same duty as a BOTTOMRY BOND (No. 16) for such amount, Fifty rupees * * * * * * One hundred rupees The same duty as a CONVEYANCE (No. 23) for a consideration equal to the value of the property of greatest value as set forth in such instrument.|
|---|---|
-----
|EXTRACT- See Copy (No.24) 32. FURTHER CHARGE—Instrument of that is to say, any instrument imposing a further charge on mortgaged property— (a) When the original mortagage is one of the description referred to in clause (a) Article No. 40 ( That is, with possession); (b) When such mortage is one of the descriptions referred to in clause (b) of Article No . 40 ( That is, without possession)— (i) if at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument; (ii) If the possession is not so given. 33. GIFT-Instrument of, not being a SETTLEMENT (No. 58) or WILL or TRANSFER (No. 62). HIRING AGREEMENT or agreement for service-See AGREEMENT (No. 5). 34. INDEMNITY BOND INSPECTORSHIP DEED- See COMPOSITION DEED (No.22) 35. LEASE, including an under-lease or sub-lease and any agreement to let or sub-let- (a) Whereby such lease the rent is fixed and no premium is paid or delivered— (i) Where the lease purports to be for a term of less than one year; (ii) where the lease purports to be for a term of not less than one year, but not more than five years; (iii) Where the lease purports to be for a term exceeding five years, but not exceeding ten years; (iv) Where the lease purports to be for a term exceeding ten years, but not exceeding twenty years;|The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount of the further charge secured by such instrument. The same duty as a CONVEYANCE (No. 23) for a consideration equal to the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage and further charge. The same duty as a BOTTOMRY BOND (No. 16) for the amount of the further charge secured by such instrument; The same duty as a CONVEYANCE (No.23) for a consideration equal to the value of the property as set forth in such instrument. The same duty as a SECURITY BOND (No. 57) for the same amount. The same duty as BOTTOMRY BOND (No. 16) for the whole amount payable or deliverable under such lease. The same duty as a BOTTOMRY BOND|
|---|---|
-----
(No. 16) for the amount or value of the
average annual rent reserved.
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to the
amount or value of the average annual rent
reserved.
The same duty as a CONVEYANCE
(No.23) for a consideration equal to twice
the amount or value of the average annual
rent reserved.
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to three
times the amount or value of the average
annual rent reserved.
The same duty as a CONVEYANCE (No.
23) for a consideration equal to four times
the amount or value of the average annual
rent reserved.
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to onesixth of the whole amount of rent which
would be paid or delivered in respect of
first fifty years of the lease.
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to three
times the amount or value of the average
annual rent which would be paid or
delivered for the first ten years if the lease
continued so long.
The same duty as a CONVEYANCE
(No. 23) for a consideration equal to the
amount or value of such fine or premium, or
advance as set forth in the lease.
The same duty as a CONVEYANCE
(No.23) for a consideration equal to the
amount or value of such fine or premium,
or advances as set forth in the lease, in
addition to the duty which would have been
payable on such lease, if no fine or
premium or advance had been paid or
delivered:
Provided that, in any case when an
agreement to lease is stamped with the
_ad valorem stamp required for a lease, and a_
lease in pursuance of such agreement is
subsequent, executed, the duty on such
lease shall not exceed two rupees and fifty
paise.
|(v) Where the lease purports to be for a term exceeding twenty years, but not exceeding thirty years; (vi) Where the lease purports to be for a term exceeding thirty years, but not exceeding one hundred years; (vii) Where the lease purports to be for a term exceeding one hundred years, or in perpetuity; (viii) Where the lease does not purport to be for any definite term; (b) Where the lease is granted for a fine or premium, or for money advanced and where no rent is reserved; (c) Where the lease is granted for a time or premium, or for money advanced in addition to rent reserved. Exemption Lease; executed in the case of a cultivator and for the purpose of cultivation (Including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium, when a definite term is ex-pressed and such term does not exceed one year or when the average annual rent reserved does not exceed one hundred rupees. Explanation— When a lessee undertakes to pay any recurring charge, such as Government revenue, the landlord’s share of cesses or the owner’s share of municipal rates or taxes Which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent.|(No. 16) for the amount or value of the average annual rent reserved. The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount or value of the average annual rent reserved. The same duty as a CONVEYANCE (No.23) for a consideration equal to twice the amount or value of the average annual rent reserved. The same duty as a CONVEYANCE (No. 23) for a consideration equal to three times the amount or value of the average annual rent reserved. The same duty as a CONVEYANCE (No. 23) for a consideration equal to four times the amount or value of the average annual rent reserved. The same duty as a CONVEYANCE (No. 23) for a consideration equal to one- sixth of the whole amount of rent which would be paid or delivered in respect of first fifty years of the lease. The same duty as a CONVEYANCE (No. 23) for a consideration equal to three times the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long. The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount or value of such fine or premium, or advance as set forth in the lease. The same duty as a CONVEYANCE (No.23) for a consideration equal to the amount or value of such fine or premium, or advances as set forth in the lease, in addition to the duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered: Provided that, in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease, and a lease in pursuance of such agreement is subsequent, executed, the duty on such lease shall not exceed two rupees and fifty paise.|
|---|---|
-----
|* * * * LETTER OF GUARNTEE- See AGREEMENT (No. 5). 38. LETTER OF LICENCE that is to say, any agreement between a debtor and his creditors that the latter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion. 39. MEMORANDUM OF ASSOCIAITON OF A COMPANY— (a) if accompanied by articles of association under section 26 of the Companies Act, 1956 (1 of 1956). (b) if not so accompanied Exemption Memorandum of any association not formed for profit and registered under section 25 of the Companies Act, 1956 (1 of 1956). 40. MORTGAGE-DEED, NOT BEING AN AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN OR PLEDGE (No.6) BOND (No. 15), MORTGAGE OF A CROP (No. 41), RESPONDENTIA BOND (No. 56), OR SECURITY BOND ( No. 57)— (a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given. (b) when possession is not given or agreed to be given as aforesaid. Explanation— A mortgagor who gives to the mortgagee a power-of-attorney to collect rents or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this article. (C) When a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above – mentioned purpose where the principal or primary security is duly stamped— For every sum secured not exceeding Rs. 1,000 and for every Rs. 1,000 or part thereof secured in excess Rs. 1,000. Exemption (1) Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883 (12 of 1883) or the Agriculturists|Fifty rupees Two hundred rupees Five hundred rupees The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount secured by such deed. The same duty as a BOTTOMRY BOND (No. 16) for the amount secured by such deed. Three rupees Three rupees|
|---|---|
-----
Thirty paise
Thirty paise
Forty paise
Fifty paise
Twenty rupees
Seventy-five paise
Subject to a maximum of forty-two rupees
and fifty paise, for every ten thousand
rupees or part thereof of the value of the
stock or security.
Ten rupees
The same duty as a BOTTOMRY BOND
(No. 16) for the amount of the value of the
separated share or shares of the property.
|Loans Act, 1884 (19 of 1884), or by their sureties as security for the repayment of such advances; (2) Letter of hypothecation accompanying a bill of exchange. 41. MORTGAGE OF A CROP including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop, is or is not in existence at the time of the mortgage— (a) when the loan is repayable not more than three months from the date of the instrument— for every sum secured not exceeding Rs. 200; and for every Rs. 200 or part thereof secured in excess of Rs. 200; (b) when the loan is repayable more than three months but not more than eighteen months, from the date of the instrument— For every sum secured not exceeding Rs. 100; and for every Rs. 100 or part thereof secured in excess of Rs. 100. 42. NOTARIAL ACT that is to say, any instrument, endorsement, note, attestation certificate, or signed not being a PROTEST (No. 50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public. See also PROTEST OF BILL OR NOTE (No. 50). 43. NOTE OR MEMORANDUM sent by a Broker or Agent to his principal intimating the purchase or sale on account of such principal— (a) of any goods, exceeding in value twenty rupees; (b) of any stock or marketable security exceeding in value twenty rupees; 44. NOTE OF PROTEST BY THE MASTER OF A SHIP-See also PROTEST BY THE MASTER OF A SHIP (No. 51). 45. PARTITION- Instrument of as defined by section 2 (15).|Thirty paise Thirty paise Forty paise Fifty paise Twenty rupees Seventy-five paise Subject to a maximum of forty-two rupees and fifty paise, for every ten thousand rupees or part thereof of the value of the stock or security. Ten rupees The same duty as a BOTTOMRY BOND (No. 16) for the amount of the value of the separated share or shares of the property.|
|---|---|
-----
|46. PARTNERSHIP— A- Instrument of — (c) Where the capital of the partnership does not exceed Rs. 500; (d) in any other case B—Dissolution of — PAWN OR PLEDGE—See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS PAWN OR PLEDGE (No.6). 48. POWER-OF-ATTORNEY as defined by section 2(21) not being a proxy— (a) when executed for this sole purpose of|N.B.—The largest share remaining after the property is petitioned (or if there two or more shares of equal value and not smaller than any of the other shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated. Provided always that— (a) When an instrument of partition containing an agreement to divide property in severality is executed and a partition is effected in pursuance of such agreement the duty chargeable upon the instrument effecting such a partition shall be reduced by the amount of duty paid in respect of the first instrument but shall not be less than three rupees. (b) Where land is held on Revenue Settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual revenue. (c) Where a final order for effecting a partition passed by any Revenue authority or any Civil Court, or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition and an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed three rupees. Twenty rupees One hundred rupees Fifty rupees Fifty rupees|
|---|---|
-----
|procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents; (b) when required in suits or proceedings under the Presidency Small Cause Courts Act, 1872; (c) when authorizing one person or more to act in a single transaction other than the case mentioned in clause (a); (d) when authorizing not more than five persons to act jointly and severally in more than one transaction or generally; (e) when authorizing more than five but not more than ten persons to act jointly and severally in more than one transaction or generally; (f) when given for consideration and authorizing the attorney to sell any immovable property; (g) In any other case Explanation— For the purposes of this article more persons than one when belonging to the same firm shall be deemed to be one persons. * * * 50. PROTEST OF BILL OR NOTE that is to say any declaration in writing made by a Notary Public, or other person lawfully acting as such, attesting the dishonor of a Bill of Exchange or Promissory Note. 51. PROTEST BY THE MASTER OF A SHIP that is to say, any declaration of the particulars of the voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the characters or the consignees for not loading or unloading the ship when such declaration is attested or certified by a Notary Public or other person lawfully acting as such. See also NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44). * * * 54. RECONVEYANCE OF MORTGAGED PROPERTY— (a) if the consideration for which the|Five rupees Ten rupees Fifty rupees One hundred rupees The same duty as a CONVEYACE (No.23) for the amount of consideration. Ten rupees for each person authorized N.B.—The term “Registration” includes every operation incidental to registration under the Indian Registration Act, 1908 (16 of 1908). * * Ten rupees * * * The same duty as a CONVEYANCE (No.|
|---|---|
-----
23) for the amount of such consideration as
set
forth in there conveyance.
Forty-two rupees
The same duty as a BOTTOMRY BOND
(No. 16) for such amount or value as set
forth in the release.
Twenty-one rupees
The same duty as a BOTTOMRY BOND
(No. 16) for the amount of the loan secured.
The same duty as a BOTTOMRY BOND
(No. 16) for the amount secured.
.. Twenty-one rupees
|property was mortgaged does not exceed Rs. 1,000; (b) in any other case 55. RELEASE, that is to say, instrument not being such a release as is provided for by section (23-A.), whereby a person renounces a claim upon another person or against any specified property— (a) if the amount or value of the claim does not exceed Rs. 1,000; (b) in any other case 56. RESPONDENTIA BOND that is to say, any instrument securing a loan on the cargo laden or up to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination. REVOCATION OF ANY TRUST OR SETTLEMENT- See SETTLEMENT (No. 58) TRUST (No. 64) 57. SECURITY BOND OR MORTGAGE DEED executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of a contract— (a) When the amount secured does not exceed Rs. 1,000. (b) In any other case Exemption Bond or other instrument, when executed— (a) By headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, (3 of 1876) section 99 for the due performance of their duties under that Act. (b) By any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other subject or public utility shall not be less than a specified sum per mensem; (c) By persons taking advances under the Land Improvement Loans Act, 1883, or the Agriculturists Loans Act, 1884, (12 of 1884.) or by their sureties, as security for the repayment of such advances; (d) By officers of the Government or their sureties to secure the due execution of an office, or the due accounting for money or other property received by virtue thereof.|23) for the amount of such consideration as set forth in there conveyance. Forty-two rupees The same duty as a BOTTOMRY BOND (No. 16) for such amount or value as set forth in the release. Twenty-one rupees The same duty as a BOTTOMRY BOND (No. 16) for the amount of the loan secured. The same duty as a BOTTOMRY BOND (No. 16) for the amount secured. .. Twenty-one rupees|
|---|---|
-----
consideration equal to the nominal amount
of the shares specified in the warrant.
The duty with which such lease is
chargeable.
Twenty-one rupees
|58. SETTLEEMNT—(A) INSTRUMENT OF (including a deed of dower). Exemption Deed of dower executed on the occasion of a marriage between Mohammadans. (B) REVOCATION OF See ALSO TRUST (No.64) 59. SHARE WARRANTS to bearer issued under the Companies Act, 1956 (1 of 1956). Exemptions Share warrant when issued by a company in pursuance of the Companies Act, 1956, section 114, to have effect only upon payment, as composition for that duty, to the Collector of stamp-revenue, of— (a) One and a half percentum of the whole subscribed capital of the company; or (b) If any company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital, one and a half percentum of the additional capital so issued. 61. SURRENDER OF LEASE (a) when the duty with which the lease is chargeable does not exceed seven rupees and fifty paise; (b) in any other case Exceptions Surrender of lease, when such lease is exempted|The same duty as a BOTTORMY BOND (No. 16) for a sum equal to the amount or value of the property settled as set forth in such settlement: Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement and an instrument of settlement in pursuance of such agreement is subsequently executed, the duty on such instrument shall not exceed three rupees. The same duty as a BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument of Revocation, but not exceeding forty-two rupees. One and a half times the duty payable on a CONVEYANCE (No. 23) for a consideration equal to the nominal amount of the shares specified in the warrant. The duty with which such lease is chargeable. Twenty-one rupees|
|---|---|
-----
|from duty. 62. TRANSFER (Whether with or without consideration)— * * * (c) of any interest secured by a bond of mortgage deed— (i) if the duty on such bond or mortgage deed does not exceed seven rupees and fifty paise; (ii) in any other case (d) of any trust-property under the Administrator-General’s Act, 1913, section 25; (e) of any trust-property without consideration from one trustee to another trustee or from a trustee to a beneficiary. Exemption Transfer by endorsement— (b) of a delivery order, warrant for goods or other merchantile Document of title to goods; * * * (d) of securities of the Central Government. See also section 8— 63. TRANSFER OR LEASE by way assignment and not by way of under lease. Exemption Transfer of any lease exempt from duty— 64. TRUST-A-DECLARATION OF –of concerning any property when made by any writing not being a will. B-REVOCATION OF—of or concerning any property when made by an instrument other than a will. See also SETTLEMENT (No.8) 65. WARRANT FOR GOODS that is to say, any instrument evidencing the title of any person therein named or his assigns, of the holder thereof, to the property in any goods lying in or upon any signed dock, warehouse or wharf, such instrument being or certified by or on behalf of the person in whose custody such goods may be.|The duty with which such bond or mortgage deed is chargeable. Twenty-one rupees Forty-two rupees Eighteen rupees and seventy-five paise or such smaller amount as may be chargeable under clause (c) of the article. * * * The same duty as a CONVEYANCE (No.23) for a consideration equal to the amount of the consideration for the transfer. The same duty as BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding sixty- two rupees. The same duty as a BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding forty- two rupees. Five Rupees|
|---|---|
-----
[Vide Orissa Act 6 of 1986, s. 2]
**Orissa**
**Amendment of Schedule I-A.--In Schedule I-A of the Principal Act,—**
(i) in article 12, under column (1) for clause (a), the following clause shall be substituted,
namely:—
“(a) where the amount or the market value of the property to which the award relates, as
set forth in such award does not exceed Rs. 1,000.00”;
(ii) In article 23 under column (1) for the words, letters and figures “where the amount or
value of the consideration for such conveyance as set forth therein does not exceed
Rs. 50.00”, the words, letters and figures “where the amount or the value of the
consideration for such conveyance as set forth therein or the market value of the properly
does not exceed Rs. 50.00,” shall be substituted;
(iii) for the existing entry appearing in column (2) against article 31 the following entry shall
be substituted, namely:—
“The same duty as CONVEYANCE (No. 23) for a consideration as set forth in such
instrument or the market value of the property, whichever is higher.”;
(iv) for the existing entry appearing in column (2) against article 33, the following entry
shall be substituted, namely:—
“The same duty as a CONVEYANCE (No.23) for a consideration as set forth in such
instrument or the market value of the property, whichever is higher.”;
(v) in the existing entry appearing under column (2) against article 45, for the words “
amount of the value” the words “ amount of the market value” shall be substituted;
(vi) for article 58, the following shall be substituted in their respective columns, namely:—
-----
“58 (A) SETTLEMENT-(A) INSTRUMENT OF The same duty as a (including a deed of power).
BOTTOMRY BOND (No. 16) for the sum
equal to the amount or the market value of
the property settled whichever is higher as
set forth in such settlement.
Provided that, where an agreement to
settle is stamped with the stamp required
for an instrument of settlement and an
instrument of settlement in pursuance of
such agreement is subsequently executed,
the duty on such instrument shall not
exceed three rupees.
(B) REVOCATION OF … The same duty as a BOTTOMRY BOND
(No. 16) for a sum equal to the amount or
the market value of the properly
concerned, as set forth in the instrument of
Revocation, but not exceeding forty-two
rupees.”;
(vii) in article 64, in the existing entries under column (2) appearing against article 64 for the
words “ value of the property concerned wherever they occur the words “the market
value of the properly concerned” shall be substituted.
[Vide Orissa Act 7 of 1987, s. 10]
**Tripura**
**Amendment of the Schedule.—For items No. 3, 4, 5(e), 6(2)(a), 6(2)(b), 15, 17, 23, 24, 25, 29,**
**40(c), 46A(b), B, 48(a) (c) (d) (e) (g), 54(b), 55(b) and 57(b) of Schedules—1 of the Act, the following**
shall be substituted namely:—
Description of instrument Proper Stamp Duty
|shall be substituted namely:—|Col2|
|---|---|
|Description of instrument|Proper Stamp Duty|
|3. ADOPTION—DEED, that is to say any instrument (other than a will), recording an adoption or conferring or purporting to confer an authority to adopt.|Fifty Rupees.|
|4. AFFIDAVIT, including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing.|Five Rupees.|
|EXEMPTIONS||
|(a) Affidavit or declaration in writing when made as a condition of enlistment under the Army Act 1950, Act, XLVI of 1950.||
|(b) for the immediate purpose of being filed or used in any Court or before the officer of any Court ; or||
|(c) for the sole purpose of enabling any person to receive any pension or charitable allowance.||
-----
|5. AGREEMENT OR MEMORANDUM OF AN AGREEMENT: —|Col2|
|---|---|
|(e) if not otherwise provided for|Ten Rupees|
|6. AGREEMENT RELATING TO DEPOSIT OR TITLE DEEDS PAWN OR PLEDGE that is to say any instrument evidencing an agreement relating to:—||
|(2) the pawn or pledge or movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt.||
|(a) if such loan or debt is repayable on demand or more than three months from date of the instrument evidencing the agreement—||
|If the amount of loan does not exceed Rs. 500/-;|Five Rupees|
|If it exceeds Rs. 500/- and does not exceed Rs. 1000/-;|Ten Rupees|
|And for every Rs. 1000/- or part thereof in excess of Rs. 1000/-.|Ten Rupees.|
|(b) If such loan or debt is repayable not more than three months from the date of such instrument.|Half the duty payable under Sub-clause (a) subject to minimum of five Rupess.|
|15. BOND (as defined by section 2(5), not being a debenture (No. 27), and not being otherwise provided for by this Act, or by the Court fees Act, 1870. (Act VII of 1870). Where the amount or value secured does not exceed Rs. 400/-;|Five Rupees|
|Where it exceeds Rs. 400/- and does not exceed Rs. 600/-;|Ten Rupees.|
|Where it exceeds Rs. 600/- and does not exceed Rs. 800/-;|Fifteen Rupees.|
|Where it exceeds Rs. 800/- and does not exceed Rs. 1000/-;|Twenty Rupees.|
|and for every Rs. 500/- or part thereof in excess of Rs. 1000/-;|Fifteen Rupees.|
|See Administration Bond (No. 2); Bottomry Bond (No. 16), Customs Bond (No. 26), Indemnity Bond (No. 34), Respondentia Bond (No. 56), Security Bond (No. 57).||
|EXEMPTIONS||
|Bond, when executed by||
|(a) Headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, (Act III of 1876), section 99, for due performance of their duties under that Act.||
|(b) any person for the purpose of quaranting that the local income derived from private subscriptions to a Charitable dispensary, or hospital or any other object of public utility shall not be less than a specified sum per mensem.||
-----
|7. Cancellation—Instrument of (Including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for.|Thirty Rupees.|
|---|---|
|See also Release (No. 55), Revocation of Settlement (No. 58—B), Surrender of lease (No. 61), Revocation of Trust (No.64—B).||
|23. Conveyance (as defined by Section 2 (l0), not being a Transfer charged or exempted under No, 62—||
|Where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs. 200/- ;|Ten Rupees.|
|Where it exceeds Rs. 200/- but does not exceed Rs. 300/-;|Fifteen Rupees.|
|Where it exceeds Rs. 300/- but does not exceed Rs. 400/-;|Twenty Rupees.|
|Where it exceeds Rs. 400/- but does not exceed Rs. 500/-;|Twenty five Rupees.|
|Where it exceeds Rs. 500/- but does not Exceed Rs. 600/-;|Thirty Rupees.|
|Where it exceeds Rs. 700/- but does not exceed Rs. 800/-;|Forty Rupees.|
|Where it exceeds Rs. 800/- but does not exceed Rs. 900/-;|Forty five Rupees.|
|Where it exceeds Rs. 900/- but does not exceed Rs. 1000/-;|Fifty Rupees.|
|and for every Rs. 500/- or part thereof in excess of Rs. 1000/-|Twenty five Rupees.|
|EXEMPTION||
|Assignment of Copy Right Act, 1957, Act XIV of 1957.||
|CO-PARTNERSHIP DEED—See partnership (No. 46)||
|24. COPY OR EXTRACT||
|Certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to Court-fees—||
|(i) if the original was not chargeable with duty, or if the duty with which it was chargeable does not exceed one rupees;|Five Rupees.|
|(ii) in any other case not falling within the provisions of Section 6 A;|Ten Rupees.|
|EXEMPTIONS||
|(a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose.||
|(b) Copy of, or extract from, any register relating to births, baptisms, naming dedications, marriages, divorces, deaths or burials.||
|25. COUNTERPART OR DUPLICATE of any instrument, chargeable with duty and in||
-----
|respect of which the proper duty has been paid.|Col2|
|---|---|
|(a) if the duty with which the original instrument is chargeable does not exceed Five Rupees;|Five Rupees.|
|(b) in any other case not falling within the provisions of Section 6A.|Ten Rupees.|
|EXEMPTION||
|Counterpart of any lease granted to a cultivator when such lease is exempted from duty.||
|29. DIVORCE—Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.|Twenty Rupees.|
|DOWER—Instrument of—See settlement (No. 58) DUPLICATE—See Counterpart (No. 25).||
|40. MORTGAGE—DEED, not being an Agreement relating to Deposit of Title deeds, pawn or pledge (No. 6) Bottomry Bond (No. 16) Mortgage of a Crop (No. 41), Respondentia Bond (No. 56) or Security Bond (No. 57),||
|(C) When a Collateral or auxiliary or additional or substituted security or by way of further assurance for the above mentioned purpose where the principal or primary security is duly stamped for every primary|Five Rupees.|
|and for every Rs. 1000/- or part thereof secured in excess of Rs. 1000/-;|Five Rupees.|
|46. PARTNERSHIP—||
|A)—Instrument of||
|(b)—in any other case|One hundred Rupees.|
|B)—Dissolution of|Fifty Rupees;|
|48. POWER OF ATTORNEY—||
|[as defined by section 2(21)—not being a proxy.||
|(a) When executed for the sale purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents;|Five Rupees.|
|(c) When authorising one person or more to act in a single transaction other than the case mentioned in Clause (a);|Fifteen Rupees.|
|(d) When authorising one person not or more to act in a single transaction or generally;|Fifty Rupees.|
|(e) When authorising more than five but not more than ten persons to act jointly and severally in more than one transaction or generally;|One hundred Rupees.|
|(g) in any other’ case|Fifteen Rupees for each person authorized.|
-----
|54. RECONVEYANCE OF MORTGAGED PROPERTY—|Col2|
|---|---|
|(b) in any other case|Fifty Rupees.|
|55. RELEASE,—that is to say, any instrument (not being such a release as is provided for by Section 23—A), where by a person renounces a claim upon another person or against any specified property—||
|(b) in any other case.|Thirty Rupees.|
|57. Security Bond or mortgaged—deed, executed by way of security for the due execution of an office or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of the contract—||
|(b) in any other case.|Thirty Rupees,|
[Vide Tripura Act 1 of 1992, s. 3]
**Amendment of the Schedule**
substituted, namely:—
62—
where the amount or value of the. consideration
for such conveyance as set forth therein does
not exceed Rs.50 ;
where it exceeds Rs. 50 but does not
exceed Rs. 100;
where it exceeds Rs, 100 but does not
exceed Rs. 200;
where it exceeds Rs. 200 but does not
exceed Rs. 300;
where it exceeds Rs. 300 but does not
exceed Rs. 400;
where it exceeds Rs. 400 but does not
exceed Rs. 500;
where it exceeds Rs. 500 but does not
exceed Rs. 600;
where it exceeds Rs. 600 but does not
exceed Rs. 700;
where it exceeds Rs. 700 but does not
exceed Rs. 800;
where it exceeds Rs. 800 but does not
exceed Rs. 900;
where it exceeds Rs. 900 but does not
exceed Rs. 1,000;
and for every Rs. 500 or part thereof in
excess of Rs. 1,000;
**EXEMPTION**
Assignment of copyright under the Copy Right Act,
1957 (Act XIV of 1957).
CO-PARTNERSHIP DEED— See
Partnership (No. 46)."
[Vide Tripura Act No. 14 of 1979, s. 3]
|Amendment of the Schedule.—For item No. 23 of Schedule— I of the principal Act as inserted by the Union Territories Taxation Laws (Amendment) Act, 1971 (73 of 1971), the following shall be substituted, namely:—|Col2|
|---|---|
|23. CONVEYANCE (as defined by section 2(10), not being a Transfer charged or exempted under No. 62—||
|where the amount or value of the. consideration for such conveyance as set forth therein does not exceed Rs.50 ;|Two rupees.|
|where it exceeds Rs. 50 but does not exceed Rs. 100;|Four rupees.|
|where it exceeds Rs, 100 but does not exceed Rs. 200;|Eight rupees.|
|where it exceeds Rs. 200 but does not exceed Rs. 300;|Twelve rupees.|
|where it exceeds Rs. 300 but does not exceed Rs. 400;|Sixteen rupees.|
|where it exceeds Rs. 400 but does not exceed Rs. 500;|Twenty rupees.|
|where it exceeds Rs. 500 but does not exceed Rs. 600;|Twenty four rupees.|
|where it exceeds Rs. 600 but does not exceed Rs. 700;|Twenty eight rupees.|
|where it exceeds Rs. 700 but does not exceed Rs. 800;|Thirty two rupees.|
|where it exceeds Rs. 800 but does not exceed Rs. 900;|Thirty six rupees.|
|where it exceeds Rs. 900 but does not exceed Rs. 1,000;|Forty rupees.|
|and for every Rs. 500 or part thereof in excess of Rs. 1,000;|Twenty rupees.|
|EXEMPTION||
|Assignment of copyright under the Copy Right Act, 1957 (Act XIV of 1957).||
|CO-PARTNERSHIP DEED— See Partnership (No. 46)."||
-----
**Manipur**
**Amendment of Schedule I- in Schedule 1 of the Indian Stamp Act, 1899 (No. 2 of 1899), for the**
instruments described in Article 23, the following shall be substituted, namely:-
_“23. CONCEYANCE [as defined by section 2(10)],_ Three rupees for every Rs. 100 or part thereof of
not being a Transfer charged or exempted under No. the consideration for such conveyance or, as the
62- case may be, the market value of the property
which is the subject matter or such conveyance
whichever is greater.”.
[Vide Manipur Act 6 of 2011, s. 2]
For the Schedule I appended to the Principal Act, the following Schedule shall be substituted, namely:-
SCHEDULE I
STAMP DUTY ON CERTAN INSTRUMENTS
(See section 3 and first Proviso)
|“23. CONCEYANCE [as defined by section 2(10)], not being a Transfer charged or exempted under No. 62-|Three rupees for every Rs. 100 or part thereof of the consideration for such conveyance or, as the case may be, the market value of the property which is the subject matter or such conveyance whichever is greater.”.|
|---|---|
|Description of instrument Proper stamp-duty.|Col2|
|---|---|
|1 2||
|1. ***||
|2. ADMINISTRATION BOND including a bond given under section 6 of the Government Savings Banks Act, 1873 (Act v of 1873) or section 291 or section 375 or section 316 of the Indian Seccession Act, 1925 (Act XXXIX of 1925) (a) Where the amount does not exceed Rs. 1, 000- (b) in any other case.|The same duty as a bond (No. 15) for such amount Eighteen rupees.|
|3. ADOPTION DEED, that is to say any instrument (other than a will), recording an adoption, or conferring or purporting to confer an authority to adopt.|Thirty six rupees.|
|4. AFFIDAVIT, including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing.|Three rupees sixty paise.|
|EXEMPTION||
|5. Affidavit or declaration in writing when made.||
|(a) As a condition or enlistment under the Indian Army Act, 1950 (Act XLVI of 1950)||
|(b) for the immediate purpose of being filed or used in any court or before the officer of any court; or||
|(c) for the sole purpose of enabling any person to receive any pension or charitable allowance.||
|5. ***||
-----
|6. AGREEMENT RELATING TO DEPOSIT OR TITLE DEEDS PAWN OR PLEDGE, that is to say, any instrument evidencing an agreement relating to – (1) the deposit of title deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security), or (2) the pawn or pledge movable property, where such deposit pawn or pledge has been made by way of security for the repayment of money, advanced or to be advanced by way of loan or an existing or future debt— (a) if such loan or debt is repayable on demand or more than three months from the date of the date of the instrument evidencing the agreement— if the amount of loan does not exceed Rs. 5000/- if it exceeds Rs. 5000/- and does not exceed Rs. 1,000/- (b) if such loan or debt is repayable not more than three months from the date of such instrument.|Three rupees. Six rupees. Six rupees. Half the duty payable under sub-clause (a).|
|---|---|
|EXEMPTION||
|Inspection of pawn or pleadge of goods if unattested.||
|7. APPOINTMENT IN EXECUTION A POWER, whether or trustee or of property movable or immovable, where made by way writing not being a will— (a) where the value of the property does not exceed Rs. 1, 000/- (b) in any other case.|Thirty rupees. Fifty-four rupees.|
|8. APPRAISEMENT OR VALUATION mode otherwise than under an order of the court in the course of a suit— (a) where the amount does not exceed Rs. 1, 000. (b) in any other case.|The same duty as a bond (No. 15) for such amount. Eighteen rupees.|
|EXEMPTIONS||
|(a) Appraisement or valuation made for the information of one party, only and not being in any manner obligatory between parties either by agreement or operation of law.||
|(b) Appraisement of crops for the purpose of ascertaining or operation of law.||
|9. APPRENTICESHIP-DEED, including every writing relating to the service or tuition of any apprentice, clerk or servant placed with any master to taken any profession, trade or employment.||
-----
|EXEPTION|Col2|
|---|---|
|Instrument of apprenticeship executed by a Magistrate under the Apprentices Act, 1961 (Act LII of 1961) or by which a person is apprenticed by, or at the charge of any public charity.||
|10. * * *||
|11. ASSIGNMENT—See Conveyance (No. 23) Transfer (No. 62) and Transfer of Lease (No. 63), as the case may be.||
|ATTORNEY—See Power of Attorney (No. 48).||
|AUTHORITY TO ADOPT—See Adoption Deed (No. 3).||
|12. AWARD, that is to say, any decision in writing by an arbitrator or umpire not being an award directing a partition, on a reference made otherwise than by an order of the court in the course of a suit.|The same duty as a bound (No. 15) for the amount or value of the property to which the award relates a set forth in such award subject to a maximum of ninety rupees.|
|13. BILL OF EXCHANGE (as defined by S. 2(2) not being a bond, Bank Note or currency notes:-- 3(b) where payable otherwise than on demand:-- (i) where payable not more than three months after date or sight— if the amount of the bill or note does not exceed Rs. 500/-- if it exceeds Rs. 500/- but does not exceed Rs. but does not exceed Rs. 1, 000/- and for every additional Rs. 1, 000/-or part thereof in excess of Rs. 1, 000/- (ii) where the payable more than three months but not more than six months after date or sight— If the amount of bill or note does not exceeds Rs. 500/- If it exceeds Rs. 500/- but does exceed Rs. 1, 000/- And for every additional Rs. 1,000/- or part thereof in excess of Rs. 1, 000/- (iii) Where payable more than six months but not more than nine months after date sight— IF the amount of the bill or note does not exceed Rs. 500/- If it exceeds Rs. 500/- but does not exceed Rs. 1, 000/ And for every additional Rs. 1, 000/- or part thereof in excess of Rs. 1, 000/- (iv) Where payable more than nine months but not more than one year after date sight— If the amount of the bill or note does not exceed Rs.|One rupees and fifty paise. Three rupees. Three rupees. Three rupees. Six rupees. Six rupees. Four rupees fifty paise. Nine rupees. Nine rupees. Six rupees. Twelve rupees. Twelve rupees. Twelve rupees. Twentyfour rupees. Twentyfour rupees.|
-----
|500/- If it exceeds Rs. 500/- but does not exceed Rs. 1, 000/- And for every additional Rs. 1,000/-Or part thereof in excess of Rs. 1,000/- (c) Where payable at more than one year after date or sight— If the amount of the bill or note does not exceed Rs. 500/- If it exceeds Rs. 500/- but does not exceed Rs. 1, 000/- And for every additional Rs. 1,000/- or part thereof in excess of Rs. 1,000/-|Col2|
|---|---|
|14. BILL OF LADING (including a through bill of landing) (a) Bill of lading when the goods therein describing are received at a place within the limits of any port as defined under the Indian Ports Act, 1908 (15 of 1908) and are to be delivered at another place within the limits of the same port. (b) Bill of lading when executed out of India and relating to property to be delivered in India.|N.B. –If a bill a lading is drawn in part. The proper stamp therefor must be borne by each one of the set.|
|15. BOND (as defined by section 2(5) not being a DEBENTURE (No. 27) and not being otherwise provided for by this Act, or by the Court fees act, 1870 (VII of 1870). Where the amount or value secure does not exceed Rs. 1,00. Where it exceeds Rs. 10/- and does not exceed Rs. 50/- Where it exceeds Rs. 50/- and does not exceed Rs. 100/- Where it exceeds Rs. 100/- and does not exceed Rs. 200/- Where it exceeds Rs. 200/- and does not exceed Rs. 300/- Where it exceeds Rs. 300/- and does not exceed Rs. 400/- Where it exceeds Rs. 400/- and does not exceed Rs. 500/- Where it exceeds Rs. 500/- and does not exceed Rs. 600/- Where it exceeds Rs. 600/- and does not exceed Rs. 700/- Where it exceeds Rs. 700/- and does not exceed Rs. 800/-|Thirty rupees. Sixty rupees. One rupee twenty paise. Three rupees. Four rupees fifty paise. Six rupees. Eight rupees ten paise. Ten rupees eighty paise. Twelve rupees sixty paise. Forteen rupees sixty paise. Sixteen rupees twenty paise. Eighteen rupees. Nine rupees.|
-----
|Where it exceeds Rs. 800/- and does not exceed Rs. 900/- Where it exceeds Rs. 800/- and does not exceed Rs. 1,000/- and for every Rs. 500/- does not and/ or part thereof in excess of Rs. 1, 000/- Bottonmry Bond (No. 16) Custom Bond (No. 26) Indemnity Bond (No. 56) Security Bond (No. 57).|Col2|
|---|---|
|EXEMPTIONS||
|Bond, when executed— (a) heasment nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, section 99, for the due performance of their duties under that Act ; (b) any person for the purpose of guatanteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object or public utility shall to be less than a specified sum per mensem.||
|16. ***|***|
|17. CANCELLATION—Instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided of.|Eighteen rupees.|
|18. CERTIFICATION OF SALE (in respect of each property put as a separate lot and sold), granted to the purchaser of any property sold by public auction by a Civil or Revenue Court, or Collector or other Revenue Officer— (a) where the purchase-money does not exceed Rs. 10/- (b) where the purchase-money exceeds Rs. 10/- but does not exceed Rs. 25/- (c) in any other case./|Sixty paise. Ninety paise. The same duty as a conveyance (No. 23) for a consideration equal to the amount of the purchase money only.|
|19. ***|***|
|20. ***|***|
|21. ***|***|
|22. COMPOSITION DEEDS—that is to say, any instrument executed by a debenture, whereby the conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtors business, under the supervision of inspectors or under letters of licence for the benefit of his creditors.||
-----
|23. CONVEYANCE (as defined by section 2(10) not being a Transfer charged or exempted under No. 62 Where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs. 50/- Where it exceeds Rs. 50/- but does not exceed Rs. 100/- Where it exceeds Rs. 100/- but does not exceed Rs. 200/- Where it exceeds Rs. 200/- but does not exceed Rs. 300/- Where it exceeds Rs. 400/- but does not exceed Rs. 500/- Where it exceeds Rs. 500/- but does not exceed Rs. 600/- Where it exceeds Rs. 600/- but does not exceed Rs. 700/- Where it exceeds Rs. 700/- but does not exceed Rs. 800/- Where it exceeds Rs. 800/- but does not exceed Rs. 900/- And for every Rs. 500 or part thereof in excess of Rs. 1, 000.|One rupee and thirty eight paise. Two rupees seventy paise. Five rupees forty paise. Eight rupees and ten paise. Ten rupees and eighty paise. Thirteen rupees and fifty paise. Sixteen rupees and twenty paise. Eighteen rupees and ninety paise. Twenty one rupees and sixty paise. Twentyfour rupees and thirty paise. Twentyseven rupees. Thirteen rupees and fifty paise.|
|---|---|
|EXEMPTION||
|Assignment of copy right under the copy Right Act, 1957 (Act XVI of 1957)||
|CO-PARTNERSHIP DEED—See partnership No. 46||
|24. COPY OF EXTRACT, certified to be a true copy or extract y or order of any public Officer and not chargeable under the law for the time being in force relating to court fees: (i) if the original was not chargeable with duty, or if the duty with which it was chargeable does not exceed one rupees. (ii) in any other case not falling within the provisions of section 6A.|One rupees eighty paise. Three rupees and sixty paise.|
|EXEMPTIONS||
|(a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public officer or for any public purpose.||
|(b) Copy of, or extract from any register relating to births, baptism, namings, dedicatings, marriages, divorces, deaths, or burials.||
-----
|25. COUNTERPART OR DUPLICATE OF ANY INSTRUMENT CHARGEABLE WITH duty and in respect of which the proper duty has been paid— (a) if the duty with which the original instruments is chargeable does not exceed two rupees. (b) in any other case not falling within the provisions of section 6A.|The same duty as is payable on the original. Three rupees an sixty paise.|
|---|---|
|EXEMPTIONS||
|Counterpart of any lease granted to a cultivator, when such lease is exempted from duty.||
|26. CUSTOME BOND--||
|(a) where the amount does not exceed Rs. 1, 000/-|The same duty as a Bond (No. 15) for such amount|
|(b) in any other case.|Twenty-four rupees.|
|27. DEBENTURE whether a mortage debenture or note, being a make table security transferable— (a) by the endorsement or by a separate instrument of transfer. Where the amount or by a separate not exceed Rs. 10 Where tit exceeds Rs. 10 and does not exceed Rs. 50. Ditto 50 ditto 100 Ditto 100 ditto 200 Ditto 200 ditto 300 Ditto 300 ditto 400 Ditto 400 ditto 500 Ditto 500 ditto 600 Ditto 600 ditto 700 Ditto 700 ditto 800 Ditto 800 ditto 900 Ditto 900 ditto 1,000 And for every 500 or part thereof in excess of Rs. 1, 000.|Twenty five paise. Fifty paise. Ninety paise. Ninety paise. One rupee eighty paise. Two rupees seventy paise. Three rupees sixty paise. Four rupees fifty paise. Six rupees thirty paise. Seven rupees twenty pasie. Eight rupees ten paise. Nine rupees. Four rupees fifty paise.|
|(b) by delivery||
|Where the amount or value of the consideration for such debenture as set forth therein does not exceed Rs. 50.|Ninety paise.|
|Where it exceeds Rs. 50 but does not exceed Rs. 100 Ditto100 ditto 200. Ditto 200 ditto 300|One rupees eighty paise. Three rupees sixty paise. Five rupees forty paise. Seven rupees twenty paise.|
-----
|Ditto 300 ditto 400 Ditto 400 ditto 500 Ditto 500 ditto 600 Ditto 600 ditto 700 Ditto 700 ditto 800 Ditto 800 ditto 900 Ditto 900 ditto1000 And for every Rs. 500 or part thereof in excess of Rs. 1000/- Explanation—The term ‘Debenture’ includes any interest coupons attached thereto but the amount of such coupons shall not be included in estimating the duty.|Nine rupees. Ten rupees eighty paise. Twelve rupees sixty paise. Fourteen rupees forty paise Sixteen rupees twenty paise. Eighteen rupees. Nine rupees.|
|---|---|
|EXEMPTIONS||
|A debenture issued by an incorporated company or other body corporate in terms of a registered mortgaged-deed, terms of a registered mortgaged- deed, duly stamped in respect of the full amount of debenture to be issued thereunder whereby the company or body borrowing makes over, in whole or in part, their property to trustees for the benefit of the debenture holders; Provided that the debenture so issued are expressed to be issued in terms of the said mortgage-deed.||
|DECLARATION OR ANY TRUST— See Trust (No. 64).||
|DUBLICATE—See Counterpart (No. 25).||
|28. DELIVERY ORDER IN RESPECT OF GOODS, that is say, any instrument entitling any person therein named, or his assigns or the holder thereof, to the delivery of any goods, lying in any docks or ports or in any warehouse in which goods are stored or deposited on rent of hire, or upon wharf, such instrument being signed by or on behalf of the owner of such goods upon the state or transfer of such goods upon the sal or transfer the property therein, when such goods exceed in value twenty rupees. DEPOSIT OF TITLE-DEEDS— See agreement relating to Deposit of Title-deeds, pown or pledge (No. 6)|Twenty five paise.|
|29. DIVORCE-Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage. DOWER—Instrument of, See Settlement (No. 58) DUBLICATE-See counterpart (No. 25).||
-----
|30. ***|***|
|---|---|
|31. EXCHANCE OF PROPERTY—Instrument of.|The same duty [as a conveyance (No. 23) for consideration equal of the value of the property of . greater value as set forth in such instrument.|
|EXTRACT—See copy (No. 24).||
|32. FURTHER CHARGE-Instrument of, that is to say, any instrument imposing a further charge on mortgage property.||
|(a) when the original mortgage is one of the description referred to in clause (a) of Article No. 40 (that is with possession).|The same duty [as a conveyance (No. 23) for consideration equal of the value of the property of . greater value as set forth in such instrument.|
|(b) when such mortgage is one of the description referred to in clause (b) of Article No. 40 (that is without possession).||
|(i) if at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument;|The same duty as a conveyance (No. 23) for a consideration equal to the total amount of the charge including the original mortgaged and further charge already made the duty.|
|(ii) if possession if not so given.|The same duty as a Bond (No. 15) for the amount of the further charge secured by such instrument.|
|33. GIFT—Instrument of not being a settlement (No. 58) or will or Transfer (No. 62)|The same duty as a conveyance (No. 23) for a consideration equal to the value of the property as set forth in such instrument.|
|HIRIING AGREEMENT OF AGREEMENT for service, see Agreement (No. 5) INDEMNITY BOND.|The same duty as a security Bond (No. 57) for the same amount.|
|INSPECTORSHIP DEED—See composition Deed (No. 32).||
|35. LEASE, Including as under lease or sub-lease and duty agreement to let sub-let(a) whereby such lease the rent is fixed and no premium is paid or delivered.||
|(i) where the lease purports to be for a term of less than one year.|The same duty as a Bond (No. 15) for the whole amount payable or deliverable under such lease.|
|(ii) where the lease purports to be for a term of not less than one year but not more than five years.|The same duty as a Bond (No. 15) for the amount or value of the average annual rent reserved.|
|(iii) where the lease purports to be for a term exceeding five years and not exceeding ten years.|The same duty as a conveyance (No. 23) for a consideration equal to the amount or value of the average annual rent reserved.|
|(iv) where the lease purports to be for a term exceeding ten years but not exceeding twenty years.|The same duty as a conveyance (No. 23) for a consideration equal twice the amount or value of the average annual rent reserved.|
|(v) where the lease purports to be for a term exceeding twenty years but not exceeding thirty years.|The same duty as a conveyance (No. 23) for a consideration equal to three times the amount or value of the average annual rent reserved.|
|(vi) where the lease purports to be for a term|The same duty as a conveyance (No. 23) for a|
-----
|exceeding thirty years but not exceeding one hundred years.|consideration equal to four times the amount or value of the average annual rent reserved.|
|---|---|
|(vii) where the lease purports to be for a term exceeding one hundred years or in perpetuity;|The same duty as a conveyance (No. 23) for a consideration equal in the case of lease granted solely for agricultural purpose to one tenth and in any other case to one 6th of the whole amount of rents which would be paid or delivered in respect of the Ist fifty years of the lease.|
|(viii) where the lease does not purports to be for any definite term;|The same duty as a conveyance (No. 23) for a consideration equal to three times the amount or value of the average annual rent which would be paid or delivered for the first tenth years if the lease continued so long.|
|(b) where the lease is granted for a fine or premium or for money advance and where no rent is reserved.|The same duty as a conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease.|
|(c) where the lease is granted for a fine or premium, or for money advanced in addition to rent reserved.|The same duty as a conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease; if no fine or premium or advance had been paid or delivered.|
||Provided that, in any case when an agreement to lease is stamped with the ad-velorem stamp required for a lease and lease in pursuance of such agreement is subsequently executed the duty on such lease shall not exceed one rupee forty paise.|
|EXEMPTIONS||
|Lease, executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium when a definite term is expressed and such terms does not exceed one year or when the average annual rent reserved does not exceed one hundred rupees.||
|In this exemption a lease for the purposes of cultivation shall include a lease of land for cultivation together with a homestead or tank.||
|Explanation.—When a lease undertakes to pay any recurring charge such as Government revenue, the landlord’s share of lease, or the owner’s share of municipal rates or taxes which is by law recoverable from the lessor, the amount so agreed to be paid by lease shall be deemed to be part of the rent.||
|36. ***||
|37. LETTER OF CREDIT, that is to say any instrument by which one person authorizes another to give credit to person in whose favour it is drawn.|Twenty paise.|
-----
|LETTER OF GUARANTEE (See agreement No. 5)|Col2|
|---|---|
|38. LETTER OF LICENCE, that is to say, any agreement between a debtor and his creditors that the letter shall for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion.|Twenty four rupees.|
|39. * *||
|40. MORTGAGE-DEED, not being an agreement relating to Deposit to Title-deeds, pawn or Pledge (No. 6) Bottormry Bond (No. 16) mortgage, Mortgage of a crop (No. 4) Rasdentia Bond (No. 56) or Security Bond (No. 57).||
|(a) when possession of the property or any part of the property comprised in such deed is given by the mortgaged or agreed to be given.|The same duty on a convenyance (No. 23) for a consideration equal to the amount secured by such deed.|
|(b) when possession is not given or agreed as aforesaid:|The same duty as a Bond (No. 15) the amount secured by such deed.|
|Explanation.—A mortgager who gives to the mortgage a power of attonery to collect rents or a lease of the property mortgaged or part thereof is deemed to give possession within the meaning of this article.||
|(c) when a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above mentioned purpose where the principal or primary security is duly stamped for every sum secured not exceeding Rs. 1, 000/-|One rupee eighty paise.|
|And for every Rs. 1, 000 or part thereof secured in excess of Rs. 1, 000/-||
|EXEMPTIONS||
|(1) Instruments excuted by persons taking advance under the land improvement Loans Act, 1883 (Act XIX of 1883) or the Agriculrurists Loans Act, 1884 (Act XII) of 1884 or by their sureties as security for the repayment of such advances.||
|(2) Letter of hypothecation accompanying a bill of exchange.||
|41. MORTGAGE OF CROP including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop is or is not in existence at the time of the mortgage.||
|(a) when the loan is repayable not more than three months from the date of the instrument for every sum secured not exceeding Rs. 200/- For every Rs. 200/- or part thereof secured in excess of ;|Thirty paise. Thirty paise.|
-----
|(b) when the loan is repayable more than three months, but not more than eighteen months from the date instrument.|Fortyeight paise.|
|---|---|
|42. NOTARIAL ACT, that is to say, any Instrument endorsement, note attestation, certificate, or entry not being a PROTEST (no. 50) made or signed by a Notary Public in the execution of the duties of his office or by any other person lawfully acting as a Notary Public. See also protest of bill or Note (No. 50).|Three rupees and sixty paise.|
|43. *** ***|***|
|44. *** ***|***|
|45. PARTITION—Instrument of (as defined by section 2(15).|The same duty as a Bond (No. 15) for the amount of the value of the separated share for shares of the property.|
|N.B. The largest share remaining after the property is partitioned for if there are two or more shares of equal value and not smaller than any of the other shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated. Provided always that---||
|(a) When an instrument of partition containing an agreement to divide property in severally is executed and a partition is effected in pursuance of such agreement the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty pain in respect of the first instrument but shall not be less than two rupees.||
|(b) Where land is held on revenue settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual revenue.||
|(c) Where a final order for effecting a partition passed by any Revenue authority or any Civil Court, or an award by an arbitrator directing a partition is stamped with the stamped required for an instrument of partition in pursuance of such order or award is subsequently executed, the duly such instrument shall not exceed two rupees.||
|46. PARTNERSHIP||
|A. (a) where the capital or the partnership does not exceed Rs. 1, 000/-|The same duty as a Bond (No. 15)|
|(b) in any other case.|Fortyeight rupees.|
|B. DISSOLUTION of PAWN OR PLEADE—See Agreement relating to Deposit of title-deeds, Pawn or Pledge (No. 6)|Twentyfour fees.|
-----
|47. POLICY OF INSURANE— A-SEA INSURANCE (See Section 7) if down singly.|If drawn in duplicate for each part.|
|---|---|
|(i) for or upon any vovage||
|(ii) where the premium or consideration does not exceed the rate of one eight per centum of the amount insured by policy.|12 paise. Six Paise.|
|(iii) in any other case, in respect of every full sum of one thousand five hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy.||
|(2) for time—||
|(iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy.||
|Where the insurance shall be made for time not exceeding six months.|Eighteen paise. Twelve paise.|
|Where the insurance shall be made for any time not exceeding six months, and not exceeding twelve months.|Thirty paise. Eighteen paise.|
|B. (FIRE INSURANE AND OTHER CLASSES OF INSURANCE, NOT ELSEWHERE INCLUDING IN THE ARTICLE, COVERING GOODS, MERCHANDISE, PERSONAL EFFECTS, CROPS, AND OTHER PROPERTY AGAINST LOSS OR DAMAGE.||
|(1) in respect of an original policy.||
|(i) when the sum insured does not exceed Rs. 5,000/-|Sixty Paise.|
|(ii) in any other case.|One rupee twenty paise.|
|(2) In respect of each receipt for any payment of a premium on any renewal of an original policy.|One half of the duty payable in respect of the original policy in additional to the amount if any, chargeable, under No. 53.|
|ACCIDENT AND SICKNESS INSURANCE—||
|(a) against railway accident, valid for a single journey only.|Twelve paise.|
|EXEMPTION||
|When issued to a passenger, travelling by the intermediate under the third class in any railway;||
|(b) in any other case for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs. 1,000/- and also where such amount exceeds Rs. 1, 000/- for every Rs. 1, 000 or part thereof.|Eighteen paise. Provided that, in case of policy of insurance against death by accident when the annual premium payable does not exceed Rs. 2.50 per Rs. 1000/- the duty on such instrument shall be twelve paise for every Rs. 1000/- or part thereof of the maximum amount which may become payable under it.|
-----
|3. (CC-INSURANCE BY WAY OF INDEMNITY against ability to pay damages on account of accident’s to workmen employed by or under the insurer or against liability to pay compensation under, the workmen’s Compensation Act, 1923 (8 of 1923) for every Rs. 100/- or part thereof payable as premium).|Col2|
|---|---|
|1. (D-LIFE INSURANCE OR GROUP INSURANE OR OTHER INSURANE NOT SPECIFICALLY PROVIDED FOR except such a REINSTRANCE as is described in Division of this article—||
|(i) for every sum insured not exceeding Rs. 250/-|Eighteen paise. Twelve paise.|
|(ii) for every sum insured exceeding Rs. 250/- but not exceeding Rs. 500/-|Thirty paise. Eighteen paise.|
|(iii) for every sum insured exceeding Rs. 500/ but not exceeding 1, 000/ part there of in exceed of Rs. 1, 000/-|Forty-eight paise. Twenty four paise.|
||N.B. if a policy of group insurance is renewed or otherwise modified where by the sum insured on which stamp. Duty has been paid, the proper stamp must be borne on the excess so incurred.|
|EXEMPTION||
|Policies of life insurance granted by the Director General of Post Offices in accordance with rules for postal life insurance issued under authority of the Central Government.||
|E-RE-INSURANCE BY AN INSURANCE COMPANY, which has granted a policy of the nature specified in Division A or Division B of this Article with another company by way of indemnity or guarantee against the payment on the original insurance of a certain part of the sum insured thereby.|One quarter of the duty payable in respect of the original insurance but not less than twelve paise or more than one rupee twenty-five paise. Provided that, if the total amount of duty payable is not a multiple of five paise, the total amount shall be rounded up to the next higher multiple of five paise.|
|GENERAL EXEMPTION||
|Letter of cover or engagement to issue a policy of insurance.||
|Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder, nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned.||
|48. POWER OR ATTORNEY (as defined by section) 2(21) not being a proxy—||
|(a) when executed for the sole purpose of procuring the registration of one or more documents in relating to a single transactions or for admitting executing of one or more such documents.|One rupee eight paise.|
|**** ****||
-----
|(c) when authorizing one person or more to act in single transactions other than the case mentioned in clause (a)|Three rupees sixty paise.|
|---|---|
|(d) when authorizing not more than five persons to act jointly and severally in more than one transaction or generally;||
|(e) when authorizing more than five persons but more than ten persons to act jointly and ten persons to act jointly and severally in more than one transaction or generally;|Twenty four rupees.|
|(f) when given for consideration and authorizing the attorney to sell and immovable property;|The same duty as a conveyance (No. 23) for the amount of the consideration.|
|(g) in any other case.|(Three sixty paise) three rupees sixty paise for each person authorised.|
|Explanation.—for the purpose of this Articles more persons than one whom belonging to the firm shall be deemed to be one person|N.B. The term “Registration” included every operation incidental to registration under the Indian Registration Act, 1908 (Act XVI) of 1908.|
|49. PROMISSORY NOTE (as defined by section 2(2). (a) when payable on demand— (i) when the amount or value does not exceed Rs. 250/--; (ii) when the amount or value exceed Rs. 250/- but does not exceed Rs. 1, 000/- (iii) in any other case.|Twelve paise. Eighteen paise. Thirty paise.|
|(b) when payable otherwise than on demand.|The same duty as a Bill of exchange (No. 13) for the same amount payable otherwise than on demand.|
|50. *** ****|****|
|51. *** ***|****|
|52. *** ***|***|
|53. *** ***|***|
|54. RECONVEYANCE OF MORTGAGED PROPERTY (a) if the consideration for which the property was mortgaged does not exceed Rs. 1000/.|The same duty as a conveyance (No. 23) for the amount of such consideration as set forth in the reconveyance.|
|(b) in any other case.|Thirty six rupees.|
|55. RELEASE, that, is to say, any instrument not being such a release as is provided for bye section 23—A, whereby a person renounces a claim upon another person or against any specified property.||
|(a) if the amount or value of the claim does not exceed Rs. 1000/-|The same duty as a Bond (No. 15) for such amount or value as set forth in release.|
|(b) in any other case.|Eighteen rupees.|
|56. *** ***|***|
-----
|57. SECURITY BOND OR MORTGAGE DEED, executed by way of security for the due execution of an office or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of a contract—|Col2|
|---|---|
|(a) when the amount secured does not exceed Rs. 1000/-|The same duty as a Bond (No. 15) for the amount secured|
|(b) in any other case.|Eighteen rupees.|
|EXEMPTIONS||
|Bond or other instruments, when executed—||
|(a) by headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876 (Bengal Act III of 1876) section 99, for the due performance of their duties under that Act;||
|(b) by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or any other hospital, or any other object of public utility, shall not be less than a specified sum per mensup.||
|(c) executed by officers of Government or their sureties to secure the due execution of an office, or the due accounting for money or other property received by virtue thereof.||
|58. SETTLEMENT—||
|A. Instrument of (including a deed of dower).|The same duty as a conveyance (No. 23) for a sum equal to the amount or value of the property settled as set forth in such settlement : Provides that, where as agreement stamp required for an instrument of settlement, and instrument of settlement in pursuance of such agreement is subsequently executed, the duty on such instrument shall not exceed one rupee eighty paise.|
|EXEMPTIONS||
|(a) Deed of dower executed on the occasion of a marriage between Muhammadans.||
|(b) Hudass, that is so say, any settlement of immovable property executed by a Budhist in Burma for a religious purpose in which no value a duty of Rs. 10/- has been paid.||
|B. Revocation of—|The same duty as a conveyance (No. 23) for a sum equal to the amount or value of the property concerned, as set forth in the instrument of Revocation, but not exceeding thirty rupees.|
|See also Trust (No. 64)||
-----
|59. ***|***|
|---|---|
|60. **|**|
|61. SURRENDER OF LEASE—||
|(a) when the duty with which the lease is chargeable, does not exceed seven rupees and fifty paise.|The duty with which such lease is chargeable.|
|(b) in any other case.|Eighteen rupees.|
|EXEMPTIONS||
|Surrender of lease, when such lease is exempted from duty.||
|62. ***|**|
|63. TRANSFER OF LEASE BY WAY OF assignment, and not by way of under lease.|The same duty as conveyance (NO. 23) for a consideration equal to the amount of the consideration for the transfer.|
|EXEMPTIONS||
|Transfer of any lese exempt from duty.||
|64. TRUST—||
|A-DECLARATION OF—of or concerning, any property when made by any writing not being a Will.|The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding six rupees.|
|B—REVOCATION—of, or concerning any property when made by any instrument other than a WILL.|The same duty as Bond (No. 15) for sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding twenty four rupees.|
|See also Settlement (No. 58)||
|VALUATION—See appraisement (No. 18)||
|65. WARRAN FOR GOODS, that is to say, any instrument evidencing the title of any person therein named, or his assigns, or the holder thereof, to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be.|One rupee and twenty paise.|
[Vide Manipur Act 4 of 1989, s. 3]
**Meghalaya**
**Amendment of Schedule I of Act 2 of 1899.—In Schedule I to the Indian Stamp Act, 1890, for items,**
Numbers 1-10, 12, 15-20, 22-26, 28, 29, 31-36, 38-46, 48, 50, 51, 54-31 and 63-65 the following shall be
substituted, namely:-
## Description of instrument Proper stamp-duty
“1. ACKNOWLEDGEMENT of a debt Thirty paise. exceeding twenty rupees in amount or
-----
## value, written or signed by or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a banker’s pass-book) or on a separate piece of paper when such book or paper is left in the creditor’s possession; Provided that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property.
2. ADMINISTRATION-BOND
including a bond, given under section 6 of the Government Savings Banks; act, 1873, or section 291 of section 376 of the Indian Succession Act, 1925
(a) where the amount does not
exceed Rs.1,000;
(b) In any other case
3. ADOPTION DEED, that is to say, any instrument (other than a will) recording an adoption, or conferring or purporting to counter an authority to adopt.
4. AFFIDAVIT, including an affirmation or declaration in the case of persons by law allowed affirm or declare instead of swearing.
Exemptions
Affidavit or declaration in writing when made (a) as a condition of enlistment under
the Indian Army Act, 1950;
(b) for the immediate purpose of being
filed or being used in any Court or before the officer of any Court; or
(c) for the role purpose of enabling any
person to receive any pension or charitable allowance.
5. AGREEMENT OR MEMORANDUM OF AN AGREEMENT
(a) if relating to the sale of a bill or
exchange;
## The same duty as a bond (No.15) for such amount Twenty rupees
Thirty-nine rupees sixty paise.
Four rupees.
Sixty paise
## Act V of
1873.
Act XXXIX
of 1925.
Act XLVI
of 1950
-----
## (b) if relating to the sale of a Subject to a maximum of fifty Government security. three rupees twenty five paise
for every Rs.10, 000 or part thereof of the value of the security.
(c) if relating to the purchase of sale of
share, script, stocks bonds,
debentures, debenture stocks or any other marketable security of a like nature in or of any
incorporated company or other body corporate
i. when such agreement or memorandum Twenty-five paise for every
of an agreement is with or through a Rs.2, 500 or part thereof of the
member or between members of a value of the security at the time
Stock Exchange recognised under the
## of its purchase or sale, as the
Securities, Contracts (Regulation) Act,
## case may be.
1956.
ii. in other cases:
(d) if executed for service or for performance of work in any estate whether held by one person, or
by more persons than one as co-owner, and whether in one or more blocks, and situated in
Meghalaya where the advance given under such agreement does not exceed fifty rupees.
(e) If not, otherwise provided for Three Rupees.
**Exemptions**
AGREEMENT FOR MEMORANDUM OF AGREEMENT
(a) for or relating to the sale of goods or merchandise exclusively, not being a note or
memorandum chargeable under No. 43.
(b) Made in the form of tenders to the Government of India for or relating to any loan.
AGREEMENT TO LEASE-lease
(No.35).
## 6. AGREEMENT RELATED TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE, that is to say, any instrument evidencing an agreement relating to
1. the deposit of title-deeds or
instruments constituting or being evidence of the title to any properly whatever (other than a marketable security), or
-----
## Description of instrument
2. the pawn or pledge of moveable
property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan of an existing or future debt
(a) if such loan or debt is
repayable on demand or more than three months from the date of the instrument
evidencing the agreement if amount of loan does not exceed Rs.500;
if it exceeds Rs.500 and does not exceed Rs.1,000;
and for every Rs.1,000 or part thereof in excess of Rs.1,000;
(b) If such loan or debt is
repayable not more than three months from the date of such instruments.
Exemptions
Instrument of pawn or pledge of goods if unattested.
7. APPOINTMENT UB
EXECUTION OF A
POWER- whether of trustees or of property, movable or immovable, where made by any writing not being a will
(a) where the value of the property
does not exceed Rs.1,000;
## Proper stamp-duty
Three rupees thirty paise.
Six rupees sixty paise.
Six rupees sixty paise.
Half the duty payable under sub- clause (a).
Thirty-three rupees.
## (b) in any other case. Fifty-nine rupees forty paise
-----
## Description of instrument
8. APPRAISMENT OR
VALUATION made otherwise than under an order of the Court in the course of a suit
(a) where the amount does not exceed
Rs.1,000.
## Proper stamp-duty
The same duty as Board (No.15) for such amount.
## (b) In any other case Nineteen rupees eighty paise.
Exemptions
Appraisement or valuation made for
the information of one party only, and not being in any matter obligatory between parties either by agreement or operation of law.
(b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent.
## 9. APPRENTICESHIP-DEED,
including every writing relating to the service or tuition of any apprentice clerk or servant placed with any master to learn any profession, trade or employment.
Exemptions
Instrument of apprenticeship executed
by a Magistrate under the Apprentices Act, 1961, or by, which a person is apprenticed by or at the charge of, any public charity.
10. ARTICLES OF ASSOCIATION OF A COMPANY
a) where the company has no share
capital or the nominal share capital does not exceed Rs.2, 500.
b) where the nominal share capital
exceeds Rs. 2,500 but not exceed Rs.5,000,
## Nineteen rupees eighty paise.
Fifty-seven rupees seventy-five paise.
Sixty-six rupees.
## Act
LII 1961
-----
## Description of instrument
c) where the nominal share capital
exceeds Rs.5,000 but does not exceed Rs.1,00,000;
d) Where the nominal share
capital exceeds Rs.1,00,000;
Exemptions
Articles of any Association not formed for profits and registered under Section 25 of the Companies act, 1956, See also Memorandum of Association of a Company (No.39).
ASSIGNMENT-See Conveyance (No.23), Transfer (No.62), and Transfer of lease (No.63), as the case may be.
ATTORNEY-See Power-of Attorney (No.48).
AUTHORITY TO ADOPT- See Adoption-deed (No.3)
12. AWARD, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order or the Court in the course of a suit.
15. BOND [as defined by
section2 (5)], not being a DEBENTURE (No.27), and not being otherwise provided for by this Act, or by the Court-fees Act, 1870
where the amount or value secured does not exceed Rs.10;
## Proper stamp-duty
Ninety-nine rupees.
One hundred ninety-eight rupees.
The same duty as a Board (No.15) for the amount or value of the property to which the award relates as set forth in such award subject to a maximum if Ninety-nine rupees.
Forty paise.
## Act I of 1956
Act VII of 1870.
## where it exceeds Rs.10 does not Sixty-five paise. and exceed Rs.50;
-----
## where it exceeds Rs.50 and
does not exceed Rs.100 ;
## One rupees thirty-five
paise.
## where it exceeds Rs.100 and Three rupees, thirty paise.
does not exceed Rs.200.
where it exceeds Rs.200 and Five rupees.
and does not exceed Rs.300.
## where it exceeds Rs.300 does not exceeds Rs.400.
where it exceeds Rs.400 does not exceed Rs.500.
where it exceeds Rs.500 does not exceed Rs.600.
where it exceeds Rs. 600 does not exceed Rs. 700
where it exceeds Rs.700 does not exceed Rs. 800.
where it exceeds Rs.800 does not exceed Rs.900.
where it exceeds Rs.900 does not exceed Rs.1,000;
and for every Rs.500 or thereof in excess of Rs.1, 000.
See Administration Bond (No.2), Bottomry Bond (No.16) Customs Bond (No.26), Indemnity Bond (No.34),
Respondentia Bond (No.56), Security Board (No.57).
Exemptions
Bond, when executed by
(a) Headmen nominated under rules
framed in accordance with the Bengal Irrigation Act,1876
## and Six rupees sixty paise.
and Eight rupees ninety-five paise.
and Eleven rupees ninety paise.
and Thirteen rupees eighty-five paise.
and Fifteen rupees eighty-five paise.
and Seventeen rupees seventy paise.
and Nineteen rupees eighty paise.
part Ten rupees ninety paise.
## Bengal Act III of 1876
## (b) Any person for the purpose of
guaranteeing that the local income derived from private subscriptions to a
-----
## charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem.
## 16. BOTTOMRY BOND, that is to say, any instrument whereby the master of a sea-going ship borrows money on the security of a ship to enable him to preserve the ship or prosecute her voyage.
17. CANCELLATION, instrument of (including any instrument by which any instrument previously executed is
cancelled). If attested and not otherwise provided for.
See also RELEASE (No.55) Revocation of Settlement (No.58-B), Surrender of Lease (No.61), Revocation of Trust (No.64-B).
18. CERTIFICATE OF SALE (in respect of each property put up as a separate lot and sold),granted to the purchase of any property sold by public auction by a Civil or Revenue Court, Collector or other Revenue Officer
i. where the purchase money does not exceed Rs.10;
ii. where the purchase money exceeds Rs.10 but does not exceed Rs.25;
## The same duty as a Bond (No.15) for such amount
Nineteen rupees eighty paise.
Fifty-five paise.
One rupee five paise.
## iii. In any other case. ... The same duty as a Conveyance (No.23), for a consideration equal to the amount of the purchase-money only.
## 19. CERTIFICATE OR OTHER
DOCUMENT, evidencing the right or title of the holder thereof or any other person, either to any shares, scrip or stock in or of any incorporated company or other body corporate or the become proprietor of shares, scrip or stock in or any such company or body.
## Forty paise.
-----
## See also LETTER OF ALLOTMENT OF SHARES (No.36).
20. CHARTERED PARTY. that is to say any instrument (except an agreement for the hire of a tugsteamer), whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer, whether it includes a penalty clause or not.
22. COMPOSITION DEED. that is to say, any instrument executed by a debtor, whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor’s business under the supervision of inspectors or under letters of license, for the benefits of his creditors.
23. CONVEYANCE [as defined by section 2 (10) not being a Transfer charged of exempted under No.62
where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs.50;
where it exceeds Rs.50 but does not exceed Rs.100;
where it exceeds Rs.100 but does not exceed Rs.200;
where it exceeds Rs.200 but does not exceed Rs.300;
where it exceeds Rs.300 but does not exceed Rs.400;
where it exceeds Rs.400 but does not exceed Rs.500;
where it exceeds Rs.500 but does not exceed Rs.600;
where it exceeds Rs.600 but does not exceed Rs.700;
where it exceeds Rs.700 but does not exceed Rs.800;
where it exceeds Rs.800 but does not exceed Rs.900;
## Three rupees ninety-five paise.
Three rupees sixty paise.
One-rupee fifty-five paise.
Three rupees
Five rupees ninety-five paise.
Eight rupees fifty-five paise.
Eleven rupees.
Fourteen rupees ninety paise.
Seventeen rupees seventy-five paise.
Twenty rupees eighty-five paise.
Twenty-three rupees seventy- five paise.
Twenty-six rupees seventy-five paise.
-----
## where it exceeds Rs.900 but does not exceed Rs.1,000;
where it exceeds Rs.500 but does not exceed Rs.1,000;
where it exceeds Rs.50,000 but does not exceed Rs.90,000;
where it exceeds Rs. 90,000but does not exceed Rs.1,50,000;
## Twenty-nine rupees seventy paise.
Fourteen rupees ninety paise.
Thirty-nine rupees sixty paise.
Fifty-two rupees eighty paise.
## and where it exceeds Rs.1,50,000 Sixty-six rupees.
Provided that where the “instrument or the conveyance” is in respect of an Industrial
Loan, certified as such by the Director of Industries, Meghalaya, the stamp duty shall be half of the above rate.
Exemption
## Assignment of copyright under the Indian Copyright Act, 1957.
CO-PARTNERSHIP DEED See
Partnership (No. 46).
24. COPY OR EXTRACT certified to be true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court fee –
i. if the original was not chargeable
with duty, or if the duty with which it was chargeable does not exceed one rupees;
ii. in any other case not falling within
the provision of section 6A.
Exemption
(a) Copy of any paper which a
public officer is expressly
required by law to make or furnish for record in any public office or for any public
purpose.
## Act XIV of 1957
## Two rupees and five paise.
Four rupees.
-----
## Description of instrument
(b) Copy of, or extract from any
register relating to births,
baptisms, naming, dedications, marriages, divorces, deaths or burials.
25. COUNTERPART OR DUPLICATE of any instrument, chargeable with duty and in respect of which the proper duty has been paid
(a) if the duty with which the original
instrument is chargeable does not exceed two rupees;
(b) In any other case not falling within
the provisions of section 6A.
Exemption
Counterpart of any lease granted to a cultivator, when such lease is exempted from duty.
26. CUSTOMS-BONDS
(a) Where the amount does not
exceed Rs.1,000;
## Proper stamp-duty
The same duty as is payable on the original.
Four rupees.
The same duty as Bond (No.15) for such amount.
## (b) in any other case. Twenty-six rupees forty paise.
## 27. DELIVERY ORDER IN RESPECT OF GOODS that is to say, any instrument entitling any person therein named, or his assigns or the holder thereof, to the delivery of any goods lying in any dock or port or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or on behalf of the owner of such goods upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees.
## Thirty paise.
-----
## Description of instrument
DEPOSIT OF TITLE DEEDS
See Agreement relating to Deposit of Title deeds, Pawn or Pledge (No.6).
DISSOLUTION OF PARTNERSHIP-See partnership (No.46).
29. DIVORCE. Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.
DOWER.....Instrument of, see settlement (No.58).
DUPLICATE.- see counterpart (No.25).
31. EXCHANGE OF PROPERTY. Instrument of.
EXTRACT.- see copy (No.24).
32.FURTHER CHARGE- Instrument of, that is to say, any instrument imposing a further charge on mortgaged property
(a) when original the marriage in
one of the description referred to in clause (a) of Article No.40 (that is, with possession).
(b) when such mortgage is one of
the description referred to in clause (b) of Article No.40 (that is, without possession):
i. if at the time of execution of the instrument of further charge possession property is given or agreed to be given under such instrument.
## Proper stamp-duty
Thirteen rupees twenty paise.
The same duty as conveyance (No.23) for a consideration equal to the value of the property of greatest value as set forth in such instrument.
The same duty as a conveyance (No.23) for a consideration equal to the amount of the further charge secured by such instrument.
The same duty as a conveyance (No.23) for a consideration equal to the total amount of the charge (including the original mortgage and any further
charge already made), less the duty already paid to such original mortgage and further charge.
-----
## ii. If possession is not so given. The same duty as a Bond (No.15) for the amount of the further charge secured by such instrument.
33.GIFT- Instrument of, not being a The same duty as a conveyance settlement (No.58), or will or Transfer (No.23) for a consideration (No.62). equal to the value of the
property as set forth in such instrument.
HIRING AGREEMENT.-Or agreement for service see Agreement (No.5).
34.IDEMNITY BOND
INSPECTORSHIP DEED or Composition- The same duty as a security Deed (No.22). Bond (No.57) for the same
amount.
35. LEASE- including and under lease or sub-lease and any agreement to let or sub- let:
(a) whereby such lease the rent is fixed
and no premium is paid or delivered:
i. where the lease purports to be The same duty as a Bond
for a term of less than one year. (No.15) for the whole amount
payable or deliverable under such lease.
ii. where the lease purports to be The same duty as a Bond
for a term of not less than one (No.15) for the amount or year but not more than five value of the average annual years; rent reserved.
iii. where the lease purports to be The same duty as a conveyance
for a term exceeding five years (No.23) for a consideration and not exceeding ten years; equal to the amount or value of
the average annual rent
reserved.
iv. where the lease purports to be The same duty as a conveyance
for a term exceeding ten years, (No.23) for a consideration but not exceeding twenty years; equal to twice the amount or
value of the average annual rent reserved.
v. where the lease purports to be The same duty as a conveyance
for a term exceeding twenty (No.23) for a consideration years, but not exceeding thirty equal to three times the amount
-----
## years; or value of the average annual rent reserved.
## vi. where the lease purports to be
for a term exceeding thirty years, but not exceeding one hundred years;
vii. where the lease purports to be
for a term exceeding one hundred years or in perpetuity.
viii. where the lease does not purport
to be for any definite term;
(b) where the lease is granted for
a fine or premium, or for money advanced and where no rent is reserved;
(c) where the lease is granted for
a fine or premium, or for money advanced in addition to rent reserved.
## The same duty as conveyance (No.23) for a consideration equal to four times the amount or value of the average annual rent reserved.
The same duty as a conveyance (No.23) for a consideration equal in the case of a lease granted solely for agricultural purposes to one-tenth and in any other case to one-sixth of the whole amount of rents which would be paid or
delivered in respect of the first fifty years of the lease.
The same duty as conveyance (No.23) for a consideration equal to three times the amount of value of the average annual rent which would be paid or delivered for the first ten years if the first ten years if the lease continued so long.
The same duty as a conveyance (No.23) for a consideration equal to the amount or value for such fine or premium or advance as set forth in the lease.
The same duty as a conveyance (No.23) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been
payable such lease, if no fine or premium or advance had been paid or delivered;
provided that, in any case when an agreement to lease is stamped with ad volorem
stamp required for a lease, and a lease in pursuance of such agreement in subsequently
-----
## executed the duty on such lease shall not exceed one rupee and fifty-five paise.
## Exemption
Lease, executed in the case of a
cultivator and for the purpose of cultivation (including a lease of trees for the production of food or drinking). Without payment or delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees.
In this exemption a lease for the purpose of cultivation shall include a lease of lands for cultivation together with a home stand or tank.
Explanation.-When a lessee undertakes to pay any recurring charge, such a Government revenue landlord’s share of cesses, or the owner’s share of municipal rates or taxes, which is by law recoverable from the lessor, the amounts so agreed to be paid by lessee shall be deemed to be part of the rent.
36. LETTER OF ALLOTMENT OF SHARES, in any company or proposed company or in respect of any loan to be raised by any company or proposed company.
See in also CERTIFICATE OR OTHER DOCUMENT (No.19).
38. LETTER OF LICENSE, that is to say any agreement between a debtor and his creditors that the letter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion.
39. MEMORANDUM OF
ASSOCIATION OF A COMPANY
## Thirty-five paise.
Twenty-six rupees forty
paise.
-----
## (a) if accompanied by articles of
association under section 26 of the Companies Act, 1956;
(b) if not so accompanied
i. where the nominal share capital
does not exceed one lakh of rupees;
ii. Where the nominal share capital
exceeds one lakh of rupees.
Exemption
Memorandum of any association not formed for profit and registered under section 25 of the Companies Act, 1956.
40. MORTGAGE-DEED not being an
Agreement relating to Deposit of Title Deeds, Pawn or Pledge (No.6), Bottomry Bond (No.16) Mortgage of Crop (No.41), Respondentia Bond (No.56) or Security Bond (No.57).
(a) when possession of the property or
any part of the property comprised in such deed is given by the mortgagor or agreed to be given;
(b) when possession of the property or
any part of the property comprised in such deed is not given by the mortgagor nor agreed to be given;
Explanation – A mortgagor who gives to the mortgagee a power of attorney to collect rents or a lease of the property mortgaged or part thereof is deemed to give possession within the meeting of this article;
## Seventy-nine rupees twenty paise.
One hundred ninety-eight rupees.
Three hundred thirty rupees.
The same duty as a
Conveyance (No.23) for a consideration equal to the amount secured by such deed.
The same duty as a Bond (No.15) for the amount secured by such deed.
## Act I of 1956.
Act I of 1956
-----
## Description of instrument
(c) (i) when a collateral or auxiliary or
additional or substituted security, or by way of further assurance for the above mentioned purpose where the principal or primary security is duly stamped for every sum secured not exceeding Rs.1,000.
(ii) and for every Rs.1,000 or part thereof secured in excess of Rs.1,000.
Exemption
(d) Instruments executed by persons
taking advances under the Land Improvement Loans Act, 1883, or the Agriculturist’s Loan Act, 1884, or by their sureties as security for the repayment of such advances.
(2) Letter of hypothecation
accompanying a bill of exchange.
41. MORTGAGE OF CROP,
including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop is or is not in existence at the time of the mortgage –
(a)when the load is repayable not
more than three months from the date of the instrument.
for every sum secured not exceeding Rs.200,and
for every sum Rs.200 or part thereof secured in excess of Rs.200.
(b) when the loan is repayable more
than three months, but not more than eighteen months from the date of instrument
## Proper stamp-duty
Two Rupees.
Two rupees forty paise.
Thirty-five paise.
Fifty paise.
## Act XIX of 1883.
Act XLI of 1884
-----
## for every sum secured not exceeding Rs. 100, and
for every Rs.100 or part thereof secured in excess of Rs.100.
42. NOTARIAL ACT. That is to say, any instrument, endorsement, note,
attestation, certificate or entry not being a Protest (No.50) made or signed by a Notary Public in the execution of the duties of his office, or by and other person lawfully acting as a Notary Public.
See also Protest of Bill or Note (No.50).
43. NOTE OR MEMORANDUM, sent by a Broker or Agent top his principal intimating the purchase or sale on account of such principal
(a) of any goods exceeding in value
twenty rupees;
(b) of any stock or marketable
security exceeding in value twenty rupees.
44. NOTE OF PROTEST BY THE MASTER OF A SHIP-See also Protest by the Master of Ship (No.51).
Order for the payment of money- See Bill of Exchange (No.13).
45. PARTITION – Instrument of [as defined by Section 2 (15)].
## Fifty-five paise.
Fifty-five paise.
Three rupees and ninety five paise.
Sixty-five paise.
Seventy-five paise for every Rs. 5, 000 or part thereof of the value of the stocks or security subject to a
maximum of thirty-three
rupees.
Two rupees and sixty paise.
The same duty as a Bond (No.45) for the amount of the value of the separated share or shares of the property.
N.B.- The learnt share
remaining after the property is partitioned or if there are two or more shares of equal value and not smaller than any of the other share, then one of such equal (share)
-----
## shall be deemed to be that from which the other shares are separated:
Provided always that
(a) when an instrument of
partition containing an agreement to divide property in severalty is executed and a
partition is effected in pursuance of such
agreement the duty
chargeable upon the instrument affecting
such partition shall be reduced by the amount of duty paid in respect of the first instrument but shall into be less than two rupees and sixty-five paise;
(b) where land is held on
revenue settlement for a period not exceeding thirty years and paying the full assessment the value for the purpose of duty shall be
calculated at not more than five times the annual revenue;
(c) where final order for
effecting a partition passed by any Revenue authority or any Civil Court, or an award by an arbitrator directing a partition, is stamped with the stamp
required for than
instrument of partition and an instrument of partition in pursuance of such order or award is subsequently
executed the duty in such instrument shall not exceed two rupees and sixty-five paise.
-----
## Description of instrument
## Proper stamp-duty
## 46. PARTNERSHIP Provided always that
A-Instrument of -
## (a) where the capital of the partnership
does not exceed Rs.1,000.
(b) in any other case .... ...
B.- Dissolution of –
PAWN OR PLEDGE.- See Agreement relating to Deposit of Title-deeds Pawn or Pledge (No.6).
48. POWER OF ATTORNEY [as defined by section 2 (21)] not being a XV
1. when executed for the sole purpose of
procuring the registration of one or more documents in relation to a single
transaction or for admitting execution of one or more such documents;
2. when required in suits or proceeding under
the Presidency small Cause Court; Act, 1882;
3. When authorising one person or more to
act in a single transaction other than the case mentioned in clause (a);
4. When authorising not more than five
persons to act jointly and severally in more than one transaction or generally;
5. When authorising more than five persons
but not more than ten persons to act jointly and severally in more than one transaction or generally.
## The same duty as a Board (No.15).
Fifty-two rupees eighty
paise.
Twenty-six rupees forty
paise.
Two Rupees
Act XV of 1882
Two Rupees.
Three rupees ninety-five
paise.
Nineteen rupees eighty
paise.
Thirty-nine rupees sixty
paise.
-----
## Description of instrument
6. when given for consideration and
authorising the attorney to sell any immovable properly;
## Proper stamp-duty
The same duty as a
Conveyance (No.23) for the amount of the consideration.
## 7. in any other case ... ... Three rupees and thirty paise for each person
authorised.
## Explanation. - For the purpose of this Article more persons than one when belonging to the same firm shall be deemed to be one person.
50. PROTEST OF BILL OR NOTE,
that is to say, any declaration in writing made by a Notary public or other person lawfully acting as such, attesting the dishonour of a bill-of-exchange or promissory
note.
51. PROTEST BY THE MASTER
OF A SHIP, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to adjustment of losses or the calculation of averages, and every declaration in writing made by him against the characters or consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary Public or other person lawfully acting as such.
See also Note of Protest by the Master of a Ship (No.44).
54.RECONVEYANCE OF
MORTGAGED PROPERTY.
(a) If the consideration for which the
property was mortgaged does not exceed Rs.1, 000.
## N.B. – The term
“Registration” includes
every operation incidental to registration under the
Registration Act, 1908.
Three rupees ninety-five
paise.
Three rupees ninety-five
paise.
The same duty as a
conveyance (No.23) for the amount of such
consideration as set forth in the conveyance.
## Act XVI of 1908.
-----
## (b) In any other case ... Thirty-nine rupees and sixty
... paise.
55. RELEASE, that is to say, any
instrument (not being such a release as is provided for by section 23-A), whereby a person renounces a claim upon another person or against any specified property.
(a) if the amount of value of the claim dies The same duty as a Bond
not exceed Rs.1,000; (No.15) for such amount or
value as set forth in the release.
(b) In any other case. Nineteen rupees eighty
paise.
## 56. RESPONDIETIA BOND, that is to
say any instrument securing a loan on the cargo laden or to be laden on Board a ship and making repayment contingent on the arrival of the cargo at the port of destination.
REVOCATION OF ANY TRUST ON SETTLEMENT
See settlement (No.58), Trust (No.64).
57. SECURITY BOND OR
MORTGAGE DEED, executed by way of security for the due execution of an office; or to account for money or other property received by virtue thereof or executed by a surety to secure the due performance of contract
(a) When the amount secured does not
exceed Rs.1,000;
## The same duty as a Bodn (No.15) for the amount of the loan secured.
The same duty as a Bond (No.15) for the amount secured. Nineteen rupees eighty paise.
The same duty as a Bond (No.15) for the amount secured.
## (b) in any other case ... ... Nineteen rupees and eighty paise.
-----
## Exemption
Bond or other instrument, when executed
(a) by headmen nominated under rules
framed in accordance with the Bengal Irrigation Act, 1876, section 99, for due performance of their duties under that Act;
(b) by any person for the purpose of
guaranteeing that the local income derived from private subscription to a charitable dispensary or hospital, or any other object of public utility, specified sum per mensem;
(c) under N.3-A of the rules made by the
Government of Bombay in Council under section 70 of the Bombay Irrigation Act,1879;
(d) executed by persons taking advances
under the Land Improvement Loans Act, 1883, or the Agriculturist’s Loans Act, 1884, or by their sureties, as sureties as security for the re-payment of such advance;
(e) executed by officers of Government or
their sureties to secure the due execution of an Office or the due accounting for money or other
property received by virtue thereof;
58. SETTLEMENT
A.- Instrument of (including a deed of power).
## The same duty as a
Conveyance (No.23) for a sum equal to the amount or value of the property settled as set forth in such
settlement;
Provided that, where an agreement to settle is
stamped with the stamp
## Ben.Act II of
1876
Bom, Act VII of 1879.
Act XIX of 1883.
Act XII of 1884
-----
## required for an instrument of settlement, and
instrument of settlement in pursuance of such
agreement is subsequently executed, the duty on such instrument shall not exceed one rupee and fifty-five rupee.
Exemptions
(a) Deed of power executed on the
occasion of a marriage between Muhammadans.
(b) Hindus, that is to say, any settlement
of immovable property executed by a Buddhist in Burma for a religious purpose in which no value has been specified on which a duty of Rs.10 has been paid.
B.-Revocation of - The same duty as a
Conveyance (No.23) for a sum equal to the amount or value of the property
concerned, are set forth in the instrument of
Revocation, but not
exceeding thirty-three
rupees.
See also TRUST (No.64)
## 59. SHARE WARRANTS to bearer
issued under the Companies Act, 1956.
Share warrant when issue by a Company in pursuance of the
Companies Act, 1956, Section 114, to have effect only upon payment, as Composition for the duty, to the Collector of Stamp revenue of
(a) one-and-a-half per centum of the
whole subscribed capital of the company, or
## One and a half time the duty payable one Conveyance (No.23) for a consideration equal to the nominal amount of the shares specified in the warrant.
## Act I 1956
Act I of 1956
-----
## (b) if any company which has paid
the said duty or composition in full, subsequently issues an
addition to its subscribed capital one-and-a-half per centum of the additional capital so issued.
SHIPPING ORDER for or
relating to the conveyance of goods on board of any vessel.
61. SURRENDER OF LEASE –
(a) when the duty with which the
lease is chargeable does not exceed seven rupees and fifty paise.
## Twenty-five paise.
The duty with which such leases chargeable.
## (b) In any other case ... Nineteen rupees and eighty paise.
Exemptions
Surrender of lease, when such lease is exempted from duty.
## 63. TRANSFER OF LEASE BY way of
Assignment, and not by way of underlease.
Exemptions
Transfer of any lease from duty.
64. TRUST –
A-Declaration of or concerning any property when made by any writing not being a will.
## The same duty as a
Conveyance (No.23) for a consideration equal to the amount of the consideration for the transfer.
The same duty as a Bond (No.15) for a sum equal to the amount or value of the property concerned, as set forth in the instrument but not exceeding thirty-three
-----
## -Revocation of or concerning
property when made by any
document other than a will.
See also settlement (No.58).
Valuation.- See Appraisement (No.8)
65. Warrant for goods, that is to say, any
instrument evidencing the title of any person therein named, or his assigns, or the holder thereof to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be.
[Vide Meghalaya Act 22 of 1980, s. 2]
## rupees.
The same duty as a Bond (No.15) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding thirty-three paise.
One rupee thirty paise.
## Amendment of Schedule I.—In Schedule I to the Indian Stamp Act,1899 as amended by the
Indian Stamp (Meghalaya Amendment) act, 1980 (Act 22 of 1980)
(i) in article 22, for the words “Three rupees sixty paise” occurring in the second
column, the words “Thirty-nine rupees sixty paise” shall be substituted;
(ii) in article 23, after the words “Thirty-nine rupees sixty paise”, “Fifty-two rupees
eighty paise” and “Sixty-six rupees” occurring in the second column at the end of the article and before the proviso, the words “for every one thousand rupees” shall respectively be added; and
[Vide Meghalaya Act 15 of 1981, s. 2]
**Amendment of Section I of Act 2 of 1899.— In schedule I to the Indian Stamp Act, 1899 for**
Articles 1 to 10, 12, 15, to 20, 22 to 26, 28, 29, 31 to 36, 38 to 46, 48, 50, 51, 54 to 61 and 63 to 65 the
following shall be substituted namely:
## Description of instrument Proper stamp duty
## “1. ACKNOWLEDGEMENT of a debt exceeding twenty rupees in amount or value, written or signed by or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a banker’s pass book) or on a separate piece of paper when such book or paper is left in the creditor’s possession: provided that such
acknowledgement does not contain any promise
## One Rupee
-----
## to pay the debt or any stipulation to pay interest or to delivery any goods or other property.
1.ADMINISTRATION-BOND including a bond,
given under section 6 of the Government Saving Bank Act, 1873, or section 291 or section 376 of the Indian Succession Act, 1925 (a) Where the amount does not exceed Rs. 1,000
(b) In any other case
2.ADOPTION-DEED, that is no say, any
instrument (other than a will) recording an adoption, or conferring or purporting to confer an authority to adopt.
3.AFFIDAVIT, including and affirmation or declaration in the case of person by law allowed to affirm or declare instead of swearing.
Exemptions
Affidavit of declaration in writing when made – (a) As a condition of enlistment under the Indian
Army Act, 1950;
(b) For the immediate purpose of being filed or
used in any Court or before the officer of any Court; or
(c) For the sole purpose of enabling any person to
receive any pension or charitable allowance.
4. AGREEMENT AND MEMORANDUM OF
AN AGREEMENT –
## Act V of 1873. Act XXXIX of 1925.
The same duty as a bond (No. 15) for such amount
Twenty four rupees
Forty eight rupees
Five rupees
Act XLVI of 1950
## (a) If relating to the sale of bill of exchange. One rupee
(b) If relation to the sale of a Government Subject to a maximum of
Security. sixty four rupees for every Rs.
10,000 per part thereof the value of the security.
(c) If relating to the purchase or sale of shares,
script stocks bond, debentures stocks or any other marketable security of a like nature in or of any incorporated company of other body corporate-
-----
## Description of instrument
(i) When such agreement or memorandum of an
agreement is with or through a member of between members of a stock Exchange
recognised under the Securities Contracts Regulation Act, 1956;
## Proper stamp duty
One Rupee for every Rs. 2,500 or part thereof of the value of the security at the time of its purchase or sale, as the case may be
## Act XIIL of 1956
## (ii) In other cases; Rupee one for every Rs. 2,500 or part thereof of the value of the security at the time of its purchase or sale, as the case may be.
(d) If executed for service or for performance of work
of any estate whether held by one person, or by
more persons than one as co-owners, and whether
is one or more blocks, and situated in Meghalaya
where the advance given under such agreement
does not exceed fifty rupees;
One Rupee.
(e) If not, otherwise provided for. Three Rupees.
**Exemptions**
AGREEMENT FOR MEMORANDUM OF AN
AGREEMENT
(a) For or relating to the sale of goods or merchandise
exclusively not being a more or memorandum
chargeable under No. 43;
(b) Made in the form of tenders to the Government of
India for or relating to any loan.
AGREEMENT TO LEASE –
LEASE (No. 35)
**5.AGREEMENT RELATING TO DEPOSIT OF**
TITTLE-DEEDS PAWN OR PLEDGE, that is to say
any instrument evidencing an agreement relating to
## Description of instrument
(1) The deposit of little-deeds or instruments
constituting or being evidence of the little to any property whatever (other than a marketable security), or
(2) The pawn or pledge of moveable property,
where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan of existing or further debt
## Proper stamp duty
-----
## (a) If such load or debt is repayable on demand or
more than three instrument evidencing the agreement-
(i) If the amount of loan does not exceed Rs. 500.
(ii) If it exceeds Rs. 500 and does not exceed Rs.
1,000.
(iii)And for every Rs. 1,000; or part thereof in
excess of Rs. 1,000.
(b) If such loans or debt is repayable not more the
three months from the date of such instrument
EXEMPTIONS
Instrument of pawn or pledge of goods unattested.
6. APPOINTMENT IN EXECUTION OF
POWER (a) Where the value of the property does not
exceed Rs. 1,000.
(b) In any other case;
7. APPRAISEMENT OR VALUATION made
otherwise than under an order of the court in the course of a suit-
(a) Where the amount does not exceed Rs. 1,000
(b) In any other case.
EXEMPTIONS
8.APPRAISEMENT OR VALUATION made for
the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law.
(a)Appraisement of crops for the purpose of
ascertaining the amount to be given to a landlord as rent.
9.APPRENTICESHIP-DEED, including every
writing relating to the service or tuition of any apprentice clerk of servant placed with any master to learn any profession, trade or employment.
## Four Rupees.
Eight Rupees.
Eight Rupees.
Half the duty payable under sub-clause (a)
Forty Rupees;
Seventy one Rupees;
The same duty as a Bond (No. 15) for such amounts. Twenty four Rupees.
Twenty four rupees.
-----
## Exemptions
Instrument of apprenticeship executed by a Magistrate Apprentices Act, 1961, or by, which a person is apprenticed by or at the charge of any public charity.
10. ARTICLES OF ASSOCIATION OF A
COMPANY-
(a) Where the company has no share capital or
the nominal share capital does not exceed Rs. 2,500;
(b) Where the nominal share capital exceed Rs.
2,500; but does not exceed Rs. 5,000.
(c) Where the nominal share capital exceed Rs.
5,000; but does not exceed Rs. 1,00,000.
Description of instrument
(d) Where the nominal share capital exceed Rs.
1,00,000;
Exemptions
Articles of any Association not formed for profit and registered under Section 25 of the Companies act, 1956,. See also Memorandum of Association of Company (No. 39).
ASSIGNMENT- See, conveyance (No. 23). Transfer (No.62), and Transfer of lease (No. 63), as the case may be.
ATTORNEY- See Power-of-attorney (No. 48).
AUTHORITY TO ADOPT- See Adoption-deed (No. 3).
12. AWARD that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than be an order of the Court in the course of a suit.
15. BOND (as defined by section (5), not
being a DEBENTURE (No. 27), for not being
ACT LII of
1961
## Sixty nine rupees.
Seventy nine rupees.
One hundred nineteen rupees.
Proper stamp duty
Two hundred thirty eight rupees.
Act 1 of
1956
The same duty as a Bond (No. 15) for the amount or value of the property to which the award relates as set forth in such award subject to a maximum of Ninety nine rupees.
-----
## otherwise provided for by this Act, or by the Court Fess Act, 1870-
Where the amount or value secured does not exceed Rs. 10;
Where it exceeds Rs. 10 and does not exceed Rs. 50;
Where it exceeds Rs. 50 and does not exceed Rs. 100;
Where it exceeds Rs. 100 and does not exceed Rs. 200;
Where it exceeds Rs. 200 and does not exceed Rs. 300;
Where it exceeds Rs. 300 and does not exceed Rs. 400;
Where it exceeds Rs. 400 and does not exceed Rs. 500;
Where it exceeds Rs. 500 and does not exceed Rs. 600;
Where it exceeds Rs. 600 and does not exceed Rs. 700;
Where it exceeds Rs. 700 and does not exceed Rs. 800;
Where it exceeds Rs. 800 and does not exceed Rs. 900;
Where it exceeds Rs. 900 and does not exceed Rs. 1,000;
And for every Rs. 500 or part thereof in excess of Rs.1,000.
See Administration Bond (No.2) Bottomry Bond (No.16) Customs Bond (No.26). Indemnity Bond (No.34), Respondentia Bond (No.56), Security Bond (No.57).
Exemptions
Bond when executed by –
(a) Headmen nominated under rules framed in
accordance with the Bengal Irrigation Act, 1876, Section 99, for the due performance of their duties under than Act;
(b) any person for the purpose of guaranteeing
that the local income drive form private subscriptions to a charitable dispensary or hospital or any other subject of public utility, shall not be less than a specified sum per mensem.
## One rupee.
One rupee.
One rupee.
Four rupees.
Six rupees.
Eight rupees.
Eleven rupees.
Fourteen rupees
Seventeen rupees.
Nineteen rupees.
Twenty one rupees.
Twenty four rupees
Thirteen rupees
## Bengal Act III of 1876
-----
## 16. BOTTOMRY BOND, that is to say, any instrument whereby the master of a sea-going ship borrows money on the security of a ship to enable him to preserve the ship or prosecute her voyage
17. CANCELLATION, instrument of (including any instrument by which any instrument
previously executed is cancelled), if arrested and not otherwise provided for.
See also RELEASE (No. 55) Revocation of Settlement (No.58 B). Surrender of Lease (No. 61). Revocation of Trust (No. 65. B)
CERTIFICATE OF SALE ( in respect of each property put up as a separate lot and sold), granted to the purchase of any property sold by public auction by a Civil or Revenue Court, of Collector or other Revenue officer-
(a) Where the purchase money does not exceed
Rs. 10;
(b) Where the purchase money does not exceed
Rs. 10 but does not exceed Rs. 25;
(c) In any other case
19. CERTIFICATE OR OTHER DOCUMENT, evidencing the right or little of the holder there or any other person, either to any shares scrip or stock in or of any incorporated company or other body corporate or to become proprietor of shares, scrip or stock in or any such company or body.
See also LETTER OF ALLOTMENT OF SHARES (No. 36).
20. CHARTERED PARTY, that is to say any instrument (except an agreement for the hire of a tugsteamer), whereby a vessel, or some specified principal part thereof is let for specified purposes of the charterer, whether it includes a penalty clause or not.
## The same duty as a Bond (No 15) for such amount.
Twenty four rupees
One rupee
Two rupees
The same duty as a
conveyance (No. 23), for a consideration equal to the amount of the purchase
money only.
One rupee
Five rupees.
-----
## Description of instrument
22. COMPOSITION-DEED, that is to say, any instrument executed by a debtor, whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend on their debt is secured to the creditors, or whereby provisions is made for the continuance of the debtor’s business under the supervisor of inspector or under letters of licence, for the benefit of his creditors.
23. CONVEYANCE (as defined by section 2 (10) not being a Transfer charged of exempted under No. 52-
Where it exceeds Rs. 50 and does not exceed Rs. 100;
Where it exceeds Rs. 100 and does not exceed Rs. 200;
Where it exceeds Rs. 200 and does not exceed Rs. 300;
Where it exceeds Rs. 300 and does not exceed Rs. 400;
Where it exceeds Rs. 400 and does not exceed Rs. 500;
Where it exceeds Rs. 500 and does not exceed Rs. 600;
Where it exceeds Rs. 600 and does not exceed Rs. 700;
Where it exceeds Rs. 700 and does not exceed Rs. 800;
Where it exceeds Rs. 800 and does not exceed Rs. 900;
Where it exceeds Rs. 900 and does not exceed Rs. 1,000;
For every Rs. 500 or part thereof in excess of Rs. 1,000
## Proper stamp duty
Forty eight rupees.
Two rupees.
Four rupees.
Seven rupees.
Ten rupees.
Thirteen rupees.
Eighteen rupees.
Twenty one rupees.
Twenty five rupees.
Twenty nine rupees.
Thirty two rupees.
Thirty six rupees.
Eighteen rupees.
## Where it exceeds Rs. 50,000 and does not exceed Forty-eight rupees for every
-----
## Rs. 90,000;
Where it exceeds Rs. 90,000 and does not exceed Rs. 1,50,000;
And where it exceeds Rs. 1,50,000;
## one thousand rupees.
Sixty-four rupees for every one thousand rupees.
Seventy-nine rupees for
every one thousand rupees.
## Provided that where the “instrument” or the conveyance is in respect of an Industrial
Loan certified as such by the Director of Industries, Meghalaya, the stamp duty shall be half of the above rate.
Exemptions
## Assignment of copyright under the Indian Copyright Act, 1957.
CO-PARTNERSHIP DEED. See partnership (No. 46)
24. COPY OR EXTRACT Certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees-
(i) If the original was not chargeable with duty,
or if the duty with which it was chargeable does not exceed one rupee;
(ii) If any other case not falling within the
provision of section 6A.
Exemptions
(a) Copy of any paper which a public officer is
expressly required by low to make or furnish for record in any public office or for any public purpose;
(b) Copy of, or extract from any register relating
to birth baptisms, naming, dedications, marriages, divorces, deaths or burials.
25. COUNTERPART OR DUPLICATE of any instrument, chargeable with duty and in respect of which the proper duty has been paid-
(a) If the duty with which the original instrument
is chargeable does not exceed two rupees;
(b) In any other case not falling within the
provisions of section 6A
## Act XIV of 1957
## Three rupees.
Five rupees.
The same duty as is payable on the original.
Five rupees.
-----
## Exemptions
Counterpart of any lease granted to a cultivator, when such lease is exempted from duty.
26. CUSTOM-BOND (a) Where the amount does not exceed Rs. 1,000;
(b) In other case ... ... ...
28. DELIVERY ORDER IN RESPECT OF GOODS that is to say, any instrument entitling any person therein named, or his assigns or the holder thereof to the delivery of any goods lying in any dock or port or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or behalf of the owner of such goods upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees.
DEPOSIT OF TITLE DEEDS See Agreement relating to Deposit of Title deeds, Pawn or Pledge (No. 6)
DISSOLUTION OF PARTNERSHIP See partnership (No. 46)
29. DIVORCE- Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.
## The same duty as bond (No. 15) for such amount
Thirty-two rupees.
One rupee
Sixteen rupees
## POWER- Instrument of, see settlement (No. 58) Sixteen rupees
DUPLICATE-See counterpart (No. 25)
## 31. EXCHANGE OF PROPERTY- Instrument of.
EXTRACT-see copy (No. 24)
32. FURTHER CHARGE- Instrument of, that is to say, any instrument imposing a further charge on mortgaged property
(a) When the original mortgaged is one of the
description referred to in clause (a) of article No. 40 (that is, with possession).
## The same duty as
conveyance (No. 23) for a consideration equal to the value of the property of greatest value as set forth in such instrument.
The same duty as
conveyance (No. 23) for a consideration equal to the
-----
## (b) When such mortgage is one of the description
referred to in clause (b) of Article No. 40 (that is without possession):-
(i) If at the time of execution of the instrument of
further charge possession of the property is given or agreed to be given under such instrument;
(ii) If possession is not so given.
33. GIFT- Instrument of not being a settlement (No. 58), or will or Transfer (No. 62)
HIRING AGREEMENT- Or agreement for service, see agreement (No. 5)
34. INDEMNITY BOND, INSPECTORSHIP DEED; see composition-Deed (No. 22).
35. LEASE-including and under lease or sub- lease and any agreement to let or sub-let:-
(a) Whereby such lease the rent is fixed and no
premium is paid or delivered:-
(i) Where the lease purports to be for a term of
less than one year;
(ii) Where the lease purports to be for a term of
not less than one year but not more than five year;
## amount of the further charge secured by such instrument.
The same duty as
conveyance (No. 23) for a consideration equal to the charge (including the original mortgage and any further charge a readymade), less than duty already paid on such original mortgage and further charge.
The same duty as a Bond (No. 15) for the amount of the further charge secured by such instrument.
The same duty as a
conveyance (No. 23) for a consideration equal to the value of property as set forth in such instrument.
The same duty as section Bond (No. 57) for same amount
The same duty Bond (No. 15) for the whole amount payable or deliverable under such lease.
The same duty as a Bond (No. 15) for the amount or value of the average annual rent reversed.
## (iii) Where the lease purports to be for a term The same duty as a
-----
## exceeding five years and not exceeding ten years;
(iv) Where the lease purports to be for a term exceeding ten years but not exceeding twenty years;
(v) Where the lease purports to be for a term
exceeding twenty years but not exceeding thirty years;
(vi) Where the lease purports to be for a term exceeding thirty years but not exceeding one hundred years;
(vii) Where the lease purports to be for a term
exceeding one hundred years or in perpetuity
(viii) Where the lease does not purport to be for
any definite term;
(b) Where the lease granted for a fine or premium
or for money advanced and where no rent is reserved.
## conveyance (No. 23) for a consideration equal to the amount or value of the average annual rent reversed.
The same duty as a
conveyance (No. 23) for a consideration equal to twice the amount or value of the average annual rent reversed.
The same duty as a
conveyance (No. 23) for a consideration equal to three times the amount or value of the average annual rent
reversed.
The same duty as a
conveyance (No. 23) for a consideration equal to four times the amount or value of the average annual rent
reversed.
The same duty as a
conveyance (No. 23) for a consideration equal in the case of a lease granted solely for agricultural purposes to one-tenth and in any other case to one-sixth of the whole amount of rent which would be paid or delivered in respect of the first fifty years of the lease.
The same duty as a
conveyance (No. 23) for a consideration equal to three times the amount or value of the average annual rent
reversed which would be paid or delivered for the first ten years if the lease
continued so long.
The same duty as a
conveyance (No. 23) for a consideration equal to the amount or value of such fine
-----
## (c) Where the lease granted for a fine or premium
or for money advanced in addition to rent is reserved.
Exemptions
Lease, executed in the case of cultivator and for the purpose of cultivation (including a lease of trees for the production of food or drinking), without payment or delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year, or when the average annual rent received does not exceed one hundred rupees. In this exemption a lease for the purpose of cultivation shall include a lease of land for cultivation together with a home stand or tank.
**Explanation-when a lease under take to pay any**
recurring charge, such as Government revenue,
landlord’s share of cesses, or the owner’s share of
municipal rate or taxes, which is by law recoverable
from the lessor, the amounts so agreed to be paid by
lessee shall be deemed to be part of the rent.
36. LETTER OF ALLOTMENT OF SHARE; in any
company or proposed company or in respect of any
loan to be raised by any company or proposed
company.
See also CERTIFICATE OR OTHER DOCUMENT
(No. 19).
## or premium or advance as set forth in the lease.
The same duty as a
conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium, or advance as set forth in the lease, in addition to the duty which would have been payable such lease, if no fine or premium or advance had been paid or delivered:
Provided that in any case when agreement to lease is stamped with the ad volarem stamp required for a lease, and a lease in pursuance of such agreement is
subsequently executed the duty on such lease shall not exceed one rupee and fifty five paise.
One rupee
## 38. LETTER OF LICENCE, that is to say any Thirty two rupees
-----
## agreement between a debtor and his creditors that the letter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion.
39. MEMORANDUM OF ASSOCIATION OF A COMPANY-
(a) If accompanied by articles of association under section 26 of the companies Act,
(b) If not so accompanied-
(i) Where the nominal share capital does not
exceed one lakh of rupees.
(ii) Where the nominal share capital exceeds one
lakh of rupees.
Exemptions
Memorandum of any association not formed for profit and registered under Section 25 of the Companies Act, 1950
40. MORTGAGE-DEED not being in Agreement relating to Deposit of Title Deeds, Pawn or pledge (No. 6) Bottomry Bond (No. 16), Mortgage of a Crop (No. 41). Respondentia Bond (No. 56), or Security Bond (No. 57)
(a) When possession of the property or any part
of the property comprised in such deed is given by the mortgagor or agreed to be given
(b) When possession of the property or any part
of the property comprised in such deed is not given by the mortgagor or agreed to be given.
Explanation- A mortgagor who gives to the mortgagee a power of attorney to collects rents or a lease of the property mortgaged or a part thereof is deemed to give possession within the meaning of the article.
(i) When a collateral or auxiliary or additional or
substituted security, or by way or further assurance for the above mentioned purpose where the principal or primary security is duly stamped for every sum secured not exceeding Rs. 1,000.
## Ninety five rupees Act 1 of
1956
Two hundred thirty eight.
Three hundred ninety-six
rupees.
Act 1 of
1956
The same duty a conveyance (No. 23), for a consideration equal to the amount secured by such deed.
The same duty a conveyance (No. 23), for a consideration equal to the amount secured by such deed.
Three rupees.
-----
## (ii) And for every Rs. 1,000 or part thereof secured
in excess of Rs. 1,000
Exemptions
(1) Instrument executed by persons taking
advances under the Land Improvement Loans Act, 1883 or the Agriculturist’s Loan Act, 1884, or by their sureties as security for the repayment of such advances.
(2) Letter of hypothecation accompanying a bill
of exchange.
(a) When the loan is repayable not more the three
months from the date of instrument-
For every sum secured not exceeding Rs. 200, and
For every Rs. 200 or part thereof secured in excess of Rs. 200
(b) When the loan is repayable more than three
months, but not more than eighteen months from the date of instrument-
## Three rupees
One rupee
One rupee
## Act XIX of 1883
Act XII of 1884
## For every sum secured not exceeding Rs. 100 and One rupee
For every Rs. 100 or part thereof secured in One rupee excess of Rs. 100
42. NOT ARIAL ACT, that is to say, any Five rupees. instrument, endorsement, note, attestation,
certificate or entry not being a protest (No. 15) made or signed by Notary Public in the execution of the duties of his office, or by and other person lawfully acting as a Notary Public
See also Protest of Bill or Note (No.15)
43. NOTE OR MEMORANDUM, sent by a Broker of Agent to his principal intimating the purchase or sale on account of such principal-
(a) Of any goods exceeding in value twenty One rupee rupees.
(b) Of any stock or marketable security exceeding One rupee for every Rs. in value twenty rupees. 5,000 or part thereof of the
value of stock or security subject to a maximum of forty rupees.
44. NOTE OF PROTEST BY THE MASTER OF Three rupees. A SHIP- See also protest by the Master of ship (No. 15)
Order for the payment of money- See Bill of
-----
## Exchange (No. 13) 45. PARTITION- Instrument of [as defined by section 2 (5)]
## The same duty as a Bond (No. 15) for the amount of the value of the separated shares or shares of property. N.B- The largest share
remaining after the property is partitioned or if there are two or more shares of equal value and not smaller than any of the other share than one of such equal (share) shall be deemed to be that from which the other shares are separated;
## Provided always that –
(a) When an instrument of
partition containing and
agreement to divide property in severally is executed and a partition is effected in
pursuance of such agreement the duly chargeable upon the instrument affecting such
partition shall be reduced by the amount of duty paid in respect of first instrument but shall not be less than three rupees.
(b) Where land is held on revenue
settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual revenue.
(c) Where a final order for effecting
a partition passed by any
Revenue authority or any Civil
Court or an award by an
arbitrator directing a partition is
stamped with the stamp required
for an instrument of partition and
an instrument of partition in
pursuance of such order or ward
is subsequently executed the
duty in such instrument shall not
exceed three rupees.
46. PARTNERSHIP
-----
A- Instrument of
(a) Where the capital of the partnership does not
exceed Rs. 1,000;
The same duty as a Bond (No. 15)
(b) In any other case. Sixty four rupees.
B – Dissolution of - Thirty two rupees.
PAWN OF PLEDGE – See
Agreement relating to deposit of Title deeds pawn
of pledge (No.6)
48. POWER OF ATTORNEY
(as defined by section 2 (21) not being a XV
## (i) When executed for the sole Three rupees Act XV of
purpose of procuring the registration of one 1882 or more documents in relation to a single transaction or for admitting execution of one or more such documents;
(ii) When required in suits or Three rupees
proceedings under the presidency small Cause Courts Act, 1882;
(iii) When authorising one person or Five rupees
more to act in a single transaction other than the case mentioned in clause (a);
(iv) When authorising not more than Twenty four rupees.
five persons to act jointly and severally in more than one transaction or generally;
(v) When authorising more than five Forty-eight rupees
persons but not more than ten persons to act jointly and severally in more than one transaction or generally;
(vi) When given for consideration The same duty as a Conveyance
and authorising the attorney to sell any (No. 23) for the amount of the immovable property; consideration.
(vii) In any other case. Four rupees for each authorised.
## Explanation - For the purpose of the Article more persons than one when belonging to the same firm shall be deemed to be one person
50. PROTEST OF BILL OR NOTE, that is to say, any declaration in writing made by a Notary public or other person lawfully acting as such is attesting the dishonour of a bill-of- exchange or promissory note.
## N. B- The term “Registration” includes every operation
incidental to registration under the Indian Registration Act
Five rupees
## Act XVI of 1908
## 51. PROTESTING BY THE MASTER OF A Five rupees
-----
## SHIP, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to adjustment of losses or the calculation or average and every declaration in writing made by him against the charters or consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary Public or other person lawfully action as such.
See also Not of protest by the Master of a ship (No. 44)
54. RECONVEYANCE OF MORTGAGED
PROPERLY-
(a) If the consideration for which the property The same duty as a Conveyance was mortgaged does not exceed Rs. 1,000 (No. 23) for the amount of the
consideration as set forth in the conveyance.
(b)in any other case Forty eight rupees.
55. RELEASE, that is to say, any instrument (not being such a release as is provided for by section 23- A), whereby a person renounce a claim upon another person or against any specified property-
(a) if the amount of value of the claim does not The same duty as a Bond (No. exceed Rs. 1,000 15) for the amount or value as
set forth in the release.
(b) in any other case Twenty four rupees.
## 56. RESPONDENTIA BOND, that is to say any instrument securing a loan on the cargo laden or, to be laden on Board a ship and making repayment contingent on the arrival of the cargo at the port of destination.
## The same duty as a Bond (No. 15) for the amount of the loan secured.
-----
## Description of instrument
REVOCATION OF ANY TRUST ON
SETTLEMENT- See settlement (No. 58), Trust (No. 64)
57. SECURITY BOND OR MORTGAGE DEED, executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof executed by a surety to secure the due performance of a contact-
(a) when the amount secured does not exceed Rs. 1,000
(b) in any other case
Exemptions
Bond or other instrument, when executed-
(a) By headmen nominated under rules framed
in accordance with the Bengal Irrigation Act, 1876, section 99, for due performance of their under that Act;
(b) By any person for the purpose of
guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital, or any other object of public utility’ specified sum per mensem.
(c) Under No.—3—A of the rules made by the
Government of Bombay in Council under section 70 of the Bombay Irrigation Act, 1879.
(d) Executed by persons taking advances under
the Land Improvement Loans Act, 1883, or the Agriculturist’s Loans Act, 1884, or by their sureties, as securities for the repayment of such advance;
(e) Executed by officers of Government of their
sureties to secure the due execution of an Officer or the due accounting for the money or other property received by virtue thereof;
58. SETTLEMENT- A- Instrument of (including a deed of power)
## Proper stamp duty
The same duty as a Bond (No. 15) for the amount secured.
Twenty four rupees.
Ben Act III of 1876
Bom Act
VIII of
1879
Act XIX of 1883
Act XII of 1884
The same duty as a Conveyance (No. 23) for sum equal to the amount or value of the property settled as set forth in such settlement;
-----
## Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement, and on instrument of settlement in pursuance of such agreement is subsequently
executed, the duty on such
instrument not shall exceed two rupees.
Exemptions
(a) Deed of power executed on occasion of a
marriage between Muhammadans.
(b) Hindus, that is to say, any settlement of
immovable property executed by a Budhist in Burma for a religious purpose in which no value has been specified and on which a duty of Rs. 10has been paid.
B-Revocations of - The same duty as a Conveyance (No. 23) for a sum equal to the amount or value of the property concerned, as set for in the instrument of revocation, but not exceeding forty rupees.
See also TRUST (No. 64)
## 59.—SHARE WARRANTS to bearer issued under the Companies Act, 1956.
Exemptions
Share warrant when issued by a Company in pursuance of the Companies Act, 1956, section 114, to have effect only upon payment, as composition for the duty, to the collector of Stamp revenue of-
(a) One-and-a-half per centum of the whole
subscribed capital of the company, or
(b) If any company which has paid the said duty
or composition in full, subsequently issues an addition to its subscribed capital one- and-a-half per centum of the additional capital so issued.
## One and a half time the duty payable on conveyance (No. 23) for a consideration equal to the nominal amount of the shares specified in the warrant.
## Act I of 1956.
Act I of 1956.
-----
## 60. SHIPPING ORDER for relating to the conveyance of goods on board of any vessel.
61. SURRENDER OF LEASE-
(a) When the duty with which the lease is chargeable, does not exceed seven rupees and fifty paise.
(b) in any other case
Exemptions
Surrender lease when such leases is exempted from duty.
63. TRANSFER OF LEASE By way of Assignment, and not by way of under lease.
Exemptions
Transfer of any lease exempt from duty 64.TRUST—
A- Declaration of or concerning, any property when made by any writing not being a will.
B—Revocation of or concerning, property when
made by any document other than a will.
See also settlement (No. 58)
Valuation- See Appraisement (No. 8)
65. Warrant for goods, that is to say, any instrument
evidencing the title of any person therein named, or
his assigns, or the holder thereof, to the property in
any goods lying in or upon any dock, warehouse or
wharf such instrument being signed or certified by
or on behalf of the person in whose custody such
goods may be.
## [Vide Meghalaya Act 11 of 1990, s. 2]
## One rupee.
The duty with which such leases chargeable.
Twenty four rupees
The same duty as a Conveyance (No. 23) for a consideration equal to the amount of the consideration for the transfer.
The same duty as Bond (No. 15) for a sum equal to the amount or value of the property concerned, as set forth in the instrument but not exceeding forty rupees.
The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding forty rupees.
Two rupees.
-----
## Amendment of Schedule I of Act 2 of 1899.— In Schedule I, to the Indian Stamp Act, 1899
for Article 1 to 10,12,15 to 20,22 to 26,28,29,31 to 36,38 to 46,48,50,54 to 61 and 63 to 65 the following shall be substituted, namely:
## “Description of instrument
“1 ACKNOWLEDGEMENT of a debt exceeding twenty rupees in amount or value, written or signed by or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a banker’s pass book) or on a separate piece of paper when such book or paper is left in the creditor’s possession : Provided that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property.
“2. ADMINISTRATION-BOND including a bond, given under section 6 of the Government Saving Bank Act, 1873, Act V of 1873 or section 291 or section 376 of the Indian Succession Act, 1925 (Act XXXIX of 1925)-
(a) Where the amount does not exceeds Rs.
1,000
## Proper stamp duty
Two rupees.
The same duty as a bond (No. 1) for such amount.
## (b) In any other case Thirty rupees.
## “3 ADOPTION-DEED, that is to say any instrument (other than a will) recording an adoption, or conferring or purporting to confer an authority to adopt.
“4 AFFIDAVIT, including and affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing.
Exemptions
Affidavit or declaration in writing when made –
(a) as a condition of enlistment under the Indian
Army Act, 1950 (Act XLVI of 1950).
(b) for immediate purpose of being filed or
used in any Court or before the officer of any Court; or
(c) for the sole purpose of enabling any person
## Sixty rupees
Seven rupees
-----
## to receive any pension or charitable allowance.
“5 AGREEMENT OR MEMORANDUM OF AN AGREEMENT-
(a) If relating to the sale of a bill of exchange; Two rupees
## (b) If relating to the sale of a Government security;
(c) If relating to the purchase or sale of shares, scrips, stocks bond, debentures, debenture stocks or any other marketable security of a like nature in or of any incorporate company of other body corporate-
(i) When such agreement or memorandum of an agreement is with or through a Member between members of a Stock Exchange recognised under the Securities Contracts (Regulation) Act, 1956; Act XIIL of 1956.
(ii) In other cases;
(d) If executed for service or for performance of work in any estate whether held by one person, or by more persons than one as co-owners, and whether is one or more blocks, and situated in Meghalaya where the advance given under such agreement does not exceed fifty rupees;
(d) If not, otherwise provided for.
Exemptions
“AGREEMENT OR MEMORANDUM OF AN AGREEMENT-
(a) For or relating to the sale of goods or merchandise exclusively, not being a note or memorandum chargeable under No. 43;
(b) Made in the form of tenders to the Government of India for or relating to any loan-
## Subject to a maximum of sixty four rupees for every Rs.10,000 or part thereof of the value of the security
Two rupees for every Rs. 2,500 or part thereof of the value of the security at the time of its purchase or sale, as the case may be.
Rupees two for every Rs. 2,500 or part thereof of the value of the security at the time of its purchase or sale, as the case may be.
Two rupees
Four rupees
-----
## “Description of instrument
AGREEMENT TO LEASE- Lease (No.35)
“6 AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE, that is to say, any instrument evidencing an agreement relating to-
(1) The deposit of title-deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security), or
(2) The pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan of an existing or future debt-
(a) If such loan or debt is repayable on demand or more than three months from the date of instrument evidencing the agreement-
(i) If the amount of loan does not exceed Rs. 500;
(ii) If it exceeds Rs. 500 and does not exceed Rs. 1,000;
(iii) And for every Rs. 1,000 or part thereof in excess of Rs. 1,000
(b) If such loans or debt is repayable not more than three months from the date of such instrument.
Exemptions
Instrument of pawn or pledge of goods if unattested.
“7. APPOINTMENT IN EXECUTION OF A POWER Whether of trustees or of property, movable or immovable, where made by any writing not being a will
(a) Where the value of the property does not exceed Rs. 1,000;
## Proper stamp duty
Five rupees
Ten rupees
Ten rupees
Half the duty payable under sub- clause (a)
Fifty rupees.
## (b) In any other case Eighty-nine rupees
-----
## “8. APPRAISEMENT OR VALUATION made otherwise than under an order of the court in the course of suit-
(a) Where the amount does not exceed Rs. 1,000
(b) In any other case
Exemptions
(a) APPRAISEMENT OR VALUATION made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law.
(b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent.
“9. APPRENTICESHIP-DEED, including every writing relating to the service or tuition of any apprentice clerk or servant placed with any master to learn any profession, trade or employment.
Exemptions
Instrument of apprenticeship executed by a Magistrate under the Apprenticeship Act, 1961 (Act LII of 1961) or by, which a person is apprentice by or at the charge of any public charity.
“10. ARTICLES OF ASSOCIATION OF A COMPANY- (a) Where the company has no share capital or
the nominal share capital does not exceed Rs. 2,500;
(b) Where the nominal share capital exceeds Rs.
2,500 but does not exceed Rs. 5,000.
(c) Where the nominal share capital exceeds
Rs. 5,000 but does not exceeds Rs. 1,00,000
(d) Where the nominal share capital exceeds Rs.
1,00,000
## The same duty as a board (No. 15) or such amount.
Thirty rupees
Thirty rupees.
Eighty seven rupees
Ninety-nine rupees
One hundred forty nine rupees
Two hundred ninety eight rupees
-----
## Exemptions
Articles of any association not formed for profit and registered under Section 25 of the Companies Act, 1956 (Act I of 1956). See also memorandum of Association of Company (No. 39).
Note
ASSIGNMENT-See conveyance (No.23).
Transfer (no. 62) and Transfer of lease (No. 63), as the case may be.
ATTORNEY-See Power-of-attorney (No. 48)
AUTHORITY TO ADOPT-See Adoption-deed (No. 3)
“12. AWARD, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit.
“15. BOND (as defined) by section 2 (5), not being a DEBENTURE (No. 27), and not being otherwise provided for by this Act, or by the Court fees Act, 1870 (Act VII of 1870).
Where the amount or value secured does not exceed Rs. 10.
Where it exceeds Rs. 10 and does not exceed Rs. 50.
Where it exceeds Rs. 50 and does not exceed Rs.100.
Where it exceeds Rs. 100 and does not exceed Rs. 200.
Where it exceeds Rs. 200 and does not exceed Rs. 300.
Where it exceeds Rs. 300 and does not exceed Rs. 400.
Where it exceeds Rs. 400 and does not exceed Rs. 500
Where it exceeds Rs. 500 and does not exceed Rs. 600
Where it exceeds Rs. 600 and does not exceed Rs. 700
Where it exceeds Rs. 700 and does not exceed Rs. 800
Where it exceeds Rs. 800 and does not exceed Rs. 900
## The same duty as a Bond (No. 15) for the amount or value of the property to which the award relates as set forth in such award subject to a maximum of Ninety nine rupees
Two rupees
Two rupees
Three rupees
Five rupees
Eight rupees
Ten rupees
Fourteen rupees
Eighteen rupees
Twenty two rupees
Twenty four rupees
Twenty seven rupees
-----
## Where it exceeds Rs. 900 and does not exceed Rs. 1000
and for every Rs. 500 or part thereof in excess of Rs. 1,000 See Administration Bond (No. 2), Bottomry Bond (No. 16) Customs Bond (No. 26), Indemnity Bond (No. 34), Respondential Bond (No. 56), Security Bond (No. 57)
Exemptions
Bonds when executed by-
(a) Headmen nominated under rules framed in
accordance with Bengal Irrigation Act, 1876, (Bengal Act, III of 1876) Section 99, for the due performance of their duties under that Act;
(b) Any person for the purposed of
guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility, shall not be less than a specified sum per mensem.
“16 BOTTOMRY BOND, that is to say, any instrument where by the master of a sea-going ship borrows money on the security of a ship to enable him to preserve the ship or prosecute her voyage.
“17 CANCELLATION, instrument of
(including any instrument by which any instrument previously execute is cancelled), if attested and not otherwise provided for.
See also RELEASE (No. 55) Revocation of Settlement (No. 58-B), Surrender of Lease (No.61), Revocation of Trust (No. 64-B)
“18 CERTIFICATION OF SALE (in respect of each property put up a separate lot and sold), granted to the purchase of any property sold by public auction by a Civil or Revenue Court, or Collector or other Revenue Officer-
(a) Where the purchase money does not exceed Rs. 10 (b) Where the purchase money exceed Rs. 10 but does not exceed Rs. 25;
## Thirty rupees
Seventeen rupees
The same duty as a Bond (No. 15) for such amount
Thirty rupees
Two rupees
Three rupees
-----
## (c) In any other case .....
“19.CERTIFICATE OR OTHER
DOCUMENT, evidencing the right or title of the holder thereof or any other person, either to any shares, scrip or stock in or of any Incorporated company or other body corporate or to become proprietor of shares, scrip or stock in or any such company or body.
See also LETTERS OF ALLOTMENT OF SHARES (No.36)
“20. CHARTERED PARTY that is to say any instrument (except an agreement for the hire of a tugsteamer), whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer, whether it includes a penalty clause or not.
“22. COMPOSITION-DEED, that is to say, any instrument executed by a debtor, whereby the conveys his property for the benefit of his creditors or whereby payment of a composition or divident on their debt is secured to the creditors, or whereby provision is made for the continuation of debtor’s business under the supervision of inspectors or under letters of license, for the benefit of his creditors.
“23 CONVEYANCE (as defined by section 2(10) not being a Transfer charged or exempted under No. 52-
Where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs.50;
Where it exceeds Rs. 50 but does not exceed Rs. 100;
Where it exceeds Rs. 100 but does not exceed Rs. 200
Where it exceeds Rs. 200 but does not exceed Rs.300
Where it exceeds Rs. 300 but does not exceed Rs.400
Where it exceeds Rs. 400 but does not exceed Rs.500
## The same duty as a conveyance (No. 23), for a consideration equal to the amount of the purchase money only.
Two rupees
Seven rupees
Sixty rupees
Three rupees
Five rupees
Nine rupees
Thirteen rupees
Seventeen rupees
Twenty three rupees
-----
## Where it exceeds Rs. 500 but does not exceed Twenty seven rupees Rs.600
Where it exceeds Rs. 600 but does not exceed Thirty two rupees Rs.700
Where it exceeds Rs. 700 but does not exceed Thirty seven rupees Rs.800
Where it exceeds Rs. 800 but does not exceed Forty rupees Rs.900
Where it exceeds Rs. 900 but does not exceed Forty five rupees Rs.1000
For every Rs.500 or part thereof in excess of Twenty three rupees Rs. 1,000;
Where it exceeds Rs. 50,000 but does not Sixty rupees for every one exceed Rs.90,000 thousand rupees
Where it exceeds Rs. 90,000 but does not Eighty rupees for every one exceed Rs.1,50,000 thousand rupees
And where it exceeds Rs. 1,50,000; Ninety-nine rupees for every one thousand rupees
Provided that where the “instrument” or the conveyance is in respect of an industrial Loan certified as such by the Director of Industries Meghalaya the Stamp duty shall be half of the above rate.
Exemptions
Assignment of copyright under the Indian Copyright Act, 1957. (Act XIV of 1957)
CO-PARTNERSHIP DEED see Partnership (No. 46)
“24. COPY OR EXTRACT
Certified to be a true copy or extract or by order of any public officer and not chargeable under the law for the time being in force relating to court fees-
## (i) If the original was not chargeable with
duty, or if the duty with which it was chargeable does not exceed one rupee;
(ii) If any other case not falling within the
provision of section 6A
Exemptions
(a) Copy of any paper which a public officer is
expressly required by law to make or furnish for record in any public office or for any public purpose;
(b) Copy of, or extract from any register
## Four rupees
Seven rupees
-----
## relating to births, baptisms, naming,
dedications marriages, divorce, deaths or burials.
25. COUNTERPART OR DUPLICATE of any instrument, chargeable with duty and in respect of which the proper duty has been paid-
(a) If the duty with which the original
instrument is chargeable does not exceed two rupees;
(b) In any other case not falling within the
provisions of section 6A.
Counterpart of any lease granted to a cultivator when such lease is exempted from duty.
26. CUSTOM-BOND-
(a) Where the amount does not exceed Rs.1,000
(b) In any other case
28. DELIVERY ORDER IN RESPECT OF GOODS that is to say, any instrument entitling any person therein named, or his assigns or the holder thereof, to the delivery of any goods lying in any dock or port or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or behalf of the owner of such goods upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees.
DEPOSIT OF TITLE DEEDS See agreement relating to Deposit of Title deeds, pawn or Pledge (No. 6).
DISSOLUTION OF PARTNERSHIP See partnership (No. 46)
“9. DIVORCE-Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.
DOWER-Instrument of, see settlement (No. 58)
## The same amount as bond (No. 15) for such amount.
Forty rupees
Two rupees
Twenty rupees
-----
## DUPLICATE-see counterpart (No. 25)
“31. EXCHANGE OF PROPERTY-Instrument of.
EXTRACT-See copy (No. 24)
“FURTHER CHARGE-INSTRUMENT of,
that is to say, any instrument imposing a further charge on mortgaged property-
(a) When the original mortgage is one of the description referred to in clause (a) of Article No.40 (that is, with possession).
(b) When such mortgage is one of the description referred to in clause (b) of Article No. 40 (that is, without possession):-
(i) If at the time of execution of the instrument
of further charge possession of the property is given or agreed to be given under such instrument
(ii) If possession is not so given
“33. GIFT-Instrument of not being a settlement (No. 58), or will or Transfer (No. 62)
HIRING AGREEMENT- Or agreement for service, see agreement (No.5)
“34. INDEMNITY BOND.
INSPECTORSHIP DEED; see composition- Deed No. 22
## The same duty as conveyance (No.23) for a consideration equal to the value of the property of greatest value as set forth in such instrument.
The same duty as a conveyance (No.23) for a consideration equal to the amount of the further charge secured by such
instrument.
The same duty as a conveyance (No.23) for a consideration equal to the total amount of the total amount of the charge (including the original mortgage and any further charge already made), less the duty already paid on such original mortgage and further charge.
The same duty as a Bond (No.15) for the amount of the further charge secured by such
instrument.
The same duty as a conveyance (No.23) for a consideration equal to the value of the property as set forth in such instrument.
The same duty as a security Bond (No. 57) for the same amount.
-----
“35. LEASE-including and under lease or sub-lease
and any agreement to let or sub-let:
(a)Whereby such lease the rent is fixed and no
premium is paid or delivered:
(i) Where the lease purports to be for a term of less
than one year;
(ii) Where the lease purports to be for a term of not
less than one year but not more than five years;
(iii) Where the lease purports to be for a term
exceeding five years and not exceeding ten years;
(iv) Where the lease purports to be for a term
exceeding ten years and not exceeding twenty
years;
(v) Where the lease purports to be for a term
exceeding twenty years and not exceeding thirty
years;
(vi) Where the lease purports to be for a term
exceeding thirty years and not exceeding one
hundred years;
(vii) Where the lease purports to be for a term
exceeding one hundred years or in perpetuity;
(viii) Where the lease does not purport to be for any
definite term;
## The same duty as a Bond (No. 15) for the whole amount payable or deliverable under such lease.
The same duty as a Bond (No.15) for the amount or value of the average annual rent reserved.
The same duty as a conveyance (No.23) for a consideration equal to the amount or value of the average annual rent reserved
The same duty as a conveyance (No.23) for a consideration equal to twice the amount or value of the average annual rent reserved.
The same duty as a conveyance (No.23) for a consideration equal to three times the amount or value of the average annual rent reserved.
The same duty as a conveyance
(No.23) for a consideration equal to
four times the amount or value of the
average annual rent reserved.
The same duty as a conveyance
(No.23) for a consideration equal in
the case of a lease granted solely for
agricultural purpose to one-tenth and
in any other case to one sixth of the
whole amount of rents which would
be paid or delivered in respect of the
first fifty years of the lease.
The same duty as a conveyance
(No.23) for a consideration equal to
three times the amount or value of
the average annual rent which would
be paid or delivered for the first ten
years if the lease continued so long.
-----
(b)Where the lease is granted for a fine or premium,
or for money advanced and where no rent is
reserved;
(c) Where the lease is granted for a fine or
premium, or for money advanced in additions to
rent reserved;
**Exemption**
Lease, executed in the case of cultivator and for the
purpose of cultivation (including a lease of trees for
the production of food or drinking), without
payment or delivery of any fine or premium when a
definite term is expressed and such term does not
exceed one year, or when the average annual rent
received does not exceed one hundred rupees.
In this exemption a lease for the purpose of
cultivation shall include a lease of lands for
cultivation together with a home stand or tank.
Explanation:- When a lease under takes to pay any
recurring charge, such as Government revenue,
land lord’s share of cesses, or the owner’s share of
Municipal rates or taxes, which is by law
recoverable from the lessor, the amounts so agreed
to be paid by the lesse shall be deemed to be part of
the rent .
“36. LETTER OF ALLOTMENT OF SHARES; in
any company or proposed company or in respect of
any loan to be raised by any company or proposed
company.
See also CERTIFICATE OR OTHER
DOCUMENT (No.19).
“38.LETTER OF LICENSE, that is to say any
agreement between a debtor and his creditors that
the letter shall, for a specified time suspend their
claims and allow the debtor to carry on business at
his own discretion.
The same duty as a conveyance
(No.23) for a consideration equal to
the amount or value of such line
premium or advance as set forth in
the lease.
The same duty as a conveyance
(No.23) for a consideration equal to
the amount or value of such line
premium or advance as set forth in
the lease in addition to the duty
which would have been payable such
lease, if no fine or premium or
advance had been paid or delivered:
Provided that, in any case when
an agreement to lease is stamped
with the advolorem stamp required
for a lease, and a lease in pursuance
of such agreement is subsequent
executed the duty on such lease shall
not exceed one rupee and fifty five
paise.
Two rupees
Forty rupees
-----
“39.MEMORANDUM OF ASSOCIATION OF A
COMPANY
(a) If accompanied by articles of association under
section 26 of the Companies Act, 1956
(b) If not so accompanied
(i) Where the normal share capital does not exceed
one lakh of rupees
(ii) Where the nominal share capital exceeds one
lakh of rupees
**Exemption**
Memorandum of any association not formed for
profit and registered under Section 25 of the
Companies Act, 1956
“40. MORTGAGE-DEED not being an Agreement
relating to Deposit of Title Deeds, Pawn or pledge
(No. 6) Bottomry Bond (No.16), Mortgage of a
Crop (No.41), Respondentia Bond (No.56) of
Security Bond (No.57).
(a) When possession of the property or any part of
the property comprise in such deed is given by
the mortgagor or agreed to be given;
(b) When possession of the property or any part of
the property comprise in such deed is not given
by the mortgagor nor agreed to be given;
Explanation-A mortgagor who gives to the
mortgagee a power of attorney to collect rents or a
lease of the property mortgaged or a part thereof is
deemed to give possession within the meaning of
this article.
(c) (i)When a collateral or auxiliary or additional or
substituted security, or by way of further assurance
for the above mentioned purpose where the
principal or primary security is duly stamped for
every sum secured not exceeding Rs.1,000
(ii) And for every Rs.1,000 or part thereof
secured in excess of Rs. 1,000
One hundred nineteen rupees (Act I
of 1956)
Two hundred ninety eight rupees.
Four hundred ninety five rupees.
(Act. I of 1956)
The same duty as a conveyance
(No.23) for a consideration equal to
the amounts secured by such deed.
The same duty as a Bond (No.15) for
the amount secured by such deed
Four rupees
Four rupees
-----
**Exemption**
(1) Instrument executed by persons taking advance
under the Land Improvement Loans Act. 1883, or
the Agriculturist’s Loan Act, 1884.) or by their
sureties as security for the repayment of such
advance.
(2) Letter of the hypothecation accompanying a bill
of exchange.
“41. MORTGAGE OF CROP, in including any
instrument evidencing an agreement to secure the
repayment of a loan made upon any mortgage of a
crop, whether the crop is or is not in existence at
the time of the mortgage
(a) When the loan is repayable not more than three
months from the date of the instrument.
For every sum secured not exceeding Rs.200 and
For every Rs.200 of part thereof secured in excess
of Rs.200
(b) When the loan is repayable more than three
months, but not more than eighteen months from
the date of instrument
**Exemption**
“42.NOTARIAL ACT, that is to say any
instrument, endorsement, note, attestation,
certificate or entry not being a protest (No.50) made
or signed by a Notary Public in the execution of the
duties of his office, or by the other person lawfully
acting as a Notary Public.
See also protest of Bill or Note (No.50).
“43. NOTE OR MEMORANDUM, sent by a
Broker or Agent to his principal intimating the
purchase or sale on account of such principal
(a) Of any goods exceeding in value twenty rupees;
(b) Of any stock or marketable security exceeding
in value twenty rupees.
“44. NOTE OF PROTEST BY THE MASTER OF
A SHIP- See also protests by the master of ship
(No.51).
(Act XIX of 1883)
Two rupees
Two rupees
Seven rupees
Two hundred ninety eight rupees.
Two rupees
Two rupees for every Rs.5,000 or
part thereof of the value of the stock
or security subject to a maximum of
forty rupees
-----
Order for the payment of moneySee Bill Exchange (No.13).
“45. PARTITION- Instrument of [as defined by
section 2 (15)]
46. PARTNERSHIP
A-Instrument of
(a) Where the capital of the partnership does not
exceed Rs.1,000
(b) In any other case
The same duty as a Bond (No.15) for
the amount of the value of the
separated shares or shares of the
property.
**N.B- The largest share remaining**
after the property is partitioned or if
there are two or more shares of equal
value and not smaller than any of the
other share than one of such equal
(share) shall be deemed to be that
from which the other shares are
separated.
Provided always that(a) When an instrument of partition
containing an agreement to divide
property in severally is executed and
a partition is affected in pursuance of
such agreement the duty chargeable
upon the instrument affecting such
partitions shall be reduced by the
amount of duty paid in respect of
first instrument but shall not be less
than four rupees.
(b) Where land is held on revenue
settlement for a period not exceeding
thirty years and paying the full
assessment the value for the purpose
of duty shall be calculated at not
more than five times the annual
revenue.
(c) Where a final order for affecting a
partition passed by any Revenue
authority or any Civil Court or an
award by an arbitrator directing a
partition, is stamped with the stamp
required for an instrument of
partition and an instrument of
partition in pursuance of such order
or award is subsequently executed
duty in such instrument shall not
exceed four rupees.
The same duty as a Bond (No. 15)
Eighty rupees
-----
B.-Dissolution of
Pawn or pledge-See Agreement relating to Deposit
of Title-deeds pawn or pledge (No.6)
“48. POWER OF ATTORNEY
(as defined by section 2(21) not being a proxy
(a) When executed for the sole purpose of
procuring the registration of one or more
documents in relation to a single transaction or for
admitting execution of one or more such
documents;
## (b) When required in suits or proceedings under the presidency small Cause Courts Act, 1882.
(c) When authorising one person or more to act in a single transaction other than the case mentioned in clause (a);
(d) When authorising not more than five persons to act jointly and severally in more than one transaction or generally;
(e) When authorising more than five persons but not more than ten persons to act jointly and severally in more than one transaction or generally;
(f) When given for consideration and
authorising the attorney to sell any immovable property;
(g) In any other case
**Explanation-for the purpose of these Article More**
persons than one when belonging to the same firm
shall be deemed to be one person.
N.B.-the term “Registration” includes every
operation incidental to registration under the Indian
Registration Act, 1908 (ACT XVI of 1908).
“50. PROTEST OF BILL OR NOTE, that is to say,
any declaration in writing made by a Notary public
or other person lawfully acting as such, attesting
the dishonour of a bill-of-exchange or promissory
note.
“51. PROTEST BY THE MASTER OF A SHIP,
that is to say, any declaration of the particular of
her voyage drawn up by him with a view to
adjustment of losses or the calculation of averages
and every declaration in writing made by him
against the charters or consignees for not loading or
unloading the ship, when such declaration is
attested or certified by a Notary Public or other
Forty rupees
Four rupees
## Four rupees ACT XV of 1882
Seven rupees
Thirty rupees
Sixty rupees.
The same duty as a Conveyance (No.23) for the amount of the consideration
Five rupees for each person
authorised
Seven rupees.
Seven rupees
-----
person lawfully acting as such.
## “54. RECONVEYANCE OF MORTGAGED PROPERTY-
(a) If the consideration for which the property was
mortgaged does not exceed Rs.1,000
The same duty as conveyances (No.
23) for the amount of such
consideration as set forth in the
conveyance.
(b) In any other case Sixty rupees
“55.RELEASE, that is to say, any instrument (not
being such a release as is provided for by section
23-A),where by a person renounces a claim upon
another person or against specified property
(a) If the amount of value of the claim does not
exceed Rs.1,000;
(b) In any other case
“56. RESPONDENTIA BOND, that is to say, any
instrument securing a loan on the cargo laden or to
be laden on board a ship and making repayment
contingent on the arrival of the cargo at the port of
destination.
REVOCATION OF ANY TRUST OR
SETTLEMENTSee settlement (No.58), Trust (No.64)
“57. SECURITY BOND OR MORTGAGE DEED,
executed by way of security for the due execution
of an office, or to account for money or other
property received by virtue thereof or executed by a
secure the due performance of a contract
(a) When the amount secured does not exceed
Rs.1,000
(b) In any other case.
**Exemption**
Bond or other instrument, when executed(a) By headman nominated under rules framed in
accordance with the Bengal Irrigation Act,
1876, (Ben. Act III of 1876) section 99, for due
performance of their duties under that Act;
(b) By any person for the purpose of guaranteeing
that the local income derived from private
subscription to a charitable dispensary or
The same duty as a Bond (No.15) for
such or value as set forth in the
release.
Thirty rupees
The same duty as a Bond (No.15),
for the amount of the loan secured.
The same duty as a Bond (No.15) for
the amount secured.
Thirty rupees
-----
hospital, or any other object of public utility,
specified sum per mensem.
(c) Under No.-3-A of the rules made by the
Government of Bombay in Council under
section 70 of the Bombay Irrigation Act, 1879;
(Bom. Act VII of 1879)
(d) Executed by persons taking advances under the
Land Improvement Loans Act, 1883, (Act XIX
of 1883) or the Agriculturist’s Loans Act, 1884,
(Act XII of 1884) or by their sureties, as
sureties, as securities for the repayment of such
advance;
(e) Executed by officers of Government or their
sureties to secure the due execution of an
Office or the due accounting for money or other
property received by virtue thereof;
“58 SETTLEMENTA-Instrument of (including a deed of power)
**Exemption**
(a) Deed of power executed on the occasion of a
marriage between Muhammadans.
(b) Hindus, that is to say, any settlement of
immovable property executed by a Buddhist in
Burma for a religious purpose in which no
value has been specified and on which a duty of
Rs.10 has been paid.
B-revocation of
See also TRUST (No.64)
“59-SHARE WARRANTS to bearer issued under
the Company Act, 1956, (Act I of 1956)
The same duty as a conveyance
(No.23) for a sum equal to the
amount or value of the property
settled as set forth in such settlement;
Provided that, where an agreement to
settle is stamped with the stamp
required for an instrument of
settlement, and on instrument of
settlement in pursuance of such
agreement is subsequently executed,
the duty on such instrument shall not
exceed three rupees.
The same duty as a conveyance
(No.23) for a sum equal to the
amount or value of the property
concerned, as set for in the
instrument of revocation, but not
exceeding forty rupees.
One-and-a-half time the duty payable
on conveyance (No.23) for a
consideration equal to the nominal
amount of the shares specified in the
warrant.
-----
**Exemptions**
Share warrant when issued by a Company in
pursuance of the Companies Act, 1956, (Act I of
1956.) section 114, to have effect only upon
payment, as composition for duty, to the collector
of stamp revenue of—
(a) One-and-a-half per centum of the Whole
subscribed capital of the company, or
**(b)** If any of the company which has paid the said
duty or composition in full, subsequently issues
an addition to its subscribed capital one-and-ahalf per centum of the additional capital so
issued.
“60-SHIPPING ORDER for or relating to the
conveyance of goods on board of any vessel.
“61-SURRENDER OF LEASE
(a) When the duty with which the lease is
chargeable, does not exceed seven rupees
and fifty paise.
(b) In any other case
## Exemptions
Surrender of lease, when such lease is exempted
from duty.
“63-TRANSFER OF LEASE By way of
Assignment, and not by way of under lease.
**Exemptions**
Transfer of any lease exempt from duty.
“64.TRUSTA-declaration of or concerning, any property when
made by any writing not being a will.
B-Revocation of or concerning property when
made by any document other than a will.
See also Settlement (No.58) Valuation-See
Appraisement (No.8)
“65. Warrant for goods, that is to say, any
instrument evidencing the title of any person
therein named, or his assigns, or the holder thereof,
to the property in any goods lying in or upon any
dock, warehouse or wharf, such instrument being
Two rupees
The duty with which such lease is
chargeable.
Thirty rupees.
The same duty as a conveyance
(No.23) for a consideration equal to
the amount of the consideration for
the transfer.
The same duty as a Bond (No.15) for
a sum equal to the amount or value of
the property concerned, as set forth in
the instrument but not exceeding fifty
rupees.
The same duty as a Bond (No.15) for
a sum equal to the amount or value of
the property concerned, as set forth in
the instrument but not exceeding fifty
rupees.
Three rupees
-----
signed or certified by or on behalf of the person in
whose custody such goods may be.
[Vide Meghalaya Act 5 of 1993, s. 2]
## Amendment of Schedule – I.—In Articles 35 to schedule 1 of the Indian Stamp Act, 1899,
(as amended by Meghalaya) after entry No. (c), new entry (d) shall be inserted as follows,
Description of Instrument Proper stamp duty
“d. Where lease is granted for mining of minerals:
(i) Where the lease is granted for One rupee for every hundred rupees of the total
more than one year and not amount of the average annual royalty payable exceeding ten years calculated on the highest annual extraction of minerals
as per approved mining plan.
(ii) Where the lease is granted for Two rupees for every hundred rupees of the total
more than ten years and not amount of the average annual royalty calculated on the
exceeding twenty years highest annual extraction of minerals as per approved mining plan.
## (iii)Where the lease is granted for more
than twenty years and not
exceeding thirty years
(iv)Where the lease is granted for more
than thirty years and not exceeding fifty years.
[Vide Meghalaya Act 6 of 2020, s. 2]
**Arunachal Pradesh**
## Three rupees of every hundred rupees of the total amount of the average annual royalty payable calculated on the highest annual extraction of minerals as per approved mining plan.
Four rupees for every hundred rupees of the total amount of the average annual royalty payable calculated on the highest annual extraction of minerals as per approved mining plan."
**Amendment of Schedule-1 of Act No. 2 of 1899.—In the Indian Stamp Act, 1899 in Schedule-I (except**
for Item Nos. 13,14, 27, 37, 37, 47,49, 52, 53, 56, 62) for Item Nos 1,2,3,4,5,6,7,8,9,10, 11, 12,15, 16,
17,18, 19, 20, 22, 23, 24,25,26, 28, 29,30,31,33,34,35,36,38,39,40,41,42,43,44,
45,46,48,50,51,54,55,57,58, 59,60, 61,63, 64 and 65, the following shall be substituted, namely:-
Item No. Description of Instrument Proper Stamp-Duty
1 2
1. ACKNOWLEGDMENT of a debt exceeding twenty Rs. 20.oo
rupees in amount or value, written or signed by, or on
behalf of, a debtor in order to supply evidence of such
debt in any book (other than a banker’s Pass-Book) or
on a separate piece of paper when such book or paper is
left in the creditor’s possession;
Provided that such acknowledgement does not contain
-----
any promise to pay the debt or any stipulation to pay
interest or to deliver any goods or other property.
2. ADMINISTRATION-BOND including a bond given
under section 256 of Indian Succession Act, 1865 (10 of
1865), section 6 of the Government Saving bank Act, (5
of 1873), section 78 of the Probate and administration
Act, 1881 (5 of 1881), or section 9 of section 10 of the
Succession Certificate Act, 1889 (7 of 1889).
3. ADOPTION-DEED, that is to say, any instrument
(other than a will) recording an adoption or conferring
or purporting to confer an authority to adopt,
ADVOCATE, see Entry as an Advocate (No. 30)
4. AFFIDAVIT including an affirmation or declaration in
the case of person by law allowed to affirm or declare
instead of swearing.
Exemptions
Affidavit or declaration in writing when made
(a) as a condition of enrolment under the Indian Army
Act, 1911 (8 of 1911) or the Indian Air Force Act, 1932
(14 of 1932);
(b) for the immediate purpose of being filed or used in
any Court; or before he officer or any court; or
(c) for the sole purpose of enabling any person to
receive any pension or charitable allowance.
5. AGREEMENT OR MEMORANDUM OF
AGREEMENT
Rs. 50.00 in all cases.
Rs. 100.00
Rs. 10.00
(a) if relating to the sale of a bill of exchange; Rs. 5.00
(b) If relating to purchase or sale of shares, scripts,
stocks, bonds, debentures, debenture stocks or any other
marketable security of a like nature in or any
incorporated company or other body corporate
Three rupees for every Rs.5,000
(i) When such agreement or memorandum of an
or part thereof of the value of the
agreement is with or through a member or between
security at the time of, its
members of a stock exchange Recognized under the
purchase or sale as the case may
Securities Contracts (Regulation) Act, 1956.
be.
Five rupees for every Rs. 5,000
(ii) in other cases
or part thereof of the value of
the security at the time of its
purchase or sale as the case may
be.
(d) If executed for service or for performance of work in
Rs.5.00
any estate whether held by one person or by more
persons than one as co-owner and whether in one or
more blocks and situated in Arunachal Pradesh where
the advance given under such agreement does not exceed
one thousand rupees.
(e) If not, otherwise provided for Rs.10.00
**Exemptions**
Agreement or memorandum of agreement—
-----
(a) for or relating to the sale of goods or merchandise
exclusively not being a NOTE OR MEMORANDUM
chargeable under No. 43
(b) made in the form of tenders to the Central
Government for or relating to any loan ; Agreement to
Lease : See Lease (No. 35)
6. AGREEMENT BELATING TO DEPOSIT OF TITLEDEEDS, PAWN OR PLEDGE, that is to say, any
instrument evidencing an agreement relating to
(1) the deposit of title-deeds or instruments constituting
of being evidence of the tile to any property whatever
(other than a marketable security); or
(2) the pawn or pledge of movable property; where such
deposit, pawn or pledge has been made by way of
security for the repayment of money advanced or to be
advanced by way of loan or an existing or future debt,
(a) if such loan or debt is repayable on demand or more
than three months from the date of the instrument
evidencing the agreement.
(i) if the amount of the loan does not exceed Bs.
500
(ii) if it exceeds Rs. 500 and does not exceed Rs.
1000 and
(iii) for every Rs. 1000 or part thereof in excess
of Rs. 1000
(b) if such loan or debt is repayable not more than three
months from the date of such instrument.
7. APPOINTMENT IN EXECUTION OF A POWER,
whether of trustees or of property, movable or
immovable, where made by any writing not being a
will.
(a) where the value of the property does not exceed Rs.
1,000.
Rs. 50.00
Rs. 50.00
Rs. 10.00
Half the duty payable under subclause (a)
Rs.41.25
(b) In any other case
Rs.74.25
8. APPRAISEMENT OR VALUATION made otherwise
than under an order of the Court in the course of a suit,
(a) where the amount does not exceed Rs.1,000. The same duty as bond (15) for
such amount.
(b) in any other case
Rs.50.00 in all cases.
**Exemptions**
(a) Appraisement or valuation made for the information
of one party only, and not being in any manner
obligatory between parties either by agreement or
operation of law.
(b) Appraisement of crops for the purpose of
ascertaining the
amount to be given to a landlord as rent.
9. APPRENTICESHIP-DEED, including every writing Rs.50.00
relating to the service or tuition of any apprentice, clerk
or servant, placed with any master to learn any
profession, trade or employment not being Articles of
Clerkship (No. 11).
-----
**Exemption- Instruments of apprenticeship executed by**
a Magistrate under the Apprentices Act, 1 961 (52 of 1
961) I or by which a person is apprenticed by or at the
charge of any public-charity.
10. ARTICLE OF ASSOCIATION OF A COMPANY.
(a) where the company has no share capital or the Rs. 100.00
nominal share capital does not exceed Rs. 2,500;
(b) where the nominal share capital exceeds Rs. 2,500 Rs.150.00
but does not exceed Bs. 5,000;
(c) where the nominal share capital exceeds Rs. 5,000 Rs.300.00
but does not exceed Rs. 1,00,000;
(d) where the nominal share capital exceeds Rs. Rs.500.00
1,00,000.
**Exemptions- Articles of any Association not formed**
for profit and registered under section 25 of the
Companies Act, 1956.
See also Memorandum of Association of a Company
(No. 39).
11. ARTICLE OF CLERKSHIP or contract whereby any
Rs. 100.00
person first becomes bound to serve as a clerk in order
to his admission as an attorney in any High Court.
12. AWARD, that is to say, any decision in writing by an
arbitrator or umpire not being an award directing a
partition, on a reference made otherwise than by an
order of the Court in the course of a suit
(a) where the amount or value of the property to which The same duty as a Bond
the award relates as set forth in such award does not
(No.15) for such amount.
exceed Rs. 1,000.
(b) in any other case
Rs. 5.00
13. BILL OF EXCHANGE [as defined by section 2(2) not
being a BOND, bank-note or currency note[(b) where
payable otherwise than on demand
(i) Where payable not more than three months after date
or sight
(a) if the amount of the bill or note does not exceed Rs. 30 paise
500;
(b) it exceeds Rs. 500 but does not exceed Rs. 1,000; 60 paise
(c) and for every additional Rs. 1,000 or part thereof in 60 paise
excess of Rs. 1,000;
(ii) where payable more than three months but not more Rs. 100.00
than six months after date or sight
(a) if the amount of the bill or note does not exceed Rs. 60 paise
500;
(b) if it exceeds Rs. 500 but does not exceed Rs. 1,000; Re 1 and 20 paise
(c) and for every additional Rs. 1,000 or part thereof in Re 1 and 20 paise
exceeds of Rs. 1,000:
(iii) where payable more than six months but not more 90 paise
than nine months after date of sight
(a) if the amount of the bill or note does not exceed Rs. Re 1 and 80 paise
500;
(b) if it exceeds Rs. 500 but does exceed Rs. 1,000;
Re 1 and 80 paise
(c) and for every additional Rs. 1,000 or part thereof in
-----
exceeds of Rs. 1,000;
(iv) where payable more than nine months but not more
than one year after date or sight
(a) if the amount of the bill or note does not exceed Rs.
Re 1 and 25 paise
500;
(b) if it exceeds Rs. 500 but does not exceed Rs. 1,000
Re 2 and 50 paise
(c) and for every additional Rs. 1,000 or part thereof in
Re 2 and 50 paise
exceeds of Rs. 1,000;
(v) where payable at more than one year after date or
sight
(a) if the amount of the bill or note does not exceed Re 2 and 50 paise
Rs.500; Rs. 5
Rs. 5
(b) if it exceed Rs. 500 but does not exceed Rs. 1,000; Re 1
(c) and for every additional Rs. 1,000 or part thereof in
excess of Rs. 1,000
14. BILL OF LADING {including a through bill of lading)
Re 1
Exemptions
{a} Bill of lading when the goods therein described are N.B.-If a bill of lading drawn in
received at a place within the limits of any port as parts, the proper stamp
defined under the Indian Ports Act, 1889 {10 of 1889}, therefore must be borne by
and are to be delivered at another place within the limits each one of the set.
of the same port.
15. BOND {as defined by section 2(5) not being a
Debenture (No-27) and not being otherwise provided
for by this Act, or by the Court Fees Act, 1870 (7 of
1870).
{i} where the amount or value secured does not exceed Rs.2.00
Rs. 10
{ii} Where it exceeds Rs. 10 and does not exceed Rs. 50 Rs.2.00
{iii} Where it exceeds Rs. 50 and does not exceed Rs.
100
{iv) Where it exceeds Rs. 100 and does not exceeds
Rs.20
{v) Where it exceeds Rs. 200 and does not exceeds
Rs.300
(vi) Where it exceeds Rs. 300 and does not exceeds Rs.
400
{vii) Where it exceeds Rs. 400 and does not exceeds Rs.
500
{viii) Where it exceeds Rs.500 and does not exceeds Rs.
600
**{ix)** Where it exceeds Rs. 600 and does not exceeds
8s.700
{x) Where it exceeds Rs.700 and does not exceeds Bs.
800
{xi} Where it exceeds Rs. 800 and does not exceeds Bs.
900
{xii} Where it exceeds Rs. 900 and does not exceeds
Rs. 1000
{xiii} and for every Rs. 500 or part thereof in excess of
Rs. 1000
Rs.3.00
Rs.5.00
Rs.8.00
Rs. 10.00
Rs. 14.00
Rs. 18.00
Rs.22.00
Rs.24.00
Rs.27.00
Rs.30.00
Rs.7.00
-----
See Administration-Bond {No. 2} Bottomry Bond {No.
16}, Customs Bond (No. 26), Indemnity Bond (No. 34},
Respondentia Bond (No. 56} Security Bond (No. 57)
**Exemptions - Bond, when executed by-**
{a) headmen nominated under rules framed in
accordance with the Bengal Irrigation Act, 1876,
Section 99 for the due performance of their duties under
that Act].
(b) any person for the purpose of guaranteeing that the
local income, derived from private subscriptions to a
charitable dispensary or hospital or any other object of
public utility shall not be less than a specified sum per
mensem.
16. BOTIOMRY BOND, that is to say, any instrument The same duty as a Bond (No. 1
whereby the master of a sea-going ship borrows money 5) for the same amount;
on the security of the ship to enable him to preserve the
ship or prosecute her voyage.
17. CANCELLATION - Instrument of {including any Rs.50.00
instrument by which any instrument previously
executed is cancelled}, if attested and not otherwise
provided for.
See also Release {No. 55}, Revocation of Settlement
{No. 58-B}, Surrender of Lease (No. 61}, Revocation
of Trust (No. 64-B).
18. CERTIFICATE OF SALE (in respect of each property
put up as a separate lot and sold) granted to the
purchaser of any property sold by public auction by a
Civil or Revenue Court, or Collector of other Revenue
Officer
(a) where the purchase-money does not exceed Rs. 10; Rs.2.00
{b) Where the purchase money exceeds Rs. 10 but does
not exceed Rs. 25;
{c) in any other case.
19. CERTIFICATE OR OTHER DOCUMENT evidencing
the right or title of the holder thereof, or any other
person, either to any shares, scrip or stock in or of any
incorporated company or other body corporate, or to
become proprietor of shares, scrip or stock in or of any
such company or body.
See also Letter of Allotment of Shares (No. 36)
20. “CHARTER" PARTY that is to say, any instrument
(except an agreement for the hire of a tug-steamer)
whereby a vessel or some specified principal part
thereof is let for the specified purposes of the charterer,
whether it includes a penalty clause or not.
21. Omitted.
22. Composition-deed, that is to say, any instrument
executed by a debtor whereby he conveys his property
for the benefit of his creditors or whereby payment of a
composition or dividend on their debts is secured to the
creditors, or whereby provision is made for the
continuance of the debtor's business, under the
supervision of inspectors or under letters of license for
The same duty as a Conveyance
(No. 23) for a consideration
equal to the amount of the
purchase money only.
Rs. 5.00
Rs. 15.00
Rs. 100.00
-----
the benefit of his creditors.
23. Conveyance (as defined by section 2(10), not being a Rs. 50.00
Transfer charged or exempted under No.62, - where the
amount or value of the consideration for such
conveyance as set forth therein does not exceed Rs.
1000.00
(i) Where it exceeds Rs. 1000 but does not 3%
exceed Rs. 10,000;
(ii) Where it exceeds Rs. 10,000 but does not 2%
exceed Rs. 1,00,000;
(iii) Where it exceeds Rs. 1,00,000 but does 1%
not exceed Bs. 3,00,000;
(iv) Where it exceeds Rs. 3,00,000 but does 3%
not exceed Rs. 5,00,000;
(v) Rs. 5,00,000 and above. 3%
**Exemptions-**
[(a)] Assignment of copyright by entry made under the
Indian Copyright Act, 1847(now the Copy right Act,
1957), Section 5.
[(b) For the purpose of this article, the portion of duty
paid in respect of a document falling under article No.
23A shall be excluded while computing the duty
payable in respect of a corresponding document relating
to the completion of the transaction in any union
territory under this article.]
Co-partnership-deed - See partnership (No. 46)
23A. Conveyance in the nature of part performance Contracts Ninety per cent of the duty as
for the transfer of immovable property in the nature of conveyance {No.23).
part performance in any union territory under section
53A of the Transfer of Property Act, 1882 (4 of 1882).
24. COPY OR EXTRACT, - Certified to be a true copy or
extract, or by order of any public officer and not
chargeable under the law for the time being in force
relating to court fees
{i) if the original was not chargeable with duty or if the Rs.5.00
duty with which it was chargeable does not exceed one
rupee;
{ii) in any other case ;
Rs. 10.00
**Exemption:**
{a) Copy of any paper which a public officer is
expressly required by law to make or furnish for record
in any public office or for any public purpose.
(b) Copy of, or extract from, any register relating to
births, baptisms, namings, dedications, marriages,
divorces, deaths or burials.
25. COUNTERPART OR DUPLICATE of any instrument
chargeable
with duty and in respect of which the proper duty has
been
paid,
(a) if the duty with which the original instrument is The same duty as is payable on
chargeabledoes not exceed one rupee.
the original.
(b) In any other case.
Rs.10.00
**Exemptions: Counterpart of any lease to a cultivator**
-----
when such lease is exempted from duty.
26. CUSTOMS BOND The same duty as a Bond (No.
(a) where the amount does not exceed Rs. 1000; 15) for such amount.
(b) in any other case Rs. 50.00
27. DEBENTURES (where a mortgage debenture or not),
being a marketable security transferable
(a) by endorsement or by a separate instrument of
transfer
(i) where the amount or value does not exceed Rs. 10; 10 paise
(ii) where it exceeds Rs. 10 and does not exceed Rs. 50
20 paise
(iii) Ditto 50 ditto 100 30 paise
(iv) Ditto 100 ditto 200 75 paise
(v) Ditto 200 ditto 300 Rs. 1 and 10 paise
(vi) Ditto 300 ditto 400
(vii) Ditto 400 ditto 500
(viii) Ditto 500 ditto 600
**(ix) Ditto 600 ditto 700**
Rs. 1 and 50 paise
Rs. I and 80 paise
Rs. 2 and 25 paise
Rs. 2 and 60 paise
(x) Ditto 700 ditto 800 Rs. 3 and 40 paise
**(xi) Ditto 800**
Rs. 3 and 75 paise
**(xii) ditto 900** Rs. 1 and 85 paise
**(xiii) and for every Rs. 500 or part thereof in excess** Rs. 3
1000
(b) by delivery
35 paise
(i) where the amount or value of the consideration for
75 paise
such
debenture as set forth therein does not exceed Rs. 50
(ii) where it exceeds Rs. 50 but does not exceed Rs. 100
Rs. 1 and 50 paise
(iii) Ditto 100 ditto 200
Rs. 2 and 25 paise
(iv) Ditto 200 ditto 300
Rs.3
(v) Ditto 300 ditto 400
Rs. 3 and 75 paise
(vi) Ditto 400 ditto 500
Rs. 4 and 50 paise
(vii) Ditto 500 ditto 600
Rs. 5 and 25 paise
(viii) Ditto 600 ditto 700
Rs. 6
(ix)Ditto 700 ditto 800
Rs. 6 and 75 paise
(x)Ditto 800 ditto 900
Rs. 7 and 50 paise
-----
**(xi) Ditto 900 ditto 1,000**
Rs. 3 and 75 paise
(xii) and for every Bs. 500 or part thereof in excess of
Rs.1000
ExplanationThe term "Debenture" includes any interest coupons
attached thereto but the amount of such coupons shall
not be included in estimating the duty.
Exemption- A debenture issued by an incorporated
company or other body corporate in terms of a
registered mortgage-deed, duly stamped in respect of
the full amount of debentures to be issued there under,
whereby the company or body borrowing makes over,
in whole or in part, their property to trustees for the
benefit of the debenture holders:
Provided that the debentures so issued are expressed to
be issued in terms of the said mortgage-deed.
DECLARATION OF ANY TRUST. See TRUST (No.
64)
28. DELIVERY-ORDER IN RESPECTOF GOODS, that is Rs.2.00
to say, any instrument entitling any person therein
named, or his assigns or the holder thereof, to the
delivery of any goods lying in any dock or port, or in
any warehouse in which goods are stored or deposited
on rent or hire, or upon any wharf, such instrument
being signed by or on behalf of the owner of such goods
upon the sale or transfer of the property therein, when
such goods exceeds in value twenty rupees.
29. DIVORCE - Instrument of, that is to say, any Rs.50.00
instrument by which any person effects the dissolution
of his marriage.
30. ENTRYAS AN ADVOCATE VAKIL OR ATIOBNEY
ON THE ROLE
OF ANY HIGH COURT {under the Indian Bar
Councils Act, 1926, or in exercise of powers conferred
on such court by Letters, Patent or by the Legal
Practitioners Act, 1884
(a) in the case of an Advocate or Vakil
Deleted.
(b) in the case of an Attorney
Deleted.
**Exemptions:** Entry of an Advocate, Vakil or Attorney
on the roll of any High Court when he has previously
been enrolled in a
High Court.
31. EXCHANGE OF PROPERTY - Instrument of The same duty as a conveyance
(No. 23) for a consideration
equal to the value of the property
of greatest value as set forth in
such instrument.
32. FURTHER CHARGE - Instrument of, that is to say,
any instrument imposing a further charge on mortgaged
property
(a) When the original mortgage is one of the description The same duty as a conveyance
referred to in clause (a) of Article No.40 (that is, with (No.23) for a consideration
possession); equal the amount of the further
charge secured by such
-----
instrument.
(b) when such mortgage is one of the description The same duty as a Conveyance
referred to in clause (b) of Article No. 40 (that is, (No. 23) for a consideration
without possession), equal to the total amount of the
charge(including the original
mortgage and any further
charge already made) less the
duty already paid on such
original mortgage and further
charge.
(ii) if possession is not so given. The same duty as a Bond (No.
15) for the amount of the further
charge secured by such
instrument.
33. GIFT- Instrument of, not being a Settlement (No.58) or The same duly as a conveyance
Will (No. 23) for consideration equal
or Transfer (No. 62). to the value of the property as set
forth in such instrument.
34. INDEMNITY-BOND The same duty as a Security
Bond (No. 57) for the same
amount.
35. LEASE, including an under-lease or sublease and any
agreement to let or sub-let
(a) where by such lease the rent is fixed and no
premium is
paid or delivered
(i) where the lease purports to be to a term of less than The same duty as a Bond (No. 1
one year; 5) for the whole amount payable
or deliverable under such lease.
(ii) where the lease purports to be for a term of not less The same duty as a Bond
than one year but not more than five years; (No.15) for the amount or value
of the average annual rent
reserved.
(iii) where the lease purports to be for a term in excess The same duty as a conveyance
of five years and ; not exceeding ten years. (No. 23) for a consideration
equal to the amount or value of
the average annual rent
reserved.
(iv) where the lease purports to be for a term exceeding The same duty as a Conveyance
ten years, but not exceeding twenty years. (No.23) for a consideration
equal to twice the amount or
value of the average annual rent
reserved.
(v) where the lease purports to be for a term as a The same duty as a Conveyance
exceeding twenty years, but not exceeding thirty {No.23) for a consideration
years. equal to three times the amount
or value of the average annual
rent reserved.
-----
(vi) where the lease purports to be for a term as a The same duty as a Conveyance
exceeding thirty years, but not exceeding one hundred (No.23) for a consideration
years. equal to four times the amount
or value of the average annual
rent reserved.
(vii) where the lease purports to be for a term exceeding The same duty as a conveyance
one hundred years, or in perpetuity. (No.23) for a consideration
equal in the case of a lease
granted solely for agricultural
purposes to one tenth and in
any other case to one-sixth of
the whole amount of rents
which would be paid or
delivered in respect of the first
fifty years of the lease.
The same duty as a Conveyance
(viii) where the lease does not purport to be for any
{No. 23) for a consideration
definite term. equal to three times the amount
or value of the average annual
rent which would be paid or
delivered for the first ten years if
the lease continued so long.
(b) where the lease is granted for a fine or premium or The same duty as a Conveyance
for money advanced and where no rent is reserved. (No. 23) for a consideration
equal to the amount or value of
such fine or premium or
advanced as set forth in the
lease.
c) where the lease is granted for a fine or premium or The same duty as a Conveyance
for (No. 23) for a consideration
money advanced in addition to rent reserved. equal to the amount or value of
such fine or premium or
advance as set forth in the lease,
in addition to the duty which
would have been payable on
such lease it no fine or premium
or advance had been paid or
delivered ; Provided that, in any
case where an agreement to
lease is stamped with the ad
_valorem stamp required for a_
lease and a lease in pursuance
of such agreement is
subsequently executed, the duty
on such lease shall not exceed
two rupees.
**Exemption:** Lease, executed in the case of cultivator
and for the purpose of cultivation and for the purpose of
-----
cultivation (including a lease of trees for the production
of food or drink) without the payment or, delivery of
any line or premium, when a definite term is expressed
and such term does not exceed one year, or when the
average annual rent reserved does not exceed one
hundred rupees.
In this exemption a lease for the purpose of cultivation
shall include a lease of lands for cultivation together
with a homestead or tank.
**Explanation:** When lease undertakes to pay any
recurring charge, such as Government revenue,
landlords share of ceases, or the owner's share of
municipal rates of taxes, which is by law recoverable
from the lessor, the amounts so agreed to be paid by the
lease shall be deemed to be part of the rent.
36. LEDER OFALLOTMENT OF SHARES, company, or
Rs.2.00
in respect of any loan to be raised by any company or
proposed company.
37. LEDER OF CREDIT any instrument by which one
Re 1
person authorizes another to give credit to the person in
whose favour it is drawn. LEDER OF GUARANTEE.
See AGREEMENT (No. 5).
38. LEDER OF LICENCE, any agreement between a
Rs. 50.00
debtor and his creditors that the latter shall, for a
specified time, suspend their claims and allow the
debtor to carry on business at his own discretion.
39. MEMORANDUM OFASSOCIATION OF A
COMPANY
(a) if accompanied by articles of association under Rs. 200.00
section 26 of the Companies Act, 1956;
(b) if not so accompanied Rs. 500.00
(i) where the nominal share capital does exceed one Rs. 800.00
lakh of rupees;
40. MORTGAGE-DEED, not being (AN AGREEMENT
RELATING TO
DEPOSIT OF TITLE. DEED, PAWN OR PLEDGE (No. 6),
BOTIOMRY
BOND {No. 16), MORTGAGE OF A CROP {No. 41)
RESPONDENTIA
BOND {No. 56), OR SECURITY BOND (No. 57)
[(a) when possession of the property or any part of the
property comprised in such deed is given by the
mortgagor or agreed to be given.
(i) where the amount or value of the consideration for Rs 10
such
conveyance as set forth therein does not exceed Rs 1000
(ii) where it exceed Rs 1000
1%]
(b) when possession is not given or agreed to be given The same duty as a Bond
as (No.15) for the amount secured
aforesaid;
by such deed002E
**Explanation: A mortgagor who gives to the mortgagee**
a power-of-attorney to collect rents or a lease of the
property mortgaged or part thereof, is deemed to give
possession within the meaning of this Article.
(c) when a collateral or auxiliary or additional or
-----
substituted security, or by way of further assurance by
the above mentioned purpose where the principal or
primary security is duly stamped
(i) for every sum secured not exceeding Rs. 1000 Rs.5.00
(ii) and for every Rs. 1000 or part there of secured in
Rs. 5.00
excess Rs. 1000.
**Exemptions:** (1) Instrument, executed by persons
taking advances under he lands Improvement Loans
Act, 1883 {10 of1883) or the Agriculturists Loan Act,
1884 (12 of 1884) or by their sureties as security for the
repayment of such advance.
(2) Letter of hypothecation accompanying a bill of
exchange.
41. MORTGAGE OF A CROP, including any instrument
evidencing an agreement to secure the repayment of a
loan made upon any mortgage of a crop, whether the
crop is or is not in existence at the lime of the mortgage
(a) when the loan is repayable not more than three
months from the date of the instrument
(i) for every sum secured not exceeding Rs. 200;
Rs. 1.00
(ii) and for every Rs. 200 or part thereof secured in
Rs. 2.00
excess of Rs. 200.
(b) When the loan is repayable more than three months,
but not more than eighteen months for the date of the
instrument.
(i) for every sum secured not exceeding Rs.100 Rs. 2.00
(ii) and for every Rs. 100 or part thereof secured in
Rs. 2.00
excess of Rs. 100.
42. NOTARIAL ACT that is to say, any instrument, Rs. 10.00
endorsement, note, attestation, certificate or entry not
being a Protest (No. 50) made or signed by a Notary
Public in the execution of the duties of his office, or by
any other person lawfully acting as a Notary Public.
See also Protest of Bill or Note (No. 50)
|43.|NOTE OF MEMORANDUM sent by a Broker or Agent to his principal intimating the purchase or sale on account of, such principal- (a) of any goods exceeding in value Re. 20|Rs. 1.00|
|---|---|---|
||(b) of any stock or marketable security exceeding in value twenty rupees.|Rs.2 for every Rs. 5,000 or part thereof of the value of the stock as security subject to a maximum of forty rupees.|
|44.|NOTE OF PROTEST by the Master of a Ship See also Protest by the Master of a Ship. (No. 51 ) Order for the payment of Money See Bill of Exchange (No. 13)|Rs. 5|
|45.|PARTITION - Instrument of (as defined by Section 2(15);|The same duty as a Bond (No. 15) for the amount of the value of the separated shares or shares d the property. N.B. : The largest share remaining after the property is partitioned (or, if there are two or more shares of equal value and not smaller than any of the other share, then one|
-----
|Col1|Col2|of such equal shares)shall be deemed to be that from which the other shares are s|
|---|---|---|
|||(a) when an instrument of partition containing an agreement to divide property in severally is executed and partition is effected in pursuance of such agreement the duty chargeable upon the instrument affecting such partition shall be reduced by the amount of duty paid in respect of first instrument but shall not be less than four rupees.|
|||(b) where land is held on revenue settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual revenue.|
|||(c) where a final order for effecting a partition passed by an Revenue authority or any Civil Court, or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition, and an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed rupees four|
|46.|PARTNERSHIP||
||(A)- INSTRUMENT OF-||
||(a) where the capital of the partnership does not exceed Rs. 1,000|The same duty as (Bond No. 15).|
||(b) in any other case||
||(B)- Dissolution of- Pawn or Pledge - See Agreement relating to deposit of Title deeds Pawn or Pledge (No. 6).|Rs.50.00|
|47.|POLICY OF INSURANCE.-||
||A-SEA INSURANCE (See section 7)|If drawn singly if drawn in duplicate for each part.|
||(1) for or upon any voyage- (i) where the premium or consideration does not exceed the rate of one-eights per centum of, the amount insured by the policy;||
-----
|Col1|(ii) in any other case, in respect of every full sum of one thousand live hundred rupees and also any fractional part of one thousand five hundred rupees insured by the policy;|5 Paise 5 Paise|
|---|---|---|
||(2) for time- (i) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy-||
||(ii) where the insurance shall be made for any time not exceeding six months;|Ten paise five paise|
||(iii) where the insurance shall be made for any time exceeding six months and not exceeding twelve months.|Ten paise five paise|
||B.- FIRE-INSURANCE AND OTHER CLASSES OF INSURANCE, NOT ELSEWHERE INCLUDED IN TH IS ARTICLE, COVEBING GOODS, MERCHANDISE, PEBSONAL EFFECTS, (BOPS AND OTHER PROPERTY AGAINST LOSS OR DAMAGE.||
||(1) in respect of an original policy|Twenty five paise|
||(i) when the sum insured does not exceed Rs. 5,000;|Fifty paise|
||(ii) in any other case; and||
||(2) in respect of each receipt for any payment of a premium on any renewal of an original policy.|One-half of the duty payable in respect of the original policy in addition to the amount, if any chargeable under No. 53.|
||C. - ACCIDENT AND SICKNESS INSURANCE-||
||(a) against railway accident, valid for a single Journey only.|Five paise|
||Exemption When issued to a passenger traveling by the intermediate or the third class in any railway;||
||(b)in any other case-for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs.1 ,000, and also where such amount exceeds Rs. 1,000 for every Bs. 1 ,000 or part thereof.|Ten paise provided that, in case of a policy of insurance against death by ' accident when the annual premium payable does not exceed (Rs. 2.50) per Rs. 1000, the duty on such instrument shall be five paise for every Rs. 1 ,000 or part thereof the maxi mum amount which may become payable under it.|
-----
|Col1|CC- INSURANCE BY WAY OF INDEMNITY against liability to pay damages on account of accident to workmen employed by or under the insurer or against liability to pay compensation under the Workmen's Compensation Act, 1923 (8 of 1923), for every Rs.100 or part thereof payable as premium.|five paise.|
|---|---|---|
||D.- LIFE INSURANCEIORGBOUP INSURANCE OR OTHER INSURANCE] NOT SPECIFICALLY PROVIDED FOR, except such a RE-INSURANCE, as is described in Division E of this article.|If drawn singly if drawn in duplicate for each part.|
||Article (i) for every sum insured not exceeding Rs. 250;|Ten paise Five paise|
||(ii) for every sum insured exceeding Rs. 250 but not exceeding Rs. 500;|Ten paise Five paise|
||(iii) for every sum insured exceeding Rs. 500 but not exceeding Rs. 1 ,000 and also for every Rs. 1,000 or part thereof in excess of Rs. 1,000.|Twenty paise Ten paise|
|||N.B. II a policy of group insurance is renewed or otherwise modified whereby the sum insured exceeds the sum previously insured on which stamp-duty has been paid, the proper stamp must be borne on the excess sum so insured.)|
||Exemption: Policies of life-insurance granted by the Director General of Post Offices in accordance with rules for Postal life insurance issued under the authority of the Central Government.||
||E.- RE-INSURANCE BY AN INSURANCE COMPANY which has granted in a POLICY [of the nature specified Division A or Division B of this Article, with another company by way of indemnity or guarantee against the payment on the original insurance of a certain part of the sum insured thereby.|One quarter of the duty payable in respect of the original insurance but not less than five paise or more than fifty paise: Provided that if the total amount of duty payable is not a multiple of five paise, the total amount shall be rounded off to the next higher multiple of live paise.|
||General Exemption Letter of cover or engagement to issue a policy of insurance:||
||Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable there under, nor shall it be available for any purpose, except to the compel the delivery of the policy therein mentioned.||
|48.|POWER OF ATIORNEY (as defined by Section 2(21) not being a Proxy (No. 52).||
-----
|Col1|(a) when executed for the sole purpose of procuring the registration one or more documents in relation to a single transaction or for admitting execution of one or more such documents;|Rs.20.00|
|---|---|---|
||(b) when required in suits or proceedings under the Presidency Small Cause Courts Act,1882 (15 of 1882)|Rs. 20.00|
||(c) when authorizing one person or more to act in a single transaction other than the case mentioned in clause (a);|Rs. 20.00|
||(d) when authorizing more than five persons to act jointly and severally in more than one transaction or generally;|Rs. 20.00|
||(e) when authorizing more than five but not more than ten persons to act jointly and severally in more than one transaction or generally;|Rs. 20.00|
||(f) when given for consideration and authorizing the attorney to sell any immovable property;|The same duty as a Conveyance (No. 23) for the amount of the consideration.|
||(g) in any other case||
||Explanation - For the purposes of this Article more persons than one when belonging to the same firm shall be deemed to be one person.|Rs.20.00|
||N.B.- The term 'registration' includes every operation incidental to registration under the Registration Act, 1908 (16 of 1908).||
|49.|PROMISSORY NOTE [as defined by section 2(22)]-||
||(a) when payable on demand||
||(i) when the amount or value does not exceed Rs. 250;|5 paise|
||(ii) when the amount or value exceeds Rs. 250 but does not exceed Rs. 1,000 ;|10 paise|
||(iii) in any other case.|15 paise|
||(b) when payable otherwise than on demand.|The same duty as a Bill of Exchange (No. 1 3) for the same amount payable otherwise than on demand.]|
|50.|PROTEST OF BILL OR NOTE, that is to say, any|Rs. 5.00|
-----
|Col1|declaration in writing made by a Notary Public, or other person lawfully acting as such attesting the dishonor of a Bill of Exchange or promissory note.|Col3|
|---|---|---|
|51.|PROTEST BY THE MASTER OF A SHIP, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses of the calculation of averages and every declaration in writing made by him against the charterers of the consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary Public or other person lawfully acting as such.|Rs. 5.00|
||See also Note of Protest by the Master of Ship (No. 44).||
|52.|PROXY empowering any person to vote at any one election of the members of a district or a local board or of a district or local board or of a body or municipal commissioners, or at any one meeting or (a) members of an incorporated company or other body corporate whose stock or funds is or are divided into shares and transferable, (b) a local authority, or (c) propretietors, members or contributors to the funds of any institution.|Fifteen paise|
|53.|RECEIPT [as defined by section 2(23)] for any money or other Property the amount or value of which exceeds rive thousand rupees.]|[One rupee]|
||Exemptions Receipt-||
||(a) endorsed on or contained in any instrument duly stamped [or any instrument exempted] under the proviso to section 3 (instruments executed on behalf of the Government) (or any cheque or bill of exchange payable on demand) acknowledging the receipt of the consideration money. Interest or annuity or other periodical payment thereby secured;||
||(b) for any payment of money without consideration;||
||(c) for any payment of rent by a cultivator on account of land assessed to Government revenue, or [in the States of Madras, Bombay and Andhra) (as they existed immediately before the 1st November, 1956) or Inam lands;||
||(d) for pay or allowances by non-commissioned [or petty] officer, soldiers, [sailors] or [airmen] of [Indian military, [naval] or air forces], when serving in such capacity, or by mounted police constables;||
||(e) given by holders of family certificates in cases where the person from whose pay or allowances the sum comprised in the receipt has been assigned is a non-commissioned for petty] officer, [soldier, [sailor or airman], of [any of the said forces], and serving in such capacity;||
||(f) for pensions or allowances by person, receiving such pensions or allowances in respect of their service as such non commissioned [or petty] officers, [soldiers,||
-----
|Col1|[sailors] or airmen], and not serving the Government in any other capacity;|Col3|
|---|---|---|
||(g) given by a headman or lambardar for land revenue or taxes collected by him;||
||(h) given for money or securities for money deposited in the hands of any banker to be accounted for:||
||Provided that the same is not expressed to be received of, or by the hands of, any other than the person to whom the same is to be accounted for.||
||Provided also that this exemption shall not extend to a receipt or acknowledgement for any sum paid or deposited /or upon a letter of allotment of a share, or in respect of a call upon any semipro share of, or any incorporated company or other body corporate or such proposed or intended company or body or in respect or a debenture being a marketable security.|The same duty as a Bond (No. 15) for the amount secured. Rs.30.00|
|54.|RECONVEYANCE OF MORTGAGED PROPERTY.||
||(a) if the consideration for which the property does not exceed Rs. 1,000;|The same duty as a conveyance (No. 23) for the amount of such consideration as set forth in the Reconveyance.|
||(b) in any other case Rs.60.00|Rs.60.00|
|55.|RELEASE, that is to say, any instrument not being such a release as is provided for by section 23A whereby a person renounces a claim upon another person or against any specified property||
||(a) if the amount or value of the claim does not exceed Rs 1, 000|The same duty as a Bond(No 15) for such amount or value as set forth in the release.|
||(b) in any other case Rs.30.00|Rs. 30.00|
|56.|RESPONDENTIA BOND, that is to say, any instrument securing loan on the cargo laden bond (No. 15) or to be laden on board a ship and a making the amount of the repayment contingent on the arrival of the loan secured. cargo at the port of destination.|The same duty as a bond {No. 15) for the amount f the loan secured|
||REVOCATION OF ANY TRUST OB SETILEMENT See Settlement {No. 58); Trust (No. 64)||
|57.|SECURITY BOND OR MORTGAGE DEED, executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof or executed by a surety to secure the due performance of a contract-||
||(a) when the amount secured does not exceed Rs 1000.|The same duty as a Bond(No 15) for the amount secured.|
||(b) in any other case|Rs 30.00|
||Exemptions: Bond or other instrument, when executed-||
||(a) by headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, section 99, for the due performance of their duties under that Act;||
-----
|Col1|(b) by any person or the; purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall|Col3|
|---|---|---|
||(c) under No. 34 of the rules made by the State Government ·under section 70 of the Bombay Irrigation Act, 1879;|Rs.30.00|
||(d) executed by persons taking advances under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturist' Loan Act, 1884 (12 of 1884), or by their sureties, as security for the repayment of such advances;||
||(e) executed by officers of the Government or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof.||
|58.|SETILEMENT||
||A – INSTRUMENT OF (including a deed of dower)|The same duty as a conveyance (No.23) or a sum equal to the amount or value of the property settled as set forth in such settlement. Provided that where an agreement to settle is stamped with the stamp required for an instrument of settlement, and an instrument of settlement in pursuance of such agreement is subsequently executed the duty on such instrument shall not exceed Rs.4.00.|
||Exemption: Deed of dower executed on the occasion of a marriage between Muhammandans||
||B - REVOCATION OF – See also Trust (No. 64)|The same duty as a Conveyance {No.23) for a sum equal to the amount or value of the property concerned, as set forth in the instrument of revocation, but not exceeding Rs.50/-. Provided|
|59.|SHARE WARRANTS, to bearer issued under the Company's Act, 1956(Act 1 of 1956) section 114, to have effect only upon payment, as composition for the duty, to the collector of stamp revenue of-|One and a half times duty payable on a Conveyance (No. 23) for a consideration equal to the nominal amount of the shares specified in the warrant.|
||{a) one and a half per centum of the whole subscribed capital of the company, or||
||(b) if any company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital one and a half per centum of the additional capital so issued.||
||Script. See CERTIFICATE (No. 19)||
|60.|SHIPPING ORDER for or relating to the conveyance of goods on board of any vessel.|Rs. 2.00|
|61.|SURRENDER OF LEASE||
-----
|Col1|(a) when the duty with which the lease is chargeable does not exceed five rupees.|The duty with which such lease is chargeable.|
|---|---|---|
||{b) in any other case|Rs.30.00|
||Exemption: Surrender of lease, when such lease is exempted from duty.||
|62.|TRANSFER {whether with or without consideration)||
||[(a) of shares in an incorporated company or other body corporate;|25 paise for every hundred rupees or part thereof of the value of the share.|
||{b) of debentures, being marketable Securities, whether the debenture is liable to duty or not, except debentures provided for by section 8;|One-half of the duty payable on a conveyance {No. 23) for a consideration equal to the face amount of the debentures.|
||{c) of any interest secured by a bond, mortgage-deed or policy of insurance,||
||(i) if the duty on such bond, mortgage deed or policy does not exceed live rupees;|The duty with which such bond, mortgage-deed or policy of insurance is chargeable.|
||{ii) in any other case|Five rupees.|
||(d) of any property under the Administrator General's 1874 {2 of 1874). section 31;|Ten rupees.|
||{e) of any trust-property without consideration from one trustee to another trustee or from a trustee to beneficiary|Five rupees or such smaller amount as may be chargeable under clauses {a) to (c) of this Article.|
||Exemptions Transfer by endorsement-||
||(a) of a bill of exchange, cheque or promissory note;||
||(b) of a bill of lading, delivery order, warrant for goods, or other merchantile document of title to goods;||
||(c) of a policy of insurance;||
||(d) of securities of the Central Government.||
|63.|TRANSFER OF LEASE by way of assignment and not by way of under-lease|The same duty as a Conveyance {No. 23) for a consideration equal to the amount of the consideration for the transfer.|
||Exemption: Transfer of any lease exempt from duty.||
|64.|TRUST-||
||(A)- Declaration of or concerning, any property when made by any writing not being a WILL.|The same duty as a Bond (No.15) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding Rs. 50.|
||(B) - Revocation of, or concerning, any property when made by any instrument other than a WILL. not be less than a specified sum per mensem;|The same duty as a Bond {No. 15) for a sum equal to the amount or value of the property concerned as set forth in the|
||See also Settlement (No. 58) Valuation See Appraisement|Rs. 3.00|
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|Col1|(No. 8) Vakil See Entry as a Vakil (No. 30)|Col3|
|---|---|---|
|65.|Warrant for goods, that is to say, any instrument evidencing the title of any person therein named, or his assigns, or the holder thereof, to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be].|Rs. 3.00|
[Vide Arunachal Pradesh 5 of 2007, s. 2]
**Amendment of Schedule-I.—In Schedule I of the Indian Stamp Act, 1899 (Act No. 2 of 1899) (in its**
application to the State of Arunachal Pradesh) Act 2007, for item no. 40, in sub-item (a), the following
shall be substituted, namely:-
“When possession of the property or any part of the property comprised in such deed is given by the
mortgagor or agreed to be given.
(i) Where the amount or value of the ₹ 10
consideration for such conveyance as set
forth therein does not exceed ₹ 1, 000
(ii) Where it exceeds ₹ 1, 000 1 %.
[Vide Arunachal Pradesh Act 16 of 2018, s. 2]
**Uttaranchal**
**Amendment of 2 (Schedule 1-B of Act No. II of 1899.—In (schedule 1-B) of the Indian Stamp Act,**
1899:-
(a) In Article 35 (Lease)
(i) in Clause (a) for sub-clause (VI), (VII), and (VIII), the following clause shall be substituted,
namely:-
“(VI) Where the lease purports to be for a The same duty as a Conveyance (No. 23 clause
term exceeding thirty years or in perpetuity or (a)), for a consideration equal the market value of
does not purpose to be for any definite term. property which is the subject of the lease.”
(iii) for clause (b) and (c), the following clause shall be substituted, namely:-
(b) Where the lease is granted for a fine or premium or for money advanced and Where no rent is
reserved:
(i) Where the lease purport to be for a term The same duty as a Conveyance (No. 23 Clause
not exceeding thirty years; (a)), for a consideration equal to amount or the
value of such fine or premium or advance as
setforth in the lease.
(ii) Where I lease purports to be for a term The same duty as a conveyance (No. 23 Clause
exceeding thirty years; (a)),for a consideration equal to the market value of
property which is the subject of the lease.
(c) Where the lease is granted for a fine or premium or for money advanced in additional to the rent
reserved:
|agor or agreed to be given.|Col2|
|---|---|
|(i) Where the amount or value of the consideration for such conveyance as set forth therein does not exceed ₹ 1, 000|₹ 10|
|(ii) Where it exceeds ₹ 1, 000|1 %.|
|“(VI) Where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purpose to be for any definite term.|The same duty as a Conveyance (No. 23 clause (a)), for a consideration equal the market value of property which is the subject of the lease.”|
|---|---|
|(i) Where the lease purport to be for a term not exceeding thirty years;|The same duty as a Conveyance (No. 23 Clause (a)), for a consideration equal to amount or the value of such fine or premium or advance as setforth in the lease.|
|---|---|
|(ii) Where I lease purports to be for a term exceeding thirty years;|The same duty as a conveyance (No. 23 Clause (a)),for a consideration equal to the market value of property which is the subject of the lease.|
|(i) Where the lease purports to be for a term not exceeding thirty years;|The same duty as Conveyance (No. 23 Clause (a)), for a consideration equal to the amount or value of such fine or premium or advance as setforth in the|
|---|---|
-----
|Col1|lease, in additional to be duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered. Provided that in a case when an agreement to lease is stamped with the agreement to lease is stamped with the ad-valorem stamp required for lease, and a lease in pursuance of such an agreement is subsequently executed, the duty on such lease shall not exceed Fifty Rupees.|
|---|---|
|(iv) Where the lease purports to be for a term exceeding thirty years;|The same duty as Conveyance (No. 23 Clause (a)), for a consideration equal the market value of property, which is the subject of the lease.|
|(v) Explanation (5) shall be omitted.||
[Vide Uttaranchal Act 14 of 2002, s. 2]
**Uttar Pradesh**
**Amendment** **of Schedule 1-B.— In Schedule I-B of the principal Act —**
(a) in Article 15 (Bond), in the-column relating to the "Proper Stamp Duty", for the words set out in
Column I of the table below, the words set out respectively against them in Column 2 of the table below,
shall be substituted :—
COLUMN 1 COLUMN 2
(Existing words) (Words to be substituted)
Forty-five paise Fifty paise.
One rupee Two rupees.
Three rupees and seventy-five Four rupees and twenty-five
paise paise.
Seven rupees and fifty paise Eight rupees and fifty paise.
Eleven rupees and twenty five paise Twelve rupees and seventy five paise
Fifteen rupees Seventeen rupees
Eighteen rupees and seventy-five paise Twenty-one rupees and twenty five
paise
Twenty-two rupees and fifty paise Twenty-five rupees and fifty paise
Twenty-six rupees and twenty five Twenty-nine rupees and seventy-five
paise. paise
Thirty rupees Thirty-four rupees
Thirty three rupees and seventy five Thirty-eight rupees and twenty five
paise paise.
Thirty-seven rupees and fifty paise Forty-two rupees and fifty paise.
Eighteen rupees and seventy-five Twenty-one rupees and twenty five
paise paise
(b) in Article 23 (Conveyance), in the column relating to "Proper Stamp Duty", for the-figures set out in
Column 1 of the table below, the figures set out respectively against them in Column 2 of the table below,
shall be substituted :—
|COLUMN 1 (Existing words)|COLUMN 2 (Words to be substituted)|
|---|---|
|Forty-five paise|Fifty paise.|
|One rupee|Two rupees.|
|Three rupees and seventy-five paise|Four rupees and twenty-five paise.|
|Seven rupees and fifty paise|Eight rupees and fifty paise.|
|Eleven rupees and twenty five paise|Twelve rupees and seventy five paise|
|Fifteen rupees|Seventeen rupees|
|Eighteen rupees and seventy-five paise|Twenty-one rupees and twenty five paise|
|Twenty-two rupees and fifty paise|Twenty-five rupees and fifty paise|
|Twenty-six rupees and twenty five paise.|Twenty-nine rupees and seventy-five paise|
|Thirty rupees|Thirty-four rupees|
|Thirty three rupees and seventy five paise|Thirty-eight rupees and twenty five paise.|
|Thirty-seven rupees and fifty paise|Forty-two rupees and fifty paise.|
|Eighteen rupees and seventy-five paise|Twenty-one rupees and twenty five paise|
|COLUMN 1 (Existing figures)|COLUMN 2 ( figures to be substituted)|
|---|---|
|Rs. P.|Rs. P.|
|2 00|4 00|
-----
|7 50|8 50|
|---|---|
|15 00|17 00|
|22 50|25 50|
|30 00|34 00|
|37 50|42 50|
|45 00|51 00|
|52 50|59 50|
|60 00|68 00|
|67 50|76 50|
|75 00|85 00|
|37 50|42 50|
(c) in Article 48 in clause (f), for the words "in any other case" the following words shall be
substituted,—
"When authorizing more than ten persons to act jointly and severally in more than one transaction
or generally,"
[Vide Uttar Pradesh Act 6 of 1980, s. 11]
**Amendment of Schedule 1-B of Act no. II of 1899.—** In Schedule I-B of Indian Stamp Act, 1899, —
(a) in Article 17-A, in the column relating to "Proper Stamp Duty" for the words "Two hundred
and fifty rupees" the words "Five hundred rupees" shall be substituted.
(b) in Article 17-B, in the column relating to "Proper Stamp Duty" for the words "Five hundred
rupees" the words "Two thousand rupees" shall be substituted.
(c) in Article 35 (Lease), —
(i) in clause (a), for sub-clauses (vi), (vii) and (viii) the following clause shall be substituted,
namely :—
“(vi) Where the lease purports to be for The same duty as a Conveyance [No. 23 clause
a term exceeding thirty years or in (a) ] for a consideration equal to the market
perpetuity or does not purport to be for value of the property which is the subject of
any definite term. the lease.”
(ii) in clause (b) and (c) the following clauses shall be substituted, namely :—
“(b) Where the lease so granted for a fine or premium of for money advanced and where
no rent is reserved, —
|“(vi) Where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purport to be for any definite term.|The same duty as a Conveyance [No. 23 clause (a) ] for a consideration equal to the market value of the property which is the subject of the lease.”|
|---|---|
|(i) Where the lease purports to be for a term not exceeding thirty years ;|The same duty as a Conveyance [No. 23 clause (a)] for a consideration equal to the amount or value of such fine or premium|
|---|---|
-----
|Col1|or advance as set forth in the lease.|
|---|---|
|(ii) Where the lease purports to be for a term exceeding thirty years ;|The same duty as a Conveyance [No. 23 clause (a)] for a consideration equal to the market value of the property which is subject of the lease.|
|(c) Where the lease is granted for a fine or premium of for money advanced in addition to rent is reserved, —||
|(i) Where the lease purports to be for a term not exceeding thirty years ;|The same duty as a Conveyance [No. 23 clause (a)] for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered:|
||Provided that in a case when an agreement to lease is stamped with the advalorem stamp required for lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed fifty rupees.|
|(ii) Where the lease purports to be for term exceeding thirty years ;|The same duty as a Conveyance [No. 23 clause (a)] for a consideration equal to the market value of the property which is subject of the lease.”|
|(iii) Explanation (5) shall be omitted.||
[Vide Uttar Pradesh s. 9 of 2001, s. 2]
**In Schedule I-B to the principal Act:—**
(a) in Article 5, in clause (c). in the column relating to the proper stamp duty, for the words "Six
rupees" the words “One hundred rupees" shall be substituted ;
(b) in Article 15, in the column relating to proper stamp duty, for the words set out in column below,
the words set out against them in column 2 below shall be substituted, namely :—
COLUMN 1
|COLUMN 1|COLUMN 2|
|---|---|
|One rupee and fifty paise|Two rupees|
|Three rupees|Four rupees|
|Five rupees and fifty paise|Six rupees and twenty-five paise|
|Eleven rupees|Twelve rupees and fifty paise|
|Sixteen rupees and fifty paise|Eighteen rupees and seventy-five paise|
-----
|Twenty-two rupees|Twenty-five rupees|
|---|---|
|Twenty-seven rupees and fifty paise|Thirty-one rupees and twenty-five paise|
|Thirty-three rupees|Thirty-seven rupees and fifty paise|
|Thirty-eight rupees and fifty paise|Forty-three rupees and seventy-five paise|
|Forty-four rupees|Fifty rupees|
|Forty-nine rupees and fifty paise|Fifty-six rupees and twenty-five paise|
|Fifty-five rupees|Sixty-two rupees and fifty paise|
|Twenty-seven rupees and fifty paise|Thirty-one rupees and twenty-five paise|
(c) in Article 25 —
(i) in in clause (a), in the column relating to the description of instrument, for the words "five
rupees" the words "fifty rupees" shall be substituted ;
(ii) in clause (b), in the column relating to the proper stamp duty, for the words "Five rupees" the
words "fifty rupees" shall be substituted.
(d) in Article 35—
(i) in clause (a), in sub-clauses (ii), (iii), (iv), (v), (vi) and (vii) in the column relating to proper
stamp duty, for the existing entries, the following entries shall be substituted, namely :—
in sub-clause (ii) "The same duty as a conveyance (no. 23), for a
consideration equal to three times the amount
or value of the average annual rent reserved."
in sub-clause (iii) "The same duty as a conveyance (no. 23), for a
consideration equal to four times the amount or
value of the average annual rent reserved."
in sub-clause (iv) "The same duty as a conveyance (no. 23), for a
consideration equal to five times the amount or
value or the average annual rent reserved"
In sub-clause (v) "The same duty as a conveyance (no. 23) for a
consideration equal to six times the amount or
value or the average annual rent reserved."
in sub-clause (vi) "The same duty as a conveyance (no. 23), for a
consideration equal to ten times the amount or
value of the average annual rent reserved."
in sub-clause (vii) "The same duty as a Conveyance (no. 23), for a
consideration equal to one-third of the whole
amount of rent which would be paid or
delivered in respect of the first fifty years of
the lease."
(ii) after explanation (3), the following explanation shall be inserted, namely:—
"(4) The aggregate amount at which tolls are let, whether payable in lump sum or
installments shall be deemed to be premium for the purposes of this Article.”
(e) in Article 48, after clause (e), the following clause shall be inserted, namely :—
|in sub-clause (ii)|"The same duty as a conveyance (no. 23), for a consideration equal to three times the amount or value of the average annual rent reserved."|
|---|---|
|in sub-clause (iii)|"The same duty as a conveyance (no. 23), for a consideration equal to four times the amount or value of the average annual rent reserved."|
|in sub-clause (iv)|"The same duty as a conveyance (no. 23), for a consideration equal to five times the amount or value or the average annual rent reserved"|
|In sub-clause (v)|"The same duty as a conveyance (no. 23) for a consideration equal to six times the amount or value or the average annual rent reserved."|
|in sub-clause (vi)|"The same duty as a conveyance (no. 23), for a consideration equal to ten times the amount or value of the average annual rent reserved."|
|in sub-clause (vii)|"The same duty as a Conveyance (no. 23), for a consideration equal to one-third of the whole amount of rent which would be paid or delivered in respect of the first fifty years of the lease."|
-----
"(ee) When irrevocable authority is given to the attorney to sell immovable property.---The
same duty as a conveyance (no. 23) on the market value of the property forming subject of such
authority".
[Vide Uttar Pradesh Act 11 of 1992, s. 5]
**Amendment of Schedule I-B.—In Schedule I-B to the principal Act, —**
(a) in Article 8, in clause (b), in the second column for the words “Thirty-seven rupees and fifty
paise” the words and figures “the same duty as a Bond (no. 15) for Rs. 1,000” shall be substituted ;
(b) in Article 12, in clause (c), in the second column, for the words "Thirty-seven rupees and fifty
paise" the words and figures "The same duty as a Bond (no. 15) for Ra. 1,000" shall be substituted ;
(c) for Article 18, the following Article shall be substituted column-wise as indicated below :—
|In the column pertaining to description|In the column pertaining to proper of instrument stamp duty|
|---|---|
|“18. Certificate of sale (in respect of each property put up as a separate lot and sold) granted to the purchaser of any property sold by public auction by a court or by an officer, authority or body empowered under any law for the time being in force to sell such property by public auction and to grant such Certificate.”|“The same duty as a conveyance (no. 23), for a consideration equal to the amount of the purchase money only.”|
|(d) In Article 46, —||
|(i) in Part A, in clause (b), in the second column, for the words "One hundred and fifty rupees" the words and figures "The same duty as a Bond (no. 15) for Rs.4,000" shall be substituted ;||
|(ii) in Part B, in the second column, for the words "Thirty-seven rupees and fifty paise" the words and figures "The same duty as a Bond (no. 15) for Rs. 1,000" shall be 'substituted||
|(e) in Article 54, in clause (b), in the second column, for the words "Seventy-five rupees" the words and figures "The same duty as a conveyance (no. 23) for Rs. 1,000" shall be substituted||
|(f) in Article 55, in clause (b), in the second column, for the words, "One hundred rupees" the words and figures "The same duty as a Bond (no. 15) for Rs. 3,000" shall be substituted ;||
|(g) in Article 57, in clause (b), in the second column, for the words "Thirty-seven rupees and seventy-five paise" the words and figures "The same duty as a Bond (no. 15) for Rs. 1,000" shall be substituted ;||
|(h), in Article 61 —||
|(i) in clause (a), in the first column, for the words "Thirty-seven rupees and seventy-five paise" the words and figures "the duty chargeable on a conveyance for a consideration of Rs.500" Shall be substituted ;||
|(ii) in clause (b), in the second column, for the words, "Thirty-seven rupees and seventy- five paise" the words and figures "The same duty as a conveyance (no. 23) for a consideration of Rs. 500" shall be substituted.||
-----
(i) in Article 64, in Item B, in the second column, for the words "Seventy-five rupees" the
words and figures "the duty payable on a Bond (no. 15) for Rs. 2,000" shall be substituted
[Vide Uttar Pradesh Act 19 of 1981, s. 4]
**Amendment of Article 1 of Schedule I-B to Act no. 2 of 1899.— In Schedule I-B to the Indian**
Stamp Act, 1899, hereinafter referred to as the said Schedule, in Article 1, in the second column for the
existing entry the following entry shall be substituted, namely :—
“Fifty Paise.”
[Vide Uttar Pradesh Act 19 of 1982, s. 2]
**Amendment of Article 2.— In the said Schedule, in Article 2, in the second column, for the existing**
entry, the following entry shall be substituted, namely :—
“Subject to a maximum of two hundred rupees, the same duty as on a Bond (No. 15).”
[Vide Uttar Pradesh Act 19 of 1982, s. 3]
**Amendment of Article 3.—In the said Schedule, in Article 3, in the second column, for the words**
“fifty rupees” the words “Seventy five rupees” shall be substituted.
[Vide Uttar Pradesh Act 19 of 1982, s. 4]
**Amendment of Article 4.—In the said Schedule, in Article 4, in the second column, for the words**
“Four rupees and fifty paise” the words “Five rupees” shall be substituted.
[Vide Uttar Pradesh Act 19 of 1982, s. 5]
**Amendment of Article 5.— In the said Schedule, in Article 5, in clause (c), in the second column,**
for the words “Five rupees” the words “Six rupees” shall be substituted.
[Vide Uttar Pradesh Act 19 of 1982, s. 6]
**Amendment of Article 6.—In the said Schedule, in Article 6, in clause (2), in sub-section (a), in the**
second column, for the figures set out in Column 1 below, the figures set out in Column 2 below, shall be
_substituted :—_
|Column 1|Column 2|
|---|---|
|Rs. P.|Rs. P.|
|1 00|1 50|
|2 00|3 00|
|3 00|4 50|
|4 00|6 00|
|5 00|7 50|
|6 00|9 00|
|8 00|12 00|
|12 50|18 75|
|25 00|37 50|
|37 50|56 25|
-----
|50 00|75 00|
|---|---|
|75 00|112 50|
|100 00|150 00|
|125 00|187 50|
|150 00|225 00|
|50 00|75 000|
[Vide Uttar Pradesh Act 19 of 1982, s. 7]
**Amendment of Article 7.— In the said Schedule, in Article 7:-**
(a) in clause (a), in the second column, for the existing entry the following entry shall be
substituted, namely :
"Fifty rupees".
(b) in clause (b), in the second column, for the existing entry the following entry shall be
substituted, namely:
"One hundred .rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 8]
**Amendment of Article 10.— In the said Schedule, in Article 10, in the second column, for the**
existing entry the following entry shall be substituted, namely :
"Three hundred rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 9]
**Amendment of Article 11.— In the said Schedule, in Article 11, in the second column, for the**
exiting entry, the following entry shall be substituted, namely:
"Four hundred rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 10]
**Amendment of Article 17.—In the said Schedule, in Article 17 in the second column, for the exiting**
entry, the following entry shall be substituted, namely :
"Twenty-five rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 11]
**Amendment of Article 19.—In the Said Schedule, in Article 19, in the second column, for the**
exiting entry the following entry shall be substituted, namely:
"Fifty paise"
[Vide Uttar Pradesh Act 19 of 1982, s. 12]
**Amendment of Article 20.—In the Said Schedule, in Article 20, in the second column, for the**
exiting entry the following entry shall be substituted, namely:
"Six rupees"
[Vide Uttar Pradesh Act 19 of 1982, s. 13]
**Amendment of Article 22.—In the Said Schedule, in Article 22, in the second column, for the**
exiting entry the following entry shall be substituted, namely:
"Fifty rupees"
[Vide Uttar Pradesh Act 19 of 1982, s. 14]
-----
**Amendment of Article 26.—In the Said Schedule, in Article 26, in the second column, for the**
exiting entry the following entry shall be substituted, namely:
"Subject to a maximum of one hundred fifty rupees, the same duty as on a Bond (no. 15)."
[Vide Uttar Pradesh Act 19 of 1982, s. 15]
**Amendment of Article 28.—In the Said Schedule, in Article 28, in the second column, for the**
exiting entry the following entry shall be substituted, namely:
"Fifty paise."
[Vide Uttar Pradesh Act 19 of 1982, s. 16]
**Amendment of Article 29.—In the Said Schedule, in Article 29, in the second column, for the**
exiting entry the following entry shall be substituted, namely:
"Twenty-five rupees"
[Vide Uttar Pradesh Act 19 of 1982, s. 17]
**Amendment of Article 34-A.—In the Said Schedule, in Article 34-A, in the second column, for the**
words “Five rupees” the words “six rupees” shall be substituted.
[Vide Uttar Pradesh Act 19 of 1982, s. 18]
**Amendment of Article 36.— In the Said Schedule, in Article 36, in the second column, for the**
exiting entry the following entry shall be substituted, namely:
"Fifty paise."
[Vide Uttar Pradesh Act 19 of 1982, s. 19]
**Amendment of Article 39.—In the Said Schedule, in Article 39, in the second column, for the words**
“one hundred rupees” the words “Two hundred rupees” shall be substituted and for the words “Three
hundred and twenty-five rupees” the words “Five hundred rupees” shall be substituted.
[Vide Uttar Pradesh Act 19 of 1982, s. 20]
**Amendment of Article 43.— In the Said Schedule, in Article 43, —**
(a) in clause (a), in the second column for the existing entry, the following entry shall be
substituted, namely :
"One rupee."
(b) in clause (b), in the second column, for the existing entry, the following entry shall be
substituted, namely:—
"Subject to a maximum of seventy-five rupees; one rupee for every, Rs. 10,000 or part
thereof of the value of the stock or security.”
[Vide Uttar Pradesh Act 19 of 1982, s. 21]
**Amendment of Article 44.— In the said Schedule, in Article 44, in the second column; for the**
existing entry, the following entry shall be substituted, namely:—
"Three rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 22]
**Amendment of Article 48.–In the said Schedule, in Article 48, —**
(a) in clause (a), in the second column, for the words "Two rupees and fifty paise" the words
"Three rupees" shall be substituted ;
(b) in clause (b), in the second column, for the words "Five rupees” the words "Six rupees" shall
be substituted ;
(c) in clause (c), in the second column, for the words "Twenty rupees” the words "Twenty-four
rupees" shall be substituted;
-----
(c) in clause (c), in the second column, for the words "Twenty rupees” the words "Twenty-four
rupees" shall be substituted;
(e) in clause (f), in the second column, for the words "Five rupees” the words "Six rupees" shall
be substituted.
[Vide Uttar Pradesh Act 19 of 1982, s. 23]
**Amendment of Article 50.— In and said Schedule, in Article 50, in the second column, for the**
existing entry, the following entry shall be substituted, namely:—
"Five rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 24]
**Amendment of Article 51.— In the said Schedule, in Article 51, in the second column, for the**
existing entry, the following entry shall be substituted, namely:—
"Five rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 25]
**Amendment of Article 58.— In the said Schedule, in Article 58 in item B, in the second column, for**
the existing entry, the following entry shall be substituted, namely:—
"The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property
concerned, but not exceeding fifty rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 26]
**Amendment of Article 60.—in the said Schedule, in Article 60, in the second column, for the**
existing entry the following entry shall be substituted, namely:—
"Fifty paise."
[Vide Uttar Pradesh Act 19 of 1982, s. 27]
**Amendment of Article 62.—In the said Schedule under Article 62:—**
(a) in clause (c), in sub-clause (ii), in the second column, for the words "Thirty-seven rupees and
seventy-five paise" the words "Seventy-five rupees" shall be substituted ;
(b) in clause (d), in the second column, for the existing entry, the following entry shall be
substituted, namely :—
"Sixty-seven rupees and fifty paise" ;
(c) in clause (e), in the second column, for the existing entry, the following entry shall be
substituted, namely—
"Thirty-four rupees or such smaller amount as may be chargeable under clauses (b) and (c) of this
article."
[Vide Uttar Pradesh Act 19 of 1982, s. 28]
**Amendment of Article 64.— In the said Schedule, in Article 64, in Part A, in clause (b), in the**
second column, for existing entry, the following entry shall be substituted, namely:—
"On ten thousand rupees, the duty payable under clause (a), and on the remainder, Three rupees
for every additional one thousand rupees or part thereof."
[Vide Uttar Pradesh Act 19 of 1982, s. 29]
**Amendment of Article 65.— In the said Schedule, in Article 65, the second column, for the existing**
entry, the following entry shall be substituted, namely:—
"Three rupees."
[Vide Uttar Pradesh Act 19 of 1982, s. 30]
-----
**Amendment of Schedule 1-B to Act no. 2 of 1899.—** In Schedule I-B to the Indian Stamp Act,
1899, hereinafter referred to as the principal Act in Article 5 (Agreement or Memorandum of an
Agreement) after clause (b), the following clause shall be inserted, namely :—
“(b-1) if relating to the sale of an The same duty as on conveyance (No. 23) on one half of
immovable property where, in part the amount of consideration as set forth in the agreement.
performance of the contract possession
is admitted to have been delivered or is
agreed to be delivered without executing
the conveyance :—
Provided that when conveyance in
pursuance of such agreement—
(i) is executed, the duty paid under this
clause shall be adjusted towards the total
duty payable on the conveyance ;
(ii) is not executed, the duty paid under
this clause in excess of the duty payable
under clause (c) shall subject to the rules
be refunded without any deduction on an
application being made for the purposes
not beyond 6 months from the expiration
of the period during which conveyance
could have been executed in pursuance
of the agreement.”
[Vide Uttar Pradesh Act 22 of 1990, s. 2]
**Amendment of Schedule 1-B.—In Schedule 1-B of the principal Act —**
(1) for the existing entry in Column 2 against Article 3, the following entry shall be substituted,
namely :—
“Fifty rupees”,
(2) for the existing entry in Column 2 against clause (a) of Article 4, the following entry shall be
substituted, namely :—
“Two rupees”,
(3) for the existing entry in Column 2 against clause (c) of Article 5, the following entry shall be
substituted, namely :—
“Five rupees”,
(4) for the existing table of rates below sub-clause (a) of clause (2) of Article 6, the following
table shall be substituted, namely :—
|“(b-1) if relating to the sale of an immovable property where, in part performance of the contract possession is admitted to have been delivered or is agreed to be delivered without executing the conveyance :—|The same duty as on conveyance (No. 23) on one half of the amount of consideration as set forth in the agreement.|
|---|---|
|Provided that when conveyance in pursuance of such agreement—||
|(i) is executed, the duty paid under this clause shall be adjusted towards the total duty payable on the conveyance ;||
|(ii) is not executed, the duty paid under this clause in excess of the duty payable under clause (c) shall subject to the rules be refunded without any deduction on an application being made for the purposes not beyond 6 months from the expiration of the period during which conveyance could have been executed in pursuance of the agreement.”||
|Description of instrument|Col2|Proper stamp duty|
|---|---|---|
|||Rs. P.|
|When the amount of the loan or debt does not exceed Rs. 200|. .|1 00|
|When It exceeds Rs. 200 but does not exceed Rs. 400|. .|2 00|
|When it exceeds Rs. 400 but does not exceed Rs. 600|. .|3 00|
|When It exceeds Rs. 600 but does not exceed Rs. 800|. .|4 00|
-----
|When It exceeds Rs. 800 but does not exceed Rs. 1,000|. .|5 00|
|---|---|---|
|When It exceeds Rs. 1,000 but does not exceed Rs. 1,200|. .|6 00|
|When It exceeds Rs. 1,200 but does not exceed Rs. 1,600|. .|8 00|
|When It exceeds Rs. 1,600 but does not exceed Rs. 2,500|. .|12 50|
|When It exceeds Rs. 2,500 but does not exceed Rs. 5,000|. .|25 00|
|When It exceeds Rs. 5,000 but does not exceed Rs. 7,500|. .|37 50|
|When It exceeds Rs. 7,500 but does not exceed Rs. 10,000|. .|50 00|
|When It exceeds Rs. 10,000 but does not exceed Rs. 15,000|. .|75 00|
|When It exceeds Rs. 15,000 but does not exceed Rs. 20,000|. .|100 00|
|When It exceeds Rs. 20,000 but does not exceed Rs. 25,000|. .|125 00|
|When It exceeds Rs. 25,000 but does not exceed Rs. 30,000|. .|150 00|
|and for every additional Rs. 10,000 or part thereof in excess of Rs. 30,000|. .|50 00|
(5) for the existing entry in Column 2 against clause (b) of Article 8, the following entry shall be
substituted, namely :—
“Thirty-seven rupees and fifty paise”.
(6) for the existing entry in Column 2 against Article 10, the following entry shall be substituted,
namely :—
“Two hundred and twenty five rupees ”.
(7) for the existing entry in Column 2 against clause (c) of Article 12, the following entry shall be
substituted, namely :—
“Thirty-seven rupees and fifty paise”.
(8) for the existing table of rates below Article 15, the following table shall be _substituted,_
namely :—
Description of instrument Proper stamp duty
Where the amount or value secured does not exceed Forty-five paise.
Rs. 10
Where it exceeds Rs. 10 but does not exceed Rs. 50 One rupees.
Where it exceeds Rs. 50 but does not exceed Rs. 100 Three rupees and
|Description of instrument|Col2|Proper stamp duty|
|---|---|---|
|Where the amount or value secured does not exceed Rs. 10||Forty-five paise.|
|Where it exceeds Rs. 10 but does not exceed Rs. 50||One rupees.|
|Where it exceeds Rs. 50 but does not exceed Rs. 100||Three rupees and seventy-five paise.|
-----
Seven rupees and
Where it exceeds Rs. 100 but does not exceed Rs. 200
fifty paise.
Where it exceeds Rs. 200 but does not exceed Rs. 300 Eleven rupees and
twenty-five paise.
Where it exceeds Rs. 300 but does not exceed Rs. 400 Fifteen rupees.
Eighteen rupees and
Where it exceeds Rs. 400 but does not exceed Rs. 500
seventy-five paise.
Twenty-two rupees,
Where it exceeds Rs. 500 but does not exceed Rs. 600
and fifty paise.
Twenty-six rupees
Where it exceeds Rs. 600 but does not exceed Rs. 700
and twenty-five
paise.
Where it exceeds Rs. 700 but does not exceed Rs. 800 Thirty rupees.
Where it exceeds Rs. 800 but does not exceed Rs. 900 Thirty-three rupee
and seventy-five
paise.
Where it exceeds Rs. 900 but does not exceed Rs. Thirty-seven rupees
1,000 and fifty paise.
and for every Rs. 500 or part thereof in excess of Rs. Eighteen rupees and
1,000 seventy-five paise.
(9) for the existing table of rates below Article 23, the following table shall be substituted,
namely :—
Description of instrument Proper stamp duty
Where the amount or value of the consideration of
Rs. P
such conveyance
as set forth therein or the market value of the property
which is the
subject of such conveyance, whichever is greater,
does not exceed Rs. 50 ……………. 2 00
|Where it exceeds Rs. 100 but does not exceed Rs. 200|Col2|Seven rupees and fifty paise.|
|---|---|---|
|Where it exceeds Rs. 200 but does not exceed Rs. 300||Eleven rupees and twenty-five paise.|
|Where it exceeds Rs. 300 but does not exceed Rs. 400||Fifteen rupees.|
|Where it exceeds Rs. 400 but does not exceed Rs. 500||Eighteen rupees and seventy-five paise.|
|Where it exceeds Rs. 500 but does not exceed Rs. 600||Twenty-two rupees, and fifty paise.|
|Where it exceeds Rs. 600 but does not exceed Rs. 700||Twenty-six rupees and twenty-five paise.|
|Where it exceeds Rs. 700 but does not exceed Rs. 800||Thirty rupees.|
|Where it exceeds Rs. 800 but does not exceed Rs. 900||Thirty-three rupee and seventy-five paise.|
|Where it exceeds Rs. 900 but does not exceed Rs. 1,000||Thirty-seven rupees and fifty paise.|
|and for every Rs. 500 or part thereof in excess of Rs. 1,000||Eighteen rupees and seventy-five paise.|
|(9) for the existing table of rates below Article 23, the following table shall be substituted, namely :—|||
||||
|Description of instrument||Proper stamp duty|
|Where the amount or value of the consideration of such conveyance as set forth therein or the market value of the property which is the subject of such conveyance, whichever is greater, does not exceed Rs. 50|…………….|Rs. P 2 00|
|Where it exceeds Rs. 50 but does not exceed Rs. 100|… … … … ….|7 50|
|Where it exceeds Rs. 100 but does not exceed Rs. 200|…………….|15 00|
|Where it exceeds Rs. 200 but does not exceed Rs. 300|…………….|22 50|
|Where it exceeds Rs. 300 but does not exceed Rs. 400|…………….|30 00|
|Where it exceeds Rs. 400 but does not exceed Rs. 500|…………….|37 50|
|Where it exceeds Rs. 500 but does not exceed Rs. 600|… … … … ….|45 00|
|Where it exceeds Rs. 600 but does not exceed Rs. 700|……………|52 50|
|Where it exceeds Rs. 700 but does not exceed Rs. 800|… … … … …|60 00|
-----
|Where it exceeds Rs. 800 but does not exceed Rs. 900|… … … … …|67 50|
|---|---|---|
|Where it exceeds Rs. 900 but does not exceed Rs. 1,000|……………|75 00|
|and for every Rs. 500 or part thereof in excess of Rs. 1,000|……………|37 50|
(10) for the existing entry in Column 2 against clause (ii) of Article 24 the following entry shall be
_substituted, namely :—_
“Three rupees, when the copy or extract is of an agricultural lease or of a mortgage-deed or sale
deed of agricultural land and the value of the subject matter of the original does not exceed one
thousand rupees ; in any other case, five rupees.”
(11) for the existing clause (a) in Column I of Article 25, the following clause shall be substituted,
namely :—
“(a) if the duty with which the original instrument is chargeable does not exceed five rupees ;”.
(12) for the existing entry in Column 2 against column (b) of Article 25, the following entry shall be
_substituted, namely :—_
“Five rupees”.
(13) for the existing clause (a) in Column 1 of Article 34-A, the following clause shall be substituted,
namely :—
“(a) if the duty with which the original instrument is chargeable does not exceed ten rupees ;”
(14) _for the existing entry in column 2 against clause (b) of Article 34-A, the following shall be_
_substituted, namely :—_
“Five rupees”,
(15) _for the proviso below the existing entry in Column 2 against clause (c) of Article 35, the_
following proviso shall be substituted, namely ;
“Provided that in any case when an agreement to lease is stamped with the ad valorem stamp required
for lease, and a lease in pursuance of such agreement is subsequently executed the duty on such lease
shall not exceed five rupees.”
(16) for the existing entry in Column 2 against clause (a) of Article 39, the following entry shall be
_substituted, namely :—_
“One hundred rupees”.
(17) for the existing entry in Column 2 against clause (b) of Article 39, the following entry shall be
_substituted, namely :—_
“Three hundred and twenty-five rupees”.
(18) in Article 45, in Column 2, for the existing clause (a) of the proviso, the following clause shall be
_substituted, namely :—_
“(a) When an instrument containing an agreement to divide property in severalty is executed and a
partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting
such partition or upon the instrument recording, by way of declaration or otherwise, the terms of such
partition shall be reduced by the amount of duty paid in respect of the first instrument but shall not be less
than five rupees ;”
(19) for the existing clause (c) in Column 2 of Article 45, the following clause shall be _substituted,_
namely :—
-----
“(c) Where a final order for effecting a partition passed by any Revenue authority or any Civil Court,
or an award by an Arbitrator directing a partition, is stamped with the stamp required for any instrument
of partition, and an instrument of partition, in pursuance of such order or award is subsequently executed,
the duty on such instrument shall not exceed five rupees.”,
(20) for the existing entry in Column 2 against item “A”, sub-item (b) of Article 46, the following
entry shall be substituted, namely:—
“One hundred and fifty rupees.”,
(21) for the existing entry in Column 2 against Item “B” of Article 46, the following entry shall be
_substituted, namely :—_
“Thirty-seven rupees and fifty paise.”,
(22) for the existing table of rates under Article 48, the following table shall be _substituted, namely_
:—
Description of instrument Proper stamp duty
(a) When executed for the sole purpose Two rupees and fifty paise.
of procuring the registration of one or
more documents in relation to a single
transaction or for admitting execution of
one or more such documents ;
(b) When authorizing one person or more Five rupees.
to act in a single transaction other than
the case mentioned in clause (a) ;
(c) When authorizing not more than five Twenty rupees.
persons to act jointly and severally in
more than one transaction or generally ;
(d) When authorizing more than five but Forty rupees.
not more than ten persons to act jointly
and severally in more than one
transaction or generally ;
(e) When given for consideration and The same duty as a conveyance (no. 23) of the
authorizing the attorney to sell any consideration.
immovable property ;
(f) in any other case ; Five rupees for each person authorized.
(23) for the existing entry in Column 2 against clause (b) of Article 54, the following entry shall
be substituted, namely :—
“Seventy-five rupees.”
(24) for the existing clause (a) below Article 55, the following clause shall be substituted, namely
:—
“(a) if the amount or value of the claim does not exceed Rs. 2,500 ;”
(25) for the existing entry in Column 2 against clause (b) of Article 55, the following entry shall
be substituted, namely :—
“One hundred rupees.”,
|Description of instrument|P r o p e r s t a mp duty|
|---|---|
|(a) When executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents ;|Two rupees and fifty paise.|
|(b) When authorizing one person or more to act in a single transaction other than the case mentioned in clause (a) ;|Five rupees.|
|(c) When authorizing not more than five persons to act jointly and severally in more than one transaction or generally ;|Twenty rupees.|
|(d) When authorizing more than five but not more than ten persons to act jointly and severally in more than one transaction or generally ;|Forty rupees.|
|(e) When given for consideration and authorizing the attorney to sell any immovable property ;|The same duty as a conveyance (no. 23) of the consideration.|
|(f) in any other case ;|Five rupees for each person authorized.|
-----
(26) for the existing entry in Column 2 against clause (b) of Article 57, the following entry shall
be substituted, namely :—
“Thirty-seven rupees and seventy-five paise”,
(27) _for the existing proviso in Column 2 against Article 58, the following proviso shall be_
_substituted, namely :—_
“Provided that, where an agreement to settle is stamped with the stamp required for an instrument
of settlement and an instrument of settlement in pursuance of such agreement is subsequently executed,
the duty on such instrument shall not exceed five rupees”,
(28) for the existing clause (a) in Column 1 of article 61, the following clause shall be substituted,
namely :—
“(a) when the duty with which the lease is chargeable does not exceed thirty-seven rupees and
seventy-five paise.”
(29) for the existing entry in Column 2 against clause (b) of Article 61, the following entry shall
be substituted, namely :—
“Thirty-seven rupees and seventy-five paise”,
(30) for the existing item (i) of clause (c) in Column (1) of Article 62, the following item shall be
_substituted, namely :—_
“(i) if the duty on such bond, mortgage-deed or policy does not exceed thirty-seven rupees and
seventy-five paise.”
(31) for the existing entry in Column 2 against item (ii) below clause (c) of Article 62, the
following entry shall be substituted, namely:—
“Thirty-seven rupees and seventy-five paise ;
Provided that, if by any one instrument the interest secured by several bonds, mortgage-deeds or
policies of insurance is transferred the duty payable in respect of such instrument shall be the aggregate of
the duties which would have been payable if separate instruments of transfer were executed in respect of
each such bond, mortgage deed or policy of insurance.”
(32) for the existing entry in Column 2 against Item “B” of Article 64, the following entry shall
be substituted, namely :—
The same duty as a Bond (no. 15) for a sum equal to the amount or value of the property
concerned but not exceeding seventy-five rupees.”.
[Vide Uttar Pradesh Act 20 of 1974, s. 6]
**Insertion of new Article 38-A.— In Schedule I-B to the Indian Stamp Act, 1899, after Article 38, the**
following Article shall be inserted, namely :—
“38-A. Licence relating to arms or ammunitions, that is to say, document evidencing the licence
or renewal of licence relating to arms or ammunitions under the provisions of the Arms Act, 1959, —
(A) Licence relating to following arms :—
|(i) Revolvers or Pistols|Two thousand rupees|
|---|---|
|(ii) Rifles|One thousand five hundred rupees|
|(iii) DBBL Weapons|One thousand rupees|
|(iv) SBBL Weapons|One thousand rupees|
|(v) ML Weapons|Two hundred rupees|
|(B) Licence relating to arms or ammunitions on following Forms as set out in Schedule III to the Arms Rules, 1962 :—||
|(i) FORM XI|Ten thousand rupees|
-----
|(ii) FORM XII (iii) FORM XIII|Ten thousand rupees Five thousand rupees|
|---|---|
|(iv) FORM XIV|Three thousand rupees|
|(C) Renewal of licence relating to following arms :—||
|(i) Revolvers or Pistols|One thousand rupees|
|(ii) Rifles|Seven hundred fifty rupees|
|(iii) DBBL Weapons|Five hundred rupees|
|(iv) SBBL Weapons|Five hundred rupees|
|(v) ML Weapons|One hundred rupees|
|(D) Renewal of licence relating to arms or ammunitions on following Forms as set out in Schedule III to the Arms Rules, 1962 :—||
|(i) FORM XI|Three thousand rupees|
|(ii) FORM XII|Three thousand rupees|
|(iii) FORM XIII|Two thousand rupees|
|(iv) FORM XIV|One thousand rupees”|
[Vide Uttar Pradesh Act 22 of 1998, s. 2]
**Amendment of Article 1 of Schedule 1-B.—** In Schedule 1-B to the principal Act. hereinafter referred to
as the said Schedule, in Article 1 (Acknowledgement) in the Column relating to the "description of
instrument" for the words "twenty rupees" the words "one thousand rupees", and in the column relating to
the "Proper Stamp Duty" for the words "Fifty paise" the words "ten rupees" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 11]
**Substitution or Article 4 In the said Schedule, for Article 4 (Affidavit), the following Article shall be**
**substituted, namely :—**
"4 AFFIDAVIT, including an affirmation or Ten rupees declaration in the case of persons by law allowed
affirm or declare instead of swearing.
Exemptions
Affidavit or declaration in writing when made—
(a) as a condition of enrolment under the Army Act. 1950. The Air force Act, 1950, or the Navy
Act, 1957, or
(b) for the sale purpose of enabling any person to receive any pension or charitable allowance.
[Vide Uttar Pradesh Act 22 of 1998, s. 12]
**Amendment of Article 5.— In the said Schedule, in Article. 5 (Agreement or Memorandum of an**
Agreement, —
(a) in clause (a). in the column relating to the "proper stamp duty” for the words "Sixty naye
paise" the words "ten rupee'. shall be substituted.
(b) in clause (b) in the Column relating to the "proper stamp duty" for the words "forty five
rupees, thirty naye paise for every 10,000” the words "One thousand rupees, ten rupees for every Rs.
20,000" shall be substituted.
(c) for the existing clause (b-1), the following clauses shall be Substituted, namely :—
-----
|“(b-1) If relating to the sale of an immovable property where possession is not admitted to have been delivered nor is agreed to be delivered Without executing the conveyance :|The same duty as on conveyance [No. 23 clause (a)] on one half of the amount of consideration as set forth in the agreement."|
|---|---|
|Provided that when conveyance in pursuance of such agreement is executed. The duty paid under this clause in excess of the duty payable under clause (c) shall be adjusted towards the total duty 'payable on the conveyance."||
|"(b-2) If relating to construction of a building on a land by a person other than the owner or lessee of such land and having a stipulation that after construction, such building shall be held jointly or severally by that other person and the owner or the lessee, as the case may be, of such land or that it shall be sold jointly or severally by them or that a part of it shall be held jointly or severally by them and the remaining paid thereof shall be sold jointly or severally by them.|The same duty as a conveyance (No. 23 clause (a)] for a consideration equal to the amount or value of the land.|
_Explanations— For the purpose of this clause :—_
(1) the expression "land” shall include things attached to the earth, or permanently fastened to
anything attached to the earth ;
(2) the expression “lessee" shall mean a holder of a lease in perpetuity or for a perpetuity or for a
period or thirty years or more.
(3) the expression “” shall mean a building having more than one flat or office accommodation or
both and the expression “flat” shall have the meaning assigned to it in the Uttar Pradesh Ownership of
Flats Act, 1975.”
[Vide Uttar Pradesh Act 22 of 1998, s. 13]
**Amendment of Article 6.—In the said Schedule, in Article 6 (Agreement relating to deposit of title,**
deeds pawn or pledge) in clause (2), for sub-clause (a). the following sub-clause be substituted, namely
:—
"(a) if such loan or debt is repayable on demand or more than three months from the date of the
instrument evidencing the agreement :
For every Rs. 1000 or part thereof of the amount of loan or debt. Twenty rupees
_Explanation— For the purpose of clause (1) of this Article, any letter, note or memorandum or_
writing, relating, to the deposit of title deeds whether written or made before, or at the time of, or
after, the deposit of title deeds is effected, and whether it is in respect of the first loan or any
subsequent loan, such letter, note, memorandum or writing shall ; in the absence of any separate
agreement relating to deposit of deeds, be deemed to be an instrument evidencing an agreement
relating to the deposit of title deeds."
[Vide Uttar Pradesh Act 22 of 1998, s. 14]
**Amendment of Article 9.— In the said Schedule, in Article 9 (Apprenticeship deed), in the column**
relating to the "proper stamp duty", for the words "Twelve rupees" the words "Twenty rupees" shall be
substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 15]
-----
**Amendment of Article 10.—** In the said Schedule, in Article 10 (Articles of Association of a company),
in the column relating to the “proper stamp duty” for the words “Three hundred rupees” the words “Five
hundred rupees” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 16]
**Amendment of Article 12.— the said Schedule, in Article 12 (Award), in clause (b), in the column**
relating to the “proper stamp duty” for the words “One rupee and fifty naye paise” the words “Ten
rupees” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 17]
**Insertion of new Article 12-A.—In the said Schedule after Article 12, the following Article shall be**
inserted, namely :—
“12-A. Bank Guarantee— Guarantee deed Fifty rupees.
executed by a Bank as a surely to secure
The due performance or a contract or the
due discharge of a liability for every Rs.
1000 or part thereof.
[Vide Uttar Pradesh Act 22 of 1998, s. 18]
**Substitution of Article 15.— In the said Schedule, for Article 15 (Bond), the following Article shall be**
substituted, namely :—
## “15. BOND as defined by section 2(5) not being a Debenture (No. 27) and not being otherwise provided
for by this Act, or by the Court Fees Act, 1870.
Where the amount or value secured does Ten rupees
not exceed Rs. 100/
and for every additional Rs. 1,000 or part Seventy rupees
thereof in excess Rs. 1,000/
[Vide Uttar Pradesh Act 22 of 1998, s. 19]
**Amendment of Article 17.— In the said Schedule, in Article 17 (cancellation), in the column relating to**
the "proper stamp duty", for the words "Twenty-five rupees" the words "one hundred rupees" shall be
substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 20]
**Amendment of Article 18.—In the said Schedule, in Article 18 (certificate of sale), in the column**
relating to the "proper stamp duty", for the words and figure “No. 23” the words and figure "No. 23
clause (a)" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 21]
**Amendment of Article 19.—In the said Schedule, in Article 19 (Certificate of other Document), in the**
column relating to the "proper stamp duty", for the words "Fifty paise" the words "one rupees" shall be
substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 22]
**Amendment of Article 20.— In the said Schedule, in Article 20 (Chartered Party), in the column relating**
to the "proper stamp duty", for the words "Six rupees" the words "Ten rupees" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 23]
**Substitution of Article 23.— In the said Schedule, for Article 23 (Conveyance) the following Article**
shall be substituted, namely :—
|“12-A. Bank Guarantee— Guarantee deed executed by a Bank as a surely to secure|Fifty rupees.|
|---|---|
|The due performance or a contract or the due discharge of a liability for every Rs. 1000 or part thereof.||
|Where the amount or value secured does not exceed Rs. 100/-|Ten rupees|
|---|---|
|and for every additional Rs. 1,000 or part thereof in excess Rs. 1,000/-|Seventy rupees|
-----
|“23. CONVEYANCE as defined by section 2 (10) not being a Transfer charged or substituted under No. 62 —|Col2|
|---|---|
|(a) If relating to immovable property where the amount or value of the consideration of such conveyance at set forth therein or the market value of the immovable property which is the subject of such conveyance, whichever is greater does not exceed Rs. 500/-|Sixty rupees|
|Where it exceeds Rs. 500/-|One hundred and twenty-five rupees|
|but does not exceed Rs. 1,000/-|One hundred and twenty-five rupees|
|and for every Rs. 1,000/-||
|or part thereof in excess of Rs. 1,000/-|Provided that the duty payable shall be rounded off to the next multiple of ten rupees.|
|(b) if relating to movable property- where the amount or value of the consideration of such conveyance as set forth therein does not exceed Rs. 1,000/-|Twenty rupees|
|and for every Rs. 1,000/-|Twenty rupees|
|or part thereof in excess of Rs. 1,000/-||
EXEMPTION:-
Assignment of copy-right in musical works by resident of or first published in India.
Explanation :—For the purposes of this Article, in the case of an agreement to sell an immovable
property, where possession is delivered before the execution or at the time of execution, or is agreed to be
delivered without executing the conveyance, the agreement shall be deemed to be a conveyance and
stamp duty thereon shall be payable accordingly ;
Provided that the provisions of section 47-A shall mutatis mutandis apply to such agreement ;
Provided further that when conveyance in pursuance of-such agreement is executed, the stamp duty
paid on the agreement shall be adjusted towards the total duty payable on the conveyance.
[Vide Uttar Pradesh Act 22 of 1998, s. 24]
**Amendment of Article 24.— In the said Schedule, for Article 24 (copy or extract) the following Article**
shall be substituted, namely :—
“24. Copy or Extract certified to be a true-copy or extract by or by order of any public officer and not
chargeable under the law for the time being in force relating to court-fees —
(i) if the original was not chargeable with duty or
Ten rupees
if the duty with which it was chargeable does not
exceed ten rupees ;
(ii) in any other case not falling within the
Ten rupees
provisions of Section 6-A.
EXEMPTION :—
(a) Copy of any paper which a public officer is expressly required by law to make or furnish
for record in any public office or for any public purpose ;
(b) Copy of, or extract from, any register relating to births, baptisms namings, dedications,
marriages, divorces, deaths or burials.”
[Vide Uttar Pradesh Act 22 of 1998, s. 25]
|(i) if the original was not chargeable with duty or if the duty with which it was chargeable does not exceed ten rupees ;|Ten rupees|
|---|---|
|(ii) in any other case not falling within the provisions of Section 6-A.|Ten rupees|
-----
**Amendment of Article 28.—In the said Schedule, in Article 28 (Delivery order in respect of goods), in**
the column relating to the "description of, instrument" for the words "twenty rupees" the Words "one
thousand rupees" and in the column relating to the "proper stamp-duty" for the words "Fifty paise" the
words 'Ten rupees" shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 26]
**Amendment of Article 29.—In the said Schedule, in Article 29 (Divorce) in the column relating to the**
"proper Stamp duty" for the words. "Twenty-five rupees" the word "Fifty rupees" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 27]
**Amendment of Article 31, 32, 33.-- In the said Schedule, in Article 31 (Exchange of Property), 32**
(Further charge) and 33 (Gift), in the column relating to the "proper stamp duty" for the word and figures
"No. 23" wherever occurring the words and figure "No. 23 clause (a)” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 28]
**Substitution of Article 34-A.— In the said Schedule, for Article 39-A (instrument), the following Article**
shall be substituted, namely:—
“34—A. INSTRUMENT correcting a Ten rupees”
purely clerical error in an instrument
chargeable with duty and in respect of
which the proper duty has been paid.
[Vide Uttar Pradesh Act 22 of 1998, s. 29]
**Amendment of Article 35.—In the said Schedule, in Article 35 (Lease) —**
(a) in clause (a), in sub-clauses (ii), (iii), (iv), (v), (vi), (vii) and (viii), in the column relating to
the "proper stamp duty", for the word and figure "No. 23" wherever accruing the words and figure
"No. 23 clause (a)" shall be substituted ;
(b) in clause (b), in the column relating to the "proper stamp duty" for the word and figure "No.
23" the words and figure "No. 23 clause (a)” shall be substituted:
(c) in clause (c), in column relating to the "proper stamp duty", for the word and figure "No. 23"
the words and figure "No. 23 clause (a)" and for the words “Five rupees” the words “Ten rupees”
shall be substituted ;
(d) after the existing proviso, the following proviso shall be inserted, namely :—
"Provided further that where the lease purpose to letting of a building or flat for a term not
exceeding five years, the duty shall, subject to a minimum of rupees one hundred and a maximum of
rupees ten thousand, be chargeable at the rate of two per cent of the whole amount of the rent which
would be paid or delivered for the entire term of the lease and the amount of fine or premium or
money advanced, if any, as set forth in the lease and it shall be rounded off to the next multiple of
rupees ten."
(e) after explanation (4) the following explanation shall be inserted, namely:—
“(5) For the purpose of second proviso the expressions “building” and “flat” shall have the
meanings respectively assigned to them in explanation (3) to clause (b-2) of Article 5.”
[Vide Uttar Pradesh Act 22 of 1998, s. 30]
**Amendment of Article 36.— In the said Schedule, in Article 36 (Letter of Allotment of shares) in the**
column relating to the “proper stamp duty”, for the words “Fifty paise” the words “one rupee” shall be
substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 31]
|“34—A. INSTRUMENT correcting a purely clerical error in an instrument chargeable with duty and in respect of which the proper duty has been paid.|Ten rupees”|
|---|---|
-----
**Amendment of Article 39.— In the said Schedule, in Article 39 (MEMORANDUM OF**
ASSOCIATION OF A COMPANY), —
(a) in clause (a), in the column relating to the “proper stamp duty”, for the words “two hundred
rupees”, the words “Five hundred rupees” shall be substituted ;
(b) In clause (b), in the column relating to the “proper stamp duty”, for the words, “five hundred
rupees”, the words “one thousand rupees” shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 32]
**Amendment of Article 40.— In the said Schedule, in Article 40 (Mortgage-deed), —**
(a) in clause (a), in the column relating to the “proper stamp duty”, for the words and figure “No.
23”, the words and figure “No. 23 clause (a)” shall be substituted ;
(b) in clause (c), in the column relating to the “proper stamp duty”, for the words “two rupees and
twenty five naye paise” wherever occurring the words “Ten rupees” shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 33]
**Amendment of Article 41.— In the said Schedule, in Article 41 (Mortgage of a crop) —**
(a) in clause (a), —
(i) in the column relating to the “description of instrument”, for the words and figure “Rs. 200”,
wherever occurring the word and figure “Rs. 6000” shall be substituted ;
(ii) in the column relating to the “proper stamp duty”, for the words “Thirty five naye paise”,
wherever occurring the word and figure “Ten rupees” shall be substituted ;
(b) in clause (b), —
(i) in the column relating to the “description of instrument”, for the words and figure “Rs. 100”,
wherever occurring the word and figure “Rs. 3000” shall be substituted ;
(ii) in the column relating to the “proper stamp duty”, for the words “Sixty Naye paise”, wherever
occurring the word “Twenty rupees” shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 34]
**Amendment of Article 42.— In the said Schedule, in Article 42 (Notarial Act) in the column relating**
to the “proper stamp-duty”, for the words “Three rupees and fifty naye paise”, the words “Ten rupees”
shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 35]
**Amendment of Article 43.—In the said Schedule, in Article 43 (Note or Memorandum),—**
(a) in column relating to the “description of instrument”, for the words “Twenty rupees”, wherever
occurring the words “Two hundred rupees” shall be substituted ;
(b) in clause (a), in the column relating to the “proper stamp duty”, for the words “One rupees” the
words “Ten rupees” shall be substituted ;
(c) in clause (b), in the column relating to the “proper stamp duty”, for the words and figure “seventy
five rupees ; one rupee for every Rs. 10,000”, the words and figure “one thousand rupees ; ten rupees for
every Rs. 20,000” shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 36]
**Amendment of Article 44.— In the said Schedule, in Article 44 (Note of Protest) in the column**
relating to the “proper stamp-duty”, for the words “Three rupees”, the words “Ten rupees” shall be
substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 37]
-----
**Amendment of Article 45.—In the said Schedule, in Article 45 Partition in the column relating to**
the “proper stamp-duty”, for the words “five rupees”, wherever occurring the words “Ten rupees” shall be
substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 38]
**Amendment of Article 46.— In the said Schedule, in Article 46 (Partnership), —**
(a) in part A, for the word and figure “Rs. 4000”, wherever occurring, the word and figure “Rs.
10,000” shall be substituted ;
(b) in part B, in the column relating to, the "proper stamp duty", for the words and figure "the
same duty as a Bond (No. 15) for Rs. 1,000", the Words "one hundred rupees" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 39]
**Amendment of Article 48.—In the said Schedule, in Article 48 (Power of Attorney), —**
(a) in clause (a), in the column relating the “proper stamp duty”, for the words “Three rupees” the
word “Ten rupees” shall be substituted ;
(b) in clause (b), in the column relating to the "proper stamp duty", for the words "Ten rupees",
the Words "Twenty rupees" shall be substituted.
(c) in clause (c), in the column relating to the "proper stamp duty", for the word and figure "No.
23" the Words and figure "No. 23 clause (a)" shall be substituted.
(d) in clause (ee), in the column relating to the "proper stamp duty", for the word and figure "No.
23" the Words and figure "No. 23 clause (a)" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 40]
**Amendment of Article 50.— In the said Schedule, in Article 50 (Protest of bill or note), in the**
column relating to the “proper stamp-duty”, for the words “Five rupees”, the words “ten rupees” shall be
substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 41]
**Amendment of Article 51.—In the said Schedule, in Article 51 (Protest by the Master of a ship), in**
the column relating to the “proper stamp-duty”, for the words “five rupees”, the words “ten rupees” shall
be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 42]
**Amendment of Article 54.—In the said Schedule, in Article 54 (Re-conveyance of Mortgaged**
Property) in the column relating to the “proper stamp-duty”, for the word and figure “No. 23” wherever
occurring the word and figure “No. 23 clause (a)” shall be substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 43]
**Amendment of Article 57.— In the said Schedule, in Article 57 (Security-Bond or Mortgage-Deed), —**
(a) in clause (a), in the column relating to the "description of instrument" for the word and figure
"Rs. 1000" the word and figure "Rs. 100" and in the column relating to the “proper stamp duty”, for
the words and figure “The same duty as a Bond (No. 15) for the amount secured” the words “Ten
rupees” shall be substituted.
(b) in clause (b), in the column relating to the "proper stamp duty", for the word and figure "The
same duty as a Bond (No. 15) for Rs. 1000" the words "One hundred rupees" shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 44]
**Amendment of Article 58.—In the said Schedule, in Article 58 (Settlement) in part A, in the**
column relating to the “proper stamp-duty”, for the words “five rupees” the words “ten rupees” shall be
substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 45]
-----
**Amendment of Article 60.—In the said Schedule, in Article 60 (Shipping Order), in the column**
relating to the “proper stamp duty”, for the words “Fifty paise” the words “Ten rupees” shall be
substituted ;
[Vide Uttar Pradesh Act 22 of 1998, s. 46]
**Substitution of Article 61.—In the said Schedule, in Article 61 (Surrender of lease), the following**
Article shall be substituted, namely :—
“61. SURRENDER OF LEASE The same duty as a Bond (No. 15) for a
consideration of Rs. 1000 or the duty with which
such lease is chargeable whichever is less ;
Provided that the duty payable shall be rounded off
to the next multiple or ten rupees.
EXEMPTION
Surrender of lease where such lease is exempted from duty.”
[Vide Uttar Pradesh Act 22 of 1998, s. 47]
**Amendment of Article 62.—In the said Schedule, in Article 62 (Transfer), —**
(a) for clause (b), following clause shall be substituted, namely:—
|“(b) of debentures, being marketable securities whether the debenture is liable to duty or not, except debentures provided for by section 8 ;|Col2|
|---|---|
|When the value of the share or the face amount of the debentures not exceed Rs. 500 ;|Ten rupees|
|Where it exceeds Rs. 500 but does not exceed Rs. 1,000 ;|Twenty rupees|
|And for every rs..500 or ten rupees part thereof in excess of Rs: 1,000:|ten rupees|
|(b) in clause (c)— (i) for sub clause (i), the following sub clause shall be substituted namely:-||
|“ (i) if the duty on such bond, mortgage Deed or policy does not exceed one hundred Rupees;|the duty with which such bond, mortgage-deed or policy is chargeable; provided that the duty payable shall be rounded off to the next multiple of ten rupees;”|
|(ii)- in sub clause (ii) in the column relating to the “proper stamp duty” for the words “Seventy Five rupees” shall be substituted and after the proviso the following proviso shall be inserted,at the end namely:-||
|“provided further that the duty payable shall be rounded off to the next multiple of ten rupees:-||
-----
(c) in clause (d), in the column relating to the “proper stamp duty” for the words “ Sixty-seven rupees
and fifty paise” the words “One hundred ripees” shall be substituted;
(d) in clause (e), in the column relating to the “proper stamp duty” for the words “ Thirty four rupees
or such smaller amount as may be chargeable under clauses (b) and (c) of this Article”, the words
“seventy rupees” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 48]
In the said Schedule, in Article 63(Transfer of lease), in the column relating to the “proper stamp duty”
for word and figure “No 23” the words and figure No “23 clause(a)” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 49]
In the said Schedule, in Article 64(Trust), in part A, in clause (b), in the column relating to the “proper
stamp duty” for the words “Three rupees” the words “Ten rupees” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 50]
In the said Schedule, in Article 65(Warrant of goods), in the column relating to the “proper stamp
duty” for the words “Three rupees” the words “Ten rupees” shall be substituted.
[Vide Uttar Pradesh Act 22 of 1998, s. 51]
**Amendment of Article 3 of Schedule 1-B to Act no. 2 of 1899.—** In Schedule I-B to the Indian
Stamp Act, 1899, hereinafter referred to as the said Schedule, in Article 3 (Adoption-Deed), in the
column relating to the "Proper Stamp Duty" for the words "seventy-five rupees," the words “one hundred
rupees" shall be substituted.
[Vide Uttar Pradesh Act 23 of 1988, s. 2]
**Amendment of Article 6 of the said Schedule.—In the said Schedule, in Article 6 (Agreement**
relating to deposit of title deeds, pawn or pledge), in clause (2), in sub-clause (a), in the column relating to
the "Proper stamp duty" for the figures set out in column 1 of the table below, be figures set out
respectively against them in column 2 thereof Shall be substituted, namely :
|COLUMN 1 (Existing figures)|COLUMN 2 (figures to be substituted)|
|---|---|
|Rs. P.|Rs. P.|
|1 50|3 00|
|3 00|6 00|
|4 50|9 00|
|6 00|12 00|
|7 50|15 00|
|9 00|18 00|
|12 00|24 00|
|18 75|37 50|
|37 50|75 00|
|56 25|112 50|
|75 00 112 50|150 00 225 00|
|150 00|300 00|
-----
|187 50|375 00|
|---|---|
|225 00|450 00|
|75 00|150 00|
[Vide Uttar Pradesh Act 23 of 1988, s. 3]
**Amendment of Article 15 of the said Schedule .—** In the said Schedule, in Article 15, (Bond), in
the column relating to the "Proper stamp duty", for the words set out in column 1 of the table below, the
words set out respectively against them in Column 2 thereof shall be substituted, namely :—
COLUMN 1 COLUMN 2
(Existing words) (Words to be substituted)
One rupee One rupee and fifty paise
Two rupees and fifty paise Three rupees
Four rupees and seventy-five paise Five rupees and fifty paise
Nine rupees and fifty paise Eleven rupees
Fourteen rupees and twenty-five paise Sixteen rupees and fifty paise
Nineteen rupee Twenty-two rupees
Twenty-three rupees and seventy-five Twenty-seven rupees and fifty paise
paise
Twenty-eight rupees and fifty paise Thirty-three rupees
Thirty-three rupees and twenty-five Thirty-eight rupees and fifty paise
paise
Thirty-eight rupees Forty-four rupees
Forty-two rupees and seventy-five Forty-nine rupees and fifty paise
paise
Forty-seven rupees and fifty paise Fifty-five rupees
Twenty-three rupees and seventy-five Twenty-seven rupees and 'fifty
paise paise.
[Vide Uttar Pradesh Act 23of 1988, s. 4]
**Amendment of Article 23 of the said Schedule.— In the said Schedule, in Article 23,**
(Conveyance), in the column relating to the "Proper stamp duty", for the figures set out in column 1 of the
table below, the figures set out respectively against them in Column 2 thereof shall be substituted, namely
:—
|COLUMN 1 (Existing words)|C O L U MN 2 (Words to be substituted)|
|---|---|
|One rupee|One rupee and fifty paise|
|Two rupees and fifty paise|Three rupees|
|Four rupees and seventy-five paise|Five rupees and fifty paise|
|Nine rupees and fifty paise|Eleven rupees|
|Fourteen rupees and twenty-five paise|Sixteen rupees and fifty paise|
|Nineteen rupee|Twenty-two rupees|
|Twenty-three rupees and seventy-five paise|Twenty-seven rupees and fifty paise|
|Twenty-eight rupees and fifty paise|Thirty-three rupees|
|Thirty-three rupees and twenty-five paise|Thirty-eight rupees and fifty paise|
|Thirty-eight rupees|Forty-four rupees|
|Forty-two rupees and seventy-five paise|Forty-nine rupees and fifty paise|
|Forty-seven rupees and fifty paise|Fifty-five rupees|
|Twenty-three rupees and seventy-five paise|Twenty-seven rupees and 'fifty paise.|
-----
_Column 1 Column 2_
Rs. P.
4 75
9 50
19 00
28 50
38 00
47 50
57 00
66 50
76 00
85 50
95 00
47 50
[Vide Uttar Pradesh Act 23 of 1988, s. 5]
Rs. P.
6 25
12 50
25 00
37 50
50 00
62 50
75 00
87 50
100 00
112 50
125 00
62 50
**Substitution of Article 24 of the said Schedule.—** In the said Schedule, for Article 24, (Copy or extract), the
following Article shall be substituted, namely :—
|“24. Copy or extract certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court-fees—|Col2|
|---|---|
|(i) if the original was not chargeable with duty or if the duty with Which it was chargeable does not exceed three rupees.|Two rupees and twenty-five paise when the copy or extract is of an agricultural lease or of a mortgage deed or sale-deed of agricultural land ; in any other case, five rupees.|
|(ii) in any other case not falling within the provisions of section 6-A.|Three rupees, when the copy or extract is of an agricultural lease or of a mortgage-deed or sale-deed of agricultural land and the value of the subject-matter of the original does not exceed one-thousand rupees ; in any other case ten rupees.|
|or Exemption||
|(a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public||
-----
|office or for any public purpose|Col2|
|---|---|
|(b) Copy of, or extract from, any register relating to births, baptisms, naming dedications, marriages, divorces, deaths or burials."||
[Vide Uttar Pradesh Act 23 of 1988, s. 6]
**In the said Schedule; in Article 48 (Power of Attorney) –**
(a) in clause (b), in the column relating to "Proper stamp duty." for the words "Six rupees" the words
"Ten rupees" shall be substituted;
(b) in clause (c), in the column relating to “Proper stamp duty” for the words “Twenty-four rupees"
the words. "Fifty rupees" shall be, substituted ;
(c) in clause (d), in the column relating to "Proper stamp duty" for the words "Forty-eight rupees" the
words "One hundred rupees" shall be substituted ;
(d) In clause (f), in the column relating to "Proper stamp duty” for the word “Six rupees" the words
"Ten rupees" shall be substituted ;
[Vide Uttar Pradesh Act 23 of 1988, s. 7]
**Amendment of Schedule 1-B to Act no. II of 1899.—In Schedule I-B to the Indian Stamp Act, 1899—**
(a) in Article 15 (Bond), in the column relating to the "Proper Stamp Duty", for the words set out in
column 1 of the table below, the words set out respectively against them in column 2 of the table below,
shall be substituted, namely :
COLUMN 1 COLUMN 2
(Existing words) (Words to be substitute
Fifty paise
Two rupees
Four rupees and twenty-five paise
Eight rupees and fifty paise
Twelve rupees and seventy-five paise
Seventeen rupees
Twenty-one rupees and twenty-five paise
Twenty-five rupees and fifty paise
Twenty-nine rupees and seventyfive paise
Thirty-four rupees
Thirty-eight rupees and twentyfive paise
Forty-two rupees and fifty paise
One rupee
Two rupees and fifty paise
Four rupees and seventy five paise
Nine rupees and fifty paise
Fourteen rupees and twenty five paise
Nineteen rupees
Twenty-three rupees and seventy five paise.
Twenty-eight rupees and fifty paise
Thirty-three rupees and twenty five
paise
Thirty eight rupees
Forty-two rupees and seventy-five paise
Forty-seven rupees and fifty paise
Twenty-three rupees and seventy- five
-----
Twenty-one rupees and twentyfive paise
paise.
(b) in Article 23 (Conveyance), in the column relating to "Proper Stamp Duty", for the figures set out
in column 1 of the table below, the figures set out respectively again them in column 2 of the table below,
shall be substituted, namely :—
COLUMN 1 COLUMN 2
(Existing figures) ( figures to be substituted)
Rs. P.
4 00
8 50
17 00
25 50
34 00
42 50
51 00
59 50
68 00
76 50
85 00
42 50
[Vide Uttar Pradesh Act 32 of 1985, s. 2]
**Uttar Pradesh**
Rs. P.
4 75
9 50
19 00
28 50
38 00
47 50
57 00
66 50
76 00
85 50
95 00
47 50
**Insertion of new article 38A.—In Schedule I-B to the Indian Stamp Act, 1899 after article 38, the**
following article shall be inserted, namely:-
**“38-A. Licence relating to arms or ammunitions, that is to say, document evidencing the licence or**
renewal of licence relating to arms or ammunitions under the provisions of the Arms Act, 1959 (Act No.
54 of 1959),-
|of 1959),--|Col2|
|---|---|
|(A) Licence relating to following arms:||
|(i) Revolvers or Pistols|Two thousand rupees|
|(ii) Rifles|One thousand five hundred rupees|
|(iii) DBBL Weapons|One thousand rupees|
|(iv) SBBL Weapons|One thousand rupees|
|(v) ML Weapons|Two hundred rupees|
|(b) Licence relating to arms or ammunitions on following Forms as set out in Schedule III to the Arms Rules, 1962:||
|(i) Form XI|Ten thousand rupees|
|(ii) Form XII|Ten thousand rupees|
|(iii) Form XIII|Five thousand rupees|
|(iv) Form XIV|Three thousand rupees|
|(c) Renewal of licence relating to following arms:||
|(i) Revolvers or Pistols|One thousand rupees|
-----
|(ii) Rifles|Seven hundred fifty rupees|
|---|---|
|(iii) DBBL Weapons|Five hundred rupees|
|(iv) SBBL Weapons|Five hundred rupees|
|(v) ML Weapons|Five hundred rupees|
|(d) Renewal of licence relating to arms or ammunitions on following Forms as set out in Schedule III to the Arms Rules, 1962:||
|(i) Form XI|Three thousand rupees|
|(ii) Form XII|Three thousand rupees|
|(iii) Form XIII|Two thousand rupees|
|(iv) Form XIV|One thousand rupees.|
[Vide Uttar Pradesh Act 23 of 1998, s. 2]
**Haryana**
**Amendment of Schedule I -A to Central Act 2 of 1899.—In Schedule I -A to the Indian Stamp Act,**
1899, under column "Proper Stamp Duty",-
(I) against article 4, for the words "Three rupees", the words "Ten rupees" shall be substituted;
(II) against article 48—
(1) against clause (c), for the words "Three rupees", the words "One hundred rupees" shall be
substituted ; and
(ii) against clause (d), for the words "Fifteen rupees", the words "Three hundred rupees" shall be
substituted.
[Vide Haryana Act 21 of 2006, s. 2]
**Amendment of Schedule I-A to Central Act 2 of 1899.—In Schedule 1-A to the Indian Stamp Act,**
1899, for entry 23, the following entry shall be substituted, namely :—
|Description of Instrument|Proper Stamp Duty|Col3|
|---|---|---|
|"23. Conveyance as defined in section 2(10) not being a transfer charged or exempted under entry No. 62|Where conveyance amounts to sale of immovable property|Other conveyance|
||(a)|(b)|
|1|2|3|
|where the value or amount of the consideration for such conveyance as set forth therein does not exceed fifty rupees|two rupees and fifty paise|one rupee and fifty paise|
|where it exceeds fifty rupees but does not exceed one hundred rupees|five rupees|three rupees|
|where it exceeds one hundred rupees but does not exceed two hundred rupees|ten rupees|six rupees|
|where it exceeds two rupees rupees but does not exceed three hundred rupees|fifteen rupees|hundred nine|
|where it exceeds three hundred rupees but does not exceed four hundred rupees|twenty rupees|twelve rupees|
|where it exceeds four hundred rupees but does not exceed five hundred rupees|twenty-five rupees|fifteen rupees|
|where it exceeds five hundred|thirty rupees|eighteen rupees|
-----
|rupees but does not exceed six hundred rupees|Col2|Col3|
|---|---|---|
|where it exceeds six hundred but does not exceed rupees seven hundred rupees|thirty-five rupees|twenty-one rupees|
|where it exceeds seven hundred but does not exceed rupees eight hundred rupees|forty rupees|twenty-four rupees|
|where it exceeds eight hundred but does not exceed rupees nine hundred rupees|forty-five rupees|twenty-seven rupees|
|where it exceeds nine hundred but does not exceed one thousand rupees|fifty rupees|thirty rupees rupees|
|and for every five hundred rupees or part thereof in excess of one thousand rupees|twenty-five rupees|fifteen rupees".|
[Vide Haryana Act 32 of 2008, s. 2]
**Amendment of Article 5 of Schedule IA to Central Act 4 of 1899.—In Schedule IA to the Indian Stamp**
Act, 1899 (hereinafter called the principal Act), in Article 5, after clause (c), the following clause shall **be**
added, namely :—
(I ) (2)
"(d) If relating to giving authority or power The same duty as is leviable on a conveyance
to a promoter or a developer, by whatever against article No. 23 on the market value of the
name called, for construction on, property mentioned in agreement.",
development of or, sale transfer (in any
manner whatsoever) of. any immovable
property.
**Amendment to Schedule IA 10 Central Act 2 of 1899.—** In Schedule I -A to the principal Act, under
column “Proper Stamp Duty".—
(I) against article 19, for the existing entry, the following entry shall he substituted, namely: -
"One rupee for every one thousand or a part thereof, of the value of the shares, scrip or
stock.";
(ii) against article 27—
(a) in clause- (a), for the existing entry, the fo11owing entry shall be substituted, namely:
"0.05';ir per year of the face value of the debenture. Subject to the maximum of 0.25%.";
(b) in clause (b), for the existing entry, the following entry shall be substituted, namely:—
"0.05% per year of the face value of the debenture, subject to the maximum of 0.25%.";
(iii) against article 48—
(a) in clause (a), for the existing entry, the following entry shall be substituted, namely:—
"Three hundred rupees.";
(b) in clause (b), for the existing entry, the following entry shall be substituted, namely:—
"Three hundred rupees.";
in clause (c), for the existing entry, the following entry shall be substituted, namely:—
"Three hundred rupees.";
(d) in clause (d), for the existing entry, the following entry shall be substituted, namely: —
|(I )|(2)|
|---|---|
|"(d) If relating to giving authority or power to a promoter or a developer, by whatever name called, for construction on, development of or, sale transfer (in any manner whatsoever) of. any immovable property.|The same duty as is leviable on a conveyance against article No. 23 on the market value of the property mentioned in agreement.",|
-----
"Five hundred rupees.";
CO in clause (e), for the existing entry, the following entry shall be substituted, namely:-
"One thousand rupees."; and
(f) in clause (g), for the existing entry, the following entry shall be substituted, namely:.—
"One hundred rupees for each person authorized.
[Vide Haryana Act 17 of 2013, s. 3]
**Amendment of Schedule 1-A to Central Act 2 of 1899.—In Schedule 1-A to the Indian Stamp Act,**
1899, for the -existing article 55, the following article shall be substituted, namely :—
**(1)** **(2)**
“55. Release, that is to say any instrument (not
being such a release as is provided for by section
23-A) whereby any person renounces his interest,
share, part or claim :—
**(a) if the release is made of ancestral property in** Fifteen rupees.
favour of brother or sister (children of renouncer's
parents) OP son or daughter or father or mother or
spouse or grand children or nephew or niece or coparcener of the renouncer ;
(b) in any other ease The same duty as a Conveyance Po. 23(a) relating,
to sale of immovable property] for the - amount
equal to the market value of the share, interest, part
of claim renounced.".
[Vide Haryana Act 10 of 2000, s. 2]
**Amendment of Schedule 1-A to central Act 2 of 1899.—In schedule 1-A to the Indian Stamp Act,**
1899,-(a) for entry 23, the following entry shall be substituted, namely :-
|(1)|(2)|
|---|---|
|“55. Release, that is to say any instrument (not being such a release as is provided for by section 23-A) whereby any person renounces his interest, share, part or claim :—||
|(a) if the release is made of ancestral property in favour of brother or sister (children of renouncer's parents) OP son or daughter or father or mother or spouse or grand children or nephew or niece or co- parcener of the renouncer ;|Fifteen rupees.|
|(b) in any other ease|The same duty as a Conveyance Po. 23(a) relating, to sale of immovable property] for the - amount equal to the market value of the share, interest, part of claim renounced.".|
|mendment of Schedule 1-A to central 899,-- ) for entry 23, the following entry shall be|Act 2 of 1899.—In schedule 1- substituted, namely :--|-A to the Indian Stamp Act,|
|---|---|---|
|Description of instrument|Proper Stamp Duty||
|“23. Conveyance as defined in section 2 (10) not being a transfer charged or exempted under entry No.62.”|Where conveyance amounts to sale of immovable property|Other conveyance|
||(a)|(b)|
|1|2|3|
|where the value or amount of the consideration for such conveyance as set forth therein does not exceed fifty rupees|three rupees|one rupees fifty paise|
|where it exceeds fifty rupees but does not exceed one hundred rupees|Six rupees|three rupees|
|Where it exceeds one hundred rupees but does not exceed two hundred rupees|Twelve rupees|Six rupees|
|Where it exceeds two hundred rupees, but does not exceed three hundred rupees|Eighteen rupees|Nine rupees|
|Where it exceeds three hundred rupees but does not exceed five hundred rupees|Thirty rupees|Fifteen rupees|
-----
|Where it exceeds five hundred rupees but does not exceed six hundred rupees|Thirty six rupees|Eighteen rupees|
|---|---|---|
|Where it exceeds six hundred rupees but does not exceed seven hundred rupees|Forty-eight rupees|Twenty-one rupees|
|Where it exceeds seven hundred rupees but does not exceed eight hundred rupees|Forty-eight rupees|Twenty-four rupees|
|Where it exceeds eight hundred rupees but does not exceed nine hundred rupees|Sixty rupees|Thirty rupees|
|Where it exceeds nice hundred rupees but does not exceed one thousand rupees|Sixty rupees|Thirty rupees|
|and for every five hundred rupees or party thereof in excess of one thousand rupees|Thirty rupees|Fifteen rupees|
[Vide Haryana Act 1 of 2004, s. 2]
**Amendment of Schedule I-A to Central Act 2 of 1899.— In Schedule I-A to the Indian Stamp Act,**
1899,—
(a) for entry 23, the following entry shall be substituted, namely:-
|Description of instrument|Proper stamp duty|Col3|
|---|---|---|
|"23. Conveyance as defined by section 2(10) not being a transfer charged or exempted under No. 62.|Where conveyance amounts to sale of immovable property|Other conveyances|
||(a)|(b)|
|1|2|3|
|where the value or amount of the consideration for such conveyance as set forth therein does not exceed fifty rupees|six rupees and twenty-five paise|three rupees|
|where it exceeds fifty rupees but does not exceed one hundred rupees|twelve rupees and fifty paise|six rupees and twenty-five paise|
|where it exceeds one hundred rupees but does not exceed two hundred rupees|twenty-five rupees|twelve rupees and fifty paise|
|where it exceeds two hundred rupees but does not exceed three hundred rupees|thirty-seven rupees and fifty paise|eighteen rupees and seventy-five paise|
|where it exceeds three hundred rupees but does not exceed four hundred rupees|fifty rupees|twenty-five rupees|
|where it exceeds four hundred rupees but does not exceed five hundred rupees|sixty-two rupees and fifty paise|thirty-one rupees and twenty-five paise|
|where it exceeds five hundred rupees but does not exceed six hundred rupees|seventy-five rupees|thirty-seven rupees and fifty paise|
|where it exceeds six hundred rupees but does not exceed ,even hundred rupees|eighty-seven rupees and fifty paise|forty-three rupees and seventy-five paise|
|where it exceeds seven hundred rupees but does not exceed eight hundred rupees|one hundred rupees|fifty rupees|
|where it exceeds eight hundred rupees but does not exceed nine hundred rupees|one hundred twelve rupees and fifty|fifty-six rupees and twenty-five paise|
|where it exceeds nine hundred, rupees but does not exceed one thousand rupees|one hundred and twenty-five rupees|sixty-two rupees and fifty paise|
|And or every five hundred rupees or part thereof in excess of one thousand rupees|sixty-two rupees and fifty paise|thirty-one rupees and twenty-five paise|
-----
(b) in entry 40, for item (a), the following item shall be substituted, namely :—
**Description of Instrument** **Proper Stamp Duty**
(a) When possession of the property or any
part of the property comprised in such
deeds (liven by the mortgagor or agreed to
be given—
where the amount secured by such Three rupees
instrument does not exceed fifty rupees
where it exceeds fifty- rupees but does not six rupees and twenty five paise
exceed one hundred rupees
where it exceeds one hundred rupees but twelve rupees and fifty raise
does not exceed two hundred rupees
where it exceeds two hundred rupees but eighteen rupees and seventy-five paise
does not exceed three hundred rupees
where it exceeds three hundred rupees but twenty-five rupees
does not exceed four hundred rupees
where it exceeds four hundred rupees but thirty-one rupees and twenty-five paise
does not exceed five hundred rupees
where it exceeds five hundred rupees but thirty-seven rupees and fifty paise
does not exceed six hundred rupees
where it exceeds six hundred I means but forty-three rupees and seventy-five paise
does not exceed seven hundred rupees
where it exceeds seven hundred rupees but fifty rupees
does not exceed eight hundred rupees
where it exceeds eight hundred rupees but fifty-six rupees and twenty-five paise
does not exceed nine hundred rupees
where it exceeds nine hundred rupees but sixty-two rupees and fifty paise
does not exceed one thousand rupees
and for every five hundred rupees or part thirty-one rupees and twenty-five raise".
thereof in excess of one thousand rupees
[Vide Haryana Act 17 of 1979, s. 2]
**Amendment of Schedule 1-A to Central Act 2 of 1899.— In Schedule 1-A to the Indian Stamp**
Act, 1899, under column “Proper Stamp Duty”,
(a) against article 5,
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:
“One rupee for every 10,000/- or part thereof.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:
“Subject to a maximum of 1000/-, one rupee for every 10,000/- or part thereof of the
value of the security or share.”;
(b) against article 28, for the existing entry, the following entry shall be substituted, namely:
“One rupee.”;
(c) against article 36, for the existing entry, the following entry shall be substituted, namely:
“One rupee.”;
(d) against article 43,
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:
“One rupee.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:
|Description of Instrument|Proper Stamp Duty|
|---|---|
|(a) When possession of the property or any part of the property comprised in such deeds (liven by the mortgagor or agreed to be given—||
|where the amount secured by such instrument does not exceed fifty rupees|Three rupees|
|where it exceeds fifty- rupees but does not exceed one hundred rupees|six rupees and twenty five paise|
|where it exceeds one hundred rupees but does not exceed two hundred rupees|twelve rupees and fifty raise|
|where it exceeds two hundred rupees but does not exceed three hundred rupees|eighteen rupees and seventy-five paise|
|where it exceeds three hundred rupees but does not exceed four hundred rupees|twenty-five rupees|
|where it exceeds four hundred rupees but does not exceed five hundred rupees|thirty-one rupees and twenty-five paise|
|where it exceeds five hundred rupees but does not exceed six hundred rupees|thirty-seven rupees and fifty paise|
|where it exceeds six hundred I means but does not exceed seven hundred rupees|forty-three rupees and seventy-five paise|
|where it exceeds seven hundred rupees but does not exceed eight hundred rupees|fifty rupees|
|where it exceeds eight hundred rupees but does not exceed nine hundred rupees|fifty-six rupees and twenty-five paise|
|where it exceeds nine hundred rupees but does not exceed one thousand rupees|sixty-two rupees and fifty paise|
|and for every five hundred rupees or part thereof in excess of one thousand rupees|thirty-one rupees and twenty-five raise".|
-----
“One rupee for every 10,000/- or a part thereof, of the value of the security at the time of
its purchase or sale, as the case may be.”.
[Vide Haryana Act 24 of 2017, s. 2]
**Amendment of Schedule 1-A to Central Act 2 of 1899.— In Schedule 1-A to the Indian Stamp Act,**
1899, under column “Proper Stamp-Duty”,—
(a) against article 1, for the existing entry, the following entry shall be substituted, namely:—
“Ten rupees.”;
(b) against article 2, —
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:—
“One hundred rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:—
“One hundred rupees.”;
(c) against article 3, for the existing entry, the following entry shall be substituted, namely:—
“One thousand rupees.”;
(d) against article 5, in clause (c), for the existing entry, the following entry shall be substituted,
namely:-
“Two thousand rupees.”;
(e) against article 7, for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(f) against article 8,
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(g) against article 10,
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:
“One thousand rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:
“Two thousand rupees.”;
(h) against article 11, for the existing entry, the following entry shall be substituted, namely:
“Five hundred rupees.”;
(i) against article 12,
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:
“One percent of value of the property to which the award relates.”;
(ii) in clause (b), for the existing entries, the following entries shall be respectively
substituted, namely:
“One percent of value of the property to which the award relates.”;
(j) against article 17, for the existing entry, the following entry shall be substituted, namely:
“Five hundred rupees.”;
(k) against article 22, for the existing entry, the following entry shall be substituted, namely:
-----
“One hundred rupees.”;
(l) against article 24,
(i) in clause (i), for the existing entry, the following entry shall be substituted, namely:
“Ten rupees.”;
(ii) in clause (ii), for the existing entry, the following entry shall be substituted, namely:
“Ten rupees.”;
(m) against article 25,
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:
“Ten rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:
“Ten rupees.”;
(n) against article 26,
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(o) against article 29, for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(p) against article 34, for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(q) against article 39,
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:
“Five hundred rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:
“One thousand rupees.”;
(r) against article 42, for the existing entry, the following entry shall be substituted, namely:
“Ten rupees.”;
(s) against article 46,
(i) in clause A,
(a) in sub-clause (a), for the existing entry, the following entry shall be substituted,
namely:
“One thousand rupees.”;
(b) in sub-clause (b), for the existing entry, the following entry shall be substituted, namely:
“One thousand rupees.”;
(ii) in clause B, for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(t) against article 48, in clause (a), for the existing entry, the following entry shall be substituted,
namely:
“One thousand rupees.”;
-----
(u) against article 50, for the existing entry, the following entry shall be substituted, namely:
“Ten rupees.”;
(v) against article 57,
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(w) against article 60, for the existing entry, the following entry shall be substituted, namely:
“Ten rupees.”;
(x) against article 61,
(i) in clause (a), for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(ii) in clause (b), for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(y) against article 64,
(i) in clause A, for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(ii) in clause B, for the existing entry, the following entry shall be substituted, namely:
“One hundred rupees.”;
(z) against article 65, for the existing entry, the following entry shall be substituted, namely:
“Ten rupees.”.
[Vide Haryana Act 26 of 2018, s. 2]
**Amendment of Schedule 1-A to Central Act 2 of 1899.—In Schedule 1-A to the Indian Stamp Act,**
1899, under column “Proper Stamp”, against article 27, —
(a) in clause (a), for the existing entry, the following entry shall be substituted, namely:—
“0.05% per year of the face value of the debenture, subject to the maximum of 0.25% or rupees
twenty five lakhs whichever is lower.”.
(b) in clause (b), for the existing entry, the following entry shall be substituted, namely:—
“0.05% per year of the face value of the debenture, subject to the maximum of 0.05% or rupees
twenty five lakhs whichever is lower.”.
[Vide Haryana Act 3 of 2015, s. 2]
**Amendment of Schedule 1-A to Central Act 2 of 1899.—In Schedule 1-A to the Indian Stamp Act,**
1899, —
(i) In article 5, against clause (d), under column 2, for the existing entry, the following entry shall be
substituted, namely:
“Two per cent of the market value of the property or the amount of such consideration as set forth in
the collaboration Agreement, whichever is higher.”;
(ii) after article 23 and entries thereagainst, the following article and entries thereagainst shall be added,
namely:—
|“23A. Conveyance, so far as it relates to reconstruction or amalgamation or|1.5 per cent subject to an maximum of ₹ 7.5 crore on an amount of the market value of|Nil|
|---|---|---|
-----
|merger/de-merger of companies by an order of the High Court under section 394 of the Companies Act, 1956 (Central Act 1 of 1956) or reconstruction or amalgamation or merger/de-merger of companies under sections 232 and 233 of the Companies Act, 2013 (Central Act 18 of 2012) by the Tribunal.|the property or the amount of such consideration as set forth in the instrument or order, whichever is higher.”;|Col3|
|---|---|---|
(iii) against article 43, after clause (b) and entries the following clauses and entries thereagainst
shall be added, namely:-
“(c) in case of delivery One rupee for every ten thousand rupees or a part
thereof, subject to a maximum of five hundred
rupees.
(d) in case of non delivery and relating to Twenty paise for every ten thousand rupees or a
futures and options trading. part thereof, subject to a maximum of two hundred
rupees.
(e) if relating to forward contracts of One rupee for every one lakh rupees or a part
commodities traded through an thereof, subject to a maximum of five hundred
association or otherwise. rupees.”.
[Vide Haryana Act 29 of 2017, s. 2]
**Tripura**
**Amendment of Schedule:--For items Nos. 3, 4, 5(e), 6(2)(a), 6(2)(b), 15, 17, 23, 24, 25, 29, 40(c), 46**
A (b), B. 48(a) (c) (d) (e) (g); 54(b), 55 (b) and 57(b) of Schedules-l of the Act, the following shall be
substituted namely:-
|“(c) in case of delivery|One rupee for every ten thousand rupees or a part thereof, subject to a maximum of five hundred rupees.|
|---|---|
|(d) in case of non delivery and relating to futures and options trading.|Twenty paise for every ten thousand rupees or a part thereof, subject to a maximum of two hundred rupees.|
|(e) if relating to forward contracts of commodities traded through an association or otherwise.|One rupee for every one lakh rupees or a part thereof, subject to a maximum of five hundred rupees.”.|
|Description of Instrument|Proper Stamp Duty|
|---|---|
|“3. ADOPTION-DEED, that is to say, any instrument (other than a will) recording an adoption or conferring or purporting to confer an authority to adopt.|One Thousand Rupees.|
|4. AFFIDAVIT, including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing.|Fifty Rupees.|
|EXEMPTIONS (a) Affidavit or declaration in writing when made as a condition of enlistment under the Army Act 1950, Act, XLVI of 1950.||
|or (c) for the sole purpose of enabling any receive any pension or charitable allowance.||
-----
|5. AGREEMENT OR MEMORANDUM OF AN AGREEMENT :-|Col2|
|---|---|
|(e) if not otherwise provided for|Two Hundred Rupees|
|6. AGREEMENT RELATING TO DEPOSIT OR TITLE DEEDS PAWN OR PLEDGE that is to say any instrument evidencing an agreement relating to :-||
|(2) the pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt.||
|(a) If such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement :-||
|If the amount of loan does not exceed Rs.2000/- ;|One Hundred Rupees|
|If it exceeds Rs. 2000/- and does not exceed Rs. 4000/- ;|Two Hundred Rupees|
|and for every Rs.4000/- or part thereof in excess of Rs. 4000/- ;|Two Hundred Rupees|
|(b) If such loan or debt is repayable not more than three months from the date of such instrument.|Half the duty payable under sub clause (a) subject to minimum of One hundred Rupees.|
|15. BOND (as defined by section 2(5), not being a debenture (No. 27), and not being otherwise provided for by this Act, or by the Court fees Act, 1870. (Act VII of 1870).||
|Where the amount or value secured does not exceed Rs. 400/- ;|Twenty Rupees|
|Where it exceeds Rs. 400/- . and does not exceed Rs. 600/- ;|Thirty Rupees|
|Where it exceeds Rs. 600/- and does not exceed Rs. 800/- ;|Forty Rupees|
|Where it exceeds Rs, 800/- and does not exceed Rs.1000/- ;|Fifty Rupees.|
|and for every Rs. 500/- or part thereof in|Twenty Five Rupees.|
-----
|excess of Rs.1000/- ;|Col2|
|---|---|
|See Administration Bond (No.2); Bottomry Bond (No. 16), Customs Bond (No. 26), Indemnity Bond (No. 34), Respondentia Bond (No. 56), Security Bond (No. 57).||
|EXEMPTIONS Bond, when executed by- (a) headmen nominated : under rules framed in accordance with the Bengal Irrigation Act, 1876, (Act III of 1876), section 99, for due performance of their duties under that Act.||
|(b) any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem.||
|17. Cancellation Instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for. See also Release (No. 55), Revocation of Settlement (No. 58 - B), Surrender of lease (No. 61), Revocation of Trust (No. 64 - B).|Six Hundred Rupees|
|23. Conveyance (as defined by Section 2 (10), not being a Transfer charged or exempted under No. 62- Where the amount or value of the consi - deration for such conveyance as set forth therein does not exceed Rs. 200/- ;|Ten Rupees|
|Where it exceeds Rs. 200/- but does not exceed Rs. 300/- ;|Fifteen Rupees|
|Where it exceeds Rs. 300/- but does not exceed Rs. 400/- ;|Twenty Rupees.|
|Where it exceeds Rs. 400/-but does not exceed Rs. 500/- ;|Twenty Five Rupees|
-----
|Where it exceeds Rs. 500/- but does not exceed Rs. 600/- ;|Thirty Rupees|
|---|---|
|Where it exceeds Rs. 600/- but does not exceed Rs. 700/- ;|Thirty Five Rupees|
|Where it exceeds Rs, 700/- but does not exceed Rs. 800/- ;|Forty Rupees|
|Where it exceeds Rs. 800/- but does not exceed Rs. 900/- :|Forty Five Rupees|
|Where it exceeds Rs.900/- but does not exceed Rs. 1000/- ;|Fifty Rupees|
|and for every Rs. 500/- or part thereof in excess of Rs. 1000/-|Twenty Five Rupees|
|24. COPY OR EXTRACT Certified to be a true copy or extract by or by order or any public officer and not chargeable under the law for the time being in force relating to court-fees-||
|(i) if the original was not chargeable with duty, or if the duty with which it was chargeable does not exceed one rupee ;|One Hundred Rupees|
|(ii) in any other case not falling within the provisions of Section 6 A :|Two Hundred Rupees|
|EXEMPTIONS (a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public officer for any public purpose. (b) Copy of, or extract from any register relating to births, baptisms, naming, dedications, marriages, divorces, deaths or burials.||
-----
|25. COUNTERPART OR DUPLICATE of any instrument, chargeable with duty and in respect of which the proper duty has been paid.|Col2|
|---|---|
|(a) if the duty with which the original instrument is chargeable does not exceed Five Rupees.|One Hundred Rupees|
|(b) in any other case not falling within the provisions of Section 6 A .|Two Hundred Rupees|
|EXEMPTION Counterpart of any lease' granted to a cultivator when such lease is exempted from duty.||
|29. DIVORCE - Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage. DOWER - Instrument of - See settlement (No. 58). DUPLICATE - See Counterpart (No. 25).|Four Hundred Rupees.|
|40. MORTGAGE – DEED, not being an agreement relating to Deposit of Title deeds, pawn or pledge (No. 6),Bottomry Bond (No. 16) Mortgage of a Crop (No. 41), Respondentia Bond (No. 56) or Security Bond (No. 57).||
|(C) When a Collateral or auxiliary or additional or substituted security or by way of further assurance for the above mentioned purpose where the principal or primary security is duly stamped for every sum secured not exceeding Rs. 1000/- ;|One Hundred Rupees|
|and for every Rs. 1000/- or part there of secured in excess of Rs. 1000/- ;|One Hundred Rupees|
|46. PARTNERSHIP - (A) - Instrument of||
|(b) - in any other case|Two Thousand Rupees|
|(B) - Dissolution of|One Thousand Rupees|
|48. POWER OF ATTORNEY - [as defined by section 2(21)] - not being a proxy.|One Hundred Rupees|
-----
|(a) When executed for the sale purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents ;|Col2|
|---|---|
|(c) When authorizing one person or more to act in a single transaction other than the case mentioned in Clause (a) ;|Three Hundred Rupees|
|(d) When authorizing not more than five person to act jointly and severally in more than one transaction or generally ;|One Thousand Rupees|
|(e) When authorizing more than five but not more than ten persons to act jointly and severally in more than one transaction or generally;|Two Thousand Rupees|
|(g) in any other case|Three Hundred Rupees for each person authorized|
|54. RECONVEYANCE OF MORTGAGED PROPERTY- (b) in any other case|One Thousand Rupees|
|55. RELEASE - that is to say, any instrument (not being such a release as is provided for by Section 23-A), where by a person renounces a claim upon another person or against any specified property - (b) In any other case.|Six Hundred Rupees|
|57. SECURITY BOND OR MORTGAGED - DEED, executed by way of security for the due execution of an office or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of a contract – (b) In any other case.|Five Hundred Rupees”|
[Vide Tripura Act 18 of 2020, s. 2]
-----
**SCHEDULE** **II.—[Enactments repealed.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914),**
_s. 3 and the Second Schedule._
-----
|
3-Feb-1899 | 04 | The Government Buildings Act, 1899 | https://www.indiacode.nic.in/bitstream/123456789/2332/1/A1899-04.pdf | central | # THE GOVERNMENT BUILDINGS ACT, 1899
_________
ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title and extent.
2. “Municipal authority” defined.
3. Exemption of certain Government buildings from municipal areas to regulate the erection, etc., of
buildings within municipalities.
4. Objections or suggestions as to erection, etc., of certain Government buildings within
municipalities, how to be made and dealt with.
1
-----
# THE GOVERNMENT BUILDINGS ACT, 1899
ACT NO. 4 OF 1899
[3rd February, 1899.]
# An Act to provide for the exemption from the operation of municipal building laws of certain
buildings and lands which are the property, or in the occupation, of the Government and situate within the limits of a municipality.
WHEREAS it is expedient to provide for the exemption from the operation of municipal building laws
of certain buildings and lands which are the property, or in the occupation, of the Government and situate
within the limits of a municipality;
It is hereby enacted as follows:—
**1. Short title and extent.—(1) This Act may be called the Government Buildings Act, 1899.**
(2) It extends to the whole of India except [1][the territories which, immediately before the 1st
November, 1956, were comprised in Part B States] [2***].
3* - - -
**2. “Municipal authority” defined.—In this Act the expression “municipal authority” includes**
a municipal corporation or a body of municipal commissioners constituted by, or under the provisions of, any law or enactment for the time being in force.
**3. Exemption of certain Government buildings from municipal laws to regulate the**
**erection, etc., of buildings within municipalities.—Nothing contained in any law or enactment**
for the time being in force to regulate the erection, re-erection, construction, alteration or
maintenance of buildings within the limits of any municipality shall apply to any building used
or required for the public service or for any public purpose, which is the property, or in the
occupation, of the Government, or which is to be erected on land which is the property, or in the
occupation, of the Government :
Provided that, where the erection, re-erection, construction or material structural alteration of
any such building as aforesaid (not being a building connected with [4]*** defence, or a building
the plan or construction of which ought, in the opinion of [5][the Government concerned], to be
treated as confidential or secret) is contemplated, reasonable notice of the proposed work shall be
given to the municipal authority before it is commenced.
**4. Objections or suggestions as to erection, etc., of certain Government buildings within**
**municipalities, how to be made and dealt with.—(1) In the case of any such building as is**
mentioned in the last preceding section (not being a building connected with [4]*** defence or a
building the plan or construction of which ought, in the opinion of [5][the Government concerned],
to be treated as confidential or secret), the municipal authority, or any person authorized by it in
this behalf, may, with the permission of the State Government previously obtained, but not
otherwise, and subject to any restrictions or conditions which may, by general or special order, be
imposed by the State Government, inspect the land and building and all plans connected with its
erection, re-erection, construction or material structural alteration, as the case may be, and may
submit to the State Government a statement in writing of any objections or suggestions which such
municipal authority may deem fit to make with reference to such erection, re-erection, construction
or material structural alteration.
(2) Every objection or suggestion submitted as aforesaid shall be considered by the State
Government, which shall, after such investigation (if any) as it shall think advisable, pass orders
1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
2. The word “and” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
3. Sub-section (3) rep. by s. 3 and the Second Schedule, ibid.
4. The word “Imperial” rep. by the A. O. 1948.
5. Subs. by the A. O. 1937, for “the Govt.”.
2
-----
thereon, and the building referred to therein shall be erected, re-erected, constructed or altered,
as the case may be, in accordance with such orders :
Provided that, if the State Government overrules or disregards any such objection or suggestion as
aforesaid, it shall give its reasons for so doing in writing.
1* - - -
_______
1. Sub-section (3) rep. by the A.O. 1937.
3
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|
13-Oct-1899 | 24 | The Central Provinces Court of Wards Act, 1899 | https://www.indiacode.nic.in/bitstream/123456789/19232/1/a1899-24.pdf | central | [THE CENTRAL PROVINCES COURT OF WARDS ACT, 1899](http://www.bareactslive.com/MAH/mh724.htm#0)
_________
ARRANGEMENT OF SECTIONS
_________
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Commissioner to be Court of Wards.
4. Superintendence by Court of Wards of property of disqualified landholder.
5. Land-holders to be deemed disqualified in certain cases.
6. Superintendence by Court of Wards on application of proprietor.
7. Temporary provisions for custody of heirs and protection of property in certain cases.
8. Superintendence by Court of Wards of person of disqualified landholder.
9. Superintendence by Court of Wards where disqualified landholder owns land in more than one
division.
10. Assumption of superintendence to be notified and to extend to whole of Government ward’s
property.
11. Barring of suits to contest authority to assume superintendence.
12. Notices to claimants against Government ward.
13. Claimants to furnish full particulars and documents.
14. Stay of proceedings of Civil Courts.
15. Adjudication of claims.
16. Report of Chief Commissioner.
17. Appointment, etc., of managers by Court of Wards.
18. Delegation of powers by Court of Wards.
19. Liabilities, etc., of managers and other servants of Court of Wards.
20. Power for Court of Wards to appoint guardians of certain Government wards.
21. General powers of Court of Wards.
22. Custody, education and residence of certain Government wards.
23. Allowance for Government ward and his family.
24. Duties of Court of Wards or manager.
1
-----
SECTIONS.
25. Powers of Court of Wards as to property of Government wards.
26. Notice of suit.
27. Manager or Court of Wards to be next friend or guardian in suit by or against Government wards.
28. Payment of costs.
29. Processes against Government ward to be served on next friend or guardian.
30. Authority of Court of Wards required in case of suits brought on behalf of Government wards.
31. Disabilities of a Government ward.
32. Consent of Local Government necessary to adoptions or wills made by Government wards.
33. Procedure when succession to Government ward's property is disputed.
34. Withdrawal of superintendence of Court of Wards.
35. Appointment of guardian in certain cases.
36. Withdrawal to be notified in Gazette.
37. Appeals.
38. Control of Local Government.
39. Exercise of discretion not to be questioned in Civil Court.
40. Power for Local Government to make rules.
41. Repeal.
THE SCHEDULE.
2
-----
# THE CENTRAL PROVINCES COURT OF WARDS ACT, 1899
________
ACT NO. XXIV OF 1899
_______
[13th October,1899.]
An Act to consolidate and amend the law relating to the Court of Wards in the Central Provinces.
WHEREAS it is expedient to consolidate and amend the law relating to the Court of Wards in the Central
Provinces; It is hereby enacted as follows:—
**_Preliminary._**
**1. Short title, extent and commencement.— (1) This Act may be called the Central Provinces Court**
of Wards Act, 1899.
(2) It extends to the territories for the time being administered by the Local Government of the Central
Provinces; and
(3) It shall come into force at once.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) the expression “Government ward” means any person of whose property, or of whose person
and property, the Court of Wards may, for the time being, have the superintendence under this Act;
(b) “land” includes the rights of a land-holder in respect of the land of which he is the malguzar or
zamindar or the muafidar, jagirdar, ubaridar or other assignee of land-revenue, or in which he is
interested; and
(c) “land-holder” means a malguzar as defined in the Central Provinces Land-revenue Act, 1881,
XVIII of 1881, and the zamindar of any zamindari in a Scheduled District, and includes a muafidar,
jagirdar, ubaridar or other assignee of land-revenue, and any person not hereinbefore specified who is
interested in land and belongs to a class of which the Local Government, with the previous sanction
of the Governor General in Council, has declared the members to be land-holders for the purposes of
this Act.
**3. Commissioner to be Court of Wards.—Subject to the provisions of section 9, the Commissioner**
shall be the Court of Wards for the limits of his division.
**4. Superintendence by Court of Wards of property of disqualified land-holder.—The Court of**
Wards may, with the previous sanction of the Local Government, assume the superintendence of the
property of any land-holder owning land within the local limits of its jurisdiction who is disqualified to
manage his property.
**5. Land-holders to be deemed disqualified in certain cases.—(1) The following persons shall, for**
the purposes of section 4, be deemed to be disqualified to manage their own property, namely:—
(a) minors;
3
-----
(b) persons adjudged by a competent Civil Court to be of unsound mind and incapable of managing
their affairs; and
(c) persons declared by the Local Government to be incapable of managing their property owing
to—
(i) any physical or mental defect or infirmity;
(ii) their having been convicted of a non-bailable offence and being unfitted by vice or bad
character; or
(iii) their being females.
(2) No suit shall be brought in any Civil Court in respect of any declaration made by the Local
Government under sub-section (1), clause (c).
**6. Superintendence by Court of Wards on application of proprietor.—(1) Any land-holder may**
apply to the Local Government to have his property placed under the superintendence of the Court of Wards,
and the Local Government may on such application, if it thinks it expedient in the public interests, order
the Court of Wards to assume the superintendence of the property.
(2) An order made by the Local Government under sub-section (1) shall be sufficient to authorize the
Court of Wards to assume the superintendence of the property referred to therein, and no suit shall be
brought in any Civil Court in respect of any such order.
**7. Temporary provisions for custody of heirs and protection of property in certain cases.—**
(1) Whenever the Court of Wards receives information that any land-holder has died and has reason to
believe that the heir of the land-holder is a person who is, or should be adjudged or declared to be,
disqualified under section 5, the Court may—
(a) take such steps and make such order for the temporary custody and protection of the property
inherited as it thinks fit; and,
(b) if the heir is a minor, direct that the person (if any) having the custody of the minor, shall
produce him or cause him to be produced at such place and time and before such person as the Court
may appoint, and make such order for the temporary custody and protection of the minor as it thinks
fit:
Provided that, where the minor is a female and belongs to a class the females of which do not usually
appear in public, her production shall be required only in accordance with the manners and customs of the
country.
(2) Whenever the Court of Wards proceeds under this section, it shall forthwith report its action for the
information of the Local Government.
**8. Superintendence by Court of Wards of person of disqualified land-holder.—Where the Court**
of Wards assumes the superintendence of the property of a minor or of a person who has been adjudged by
a competent Civil Court to be of unsound mind and incapable of managing his affairs, it may, with the
previous sanction of the Local Government, assume the superintendence of his person also:
Provided that nothing in this section shall authorize the Court of Wards to assume the superintendence
of the person of a female who is married to a man of full age and is in his custody.
4
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**9. Superintendence by Court of Wards where disqualified land-holder owns land in more than**
**one division.—Where a land-holder owns land within two or more divisions, such one only of the Courts**
of Wards as the Local Government may determine in this behalf shall assume the superintendence of the
property, or of the person and property, of the land-holder.
**10. Assumption of superintendence to be notified and to extend to whole of Government ward's**
**property.—(1) Whenever the Court of Wards assumes the superintendence of the property of any person**
under this Act, the fact of such assumption, and the date on which it was sanctioned by the Local
Government, shall be notified in the local official Gazette.
(2) On and with effect from the date of such sanction, the whole of the property, moveable or
immoveable, of such person, whether the existence of any such property may be known to the said Court
or not, shall be deemed to be under the superintendence of the Court of Wards.
(3) Any property which the Government ward may inherit subsequently to the date of such sanction,
shall also be deemed to be under the superintendence of the Court of Wards.
(4) The Court of Wards may, in its discretion, assume, or refrain from assuming, the superintendence
of any property which the ward may acquire, otherwise than by inheritance subsequently to the date of such
notification.
**11. Barring of suits to contest authority to assume superintendence.— No suit shall be brought in**
any Civil Court to contest the authority of the Court of Wards in respect of the property, or of the person
and property, of any person under this Act on the ground that such person was not, or is not, a land-holder
or a minor.
**12. Notices to claimants against Government ward.—(1) On the issue of a notification under**
section 10, the Court of Wards shall publish in the local official Gazette and in such other manner as the
Local Government may, by general or special order, direct, a notice, in English and also in the vernacular,
calling upon all persons having claims against the Government ward or his immoveable property to submit
the same in writing to it within six months from the date of the publication of the notice aforesaid.
(2) Every such claim (other than a claim on the part of the Government) not submitted to the Court of
Wards in compliance with the provisions of sub-section (1), shall, save in the case provided for by
section 16, sub-section (2), clause (c), be deemed for all purposes and on all occasions, whether during the
continuance of the management or afterwards, to have been duly discharged:
Provided that, if the Court of Wards is satisfied that the claimant was unable to comply with the
provisions of sub-section (1), it may receive his claim at any time after the date of the expiry of the period
aforesaid, but any claim so received shall, notwithstanding any law, contract, decree or award to the
contrary, cease to carry interest from the date of the expiry of the period aforesaid.
**13. Claimants to furnish full particulars and documents.—(1) Every claimant submitting his claim**
in compliance with the provisions of section 12, sub-section (1), shall furnish, along with his written
statement of claim, full particulars thereof, and shall, at the same time, produce all documents (including
entries in books of account) on which he relies to support his claim, together with a true copy of every such
document.
5
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(2) The Court of Wards shall, after making, for the purpose of identification, every original document
so produced and verifying the correctness of the copy, retain the copy and return the original to the claimant.
(3) If any document, which is in the possession or under the control of the claimant, is not produced by
him as required by sub-section (1), the document shall not be admissible in evidence against the
Government ward, whether during the continuance of the management or afterwards, in any suit brought
by the claimant or by any person claiming under him.
**14. Stay of proceedings of Civil Courts.—If a Civil Court has directed any process of execution to**
issue against any immoveable property of a Government ward or the rents thereof or any crops standing
thereon, the Court of Wards may, at any time within one year after the issue of a notification under section
10, apply to the Civil Court to stay proceedings in the matter of such process, and the Civil Court may, on
such terms regarding interest or compensation for delay as may appear to it to be just and reasonable, stay
such proceedings accordingly.
**15. Adjudication of claims.—(1) On receipt of all claims submitted in compliance with the provisions**
of sections 12 and 13, the Court of Wards shall proceed to investigate such claims and shall decide which
of them are to be wholly or partly admitted or wholly or partly rejected, as the case may be, and shall
communicate its decision in writing to each claimant concerned.
(2) When the Court of Wards has admitted any claim under sub-section (1), it may make to the claimant
a proposal in writing for the reduction of the claim, or of the rate of interest to be paid in future, or of both;
and, if such proposal, or any modification of it, is accepted by the claimant and his acceptance is finally
recorded and attested by the Court of Wards or by any Revenue-officer not being below the rank of an
Assistant Commissioner whom the Local Government may, by general or special order, appoint in this
behalf, it shall be conclusively binding upon the claimant:
Provided that, if when the superintendence of the property by the Court of Wards is relinquished or
otherwise terminates, any portion of the claim reduced as aforesaid is still unsatisfied, the claimant shall be
entitled to recover a sum bearing the same proportion to the original claim admitted under sub-section (1)
as the unsatisfied portion bears to the reduced claim.
(3) Subject to the provisions of sub-section (2), nothing in this section shall be construed to bar the
institution of a suit in a Civil Court for the recovery of a claim against a Government ward or his property
which has been submitted to and received by the Court of Wards:
Provided that, no decision of the Court of Wards under this section shall be proved in any such suit as
against the defendant.
**16. Report to Chief Commissioner.— (1) When all claims have been investigated under section 15,**
the Court of Wards shall submit to the Local Government a schedule of the debts and liabilities of the
Government ward, and the Local Government may, when the estate appears to be involved beyond all hope
of extrication or for any other sufficient reason, by an order published in the Local official Gazette, direct
that, on a date to be fixed by the order, the superintendence of the property and person of the ward shall be
relinquished by the Court of Wards.
(2) On the date so fixed—
(a) the superintendence shall terminate;
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(b) the owner of the property under superintendence shall be restored to the possession thereof,
subject to any contracts entered into by the Court of Wards for the preservation or benefit of such
property;
(c) the claims referred to in section 12, sub-section (2), shall revive.
(3) In calculating the periods of limitation applicable to suits to recover and enforce debts and liabilities
revived under this section, the time during which such superintendence has continued shall be excluded.
**17. Appointment, etc., of managers by Court of Wards.—The Court of Wards may appoint a**
manager of the property of any Government ward under its superintendence.
**18. Delegation of powers by Court of Wards.—(1) With the general or special sanction of the Local**
Government, the Court of Wards may, from time to time, delegate all or any of its powers to the Deputy
Commissioner of any district in which any part of the property of a Government ward is situated, or to
any other person whom it may appoint in this behalf; and may, at any time, with the like sanction, revoke
such delegation.
(2) Subject to any general or special orders of the Local Government, the Court of Wards may exercise
all or any powers conferred on it by this Act through the Deputy Commissioner of any district in which
any part of the property of a Government ward is situated, or through any other person whom it may appoint
in this behalf, and, subject to the like orders, any such Deputy Commissioner may exercise all or any powers
delegated to him under this Act through any Revenue-officer subordinate to him.
**19. Liabilities, etc., of managers and other servants of Court of Wards.—(1) Every manager**
appointed by the Court of Wards shall—
(a) give such security as the Court thinks fit duly to account for what he receives in respect of the
rents and profits of the property under his management;
(b) be entitled to such allowance as the Court thinks fit for his care and pains in the execution of
his duties; and
(c) be responsible for any loss occasioned to the property under his management by his wilful
default or gross negligence.
(2) Every manager or other servant of the Court of Wards shall be deemed a “public servant” within
the meaning of sections 161, 162, 163, 164 and 165 of the Indian Penal Code (XLV of 1860); and in the
definition of “legal remuneration” contained in the said section 161, the word “Government” shall, for the
purposes of this sub-section, be deemed to include the Court of Wards.
**20. Power for Court of Wards to appoint guardians of certain Government wards.—The Court of**
Wards may appoint guardians for the care of the persons of Government wards whose persons are, for the
time being, under its superintendence.
**21. General powers of Court of Wards.—Subject to the provisions of this Act and of any rules**
thereunder, the Court of Wards—
(a) may, of itself or through the manager (if any) appointed by it under this Act, do all such things
requisite for the proper care and management of any property, of which it assumes the superintendence
under this Act, as the owner of the property, if it were not under the superintendence of the Court of
Wards, might do for its care and management; and
7
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(b) may, of itself or through the guardian (if any) appointed by it under this Act, do, in respect of
the person of any Government ward whose person is, for the time being, under its superintendence, all
such things as may lawfully be done by a guardian.
**22. Custody, education and residence of certain Government wards.— The Court of Wards may**
pass such orders as it thinks fit in respect of the custody and residence of any Government ward whose
person is, for the time being, under its superintendence, and, when he is a minor, in respect of his education.
**23. Allowance for Government ward and his family.— The Court of Wards may, from time to time,**
determine what sums shall be allowed in respect of the expenses of any Government ward and of his family
and dependants.
**24. Duties of Court of Wards or manager.—The Court of Wards, or the manager (if any) appointed**
by it under this Act, shall manage the property of every Government ward under its superintendence or
under his management diligently and faithfully for the benefit of the Government ward, and shall in every
respect act to the best of its or his judgment for the Government ward's interest as if the property were its
or his own.
**25. Powers of Court of Wards as to property of Government wards.—The Court of Wards may let**
the whole or any part of the property of any Government ward under its superintendence, and may, with
the previous sanction of the Local Government, mortgage, sell or exchange the whole or any part of such
property, and may do all such other acts as it may judge to be best for the benefit of the property and the
advantage of the Government ward.
**26. Notice of suit.— No suit relating to the person or property of any Government ward shall be brought**
in any Civil Court until the expiration of two months after notice in writing, stating the name and place of
abode of the intending plaintiff, the cause of action and the relief claimed, has been delivered to, or left at
the office of, the Court of Wards; and the plaint shall contain a statement that such notice has been so
delivered or left:
Provided that notice under this section shall not be required in the case of any suit the period of
limitation for which will expire within three months from the date of a notification issued under section 10,
sub-section (1).
**27. Manager or Court of Wards to be next friend or guardian in suit by or against Government**
**wards.— In every suit brought by or against a Government ward, the manager of the ward's property or, if**
there is no manager, the Court of Wards having the superintendence of the ward's property shall be named
as the next friend or guardian for the suit, as the case may be.
**28. Payment of costs.—If, in any suit brought by or against a Government ward, any Civil Court**
decrees any costs against the Government ward's next friend or guardian for the suit, the Court of Wards
shall cause the costs to be paid out of any property of the Government ward which may, for the time being,
be in its hands.
**29. Processes against Government ward to be served on next friend or guardian.— Every process**
which may be issued out of any Civil or Revenue Court against any Government ward shall be served on
the Government ward's next friend or guardian for the suit.
8
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**30. Authority of Court of Wards required in case of suits brought on behalf of Government**
**wards.—No suit shall be brought, and no appeal in any suit shall be preferred, on behalf of any Government**
ward unless it is authorized by an order in writing of the Court of Wards:
Provided as follows:—
(1) a manager may authorize a plaint to be filed in order to prevent a suit from being barred by the
law of limitation, but the suit shall not afterwards be proceeded with except under the sanction of the
Court of Wards;
(2) a suit for arrears of rent may be brought on behalf of a Government ward, if authorized by an
order of the manager of the property on which the rent is due.
**31. Disabilities of a Government ward.— (1) A Government ward shall be incompetent to transfer or**
create any charge on, or interest in, his property or any part thereof (except such interest as may be created
by a will made in accordance with section 32), or to enter into any contract which may involve him in
pecuniary liability; and no suit shall be brought in any Civil Court whereby to charge any person upon any
promise made after he has ceased to be a Government ward to pay any debt contracted during the period
when he was a Government ward, or upon any ratification made after he has ceased to be a Government
ward of any promise or contract made during the period aforesaid, whether there is or is not any new
consideration for such promise or ratification.
(2) Nothing in this section shall be deemed to affect the capacity of a Government ward to enter into a
contract of marriage:
Provided that a Government ward shall not incur, in connection with such a contract, any pecuniary
liability, except such as, having regard to the personal law to which he is subject and to his rank and
circumstances, the Court of Wards may, in writing, declare to be reasonable.
**32. Consent of Local Government necessary to adoptions or wills made by Government wards.—**
No adoption by a Government ward, and no written or verbal permission to adopt given by a Government
ward, or will made by a Government ward, shall be valid without the consent of the Local Government
obtained, either previously or subsequently to the adoption or to the giving of the permission, or the making
of the will, on application made to it through the Court of Wards.
**33. Procedure when succession to Government ward’s property is disputed.— Whenever, on the**
death of any Government ward, the succession to his property or any part thereof is disputed, the Court of
Wards may, with the previous sanction of the Local Government, either direct that the property or the part
thereof be made over to any person claiming the property, or retain the superintendence of the property
until one of the claimants has established his claim to the same in a competent Civil Court, or institute a
suit of interpleader against all the claimants.
**34. Withdrawal of superintendence of Court of Wards.— (1) The Court of Wards may, with the**
sanction of the Local Government, at any time withdraw its superintendence from the person or property,
or both, of a Government ward, and shall withdraw its superintendence as soon as,—
(a) in the case of a person disqualified under clause (a) of section 5, sub-section (1), he attains his
majority;
(b) in the case of a person disqualified under clause (b) of the same, he ceases to be of unsound
mind and incapable of managing his affairs;
9
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(c) in the case of a person disqualified under sub-clause (i) of clause (c) of the same, his physical
or mental defect or infirmity is removed or ceases:
Provided as follows:—
(i) whenever a Government ward lies or ceases to be disqualified and his property is still
encumbered with debts and liabilities, the Court of Wards may, with the previous sanction of the Local
Government, either release such property or retain it under its superintendence until such debts and
liabilities have been discharged; and,
(ii) if one or more of the proprietors of a property remain disqualified, although another or others
may have ceased to be disqualified, the Court of Wards may, with the previous sanction of the Local
Government, retain the whole of the property under its superintendence, paying any proprietor who has
ceased to be disqualified, the surplus income accruing from his share of the estate.
(2) Where any question arises as to whether the superintendence of the Court of Wards should be
withdrawn from any person or property, or both, under clause (a), or from any property under clause (c),
of sub-section (1), the decision of the Local Government thereon shall be final, and no suit shall be brought
in any Civil Court in respect of such decision.
**35. Appointment of guardian in certain cases.— (1) Where, in exercise of the power conferred by**
section 34, the Court of Wards decides to withdraw its superintendence from the person and property of
any minor, it shall, before such withdrawal, by an order in writing, appoint some person to be guardian of
the person or property, or both, of the minor, and such appointment shall take effect from the date of such
release.
(2) In appointing a guardian under this section, the Court of Wards shall be guided by the provisions of
the Guardians and Wards Act, 1890 (VIII of 1890); and every guardian so appointed shall have, and be
subject to, the same rights, duties and liabilities as if he had been appointed under that Act.
**36. Withdrawal to be notified in Gazette.—Where the Court of Wards withdraw its superintendence**
from any person or property under this Act, the fact of such withdrawal shall be notified in the Local official
Gazette.
**37. Appeals.—An appeal shall lie from every order passed under this Act, whether original or on**
appeal,—
(a) if the order is that of a Commissioner, to the Local Government;
(b) if the order is that of a Deputy Commissioner, to the Commissioner;
(c) in all other cases, to the Deputy Commissioner:
Provided that in no case shall a third appeal lie.
**38. Control of Local Government.— All orders or proceedings under this Act shall be subject to the**
supervision and control of the Local Government; and the Local Government may, if it thinks fit, revise,
modify or reverse any such order or proceeding, whether an appeal is presented against any such order or
proceeding or not.
**39. Exercise of discretion not to be questioned in Civil Court.— No suit shall be brought in any**
Civil Court in respect of the exercise of any discretion conferred by this Act.
10
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**40. Power for Local Government to make rules.— (1) The Local Government may make rules to**
carry out the purposes and objects of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) prescribe the matters to which regard should be had in appointing or removing guardians and
managers, and in fixing their remuneration;
(b) regulate the amount of security to be given by managers;
(c) prescribe the cases in which proposals or arrangements connected with the administration of the
properties of Government wards shall be reported for the sanction of the Local Government;
(d) prescribe the accounts and other returns which, and the periods and form at and in which, they
shall be rendered to the Court of Wards and by the Court of Wards to the Local Government;
(e) regulate the custody of securities and title-deeds belonging to the estate or property of a
Government ward;
(f) regulate the procedure in inquiries by, and in appeals from orders of, the Court of Wards under
this Act, and fix the periods of limitation which shall apply to such appeals;
(g) confer upon the Court of Wards for the purposes of this Act any of the powers exercised by a
Civil Court in the trial of suits;
(h) prescribe the mode in which powers delegated to managers are to be notified for the information
of persons concerned; and
(i) generally prescribe the manner in which the powers and duties of the Court of Wards under this
Act shall be exercised and performed.
(3) All rules made under this section shall be published in the Local official Gazette, and shall on such
publication have effect as if enacted by this Act.
**41. Repeal.—The enactments mentioned in the schedule are repealed to the extent specified in the**
fourth column thereof.
___________
11
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Year.
# THE SCHEDULE.
No. Short title. Extent of repeal.
1 2 3 4
1885 . XVII The Central Provinces Government Wards Act,
1885.
The whole.
1890 . VIII The Guardians and Wards Act, 1890. So much of section 2 and
the schedule as relates to
Act XVII of 1885.
1891 . XII The Repealing and Amending Act, 1891. So much as relates to Act
XVII of 1885.
12
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|
2-Feb-1900 | 03 | The Prisoners Act, 1900 | https://www.indiacode.nic.in/bitstream/123456789/2334/1/AAA1900____03.pdf | central | SECTIONS
1. Short title and extent.
2. Definitions.
# THE PRISONERS ACT, 1900
______
ARRANGEMENT OF SECTIONS
_______
PART I
PRELIMINARY
PART II
GENERAL
3. Officers in charge of prisons to detain persons duly committed to their custody.
4. Officers in charge of prisons to return writs, etc., after execution or discharge.
PART III
PRISONERS IN THE PRESIDENCY-TOWNS
5. Warrants, etc., to be directed to Police-officers.
6. Power for State Governments to appoint Superintendents of Presidency prisons.
7. Delivery of persons sentenced to imprisonment or death by High Court.
8. Delivery of persons sentenced to transportation by High Court.
9. Delivery of persons committed by High Court in execution of a decree or for contempt.
10. Delivery of persons sentenced by Presidency Magistrates.
11. Delivery of persons committed for trial by High Court.
12. Custody pending hearing by High Court under section 350 of the Code of Civil Procedure of
application for insolvency.
13. Delivery of persons arrested in pursuance of warrant of High Court or Civil Court in Presidency
town.
PART TV
PRISONERS OUTSIDE THE PRESIDENCY-TOWNS
14. References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools.
15. Power for officers in charge of prisons to give effect to sentences of certain Courts.
16. Warrant of officer of such Court to be sufficient authority.
17. Procedure where officer in charge of prison doubts the legality of warrant sent to him for
execution under this Part.
18. Execution in the States of certain capital sentences not ordinarily executable there.
1
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SECTIONS
[PART V.—PERSONS UNDER SENTENCE OF PENAL SERVITUDE.] [Omitted.].
19. [Omitted.].
20. [Omitted.].
21. [Omitted.].
22. [Omitted.].
23. [Omitted.].
24. [Omitted.].
25. [Omitted.].
26. [Omitted.].
27. [Omitted.].
PART VI
REMOVAL OF PRISONERS
28. References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools.
29. Removal of prisoners.
30. Lunatic prisoners how to be dealt with.
31. [Repealed.].
PART VII
PERSONS UNDER SENTENCE OF TRANSPORTATION
32. Appointment of places for confinement of persons under sentence of transportation and removal
thereto.
PART VIII
DISCHARGE OF PRISONERS
33. Release, on recognizance, by order of High Court, of prisoner recommended for pardon.
[PART IX.— PROVISIONS FOR REQUIRING THE ATTENDANCE OF PRISONERS AND OBTAINING THEIR
_EVIDENCE.]—[Repealed.]._
34. [Repealed.].
35. [Repealed.].
36. [Repealed.].
37. [Repealed.].
38. [Repealed.].
39. [Repealed.].
40. [Repealed.].
41. [Repealed.].
2
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SECTIONS
42. [Repealed.].
43. [Repealed.].
44. [Repealed.].
45. [Repealed.].
46. [Repealed.].
47. [Repealed.].
48. [Repealed.].
49. [Repealed.].
50. [Repealed.].
51. [Repealed.].
52. [Repealed.].
53. [Repealed.].
THE FIRST SCHEDULE. — [Repealed.].
THE SECOND SCHEDULE. — [Repealed.].
THE THIRD SCHEDULE. — [Repealed.].
3
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# THE PRISONERS ACT, 1900
ACT NO. 3 OF 1900[1]
[2nd February, 1900.]
An Act to consolidate the law relating to Prisoners confined by order of a Court.
WHEREAS it is expedient to consolidate the law relating to prisoners confined by order of a Court;
It is hereby enacted as follows:—
PART I
PRELIMINARY
**1. Short title and extent.—(1) This Act may be called the Prisoners Act, 1900;**
2[(2) It extends to the whole of India except 3[the territories which, immediately before the 1st
November, 1956, were comprised in Part B States.] [4]***
4
- - - -
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) “Court” includes a Coroner and any officer lawfully exercising civil, criminal or revenue
jurisdiction; and
(b) “prison” includes any place which has been declared by the State Government, by
general or special order, to be a subsidiary jail.
5[(c) “States” means the territories to which this Act extends.]
PART II
GENERAL
**3. Officers in charge of prisons to detain persons duly committed to their custody.—**
The officer in charge of a prison shall receive and detain all persons duly committed to his
custody, under this Act or otherwise, by any Court, according to the exigency of any writ,
warrant or order by which such person has been committed, or until such person is discharged
or removed in due course of law.
**4. Officers in charge of prisons to return writs, etc., after execution or discharge.—The**
officer in charge of a prison shall forthwith, after the execution of every such writ, order or
warrant as aforesaid other than a warrant of commitment for trial, or after the discharge of the
person committed thereby, return such writ, order or warrant to the Court by which the same
was issued or made, together with a certificate, endorsed thereon and signed by him, showing
1. The Act has been amended in its application to—
(1) C’P. and Berar by the C.P. and Berar Prisoners (Amendment) Act, 1939 (C.P. and Berar Act 4 of
1939).
(2) Bihar by Bihar Act 23 of 1956.
(3) Madras by Madras Act 11 of 1958.
(4) Bombay by Bombay Act 15 of 1959 (when notified).
(5) N.E.P.A. by Reg. 3 of 1960, s. 3 and the Schedule.
The Act has been extended to—
(1) Whole of Madhya Pradesh by M. P. Act 23 of 1958 (when notified).
(2) Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1964).
(3) Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1968 s. 2 and The First Schedule.
(4) Lakshadweep (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and the Schedule.
(5) Pondicherry by Act 26 of 1968, s. 3 and the Schedule. The Act has been rep. in Rajasthan by
Raj. Act 39 of 1960.
Part IX rep. in its application to Bellary District by Mysore Act 14 of 1955.
2. Subs. by the A. O. 1950 for sub-section (2).
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “Part B States”.
4. The word “and” and sub-section (3) rep. by Act 10 of 1914, s. 3 and the Second Schedule.
5. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for the former clause (c) which had been ins. by the
A. O. 1950.
4
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how the same has been executed, or why the person committed thereby has been discharged
from custody before the execution thereof.
PART III
PRISONERS IN THE PRESIDENCY-TOWNS
**5. Warrants, etc., to be directed to Police officers.—Every writ or warrant for the arrest of**
any person issued by the High Court in the exercise of its ordinary, extraordinary or other criminal
jurisdiction shall be directed to and executed by a Police officer within the local limits of such
jurisdiction.
**6. Power for State Governments to appoint Superintendents of Presidency prisons.—**
The State Government may appoint officers who shall have authority to receive and detain
prisoners committed to their custody under this part.
_Explanation.—Any officer so appointed, by whatever designation he may be styled, is hereinafter_
referred to as “the Superintendent”.
**7. Delivery of persons sentenced to imprisonment or death by High Court.—Where**
any person is sentenced by the High Court in the exercise of its original criminal jurisdiction to
imprisonment or to death, the Court shall cause him to be delivered to the Superintendent together
with its warrant, and such warrant shall be executed by the Superintendent and returned by him to the
High Court when executed.
**8. Delivery of persons sentenced to transportation by High Court.—Where any person**
is sentenced by the High Court in the exercise of its original criminal jurisdiction to
transportation [1]*** the Court shall cause him to be delivered for intermediate custody to the
Superintendent, and the transportation [1]*** of such person shall be deemed to commence from
such delivery.
**9. Delivery of persons committed by High Court in execution of a decree or for**
**contempt.—Where any person is committed by the High Court, whether in execution of a decree or**
for contempt of Court or for any other cause, the Court shall cause him to be delivered to the
Superintendent, together with its warrant of commitment.
**10. Delivery of persons sentenced by Presidency Magistrates.—Where any person is**
sentenced by a Presidency Magistrate to imprisonment, or is committed to prison for failure to find
security to keep the peace or to be of good behavior, the Magistrate shall cause him to be delivered to
the Superintendent, together with his warrant.
**11. Delivery of persons committed for trial by High Court.—Every person committed by**
a Magistrate, [2][or Justice of the Peace] for trial by the high Court in the exercise of its original
criminal jurisdiction shall be delivered to the Superintendent, together with a warrant of commitment,
directing the Superintendent to produce such person before the Court for trial; and the Superintendent
shall, as soon as practicable, cause such person to be taken before the Court at a criminal session
thereof, together with the warrant of commitment, in order that he may be dealt with according to law.
**12. Custody pending hearing by High Court under section 350 of the Code of Civil**
**Procedure of application for insolvency.—The High Court may, pending the hearing, under**
section 350 of the Code of Civil Procedure (14 of 1882), [3] of any application for a declaration of
insolvency, cause the judgment-debtor concerned to be delivered to the Superintendent, subject
to the provisions as to release on security of [3]section 349 of the said Code, and the
Superintendent shall detain the said judgment-debtor in safe custody until he is re-delivered to
an officer of the High Court for the purpose of being taken before it in pursuance of its order, or
until he is released in due course of law.
1. The words “or penal servitude”, omitted by Act 17 of1949. s. 4.
2. Subs. by Act 4 of 1908, s. 13, for “Justice of the Peace, or Coroner”.
3. This reference should be constrained as applying to the Provincial Insolvency Act, 1920 (5 of 1920), see s. 83 (2) of that
Act.
5
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**13. Delivery of persons arrested in pursuance of warrant of High Court or Civil Court**
**in Presidency-town.—(1) Every person arrested in pursuance of a writ, warrant or order of the High**
Court in the exercise of its original civil jurisdiction, or in pursuance of a warrant of any Civil Court
established in a Presidency-town under any law or enactment for the time being in force, or in
pursuance of a warrant issued under section 5, shall be brought without delay before the Court by
which, or by a Judge of which, the writ, warrant or order was issued, awarded or made, or before a
Judge thereof, if the said Court, or a Judge thereof is then sitting for the exercise of original
jurisdiction.
(2) If the said Court, or a Judge thereof, is not then sitting for the exercise of original jurisdiction,
such person arrested as aforesaid shall, unless a Judge of the said Court otherwise directs, be delivered
to the Superintendent for intermediate custody, and shall be brought before the said Court, or a Judge
thereof, at the next sitting of the said Court, or of a Judge thereof, for the exercise of original
jurisdiction in order that such person may be dealt with according to law; and the said Court or Judge
shall have power to make or award all necessary orders or warrants for that purpose.
PART IV
PRISONERS OUTSIDE THE PRESIDENCY-TOWNS
**14. References in this Part to prisons, etc., to be construed as referring also to**
**Reformatory Schools.—In this Part all references to prisons or to imprisonment or confinement**
shall be construed as referring also to Reformatory Schools or to detention therein.
1 [15. Power for officers in charge of prisons to give effect to sentences of certain
**Courts.—(1) Officers in charge of prisons outside the Presidency towns may give effect to any**
sentence or order or warrant for the detention of any person passed or issued—
(a) by any Court or tribunal acting, whether within or without the States under the
general or special authority of the Central Government, or of any State Government, or
of the Government of Burma, or by any Court or tribunal, which was before the
commencement of the Constitution acting under the general or special authority of His
Majesty, or of the Crown Representative; or
( _b_ ) before the 26th January, 1950, by any Court or tribunal in any Indian State—
(i) if the presiding Judge, or if the Court or tribunal consisted of two or more Judges,
at least one of the Judges, was an officer of the Crown authorised to sit as such Judge
by the State or the Ruler thereof or by the Central Government or the Crown
Representative; and
(ii) if the reception, detention or imprisonment in any Province of India of persons
sentenced by any such Court or tribunal had been authorised by general or special
order by the State Government : or
2* - - - *
Provided that effect shall not be given to any sentence or order or warrant for detention passed or
issued by any Court or tribunal in Burma without the previous sanction of the State Government
concerned.
(2) Where a Court or tribunal of such an Indian State as aforesaid had passed a sentence
which could not have been executed without the concurrence of an officer of the Crown,
and such sentence had been considered on the merits and confirmed by any such officer
specially authorised in that behalf, such sentence, and any order or warrant issued in
pursuance thereof, shall be deemed to be the sentence, order or warrant of a Court or
tribunal acting under the authority of the Central Government or the Crown
Representative.)
1. Subs. by the A.O. 1950, for section 15.
3. Clause (c) omitted The Adaptation of Laws (No. 2) Order, 1956.
6
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**16. Warrant of officer of such Court to be sufficient authority.—A warrant under the**
official signature of an officer of such Court or tribunal as is referred to in section 15 shall be
sufficient authority for holding any person in confinement, or for sending any person for
transportation, in pursuance of the sentence passed upon him.
**17. Procedure where officer in charge of prison doubts the legality of warrant sent to**
**him for execution under this Part.—(1) Where an officer in charge of a prison doubts the legality**
of a warrant or order sent to him for execution under this Part, or the competency of the person whose
official seal or signature is affixed thereto to pass the sentence and issue the warrant or order, he shall
refer the matter to the State Government, by whose order on the case he and all other public officers
shall be guided as to the future disposal of the prisoner.
(2) Pending a reference made under sub-section (1), the prisoner shall be detained in such manner
and with such restrictions or mitigations as may be specified in the warrant or order.
**18. Execution in the States of certain capital sentences not ordinarily executable**
**there.—(1) Where a [1][Court established by the authority of the Central Government] exercising, in**
or with respect to territory beyond the limits of the States, jurisdiction which [2] [the [3] [Central
Government]] has in such territory,—
(a) has sentenced any person to death, and
(b) being of opinion that such sentence should, by reason of there being in such territory no
secure place for the confinement of such person or no suitable appliances for his execution in a
decent and humane manner, be executed in the States has issued its warrant for the execution of
such sentence to the officer in charge of a prison in the States,
such officer shall, on receipt of the warrant, cause the execution to be carried out at such place as may
be prescribed therein in the same manner and subject to the same conditions in all respects as if it
were a warrant duly issued under the provisions of section 381 of the Code of Criminal Procedure,
1898 (5 of 1898).
(2) The prisons of which the officers in charge are to execute sentences under any such warrants
as aforesaid [4][shall in each State be such as the State Government] may, by general or special order,
direct.
5* - - -
PART V.— [PERSONS UNDER SENTENCE OF PENAL SERVITUDE.] _Omitted by the Criminal_
_Law (Removal of Racial Discriminations) Act, 1949 (17 of 1949). s. 4._
**19. [Persons under sentence of penal servitude how to be dealt with.] Omitted by s. 4, ibid.**
**20. [Enactments respecting persons under sentence of transportation or imprisonment with hard**
_labour applied to persons under sentence of penal servitude.] Omitted by s. 4, ibid._
**21. [Power to grant license to person sentenced to penal servitude.] Omitted by s. 4, ibid.**
**22. [Licensee to be allowed to go at large.] Omitted by s. 4** ibid.
**23. [Apprehension of convict where license revoked.] Omitted by s. 4** ibid.
1. Subs. by the A.O.1948, for “British Court”.
2. Subs. by the A.O.1937, for “the G. G. in C.”.
3. Subs. by the A.O.1948, for “Crown”.
4. Subs. by the A.O. 1937, for “shall be such as the G. G. in C. or a L. G. authorized by the G. G. in C. in this
behalf”.
5. Sub-section (3) and the proviso thereto omitted by the A.O. 1950.
7
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**24. [Execution of warrant.]Omitted by the Criminal Law (Removal of Racial Discriminations)**
_Act, 1949 (17 of 1949). s. 4._
**25. [Licensee when arrested to be brought up for recommitment]. Omitted by s. 4,** ibid.
**26. [Recommitment.] Omitted by s. 4,** ibid.
**27. [Penalty for breach of condition of the license.] Omitted by s. 4, ibid.**
PART VI
REMOVAL OF PRISONERS
**28. References in this Part to prisons, etc., to be construed as referring also to**
**Reformatory Schools.—In this Part, all references to prisons or to imprisonment or confinement**
shall be construed as referring also to Reformatory Schools or to detention therein.
1[29. Removal of prisoners.—(1) The 2[State Government] may, by general or special order.
provide for the removal of any prisoner confined in a prison—
(a) under sentence of death, or
(b) under, or in lieu of, a sentence of imprisonment or transportation, or
(c) in default of payment of a fine, or
(d) in default of giving security for keeping the peace or for maintaining good behavior,
to any other prison in [3][the State [4]***].
(2) [5][Subject to the orders, and under the control, of the State Government] the Inspector-General
of Prisons may, in like manner, provide for the removal of any prisoner confined as aforesaid in a
prison in the State to any other prison in the State[6].]
**30. Lunatic prisoners how to be dealt with.—(1) Where it appears to the State Government**
that any person detained or imprisoned under any order or sentence of any Court is of unsound mind,
the State Government may, by a warrant setting forth the grounds of belief that the person is of
unsound mind, order his removal to a lunatic asylum or other place of safe custody within the State,
there to be kept and treated as the State Government directs during the remainder of the term for
which he has been ordered or sentenced to be detained or imprisoned, or, if on the expiration of that
term it is certified by a medical officer that it is necessary for the safety of the prisoner or others that
he should be further detained under medical care or treatment, then until he is discharged according to
law.
(2) Where it appears to the State Government that the prisoner has become of sound mind, the
State Government shall, by a warrant directed to the person having charge of the prisoner, if still
liable to be kept in custody, remand him to the prison from which he was removed, or to another
prison within the State, or, if the prisoner is no longer liable to be kept in custody, order him to be
discharged.
(3) The provisions of section 9 of the [7] Lunatic Asylums Act, 1858 (36 of 1858), shall
1. Subs. by Act 1 of 1903, s. 3 and the second Schedule for section 29.
2. Subs. by the A.O. 1937, for “G. G. in C.”.
3. Subs. by the A.O. 1937, for “British India or to any prison in Berar”. The words “or to any prison in Berar” had been
added by Act 17 of 1923. s. 2.
4. The words “or, with the consent of the State Government concerned, to any prison in any other State” omitted by Act 29
of 1950, s. 4.
5. Subs. by the A. O. 1937, for “The L. G., and (subject to its orders and under its control)”.
6. The words “or, in the case of prisoner so confined in a prison in the C. P., for his removal to any other prison in the
Province or to any prison in Berar”, which had been added by Act 17 of 1923, s. 2 were omitted by the A. O. 1937.
7. See now the Indian Lunacy Act, 1912 (4 of 1912).
8
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# apply to every person confined in a lunatic asylum under sub-section (1) after the expiration of the term for which he was ordered or sentenced to be detained or imprisoned, and the time during which a prisoner is confined in a lunatic asylum under that sub-section shall he reckoned as part of the term of detention or imprisonment which he may have been ordered or sentenced by the Court to undergo.
1[(4) In any case in which the State Government is competent under sub-section (1) to order
# the removal of a prisoner to a lunatic asylum or other place of safe custody within the State, the State Government may order his removal to any such asylum or place within any other State or within [2][any part of India to which this Act does not extend] by agreement with the State Government of such other State [3]***; and the provisions of this section respecting the custody, detention, remand and discharge of a prisoner removed under sub-section (1) shall, so far as they can be made applicable apply to a prisoner removed under this sub-section.]
**31.** [Removal of prisoners from territories under one Local Government to territories
_under another.] Repealed by the Amending Act,_ 1903 (1 _of_ 1903), _s._ 4 _and the Third_
_Schedule._
PART VII
PERSONS UNDER SENTENCE OF TRANSPORTATION
**32. Appointment of places for confinement of persons under sentence of**
**transportation and removal thereto.—** [4][(1)] The [5][State Government] may appoint places
within [6][the State] to which persons under sentence of transportation shall be sent; and the [6][State
Government], or some officer duly authorised in this behalf by the [6][State Government], shall give
orders for the removal of such persons to the places so appointed, except when sentence of
transportation is passed on a person already undergoing transportation under a sentence previously
passed for another offence.
7[(2) In any case in which the State Government is competent under sub-section (1) to appoint
places within the States and to order the removal thereto of persons under sentence of transportation,
the State Government may appoint such places in any other State by agreement with State
Government of that State, and may by like agreement give orders or duly authorise some officer to
give orders for the removal thereto of such persons.]
PART VIII
DISCHARGE OF PRISONERS
**33. Release, on recognizance, by order of High Court, of prisoner recommended for**
**pardon.—[8][Any High Court] may, in any case in which it has recommended to [9][Government] the**
granting of a free pardon to any prisoner, permit him to be at liberty on his own recognizance.
1. Subs. by Act 38 of 1920, s. 2 and the First Schedule, for sub-section (4).
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “any Part B State”.
3. The words “or with such State or the Ruler thereof, as the case may be” omitted, ibid.
4. Section 32 was re-numbered as sub-section (1) of that section by Act 38 of 1920, s. 2 and the First Schedule.
5. Subs. by s. 2, and the First Schedule, Pt. I, ibid., for G.G. in C.
6. Subs. by s. 2 and the First Schedule; Pt. I, ibid., for “British India”.
7. Ins. by s. 2 and the First Schedule, ibid.
8. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “Any Court which is a High Court for a Part A State”.
9. Subs. by the A.O.1950 for “Her Majesty”.
9
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PART IX—[PROVISIONS _FOR_ _REQUIRING_ _THE_ _ATTENDANCE_ _OF_ _PRISONERS_
_AND OBTAINING THEIR EVIDENCE]_ _Repealed by the Prisoners_ (Attendance in Courts) Act,
1955 (32 of 1955), s. 10.
**34. [References in this part to prisons, etc., to be construed as referring also to**
_Reformatory Schools.] Repealed by s. 10, ibid._
**35.** [Power of Civil Courts to require appearance of _prisoner to give_
_evidence.] Repealed by s. 10, ibid._
**36.** [District Judge in certain cases to countersign orders made under section 35.]
_Repealed by s. 10, ibid._
**37. [Power for certain Criminal Courts to require attendance of prisoner to give**
_evidence or answer to charge.] Repealed by s. 10, ibid._
**38. [Order to be transmitted through Magistrate of the District or subdivision in**
_which person is confined.] Repealed by s. 10, ibid._
**39. [Procedure where removal is desired of person confined in Presidency-town or**
_more than one hundred miles from place where evidence is required.] Repealed by s._ 10,
ibid.
**40. [Persons confined beyond limits of appellate jurisdiction of High Court.] Repealed**
_by s. 10, ibid._
**41. [Prisoner to be brought up.] Repealed by s. 10, ibid.**
**42. [Power to Government to exempt certain prisoners from operation of this Part** .]
_Repealed by s. 10, ibid._
**43. [Officer in charge of prison when to abstain from carrying out orders** .] _Repealed_
_by s. 10, ibid._
**44. [Commissions for examination of prisoners.] Repealed by s. 10, ibid.**
**45. [Commissions for examination of prisoners beyond limits of appellate jurisdiction**
_of High Court.] Repealed by s. 10, ibid._
**46. [Commission how to be directed.] Repealed by s. 10, ibid.**
**47. [Process how served on prisoners.] Repealed by s. 10, ibid.**
**48. [Process served to be transmitted at prisoner’s request** .] Repealed by s. 10, ibid.
**49. [Application of Part in certain cases.] Repealed by s. 10, ibid.**
**50. [Deposit of costs.] Repealed by s. 10, ibid.**
10
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**51. [Power to make rules under this Part.]** _Repealed by the Prisoners (Attendance in_
_Courts) Act, 1955 (32 of 1955), s.10._
**52. [Power to declare who shall be deemed officer in charge of Prison** .] Repealed by
_s.10, ibid._
**53.** [Repeals.] _Repealed by the Repealing and Amending Act,_ 1914 (10 _of_ 1914), _s._ 3
_and the Second Schedule._
[THE FIRST SCHEDULE.] Repealed by the Prisoners (Attendance in Courts) Act, 1955 (32 of
1955), S. 10.
[THE SECOND SCHEDULE.] Repealed by s.10, ibid.
[THE THIRD SCHEDULE.] Repealed by the Repealing and Amending Act, 1914 (10 of 1914),
_s. 3 and the Second Schedule._
_______________
11
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|
22-Feb-1901 | 02 | The Indian Tolls (Army and Air Force) Act, 1901 | https://www.indiacode.nic.in/bitstream/123456789/2335/1/A1901-02.pdf | central | # THE INDIAN TOLLS (ARMY AND AIR FORCE) ACT, 1901 _______
ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Exemptions from tolls.
4. Tolls on vessels transporting troops and baggage, etc., of troops embarked or disembarked.
5. Penalty.
6. Compensation.
7. Rules.
8. [Repealed.].
THE SCHEDULE. [Repealed.].
-----
THE INDIAN TOLLS (ARMY AND AIR FORCE) ACT, 1901
ACT NO. 2 OF 1901[1]
[22nd February, 1901.]
An Act to amend the law relating to the exemption from tolls of persons and a property belonging
to the Army [2][or Air Force].
3* - - -
It is hereby enacted as follows: —
**1. Short title, extent and commencement.—(1) This Act may be called the Indian Tolls [4][(Army and**
Air Force)] Act, 1901;
5[(2) It extends to the whole of India 6***.]
(3) It shall come into force on the first day of April, 1901.
7[2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(a) the expression “authorised followers” means persons other than officers, soldiers or airmen,
who are employed by, or are in the service of, the Forces or Corps concerned, or are in the service of
any officer, soldier or airman of such Forces or Corps;
(b) “carriage” means a vehicle for carriage or haulage other than one specially constructed for use
on rails;
(c) “ferry” includes every bridge and other thing which is a ferry within the meaning of any
enactment authorising the levy of tolls on ferries, but does not include any ferry or other thing which is
included in the definition of “railway” in section 3 of the Indian Railways Act, 1890 (9 of 1890) ;
_8[(d) the expression “the regular forces” means “the regular Army” as defined in clause (xxi) of_
section 3 of the Army Act, 1950 (46 of 1950), and includes the “Air Force” as defined in clause (iv) of
section 4 of the Air Force Act, 1950 (45 of 1950);]
(e) “horse” includes a mule and any beast of whatever description which is used for burden or
draught or for carrying persons;
(f) the expression “Irregular Corps” means any force (other than [9][the Regular Forces or [10][the
Territorial Army or the National Cadet Corps]) raised and maintained in India under the authority of
the Central Government, [11]*** or any other force which may be notified in this behalf by order
published in the Official Gazette;
1. The Act has been extended to—
(1) Berar by the Berar Laws Act 1941 (4 of 1941).
(2) Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule.
(3) Pondicherry on 1-10-1963, vide.,Reg. 7 of 1963. s. 3 and the First Schedule.
(4) Lakshadweep (w.e.f. 1-10-1967): vide. Reg. 8 of 1965. s. 3 and the First Schedule.
2. Added by Act 10 of 1927, s. 2 and the First Schedule.
3. Preamble omitted by the A.O. 1950.
4. Subs. by Act 14 of 1942, s. 2, for “(Army)”.
5. Subs. by the A.O. 1950 for sub-section (2).
6. The words “except Part B States” omitted by Act 3 of 1951. s. 3 and the Schedule.
7. Subs. by Act 14 of 1942, s. 3, for section 2.
8. Subs. by Act 3 of 1951, s. 3 and the First Schedule, for clause (d).
9. Ins. by the A.O. 1950.
10. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the Auxiliary Force (India) or the Indian Territorial
Force”.
11. The words “or of the Crown Representative” omitted by the A. O. 1948.
-----
(g) the expression “Indian Reserve Forces” means the forces constituted by the Indian Reserve
Forces Act, 1888 (5 of 1888) and includes officers belonging to the Army in India Reserve of
Officers or to the [1][Regular Reserve of Officers] and members of [2]*** the Indian Air Force
Volunteer Reserve when subject to military or air force law, as the case may be;
(h) “landing-place” includes a pier, wharf, quay jetty and a stage whether fixed or floating;
(i) “public authority”, means the Central Government [3]*** or a State Government or a local
authority; and, so far as regards tolls levied by a railway company under section 4 of the Indian
Guaranteed Railways Act, 1879 (42 and 43 Vict. C. 41), or section 51 of the Indian Railways Act,
1890 (9 of 1890), includes such a railway company; and
(j) “tolls” includes duties, dues, rates, rents, fees and charges, but does not include customs
duties levied under the Indian Tariff Act, 1934 (32 of 1934), octroi duties or town duties on the
import of goods, or fares paid for the conveyance of passengers on a tramway.]
**3. Exemptions from tolls.—The following persons and property, namely : —**
4[(a) all officers, soldiers and airmen of—
(i) [5][the Regular Forces]
(ii) any Irregular Corps. [6]***
7* - - * *
(b) all members of [8][the Territorial Army or of the National Cadet Corps,] when on duty or
when proceeding to or returning from duty,
(c) all officers, soldiers and airmen of the Indian Reserve Forces when proceeding from their
place of residence on being called out for service, training, or muster or when proceeding back to
their place of residence after such service, training or muster,
(d) all authorised followers of—
(i) [5][the Regular Forces]
9[(ii) the Territorial Army or the National Cadet Corps,]
(iii) any Irregular Corps. [10]***
11* - - -
(e) all members of the families of officers, soldiers, airmen or authorised followers of—
(i) [5][the Regular Forces] or
(ii) any Irregular Corps,
when accompanying anybody of troops, or any officer, soldier, airman or authorised follower thereof
on duty or on the march,
(f) all prisoners under military or air force escort,
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “Indian Regular Reserve of Officers”.
2. The words “the Royal Air Force Volunteer Reserve and” omitted by the A.O.1950.
3. The words “or the Federal Railway Authority” omitted by the A.O.1948.
4. Subs. by Act 14 of 1942, s. 4, for clauses (a) to (h).
5. Subs. by the A.O.1950 for “His Majesty’s Regular Forces”.
6. The word “or” in sub-clause (ii) omitted by the Adaptation of Laws (No. 2) Order 1956.
7. Sub-clause (iii) omitted by the Adaptation of Laws (No. 2) Order 1956.
8. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the Auxiliary Force (India) or of the Indian
Territorial Force”.
9. Subs. by s. 3 and the Schedule, ibid., for the former sub-clause (a).
10. The word “or” in sub-clause (iii) omitted by the Adaptation of Laws (No. 2) Order 1956.
11 . Sub-clause (iv) omitted by the Adaptation of Laws (No. 2) Order 1956.
-----
(g) the carriages, horses, and baggage, and the persons (if any) employed in driving the
carriages or in carrying the baggage, of any persons exempted under any of the foregoing clauses,
when such carriages, horses, baggage, or persons accompanying the persons so exempted under
the circumstances mentioned in those clauses respectively]
1[(h)] all carriages and horses belonging to Government or employed 2[in the Indian] military
3[or air-force] service and all persons in charge of or accompanying the same, when conveying any
such persons as hereinbefore in this section mentioned or when conveying baggage or stores, or
when returning, unladen from conveying such persons, baggage or stores,
1[(i)] all carriages and horses, when moving under the orders of military 3[or air-force) authority
for the purpose of being employed [2][in the Indian] military [3][or air-force] service.
1[(j) all animals accompanying any body of troops which are intended to be slaughtered for
food or kept for any purpose connected with the provisioning of such troops, and
1[(k) all persons in charge of any carriage, horse or animal exempted under any of the foregoing
clauses when accompanying the same under the circumstances mentioned in those clauses
respectively,
shall be exempted from payment of any tolls—
(i) on embarking or disembarking, or on being shipped or landed, from or upon any landingplace, or
(ii) in passing along or over any turnpike or other road or bridge, or
(iii) on being carried by means of any ferry,
otherwise demandable by virtue of any Act, Ordinance, Regulation, order or direction of any
legislature or other public authority in [4]India:]
Provided that nothing in this section shall exempt any boats, barges or other vessels employed in
conveying the said persons or property along any canal from payment of tolls in like manner as other
boats, barges and vessels.
5[Explanation.—The persons or property exempted under clauses (d), (e) (g) and (j) shall be
deemed to accompany the Forces, troops, persons or property concerned, when the move of the
former is the direct result of, or is connected with the move of the latter, irrespective of the interval of
space and time between the two moves.]
**4. Tolls on vessels transporting troops and baggage, etc., of troops embarked or**
**disembarked.—(1) No tolls shall be leviable by any local authority in respect of—**
(a) any vessel employed by [6][the Central Government] solely for the transport of troops, or
(b) the horses, baggage or other effects of any troops embarking or disembarking at any port, or
(c) carriages belonging to Government or employed [2][in the Indian] military [3][or airforce]
service embarking or disembarking at any port.
(2) In respect of all such vessels or troops, their families, their horses, baggage, and their effects, or
any such carriages as aforesaid, the local authority concerned shall. in addition to its duties in the
embarking and disembarking of the same, perform and supply all such reasonable services and
accommodation as may, from time to time, be required by [6][the Central Government], and shall
receive payment for all such services and accommodation on such terms and for such periods as may,
1. Clauses (i), (j), (k) and (l) relettered (h), (i), (j) and (k) respectively by Act 14 of 1942. s. 4.
2. Subs. by the A.O. 1950, for “in His Majesty’s”.
3. Ins. by Act 10 of 1927, s. 2 and the First Schedule.
4. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “a Part A State or a Part C State”.
5. Added by Act 14 of 1942, s. 4.
6. Subs. by the A.O. 1937, for “the Government”.
-----
from time to time, be determined by [6][the Central Government] in consultation with such local
authority.
**5. Penalty.—Any person who demands and receives any toll in contravention of the provisions of**
section 3 or section 4 shall he punishable with fine which may extend to fifty rupees.
**6. Compensation.—(1) If any owner or lessee, or any Company, railway administration or local**
authority claims compensation for any loss alleged to have been incurred Owing to the operation of
this Act, the claim shall he submitted to the [1][Central Government].
(2) On receiving any such claim, the [1][Central Government] [2]*** shall pass such order thereon as
justice requires, and shall give all necessary directions for the purpose of ascertaining the fact of the
case and of assessing the compensation, if any, to be paid.
**7. Rules.—(1) The Central Government [3]*** may make rules to carry out the purposes and objects**
of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the Central
Government [4]*** may make rules providing for the form of passes to be given to persons or bodies of
persons or in respect of property entitled to exemption from the payment of tolls under this Act.
(3) The power to make rules under this section is subject to the condition of the rules being made
after previous publication.
(4) All rules made under this section shall be published in the Official Gazette [5]*** and, on such
publication, shall have effect as if enacted by this Act.
6[(5) Every rule made by the Central Government under this section shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule].
**8. [Repeals.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 and the**
_Second Schedule._
THE SCHEDULE.—[Enactments repealed.] Rep. by s. 3 and the Second Schedule ibid.
1. Subs. by the A.O. 1937, for “L. G.”.
2. The words “subject to the control of the G. G. in C.” omitted, ibid.
3. The words “and the L.G. with the previous sanction of the G.G. in C.”, omitted, ibid.,
4. The words “or the L G. with the previous sanction of the G.G. in C.”, omitted, ibid.
5. The words “or in the local Official Gazette” omitted, ibid.
6. Ins. by Act 20 of 1983, s. 2 and the Schedule (w. e. f. 15-3-1984).
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|
20-Mar-1903 | 07 | The Works of Defence Act, 1903 | https://www.indiacode.nic.in/bitstream/123456789/2337/1/AAA1903_____37.pdf | central | # THE WORKS OF DEFENCE ACT, 1903
_________
# ARRANGEMENT OF SECTIONS
________
PART I
PRELIMINARY
SECTIONS
1. Short title and extent.
2. Definitions.
2A. Construction of references to laws not in force, or any functionary not in existence, in any area.
PART II
IMPOSITION OF RESTRICTIONS
3. Declaration and notice that restrictions will be imposed.
4. Power to do preliminary Acts after publication of notice under section 3, sub-section (2).
5. Payment for damage.
6. Further powers exercisable after publication of notice under section 3, sub-section (2).
7. Restrictions.
8. Land to be marked out, measured, registered and planned.
9. Notice to persons interested.
10. Power to require and enforce the making of statements as to names and interests.
11. Application of certain sections of the Indian Penal Code.
12. Inquiry and award by Collector.
13. Award of Collector when to be final.
14. Adjournment of inquiry.
15. Power to summon and enforce attendance of witnesses and production of documents.
16. Matters to be considered and neglected.
17. Supplementary proceedings.
PART III
REFERENCE TO COURT AND PROCEDURE THEREON
18. Reference to Court.
19. Collector’s statement to the Court.
20. Service of notice.
21. Restriction on scope of proceedings.
22. Proceedings to be in open Court.
-----
SECTIONS
23. Matters to be considered in determining compensation.
24. Matters not to be considered in determining compensation.
25. Rules as to amount of compensation.
26. Form of awards.
27. Costs.
28. Collector may be directed to pay interest on excess compensation.
PART IV
APPORTIONMENT OF COMPENSATION
29. Particulars of apportionment to be specified.
30. Dispute as to apportionment.
PART V
PAYMENT
31. Payment of compensation or deposit of same in Court.
32. Investment of money deposited in respect of lands belonging to persons incompetent to alienate.
33. Investment of money deposited in other cases.
34. Payment of interest.
PART VI
MISCELLANEOUS
35. Service of notices.
36. Penalties.
37. Magistrate to enforce the terms of the Act.
38. Completion of imposition of restrictions not compulsory, but compensation to be awarded when not
completed.
39. Demolition of part of house or building and imposition of restrictions on part of land.
40. Exemption from stamp duty and fees.
41. Notice in case of suits for anything done in pursuance of Act.
42. Code of Civil Procedure to apply to proceedings before Court.
43. Appeals in proceedings before Court.
44. Power to make rules.
-----
# THE WORKS OF DEFENCE ACT, 1903
ACT NO. 7 OF 1903[1]
[20th March, 1903.]
# An Act to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of
works of defence in order that such land may be kept free from buildings and other obstructions, and for determining the amount of compensation to be made on account of such imposition.
WHEREAS it is expedient to provide for imposing restrictions upon the use and enjoyment of land in the
vicinity of works of defence in order that such land may be kept free from buildings and other obstructions
and for determining the amount of compensation to be made on account of such imposition; It is hereby
enacted as follows:—
PART I
PRELIMINARY
**1. Short title and extent.—(1) This Act may be called the [2]*** Works of Defence Act, 1903; and**
3[(2) It extends to the whole of India.]
**2. Definitions.—In this Act, unless there is something repugnant in the subject or context,—**
(a) the expression “land” includes benefits to arise out of land, and things attached to the earth or
permanently fastened to anything attached to the earth;
(b) the expression “person interested” includes all persons claiming an interest in compensation to be
made on account of the imposition of restrictions upon the use and enjoyment of land under this Act; and
a person shall be deemed to be interested in land if he is interested in an casement affecting the land;
4[(c) the expression “District” means one of the Districts into which India is, for military purposes for
the time being, divided; it includes a Brigade area which does not form part of any District, and any area
which the Central Government may, by notification in the Official Gazette, declare to be a District for all
or any of the purposes of this Act;
(d) the expression “Central Officer Commanding the District” means the officer for the time being in
command of the forces in a District;]
(e) the expression “Commanding Officer” means the officer for the time being in command of a work
of defence;
(f) the expression “Collector” includes any officer specially appointed by the [5][Central Government]
to perform the functions of a Collector under this Act;
(g) the expression “Court” means a principal Civil Court of original jurisdiction, unless the [5][Central
Government] has appointed (as it is hereby empowered to do) a special judicial officer within any
specified local limits to perform the functions of the Court under this Act;
1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Schedule (w.e.f. 31-1-1963) and to
Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of 1963, s. 3 and the First Schedule.
2. The word “Indian” omitted by Act 50 of 1974, s. 2 (w.e.f. 12-12-1974).
3. Subs. by Act 39 of 1965, s. 2, for sub-section (2) (w.e.f. 3-12-1965).
4. Subs. by Act 11 of 1921, s. 2, for clauses (c) and (d).
5. Subs. by the A.O. 1937, for “L.G.”.
-----
(h) “maintain”, with its grammatical variations and cognate expressions, does not, when used in
relation to a house or other construction, include the doing of any act necessary for keeping such house or
construction, until the making of the award referred to in section 12 or until the exercise, prior to the
making of the award, of the powers of demolition conferred, in case of emergency, by section 6, subsections (1) and (3), in the state in which it was at the time of the publication of the notice referred to in
section 3, sub-section (2);
(i) the following persons shall be deemed “entitled to act” as and to the extent hereinafter provided,
that is to say,—
trustees for other persons beneficially interested shall be deemed the persons entitled to act with
reference to any case, and that to the same extent as the persons beneficially interested could have
acted if free from disability;
a married woman, in cases to which the English law is applicable, shall be deemed the person so
entitled to act, and, whether of full age or not, to the same extent as if she were unmarried and of full
age; and
the guardians of minors and the committees or managers of lunatics or idiots shall be deemed
respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots
themselves, if free from disability, could have acted:
Provided that—
(i) no person shall be deemed “entitled to act” whose interest in the subject-matter is shown
to the satisfaction of the Collector or Court to be adverse to the interest of the person interested
for whom he would otherwise be entitled to act;
(ii) in every case the person interested may appear by a next friend or, in default of his
appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian
for the case to act on his behalf in the conduct thereof;
(iii) the provisions of Chapter XXXI of the Code of Civil Procedure[1] (14 of 1882) shall,
mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by
a next friend, or by a guardian for the case, in proceedings under this Act; and
(iv) no person “entitled to act” shall be competent to receive the compensation money
payable to the person for whom he is entitled to act, unless he would have been competent to
alienate the land upon the use and enjoyment of which restrictions are to be imposed and receive
and give a good discharge for the purchase-money on a voluntary sale.
2[2A. Construction of references to laws not in force, or any functionary not in existence, in any
**area.—Any reference in this Act to any law which is not in force in any area or any reference therein to any**
functionary not in existence in any area shall, in relation to that area, be construed as a reference to the
corresponding law, if any, in force or to the corresponding functionary, if any, in existence, in that area.]
PART II
IMPOSITION OF RESTRICTIONS
**3. Declaration and notice that restrictions will be imposed.—(1) Whenever it appears to the [3][Central**
Government] that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of
any work of defence or of any site intended to be used or to be acquired for any such work, in order that such
land may be kept free from buildings and other obstructions, a declaration shall be made to that effect under
the signature of a Secretary to such Government or of some officer duly authorised to certify its orders.
1. See now the Code of Civil Procedure, 1908 (5 of 1908), First Schedule, Order XXXII.
2. Ins. by Act 39 of 1965, s. 2.
3. Subs. by the A.O. 1937, for “L.G.”.
-----
(2) The said declaration shall be published in the Official Gazette and shall state the district or other
territorial division in which the land is situate and the place where a sketch plan of the land, which shall be
prepared on a scale not smaller than six inches to the mile and shall distinguish the boundaries referred to in
section 7, may be inspected; and the Collector shall cause public notice of the substance of the said
declaration to be given at convenient places in the locality,
(3) The said declaration shall be conclusive proof that it is necessary to keep the land free from buildings
and other obstructions.
**4. Power to do preliminary Acts after publication of notice under section 3, sub-section (2).—It shall**
be lawful for such officer as the [1][Central Government] may, by general or special order, authorise in this
behalf, and for his servants and workmen, at any time after publication of the notice mentioned in section 3,
sub-section (2), to enter upon and survey and take levels of any land in such locality, to dig or bore into the
sub-soil, to do all other acts necessary to ascertain whether any and, if so, what restrictions should be imposed
on the use and enjoyment of the land, to set out the boundaries of the land upon the use and enjoyment of
which restrictions are to be imposed, or of any part of such land, to mark such levels, boundaries and line by
placing marks and cutting trenches, and, where otherwise the survey cannot be completed and the levels taken
and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or
jungle :
Provided that no person shall enter into any building or upon any enclosed court or garden attached to a
dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at
least seven days’ notice in writing of his intention to do so.
**5. Payment for damage.—The officer so authorised shall at the time of such entry pay or tender**
payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the
amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief
revenue officer of the district, and such decision shall be final.
**6. Further powers exercisable after publication of notice under section 3, sub-section (2).—(1)**
Whenever a declaration has been made and public notice thereof has been given under section 3, it shall,
subject to the provisions of sub-sections (2) to (4), be lawful for such officer as the [1][Central Government]
may, by general or special order, authorise in this behalf, and for his servants and workmen, to enter and
demolish any buildings or other constructions on the surface, to cut down or grub up all or any of the trees, to
remove or alter all or any of the banks, fences, hedges and ditches, to make underground and other drains, to
fill up all excavations, and demolish all buildings and other constructions below the surface, and generally to
level and clear the said land and do all such acts for levelling and clearing the same as he may deem
necessary or, proper but in such manner nevertheless that evidence of the boundaries of the lands held by
different owners may be preserved.
(2) The powers conferred by sub-section (1) shall not be exercised,—
(a) save as otherwise provided by sub-section (3), before the making of the award hereinafter referred
to in section 12, nor
(b) save as otherwise provided by sub-section (4), after the expiration of six months from the making
of the said award, or any shorter period on the expiration of which the officer exercising such powers
gives notice to the Collector that there will be no further exercise of them.
(3) In case of emergency, the [1][Central Government] [2]*** may, by notification in the Official Gazette,
declare that all or any powers conferred by sub-section (1) may be exercised at any time within six months
after the publication of the notice referred to in section 3, sub-section (2), and such powers may be exercised
accordingly, and the said notification shall be conclusive proof of emergency.
1. Subs. by the A.O. 1937, for “L.G.”.
2. The words “with the previous sanction of the G.G. in C.” omitted ibid.
-----
(4) Nothing in sub-section (2) shall be deemed to preclude any such officer or his servants or workmen
from exercising at any lime the said powers for the purpose of removing, wholly or in part, any building or
other obstruction maintained, created, added to, altered, planted, stacked, stored or otherwise accumulated in
contravention of this Act or of any rule or order made there under or of any condition prescribed in
accordance therewith.
**7. Restrictions.—From and after the publication of the notice mentioned in section 3, sub-section (2),**
such of the following restrictions as the [1][Central Government] may in its discretion declare therein shall
attach with reference to such land, namely:—
(a) Within an outer boundary which, except so far as is otherwise provided in section 39,
sub-section (4), may extend to a distance of two thousand yards from the crest of the outer parapet of the
work,—
(i) no variation shall be made in the ground-level, and no building, wall, bank or other
construction above the ground shall be maintained, erected, added to or altered otherwise than with
the written approval of the [2][General Officer Commanding the District], and on such conditions, as
he may prescribe;
(ii) no wood, earth, stone, brick, gravel, sand or other material shall be stacked, stored or
otherwise accumulated:
Provided that, with the written approval of the [3][General Officer Commanding the District] and
on such conditions as he may prescribe, road-ballast, manure and agricultural produce may be
exempted from the prohibition:
Provided also that any person having control of the land as owner, lessee or occupier shall be
bound forthwith to remove such road-ballast, manure or agricultural produce, without compensation,
on the requisition of the Commanding Officer;
(iii) no surveying operation shall be conducted otherwise than by or under the personal
supervision of a public servant duly authorised in this behalf, in the case of land under the control of
military authority, by the Commanding Officer and, in other cases, by the Collector with the
concurrence of the Commanding Officer; and
(iv) where any building, wall, bank or other construction above the ground has been permitted
under clause (i) of this sub-section to be maintaind, erected, added to or altered, repairs shall not,
without the written approval of the[ 2][General Officer Commanding the District], be made with
materials different in kind from those employed in the original building, wall, bank or other
construction.
(b) Within a second boundary which may extend to a distance of one thousand yards from the crest of
the outer parapet of the work, the restrictions enumerated in clause (a) shall apply with the following
additional limitations, namely:—
(i) [4][no building, wall, bank or other construction of permanent materials above the ground shall
be maintained otherwise than with the written approval of the General Officer Commanding the
District and on such conditions as he may prescribe, and no such building, wall bank or other
construction shall be erected:]
1. Subs. by the A.O. 1937, for “L.G.”.
2. Subs. by Act 11 of 1921, s. 3, for “General Officer Commanding the Division”.
3. Subs. by s. 3, ibid., for “General Officer Commanding the Division, District or Brigade”.
4. Subs. by Act 28 of 1940, s. 2, for certain words.
-----
Provided that, with the written approval of the [1][General Officer Commanding the District] and
on such conditions as he may prescribe, huts, fences or other constructions of wood or other
materials, easily destroyed or removed, may be maintained, erected, added to or altered:
Provided also, that any person having control of the land as owner, lessee or occupier shall be
bound forthwith to destroy or remove such huts, fences or other constructions, without compensation,
upon an order in writing signed by the [2][General Officer Commanding the District]; and
(ii) live hedges, rows or clumps or trees or orchards shall not be maintained, planted, added to or
altered otherwise than with the written approval of the [1][General Officer Commanding the District]
and on such conditions as he may prescribe.
(c) Within a third boundary which may extend to a distance of five hundred yards from the crest of
the outero parapet of the work, the restrictions enumerated in clauses (a) and (b) shall apply with the
following additional limitation, namely:—
no building or other construction on the surface, and no excavation, building or other
construction below the surface, shall be maintained or erected :
Provided that, with the written approval of the Commanding Officer and on such conditions as he
may prescribe, [3][a building or other construction on the surface may be maintained and] open railings
and dry brush-wood fences may be exempted from this prohibition.
**8. Land to be marked out, measured, registered and planned.—As soon as may be after the**
publication of the declaration aforesaid, the Collector shall cause the land to be marked out and measured,
and shall also prepare a register and a detailed plan, which shall be on a scale not smaller than six inches to
the mile, showing accurately every building, tree and other obstruction.
**9. Notice to persons interested.—(1) At any time before the expiration of—**
(a) the period of eighteen months from the publication of the declaration referred to in section 3, or
(b) such other period not exceeding three years from the said publication as the [4][Central
Government] [5]*** may, by notification in the Official Gazette direct in this behalf,
the Collector shall cause public notice to be given at convenient places on or near the land, stating the effect
of the said declaration and that claims to compensation for all interests in such land affected by anything done
or ordered in pursuance of such declaration may be made to him:
Provided that, where anything has been done in exercise of the powers conferred, in case of emergency
by section 6, sub-section (3), the notice prescribed by this section shall be given as soon as may be thereafter.
(2) Such notice shall state the particulars of any damage ordered to be done or, in the case referred to in
section 6, sub-section (3), done in exercise of any of the powers conferred by the said section, and the
particulars of any restrictions attaching to the land under section 7, and shall require all persons interested in
the land to appear personally or by agent before the Collector at a time and place therein mentioned (such
time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of
their respective interests in the land and the amount and particulars of their claims to compensation for
damage to such interests and their objections (if any) to the measurements made under section 8. The
Collector may in any case require such statement to be made in writing and signed by the party or his agent.
1. Subs. by Act 11 of 1921, s. 3, for “General Officer Commanding the Division”.
2. Subs. by s. 3, ibid., for “General Officer Commanding the Division, District or Brigade”.
3. Ins. by s. 2, ibid.
4. Subs. by the A.O. 1937, for “L.G.”.
5. The words “with the previous sanction of the G.G. in C.” rep, ibid.
-----
(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all
such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as
reside or have agents authorised to receive service on their behalf, within the revenue-district in which the
land is situate.
(4) In case any person so interested resides elsewhere, and has no such agent the notice shall be sent to
him by post in a letter addressed to him at his last known residence, address or place of business.
**10. Power to require and enforce the making of statements as to names and interests.—The**
Collector may also require any such person to make or deliver to him, at a time and place mentioned (such
time not being earlier than fifteen days after the date of the requisition) a statement containing, so far as may
be practicable, the name of every other person possessing any interest in the land or any part thereof as coproprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents
and profits (if any) received or receivable on account thereof for three years next preceding the date of the
statement.
**11. Application of certain sections of the Indian Penal Code.—Every person required to make or**
deliver a statement under section 9 or section 10 shall be deemed to be legally bound to do so within the
meaning of sections 175 and 176 of the Indian Penal Code.
**12. Inquiry and award by Collector.—On the day fixed under section 9 or on any other day to which**
the inquiry has been adjourned, the Collector shall proceed to inquire into the objections (if any) which any
person interested has stated pursuant to a notice given under the said section to the measurements made under
section 8, and into the decrease in the value of the land, and into the respective interests of the persons
claiming the compensation, and shall make an award under his hand of—
(a) the true area of the land and the nature of the obstructions from which the land is to be kept free;
(b) the compensation which in his opinion should be allowed for any damage caused or to be caused
under section 6 and for any restrictions imposed under section 7; and
(c) the apportionment of the said compensation among all the persons known or believed to be
interested in the land, of whom or of whose claims he has information, whether they have respectively
appeared before him or not.
**13. Award of Collector when to be final.—(1) Such award shall be filed in the Collector’s office and**
shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the
persons interested; whether they have respectively appeared before the Collector or not, of the true area of the
land, the nature of the said obstruction from which the land is to be kept free, the damage caused or to be
caused under section 6, the value of the rights restricted under section 7 and the apportionment of the
compensation among the persons interested.
(2) The Collector shall give immediate notice of his award to such of the persons interested as are not
present personally or by their representatives when the award is made.
**14. Adjournment of inquiry.—The Collector may, for any cause he thinks fit, from time to time adjourn**
the inquiry to a day to be fixed by him.
**15. Power to summon and enforce attendance of witnesses and production of documents.—For the**
purpose of injuries under this Act the Collector shall have power to summon and enforce the attendance of
witnesses, including the parties interested or any of them, and to compel the production of documents, by the
same means, and (so far as may be) in the same manner, as is provided in the case of a Civil Court under the
Code of Civil Procedure[1] (14 of 1882).
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
-----
**16. Matters to be considered and neglected.—In determining the amount of compensation, the**
Collector shall be guided by the provisions contained in sections 23 and 24.
**17. Supplementary proceedings.—Whenever the officer exercising powers conferred by section 6**
considers it necessary that anything in respect of which any person is or may be entitled to compensation but
of which do notice has been given or compensation awarded, under sections 9 and 12, respectively, should be
done in pursuance of the said powers, the collector shall cause supplementary notice to be given, as nearly as
may be, in the manner prescribed by section 9 and subject to the limit of time imposed by sub-section (1) of
that section, and the provisions of sections 10 to 16 shall, so far as they are applicable be deemed to apply to
any further inquiry and award which may be held or made in consequence of such supplementary notice.
PART III
REFERENCE TO COURT AND PROCEDURE THEREON
**18. Reference to Court.—(1) Any person interested who has not accepted the award may, by written**
application to the Collector, require that the mailer be referred by the Collector for the determination of the
Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons
to whom it is payable, or the apportionment of the compensation among the persons interested:
Provided that every such application shall be made,—
(a) if the person making it was present or represented before the Collector at the time when he made
his award, within six weeks from the date of the Collector’s award;
(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 13;
sub-section (2) or within six months from the date of the Collector’s award, whichever period shall first
expire.
(2) The application shall state the grounds on which objection to the award is taken.
**19. Collector’s statement to the Court.—(1) In making the reference the Collector shall state, for the**
information of the Court, in writing under his hand—
(a) the situation and extent of the land with particulars of any damage caused under section 6 or of
restrictions imposed under section 7;
(b) the names of the persons whom he has reason to think interested in such land;
(c) the amount of compensation awarded under section 12; and
(d) if the objection be to the amount of the compensation, the grounds on which the amount of
compensation was determined.
(2) To the said statement shall be attached a schedule giving the particulars of the notices served upon
and of the statements in writing made or delivered by, the parties interested respectively.
**20. Service of notice.—The Court shall thereupon cause a notice specifying the day on which the Court**
will proceed to determine the objection, and directing their appearance before the Court on that day, to be
served on the following persons namely:—
(a) the applicant;
(b) all persons interested in the objection, except such (if any) of them as have consented without
protest to receive payment of the compensation awarded; and
(c) if the objection is in regard to the area of the land, the nature of the obstructions or the amount of
the compensation, the Collector.
**21. Restriction on scope of proceedings.—The scope of the inquiry in every such proceeding shall be**
restricted to a consideration of the interests of the persons affected by the objection.
-----
**22. Proceedings to be in open Court.—Every such proceeding shall take place in open Court, and all**
persons entitled to practise in any Civil Court in the State shall be entitled to appear, plead and act, as the case
may be, in such proceeding.
**23. Matters to be considered in determining compensation.—(1) In determining the amount of**
compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act,
the Court shall take into consideration—
(a) the actual decrease in market value of the land owing to the publication of the declaration relating
thereto under section 3 and any damage caused or to be caused under section 6;
(b) the damage sustained by the person interested, by reason of the removal of any standing crops in
the exercise of any power conferred by section 6;
(c) the damage (if any) sustained by the person interested, by reason of ceasing to be able to use such
land conjointly with his other land;
(d) the damage (if any) sustained by the person interested, by anything done or ordered under
sections 6 and 7 injuriously affecting his other property, movable or immovable, in any other manner, or
his earnings; and
(e) if, in consequence of the imposition of restrictions, the person interested is compelled to change
his residence or place of business, the reasonable expenses (if any) incidental to such change.
(2) In addition to the amount representing the actual decrease in the market-value of the land as above
provided, the Court shall in every case award a further sum of fifteen per centum on such amount.
**24. Matters not to be considered in determining compensation.—In determining the amount of**
compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act,
the Court shall not take into consideration—
(a) the degree of urgency which has led to the damage or the imposition of restrictions;
(b) any disinclination of the person interested to submit to damage or restrictions;
(c) any damage sustained by him, which, if caused by a private person, would not render such person
liable to a suit;
(d) any increase to the value of the other land of the person interested, accruing or likely to accrue
from anything done under this Act; or
(e) any outlay or improvements on, or disposal of, the land commenced, made or effected without the
sanction of the Collector after the date of the publication of the declaration under section 3.
**25. Rules as to amount of compensation.—(1) When the applicant has made a claim to compensation,**
pursuant to any notice given under section 9, the amount awarded to him by the Court shall not exceed the
amount so claimed or be less than the amount awarded, by the Collector under section 12.
(2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be
allowed by the Judge) to make such claim, the amount awarded by the Court shall in no case exceed the
amount awarded by the Collector.
(3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make such
claim, the amount awarded to him by the Court shall not be less than, and may exceed, the amount awarded
by the Collector.
**26. Form of awards.—Every award under this Part shall be in writing signed by the Judge, and shall**
specify the amount awarded under section 23, sub-section (1), clause (a), and also the amounts (if any)
respectively a warded under each of the other clauses of the same sub-section, together with the grounds of
awarding each of the said amounts.
-----
**27. Costs.—(1) Every such award shall also state the amount of costs incurred in the proceedings under**
this Pan, and by what persons and in what proportion they are to be paid.
(2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector,
unless the Court is of opinion that the claim of the applicant was so extravagant or that he was so negligent in
putting his case before the Collector that some deduction from his costs should be made or that he should pay
a part of the Collector's costs.
**28. Collector may be directed to pay interest on excess compensation.—If the sum which, in the**
opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the
Collector did award as compensation, the Court may direct that the Collector shall pay interest on such excess
at the rate of six per centum per annum from the date of his award to the date of payment of such excess into
Court.
PART IV
APPORTIONMENT OF COMPENSATION
**29. Particulars of apportionment to be specified.—Where there are several persons interested, if such**
persons agreed in the apportionment of the compensation, the particulars of such apportionment shall be
specified in the award, and as between such persons the award shall be conclusive evidence of the correctness
of the apportionment.
**30. Dispute as to apportionment.—When the amount of compensation has been settled under**
section 12, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to
whom the same or any part thereof is payable, the Collector may refer such dispute to the decision of the
Court.
PART V
PAYMENT
**31. Payment of compensation or deposit of same in Court.—(1) On making an award under**
section 12, the Collector shall tender payment of the compensation awarded by him to the persons interested
entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the
contingencies mentioned in sub-section (2).
(2) If they do not consent to receive it, or if there is no person competent to alienate the land, or if there is
any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall
deposit the amount of the compensation in the Court to which a reference under section 18 would be
submitted:
Provided, first, that any person admitted to be interested may receive such payment under protest as to the
sufficiency of the amount:
Provided, secondly, that no person who has received the amount otherwise than under protest shall be
entitled to make any application under section 18:
Provided, thirdly, that nothing herein contained shall affect the liability of any person, who may receive
the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully
entitled thereto.
(3) Notwithstanding anything in this section, the Collector may, with the sanction of the [1][Central
Government] instead of awarding a money compensation in respect of any land, make any arrangement with
a person having a limited interest in such land, either by the grant of other lands in exchange, or by the
remission of land revenue on the same or on other lands held under the same title, or in such other way as
may be equitable having regard to the interests of the parties concerned.
1. Subs. by the A.O. 1937, for “L.G.”.
-----
(4) Nothing in sub-section (3) shall be construed to interfere with or limit the power of the Collector to
enter into any arrangement with any person interested in the land and competent to contract in respect thereof.
**32. Investment of money deposited in respect of lands belonging to persons incompetent to**
**alienate.—(1) If any money is deposited in Court under section 31, sub-section (2), and it appears that the**
land in respect of which the same was awarded belonged to any person who had no power to alienate the
same, the Court shall order the money to be invested—
(a) in the purchase of other lands to be held under the like title and conditions of ownership as the
land in respect of which such money was deposited is held, or
(b) if such purchase cannot be effected forthwith, then in such Government or other approved
securities as it thinks fit;
and shall direct the payment of the interest or other proceeds arising from such investment to the person or
persons who would for the time being have been entitled to the possession of the said land, and such moneys
shall remain so deposited and invested until the same are applied—
(i) in the purchase of such other lands as aforesaid; or
(ii) in payment 16 any person or persons becoming absolutely entitled thereto.
(2) In all cases of moneys deposited to which this section applies, the Court shall order the cost of the
following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the
Collector, namely :—
(a) the costs of such investment as aforesaid;
(b) the costs of the orders for the payment of the interest or other proceeds of the securities in which
such moneys are for the time being invested, and for the payment out of Court of the principal of such
moneys and the costs of all proceedings relating thereto, except such as may be occasioned by litigation
between adverse claimants.
**33. Investment of money deposited in other cases.—If any money is deposited in Court under this Act**
for any cause other than that mentioned in section 32, the Court may, on the application of any party
interested or claiming an interest in such money, order the same to be invested in such Government or other
approved securities as it thinks fit, and may direct the interest or other proceeds of any such investment to be
accumulated and paid in such manner as will, in its opinion, give the parties interested therein the same
benefit therefrom as they might have had from the land in respect of which such money was deposited or as
near thereto as may be.
**34. Payment of interest.—When the amount of any compensation awarded under this Act is not paid or**
deposited within fifteen days of making the award, the Collector shall pay the amount awarded with interest
thereon at the rate of six per centum per annum from the date of the award until it is so paid or deposited.
PART VI
MISCELLANEOUS
**35. Service of notices.—(1) Service of any notice under this Act shall be made by delivering or tendering**
a copy thereof signed, in the case of a notice under section 3, sub-section (2), by the officer therein
mentioned, and, in the case of any other notice, by or by order of the Collector or the Judge.
(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.
(3) When such person cannot be found, the service may be made on any adult male member of his family
residing with him and, if no such adult male member can be found, the notice may be served by fixing the
copy on the outer door of the house in which the person therein named ordinarily dwells or carries on
business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the
Collector or in the court-house and also in some conspicuous part of the land upon which restrictions are to
be imposed:
-----
Provided that, if the Collector or Judge so directs, a notice may be sent by post in a letter addressed to the
person named therein at his last known residence, address or place of business and service of it may he
proved by the production of the addressee's receipt.
**36. Penalties.—Whoever willfully—**
(a) obstructs any person in doing any of the acts authorised by section 4, section 6 or section 8, or
(b) destroys, damages, alters or otherwise interferes with the ground level or any work done under
section 6, or
(c) contravenes any of the provisions of section 7 or any condition prescribed thereunder,
shall be punishable with imprisonment for a term which may extend to one month or with fine which may
extend to fifty rupees, or with both, and, in the case of a continuing offence, with an additional fine which
may extend to five rupees for every day after the first in regard to which he is convicted of having persisted in
the offence; and any expenses incurred in removing the effects of his offence may be recovered from him in
the manner provided by the law for the time being in force for the recovery of fines.
**37. Magistrate to enforce the terms of the Act.—If the Collector or officer authorised under section 6 is**
opposed or impeded in doing anything directed or permitted by this Act, he shall, if a Magistrate, enforce
compliance, and, if not a Magistrate, he shall apply to a Magistrate [1][or (within any area for which a
Commissioner of Police has been appointed) to the Commissioner of Police] and such Magistrate or
Commissioner (as the case may be) shall enforce compliance.
**38. Completion of imposition of restrictions not compulsory, but compensation to be awarded**
**when not completed.—(1) The [2][Central Government] shall be at liberty to withdraw from the imposition of**
any declared restrictions before any of the measures authorised by section 6 have been taken.
(2) Whenever the [2][Central Government] withdraws the imposition of any declared restrictions, the
Collector shall determine the amount of compensation due for the damage suffered by the owner in
consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person
interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this
Act relating to the said restrictions.
(3) The provisions of Part III shall apply, so far as may be, to the determination of the compensation
payable under this section.
**39. Demolition of part of house or building and imposition of restrictions on part of land.—(1) The**
provisions of this Act shall not be put in force for the purpose of demolishing or acquiring the right to
demolish a part only of any house, manufactory or other building, if the owner desires that the whole of such
house, manufactory or building shall be demolished or that the right to demolish the whole of it shall be
acquired:
Provided that the owner may at any time before the Collector has made his award under section 12, by
notice in writing, withdraw or modify his expressed desire that the whole of such house, manufactory or
building shall be demolished, or that the right to demolish the whole of it shall be acquired ;
Provided a lop so, that if any question shall arise as to whether any building or other construction
proposed to be demolished under this Act does or does not form part of a house, manufactory or building
within the meaning of this section, the Collector shall refer the determination of such question to the Court,
and such building or other construction shall not be demolished until after the question has been determined.
In deciding on such a reference the Court shall have regard to the question whether the building or other
construction proposed to be demolished is reasonably required for the full and unimpaired use of the house,
manufactory or building.
1. Subs. by Act 50 of 1974, s. 3, for certain words.
2. Subs. by the A.O. 1937, for “L.G.”.
-----
(2) If, in the case of any claim of the kind referred to in section 23, sub-section (1), clause (c), by a person
interested, on account of ceasing to be able to use the land, upon the use and enjoyment of which restrictions
are to be imposed, conjointly with his other land, the a [1][Central Government] is of opinion that the claim is
unreasonable or excessive, it may, at any time before the Collector has made his award, order the imposition
of restrictions upon the whole of the land of which the land upon the use and enjoyment of which it was first
sought to impose restrictions forms a part.
(3) In the case provided for by sub-section (2) no fresh declaration or other proceeding under sections 3
to 10 shall be necessary; but the Collector shall without delay furnish a copy of the order of the [1][Central
Government] to the person interested, and shall thereafter proceed to make his award under section 12.
(4) Notwithstanding anything contained in section 7, clause (a), any land, upon the use and enjoyment of
which restrictions are imposed under this section, may be included in the outer boundary, even though its
distance from the crest of the outer parapet of the work exceeds two thousand yards.
**40. Exemption from stamp duty and fees.—No award or agreement made under this Act shall be**
chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay
any fee for a copy of the same.
**41. Notice in case of suits for anything done in pursuance of Act.—No suit or other proceeding shall**
be commenced or prosecuted against any person for anything done in pursuance of this Act, without giving to
such person a month’s previous notice in writing of the intended proceeding, and of the cause thereof, nor
after tender of sufficient amends.
**42. Code of Civil Procedure to apply to proceedings before Court.—Save in so far as they may be**
inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure[2] (14 of 1882)
shall apply to all proceedings before the Court under this Act.
**43. Appeals in proceedings before Court.—Subject to the provisions of the Code of Civil**
Procedure[2] (14 of 1882) applicable to appeals from original decrees, an appeal shall lie to the High Court
from the award or from any part of the award of the Court in any proceeding under this Act.
**44. Power to make rules.—(1)** [3][The Central Government may, by notification in the Official Gazette,
make rules] for the guidance of officers in all matters connected with the enforcement of this Act.
(2) The power to make rules under sub-section (1) shall be subject to the condition of the rules being
made after previous publication.
4[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.]
_________
1. Subs. by the A.O. 1937, for “L.G.”.
2. See now the Code of Civil Procedure, 1908 (5 of 1908).
3. Subs. by Act 50 of 1974, s. 4, for certain words.
4. Subs. by s. 4, ibid., for sub-section (3).
-----
|
20-Mar-1903 | 10 | The Victoria Memorial Act, 1903 | https://www.indiacode.nic.in/bitstream/123456789/2336/1/A1903-10.pdf | central | # THE VICTORIA MEMORIAL ACT, 1903 _________
ARRANGEMENT OF SECTIONS ________
SECTIONS
1. Short title.
2. Trustees.
3. Property vested in Trustees.
4. Officers and servants to be public servants.
5. Rules.
6. Power of Trustees to make regulations.
1
-----
# THE VICTORIA MEMORIAL ACT, 1903
ACT NO. 10 OF 1903
[20th March, 1903]
# An Act to provide for the erection and management of the Victoria Memorial at Calcutta.
WHEREAS it is intended to erect at Calcutta a building as a memorial of the life and Reign of Her late
Majesty Victoria of the United Kingdom of Great Britain and Ireland Queen. Empress of India, and for
this purpose large sums of money have been subscribed by the princes and people of India;
AND WHEREAS at a meeting of subscribers held in Calcutta certain persons were appointed a
Provisional Executive Committee to take the custody of the said moneys;
AND WHEREAS it is expedient to make provision for the erection, maintenance and management of the
memorial and for the appointment of a permanent body of Trustees;
It is hereby enacted as follows:—
**1. Short title.—(1) This Act may be called the Victoria Memorial Act, 1903; [1]*****
1* - - -
**2. Trustees.—[2][(1) The Trustees of the Victoria Memorial (hereinafter called the Trustees) shall be**
the following, namely:—
(a) the Government of West Bengal, ex officio, Chairman ;
(b) the Chief Justice of the High Court of West Bengal, ex officio ;
(c) three persons to be nominated by the Central Government, one of whom shall be a
representative of commerce and industry, chosen in consultation with the State Government of West
Bengal and two others chosen from among persons who, in the opinion of the Central Government,
have expert knowledge of the exhibits in the Victoria Memorial or are museologists, historians or art
historians;
(d) a representative of the Central Government in the Ministry concerned with matters relating to
the Victoria Memorial, ex officio;
(e) a representative of the Central Government in the Ministry of Finance, Department of
Expenditure, concerned with matters relating to the Victoria Memorial, ex officio;
(f) the Mayor of the Corporation of Calcutta and where the Corporation of Calcutta is superseded,
the Administrator of that Corporation, ex officio;
(g) an officer, not below the rank of the Accountant General, nominated by the Comptroller and
Auditor General of India, ex officio;
(h) the Secretary to the Government of West Bengal in the Department of Education, ex officio;
(i) four persons (of whom one at least shall he from the general body of subscribers), to be
nominated by the Trustees from among persons, who, in the opinion of the Trustees from among
persons, who, in the opinion of the Victoria Memorial or are museologists, historians or art historians,
with the approval of the Central Government.]
(2) The Trustees shall be a body corporate, with perpetual succession by the name of “The Trustees of
the Victoria Memorial” and a common seal, and in that name shall sue and be sued, and shall have power
to acquire and hold property to enter into contracts, and to do all acts necessary for and consistent, with
the purposes of this Act.
1. The word “and” and sub-section (2) rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 and the First Schedule.
2. Subs. by Act 32 of 1981, s. 2, for sub-section (1).
2
-----
1[(3) All acts done by a majority by those present and voting at a meeting of the Trustees, and all acts
done in pursuance of a majority decision of the Trustees obtained by circulation to the Trustees of the
matter requiring decision, shall be deemed to be acts of the Trustees.]
2[(3A) If any of the Trustees referred to in clauses (b), (d), (e), (f), (g) and (h) of sub-section (1) is
unable to attend any meeting of the Trustees, he may, with the previous approval of the Chairman,
authorise in writing a person to do so.]
(4) No act of the Trustees shall be, deemed to be invalid merely by reason of any vacancy in, or defect
in the constitution of the body of the Trustees.
(5) In the case of ex officio Trustees the person for the time being performing the duties of any of the
offices mentioned in sub-section (1) shall act as a Trustee.
(6) The Trustees may appoint a person to act as their Secretary.
(7) Orders for the payment of money on behalf of the Trustees shall be deemed to be sufficiently
authenticated if signed by two Trustees and countersigned by the Secretary.
**3. Property vested in Trustees.—All sums of money now in the custody of the said Provisional**
Executive Committee and all other property, whether movable or immovable, which have been or may
hereafter be given, bequeathed or otherwise transferred for the purposes of the said Memorial or acquired
for the said purposes by the Trustees shall vest in the Trustees.
**4. Officers and servants to be public servants.—All Officers and servants employed by the Trustees**
shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860):
Provided that this section shall not apply to persons in the service of any contractor employed by the
Trustees.
**5. Rules.—(1) The Central Government** [2][by notification in the Official Gazette,] may make rules to
carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide—
(a) for the manner in which Trustees, other than ex officio Trustees, shall be appointed, and for the
periods of time for which such Trustees shall hold office;
(b) for the manner in which meetings of the Trustees shall be convened, the quorum necessary for
the transaction of business, and the procedure at such meetings;
3[(bb) for the manner in which a majority decision of the Trustees shall be obtained by circulation
to the Trustees of the matter requiring decision;]
(c) for the appointment of Committees of the Trustees, and the powers of expenditure and control
which may be delegated to such Committees;
(d) for the erection, maintenance .and management of the Memorial, the care and custody of the
objects deposited therein, and the conditions under which the public shall have access thereto;
4[(da) for the fees to be levied for admission to the Victoria Memorial;]
(e) for the form of accounts to be kept by the Trustees, and for the audit and publication of such
accounts. [5]***
6* - - -
1. Subs. by Act 25 of 1943, s. 2, for sub-section (3) (with retrospective effect).
2. Ins. by Act 32 of 1981, s. 2.
3. Ins. by Act 25 of 1943. s. 3.
4. Ins. by Act 32 of 1981. s. 3.
5. The word ‘and’ omitted by s. 3 ibid.
6. Clause (f) omitted by s. 3 ibid.
3
-----
1[(3) Every rule made by the Central Government under this section shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.]
2[6. Power of Trustees to make regulations.—(1) The Trustees may, with the previous approval of
the Central Government, by notification in the Official Gazette, make regulations, not inconsistent with
this Act and the rules made thereunder, for enabling the body to discharge its functions under this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the conditions and restrictions subject to which articles and things vested in the Trustees may be
given on loan;
(b) the recruitment and conditions of service of the employees of the Victoria Memorial.
(3) Every regulation shall, as soon as may be, after it is made by the Trustees, be forwarded to the
Central Government and that Government shall cause a copy of the same to be laid before each House of
Parliament, while it is in session for a total period of thirty days, which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any modification in the
regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
that regulation.]
_________
1. Ins. by Act 32 of 1981, s. 3.
2. Ins. by s. 4, ibid.
4
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|
18-Mar-1904 | 07 | The Ancient Monuments Preservation Act, 1904 | https://www.indiacode.nic.in/bitstream/123456789/2339/1/A1904-7.pdf | central | # THE ANCIENT MONUMENTS PRESERVATION ACT, 1904
_________
# ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title and extent.
2. Definitions.
3. Protected monuments.
_Ancient Monuments_
4. Acquisition of rights in or guardianship of an ancient monument.
5. Preservation of ancient monument by agreement.
6. Owners under disability or not in possession.
7. Enforcement of agreement.
8. Purchasers at certain sales and persons claiming through owner bound by instrument executed by
owner.
9. Application of endowment to repair of an ancient monument.
10. Compulsory purchase of ancient monument
10A. Power Central Government to control mining, etc., near ancient monument.
11. Maintenance of certain protected monuments.
12. Voluntary contributions.
13. Protection of place of worship from misuse, pollution or desecration.
14. Relinquishment of Government rights in a monument.
15. Right of access to certain protected monuments.
16. Penalties.
_Traffic in Antiquities_
17. Power to Central Government to control traffic in antiquities.
_Protection of Sculptures, Carvings, Images, Bas-reliefs, Inscriptions or like objects_
18. Power to Central Government to control moving of sculptures, carvings or like objects.
19. Purchase of sculptures, carvings or like objects by the Government.
_Archaeological Excavation_
20. Power of Central Government to notify areas as protected.
20A. Power to enter upon and make excavations in a protected area.
-----
SECTIONS
20B. Power of Central Government to make rules regulating Archaeological excavation in protected
areas.
20C. Power to acquire a protected area.
_General_
21. Assessment of market-value or compensation.
22. Jurisdiction.
23. Power to make rules.
24. Protection to public servants acting under Act.
-----
# THE ANCIENT MONUMENTS PRESERVATION ACT, 1904
ACT NO. 7 OF 1904[1]
[18th March, 1904.]
# An Act to provide for the preservation of Ancient Monuments and of objects of archaeological,
historical, or artistic interest.
WHEREAS it is expedient to provide for the preservation of ancient monuments, for the exercise of control
over traffic in antiquities and over excavation in certain places, and for the protection and acquisition in
certain cases of ancient monuments and of objects of archaeological, historical or artistic interest; It is hereby
enacted as follows:—
**1. Short title and extent.—(1) This Act may be called the Ancient Monuments Preservation**
Act, 1904.
2[(2) It extends to the whole of India 3[ *except the State of Jammu and Kashmir].]
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(1) “ancient monument” means any structure, erection or monument or any tumulus or place of
interment, or any cave, rock-sculpture, inscription or monolith, which is of historical, archeological or
artistic interest, or any remains thereof, and includes—
(a) the site of an ancient monument;
(b) such portion of land adjoining the site of an ancient monument as may be required for fencing
or covering in or otherwise preserving such monument; and
(c) the means of access to and convenient inspection of an ancient monument:
(2) “antiquities” include any moveable objects which [4][the Central Government], by reason of their
historical or archeological associations, may think it necessary to protect against injury, removal or
dispersion:
(3) “Commissioner” includes any officer authorised by [5][the Central Government] to perform the
duties of a Commissioner under this Act:
(4) “maintain” and “maintenance” include the fencing, covering in, repairing, restoring and cleansing
of a protected monument, and the (doing of any act which may be necessary for the purpose of
maintaining a protected monument or of securing convenient access thereto:
1. The Act has ceased to have effect in relation to ancient and historical monuments and archaeological sites and remains declared to
be of national importance by or under Act 24 of 1958, vide s. 39 thereof (w.e.f. 15-10-1959). Ceased to have effect in Andhra in
relation to Ancient and Historical Monuments and Archaeological Sites and Remains Area declared to be protected Monuments by
Andhra Act 7 of 1960.
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955 and in Maharashtra by Maharashtra
Act 12 of 1961.
Amended in its application to—
(1) Mysore by Mysore Act 7 of 1962.
(2) Rajasthan by Rajasthan Act 19 of 1961.
The Act comes into force in Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and the First Schedule.
2. Subs by the A.O. 1950, for sub-section (2).
3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “except Part B States”.
4. Subs. by the A.O.1937, for “the Govt.”.
5. Subs., ibid., for “the L.G.”.
*. Now applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by the Notification of
Government of India, M/o Home Affairs vide No. S.O. 3912 (E), dated 30th October, 2019 (w.e.f. 31-10-2019).
-----
(5) “land” includes a revenue-free estate, a revenue-paying estate, and a permanent transferable
tenure, whether such estate or tenure be subject to incumbrances or not: and
(6) “owner” includes a joint owner invested with powers of management on behalf of himself and
other joint owners, and any manager or trustee exercising powers of management over an ancient
monument, and the successor in title of any such owner and the successor in office of any such manager
or trustee:
Provided that nothing in this Act shall be deemed to extend the powers which may lawfully be
exercised by such manager or trustee.
**3. Protected monuments.—(1) The [1][Central Government] may, by notification in the Official Gazette,**
declare an ancient monument to be a protected monument within the meaning of this Act.
(2) A copy of every notification published under sub-section (1) shall be fixed up in a conspicuous place
on or near the monument, together with an intimation that any objections to the issue of the notification
received by the [1][Central Government] within one month from the date when it is so fixed up will be taken
into consideration.
(3) On the expiry of the said period of one month, the [1][Central Government], after considering the
objections, if any, shall confirm or withdraw the notification.
(4) A notification published under this section shall, unless and until it is withdrawn, be conclusive
evidence of the fact that the monument to which it relates is an ancient monument within the meaning of this
Act.
_Ancient Monuments_
**4. Acquisition of rights in or guardianship of an ancient monument.—(1) The Collector, with the**
sanction of the [1][Central Government], may purchase or take a lease of any protected monument.
(2) The Collector, with the like sanction, may accept a gift or bequest of any protected monument.
(3) The owner of any protected monument may, by written instrument, constitute the Commissioner the
guardian of the monument, and the Commissioner may, with the sanction of the [1][Central Government],
accept such guardianship.
(4) When the Commissioner has accepted the guardianship of a monument under sub-section (3), the
owner shall, except as expressly provided in this Act, have the same estate, right, title and interest in and to
the monument as if the Commissioner had not been constituted guardian thereof.
(5) When the Commissioner has accepted the guardianship of a monument under sub-section (3), the
provisions of this Act relating to agreements executed under section 5 shall apply to the written instrument
executed under the said sub-section.
(6) Where a protected monument is without an owner, the Commissioner may assume the guardianship of
the monument.
**5. Preservation of ancient monument by agreement.—(1) The Collector may, with the previous**
sanction of [2][the Central Government], propose to the owner to enter into an agreement with [3][the Central
Government] for the preservation of any protected monument in his district.
(2) An agreement under this section may provide for the following matters, or for such of them as it may
be found expedient to include m the agreement:—
(a) the maintenance of the monument;
(b) the custody of the monument, and the duties of any person who may be employed to watch it;
1. Subs. by the A.O. 1937, for “L.G.”.
2. Subs., ibid., for “the L.G”.
3. Subs., ibid., for “the Secretary of State for India in council”.
-----
(c) the restriction of the owner’s right to destroy, remove, alter or deface the monument or to build on
or near the site of the monument;
(d) the facilities of access to be permitted to the public or to any portion of the public and to persons
deputed by the owner or the Collector to inspect or maintain the monument;
(e) the notice to be given to the Central Government in case the land on which the monument is
situated is offered for sale by the owner, and the right to be reserved to [1][the Central Government] to
purchase such land, or any specified portion of such land, at its market-value;
(f) the payment of any expenses incurred by the owner or by [1][the Central Government] in connection
with the preservation of the monument;
(g) the proprietary or other rights which are to vest in Government in respect of the monument when
any expenses reinsured by [1][the Central Government] in connection with the preservation of the
monument;
(h) the appointment of an authority to decide any dispute arising out of the agreement; and
(i) any matter connected with the preservation of the monument which is a proper subject of
agreement between the owner and [1][the Central Government].
2* - - -
(4) The terms of an agreement under this section may be altered from time to time with the sanction of
3[the Central Government] and with the consent of the owner.
(5) With the previous sanction of [3][the Central Government], the Collector may terminate an agreement
under this section on giving six months’ notice in writing to the owner.
(6) The owner may terminate an agreement under this section on giving six months’ notice to the
Collector.
(7) An agreement under this section shall be binding on any person claiming to be owner of the
monument to which it relates, through or under a party by whom or on whose behalf the agreement was
executed.
(8) Any rights acquired by [1][the Central Government] in respect of expenses incurred in protecting or
preserving a monument shall not be affected by the termination of an agreement under this section.
**6. Owners under disability or not in possession.—(1) If the owner is unable, by reason of infancy or**
other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers
conferred upon an owner by section 5.
(2) In the case of village-property, the headman or other village-officer exercising powers of management
over such property may exercise the powers conferred upon an owner by section 5.
(3) Nothing in this section shall be deemed to empower any person not being of the same religion as the
persons on whose behalf he is acting to make or execute an agreement relating to a protected monument
which or any part of which is periodically used for the religious worship or observances of that religion.
**7. Enforcement of agreement.—(1) If the Collector apprehends that the owner or occupier of a**
monument intends to destroy, remove, alter, deface, or imperil the monument or to build on or near the site
1. Subs. by the A.O.1937, for “the Government”.
2. Sub-section (3) omitted, ibid.
3. Subs., ibid., for “the L.G.”.
-----
thereof in contravention of the terms of an agreement for its preservation under section 5, the Collector may
make an order prohibiting any such contravention of the agreement.
(2) If an owner or other person who is bound by an agreement for the preservation or maintenance of a
monument under section 5 refuses to do any act which is in the opinion of the Collector necessary to such
preservation or maintenance, or neglects to do any such act within such reasonable time as may be fixed by
the Collector, the Collector may authorize any person to do any such act, and the expense of doing any such
act or such portion of the expense as the owner may be liable to pay under the agreement may be recovered
from the owner as if it were an arrear of land-revenue.
(3) A person aggrieved by an order made under this section may appeal to the Commissioner, who may
cancel or modify it and whose decision shall be final.
**8. Purchasers at certain sales and persons claiming through owner bound by instrument executed**
**by owner.—Every person who purchases, at a sale for arrears of land-revenue or any other public demand, or**
at a sale made under the Bengal Patni Taluks Regulation, 1819, (Ben. Reg. 8 of 1819) an estate or tenure in
which is situated a monument in respect of which any instrument has been executed by the owner for the time
being, under section 4 or section 5 and every person claiming any title to a monument from, through or under
an owner who executed any such instrument, shall be bound by such instrument.
**9. Application of endowment to repair of an ancient monument.—(1) If any owner or other person**
competent to enter into an agreement under section 5 for the preservation of a protected monument, refuses or
fails to enter into such an agreement when proposed to him by the Collector, and if any endowment has been
created for the purpose of keeping such monument in repair, or for that purpose among others, the Collector
may institute a suit in the Court of the District Judge, or, if the estimated cost of repairing the monument does
not exceed one thousand rupees, may make an application to the District Judge for the proper application of
such endowment or part thereof.
(2) On the hearing of an application under sub-section (1), the District Judge may summon and examine
the owner and any person whose evidence appears to him necessary, and may pass an order for the proper
application of the endowment or of any part thereof, and any such order may be executed as if it were the
decree of a Civil Court.
**10. Compulsory purchase of ancient monument.—(1) If the** [1][Central Government] apprehends that a
protected monument is in danger of being destroyed, injured or allowed to fall into decay [2][the Central
Government may direct the State Government to acquire it] under the provisions of the Land Acquisition
Act, 1894 (1 of 1894), as if the preservation of a protected monument were a “public purpose” within the
meaning of that Act.
(2) The powers of compulsory purchase conferred by sub-section (1) shall not be exercised in the case
of—
(a) any monument which or any part of which is periodically used for religious observances; or
(b) any monument which is the subject of a subsisting agreement executed under section 5.
(3) In any case other than the cases referred to in sub-section (2) the said powers of compulsory purchase
shall not be exercised unless the owner or other person competent to enter into an agreement under section 5
has failed, within such reasonable period as the Collector may fix in this behalf, to enter into an agreement
1. Subs. by the A.O.1937, for “L.G.”.
2. Subs., ibid., for “the L.G. may proceed to acquire it”.
-----
proposed to him under the said section or has terminated or given notice of his intention to terminate such an
agreement.
1[10A. Power Central Government to control mining, etc., near ancient monument.—(1) If the
2[Central Government] is of opinion that mining, quarrying, excavating, blasting and other operations of a
like nature should be restricted or regulated for the purpose of protecting, or preserving any ancient
monument, the [2][Central Government] may, by notification in the Official Gazette, make rules—
(a) fixing the boundaries of the area to which the rules are to apply,
(b) forbidding the carrying on of mining, quarrying, excavating, blasting or any operation of a like
nature except in accordance with the rules and with the terms of a licence, and
(c) prescribing the authority by which, and the terms on which, licences may be granted to carry on
any of the said operations.
(2) The power to make rules given by this section is subject to the condition of the rules being made after
previous publication.
(3) A rule made under this section may provide that any person committing a breach thereof shall be
punishable with fine which may extend to two hundred rupees.
(4) If any owner or occupier of land included in a notification under sub-section (1) proves to the
satisfaction of the [2][Central Government] that he has sustained loss by reason of such land being so included,
the [2][Central Government] shall pay compensation in respect of such loss.]
**11. Maintenance of certain protected monuments.—(1) The Commissioner shall maintain every**
monument in respect of which the Government has acquired any of the rights mentioned in section 4 or which
the Government has acquired under section 10.
(2) When the Commissioner has accepted the guardianship of a monument under section 4, he shall, for
the purpose of maintaining such monument, have access to the monument at all reasonable times, by himself
and by his agents, subordinates and workmen, for the purpose of inspecting the monument, and for the
purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the
maintenance thereof.
**12. Voluntary contributions.—The Commissioner may receive voluntary contributions towards the cost**
of maintaining a protected monument and may give orders as to the management and application of any funds
so received by him:
Provided that no contribution received under this section shall he applied to any purpose other than the
purpose for which it was contributed.
**13. Protection of place of worship from misuse, pollution or desecration.—(1) A place of worship or**
shrine maintained by the Government under this Act shall not be used for any purpose inconsistent with its
character.
(2) Where the Collector has, under section 4, purchased or taken a lease of any protected monument, or
has accepted a gift or bequest, or the Commissioner has, under the same section, accepted the guardianship
thereof, and such monument, or any part thereof, is periodically used for religious worship or observances by
any community, the Collector shall make due provision for the protection of such monument or such part
thereof, from pollution or desecration—
(a) by prohibiting the entry therein, except n accordance with conditions prescribed with the
concurrence of the persons in religious charge of the said monument or part thereof, of any person not
1. Ins. by Act 18 of 1932, s. 2.
2. Subs. by the A.O.1937, for “L.G.”.
-----
entitled so to enter by the religious usages of the community by which the monument or part thereof is
used, or
(b) by taking such other action as he may think necessary in this behalf.
**14. Relinquishment of Government rights in a monument.—With the sanction of** [1][the Central
Government], the Commissioner may—
(a) where rights have been acquired by [2][the Central Government] in respect of any monument
under this Act by virtue of any sale, lease, gift or will, relinquish the rights so acquired to the person who
would for the time being be the owner of the monument if such rights had not been acquired; or
(b) relinquish any guardianship of a monument which he has accepted under this Act.
**15. Right of access to certain protected monuments.—(1) Subject to such rules as may after previous**
publication be made by [2][the Central Government], the public shall have a nut right of access to any
monument maintained by [2][the Central Government] under this Act.
(2) In making any rule under sub-section (1) [1][the Central Government] may provide that a breach of it
shall be punishable with fine which may extend to twenty rupees.
**16. Penalties.—Any person other than the owner who destroys, removes, injures, alters, defaces or**
imperils a protected monument, and any owner who destroys, removes, injures, alters, defaces or imperils a
monument maintained by [2][the Central Government] under this Act or in respect of which an agreement has
been executed under section 5, and any owner or occupier who contravenes an order made under section 7,
sub-section (1), shall be punishable with fine which may extend to five thousand rupees, or with
imprisonment which may extend to three months, or with both.
_Traffic in Antiquities_
**17. Power to Central Government to control traffic in antiquities.—(1) If the Central Government**
apprehends that antiquities that are being sold or removed to the detriment of India or of any neighbouring
country, it may, by notification[3] in the Official Gazette, prohibit or restrict the bringing or taking by sea or by
land of any antiquities or class of antiquities described in the notification into or out of [4][the territories to
which this Act extends] or any specified part of [5][the said territories].
(2) Any person who brings or takes or attempts to bring or take any such antiquities into or out of [5][the
said territories] or any part of [5][the said territories] in contravention of a notification issued under sub-section
(1), shall be punishable with fine which may extend to five hundred rupees.
(3) Antiquities in respect of which an offence referred to in sub-section (2) has been committed shall be
liable to confiscation.
(4) An officer of Customs, or an officer of Police of a grade not lower than Sub-Inspector, duly
empowered by the [6][Central Government] in this behalf, may search any vessel, cart or other means of
conveyance, and may open any baggage or package of goods, if he has reason to believe that goods in respect
of which an offence has been committed under sub-section (2) are contained therein.
1. Subs. by the A.O.1937, for “the L.G.”.
2. Subs., ibid., for “Govt.”.
3. For notification, see Gazette of India, 1917, Pt. I, p. 989.
4. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the territories for the time being comprised within Part A States and Part C
States”.
5. Subs. by the A.O. 1950, for “the Provinces”.
6. Subs. by the A.O. 1937, for “L. G.”.
-----
(5) A person who complains that the power of search mentioned in sub-section (4) has been vexatiously
or improperly exercised may address his complaint to the [6][Central Government], and the [6][Central
Government] shall pass such order and may award such compensation, if any, as appears to it to be just.
_Protection of Sculptures, Carvings, Images, Bas-reliefs, Inscriptions or like objects_
**18. Power to Central Government to control moving of sculptures, carvings or like objects.—(1) If**
1[the Central Government] considers that any sculptures, carvings, images, bas-reliefs, inscriptions or other
like objects ought not to be moved from the place where they are without the sanction of [2][the Central
Government], [1][the Central Government] may, by notification in the Official Gazette, direct that any such
object or any class of such objects shall not be moved unless with the written permission of the Collector.
(2) A person applying for the permission mentioned in sub-section (1) shall specify the object or objects
which he proposes to move and shall furnish, in regard to such object or objects, any information which the
Collector may require.
(3) If the Collector refuses to grant such permission, the applicant may appeal to the Commissioner,
whose decision shall be final.
(4) Any person who moves any object in contravention of a notification issued under sub-section (1),
shall be punishable with fine which may extend to five hundred rupees.
(5) If the owner of any property proves to the satisfaction of [1][the Central Government] that he has
suffered any loss or damage by reason of the inclusion of such property in a notification published under subsection (1), [1][the Central Government] shall either—
(a) exempt such property from the said notification;
(b) purchase such property, if it be moveable, at its market - value; or
(c) pay compensation for any loss or damage sustained by the owner of such property, if it be
immoveable.
**19. Purchase of sculptures, carvings or like objects by the Government.—(1) If** [1][the Central
Government] apprehends that any object mentioned in a notification issued under section 18,
sub-section (1), is in danger of being destroyed, removed, injured or allowed to fall into decay, [1][the Central
Government] may pass orders for the compulsory purchase of such object at its market-value, and the
Collector shall thereupon give notice to the owner of the object to be purchased.
(2) The power of compulsory purchase given by this section shall not extend to—
(a) any image or symbol actually used for the purpose of any religious observance; or
(b) anything which the owner desires to retain on any reasonable ground personal to himself or to
any of his ancestors or to any member of his family.
3[Archaeological Excavation
**20. Power of Central Government to notify areas as protected.—(1) If the Central Government [4]*****
is of opinion that excavation for archeological purposes in any area should be restricted and regulated in the
interests of archeological research, the Central Government may, by notification in the Official Gazette
specifying the boundaries of the area, declare it to be a protected area.
(2) From the date of such notification all antiquities buried in the protected area shall be the property of
the Government and shall be deemed to be in the possession of the Government, and shall remain the
1. Subs. by the A.O. 1937, for “the L.G.”.
2. Subs., ibid., for “the Govt.”.
3. Subs. by Act 18 of 1932, s. 3, for the heading and section 20.
4. The words “after consulting the L.G.” omitted by the A.O. 1937.
-----
property and in the possession of the Government until Ownership thereof is transferred; but in all other
respects the rights of any owner or occupier of land in such area shall not be affected.
**20A. Power to enter upon and make excavations in a protected area.—(1) Any officer of the**
Archeological Department or any person holding a licence under section 20B may, with the
written permission of the Collector enter upon and make excavations in any, protected area.
(2) Where, in the exercise of the power conferred by sub-section (1), the rights of any person are
infringed by the occupation or disturbance of the surface of any land, [1][the Central Government] shall pay to
that person compensation for the infringement.
**20B. Power of Central Government to make rules regulating Archaeological excavation in**
**protected areas.—(1) The Central Government may make rules[2]—**
(a) prescribing the authorities by whom licences to excavate for archeological purposes in a
protected area may be granted;
(b) regulating the conditions on which such licences may be granted, the form of such licences, and
the taking of security from licensees;
(c) prescribing the manner in which antiquities found by a licensee shall be divided between [1][the
Central Government] and the licensee; and
(d) generally to carry out the purposes of section 20.
(2) The power to make rules given by this section is subject to the condition of the rules being made after
previous publication.
(3) Such rules may be general for all protected areas for the time being, or may be special for any
particular protected area or areas.
(4) Such rules may provide that any person committing a breach of any rule or of any condition of a
licence shall be punishable with fine which may extend to five thousand rupees, and may further provide that
where the breach has been by the agent or servant of a licensee the licensee himself shall be punishable.
**20C. Power to acquire a protected area.—If the Central Government is of opinion that a protected area**
contains an ancient monument or antiquities of national interest and value, it may direct the State
Government to acquire such area, or any part thereof, and the State Government may thereupon acquire such
area or part under the Land Acquisition Act, 1894 (1 of 1894), as for a public purpose.]
_General_
**21. Assessment of market-value or compensation.—(1) The market-value of any property which**
Government is empowered to purchase at such value under this Act, or the [3]*** compensation to be paid by
Government in respect of anything done under this Act, shall, where any dispute arises [4][in respect] of such
market-value or compensation, be ascertained in the manner provided by the Land Acquisition Act, 1894,
sections 3, 8 to 34, 45 to 47, 51and 52, so far as they can be made applicable:
Provided that when making an inquiry under the said Land Acquisition Act, 1894, the Collector shall be
assisted by two assessors' one of whom shall be a competent person nominated by the Collector, and one a
person nominated by the owner or, in case the owner fails to nominate an assessor within such reasonable
time as may be fixed by the Collector in this behalf, by the Collector.
1. Subs. by the A.O. 1937, for “the Govt.”.
2. For such rules, see Gazette of India, 1934, Pt. I, p. 1103.
3. The words “amount of” omitted by Act 18 of 1932, s. 4.
4. Subs. by s. 4, ibid., for “touching the amount”.
-----
**22. Jurisdiction.—A Magistrate of the third class shall not have jurisdiction to try any person charged**
with an offence against this Act.
**23. Power to make rules.—(1) The Central Government** [1]*** may, by notification in the Official
Gazette, make rules for carrying out any of the purposes of this Act.
(2) The power to make rules given by this section is subject to the condition of the rules being made after
previous publication.
**24. Protection to public servants acting under Act.—No suit for compensation and no criminal**
proceeding shall lie against any public servant in respect of any act done, or in good faith intended to be done,
in the exercise of any power conferred by this Act.
__________
1. The words “or the L.G.” omitted by the A.O. 1937.
-----
|
22-Mar-1905 | 04 | The Indian Railway Board Act, 1905 | https://www.indiacode.nic.in/bitstream/123456789/2340/1/AAA1905____04.pdf | central | # THE INDIAN RAILWAY BOARD ACT, 1905
_________
# ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title and construction.
2. Investment of Railway Board with powers under Indian Railways Act, 1890.
3. Mode of signifying communications from the Railway Board.
_4. [Repealed.]._
-----
# THE INDIAN RAILWAY BOARD ACT, 1905
ACT NO.4 OF 1905[1]
[22nd March, 1905.]
# An Act to provide for investing the Railway Board with certain powers or functions under the
Indian Railways Act, 1890.
WHEREAS a Railway Board has been constituted for controlling the administration of railways in
India, and it is expedient to provide for investing such Board with certain powers or functions under the
Indian Railways Act, 1890 (9 of 1890); It is hereby enacted as follows:—
**1. Short title and construction.—(1) This Act may be called the Indian Railway Board Act, 1905;**
and
(2) It shall be read with, and taken as part of, the Indian Railways Act, 1890 (9 of 1890).
**2. Investment of Railway Board with powers under Indian Railways Act, 1890.—The Central**
Government may, by notification[2] in the Official Gazette, invest the Railway Board, either absolutely or
subject to conditions,—
(a) with all or any of the powers or functions of the Central Government under the Indian
Railways Act, 1890 (9 of 1890), with respect to all or any railways, and
(b) with the power of the officer referred to in section 47 of the said Act to make general rules for
railways administered by the Government.
**3. Mode of signifying communications from the Railway Board.—Any notice, determination,**
direction, requisition, appointment, expression of opinion, approval or sanction, to be given or signified
on the part of the Railway Board. for any of the purposes of, or in relation to, any powers or functions
with which it may be invested by notification under section 2, shall be sufficient and binding if in writing
signed by the Secretary to the Railway Board, or by any other person authorized by the said Railway
Board to act in its behalf in respect of the matters to which such authorisation may relate; and the said
Railway Board shall not in any case be bound in respect of any of the matters aforesaid unless by some
writing signed in manner aforesaid.
34. [Cessation of Railway Board on establishment of Federal Railway Authority.] Rep. by the
A.O. 1948.
__________
1. This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and has been declared to be in force in the
Sonthal Parganas by notification under section 3 (3) (a) of the Sonthal Parganas Settlement Regulation (3 of 1872), _see_
Calcutta Gazette, 1906, Pt. I, p.33, and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), section 3 and
the Schedule.; in Dadra and Nagar Haveli (w.e.f. 1-7-1965): _vide Reg. 6 of 1963, s. 2 and the First Schedule and in_
Pondicherry (w.e.f. 1-10-1963): vide Reg 7 of 1963, s. 3 and the First Schedule and this Act has been extended to Goa, Daman
and Diu with modifications by Reg. 12 of 1962 and Sch. (w.e.f. 15-4-1962).
2. For notifications see Gazette of India, 1905, Pt. I, p. 232; 1906, Pt. I, p.927, and 1908, Pt. I, p.169.
3. Ins. by the A.O.1937.
-----
|
21-Mar-1908 | 05 | The Code of Civil Procedure, 1908 | https://www.indiacode.nic.in/bitstream/123456789/2191/1/A1908-05.pdf | central | ## THE CODE OF CIVIL PROCEDURE, 1908
______
ARRANGEMENT OF SECTIONS
______
PRELIMINARY
SECTIONS
1. Short title, commencement and extent.
2. Definitions.
3. Subordination of Courts.
4. Savings.
5. Application of the Code to Revenue Courts.
6. Pecuniary jurisdiction.
7. Provincial Small Cause Courts.
8. Presidency Small Cause Courts.
**PART I**
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND Res judicata
9. Courts to try all civil suits unless barred.
10. Stay of suit.
11. Res judicata.
12. Bar to further suit.
13. When foreign judgment not conclusive.
14. Presumption as to foreign judgments.
PLACE OF SUING
15. Court in which suits to be instituted.
16. Suits to be instituted where subject-matter situate.
17. Suits for immovable property situate within jurisdiction of different Courts.
18. Place of Institution of suit where local limits of jurisdiction of Courts are uncertain.
19. Suits for compensation for wrongs to person or movables.
20. Other suits to be instituted where defendants reside or cause of action arises.
21. Objections to jurisdiction.
21A. Bar on suit to set aside decree on objection as to place of suing.
22. Power to transfer suits which may be instituted in more than one Court.
23. To what Court application lies.
24. General power of transfer and withdrawal.
25. Power of Supreme Court to transfer suits, etc.
INSTITUTION OF SUITS
26. Institution of suits.
1
-----
SUMMONS AND DISCOVERY
SECTIONS
27. Summons to defendants.
28. Service of summons where defendant resides in another State.
29. Service of foreign summonses.
30. Power to order discovery and the like.
31. Summons to witness.
32. Penalty for default.
JUDGMENT AND DECREE
33. Judgment and decree.
INTEREST
34. Interest.
COSTS
35. Costs.
35A. Compensatory costs in respect of false or vexatious claims or defences.
35B. Costs for causing delay.
**PART II**
EXECUTION
GENERAL
36. Application to orders.
37. Definition of Court which passed a decree.
COURTS BY WHICH DECREES MAY BE EXECUTED
38. Court by which decree may be executed.
39. Transfer of decree.
40. Transfer of decree to Court in another State.
41. Result of execution proceedings to be certified.
42. Powers of Court in executing transferred decree.
43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.
44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
44A. Execution of decrees passed by Courts in reciprocating territory.
45. Execution of decrees outside India.
46. Precepts.
QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
47. Questions to be determined by the Court executing decree.
LIMIT OF TIME FOR EXECUTION
48. [Repealed.].
TRANSFEREES AND LEGAL REPRESENTATIVES
49. Transferee.
2
-----
SECTIONS
50. Legal representative.
PROCEDURE IN EXECUTION
51. Powers of Court to enforce execution.
52. Enforcement of decree against legal representative.
53. Liability of ancestral property.
54. Partition of estate or separation of share.
ARREST AND DETENTION
55. Arrest and detention.
56. Prohibition of arrest or detention of women in execution of decree for money.
57. Subsistence-allowance.
58. Detention and release.
59. Release on ground of illness.
ATTACHMENT
60. Property liable to attachment and sale in execution of decree.
61. Partial exemption of agricultural produce.
62. Seizure of property in dwelling house.
63. Property attached in execution of decrees of several Courts.
64. Private alienation of property after attachment to be void.
SALE
65. Purchaser’s title.
66. [Repealed.].
67. Power for State Government to make rules as to sales of land in execution of decrees for payment
of money.
DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES
AGAINST IMMOVABLE PROPERTY
68. [Repealed.].
69. [Repealed.].
70. [Repealed.].
71. [Repealed.].
72. [Repealed.].
DISTRIBUTION OF ASSETS
73. Proceeds of execution-sale to be rateably distributed among decree-holders.
RESISTANCE TO EXECUTION
74. Resistance to execution.
3
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**PART III**
INCIDENTAL PROCEEDINGS
COMMISSIONS
SECTIONS
75. Power of Court to issue commissions.
76. Commission to another Court.
77. Letter of request.
78. Commissions issued by foreign Courts.
**PART IV**
SUITS IN PARTICULAR CASES
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN
THEIR OFFICIAL CAPACITY
79. Suits by or against Government.
80. Notice.
81. Exemption from arrest and personal appearance.
82. Execution of decree.
SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS,
AMBASSADORS AND ENVOYS
83. When aliens may sue.
84. When foreign States may sue.
85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
86. Suits against foreign Rulers, Ambassadors and Envoys.
87. Style of foreign Rulers as parties to suits.
87A. Definitions of “foreign State” and “Ruler”
SUITS AGAINST RULERS OF FORMER INDIAN STATES
87B. Application of sections 85 and 86 to Rulers of former Indian States.
INTERPLEADER
88. Where interpleader-suit may be instituted.
**PART V**
SPECIAL PROCEEDINGS
ARBITRATION
89. Settlement of disputes outside the Court.
SPECIAL CASE
90. Power to state case for opinion of Court.
PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC
91. Public nuisances and other wrongful acts affecting the public.
92. Public charities.
93. Exercise of powers of Advocate-General outside presidency-towns.
4
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**PART VI**
SUPPLEMENTAL PROCEEDINGS
SECTIONS
94. Supplemental proceedings.
95. Compensation for obtaining arrest, attachment or injunction on insufficient ground.
**PART VII**
APPEALS
APPEALS FROM ORIGINAL DECREES
96. Appeal from original decree.
97. Appeal from final decree where no appeal from preliminary decree.
98. Decision where appeal heard by two or more Judges.
99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially
affected.
APPEALS FROM APPELLATE DECREES
100. Second appeal.
100A. No further appeal in certain cases.
101. Second appeal on no other grounds.
102. No second appeal in certain cases.
103. Power of High Court to determine issues of fact.
APPEALS FROM ORDERS
104. Orders from which appeal lies.
105. Other orders.
106. What Courts to hear appeals.
GENERAL PROVISIONS RELATING TO APPEALS
107. Powers of Appellate Court.
108. Procedure in appeals from appellate decrees and orders.
APPEALS TO THE SUPREME COURT
109. When appeals lie to the Supreme Court.
110. [Omitted.].
111. [Omitted.].
111A. [Omitted.].
112. Savings.
**PART VIII**
REFERENCE, REVIEW AND REVISION
113. Reference to High Court.
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SECTIONS
114. Review.
115. Revision.
**PART IX**
SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING
THE COURT OF A JUDICIAL COMMISSIONER
116. Part to apply only to certain High Courts.
117. Application of Code to High Courts.
118. Execution of decree before ascertainment of costs.
119. Unauthorised persons not to address Court.
120. Provisions not applicable to High Court in original civil jurisdiction.
**PART X**
RULES
121. Effect of rules in First Schedule.
122. Power of certain High Courts to make rules.
123. Constitution of Rules Committees in certain States.
124. Committee to report to High Court.
125. Power of other High Courts to make rules.
126. Rules to be subject to approval.
127. Publication of rules.
128. Matters for which rules may provide.
129. Power of High Courts to make rules as to their original civil procedure.
130. Power of other High Courts to make rules as to matters other than procedure.
131. Publication of rules.
**PART XI**
MISCELLANEOUS
132. Exemption of certain women from personal appearance.
133. Exemption of other persons.
134. Arrest other than in execution of decree.
135. Exemption from arrest under civil process.
135A. Exemption of members of legislative bodies from arrest and detention under civil process.
136. Procedure where person to be arrested or property to be attached is outside district.
137. Language of subordinate Courts.
138. Power of High Court to require evidence to be recorded in English.
139. Oath on affidavit by whom to be administered.
140. Assessors in causes of salvage, etc.
141. Miscellaneous proceedings.
142. Orders and notices to be in writing.
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SECTIONS
143. Postage.
144. Application for restitution.
145. Enforcement of liability of surety.
146. Proceedings by or against representatives.
147. Consent or agreement by persons under disability.
148. Enlargement of time.
148A. Right to lodge a caveat.
149. Power to make up deficiency of court-fees.
150. Transfer of business.
151. Saving of inherent powers of Court.
152. Amendment of judgments, decrees or orders.
153. General power to amend.
153A. Power to amend decree or order where appeal is summarily dismissed.
153B. Place of trial to be deemed to be open Court.
154. [Repealed.].
155. [Repealed.].
156. [Repealed.].
157. Continuance of orders under repealed enactments.
158. Reference to Code of Civil Procedure and other repealed enactments.
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THE FIRST SCHEDULE
______
ORDER I
______
_Parties_ _to Suits_
RULES
1. Who may be joined as plaintiffs.
2. Power of Court to order separate trial.
3. Who may be joined as defendants.
3A. Power to order separate trials where joinder of defendants may embarrass or delay trial.
4. Court may give judgment for or against one or more of joint parties.
5. Defendant need not be interested in all the relief claimed.
6. Joinder of parties liable on same contract.
7. When plaintiff in doubt from whom redress is to be sought.
8. One person may sue or defend on behalf of all in same interest.
8A. Power of Court to permit a person or body of persons to present opinion or to take part in
the proceedings.
9. Misjoinder and non-joinder.
10. Suit in name of wrong plaintiff.
Court may strike out or add parties.
Where defendant added, plaint to be amended.
10A. Power of Court to request any pleader to address it.
11. Conduct of suit.
12. Appearance of one of several plaintiffs or defendants for others.
13. Objections as to non-joinder or misjoinder.
_______
ORDER II
_Frame_ _of Suit_
1. Frame of suit.
2. Suit to include the whole claim.
Relinquishment of part of claim.
Omission to sue for one of several reliefs.
3. Joinder of causes of action.
4. Only certain claims to be joined for recovery of immovable property.
5. Claims by or against executor, administrator or heir.
6. Power of Court to order separate trials.
7. Objections as to misjoinder.
_______
ORDER III
_Recognized Agents and Pleaders_
1. Appearances, etc., may be in person, by recognised agent or by pleader.
2. Recognised agents.
3. Service of process on recognised agent.
4. Appointment of pleader.
5. Service of process on pleader.
6. Agent to accept service.
Appointment to be in writing and to be filed in Court.
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RULES
1. Suit to be commenced by plaint.
2. Register of suits.
ORDER IV
_Institution of suits_
_______
ORDER V
_Issue and Service of Summons_
_Issue of summons_
1. Summons.
2. Copy of plaint annexed to summons.
3. Court may order defendant or plaintiff to appear in person.
4. No party to be ordered to appear in person unless resident within certain limits.
5. Summons to be either to settle issues or for final disposal.
6. Fixing day for appearance of defendant.
7. Summons to order defendant to produce documents relied on by him.
8. On issue of summons for final disposal, defendant to be directed to produce his witnesses.
_Service of Summons_
9. Delivery of summons by Court.
9A. Summons given to the plaintiff for service.
10. Mode of service.
11. Service on several defendants.
12. Service to be on defendant in person when practicable, or on his agent.
13. Service on agent by whom defendant carries on business.
14. Service on agent in charge in suits for immovable property.
15. Where service may be on an adult member of defendant’s family.
16. Person served to sign acknowledgement.
17. Procedure when defendant refuses to accept service, or cannot be found.
18. Endorsement of time and manner of service.
19. Examination of serving officer.
19A. [Omitted.].
20. Substituted service.
Effect of substituted service.
Where service substituted, time for appearance to be fixed.
20A. [Repealed.].
21. Service of summons where defendant resides within jurisdiction of another Court.
22. Service within presidency-towns of summons issued by Courts outside.
23. Duty of Court to which summons is sent.
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RULES
24. Service on defendant in prison.
25. Service where defendant resides out of India and has no agent.
26. Service in foreign territory through Political Agent or Court.
26A. Summonses to be sent to officers to foreign countries.
27. Service on civil public officer or on servant of railway company or local authority.
28. Service on soldiers, sailors or airmen.
29. Duty of person to whom summons is delivered or sent for service.
30. Substitution of letter for summons.
ORDER VI
_Pleadings Generally_
1. Pleading.
2. Pleading to state material facts and not evidence.
3. Forms of pleading.
4. Particulars to be given where necessary.
5. [Omitted.].
6. Condition precedent.
7. Departure.
8. Denial of contract.
9. Effect of document to be stated.
10. Malice, knowledge, etc.
11. Notice.
12. Implied contract, or relation.
13. Presumptions of law.
14. Pleading to be signed.
14A. Address for service of notice.
15. Verification of pleadings.
16. Striking out pleadings.
17. Amendment of pleadings.
18. Failure to amend after order.
_______
ORDER VII
_Plaint_
1. Particulars to be contained in plaint.
2. In money suits.
3. Where the subject-matter of the suit is immovable property.
4. When plaintiff sues as representative.
5. Defendant’s interest and liability to be shown.
6. Grounds of exemption from limitation law.
7. Relief to be specifically stated.
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RULES
8. Relief founded on separate grounds.
9. Procedure on admitting plaint.
10. Return of plaint.
Procedure on returning plaint.
10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its
return.
10B. Power of appellate Court to transfer suit to the proper Court.
11. Rejection of plaint.
12. Procedure on rejecting plaint.
13. Where rejection of plaint does not preclude presentation of fresh plaint.
_Documents relied on in Plaint_
14. Production of document on which plaintiff sues or relies.
15. [Omitted.].
16. Suits on lost negotiable instruments.
17. Production of shop-book.
Original entry to be marked and returned.
18. [Omitted.].
_______
ORDER VIII
_Written statement, set-off and counter-claim_
1. Written statement.
1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.
2. New facts must be specially pleaded.
3. Denial to be specific.
4. Evasive denial.
5. Specific denial.
6. Particulars of set-off to be given in written statement.
Effect of set-off.
6A. Counter-claim by defendant.
6B. Counter-claim to be stated.
6C. Exclusion of counter-claim.
6D. Effect of discontinuance of suit.
6E. Default of plaintiff to reply to counter-claim.
6F. Relief to defendant where counter-claim succeeds.
6G. Rules relating to written statement to apply.
7. Defence or set-off founded upon separate grounds.
8. New ground of defence.
8A. [Omitted.].
9. Subsequent pleadings.
10. Procedure when party fails to present written statement called for by Court.
_______
ORDER IX
_Appearance of Parties and Consequence of non-Appearance_
1. Parties to appear on day fixed in summons for defendant to appear and answer.
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RULES
2. Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs.
3. Where neither party appears suit to be dismissed.
4. Plaintiff may bring fresh suit or Court may restore suit to file.
5. Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply
for fresh summons.
6. Procedure when only plaintiff appears.
When summons duly served.
When summons not duly served.
When summons served but not in due time.
7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for
previous non-appearance.
8. Procedure where defendant only appears.
9. Decree against plaintiff by default bars fresh suit.
10. Procedure in case of non-attendance of one or more of several plaintiffs.
11. Procedure in case of non-attendance of one or more of several defendants.
12. Consequence of non-attendance, without sufficient cause shown, of party ordered to
appear in person.
_Setting aside Decree ex parte_
13. Setting aside decree ex parte against defendant.
14. No decree to be set aside without notice to opposite party.
______
ORDER X
_Examination of Parties by the Court_
1. Ascertainment whether allegations in pleadings are admitted or denied.
1A. Direction of the court to opt for any one mode of alternative dispute resolution.
1B. Appearance before the conciliatory forum or authority.
1C. Appearance before the court consequent to the failure of efforts of conciliation.
2. Oral examination of party, or companion of party.
3. Substance of examination to be written.
4. Consequence of refusal or inability of pleader to answer.
______
ORDER XI
_Discovery and Inspection_
1. Discovery by interrogatories.
2. Particular interrogatories to be submitted.
3. Costs of interrogatories.
4. Form of interrogatories.
5. Corporations.
6. Objections to interrogatories by answer.
7. Setting aside and striking out interrogatories.
8. Affidavit in answer, filing.
9. Form of affidavit in answer.
10. No exception to be taken.
11. Order to answer or answer further.
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RULES
12. Application for discovery of documents.
13. Affidavit of documents.
14. Production of documents.
15. Inspection of documents referred to in pleadings or affidavits.
16. Notice to produce.
17. Time for inspection when notice given.
18. Order for inspection.
19. Verified copies.
20. Premature discovery.
21. Non-compliance with order for discovery.
22. Using answers to interrogatories at trial.
23. Order to apply to minors.
______
ORDER XII
_Admissions_
1. Notice of admission of case.
2. Notice to admit documents.
2A. Document to be deemed to be admitted if not denied after service of notice to admit documents.
3. Form of notice.
3A. Power of Court to record admission.
4. Notice to admit acts.
5. Form of admissions.
6. Judgment on admissions.
7. Affidavit of signature.
8. Notice to produce documents.
9. Costs.
_______
ORDER XIII
_Production, Impounding and Return of Documents_
1. Original documents to be produced at or before the settlement of issues.
2. [Omitted.].
3. Rejection of irrelevant or inadmissible documents.
4. Endorsements on documents admitted in evidence.
5. Endorsements on copies of admitted entries in books, accounts and records.
6. Endorsements on documents rejected an inadmissible in evidence.
7. Recording of admitted and return of rejected documents.
8. Court may order any document to be impounded.
9. Return of admitted documents.
10. Court may sent for papers from its own records or from other Courts.
11. Provisions as to documents applied to material objects.
_______
ORDER XIV
_settlement of issues and determination of suit on issues of law or on_
_Issues agreed upon_
1. Framing of issues.
2. Court to pronounce judgment on all issues.
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RULES
3. Materials from which issues may be framed.
4. Court may examine witnesses or documents before framing issues.
5. Power to amend and strike out, issues.
6. Questions of fact or law may by agreement be stated in form of issues.
7. Court, if satisfied that agreement was executed in good faith, may pronounce judgment.
_______
ORDER XV
_Disposal of the Suit at the First Hearing_
1. Parties not at issue.
2. One of several defendants not at issue.
3. Parties at issue.
4. Failure to produce evidence.
_______
ORDER XVI
_Summoning and Attendance of Witnesses_
1. List of witnesses and summons to witnesses.
1A. Production of witnesses without summons.
2. Expenses of witness to be paid into Court on applying for summons.
Experts.
Scale of expenses.
Expenses to be directly paid to witnesses.
3. Tender of expenses to witness.
4. Procedure where insufficient sum paid in.
Expenses of witnesses detained more than one day.
5. Time, place and purpose of attendance to be specified in summons.
6. Summons to produce document.
7. Power to require persons present in Court to give evidence or produce document.
7A. Summons given to the party for service.
8. Summons how served.
9. Time for serving summons.
10. Procedure where witness fails to comply with summons.
11. If witness appears, attachment may be withdrawn.
12. Procedure if witness fails to appear.
13. Mode of attachment.
14. Court may of its own accord summon as witnesses strangers to suit.
15. Duty of persons summoned to give evidence or produce document.
16. When they may depart.
17. Application of rules 10 to 13.
18. Procedure where witness apprehended cannot give evidence or produce document.
19. No witness to be ordered to attend in person unless resident within certain limits.
20. Consequence of refusal of party to give evidence when called on by Court.
21. Rules as to witnesses to apply to parties summoned.
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_______
ORDER XVI-A
_Attendance of Witnesses Confined or Detained in Prisons_
RULES
1. Definitions.
2. Power to require attendance of prisoners to give evidence.
3. Expenses to be paid into Court.
4. Power of State Government to exclude certain persons from the operation of rule 2.
5. Officer in charge of prison to abstain from carrying out order in certain cases.
6. Prisoner to be brought to Court in custody.
7. Power to issue commission for examination of witness in prison.
_______
ORDER XVII
_Adjournment_
1. Court may grant time and adjourn hearing.
Costs of adjournment.
2. Procedure if parties fail to appear on day fixed.
3. Court may proceed notwithstanding either party fails to produce evidence, etc.
_______
ORDER XVIII
_Hearing of the Suit and Examination of Witnesses_
1. Right to begin.
2. Statement and production of evidence.
3. Evidence where several issues.
3A. Party to appear before other witnesses.
4. Recording of evidence.
5. How evidence shall be taken in appealable cases.
6. When deposition to be interpreted.
7. Evidence under section 138.
8. Memorandum when evidence not taken down by Judge.
9. When evidence may be taken in English.
10. Any particular question and answer may be taken down.
11. Questions objected to and allowed by Court.
12. Remarks on demeanour of witnesses.
13. Memorandum of evidence in unappealable cases.
14. [Omitted.].
15. Power to deal with evidence taken before another Judge.
16. Power to examine witness immediately.
17. Court may recall and examine witness.
17A. [Omitted.].
18. Power of Court to inspect.
19. Power to get statements recorded on commission.
______
ORDER XIX
_Affidavits_
1. Power to order any point to be proved by affidavit.
-----
RULES
2. Power to order attendance of deponent for cross-examination.
3. Matters to which affidavits shall be confined.
______
ORDER XX
_Judgment and Decree_
1. Judgment when pronounced.
2. Power to pronounce judgment written by Judge’s predecessor.
3. Judgment to be signed.
4. Judgments of Small Cause Courts.
Judgments of other Courts.
5. Court to state its decision on each issue.
5A. Court to inform parties as to where an appeal lies in cases where parties are not represented by
pleaders.
6. Contents of decree.
6A. Preparation of Decree.
6B. Copies of judgments when to be made available.
7. Date of decree.
8. Procedure where Judge has vacated office before signing decree.
9. Decree for recovery of immovable property.
10. Decree for delivery of movable property.
11. Decree may direct payment by instalments.
Order, after decree, for payment by instalments.
12. Decree for possession and mesne profits.
12A. Decree for specific performance of contract for the sale or lease of immovable property.
13. Decree in administration-suit.
14. Decree in pre-emption-suit.
15. Decree in suit for dissolution of partnership.
16. Decree in suit for account between principal and agent.
17. Special directions as to accounts.
18. Decree in suit for partition of property or separate possession of a share therein.
19. Decree when set-off or counter-claim is allowed.
Appeal from decree relating to set-off or counter-claim.
20. Certified copies of judgment and decree to be furnished.
______
ORDER XXA
_Costs_
1. Provisions relating to certain items.
2. Costs to be awarded in accordance with the rules made by High Court.
______
ORDER XXI
_Execution of Decrees and Orders_
_Payment under decree_
1. Modes of paying money under decree.
2. Payment out of Court to decree-holder.
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_Courts executing decrees_
RULES
3. Lands situate in more than one jurisdiction.
4. Transfer to Court of Small Causes.
5. Mode of transfer.
6. Procedure where Court desires that its own decree shall be executed by another Court.
7. Court receiving copies of decree, etc., to file same without proof.
8. Execution of decree or order by Court to which it is sent.
9. Execution by High court of decree transferred by other Court.
_Application for execution_
10. Application for execution.
11. Oral application.
Written application.
11A. Application for arrest to state grounds.
12. Application for attachment of movable property not in judgment-debtor’s possession.
13. Application for attachment of immovable property to contain certain particulars.
14. Power to require certified extract from Collector’s register in certain cases.
15. Application for execution by joint decree-holders.
16. Application for execution by transferee of decree.
17. Procedure on receiving application for execution of decree.
18. Execution in case of cross-decrees.
19. Execution in case of cross-claims under same decree.
20. Cross-decrees and cross-claims in mortgage suits.
21. Simultaneous execution.
22. Notice to show cause against execution in certain cases.
22A. Sale not to be set aside on the death of the judgment-debtor before the sale but after the service
of the proclamation of sale.
23. Procedure after issue of notice.
_Process for execution_
24. Process for execution.
25. Endorsement on process.
_Stay of execution_
26. When Court may stay execution.
Power to require security from, or impose conditions upon, judgment-debtor.
27. Liability of judgment-debtor discharged.
28. Order of Court which passed decree or of Appellate Court to be binding upon Court applied to.
29. Stay of execution pending suit between decree-holder and judgment-debtors.
_Mode of execution_
30. Decree for payment of money.
31. Decree for specific movable property.
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RULES
32. Decree for specific performance for restitution of conjugal rights, or for an injunction.
33. Discretion of Court in executing decrees for restitution of conjugal rights.
34. Decree for execution of document, or endorsement of negotiable instrument.
35. Decree for immovable property.
36. Decree for delivery of immovable property when in occupancy of tenant.
37.Discretionary power to permit judgment-debtor to show cause against detention in prison.
38. Warrant for arrest to direct judgment-debtor to be brought up.
39. Subsistence-allowance.
40. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.
_Attachment of property_
41. Examination of judgment-debtor as to his property.
42. Attachment in case of decree for rent or mesne _profits or other matter, amount of which to be_
subsequently determined.
43. Attachment of movable property, other than agricultural produce, in possession of judgment
debtor.
43A. Custody of movable property.
44. Attachment of agricultural produce.
45. Provisions as to agricultural produce under attachment.
46. Attachment of debt, share and other property not in possession of judgment-debtor.
46A. Notice to garnishee.
46B . Order against garnishee.
46C. Trial of disputed questions.
46D. Procedure where debt belongs to third person.
46E. Order as regards third person.
46F. Payment by garnishee to be valid discharge.
46G. Costs.
46H. Appeals.
46I. Application to negotiable instruments.
47. Attachment of share in movables.
48. Attachment of salary or allowances of servant of the Government or railway company or local
authority.
48A. Attachment of salary or allowances of private employees.
49. Attachment of partnership property.
50. Execution of decree against firm.
51. Attachment of negotiable instruments.
52.Attachment of property in custody of Court or public officer.
53. Attachment of decrees.
54. Attachment of immovable property.
55. Removal of attachment after satisfaction of decree.
56. Order for payment of coin or currency notes to party entitled under decree.
57. Determination of attachment.
_Adjudication of claims and objections_
58. Adjudication of claims to, or objections to attachment, of property.
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RULES
59. Stay of sale.
60. [Omitted.].
61. [Omitted.].
62. [Omitted.].
63. [Omitted.].
_Sale generally_
64. Power to order property attached to be sold and proceeds to be paid to person entitled.
65. Sales by whom conducted and how made.
66. Proclamation of sales by public auction.
67. Mode of making proclamation.
68. Time of sale.
69. Adjournment or stoppage of sale.
70. [Omitted.].
71. Defaulting purchaser answerable for loss on re-sale.
72. Decree-holder not to bid for or buy property without permission.
Where decree-holder purchases, amount of decree may be taken as payment.
72A. Mortgagee not to bid at sale without the leave of the Court.
73. Restriction on bidding or purchase by officers.
_Sale of movable property_
74. Sale of agricultural produce.
75. Special provisions relating to growing crops.
76. Negotiable instruments and shares in corporations.
77. Sale by public auction.
78. Irregularity not to vitiate sale, but any person injured may sue.
79. Delivery of movable property, debts and shares.
80. Transfer of negotiable instruments and shares.
81. Vesting order in case of other property.
_Sale of immovable property._
82. What Courts may order sales.
83. Postponement of sale to enable judgment-debtor to raise amount of decree.
84. Deposit by purchaser and re-sale on default.
85. Time for payment in full of purchase-money.
86. Procedure in default of payment.
87. Notification on re-sale.
88. Bid of co-sharer to have preference.
89. Application to set aside sale on deposit.
90. Application to set aside sale on ground of irregularity or fraud.
91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest.
92. Sale when to become absolute or be set aside.
93. Return of purchaser-money in certain cases.
94. Certificate to purchaser.
95. Delivery of property in occupancy of judgment-debtor.
96. Delivery of property in occupancy of tenant.
_Resistance to delivery of possession to decree-holder or purchaser_
97. Resistance or obstruction to possession of immovable property.
98. Orders after adjudication.
99. Dispossession by decree-holder or purchaser.
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RULES
100. Order to be passed upon application complaining of dispossession.
101. Question to be determined.
102. Rules not applicable to transferee pendente lite.
103. Orders to be treated as decrees.
104. Orders under rule 101 or rule 103 to be subject to the result of pending suit.
105. Hearing of application.
106. Setting aside orders passed ex parte, etc.
______
ORDER XXII
_Death, Marriage and Insolvency of Parties_
1. No abatement by party’s death if right to sue survives.
2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.
3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.
4. Procedure in case of death of one of several defendants or of sole defendant.
4A. Procedure where there is no legal representative.
5. Determination of question as to legal representative.
6. No abatement by reason of death after hearing.
7. Suit not abated by marriage of female party.
8. When plaintiffs insolvency bars suit.
Procedure where assignee fails to continue suit, or give security.
9. Effect of abatement or dismissal.
10.Procedure in case of assignment before final order in suit.
10A. Duty of pleader to communicate to Court death of a party.
11. Application of Order to appeals.
12. Application of Order to proceedings.
_________
ORDER XXIII
_Withdrawal and Adjustment of Suits_
1. Withdrawal of suit or abandonment of part of claim.
1A.When transposition of defendants as plaintiffs may be permitted.
2. Limitation law not affected by first suit.
3. Compromise of suit.
3A. Bar to suit.
3B. No agreement or compromise to be entered in a representative suit without leave of Court.
4. Proceedings in execution of decrees not affected.
_________
ORDER XXIV
_Payment into Court_
1. Deposit by defendant of amount in satisfaction of claim.
2. Notice of deposit.
3. Interest on deposit not allowed to plaintiff after notice.
4. Procedure where plaintiff accepts deposit as satisfaction in part.
Procedure where he accepts it as satisfaction in full.
-----
_________
ORDER XXV
Security for Costs
RULES
1. When security for costs may be required from plaintiff.
2. Effect of failure to furnish security.
_________
ORDER XXVI
_Commissions_
_Commissions to examine witnesses_
1. Cases in which Court may issue commission to examine witness.
2. Order for commission.
3. Where witness resides within Court’s jurisdiction.
4. Persons for whose examination commission may issue.
4A. Commission for examination of any person resident within the local limits of the
jurisdiction of the Court.
5. Commission or request to examine witness not within India.
6. Court to examine witness pursuant to commission.
7. Return of commission with depositions of witnesses.
8. When depositions may be read in evidence.
_Commissions for local investigations_
9. Commissions to make local investigations.
10. Procedure of Commissioner.
Report and depositions to be evidence in suit.
Commissioner may be examined in person.
_Commissions for scientific investigation, performance of ministerial act_
_and sale of movable property_
10A. Commission for scientific investigation.
10B. Commission for performance of a ministerial act.
10C. Commission for the sale of movable property.
_Commissions to examine accounts_
11. Commission to examine or adjust accounts.
12. Court to give Commissioner necessary instructions.
Proceedings and report to be evidence.
Court may direct further inquiry.
_Commissions to make partitions._
13. Commission to make partition of immovable property.
14. Procedure of Commissioner.
_General Provisions_
15. Expenses of commission to be paid into Court.
16. Powers of Commissioners.
16A. Questions objected to before the Commissioner.
17. Attendance and examination of witnesses before Commissioner.
18. Parties to appear before Commissioner.
18A. Application of order to execution proceedings.
18B. Court to fix a time for return of Commission.
-----
_Commissions issued of the instance of Foreign Tribunals_
RULES
19. Cases in which High Court may issue commission to examine witness.
20. Application for issue of commission.
21. To whom commission may be issued.
22. Issue, execution and return of commissions, and transmission of evidence to foreign Court.
_______
ORDER XXVII
_Suits by or against the Government or Public Officers in their Official_ _Capacity_
1. Suits by or against Government.
2. Persons authorised to act for Government.
3. Plaints in suits by or against Government.
4. Agent for Government to receive process.
5. Fixing of day for appearance on behalf of Government.
5A. Government to be joined as a party in a suit against a public officer.
5B. Duty of Court in suits against the Government or a public officer to assist in arriving at a
settlement.
6. Attendance of person able to answer questions relating to suit against Government.
7. Extension of time to enable public officer to make reference to Government.
8. Procedure in suits against public officer.
8A. No security to be required from Government or a public officer in certain cases.
8B. Definitions of “Government” and “Government pleader”.
_______
ORDER XXVII-A
_Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the_
_Validity of any Statutory Instrument_
1. Notice to the Attorney General or the Advocate-General.
1A. Procedure in suits involving validity of any statutory instrument.
2. Court may add Government as party.
2A. Power of Court to add Government or other authority as a defendant in a suit relating to
the validity of any statutory instrument.
3. Costs.
4. Application of Order to appeals.
_______
ORDER XXVIII
_Suits by or Against Military or Naval men or Airmen_
1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue
or defend for them.
2. Person so authorised may act personally or appoint pleader.
3. Service on person so authorised, or on his pleader, to be good service.
_______
-----
RULES
ORDER XXIX
_Suits by or Against corporations_
1. Subscription and verification of pleading.
2. Service on corporation.
3. Power to require personal attendance of officer of corporation.
_______
ORDER XXX
_Suits by or against Firms and Persons carrying on_
_business in names other than their own_
1. Suing of partners in name of firm.
2. Disclosure of partners’ names.
3. Service.
4. Rights of suit on death of partner.
5. Notice in what capacity served.
6. Appearance of partners.
7. No appearance except by partners.
8. Appearance under protest.
9. Suits between co-partners.
10. Suit against person carrying on business in name other than his own.
_________
ORDER XXXI
_Suits by or Against Trustees, Executors and Administrators_
1. Representation of beneficiaries in suits concerning property vested in trustees, etc.
2. Joinder of trustees, executors and administrators.
3. Husband of married executrix not to join.
_______
ORDER XXXII
_Suits by or Against_ _Minors and Persons of Unsound_ _Mind_
1. Minor to sue by next friend.
2. Where suit is instituted without next friend, plaint to be taken off the file.
2A. Security to be furnished by next friend when so ordered.
3. Guardian for the suit to be appointed by Court for minor defendant.
3A. Decree against minor not to be set aside unless prejudice has been caused to his interest.
4. Who may act as next friend or be appointed guardian for the suit.
5. Representation of minor by next friend or guardian for the suit.
6. Receipt by next friend or guardian for the suit of property under decree for minor.
7. Agreement or compromise by next friend or guardian for the suit.
8. Retirement of next friend.
9. Removal of next friend.
10. Stay of proceedings on removal, etc., of next friend.
11. Retirement, removal or death of guardian for the suit.
12. Course to be followed by minor plaintiff or applicant on attaining majority.
13. Where minor co-plaintiff attaining majority desires to repudiate suit.
14. Unreasonable or improper suit.
15. Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind.
-----
RULES
16. Savings.
_______
ORDER XXXIIA
_Suits Relating to Matters Concerning the Family_
1. Application of the Order.
2. Proceedings to be held in camera.
3. Duty of Court to make efforts for settlement.
4. Assistance of welfare expert.
5. Duty to enquire into facts.
6. “Family”—Meaning of.
_______
ORDER XXXIII
_Suits by Indigent_ _Persons_
1. Suits may be instituted by indigent persons.
1A. Inquiry into the means of an indigent person.
2. Contents of application.
3. Presentation of application.
4. Examination of applicant.
If presented by agent, Court may order applicant to be examined by commission.
5. Rejection of application.
6. Notice of day for receiving evidence of applicant’s indigency.
7. Procedure at hearing.
8. Procedure if application admitted.
9. Withdrawal of permission to sue as an indigent person.
9A. Court to assign a pleader to an unrepresented indigent person.
10. Costs where indigent person succeeds.
11. Procedure where indigent person fails.
11A. Procedure where indigent person’s suit abates.
12. State Government may apply for payment of court-fees.
13. State Government to be deemed a party.
14. Recovery of amount of court-fees.
15. Refusal to allow applicant to sue as an indigent person to bar subsequent application of like
nature.
15A. Grant of time for payment of court-fee.
16. Costs.
17. Defence by an indigent person.
18. Power of Government to provide for free legal services to indigent persons.
_______
ORDER XXXIV
_Suits Relating to Mortgages of Immovable Property_
1. Parties to suits for foreclosure, sale and redemption.
2. Preliminary decree in foreclosure-suit.
3. Final decree in foreclosure-suit.
4. Preliminary decree in suit for sale.
Power to decree sale in foreclosure-suit.
5. Final decree in suit for sale.
6. Recovery of balance due on mortgage in suit for sale.
-----
RULES
7. Preliminary decree in redemption suit.
8. Final decree in redemption suit.
8A. Recovery of balance due on mortgage in suit for redemption.
9. Decree where nothing is found due or where mortgagee has been overpaid.
10. Costs of mortgagee subsequent to decree.
10A. Power of Court to direct mortgagee to pay mesne profits.
11. Payment of interest.
12. Sale of property subject to prior mortgage.
13. Application of proceeds.
14. Suit for sale necessary for bringing mortgaged property to sale.
15. Mortgages by the deposit of title-deeds and charges.
_______
ORDER XXXV
_Interpleader_
1. Plaint in interpleader-suit.
2. Payment of thing claimed into Court.
3. Procedure where defendant is suing plaintiff.
4. Procedure at first hearing.
5. Agents and tenants may not institute interpleader-suits.
6. Charge for plaintiff's costs.
_______
ORDER XXXVI
_Special Case_
1. Power to state case for Court’s opinion.
2. Where value of subject-matter must be stated.
3. Agreement to be filed and registered as suit.
4. Parties to be subject to Court's jurisdiction.
5. Hearing and disposal of case.
6. No appeal from a decree passed under rule 5.
_______
ORDER XXXVII
_Summary Procedure_
1. Courts and classes of suits to which the Order is to apply.
2. Institution of summary suits.
3. Procedure for the appearance of defendant.
4. Power to set aside decree.
5. Power to order bill, etc., to be deposited with officer of Court.
6. Recovery of cost of noting non-acceptance of dishonoured bill or note.
7. Procedure in suits.
_______
ORDER XXXVIII
_Arrest and Attachment before Judgment_
_Arrest before Judgment_
1. Where defendant may be called upon to furnish security for appearance.
2. Security.
-----
RULES
3. Procedure on application by surety to be discharged.
4. Procedure where defendant fails to furnish security or find fresh security.
_Attachment before Judgment_
5. Where defendant may be called upon to furnish security for production of property.
6. Attachment where cause not shown or security not furnished.
7. Mode of making attachment.
8. Adjudication of claim to property attached before judgment.
9. Removal of attachment when security furnished or suit dismissed.
10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from
applying for sale.
11. Property attached before judgment not to be re-attached in execution of decree.
11A. Provisions applicable to attachment.
12. Agricultural produce not attachable before judgment.
13. Small Cause Court not to attach immovable property.
ORDER XXXIX
_Temporary Injunctions and Interlocutory Orders_
_Temporary injunctions_
1. Cases in which temporary injunction may be granted.
2. Injunction to restrain repetition or continuance of breach.
2A. Consequence of disobedience or breach of injunction.
3. Before granting injunction, Court to direct notice to opposite party.
3A. Court to dispose of application for injunction within thirty days.
4. Order for injunction may be discharged, varied or set aside.
5. Injunction to corporation binding on its officers.
_Interlocutory orders_
6. Power to order interim sale.
7. Detention, preservation, inspection, etc., of subject-matter of suit.
8. Application for such orders to be after notice.
9. When party may be put in immediate possession of land the subject-matter of suit.
10. Deposit of money, etc., in Court.
_______
ORDER XL
_Appointment of Receivers_
1. Appointment of receivers.
2. Remuneration.
3. Duties.
4. Enforcement of receiver’s duties.
5. When Collector may be appointed receiver.
_______
ORDER XLI
_Appeals from Original Decrees_
1. Form of appeal.
What to accompany memorandum.
Contents of memorandum.
-----
RULES
2. Grounds which may be taken in appeal.
3. Rejection or amendment of memorandum.
3A. Application for condonation of delay.
4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds
on ground common to all.
_Stay of proceedings and of execution_
5. Stay by Appellate Court.
Stay by Court which passed the decree.
6. Security in case of order for execution of decree appealed from.
7. [Repealed.].
8. Exercise of powers in appeal from order made in execution of decree.
_Procedure on admission of appeal_
9. Registry of memorandum of appeal.
10. Appellate Court may require appellant to furnish security for costs.
Where appellant resides out of India.
11. Power to dismiss appeal without sending notice to Lower Court.
11A. Time within which hearing under rule 11 should be concluded.
12. Day for hearing appeal.
13. [Omitted.].
14. Publication and service of notice of day for hearing appeal.
Appellate Court may itself cause notice to be served.
15. [Omitted.].
_Procedure on hearing_
16. Right to begin.
17. Dismissal of appeal for appellant's default.
Hearing appeal ex parte.
18. [Omitted.].
19. Re-admission of appeal dismissed for default.
20. Power to adjourn hearing and direct persons appearing interested to be made respondents.
21. Re-hearing on application of respondent against whom ex parte decree made.
22. Upon hearing respondent may object to decree as if he had preferred a separate appeal.
Form of objection and provisions applicable thereto.
23. Remand of case by Appellate Court.
23A. Remand in other cases.
24. Where evidence on record sufficient, Appellate Court may determine case finally.
25. Where Appellate Court may frame issues and refer them for trial to Court whose decree
appealed from.
26. Findings and evidence to be put on record.
Objections to findings.
Determination of appeal.
-----
RULES
26A. Order of remand to mention date of next hearing
27. Production of additional evidence in Appellate Court.
28. Mode of taking additional evidence.
29. Points to be defined and recorded.
_Judgment in appeal_
30. Judgment when and where pronounced.
31. Contents, date and signature of judgment.
32. What judgment may direct.
33. Power of Court of appeal.
34. Dissent to be recorded.
_Decree in appeal_
35. Date and contents of decree.
Judge dissenting from judgment need not sign decree.
36. Copies of judgment and decree to be furnished to parties.
37. Certified copy of decree to be sent to Court whose decree appealed from.
_______
ORDER XLII
_Appeals from Appellate Decrees_
1. Procedure.
2. Power of Court to direct that the appeal be heard on the question formulated by it.
3. Application of rule 14 of Order XLL.
_______
ORDER XLIII
_Appeals from Orders_
1. Appeals from orders.
1A. Right to challenge non-appealable orders in appeal against decrees.
2. Procedure.
_______
ORDER XLIV
_Appeals by Indigent Persons_
1. Who may appeal as an indigent person.
2. Grant of time for payment of Court-fee.
3. Inquiry as to whether applicant is an indigent person.
_______
ORDER XLV
_Appeals to the Supreme Court_
1. “Decree” defined.
2. Application to Court whose decree complained of.
3. Certificate as to value or fitness.
4. [Repealed.].
_5._ [Repealed.].
_6._ Effect of refusal of certificate.
7. Security and deposit required on grant of certificate.
8. Admission of appeal and procedure thereon.
-----
RULES
9. Revocation of acceptance of security.
9A. Power to dispense with notices in case of deceased parties.
10. Power to order further security or payment.
11. Effect of failure to comply with order.
12. Refund of balance deposit.
13. Powers of Court pending appeal.
14. Increase of security found inadequate.
15. Procedure to enforce orders of the Supreme Court.
16. Appeal from order relating to execution.
17. [Repealed.].
ORDER XLVI
_Reference_
1. Reference of question to High Court.
2. Court may pass decree contingent upon decision of High Court.
3. Judgment of High Court to be transmitted, and case disposed of accordingly.
4. Costs of reference to High Court.
4A. Reference to High Court under proviso to section 113.
5. Power to alter, etc., decree of Court making reference.
6. Power to refer to High Court questions as to jurisdiction in small causes.
7. Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in
small causes.
_______
ORDER XLVII
_Review_
1. Application for review of judgment.
2. [Repealed.].
3. Form of applications for review.
4. Application where rejected.
Application where granted.
5. Application for review in Court consisting of two or more Judges.
6. Application where rejected.
7. Order of rejection not appealable.
Objections to order granting application.
8. Registry of application granted, and order for re-hearings.
9. Bar of certain applications.
_______
ORDER XLVIII
_Miscellaneous_
1. Process to be served at expense of party issuing.
Costs of service.
2. Orders and notices how served.
3. Use of forms in appendices.
_______
ORDER XLIX
_Chartered High Courts_
1. Who may serve processes of High Court.
-----
RULES
2. Saving in respect of Chartered High Courts.
3. Application of rules.
_______
ORDER L
_Provincial Small Cause Courts_
1. Provincial Small Cause Courts.
_______
ORDER LI
_Presidency Small Cause Courts_
1. Presidency Small Cause Courts.
APPENDIX — A. PLEADINGS.
APPENDIX — B. PROCESS.
APPENDIX— C. DISCOVERY, INSPECTION AND ADMISSION.
APPENDIX — F. DECREES.
APPENDIX — G. EXECUTION.
APPENDIX — H. SUPPLEMENTAL PROCEEDINGS.
APPENDIX— I. MISCELLANEOUS.
THE SECOND SCHEDULE. — [Repealed].
THE THIRD SCHEDULE. —[Repealed].
THE FOURTH SCHEDULE. — [Repealed].
THE FIFTH SCHEDULE. — [Repealed].
ANNEXURE I
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## THE CODE OF CIVIL PROCEDURE, 1908
ACT NO. 5 OF 1908[1]
[21st March, 1908.]
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil
Judicature.
WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts
of Civil Judicature: It is hereby enacted as follows :
PRELIMINARY
**1. Short title, commencement and extent.—(1)** This Act may be cited as the Code of Civil
Procedure, 1908.
(2) It shall come into force on the first day of January, 1909.
1. This Act has been amended in its application to Assam by Assam Acts 2 of 1941 and 3 of 1953; to Tamil Nadu by
Madras Act 34 of 1950, Madras A.O. 1950, and Tamil Nadu Act 15 of 1970; to Punjab by Punjab Act 7 of 1934; to Uttar
Pradesh by U.P. Acts 4 of 1925, 35 of 1948, 24 of 1954, 17 of 1970, 57 of 1976 and 31 of 1978; to Karnataka by Mysore
Act 14 of 1955; to Kerala by Kerala Act 13 of 1957; to Rajasthan by Rajasthan Act 19 of 1958; to Maharashtra by
Maharashtra Act 22 of 1960 and 25 of 1970; It has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and, by
notification under ss. 5 and 5A of the Schedule Districts Act, 1874 (14 of 1874), also to the following Scheduled
Districts:—
(1) The district of Jalpaiguri, Cachar (excluding the North Cachar Hills, Goalpara (including the Eastern Duars),
Kamrup, Darrang, Nowgong (excluding the Mikir Hill Tracts) Sibsagar (excluding the Mikir Hill Tracts) and
Lakhimpur (excluding the Dibrugarh Frontier Tracts): Gazette of India, 1909, Pt. 1. p. 5 and _ibid,_ 1914, Pt. I,
p. 1690.
(2) The District of Darjeeling and the District of Hazaribagh, Ranchi, Palamau and Manbhum in Chota Nagpur:
Calcutta Gazette, 1909, Pt. I, p. 25 and Gazette of India, 1909, Pt. I, p. 33.
(3) The Province of Kumaon and Garhwal and the Tarai Parganas (with modifications): U.P. Gazette, 1909, Pt. I, p. 3
and Gazette of India, 1909, Pt. I, p. 31.
(4) The Pargana of Jaunsar-Bawar in Dehradun and the Scheduled portion of the Mirzapur District : U.P. Gazette,
1909, Pt. I, p. 4 and Gazette of India, 1909, Pt. I, p. 32.
(5) Coorg: Gazette of India, 1909, Pt. I, p. 32.
(6) Scheduled Districts in the Punjab: Gazette of India, 1909, Pt. I, p. 33.
(7) Sections 36 to 43 to all the Scheduled Districts in Madras, Gazette of India, 1909, Pt. I., p. 152.
(8) Scheduled Districts in the C.P., except so much as is already in force and so much as authorizes the
attachment and sale of immovable property in execution of a decree, not being a decree directing the sale of such
property: Gazette of India, 1909, Pt. I, p. 239.
(9) Ajmer-Merwara except ss. 1 and 155 to 158: Gazette of India, 1909, Pt. II, p. 480.
(10) Pargana Dhalbhum, the Municipality of Chaibassa in the Kolhan and the Porahat Estate in the
District of Singhbhum: Calcutta, Gazette of India, 1909, Pt. I, p. 453 and Gazette of India, 1909, Pt. I, p. 443.
Under s. 3(3)(a) of the Sonthal Parganas Settlement Regulation (3 of 1872), ss. 38 to 42 and 156 and rules
4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal Parganas and the
rest of the Code for the trial of suits referred to in s. 10 of the Sonthal Parganas Justice Regulation,
1893 (5 of 1893): see Calcutta, Gazette, 1909, Pt. I, p. 45.
It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation,
1929 (1 of 1929), s. 2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3
and Sch. and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch.
It has been extended to the District of Koraput and Ganjam Agency by Orissa Regulation (5 of 1951), s.2.
It has been extended to the State of Manipur (w.e.f. 1-1-1957) by Act 30 of 1950, s. 3 to the whole of the
Union Territory of Lakshadweep (w.e.f. 1-10-1967) by Regulation 8 of 1965, s. 3 and Sch.: to Goa, Daman and
Diu (w.e.f. 15-6-1966) by Act 30 of 1965, s. 3; to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of
1963, s. 2 and Sch. 1 and to the State of Sikkim (w.e.f. 1-9-1984), vide Notification No. S.O. 599 (E),
dated 13-8-1984, Gazette of India, Extraordinary., Part. II, s. 3.
-----
[1][(3) It extends to the whole of India except—
2* - - -
(b) the State of Nagaland and the tribal areas:
Provided that the State Government concerned may, by notification in the Official Gazette, extend the
provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas,
as the case may be, with such supplemental, incidental or consequential modifications as may be specified
in the notification.
_Explanation. — In this clause, “tribal areas” means the territories which, immediately before the_
21st day of January, 1972, were included in the tribal areas of Assam as referred to in paragraph 20 of the
Sixth Schedule to the Constitution.
(4) In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam
Agencies in the State of Andhra Pradesh and the Union Territory of Lakshadweep, the application of this
Code shall be without prejudice to the application of any rule or regulation for the time being in force in such
Islands, Agencies or such Union Territory, as the case may be, relating to the application of this Code.]
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(1) “Code” includes rules;
(2) “decree” means the formal expression of an adjudication which, so far as regards the Court
expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in
controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection
of a plaint and the determination of any question within [3]*** section 144, but shall not include—
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
_Explanation.—A_ decree is preliminary when further proceedings have to be taken before the suit
can be completely disposed of. It is final when such adjudication completely disposes of the suit.
It may be partly preliminary and partly final;
(3) “decree-holder” means any person in whose favour a decree has been passed or an order
capable of execution has been made;
_(4)_ “district” means the local limits of the jurisdiction of a principal Civil Court of original
jurisdiction (hereinafter called a “District Court”), and includes the local limits of the ordinary
original civil jurisdiction of a High Court;
4[(5) “foreign Court” means a Court situate outside India and not established or continued by the
authority of the Central Government;]
(6) “foreign judgment” means the judgment of a foreign Court;
(7) “Government Pleader” includes any officer appointed by the State Government to perform all
or any of the functions expressly imposed by this Code on the Government Pleader and also any
pleader acting under the directions of the Government Pleader;
5[(7A) “High Court” in relation to the Andaman and Nicobar Islands, means the High Court in
Calcutta;
(7B) “India”, except in sections 1, 29, 43, 44, [6][44A,] 78, 79, 82, 83 and 87A, means the territory
of India excluding the State of Jammu and Kashmir;]
(8) “Judge” means the presiding officer of a Civil Court;
1. Subs. by Act 104 of 1976, s. 2, for sub-section (3) (w.e.f. 1-2-1977).
2. Clause (a) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
3. The words and figures “section 47 or” omitted by s. 3, ibid. (w.e.f. 1-2-1977).
4. Subs. by Act 2 of 1951, s. 4, for clause 5 (w.e.f. 1-4-1951).
5. Ins. by s. 4, ibid. (w.e.f. 1-4-1951).
6. Ins. by Act 42 of 1953, s. 4 and the Third Schedule (w.e.f. 23-12-1953).
-----
(9) “judgment” means the statement given by the Judge of the grounds of a decree or order;
(10) “judgment-debtor” means any person against whom a decree has been passed or an order
capable of execution has been made;
(11) “legal representative” means a person who in law represents the estate of a deceased person,
and includes any person who intermeddles with the estate of the deceased and where a party sues or is
sued in a representative character the person on whom the estate devolves on the death of the party so
suing or sued;
(12) “mesne profits” of property means those profits which the person in wrongful possession of
such property actually received or might with ordinary diligence have received therefrom, together
with interest on such profits, but shall not include profits due to improvements made by the person in
wrongful possession;
(13) “movable property” includes growing crops;
(14) “order” means the formal expression of any decision of a Civil Court which is not a decree;
(15) “pleader” means any person entitled to appear and plead for another in Court, and includes an
advocate, a vakil and an attorney of a High Court;
(16) “prescribed” means prescribed by rules;
(17) “public officer” means a person falling under any of the following descriptions, namely :—
(a) every Judge;
(b) every member of [1][an All-India Service];
(c) every commissioned or gazetted officer in the military [2][naval or air] forces of. [3][the Union]
4*** while serving under the Government;
(d) Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on
any matter of law or fact, or to make, authenticate or keep any document, or to take charge or
dispose of any property, or to execute any judicial process, or to administer any oath, or to
interpret, or to preserve order, in the Court, and every person especially authorised by a court of
Justice to perform any of such duties;
(e) every person who holds any office by virtue of which he is empowered to place or keep any
person in confinement;
(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give
information of offences, to bring offenders to justice, or to protect the public health, safety or
convenience;
(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property
on behalf of the Government, or to make any survey, assessment or contract on behalf of the
Government, or to execute any revenue process, or to investigate, or to report on, any matter
affecting the pecuniary interests of the Government, or to make, authenticate or keep any document
relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the
protection of the pecuniary interests of the Government; and
(h) every officer in the service or pay of the Government, or remunerated by fees or commission
for the performance of any public duty;
(18) “rules” means rules and forms contained in the First Schedule or made under section 122 or
section 125;
(19) “share in a corporation” shall be deemed to include stock, debenture stock, debentures or
bonds; and
(20) “signed”, save in the case of a judgment or decree, includes stamped.
1. Subs. by Act 104 of 1976, s. 3, for “the Indian Civil Service” (w.e.f. 1-2-1977).
2. Subs. by Act 35 of 1934, s. 2 and the Schedule, for “or naval”.
3. Subs. by the A.O. 1950, for “his Majesty”.
4. The words “including His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the Schedule.
-----
1* - - -
**3. Subordination of Courts.—For** the purposes of this Code, the District Court is subordinate to the
High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small
Causes is subordinate to the High Court and District Court.
**4. Savings.—(1)** In the absence of any specific provision to the contrary, nothing in this Code shall be
deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or
power conferred, or any special form of procedure prescribed, by or under any other law for the time
being in force.
(2) In particular and without prejudice to the generality of the proposition contained in sub-section (1),
nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or
landlord may have under any law for the time being in force for the recovery of rent of agricultural land
from the produce of such land.
**5. Application of the Code to Revenue Courts.—(1)** Where any Revenue Courts are governed by
the provisions of this Code in those matters of procedure upon which any special enactment applicable to
them is silent, the State Government [2]*** may, by notification in the Official Gazette, declare that any
portions of those provisions which are not expressly made applicable by this Code shall not apply to those
Courts, or shall only apply to them with such modifications as the State Government [3]*** may prescribe.
(2) “Revenue Court” in sub-section (1) means a Court having jurisdiction under any local law to
entertain suits or other proceedings relating to the rent, revenue or profits of land used for
agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code
to try such suits or proceedings as being suits or proceedings of a civil nature.
**6.** **Pecuniary jurisdiction.—Save** in so far as is otherwise expressly provided, nothing herein
contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter
of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
7. **Provincial Small Cause Courts.—The** following provisions shall not extend to Courts
constituted under the Provincial Small Cause Courts Act, 1887(9 of 1887) [4][or under the Berar Small
Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes [5][under the
said Act or Law], [6][or to Courts in [7][any part of India to which the said Act does not extend] exercising a
corresponding jurisdiction that is to say,—
(a) so much of the body of the Code as relates to—
(i) suits excepted from the cognizance of a Court of Small Causes;
(ii) the execution of decrees in such suits;
(iii) the execution of decrees against immovable property; and
(b) the following sections, that is to say,—
section 9,
sections 91 and 92,
sections 94 and 95 [8][so far as they authorize or relate to]—
(i) orders for the attachment of immovable property,
(ii) injunctions,
1. Clause (21) omitted by Act 2 of 1951, s. 4, Earlier Clause (21) ins. by the A.O. 1950.
2. The words “with the previous sanction of the G.G. in C”, omitted by Act 38 of 1920, s. 2 and the First Schedule Pt. I.
3. The words “with the sanction aforesaid” omitted by s. 2 and the First Schedule Pt. I, ibid.
4. Ins. by Act 4 of 1941, s. 2 and the Third Schedule.
5. Subs. by s. 2 and the Third Schedule., ibid., for “under that Act”.
6. Ins. by Act 2 of 1951, s. 5.
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
8. Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injunctions and interlocutory orders” .
-----
(iii) the appointment of a receiver of immovable property, or
(iv) the interlocutory orders to in clause (e) of section 94], and sections 96 to 112 and 115.
**8. Presidency Small Cause Courts.—Save** as provided in sections 24, 38 to 41, 75, clauses (a), (b)
and (c), 76, [1][77, 157 and 158], and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), the
provisions in the body of this Code shall not extend to any suit or proceeding in any Court of Small
Causes established in the towns of Calcutta, Madras and Bombay:
2[Provided that—
(1) the High Courts of Judicature at Fort William, Madras and Bombay, as the case may be, may
from time to time, by notification in the Official Gazette, direct[3] that any such provisions not
inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882 (15 of 1882),
and with such modifications and adaptations as may be specified in the notification, shall extend to suits
or proceedings or any class of suits or proceedings in such Court;
(2) all rules heretofore made by any of the said High Courts under section 9 of the Presidency
Small Cause Courts Act, 1882 (15 of 1882) shall be deemed to have been validly made.]
**PART I**
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND Res Judicata
**9. Courts to try all civil suits unless barred.—The** Courts shall (subject to the provisions herein
contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is
either expressly or impliedly barred.
4[Explanation I].—A suit in which the right to property or to an office is contested is a suit of a civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to religious
rites or ceremonies.
5[Explanation II].—For the purposes of this section, it is immaterial whether or not any fees are attached
to the office referred to in Explanation I or whether or not such office is attached to a particular place.]
**STATE AMENDMENTS**
**Maharashtra.—**
Section 9A of the Code of Civil Procedure, 1908, in its application to the State of Maharashtra
(hereinafter referred to as “the principal Act”), shall be deleted.
[Vide Maharashtra Act 61 of 2018, sec. 2.]
**Notwithstanding the deletion of section 9A of the principal Act,—**
(1) where consideration of a preliminary issue framed under section 9A is pending on the date of
commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this
section, referred to as “the Amendment Act”), the said issue shall be deemed to be an issue framed under
Order XIV of the principal Act and shall be decided by the Court, as it deems fit, along with all other
issues, at the time of final disposal of the suit itself :
Provided that, the evidence, if any, led by any party or parties to the suit, on the preliminary issue so
framed under section 9A, shall be considered by the Court along with evidence, if any, led on other issues
in the suit, at the time of final disposal of the suit itself ;
(2) in all the cases, where a preliminary issue framed under section 9A has been decided, holding that
the Court has jurisdiction to entertain the suit, and a challenge to such decision is pending before a
revisional Court, on the date of commencement of the Amendment Act, such revisional proceedings shall
stand abated :
1. Subs. by Act 104 of 1976, s. 4, for “77 and 155 to 158” (w.e.f. 1-2-1977).
2. Added by Act 1 of 1914, s. 2.
3. For instance of such direction, see Calcutta Gazette, 1910, Pt. I, p. 814.
4. Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977).
5. Ins. by s. 5, ibid. (w.e.f. 1-2-1977).
-----
Provided that, where a decree in such suit is appealed from any error, defect or irregularity in the order
upholding jurisdiction shall be treated as one of the ground of objection in the memorandum of appeal as
if it had been included in such memorandum;
(3) in all cases, where a preliminary issue framed under section 9A has been decided, holding that the
Court has no jurisdiction to entertain the suit, and a challenge to such decision is pending before an
appellate or revisional Court, on the date of commencement of the Amendment Act, such appellate or
revisional proceedings shall continue as if the Amendment Act has not been enacted and section 9A has
not been deleted :
Provided that, in case the appellate or revisional Court, while partly allowing such appeal or revision,
remands the matter to the trial Court for reconsideration of the preliminary issue so framed under
section 9A, upon receipt of these proceedings by the trial Court, all the provisions of the principal Act
shall apply ;
(4) in all cases, where an order granting an ad-interim relief has been passed under sub-section (2) of
section 9A prior to its deletion, such order shall be deemed to be an ad-interim order made under Order
XXXIX of the principal Act and the Court shall, at the time of deciding the application in which such an
order is made, either confirm or vacate or modify such order.
[Vide Maharashtra Act 61 of 2018, sec. 3.]
**Maharashtra.—**
In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018, for clause (1), the
following clause shall be substituted and shall be deemed to have been substituted with effect from 27th
June 2018, being the date of commencement of the said Act, namely:—
“(1) where consideration of a preliminary issue framed under section 9A is pending on the date of
commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this
section, referred to as “the Amendment Act”), the said issue shall be decided and disposed of by the Court
under section 9A, as if the said section 9A has not been deleted;”.
[Vide Maharashtra Act 72 of 2018, s. 2 (w.e.f. 27-6-2018.)]
**10. Stay of suit.—No** Court shall proceed with the trial of any suit in which the matter in issue is also
directly and substantially in issue in a previously instituted suit between the same parties, or between
parties under whom they or any of them claim litigating under the same title where such suit is pending in
the same or any other Court in [1][India] have jurisdiction to grant the relief claimed, or in any Court
beyond the limits of [1][India] established or continued by [2][the Central Government [3]***.] and having like
jurisdiction, or before [4][the Supreme Court].
_Explanation.—The pendency of a suit in a foreign Court does not preclude the Courts in [1][India] from_
trying a suit founded on the same cause of action.
**11. Res judicata.—No** Court shall try any suit or issue in which the matter directly and substantially
in issue has been directly and substantially in issue in a former suit between the same parties, or between
parties under whom they or any of them claim, litigating under the same title, in a Court competent to try
such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and
finally decided by such Court.
1. Subs. by Act 2 of 1951, s. 3, for “the States”.
2. Subs. by the A.O. 1937, for “the G.G. in C.”
3. The words “or the Crown Representative” omitted by the A.O. 1948.
4. Subs. by the A.O. 1950, for “His Majesty in Council”.
-----
_Explanation I.—The_ expression “former suit” shall denote a suit which has been decided prior to a suit
in question whether or not it was instituted prior thereto.
_Explanation II.—For_ the purposes of this section, the competence of a Court shall be determined
irrespective of any provisions as to a right of appeal from the decision of such Court.
_Explanation III.—The_ matter above referred to must in the former suit have been alleged by one party
and either denied or admitted, expressly or impliedly, by the other.
_Explanation IV.—Any matter which might and ought to have been made ground of defence or attack_
in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.
_Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall_
for the purposes of this section, be deemed to have been refused.
_Explanation VI.—Where_ persons litigate _bona fide_ in respect of a public right or of a private right
claimed in common for themselves and others, all persons interested in such right shall, for the purposes
of this section, be deemed to claim under the persons so litigating .
1[Explanation VII.—The provisions of this section shall apply to a proceeding for the execution of a decree
and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a
proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the
execution of that decree.
_Explanation VIII. —An issue heard and finally decided by a Court of limited jurisdiction, competent to_
decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of
limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been
subsequently raised.]
**12. Bar to further suit.** —Where a plaintiff is precluded by rules from instituting a further suit in
respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause
of action in any Court to which this Code applies.
**13. When foreign judgment not conclusive.—A foreign judgment shall be conclusive as to any**
matter thereby directly adjudicated upon between the same parties or between parties under whom they or
any of them claim litigating under the same title except—
(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of
international law or a refusal to recognise the law of [2][India] in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
_(f) where it sustains a claim founded on a breach of any law in force in [2][India]._
**14. Presumption as to foreign judgments.—The Court shall presume upon the production of any**
document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by
a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be
displaced by proving want of jurisdiction.
PLACE OF SUING
**15. Court in which suits to be instituted.—Every** suit shall be instituted in the Court of the lowest
grade competent to try it.
**16. Suits to be instituted where subject-matter situate.—Subject** to the pecuniary or other
limitations prescribed by any law, suits—
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
1. Ins. by Act 104 of 1976, s. 6 (w.e.f. 1-2-1977).
2. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951).
-----
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable
property,
(d) or the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment,
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property
held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his
personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the
property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and
voluntarily resides, or carries on business, or personally works for gain.
_Explanation.—In_ this section “property” means property situate in [1][India].
**17.** **Suits for immovable property situate within jurisdiction of different Courts.—Where** a suit is to
obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of
different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any
portion of the property is situate :
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable
by such Court.
**18. Place of Institution of suit where local limits of jurisdiction of Courts are**
**uncertain.— (1)** Where it is alleged to be uncertain within the local limits of the jurisdiction of which of
two or more Courts, any immovable property is situate, any one of those Courts may, if satisfied that
there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to
entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same
effect as if the property were situate within the local limits of its jurisdiction:
Provided that the suit is one with respect to which the Court is competent as regards the nature and
value of the suit to exercise jurisdiction.
(2) Where a statement has not been recorded under sub-section (1), and an objection is taken before
an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a
Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not
allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable
ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a
consequent failure of justice.
**19. Suits for compensation for wrongs to person or movables.—Where** a suit is for compensation for
wrong done to the person or to movable property, if the wrong was done within the local limits of the
jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within
the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in
either of the said Courts.
_Illustrations_
(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in
Delhi.
**20. Other suits to be instituted where defendants reside or cause of action arises.—Subject** to
the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose
jurisdiction—
(a) the defendant, or each of the defendants where there are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on business, or personally
works for gain; or
(b) any of the defendants, where there are more than one, at the time of the commencement of the
suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided
1. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951).
-----
that in such case either the leave of the Court is given, or the defendants who do not reside, or carry
on business, or personally works for gain, as aforesaid, acquiesce in such institution; or
(c) The cause of action, wholly or in part, arises.
1* - - -
2[Explanation].—A corporation shall be deemed to carry on business at its sole or principal office
in [3][India] or, in respect of any cause of action arising at any place where it has also a subordinate
office, at such place.
_Illustrations_
(a) A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and
requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A
may sue B for the price of the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B
carries on business.
(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C make a joint
promissory note payable on demand, and deliver it to A. A may sue B and C at Benaras, where the cause of action
arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides but in each of these cases, if
the non-resident defendant objects, the suit cannot proceed without the leave of the Court.
**21. Objections to jurisdiction. —[4][(1)]** No objection as to the place of suing shall be allowed by any
Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest
possible opportunity and in all cases where issues are settled at or before such settlement, and unless there
has been a consequent failure of justice.
5[(2) No objection as to the competence of a Court with reference to the pecuniary limits of its
jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the
Court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or
before such settlement, and unless there has been a consequent failure of justice.
(3) No objection as to the competence of the executing Court with reference to the local limits of its
jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the
executing Court at the earliest possible opportunity, and unless there has been a consequent failure of
justice.]
6[21A. Bar on suit to set aside decree on objection as to place of suing.— No suit shall lie
challenging the validity of a decree passed in a former suit between the same parties, or between the
parties under whom they or any of them claim, litigating under the same title, on any ground based on an
objection as to the place of suing.
_Explanation.—The_ expression “former suit” means a suit which has been decided prior to the decision
in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was
instituted prior to the suit in which the validity of such decree is questioned.]
**22. Power to transfer suits which may be instituted in more than one Court.—Where** a suit may
be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after
notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are
settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to
which such application is made, after considering the objections of the other parties (if any), shall
determine in which of the several Courts having jurisdiction the suit shall proceed.
1. Explanation 1 omitted by Act 104 of 1976, s. 7 (w.e.f. 1-2-1977).
2. Subs. by s. 7, ibid., for “Explanation II” (w.e.f. 1-2-1977).
3. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951).
4. S. 21 renumbered as sub-section (1) by Act 104 of 1976, s. 8 (w.e.f. 1-2-1977).
5. Ins. by s. 8, ibid. (w.e.f. 1-2-1977).
6. Ins. by s. 9, ibid. (w.e.f. 1-2-1977).
-----
**23. To what Court application lies.—(I) Where the several Courts having jurisdiction are subordinate to**
the same Appellate Court, an application under section 22 shall be made to the Appellate Court.
(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the
application shall be made to the said High Court.
(3) Where such Courts are subordinate to different High Courts, the application shall be made to the
High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.
**24. General power of transfer and withdrawal.—(1)** On the application of any of the parties and
after notice to the parties and after hearing such of them as desired to be heard, or of its own motion
without such notice, the High Court or the District Court may at any stage—
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any
Court subordinate to it and competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to
try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court
which [1][is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the
case of an order of transfer, either retry it or proceed from the point at which it was transferred or
withdrawn.
2[(3) For the purposes of this section,—
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the
District Court;
(b) “proceeding” includes a proceeding for the execution of a decree or order.]
(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes
shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
3[(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction
to try it.]
4[25. Power of Supreme Court to transfer suits, etc.—(1) On the application of a party, and after notice
to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if
satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other
proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil
Court in any other State.
(2) Every application under this section shall be made by a motion which shall be supported by an
affidavit.
(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special
directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the
application was frivolous or vexatious, order the applicant to pay by way of compensation to any person
who has opposed the application such sum, not exceeding two thousand rupees, as it considers
appropriate in the circumstances of the case.
(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be
the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to
have applied to such suit, appeal or proceeding.]
1. Subs. by Act 104 of 1976, s. 10, for “thereafter tries such suit” (w.e.f. 1-2-1977).
2. Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 1-2-1977).
3. Ins. by s. 10, ibid. (w.e.f. 1-2-1977).
4. Subs. by s. 11, ibid., for s. 25 (w.e.f. 1-2-1977).
-----
INSTITUTION OF SUITS
**26. Institution of suits. —** [1][(1)] Every suit shall be instituted by the presentation of a plaint or in such
other manner as may be prescribed.
[2][(2) In every plaint, facts shall be proved by affidavit.]
*[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of
Rule 15A.]
SUMMONS AND DISCOVERY
**27. Summons to defendants.—Where** a suit has been duly instituted, a summons may be issued to the
defendant to appear and answer the claim and may be served in manner prescribed [3][on such day not
beyond thirty days from date of the institution of the suit.]
**28. Service of summons where defendant resides in another State.—(1)** A summons may be sent for
service in another State to such Court and in such manner as may be prescribed by rules in force in that State.
(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been
issued by such Court and shall then return the summons to the Court of issue together with the record
(if any) of its proceedings with regard thereto.
4[(3) Where the language of the summons sent for service in another State is different from the
language of the record referred to in sub-section (2), a translation of the record,—
(a) in Hindi, where the language of the Court issuing the summons is Hindi, or
(b) in Hindi or English where the language of such record is other than Hindi or English,
shall also be sent together with the record sent under that sub-section.]
5[29. Service of foreign summonses.—Summonses and other processes issued by—
(a) any Civil or Revenue Court established in any part of India to which the provisions of this
Code do not extend, or
(b) any Civil or Revenue Court established or continued by the authority of the Central
Government outside India, or
(c) any other Civil or Revenue Court outside India to which the Central Government has, by
notification in the Official Gazette, declared the provisions of this section to apply,
may be sent to the Courts in the territories to which this Code extends, and served as if they were
summonses issued by such Courts.]
**30. Power to order discovery and the like.—Subject** to such conditions and limitations as may be
prescribed, the Court may, at any time, either of its own motion or on the application of any party,—
(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and
answering of interrogatories, the admission of documents and facts, and the discovery, inspection,
production, impounding and return of documents or other material objects producible as evidence;
(b) issue summonses to persons whose attendance is required either to give evidence or to
produce documents or such other objects as aforesaid;
(c) order any fact to be proved by affidavit.
**31. Summons to witness.—The** provisions in sections 27, 28 and 29 shall apply to summonses to give
evidence or to produce documents or other material objects.
**32. Penalty for default.—The** Court may compel the attendance of any person to whom a summons
has been issued under section 30 and for that purpose may—
(a) issue a warrant for his arrest;
(b) attach and sell his property;
1. S. 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002).
2. Ins. by s. 3, ibid., (w.e.f. 1-7-2002).
3. Ins. by s. 3, ibid., (w.e.f. 1-7-2002).
4. Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977).
5. Subs. by Act 2 of 1951, s. 6, for section 29 (w.e.f. 1-4-1951).
- Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).
-----
(c) impose a fine upon him [1][not exceeding five thousand rupees];
(d) order him to furnish security for his appearance and in default commit him to the civil prison.
JUDGMENT AND DECREE
**33. Judgment and decree.—The** Court, after the case has been heard, shall pronounce judgment, and on
such judgment a decree shall follow.
INTEREST
**34. Interest.— (1) Where and in so far as a decree is for the payment of money, the Court may, in the decree,**
order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of
the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to
the institution of the suit, [2][with further interest at such rate not exceeding six per cent. per annum as the Court
deems reasonable on such principal sum], from the date of the decree to the date of payment, or to such earlier date
as the Court thinks fit:
3[Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial
transaction, the rate of such further interest may exceed six per cent. per annum, but shall not exceed the
contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced
by nationalised banks in relation to commercial transactions.
_Explanation_ I.—In this sub-section, “nationalised bank” means a corresponding new bank as defined in
the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).
_Explanation_ II.—For the purposes of this section, a transaction is a commercial transaction, if it is
connected with the industry, trade or business of the party incurring the liability.]
(2) Where such a decree is silent with respect to the payment of further interest [4][on such principal sum]
from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have
refused such interest, and a separate suit therefor shall not lie.
COSTS
**35. Costs.—(1)** Subject to such conditions and limitations as may be prescribed, and to the provisions of any
law for the time being in force, the costs of an incident to all suits shall be in the discretion of the Court, and the
Court shall have full power to determine by whom or out of what property and to what extent such costs are to be
paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to
try the suit shall be no bar to the exercise of such powers.
(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in
writing.
5* - - -
***[35. Costs.— (1) In relation to any Commercial dispute, the Court, notwithstanding anything contained**
in any other law for the time being in force or Rule, has the discretion to determine:
(a) whether costs are payable by one party to another;
(b) the quantum of those costs; and
(c) when they are to be paid.
1. Subs. by Act 46 of 1999, s. 4, for “not exceeding five hundred rupees” (w.e.f. 1-7-2002).`
2. Subs. by Act 66 of 1956, s. 2, for certain words (w.e.f. 1-1-1957).
3. Ins. by Act 104 of 1976, s. 13 (w.e.f. 1-7-1977).
4. Subs. by Act 66 of 1956, s. 2, for “on such aggregate sum as aforesaid” (w.e.f. 1-1-1957).
5. Sub-section (3) omitted by Act 66 of 1956, s. 3 (w.e.f. 1-1-1957).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).
-----
_Explanation.—For the purpose of clause (a), the expression “costs” shall mean reasonable costs_
relating to—
(i) the fees and expenses of the witnesses incurred;
(ii) legal fees and expenses incurred;
(iii) any other expenses incurred in connection with the proceedings.
(2) If the Court decides to make an order for payment of costs, the general rule is that the unsuccessful
party shall be ordered to pay the costs of the successful party:
Provided that the Court may make an order deviating from the general rule for reasons to be recorded in
writing.
_Illustration_
The Plaintiff, in his suit, seeks a money decree for breach of contract, and damages. The Court holds that the
Plaintiff is entitled to the money decree. However, it returns a finding that the claim for damages is frivolous and
vexatious.
In such circumstances the Court may impose costs on the Plaintiff, despite the Plaintiff being the successful
party, for having raised frivolous claims for damages.
(3) In making an order for the payment of costs, the Court shall have regard to the following circumstances,
including—
(a) the conduct of the parties;
(b) whether a party has succeeded on part of its case, even if that party has not been wholly successful;
(c) whether the party had made a frivolous counterclaim leading to delay in the disposal of the case;
(d) whether any reasonable offer to settle is made by a party and unreasonably refused by the other party;
and
(e) whether the party had made a frivolous claim and instituted a vexatious proceeding wasting the time of
the Court.
(4) The orders which the Court may make under this provision include an order that a party must pay––
(a) a proportion of another party’s costs;
(b) a stated amount in respect of another party’s costs;
(c) costs from or until a certain date;
(d) costs incurred before proceedings have begun;
(e) costs relating to particular steps taken in the proceedings;
(f) costs relating to a distinct part of the proceedings; and
(g) interest on costs from or until a certain date.]
**STATE AMENDMENTS**
**Jammu and Kashmir and Ladakh (UTs).—**
In Section 35, in sub-section (1) omit “Commercial”.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
-----
1[35A. Compensatory costs in respect of false or vexatious claims or defences.—(1) If in any suit
or other proceedings [2][including an execution proceeding but [3][excluding an appeal or a revision] any
party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against
the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if
thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole
or in part, the Court, [4][if it so thinks fit], may, after recording its reasons for holding such claim or
defence to be false or vexatious, make an order for the payment to the object or by the party by whom
such claim or defence has been put forward, of cost by way of compensation.
*[(2) No Court shall make any such order for the payment of an amount exceeding [5][three thousand
rupees] or exceeding the limits of its pecuniary jurisdiction, whichever amount is less:
Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a
Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887), [6][or under a
corresponding law in force in [7][any part of India to which the said Act does not extend] and not being a Court
constituted [8][under such Act or law], are less than two hundred and fifty rupees, the High Court may empower
such Court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not
exceeding those limits by more than one hundred rupees :
Provided, further, that the High Court may limit the amount which any Court or class of Courts is
empowered to award as costs under this section.]
(3) No person against whom an order has been made under this section shall, by reason thereof, be
exempted from any criminal liability in respect of any claim or defence made by him.
(4) The amount of any compensation awarded under this section in respect of a false or vexatious
claim or defence shall be taken into account in any subsequent suit for damages or compensation in
respect of such claim or defence.]
**STATE AMENDMENTS**
**Jammu and Kashmir and Ladakh (UTs).—**
In Section 35A, omit sub-section (2).
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
**Uttar Pradesh**
## Amendment of section 35-A of Act V of 1908.—In the Code of Civil Procedure,
1908 (hereinafter in this Chapter referred to as the principal Act) in section 35-A, after sub- section (1), the following sub-section shall be inserted, namely :—
“Revision.—(1-A) The provisions of sub-section (1) shall mutatis mutandis apply to an appeal where the appellate court confirms the decision of the trial court and the trial court has not awarded, or has awarded insufficient, compensatory cost under that sub- section.”
[Vide Uttar Pradesh Act 57 of 1976, s. 2]
1. Section 35A ins. by Act 9 of 1922, s. 2, which, under section 1(2) thereof may be brought into force in any State by the State
Government on any specified date. It has been so brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P., Assam,
Orissa and Madras.
2. Subs. by Act 66 of 1956, s. 4, for “not being an appeal” (w.e.f. 1-2-1957).
3. Subs. by Act 104 of 1976, s. 14, for “excluding an appeal” (w.e.f. 1-2-1977).
4. Subs. by Act 66 of 1956, s. 4, for certain words (w.e.f. 1-2-1957).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).
5. Subs. by Act 104 of 1976, s. 14, for “one thousand rupees” (w.e.f. 1-2-1977).
6. Ins. by Act 2 of 1951, s. 7.
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “a Part B State”.
8. Subs. by Act 2 of 1951, s. 7, for “under that Act” (w.e.f. 1-4-1951).
-----
**Uttar Pradesh**
**Section 35-A or Schedule of the Act.—(1) For the existing sub-section (1), the following**
## shall be substituted ;
“(1) If in any suit or other proceeding, including proceedings in execution, but not being
an appeal or revision, the court finds that the claim or defense or any part thereof is false or
vexatious to the knowledge of the party by whom it has been put forward and if such claim
or defense or such part is disallowed abandoned or withdrawn in whole or in part, the court
may, after recording its reasons for holding such claim or defense to be false or vexatious, make
an order for the payment to the successful party of costs by way of compensation irrespective
of the decision on other issues in the case.”
[Vide Uttar Pradesh Act XXIV of 1954, s. 3]
1[35B. Costs for causing delay.—(1) If, on any date fixed for the hearing of a suit or for taking any
step therein, a party to the suit—
(a) fails to take the step which he was required by or under this Code to take on that date, or
(b) obtains an adjournment for taking such step or for producing evidence or on any other ground,
the Court may, for reasons to be recorded, make an order requiring such party to pay to the other party
such costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in
respect of the expenses incurred by him in attending the Court on that date, and payment of such costs, on
the date next following the date of such order, shall be a condition precedent to the further prosecution
of—
(a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs,
(b) the defence by the defendant, where the defendent was ordered to pay such costs.
_Explanation.—Where_ separate defences have been raised by the defendant or groups of defendants,
payment of such costs shall be a condition precedent to the further prosecution of the defence by such
defendants or groups of defendants as have been ordered by the Court to pay such costs.
(2) The costs, ordered to be paid under sub-section (1), shall not, if paid, be included in the costs
awarded in the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up
indicating the amount of such costs and the names and addresses of the persons by whom such costs are
payable and the order so drawn up shall be executable against such persons. ]
**PART II**
EXECUTION
GENERAL
**2[36. Application to orders.—The** provisions of this Code relating to the execution of decrees
(including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed
to apply to the execution of orders (including payment under an order).]
**37. Definition of Court which passed a decree.—The** expression “Court which passed a decree,”
or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in
the subject or context, be deemed to include,—
(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the
Court of first instance, and
1. Ins. by Act 104 of 1976, s. 15 (w.e.f. 1-2-1977).
2. Subs. by Act 104 of 1976, s. 16, for section 36 (w.e.f. 1-2-1977).
-----
(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the
Court which, if the suit wherein the decree was passed was instituted at the time of making the
application for the execution of the decree, would have jurisdiction to try such suit.
1[Explanation.—The Court of first instance does not cease to have jurisdiction to execute a decree
merely on the ground that after the institution of the suit wherein the decree was passed or after the passing
of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other
Court; but, in every such case, such other Court shall also have jurisdiction to execute the decree, if at the
time of making the application for execution of the decree it would have jurisdiction to try the said suit.]
COURTS BY WHICH DECREES MAY BE EXECUTED
**38. Court by which decree may be executed.—A** decree may be executed either by the Court which
passed it, or by the Court to which it is sent for execution.
**39. Transfer of decree.—(1) The Court which passed a decree may, on the application of the decree-**
holder, send it for execution to another Court [2][of competent jurisdiction],—
(a) if the person against whom the decree is passed actually and voluntarily resides or carries on
business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
(b) if such person has not property within the local limits of the jurisdiction of the Court which
passed the decree sufficient to satisfy such decree and has property within the local limits of the
jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property situate outside the local limits
of the jurisdiction of the Court which passed it, or
(d) if the Court which passed the decree considers for any other reason, which it shall record in
writing, that the decree should be executed by such other Court.
(2) The Court which passed a decree may of its own motion send it for execution to any subordinate
Court of competent jurisdiction.
3[(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at
the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the
suit in which such decree was passed.]
4[(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute
such decree against any person or property outside the local limits of its jurisdiction.]
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 39 of Act no. 5 of 1908.—** In section 39 of the Code of Civil
## Procedure, 1908, hereinafter referred to as the said Code, for sub-section (3), the following sub- section shall be substituted, namely :—
“(3) For the purposes of this section, a Court shall be deemed to be a Court of
competent jurisdiction of the amount or value of the subject-matter of the suit wherein the decree was passed does not exceed the pecuniary limits, if any, of its ordinary jurisdiction at the time of making the application for the transfer of decree to it, notwithstanding that it had otherwise no jurisdiction to try the suit.”
[Vide Uttar Pradesh Act 31 of 1978, s. 2]
**40. Transfer of decree to Court in another State.—Where** a decree is sent for execution in another State, it
shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that State.
1. Ins. by Act 104 of 1976, s. 17 (w.e.f. 1-2-1977).
2. Ins. by s. 18, ibid. (w.e.f. 1-2-1977).
3. Ins. by Act 104 of 1976, s. 18, (w.e.f. 1-2-1977).
4. Ins. by Act 22 of 2002, s. 2 (w.e.f. 1-7-2002).
-----
**41. Result of execution proceedings to be certified.—The** Court to which a decree is sent for
execution shall certify to the Court which passed it the fact of such execution, or where the former Court
fails to execute the same the circumstances attending such failure.
**42. Powers of Court in executing transferred decree. —** [1][(1)] The Court executing a decree sent to it shall
have the same powers in executing such decree as if it had been passed by itself. All persons is disobeying
or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had
passed the decree. And its order in executing such decree shall be subject to the same rules in respect of
appeal as if the decree had passed by itself.
2[(2) Without prejudice to the generality of the provisions of sub-section (1), the powers of the Court
under that sub-section shall include the following powers of the Court which passed the decree, namely:—
(a) power to send the decree for execution to another Court under section 39;
(b) power to execute the decree against the legal representative of the deceased judgment-debtor
under section 50;
(c) power to order attachment of a decree.
(3) A Court passing an order in exercise of the powers specified in sub-section (2) shall send a copy
thereof to the Court which passed the decree.
(4) Nothing in this section shall be deemed to confer on the Court to which a decree is sent for
execution any of the following powers, namely:—
(a) power to order execution at the instance of the transferee of the decree;
(b) in the case of a decree passed against a firm, power to grant leave to execute such decree
against any person, other than such a person as is referred to in clause (b), or clause (c) of
sub-rule (1) of rule 50 of Order XXI. ]
**STATE AMENDMENT**
**Uttar Pradesh**
## Substitution of new section for section 42 of Act V of 1908.— For section 42 of the
Code of Civil Procedure, 1908, as amended in its application to Uttar Pradesh (hereinafter referred to as the said Code) the following section shall be substituted and be deemed to have been substituted with affect from December 2, 1968, namely :—
**“42. Power of court in executing transferred decree.—** (1) The Court executing a decree
sent to it shall have the same powers in executing such decree as if it had been passed by
itself. All persons disobeying or obstructing the execution of the decree shall be punishable by
such Court in the same manner as if it had passed the decree, and its order in executing such
decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself.
(2) Without prejudice to the generality of the provisions of sub- section (1), the powers of the
Court under that sub-section shall include the following powers of the Court which passed the
decree, namely —
(a) power to send the decree for execution to another Court under section 39 ;
## (b) power to execute the decree against the legal representative of the deceased
judgment-debtor under section 50 ;
(c) power to order attachment of a decree;
(d) power to decide any question relating to the bar of limitation to the
executability of the decree ;
(e) power to record payment or adjustment under rule 2 of Order XXI;
1. S. 42 renumbered as sub-section (1) by Act 104 of 1976, s. 19 (w.e.f. 1-2-1977).
2. Ins. by s. 19, ibid., (w.e.f. 1-2-1977).
-----
(f) power to order stay of execution under rule 29 of Order XXI;
(g) in the case of a decree passed against a firm, power to grant leave to execute such decree
against any person other than a person as is referred to in clause (b) or clause (c) of sub-rule (1) of
rule 50 of Order XXI.
(3) A Court passing an order in exercise of the powers specified in sub-section (2)
## shall send a copy thereof to the Court which passed the decree.
(4) Nothing in this section shall be deemed to confer on the Court to which a decree is sent for
execution, the power to order execution at the instance of the transferee of a decree.”
[Vide Uttar Pradesh Act 14 of 1970, s. 2]
1[43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.—
Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do
not extend, or by any Court established or continued by the authority of the Central Government outside India,
may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the
manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.]
[2][44. Execution of decrees passed by Revenue Courts in places to which this Code does not
**extend.—The State Government may, by notification in the Official Gazette, declare that the decrees of**
any Revenue Court in any part of India to which the provisions of this Code do not extend, or any class of
such decrees, may be executed in the State as if they had been passed by Courts in that State.]
3[44A. Execution of decrees passed by Courts in reciprocating territory.—(1) Where a certified
copy of a decree of any of the superior Courts of [4]*** any reciprocating territory has been filed in a
District Court, the decree may be executed in [5][India] as if it had been passed by the District Court.
(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court
stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the
purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or
adjustment.
(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the
proceedings of a District Court executing a decree under this section, and the District Court shall refuse
execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any
of the exceptions specified in clauses (a) to (f) of section 13.
6[Explanation 1.— “Reciprocating territory” means any country or territory outside India which the
Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for
the purposes of this section; and “superior Courts”, with reference to any such territory, means such
Courts as may be specified in the said notification.
_Explanation 2.— “Decree” with reference to a superior Court means any decree or judgment of such_
Court under which a sum of money is payable, not being a sum payable in respect of taxes or other
charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitration
award, even if such an award is enforceable as a decree or judgment.]]
1. Subs. by Act 2 of 1951, s. 8, for section 43 (w.e.f. 1-4-1951).
2. Subs. by Act 2 of 1951, s. 9, for section 44 (w.e.f. 1-4-1951).
3. Ins. by Act 8 of 1937, s. 2.
4. The words “the United Kingdom or” omitted by Act 71 of 1952, s. 2.
5. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951).
6. Subs. by Act 71 of 1952, s. 2, for Explanations 1 to 3.
-----
1[45. **Execution of decrees outside India.—So** much of the foregoing sections of this Part as
empowers a Court to send a decree for execution to another Court shall be construed as empowering a
Court in any State to send a decree for execution to any Court established [2]*** by the authority of the
Central Government [3][outside India] to which the State Government has by notification in the Official
Gazette declared this section to apply.]
**46. Precepts.—(1)** Upon the application of the decree-holder the Court which passed the decree may,
whenever it thinks fit, issue a precept to any other Court which would be competent to execute such
decree to attach any property belonging to the judgment-debtor and specified in the precept.
_(2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed_
in regard to the attachment of property in execution of a decree:
Provided that no attachment under a precept shall continue for more than two months unless the
period of attachment is extended by an order of the Court which passed the decree or unless before the
determination of such attachment the decree has been transferred to the Court by which the attachment
has been made and the decree-holder has applied for an order for the sale of such property.
QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
**47. Questions to be determined by the Court executing decree.—(1) All questions arising between**
the parties to the suit in which the decree was passed, or their representatives, and relating to the
execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree
and not by a separate suit.
4* - - -
(3) Where a question arises as to whether any person is or is not the representative of a party, such
question shall, for the purposes of this section, be determined by the Court.
5[Explanation I.—For the purposes of this section, a plaintiff whose suit has been dismissed and a
defendant against whom a suit has been dismissed are parties to the suit.
_Explanation_ II.—(a) For the purposes of this section, a purchaser of property at a sale in execution of a
decree shall be deemed to be a party to the suit in which the decree is passed; and
(b) all questions relating to the delivery of possession of such property to such purchaser or his
representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree
within the meaning of this section.]
**STATE AMENDMENT**
**Uttar Pradesh**
## Amendment of section 47.— In section 47 of the principal Act, Explanation II
inserted by the U. P. Civil Laws (Reforms and Amendment) Act, 1954, shall be omitted.
[Vide Uttar Pradesh Act 57 of 1976, s. 3]
LIMIT OF TIME FOR EXECUTION
**48. [Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f. 1-1-1964).**
1. Subs. by the A.O. 1937, for section 45.
2. The words “or continued” omitted by the A.O. 1948.
3. Subs. by the A.O. 1950, for “in any Indian State”.
4. Sub-section (2) omitted by Act 104 of 1976, s. 20 (w.e.f. 1-2-1977).
5. Subs. by s. 20, ibid. for the Explanation (w.e.f. 1-2-1977).
-----
**STATE AMENDMENT**
**Rajasthan**
**Insertion of new section 48 A.- After section 48 of the Code of Civil Procedure, 1908 (Central Act V of 1908),**
in its application thereof to the State of Rajasthan, the following new section shall be, and be deemed always to
have been inserted, namely:-
## "48-A- Varied application of section 48.- For the purposes of the application of section 48 to the
State of Rajasthan;
(i) a decree, made before the twenty-fifth day of January, 1950, in those parts of Rajasthan
where a corresponding provision did not then exist, shall, unless it shall have becomr time-barred
or otherwise infructuous before the said day in accordance with any law then prevailing in those
parts, be deemed to have been made on the said day, and
(ii) Where a decree might have been made before the twenty-fifth day of January, 1950 in
those parts of Rajasthan where a corresponding provision then existed, with a period longer than
twelve years provided therein such longer period or the period of twelve years form the said day
whichever expires first shall be the period after which, according to section 48, no order for
execution shall be made".
[Vide Rajasthan Act XX of 1952, s. 2]
TRANSFEREES AND LEGAL REPRESENTATIVES
**49. Transferee.—Every** transferee of a decree shall hold the same subject to the equities (if any) which the
judgment-debtor might have enforced against the original decree-holder.
**50. Legal representative.—(1)** Where a judgment-debtor dies before the decree has been fully satisfied, the
holder of the decree may apply to the Court which passed it to execute the same against the legal representative of
the deceased.
(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the
property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of
ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the
decree-holder, compel such legal representative to produce such accounts as it thinks fit.
PROCEDURE IN EXECUTION
**51. Powers of Court to enforce execution.—Subject** to such conditions and limitations as may be prescribed,
the Court may, on the application of the decree-holder, order execution of the decree—
(a) by delivery of any property specifically decreed;
(b) by attachment and sale or by the sale without attachment of any property;
(c) by arrest and detention in prison [1][for such period not exceeding the period specified in section 58,
where arrest and detention is permissible under that section];
(d) by appointing a receiver; or
(e) in such other manner as the nature of the relief granted may require:
2[Provided that, where the decree is for the payment of money, execution by detention in prison shall not be
ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed
to prison, the Court, for reasons recorded in writing, is satisfied—
(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the
decree,—
(i) is likely to abscond or leave the local limits of the jurisdiction of the Court, or
(ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred,
concealed, or removed any part of his property, or committed any other act of bad faith in relation to
his property, or
(b) that the judgment-debtor has, or has had since the date of the decree, the means to pay the amount
of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the
same, or
(c) that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to
account.
_Explanation. —In the calculation of the means of the judgment-debtor for the purposes of clause (b), there_
shall be left out of account any property which, by or under any law or custom having the force of law for the
time being in force, is exempt from attachment in execution of the decree.]
1. Ins. by Act 104 of 1976, s. 21 (w.e.f. 1-2-1977).
2. Ins. by Act 21 of 1936, s. 2.
-----
**52. Enforcement of decree against legal representative.—(1)** Where a decree is passed against a party
as the legal representative of a deceased person, and the decree is for the payment of money out of the property
of the deceased, it may be executed by the attachment and sale of any such property.
(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court
that he has duly applied such property of the deceased as is proved to have come into his possession, the decree
may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to
satisfy the Court in the same manner as if the decree had been against him personally.
**53. Liability of ancestral property.—For** the purposes of section 50 and section 52, property in the hands
of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased
ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which
has come to the hands of the son or other descendant as his legal representative.
**54. Partition of estate or separation of share.—Where** the decree is for the partition of an undivided estate
assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate,
the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate
of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force
relating to the partition, or the separate possession of shares, of such estates.
**STATE AMENDMENT**
**Karnataka.—**
For Section 54, the following Section shall be substituted, namely.—
**“54. Partition of estate or separation of share.—Where the decree is for the partition of an**
undivided estate assessed to the payment of revenue to the Government, or for the separate possession of
a share of such an estate, the partition of the estate or the separation of the share of such an estate shall be
made by the Court in accordance with the law if any, for the time being in force relating to the partition or
the separate possession of shares, and if necessary on the report of a revenue officer, not below the rank
of Tahsildar or such other person as the Court may appoint as Commissioner in that behalf.”
[Vide Karnataka Act 36 of 1998, sec. 2.]
ARREST AND DETENTION
**55. Arrest and detention.—(1) A judgment-debtor may be arrested in execution of a decree at any**
hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may
be in the civil prison of the district in which the Court ordering the detention is situate, or, where such
civil prison does not afford suitable accommodation, in any other place which the State Government may
appoint for the detention of persons ordered by the Courts of such district to be detained:
Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be
entered after sunset and before sunrise:
Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling
house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but
when the officer authorized to make the arrest has duly gained access to any dwelling-house, he may break
open the door of any room in which he has reason to believe the judgment-debtor is to be found:
Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who
according to the customs of the country does not appear in public, the officer authorized to make the arrest shall give
notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her
reasonable facility for withdrawing, may enter the room for the purpose of making the arrest:
Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for
the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the
officer arresting him, such officer shall at once release him.
(2) The State Government may, by notification in the Official Gazette, declare that any person or class of persons
whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a
decree otherwise than in accordance with such procedure as may be prescribed by the State Government in this behalf.
(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the
Court, the Court shall inform him that he may apply to be declared an insolvent, and that he [1][may be discharged] if he
has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of
the law of insolvency for the time being in force.
(4) Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes security, to
the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any
1. Subs. by Act 3 of 1921, s. 2, for “will be discharged”.
-----
proceeding upon the application or upon the decree in execution of which he was arrested, the Court [1][may release] him
from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realized or commit
him to the civil prison in execution of the decree.
**56. Prohibition of arrest or detention of women in execution of decree for money.—Notwithstanding** anything in
this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the
payment of money.
**57. Subsistence-allowance.—The** State Government may fix scales, graduated according to rank, race and
nationality, of monthly allowances payable for the subsistence of judgment-debtors.
**58. Detention and release.—(1)** Every person detained in the civil prison in execution of a decree shall be so
detained,—
(a) where the decree is for the payment of a sum of money exceeding [2][ [3][five thousand rupees], for a
period not exceeding three months, and,]
4[(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not
exceeding five thousand rupees, for a period not exceeding six weeks.]
5[(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor
in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the
decree does not exceed [6][two thousand rupees.]]
(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be
discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was
detained in the civil prison.
**59. Release on ground of illness.—(1) At any time after a warrant for the arrest of a judgment-debtor has been**
issued the Court may cancel it on the ground of his serious illness.
(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit
state of health to be detained in the civil prison.
(3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom—
(a) by the State Government, on the ground of the existence of any infectious or contagious disease, or
(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering
from any serious illness.
(4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in civil
prison shall not in the aggregate exceed that prescribed by section 58.
**ATTACHMENT**
760. **Property liable to attachment and sale in execution of decree.—(1) The following property is liable to**
attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank-notes,
cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money,
debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or
immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing
power which he may exercise for his own benefit, whether the same be held in the name of the judgmentdebtor or by another person in trust for him or on his behalf:
Provided that the following particulars shall not be liable to such attachment or sale, namely:—
(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his
wife and children, and such personal ornaments as, in accordance with religious usage, cannot be
parted with by any woman;
(b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of
husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable
him to earn his livelihood as such, and such portion of agricultural produce or of any class of
agricultural produce as may have been declared to be free from liability under the provisions of the
next following section;
1. Subs. by Act 3 of 1921, s. 2, for “shall release”.
2. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977).
3. Subs. by Act 46 of 1999, s. 5, “one thousand rupees” (w.e.f. 1-7-2002).
4. Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002).
5. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977).
6. Subs. by Act 46 of 1999, s. 5, for “five hundred rupees” (w.e.f. 1-7-2002).
7. For amendments to s. 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of
1934), s. 35, as amended by Pun. Acts 12 of 1940 and 6 of 1942.
-----
(c) houses and other buildings (with the materials and the sites thereof and the land immediately
appurtenant thereto and necessary for their enjoyment) belonging to [1][an agriculturist or a labourer of
a domestic servant] and occupied by him ;
(d) books of account ;
_(e) a mere right to sue for damages ;_
(f) any right of personal service ;
(g) stipends and gratuities allowed to pensioners of the Government [2][or of a local authority or of
any other employer], or payable out of any service family pension fund [3]notified in the Official
Gazette by [4][the Central Government or the State Government] in this behalf, and political pensions;
5[(h) the wages of labourers and domestic servants, whether payable in money or in kind;
6***]
7[(i) salary to the extent of 8[the first 9[ 10[one thousand rupees]] and two third of the remainder] 11[in
execution of any decree other than a decree for maintenance]:
12[Provided that where any part of such portion of the salary as is liable to attachment has been under
attachment, whether continuously or intermittently, for a total period of twenty-four months, such portion
shall be exempt from attachment until the expiry of a further period of twelve months, and, where such
attachment has been made in execution of one and the same decree, shall, after the attachment has
continued for a total period of twenty-four months, be finally exempt from attachment in execution of that
deeree.]]
11[(ia) one-third of the salary in execution of any decree for maintenance;]
13[(j) the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950) or the Army
Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957), applies;]
(k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act,
14[1925], (19 of 1925), for the time being applies in so far as they are declared by the said Act not to be liable to
attachment;
15[(ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, 1968
(23 of 1968), for the time being applies, in so far as they are declared by the said Act as not to be liable to attachment;
(kb) all moneys payable under a policy of insurance on the life of the judgment-debtor;
(kc) the interest of a lessee of a residential of building to which the provisions of law for the time
being in force relating to control of rents and accommodation apply;]
16[(1) any allowance forming part of the emoluments of any 17[servant of the 18[Government]] or of any
servant of a railway company or local authority which the [19][appropriate Government] may by notification in
the Official Gazette declare to be exempt from attachment, and any subsistence grant or allowance made to
20[any such servant] while under suspension;]
1. Subs. by Act 104 of 1976, s. 23, for “an agriculturist” (w.e.f. 1-2-1977)
2. Ins. by s. 23, ibid. (w.e.f. 1-2-1977).
3. For such a notification, see Gazette of India, 1909, Pt. I, p. 5.
4. Subs. by the A.O. 1937, for “the G.G. in C.”
5. Subs. by Act 9 of 1937, s. 2, for clauses (h) and (i). The amendments made by that section have no effect in respect of any
proceedings arising out of a suit instituted before 1st June, 1937, see ibid., section 3.
6. The words “and salary, to the extent of the first hundred rupees and one-half the remainder of such salary” omitted by Act 5 of
1943, s. 2.
7. Subs. by s. 2, ibid., for clause (i) and the proviso.
8. Subs. by Act 26 of 1963, s. 2, for “the first hundred rupees”.
9. Subs. by Act 104 of 1976, s. 23, for “two hundred rupees and one-half the remainder” (w.e.f. 1-2-1977).
10. Subs. by Act 46 of 1999, s. 6, for “four hundred rupees” (w.e.f. 1-7-2002).
11. Ins. by Act 66 of 1956, s. 6 (w.e.f. 1-1-1957).
12. Subs. by Act 104 of 1976, s. 23, for “the proviso” (w.e.f. 1-2-1977).
13. Subs. by s. 23, ibid., for clause (j) (w.e.f. 1-2-1977).
14. Subs. by Act 9 of 1937, s. 2, for “1897”.
15. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977).
16. Subs. by Act 9 of 1937, s. 2, for the original clause (l), see also footnote 3.
17. Subs. by Act 5 of 1943, s. 2, for “public officer”.
18. Subs. by the A.O. 1950 for “crown”.
19. Subs. by the A.O. 1937, for “G.G. in C”.
20. Subs. by Act 5 of 1943, s. 2, for “any such officer or servant”.
-----
(m) an expectancy of succession by survivorship or other merely contingent or possible right or interest;
(n) a right to future maintenance;
(o) any allowance declared by [1][any Indian law] to be exempt from liability to attachment or sale in execution
of a decree; and
(p) where the judgment-debtor is a person liable for the payment of land-revenue; any movable property
which, under any law for the time being applicable to him, is exempt from .sale for the recovery of an arrear of
such revenue.
2[Explanation I. —The moneys payable in relation to the matters mentioned in clauses (g), (h), (i), (ia), (j), (l)
and (o) are exempt from attachment or sale, whether before or after they are actually payable, and, in the case of
salary, the attachable portion thereof is liable to attachment, whether before or after it is actually payable.]
3[ 4[Explanation II. —In clauses (i) and (ia)], “salary” means the total monthly emoluments, excluding any
allowance declared exempt from attachment under the provisions of clause (1), derived by a person from his
employment whether on duty or on leave.]
5[Explanation 6[III]—In clause (1) “appropriate Government” means—
(i) as respects any [7][person] in the service of the Central Government, or any servant of [8][a Railway
Administration] or of a cantonment authority or of the port authority of a major port, the Central Government;
9* _*_ _*_ _*_ _*_
(iii) as respects any other [10][servant of the [11][Government]] or a servant of any other [12]*** local authority, the State
Government.]
13[Explanation IV—For the purposes of this proviso, “wages” includes bonus, and “labourer” includes a skilled unskilled or
semi-skilled labourer.
_Explanation_ V—For the purposes of this proviso, the expression “agriculturist” means a person who cultivates land
personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner, tenant, partner or
agricultural labourer.
_Explanation_ VI—For the purposes of _Explanation_ V an agriculturist shall be deemed to cultivate land personally, if he
cultivates land—
(a) by his own labour, or
(b) by the labour of any member of his family, or
(c) by servants or labourers on wages payable in cash or in kind (not being as a share of the produce), or
both.]
13[(IA) Notwithstanding anything contained in any other law for the time being in force, an agreement by which a person
agrees to waive the benefit of any exemption under this section shall be void.]
(2) Nothing in this section shall be deemed [14]*** to exempt houses and other buildings (with the materials and the
sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in
execution of decrees for rent of any such house, building, site or land [15]***
16* - - -
**STATE AMENDMENTS**
**Kerala.—**
In clause (g) of the Proviso to sub-section (1) of section 60, after the words “stipends and gratuities allowed
by pensioners of the Government” the words “or of a local authority” shall be inserted.
[Vide Kerala Act 13 of 1957, s. 3]
1. Subs. by the A.O. 1937, for “any law passed under the Indian Councils Act 1861 and 1892”.
2. Subs. by Act 104 of 1976, s. 23, for Explanation I (w.e.f. 1-2-1977).
3. Added by Act 9 of 1937, s. 2, The amendments made by that section shall not effect in respect of any proceeding arising out of any
suit instituted before 1[st] June, 1937, see ibid., section 3.
4. Subs. by Act 104 of 1976, s. 23, “Explanation 2. —in clauses (h) and (i)” (w.e.f. 1-2- 1977).
5. Ins. by the A.O. 1937.
6. Subs. by Act 104 of 1976, s. 23, for figure “3” (w.e.f. 1-2-1977).
7. Subs. by Act 5 of 1943, s. 2, for “Public officer”.
8. Subs. by the A.O. 1950, for “a Federal Railway”.
9. Clause (ii) omitted by the A.O. 1948.
10. Subs. by Act 5 of 1943, s. 2, for “public officer”.
11. Subs. by the A.O. 1950 for “crown”.
12. The words “railway or” omitted by the A.O. 1950.
13. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977).
14. The brackets and letter “(a)”, rep. by Act 10 of 1914, s. 3 and the Second Schedule.
15. The word “or” rep. by, s. 3, ibid., and the Second Schedule.
16. Clause (b) rep. by, s. 3 ibid., and the Second Schedule.
-----
In the proviso to sub section (1) of section 60 of the Code of Civil Procedure, 1908 (Central Act 5
of 1908), after clause (g), the following clause shall be inserted, namely: —
“(gg) all moneys payable to the beneficiaries under the Family Benefit Scheme for the employees
of the Government of Kerala.”
[Vide Kerala Act 1 of 1988, s. 2.]
**Himachal Pradesh.—**
## Amendment in section 60. — (1) In Section 60 sub-section (1):
(i) at the end of clause (c), add the following:
or compensation paid for such houses and buildings (including compensation for the materials and
the sites and the land referred to above) acquired for a public purpose;
(ii) after clause (c), the following clause shall be inserted, namely: —
(cc) compensation paid for agricultural lands belonging to agriculturists and acquired for a public
purpose;
[Vide Himachal Pradesh Act 6 of 1956, sec. 2.]
**Tamil Nadu**
**Amendment of section 60, Central Act V of 1908.—In clause (g) of the proviso to sub-section (1) of**
section 60 of the Code of Civil Procedure, 1908, after the words “stipends and gratuities allowed to
pensioners of the Government”, the words “or of a authority” shall be inserted.
[Vide Tamil Nadu Act XXXIV of 1950, s. 2]
**Rajasthan**
**Amendment of section 60, Central Act V of 1908.-In clause (b) of the proviso to sub-section (1) of**
section 60 of the code of Civil Procedure, 1908 (Central Act V of 1908) in its application to the State of
Rajasthan, after the word, “agriculturist” the words “his milch cattle and those likely to calve within two
years” shall be inserted.
## [Vide Rajasthan Act 19 of 1958, s. 2]
**Amendment of section 60, Central Act V of 1908.- In the proviso to sub-section (1) of section 60 of**
the Code of Civil Procedure, 1908 (Central Act V of 1908) in the application thereof to the State of
Rajasthan,
(i) after clause (k), the following clause shall be inserted, namely:
(kk) moneys payable under Life Insurance Certificates issued in pursuance of the Rajasthan
Government Servants Insurance Rules, 1953;" and
(ii) after explanation 3 the following explanation shall be inserted, namely:
''Explanation 4.-Where any money payable to a Government servant of the State is exempt from
attachment under the provision contained in clause (kk), such money shall remain exempt from attachment
notwithstanding the fact that owing to the death of a Government servant it is payable to some other person."
[Vide Rajasthan Act 16 of 1957, s. 2]
**Uttar Pradesh**
**Addition of explanation (1-A) to sub-section (1) of section 60.— After Explanation (1) of sub-section (1) of**
section 60 of the Code of Civil Procedure, 1908, insert the following Explanation (I-A) ;
## “Explanation (I-A) — Particulars mentioned in clause (c) are exempt from sale in execution of a
decree whether passed before or after the commencement of the Code of Civil Procedure (United
Provinces Amendment) Act, 1908, for enforcement of a mortgage or charge thereon”.
[Vide Uttar Pradesh Act XXXV of 1948, s. 2]
**61. Partial exemption of agricultural produce.—The State Government [1]*** may, by general or special order**
published in the Official Gazette, declare that such portion of agricultural produce, or of any class of agricultural
produce, as may appear to the State Government to be necessary for the purpose of providing until the
next harvest for the due cultivation of the land and for the support of the judgment-debtor and his family, shall, in
the case of all agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in
execution of a decree.
1. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the First Schedule Pt 1.
-----
**62. Seizure of property in dwelling-house.—(1)** No person executing any process under this Code directing or
authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of
the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such
process has duly gained access to any dwelling-house, he may break open the door of any room in which he has
reason to believe any such property to be.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the
country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty
to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he
may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these
provisions, to prevent its clandestine removal.
**63. Property attached in execution of decrees of several Courts.—(1) Where property not in the custody of any**
Court is under attachment in execution of decrees of more Courts than one, the Court which shall receive or realize such
property and shall determine any claim thereto and any objection to the attachment thereof shall be the Court of highest
grade, or, where there is no difference in grade between such Courts, the Court under whose decree the property was first
attached.
(2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing one of such
decrees.
1[Explanation.—For the purposes of sub-section (2), “proceeding taken by a Court” does not include an order
allowing, to a decree-holder who has purchased property at a sale held in execution of a decree, set off to the extent
of the purchase price payable by him.]
**64. Private alienation of property after attachment to be void. —[2][(1)] Where an attachment has been made,**
any private transfer or delivery of the property attached or of any interest therein and any payment to the judgmentdebtor of any debt, dividend or other monies contrary to such attachment, shall be void as against all claims
enforceable under the attachment.
3[(2) Nothing in this section shall apply to any private transfer or delivery of the property attached or of any
interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the
attachment.]
_Explanation.—For the purpose of this section, claims enforceable under an attachment include claims for the rateable_
distribution of assets.
S A L E
**65. Purchaser’s title.—Where** immovable property is sold in execution of a decree and such sale has become absolute, the
property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the
sale becomes absolute.
**66. [Suit purchase being on behalf of plaintiff.]—** _Rep. by Act, 1988 (45 of 1988), s. 7 (w.e.f. 19-5-1988)._
**67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money. —[ 4][(1)] The State**
Government [5]*** may, by notification in the Official Gazette, make rules for any local area imposing conditions in respect of the sale of any class of
interests in land in execution of decrees for the payment of money, where such interest are so uncertain or undetermined as, in the opinion of the State
Government, to make it impossible to fix their value.
6[(2) When on the date on which this Code came into operation in any local area, any special rules as to sale of and in
execution of decrees were in force therein, the State Government may, by notification in the Official Gazette declare such rules to
be in force, or may [5]*** by a like notification, modify the same.
Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so
continued or modified.]
7[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State
Legislature.]
1. Explanation ins. by Act 104 of 1976, s. 24 (w.e.f. 1-2-1977).
2. Section 64 renumbered as sub-section (1) by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002).
3. Ins. by, Act 22 of 2002, s. 3, (w.e.f. 1-7-2002).
4. Section 67 renumbered as sub-section (1) by Act 1 of 1914, s. 3.
5. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the Schedule, Pt. 1.
6. Added by Act 1 of 1914, s. 3.
7. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
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DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES
AGAINST IMMOVABLE PROPERTY
**68. [Power to prescribe rules for transferring to collector execution of certain decrees.]— Rep. by the Code**
_of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 7 (w.e.f. 1-1-1957)._
**69. [Provisions of Third Schedule to apply.]—** _Rep. by s. 7 ibid,_ (w.e.f. 1-1-1957).
**70. [Rules of Procedure.]—** _Rep. by s. 7 ibid, (w.e.f. 1-1-1957)._
**71. [Jurisdiction of Civil Courts barred.]—** _Rep. by s. 7 ibid, (w.e.f. 1-1-1957)._
**72. [Collector to deemed to be acting judicially.]—** _Rep. by s. 7 ibid,_ (w.e.f. 1-1-1957).
DISTRIBUTION OF ASSETS
**73. Proceeds of execution-sale to be rateably distributed among decree-holders.—(1)** Where assets are held
by a Court and more persons than one have, before the receipt of such assets, made application to the Court for the
execution of decrees for the payment of money passed against the same judgment-debtor and have not obtained
satisfaction thereof, the assets, after deducting the costs of realization, shall be rateably distributed among all such
persons:
Provided as follows:—
(a) where any property is sold subject to a mortgage or charge, the mortgage or incumbrancer shall not be
entitled to share in any surplus arising from such sale;
(b) where any property liable to be sold in execution of a decree is subject to a mortgage or charge, the Court
may, with the consent of the mortgagee or incumbrancer, order that the property be sold free from the mortgage
or charge, giving to the mortgagee or incumbrancer the same interest in the proceeds of the sale as he had in the
property sold;
(c) where any immovable property is sold in execution of a decree ordering its sale for the discharge of an
incumbrance thereon, the proceeds of sale shall be applied—
First, in defraying the expenses of the sale;
Secondly, in discharging the amount due under the decree;
Thirdly, in discharging the interest and principal monies due on subsequent incumbrances
(if any); and
Fourthly, rateably among the holders of decrees for the payment of money against the judgment-debtor,
who have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale
for execution of such decrees, and have no obtained satisfaction thereof.
(2) Where all or any of the assets liable to be rateably distributed under this section are paid to a person
not entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets.
(3) Nothing in this section affects any right of the Government.
RESISTANCE TO EXECUTION
**74. Resistance to execution.— Where the Court is satisfied that the holder of a decree for the possession of**
immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or
obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that
such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or
purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may
extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the
property.
**PART III**
INCIDENTAL PROCEEDINGS
COMMISSIONS
**75. Power of Court to issue commissions.—Subject** to such conditions and limitations as may be prescribed,
the Court may issue a commission—
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition;
1[(e) to hold a scientific, technical, or expert investigation;
1. Ins. by Act 104 of 1976, s. 26 (w.e.f. 1-2-1977).
-----
(f) to conduct sale of property which is subject to speedy and natural decay and which is in the
custody of the Court pending the determination of the suit;
(g) to perform any ministerial act.]
**76. Commission to another Court.—(1) A commission for the examination of any person may be**
issued to any Court (not being a High Court) situate in a State other than the State in which the Court of
issue is situate and having jurisdiction in the place in which the person to be examined resides.
(2) Every Court receiving a commission for the examination of any person under sub-section (1) shall
examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly
executed, shall be returned together with the evidence taken under it to the Court from which it was
issued, unless the order for issuing the commission has otherwise directed, in which case the commission
shall be returned in terms of such order.
**77. Letter of request.—In lieu of issuing a commission the Court may issue a letter of request to**
examine a witness residing at any place not within [1][India.]
2[78. Commissions issued by foreign Courts.—Subject to such conditions and limitations as may be
prescribed the provisions as to the execution and return of commissions for the examination of witnesses
shall apply to commissions issued by or at the instance of—
(a) Courts situate in any part of India to which the provisions of this Code do not extend; or
(b) Courts established or continued by the authority of the Central Government outside India; or
(c) Courts of any State or country outside India.]
**PART IV**
SUITS IN PARTICULAR CASES
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
3[79. Suits by or against Government.—In a suit by or against the Government, the authority to be
named as plaintiff or defendant, as the case may be, shall be—
(a) in the case of a suit by or against the Central Government, [4][the Union of India], and
(b) in the case of a suit by or against a State Government, the State.]
**80. Notice.—** [5][(1)] [6][ Save as otherwise provided in sub-section (2), no suits [7][shall be instituted]
against the Government (including the Government of the State of Jammu and Kashmir)] or against a
public officer in respect of any act purporting to be done by such public officer in his official capacity,
until the expiration of two months next after notice in writing has been [8][delivered to, or left at the office
of—]
(a) in the case of a suit against the Central Government, [9][except where it relates to a railway] a
Secretary to that Government;
10[(b)] in the case of a suit against the Central Government where it relates to railway, the General
Manager of that railway;
11[(bb) in the case of a suit against the Government of the State of Jammu and Kashmir, the Chief
Secretary to that Government or any other officer authorized by that Government in this behalf;]
(c) in the case of a suit against [12][any other State Government], a Secretary to that Government or
the Collector of the district; [13]***
14* - - -
1. Subs. by Act 2 of 1951, s. 3, for “the States”.
2. Subs. by Act 2 of 1951, s. 11, for section 78 (w.e.f. 1-4-1951).
3. Subs by the A.O. 1948, for section 79.
4. Subs. by the A.O. 1950, for “the Dominion of India”.
5. S. 80 renumbered as sub-section (1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).
6. Subs. by s. 27, ibid., for “No suit shall be instituted” (w.e.f. 1-2-1977).
7. Subs. by Act 26 of 1963, s. 3, for “shall be instituted against the Government” (w.e.f. 5-6-1964). The words in italics were
subs. by the A.O. 1948, for “Instituted against the Crown”
8. Subs. by the A.O. 1937, for “in the case of the Secretary of State in Council, delivered to, or left at the office of a Secretary to
the L.G. or the Collector of the District”.
9. Ins. by Act 6 of 1948, s. 2.
10. Clause (aa) ins. by Act 6 of 1948, s. 2 and relattered as clause (b) and the Former clause (b) omitted by the A.O. 1948.
11. Ins. by Act 26 of 1963, s. 3 (w.e.f. 5-6-1964).
12. Subs. by s. 3, ibid., for “a State Government” (w.e.f. 5-6-1964).
13. The word “and” omitted by the A.O. 1948.
14. Clause (d) omitted ibid.
-----
and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the
name, description and place of residence of the plaintiff and the relief which he claims; and the plaint
shall contain a statement that such notice has been so delivered or left.
1[(2) A suit to obtain an urgent or immediate relief against the Government (including the
Government of the State of Jammu and Kashmir) or any public officer in respect of any act purporting to
be done by such public officer in his official capacity, may be instituted, with the leave of the Court,
without serving any notice as required by sub-section (1); but the Court shall not grant relief in the suit,
whether interim or otherwise, except after giving to the Government or public officer, as the case may be,
a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate
relief need be granted in the suit, return the plaint for presentation to it after complying with the
requirements of sub-section (1).
(3) No suit instituted against the Government or against a public officer in respect of any act
purporting to be done by such public officer in his official capacity shall be dismissed merely by reason
of any error or defect in the notice referred to in sub-section (1), if in such notice—
(a) the name, description and the residence of the plaintiff had been so given as to enable the
appropriate authority or the public officer to identify the person serving the notice and such notice
had been delivered or left at the office of the appropriate authority specified in sub-section (1), and
(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.]
**81. Exemption from arrest and personal appearance.—In a suit instituted against a public officer**
in respect of any act purporting to be done by him in his official capacity—
(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in
execution of a decree, and,
(b) where the Court is satisfied that the defendant cannot absent himself from his duty without
detriment to the public service, it shall exempt him from appearing in person.
**82. Execution of decree.—[2][(1) Where, in a suit by or against the Government or by or against a**
public officer in respect of any act purporting to be done by him in his official capacity, a decree is passed
against the Union of India or a State or, as the case may be, the public officer, such decree shall not be
executed except in accordance with the provisions of sub-section (2).]
(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of
three months computed from the date of [3][such decree].
4[(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they
apply in relation to a decree, if the order or award—
(a) is passed or made against [5][the Union of India] or a State or a public officer in respect of any
such act as aforesaid, whether by a Court or by any other authority; and
(b) is capable of being executed under the provisions of this Code or of any other law for the time
being in force as if it were a decree.]
1. Ins. by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).
2. Subs. by s. 28, ibid., for sub-section (1) (w.e.f. 1-2-1977).
3. Subs. by Act 104 of 1976, s. 28, for “such report” (w.e.f. 1-2-1977).
4. Ins. by Act 32 of 1949, s. 2.
5. Subs. by the A.O. 1950, for “the Dominion of India”.
-----
1[SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS]
**83. When aliens may sue.—Alien enemies residing in India with the permission of the Central**
Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were
citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country,
shall not sue in any such Court.
_Explanation. —Every person residing in a foreign country, the Government of which is at war with India_
and carrying on business in that country without a licence in that behalf granted by the Central Government,
shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.
**84. When foreign States may sue.—A** foreign State may sue in any competent Court:
Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in
any officer of such State in his public capacity.
**85. Persons specially appointed by Government to prosecute or defend on behalf of foreign**
**Rulers.—(1)** The Central Government may, at the request of the Ruler of a foreign State or at the request of
any person competent in the opinion of the Central Government to act on behalf of such Ruler, by order,
appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed
shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code
may be made or done on behalf of such Ruler.
(2) An appointment under this section may be made for the purpose of a specified suit or of several
specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or
defend on behalf of such Ruler.
(3) A person appointed under this section may authorise or appoint any other persons to make
appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.
**86. Suits against foreign Rulers, Ambassadors and Envoys.—(1)** No. [2]*** foreign State may be
sued in any Court otherwise competent to try the suit except with the consent of the Central Government
certified in writing by a Secretary to that Government:
Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid
3[a foreign State] from whom he holds or claims to hold the property.
(2) Such consent may be given with respect to a specified suit or to several specified suits or with
respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of
suits, the Court in which [4][the foreign State] may be sued, but it shall not be given, unless it appears to the
Central Government that [4][the foreign State]—
(a) has instituted a suit in the Court against the person desiring to sue [5][it], or
(b) by [6][itself] or another, trades within the local limits of the jurisdiction of the Court, or
(c) is in possession of immovable property situate within those limits and is to be sued with reference to
such property or for money charged thereon, or
(d) has expressly or impliedly waived the privilege accorded to [5][it] by this section.
[7][(3) Except with the consent of the Central Government, certified in writing by a Secretary to that
Government, no decree shall be executed against the property of any foreign State.]
(4) The preceding provisions of this section shall apply in relation to—
8[(a) any ruler of a foreign State;]
1. Subs. by Act 2 of 1951, s. 12, for the former heading and sub-sections 83 to 87 (w.e.f. 1-4-1951).
2. The words “Ruler of a” omitted by Act 104 of 1976, s. 29 (w.e.f. 1-2-1977).
3. Subs. by s. 29, ibid., for “a Ruler” (w.e.f. 1-2-1977).
4. Subs. by s. 29, ibid., for “the Ruler (w.e.f. 1-2-1977).
5. Subs. by s. 29, ibid., for “him” (w.e.f. 1-2-1977).
6. Subs. by Act 104 of 1976, s. 29, for “himself” (w.e.f. 1-2-1977).
7. Subs. by s. 29, ibid., for sub-section (3) (w.e.f. 1-2-1977).
8. Ins. by s. 29, ibid. (w.e.f. 1-2-1977).
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1[(aa)] any Ambassador or Envoy of a foreign State;
(b) any High Commissioner of a Commonwealth country; and
(c) any such member of the staff [2][of the foreign State or the staff or retinue of the Ambassador] or
Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the Central Government
may, by general or special order, specify in this behalf.
3[as they apply in relation to a foreign State].
4[(5) The following persons shall not be arrested under this Code, namely: —
(a) any Ruler of a foreign State;
(b) any Ambassador or Envoy of a foreign State;
(c) any High Commissioner of a Commonwealth country;
(d) any such member of the staff of the foreign State or the staff or retinue of the Ruler, Ambassador
or Envoy of a foreign State or of the High Commissioner of a Commonwealth country, as the Central
Government may, by general or special order, specify in this behalf.
(6) Where a request is made to the Central Government for the grant of any consent referred to in
subsection (1), the Central Government shall, before refusing to accede to the request in whole or in part, give
to the person making the request a reasonable opportunity of being heard.]
**87. Style of foreign Rulers as parties to suits.—The Ruler of a foreign State may sue, and shall be sued,**
in the name of his State:
Provided that in giving the consent referred to in section 86, the Central Government may direct that the
Ruler may be sued in the name of an agent or in any other name.
**87A. Definitions of “Foreign State” and “Rulers”.— (1) In this Part,—**
(a) “foreign State” means any State outside India which has been recognised by the Central
Government; and
(b) “Ruler”, in relation to a foreign State, means the person who is for the time being recognized by
the Central Government to be the head of that State.
(2) Every Court shall take judicial notice of the fact—
(a) that a State has or has not been recognized by the Central Government;
(b) that a person has or has not been recognized by the Central Government to be the head of a State.
SUITS AGAINST RULERS OF FORMER INDIAN STATES
**87B. Applications of sections 85 and 86 to Rulers of former Indian States.—[5][(1) In the case of any**
suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action
which arose before the commencement of the Constitution or any proceeding arising out of such suit, the
provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as they
apply in relation to the Ruler of a foreign State.]
(2) In this section—
(a) “former Indian State” means any such Indian State as the Central Government may, by
notification in the Official Gazette, specify for the purposes of this ; [6]***
1. Clause (a) re-lettered as clause (aa) by Act 104 of 1976, s. 29 (w.e.f. 1-2-1977).
2. Subs. by s. 29, ibid, for “or retinue of the Ruler, Ambassador” (w.e.f. 1-2-1977).
3. Subs. by s. 29, ibid, for “as they apply in relation to the Ruler of a foreign State” (w.e.f. 1-2-1977).
4. Ins. by s. 29, ibid. (w.e.f. 1-2-1977).
5. Subs. by Act 54 of 1972, s. 3, for sub-section (1) (w.e.f. 9-9-1972).
6. The word “and” omitted by s. 3, ibid. (w.e.f. 9-9-1972).
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1[(b) “Commencement of the Constitution” means the 26th day of January, 1950; and
(c) “Ruler”, in relation to a former Indian State, has the same meaning as in article 363 of the
Constitution. ]
INTERPLEADER
**88. Where interpleader suit may be instituted.—Where** two or more persons claim adversely to
one another the same debts, sum of money or other property, movable or immovable, from another
person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it
to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for
the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and
of obtaining indemnity for himself:
Provided that where any suit is pending in which the rights of all parties can properly be decided, no
such suit of interpleader shall be instituted.
**PART V**
SPECIAL PROCEEDINGS
ARBITRATION
2[89. Settlement of disputes outside the Court.—(1) Where it appears to the Court that there exist
elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of
settlement and give them to the parties for their observations and after receiving the observations of the
parties, the Court may reformulate the terms of a possible settlement and refer the same for:—
(a) arbitration;
(b) conciliation;
(c) judicial settlement including settlement through Lok Adalat; or
(d) mediation.
(2) Were a dispute has been referred—
(a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation
Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred
for settlement under the provisions of that Act;
(b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions
of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other
provisions of that Act shall .apply in respect of the dispute so referred to the Lok Adalat;
(c) for judicial settlement, the Court shall refer the same to a suitable institution or person and
such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal
Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat
under the provisions of that Act;
(d) for mediation, the Court shall effect a compromise between the parties and shall follow such
procedure as may be prescribed.]
SPECIAL CASE
**90. Power to state case for opinion of Court.—Where** any person agree in writing to state a case for
the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.
1. Subs. by Act 54 of 1972, s. 3, for clause (b) (w.e.f. 9-9-1972).
2. Ins. by Act 46 of 1999, s. 7 (w.e.f. 1-7-2002), Earlier rep by Act 10 of 1940, s. 49 or the Third Schedule.
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1[PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC]
**91. Public nuisances and other wrongful acts affecting the public.—[2][(1)** In the case of a public
nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction
or for such other relief as may be appropriate in the circumstances of the case, may be instituted,—
(a) by the Advocate-General, or
(b) with the leave of the Court, by two or more persons, even though no special damage has been
caused to such persons by reason of such public nuisance or other wrongful act.]
(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may
exist independently of its provisions.
392. **Public charities.—(1) In the case of any alleged breach of any express or constructive trust**
created for public purposes of a charitable or religious nature, or where the direction of the Court is
deemed necessary for the administration of any such trust, the Advocate-General, or two or more persons
having an interest in the trust and having obtained the [4][leave of the Court,] may institute a suit, whether
contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in
that behalf by the State Government within the local limits of whose jurisdiction the whole or any part of
the subject-matter of the trust is situate to obtain a decree :—
(a) removing any trustee;
(b) appointing a new trustee;
(c) vesting any property in a trustee;
5[(cc) directing a trustee who has been removed or a person who has ceased to be a trustee, to
deliver possession of any trust property in his possession to the person entitled to the possession of
such property];
(d) directing accounts and inquiries;
(e) declaring what proportion of the trust property or of the interest therein shall be allocated to
any particular object of the trust;
(f) authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged;
(g) settling a scheme; or
(h) granting such further or other relief as the nature of the case may require.
(2) Save as provided by the Religious Endowments Act, 1863 (XX of 1863), [6][or by any
corresponding law in force in [7][the territories which, immediately before the 1st November, 1956, were
comprised in Part B States]], no suit claiming any of the reliefs specified in sub-section _(1)_ shall be
instituted in respect of any such trust as is therein referred to except in conformity with the provisions of
that sub-section.
8[(3) The Court may alter the original purposes of an express or constructive trust created for public
purposes of a charitable or religious nature and allow the property or income of such trust or any portion
thereof to be applied cy pres in one or more of the following circumstances, namely:—
(a) where the original purposes of the trust, in whole or in part:—
(i) have been, as far as may be, fulfilled; or
(ii) cannot be carried out at all, or cannot be carried out according to the directions given in
the instrument creating the trust or, where there is no such instrument, according to the spirit of
the trust; or
1. Subs. by Act 104 of 1976, s. 30, for the former headings (w.e.f. 1-2-1977).
2. Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 1-2-1977).
3. S. 92 shall not apply to any religious trust in Bihar, see Bihar Act 1 of 1951.
4. Subs. by Act 104 of 1976, s. 31, for “consent in writing of the Advocate-General” (w.e.f. 1-2-1977).
5. Ins. by Act 66 of 1956, s. 9 (w.e.f. 1-1-1957).
6. Ins. by Act 2 of 1951, s. 13 (w.e.f. 1-4-1951).
7. Subs. by the A.O. (No. 2), 1956, for “a Part B State”.
8. Ins. by Act 104 of 1976, s. 31 (w.e.f. 1-2-1977).
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(b) where the original purposes of the trust provide a use for a part only of the property available by
virtue of the trust; or
(c) where the property available by virtue of the trust and other property applicable for similar
purposes can be more effectively used in conjunction with, and to that end can suitably be made
applicable to any other purpose, regard being had to the spirit of the trust and its applicability to common
purposes; or
(d) where the original purposes, in whole or in part, were laid down by reference to an area which then
was, but has since ceased to be, a unit for such purposes; or
(e) where the original purposes, in whole or in part, have, since they were laid down:—
(i) been adequately provided for by other means, or
(ii) ceased, as being useless or harmful to the community, or
(iii) ceased to be, in law, charitable, or
(iv) ceased in any other way to provide a suitable and effective method of using the property
available by virtue of the trust, regard being had to the spirit of the trust.]
**93.** **Exercise of powers of Advocate-General outside presidency-towns.—The** powers conferred by
sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous
sanction of the State Government, exercised also by the Collector or by such officer as the State
Government may appoint in this behalf.
**PART VI**
SUPPLEMENTAL PROCEEDINGS
**94. Supplemental proceedings.—In** order to prevent the ends of justice from being defeated the
Court may, if it is so prescribed, —
(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should
not give security for his appearance, and if he fails to comply with any order for security commit him to
the civil prison;
(b) direct the defendant to furnish security to produce any property belonging to him and to place
the same at the disposal of the Court or order the attachment of any property;
(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to
the civil prison and order that his property be attached and sold;
(d) appoint a receiver of any property and enforce the performance of his duties by attaching and
selling his property;
(e) make such other interlocutory orders as may appear to the Court to be just and convenient.
**95.** **Compensation** **for** **obtaining** **arrest,** **attachment** **or** **injunction** **on** **insufficient**
**grounds.—(1) Where, in any suit in which an arrest or attachment has been effected or a temporary**
injunction granted under the last preceding section,—
(a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient
grounds, or
(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable
grounds for instituting the same,
the defendant may apply to the Court, and the Court may, upon such application, award against the
plaintiff by its order such amount [1][not exceeding fifty thousand rupees], as it deems a reasonable
compensation to the defendant for the [2][expense or injury (including injury to reputation) caused to him]:
Provided that a Court shall not award, under this section an amount exceeding the limits of its pecuniar
jurisdiction.
(2) An order determining any such application shall bar any suit for compensation in respect of such
arrest, attachment or injunction.
1. Subs. by Act 46 of 1999, s. 8, for “not exceeding one thousand rupees” (w.e.f. 1-7-2002).
2. Subs. by Act 104 of 1976, s. 32, for “expense or injury caused to him” (w.e.f. 1-2-1977).
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**PART VII**
APPEALS
APPEALS FROM ORIGINAL DECREES
**96. Appeal from original decree.—(1)** Save where otherwise expressly provided in the body of this
Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any
Court exercising original jurisdiction the Court authorized to hear appeals from the decisions of such Court.
(2) An appeal may lie from an original decree passed ex parte.
(3) No appeal shall lie from a decree passed by the Court with the consent of parties.
1[(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature
cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit
does not exceed [2][ten thousand rupees.]]
**97. Appeal from final decree where no appeal from preliminary decree.—Where** any party
aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such
decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from
the final decree.
**98. Decision where appeal heard by two or more Judges.—(1)** Where an appeal is heard by a Bench
of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the
majority (if any) of such Judges.
(2) Where there is no such majority which concurs in a judgment varying or reversing the decree
appealed from, such decree shall be confirmed :
Provided that where the Bench hearing the appeal is [3][composed of two or other even number of
Judges belonging to a Court consisting of more Judges than those constituting the Bench] and the Judges
composing the Bench differ in opinion on a point of law, they may state the point of law upon which they
differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and
such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard
the appeal, including those who first heard it.
4[(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters to
patent of any High Court.]
**99. No decree** **to be reversed or modified for error or irregularity not affecting merits or**
**jurisdiction.—No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal**
on account of any misjoinder [5][or non-joinder] of parties or causes of action or any error, defect or irregularity
in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court:
6[Provided that nothing in this section shall apply to non-joinder of a necessary party.]
7[99A. No order under section 47 to be reversed or modified unless decision of the case is
**prejudicially affected.—Without** prejudice to the generality of the provisions of section 99, no order under
section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any
proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision
of the case.]
APPEALS FROM APPELLATE DECREES
8[100. Second appeal.—(1) Save as otherwise expressly provided in the body of this Code or by any
1. Ins. by Act 104 of 1976, s. 33 (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999, s. 9, for “three thousand rupees” (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 34, for certain words (w.e.f. 1-2-1977).
4. Ins. by Act 18 of 1928, s. 2 and the First Schedule.
5. Ins. by Act 104 of 1976, s. 35 (w.e.f. 1-2-1977).
6. Proviso Added by s. 35, ibid. (w.e.f. 1-2-1977).
7. Ins. by s. 36, ibid. (w.e.f. 1-2-1977).
8. Subs. by s. 37, ibid., for section 100 (w.e.f. 1-2-1977).
-----
other law for the time being in force, an appeal shall lie to the High Court from every decree passed in
appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a
substantial question of law.
(2) An appeal may lie under this section from an appellate decree passed ex parte.
(3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial
question of law involved in the appeal.
(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall
formulate that question.
(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of
the appeal, be allowed to argue that the case does not involve such question:
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the
Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not
formulated by it, if it is satisfied that the case involves such question.]
**STATE AMENDMENT**
**Kerala.**
In sub-section (1) of section 100 of the Principal Act, after clause (c), the following clause shall be
added, namely:
(d) the finding of the lower appellate court on any question of fact material to the right decision of the
case on the merits being in conflict with the finding of the Court of first instance on such question.
[Vide Kerala Act 13 of 1957 sec. 4.]
1[100A. No further appeal in certain cases.—Notwithstanding anything contained in any Letters Patent
for any High Court or in any instrument having the force of law or in any other law for the time being in force,
where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a
High Court, no further appeal shall lie from the judgment and decree of such Single Judge.]
**101. Second appeal on no other grounds.—No second appeal shall lie except on the ground**
mentioned in section 100.
2[102. No second appeal in certain cases.—No second appeal shall lie from any decree, when the
subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.]
3[103. Power of High Court to determine issue of fact.—In any second appeal, the High Court
may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the
appeal,—
(a) which has not been determined by the lower Appellate Court or both by the Court of first
instance and the lower Appellate Court, or
(b) which has been wrongly determined by such Court or Courts by reason of a decision on such
question of law as is referred to in section 100.]
APPEALS FROM ORDERS
**104. Orders from which appeal lies.—(1) An appeal shall lie from the following orders, and save as**
otherwise expressly provided in the body of this Code or by any law for the time being in force, from no
other orders:—
4* - - -
5[(ff) an order under section 35A;]
1. Subs. by Act 22 of 2002, s. 4, for section 100 A (w.e.f 1-7-2002).
2. Subs. by s. 5, ibid., for section 102 (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 40, for section 103 (w.e.f. 1-2-1977).
4. Clauses (a) to (f) omitted by Act 10 of 1940, s. 49 and the Third Schedule.
5. Ins. by Act 9 of 1922, s. 3, see also foot-note to section 35A, Supra.
-----
1[(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature
referred to in section 91 or section 92, as the case may be;]
(g) an order under section 95;
(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or
detention in the civil prison of any person except where such arrest or detention is in execution of a
decree;
(i) any order made under rules from which an appeal is expressly allowed by rules:
5[Provided that no appeal shall lie against any order specified in clause (ff) save on the ground
that no order, or an order for the payment of a less amount, ought to have been made.]
(2) No appeal shall lie from any order passed in appeal under this section.
**105. Other orders.—(1) Save as otherwise expressly provided, no appeal shall lie from any order**
made by a Court in the exercise of its original or appellate jurisdiction; but where a decree is appealed
from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a
ground of objection in the memorandum of appeal.
(2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of
remand [2]*** from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from
disputing its correctness.
**106. What Courts to hear appeals.—Where an appeal from any order is allowed it shall lie to the Court**
to which an appeal would lie from the decree in the suit in which such order was made, or where such order is
made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.
GENERAL PROVISIONS RELATING TO APPEALS
**107. Powers of Appellate Court.—(1) Subject to such conditions and limitations as may be**
prescribed, an Appellate Court shall have power—
(a) to determine a case finally;
(b) to remand a case;
(c) to frame issues and refer them for trial;
(d) to take additional evidence or to require such evidence to be taken.
(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly
as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in
respect of suits instituted therein.
**108. Procedure in appeals from appellate decrees and orders.—The provisions of this Part**
relating to appeals from original decrees shall, so far as may be, apply to appeals—
(a) from appellate decrees, and
(b) from orders made under this Code or under any special or local law in which a different
procedure is not provided.
APPEALS TO THE SUPREME COURT
3[109. When appeals lie to the Supreme Court.—Subject to the provisions in Chapter IV of Part V of
the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals
1. Ins. by Act 104 of 1976, s. 41 (w.e.f. 1-2-1977).
2. Words “made after the commencement of this Code” omitted by, s. 42, ibid., (w.e.f. 1-2-1977).
3. Subs. by Act 49 of 1973, s. 2, for section 109 (w.e.f. 29-11-1973).
-----
from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court
from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies—
(i) that the case involves a substantial question of law of general importance; and
(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme
Court.]
**110. [Value of subject matters.] omitted by the Code of Civil Procedure (Amendment) Act, 1973 (49 of**
1973), s. 3 (w.e.f. 29-11-1973).
**111.** [Bar of certain appeals.] omitted by the A.O. 1950.
1[111A. [Appeals to Federal Court] Rep. by the Federal Court Act, 1941 (21 of 1941), s. 2 (w.e.f. 1-9
1942).
**112. Savings.—[2][(1) Nothing contained in this Code shall be deemed—**
(a) to affect the powers of the Supreme Court under article 136 or any other provision of the
Constitution; or
(b) to interfere with any rules made by the Supreme Court, and for the time being in force for the
presentation of appeals to that Court, or their conduct before that Court.]
(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty
jurisdiction or to appeals from orders and decrees of Prize Courts.
**PART VIII**
REFERENCE, REVIEW AND REVISION
**113. Reference to High Court.—Subject to such conditions and limitations as may be prescribed,**
any Court may state a case and refer the same for the opinion of the High Court, and the High Court may
make such order thereon as it thinks fit:
3[Provided that where the Court is satisfied that a case pending before it involves a question as to the
validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or
Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that
such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the
High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case
setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.
_Explanation.—In this section, “Regulation” means any Regulation of the Bengal, Bombay or Madras_
Code or Regulation as defined in the General Clauses Act,1897, (10 of 1897) or in the General Clauses
Act of a State.]
**114. Review.—Subject as aforesaid, any person considering himself aggrieved—**
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal
has been preferred.
(b) by a decree or order from which no appeal is allowed by this Code, or
(c) by a decision on a reference from a Court of Small Causes,
may apply for a review of judgment to the Court which passed the decree or made the order, and the
Court may make such order thereon as it thinks fit.
**115. Revision.—[4][(1)] The High Court may call for the record of any case which has been decided by**
any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate
Court appears—
1. Ins. by the A.O. 1937.
2. Subs. by the A.O. 1950, for the former sub-section (1).
3. Added by Act 24 of 1951, s. 2 (w.e.f. 1-4-1951).
4. Section 115 re-numbered as sub-section (1) by Act 104 of 1976, s. 43 (w.e.f. 1-2-1977).
-----
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,
the High Court may make such order in the case as it thinks fit:
1[Provided that the High Court shall not, under this section, vary or reverse any order made, or any order
deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in
favour of the party applying for revision would have finally disposed of the suit or other proceedings.]
2[(2) The High Court shall not, under this section, vary or reverse any decree or order against which
an appeal lies either to the High Court or to any Court subordinate thereto.
3[(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where
such suit or other proceeding is stayed by the High Court.]
_Explanation.—In this section, the expression “any case which has been decided” includes any order_
made, or any order deciding an issue in the course of a suit or other proceeding.]
**STATE AMENDMENTS**
**Orrisa**
**Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908) for section 115, the**
following section shall be substituted, namely:—
**115. Revision.—The High Court, in cases arising out of original suits or other proceedings of the**
value exceeding one lakh rupees, and the District Court, in any other case including a case arising out of
an original suit or other proceedings instituted before the commencement of the Code of Civil Procedure
( Orissa Amendment) Act, 1991, may call for the record of any case which has been decided by any
Court subordinate to the High Court or the District Court, as the case may be, and in which no appeal
lies thereto, and if such subordinate Court appears—
(a) to have failed to exercised a jurisdiction not vested in it by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity;
the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit:
Provided that in respect of cases arising out of original suits, or other proceedings of any valuation
decided by the District Court, the High Court alone shall be competent to make an order under this
section:
Provided further that the High Court or the District Court shall not, under this section, vary or reverse
any order, including an order deciding an issue, made in the course of a suit or other proceedings, except
where—
(i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or
(ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury
to the party against whom it was made.
1. Subs. by Act 46 of 1999, s.12, for “proviso” (w.e.f. 1-7-2002).
2. Ins. by Act 104 of 1976, s. 43 (w.e.f 1-2-1977).
3. Ins. by Act 46 of 1999, s.12 (w.e.f. 1-7-2002).
-----
Explanation—In this section, the expression “ any case which has been decided” includes any
order deciding an issue in the course of a suit or other proceeding.”.
**3. Saving.—The amendment made by this Act shall not affect the validity, invalidity, effect or**
consequence of anything already done or suffered, or any jurisdiction already exercised, and any
proceeding instituted or commenced in the High Court under section 115 of the Code of Civil Procedure,
1908 (5 of 1908) prior to the commencement of this Act shall, notwithstanding such amendment, continue
to be heard and decided by such Court.
[Vide the Orissa Act 26 of 1991, s. 2]
**Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908), for section 115, the**
following section shall be substituted, namely:—
**115. Revision.—(1) The High Court, in cases arising out of original suits or other proceedings of the**
value exceeding five lakhs rupees and the District Court, in any other cases, including a case arising out
of an original suit or other proceedings instituted before the commencement of the Code of Civil
Procedure ( Orissa Amendment) Act, 2010, may call for the record of any case which has been decided
by any Court subordinate to the High Court or the District Court, as the case may be, and in which no
appeal lies thereto, and if such subordinate Court appears—
(a) to have exercised a jurisdiction not vested in it by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,
the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit:
Provided that in respect of cases arising out of original suits or other proceedings of any valuation
decided by the District Court, the High Court alone shall be competent to make an order under this
section.
(2) The High Court or the District Court, as the case may be, shall not under this section, vary or
reverse any order, including an order deciding an issue, made in the course of a suit or other proceedings,
except where the order, if it had been made in favor of the party applying for revision, would have finally
disposed of the suit or other proceedings.
(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where
such suit or other proceeding is stayed by the High Court or District Court, as the case may be.
_Explanation—In this section, the expression, “any case which has been decided” includes any order_
deciding an issue in the course of a suit or other proceeding.”.
[Vide the Orissa Act 14 of 2010, s. 2]
**Uttar Pradesh**
**Amendment of section 115 of Act V of 1908.—In section 115 of the said Code—**
(i) for the words “High Court”, wherever occurring, the words “High Court or District Court” shall be
substituted; and
(ii) the following proviso thereto shall be inserted at the end, namely:-
“Provide that nothing in this section shall be construed to empower the District Court to call for
the record of any case arising out of an original suit of the value of twenty thousand rupees or above,”.
[Vide Uttar Pradesh Act 14 of 1970, s. 3]
**Uttar Pradesh**
**Substitution of new section for section 115 of 5 of 1908.— For section 115 of the Code of Civil**
-----
## Procedure, 1908, as amended in its application to Uttar Pradesh (hereinafter in this Chapter referred to as the said Code), the following section shall be substituted namely :—
“115. Revision.—The High Court in cases arising out of original suits of the
value of rupees twenty thousand and above including such suits instituted before the 20th day of September, 1972, and the District Court in any other case, including a case arising out of an original suit instituted before the 20th day of September, 1972, may call for the record of any case which has been decided by any court subordinate to such High Court or District Court, as the case may be, and in which no appeal lies thereto, and if such subordinate court appears;
(a) to have to jgh exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material
## irregularity,
the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit;
Provided that in respect of cases decided before the 20[th] day of September, 1972, and also all cases arising
out of original suits of any valuation decided by the District Court, the High Court alone shall be competent to
make a order under this section.”
[Vide Uttar Pradesh Act 19 of 1973, s. 2]
## Amendment of section 115 of Act V of 1908.— In section 115 of the Code of Civil Procedure, 1908 as amended in its application to Uttar Pradesh, hereinafter referred to as the said Code :—
(i) for the words “the High Court or District Court”, where they first occur, the
words “the High Court in cases arising out of original suits of the values of twenty thousand rupees and above, and the District Court in any other case” shall be substituted and after the words “High Court or District Court” where they occur the
second time, the commas and words, “as the case may be”, shall be inserted;
(ii) the proviso shall be omitted.
[Vide Uttar Pradesh Act 37 of 1972, s. 6]
**Uttar Pradesh**
## Substitution of section 115.— For section 115 of the said Code, the following section shall be substituted, namely :—
**“115. Revision.-- The High Court, in cases arising out of original suits or other proceedings**
of the value of twenty thousand rupees and above, including such suits or other proceedings
instituted before August 1, 1978, and the District Court in any other case, including a case
arising out of an original suit or other proceedings instituted before such date, may call for
the record of any case which has been decided by any court subordinate to such High Court
or District Court as the case may be, and in which no appeal lies thereto, and if such
subordinate court appears —
(a) to have exercised a jurisdiction not vested in it by law ; or
(b) to have failed to exercise a jurisdiction so vested ; or
(c) to have acted in the exercise of its jurisdiction illegally or with material
irregularity ;
the High Court or the District Court, as the case may be, may make
-----
such order in the case as it thinks fit ;
Provided that in respect of cases arising out of original suits or other
proceedings of any valuation, decided by the District Court, the High Court
alone shall be competent to make an order under this section ;
Provided further that the High Court or the District Court shall no
under his section, vary or reverse any order including an order deciding an
issue, made in the course of a suit or other proceeding, except where, —
(1) the order, if so varied or reversed, would finally dispose of the suit or
other proceeding ; or
(ii) the order, if allowed to stand, would occasion a failure of justice or
cause irreparable injury to the party against whom it was made.
Explanation — In this section, the expression ‘any case which has been decided’
includes any order deciding an issue in the course of a suit of other Proceeding.”
[Vide Uttar Pradesh Act 31 of 1978, s. 3]
## Uttar Pradesh
**Amendment of section 115 of Act no. 5 of 1908.—In section 115 of the Code of**
## Civil Procedure, 1908, hereinafter int his Chapter referred to as the said Code,-
(a) _for the words “of the value of the twenty thousand rupees and above including_
## such suits or other proceedings instituted before August 1, 1978” the following words shall be substituted, namely —
“of the value exceeding one lakh rupees or such higher amount not exceeding
five lakh rupees as the High Court may from time to time fix, by notification published in the official Gazette including such suits or other proceedings instituted before the date of commencement of the Uttar Pradesh Civil Laws (Amendment) Act, 1991, or as the case may be, the date of commencement of such notification.” ;
(b) _after_ the second proviso, the following proviso shall be _inserted,_
## namely ;
“Provided also that where a proceeding of the nature in which the District
Court may call for the record and pass orders under this section was pending immediately before the relevant date of commencement referred to above, in the High
Court, such court shall proceed to dispose of the same.”
[Vide Uttar Pradesh Act 17 of 1991, s. 7]
**Substitution of section** **115 of** **Act no. 5 of 1908.—** For section 115 of the Code of Civil
Procedure, 1908, hereinafter referred to as the principal Act, the following section shall be
substituted and be deemed to have been substituted with effect from July 1, 2002, namely :—
**“115. Revision (1) A superior court may revise an order passed in a case decided in an original suit**
or other proceeding by a subordinate court where no appeal lies against the order
and where the subordinate court has —
_(a)_ exercised a jurisdiction not vested in it by law ; or
_(b)_ failed to exercise a jurisdiction so vested ; or
_(c)_ acted in exercise of its jurisdiction illegally or with material irregularity.
(2) A revision application under sub-section (1), when filed in the High Court,
shall contain a certificate on the first page of such application, below the title of the case,
to the effect that no revision in the case lies to the district court but lies only to the High
-----
Court either because of valuation or because the order sought to be revised was passed by
the district court.
(3) The superior court shall not, under this section, very or reverse any order made
except where, —
_(i)_ the order, if it had been made in favour of the party applying for revision,
would have finally disposed of the suit or other proceeding
; or
_(ii)_ the order, if allowed to stand, would occasion a failure of justice or cause
irreparable injury to the party against whom it is made.
(4) A revision shall not operate as a stay of suit or other proceeding before the
court except where such suit or other proceeding is stayed by the superior court.
_Explanation — I_ In this section,—
_(i)_ the expression ‘superior court’ means —
_(a)_ the district court, where the valuation of a case decided by a court subordinate
to it does not exceed five lakh rupees ;
_(b)_ the High Court, where the order sought to be revised was passed in a case
decided by the district court or where the value of the original suit or other proceedings
in a case decided by a court subordinate to the district court exceed five lakh rupees ;
_(ii)_ the expression ‘order’ includes an order deciding an issue in any original
suit or other proceedings.
_Explanation —II._ The provisions of this section shall also be applicable to orders
passed, before or after the commencement of this section, in original suits or other
proceedings instituted before such commencement.”
[Vide Uttar Pradesh Act 14 of 2003, s. 2]
**PART IX**
SPECIAL PROVISIONS RELATING TO THE [1][HIGH COURTS [2][NOT BEING THE COURT OF A
JUDICIAL COMMISSIONER ]
**116. Part to apply only to certain High Courts.—This Part applies only to High Courts [7][not being**
the court of a Judicial Commissioner].
**117. Application of Code to High Courts.—Save as provided in this Part or in Part X or in rules, the**
provisions of this Court shall apply to such High Courts.
**118. Execution of decree before ascertainment of costs.—Where any such High Court considers it**
necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before
the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the
decree shall be executed forthwith, except as to so much thereof as relates to the costs;
and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the
amount of the costs shall be ascertained by taxation.
**119.Unauthorized persons not to address Court.—Nothing in this Code shall be deemed to authorize**
any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to
examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter
authorized him so to do, or to interfere with the power of the High Court to make rules concerning
advocates, vakils and attorneys.
1. Subs. by Act 2 of 1951, s. 14, for “CHARTERED HIGH COURTS”.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “For Part A States and Part B States”.
-----
**120. Provisions not applicable to High Court in original civil jurisdiction.—(1) The following**
provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely,
sections 16, 17 and 20.
1* - - -
**PART X**
RULES
**121. Effect of rules in First Schedule.—The rules in a First Schedule shall have effect as if enacted**
in the body of this Code until annulled or altered in accordance with the provisions of this Part.
**122.** **Power of certain High Courts to make rules.—[2][High Courts** [3][not being the Court of a
Judicial Commissioner]] [4]*** may, from time to time after previous publication, make rules regulating
their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by
such rules annul, alter or add to all or any of the rules in the First Schedule.
**123.** **Constitution of Rules Committees in certain States.—(1) A Committee, to be called the Rule**
Committee, shall be constituted at [5][the town which is the usual place of sitting of each of the High Courts
6*** referred to in section 122].
_(2) Each such Committee shall consist of the following persons, namely:—_
(a) three Judges of the High Court established at the town at which such Committee is constituted,
one of whom at least has served as a District Judge or [7]*** a Divisional Judge for three years,
8[(b) two legal practitioners enrolled in that Court,]
9[(c) a Judge of a Civil Court subordinate to the High Court, 10***
11* - - -
(3) The members of each Committee shall be appointed by the [12][High Court], which shall also
nominate one of their number to be President:
13* - - -
(4) Each member of any such Committee shall hold office for such period as may be prescribed by
the [8][High Court] in this behalf; and whenever any member retires, resigns, dies or ceases reside in the
State in which the Committee was constituted, or becomes incapable of acting as a member of the
Committee, the said [8][High Court] may appoint another person to be a member in his stead.
(5) There shall be a secretary to each such Committee, who shall be appointed by the [8][High Court]
and shall receive such remuneration as may be provided in this behalf [14][by the State Government].
**STATE AMENDMENTS**
**Assam.—**
For clause (a) of sub-section (2) of section 123 the following shall be substituted—
1. Sub-section (2) rep. by Act 3 of 1909, s. 127 and the Third Sch.
2. Subs. by the A.O. 1950, for “Courts which are High Courts for the purposes of the Government of India Act, 1935”.
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for Part A States and Part B States”. The words in italics were ins. by Act
2 of 1951, s. 15 (w.e.f. 1-4-1951).
4. The words “and the Chief Court of Lower Burma” rep. by Act 11 of 1923, s. 3 and the Second Sch edule.
5. Subs. by Act 13 of 1916, s. 2 and the Schedule, for “each of the towns of Calcutta, Madras, Bombay, Allahabad,
Lahore and Rangoon”.
6. The words “and of the Chief Court” omitted by the Act 11 of 1923, s. 3 and the Second Schedule. These words were again ins. by Act
32 of 1925, and subsequently omitted by the A.O. 1948.
7. The brackets and words “(in Burma)” rep. by Act 11 of 1923, s. 3 and the Second Schedule.
8. Subs. by Act 2 of 1951, s. 16, for clauses (b) and (c).
9. Clauses (d) and (e) re-lettered as clauses (c) and (d) respectively by s. 16, ibid. (w.e.f. 1-4-1961).
10. The word “and[” ]omitted by Act 38 of 1978, s. 3 and the Second Schedule (w.e.f. 26-11-1978).
11. Clause (d) omitted by s. 3, ibid. and the Second Schedule.
12. Subs. by Act 104 of 1976, s. 44, for “Chief Justice or Chief Judge” (w.e.f. 1-2-1977).
13. Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977).
14. Subs. by the A.O. 1937, for “by the G.G. in C. or by the L.G., as the case may be”.
-----
“(a) three Judges of the High Court established at the town at which such Committee is constituted,
provided that the Chief Justice may appoint only two Judges of the High Court on the Committee if the
number of Judges of the High Court does not exceed three.”
[Vide Assam Act 8 of 1953, sec. 2.]
**Tamil Nadu**
**Amendment of section 123, Central Act V of 1908.—In section (2) of section 123 of the Code of**
Civil Procedure, 1908 ( Central Act V of 1908),
(a) in clause (b), for the words “two legal practitioners”, the words “three legal practitioners”
shall be substituted.
(b) in clause (d), the word “Madras” shall be omitted.
[Vide Tamil Nadu Act 15 of 1970, s. 2]
**124. Committee to report to High Court.—Every Rule Committee shall make a report to the High**
Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules
in the First Schedule or to make new rules, and before making any rules under section 122 the High Court
shall take such report into consideration.
**125.** **Power of other** **High Courts to make rules.—High Courts, other than the Courts**
## specified in section 122, may exercise the powers conferred by that section in such manner and subject to such conditions [1][as [2][the State Government] may determine:]
Provided that any such High Court may, after previous publication, make a rule extending within the
local limits of its jurisdiction any rules which have been made by any other High Court.
3[126. Rules to be subject to approval.—Rules made under the foregoing provisions shall be subject to
the previous approval of the Government of the State in which the Court whose procedure the rules regulate
is situate or, if that Court is not situate in any State, to the previous approval of [4][Central Government.]]
**127. Publication of rules.—Rules** so made and [5][approved] shall be published in the [6][Official Gazette], and
shall from the date of publication or from such other date as may be specified have the same force and effect, within
the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First
Schedule.
**128. Matters for which rules may provide.—(1) Such rules shall be not inconsistent with the provisions in the**
body of this code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts.
(2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1),
such rules may provide for all or any of the following matters, namely:—
(a) the service of summonses, notices and other processes by post or in any other manner either
generally or in any specified areas, and the proof of such service;
(b) the maintenance and custody, while under attachment, of live-stock and other movable
property, the fees payable for such maintenance and custody, the sale of such live-stock and property,
and the proceeds of such sale;
(c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of
jurisdiction;
(d) procedure in garnishee and charging orders either in addition to, or in substitution for, the
attachment and sale of debts;
(e) procedure where the defendant claims to be entitled to contribution or indemnity over against
any person whether a party to the suit or not;
(f) summary procedure—
(i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable
by the defendant, with or without interest, arising—
1. Subs. by Act 38 of 1920, s. 2 and the First Schedule, Pt. I, for “as the G.G. in C. may determine”.
2. Subs. by the A.O.1937, for “in the case of the Court of the Judicial Commissioner of Coorg, the G.G. in C., and, in other cases
the L.G.”.
3. Subs. by the A.O.1937, for section 126.
4. Subs. by the A.O. 1950, for “Governor General”.
5. Subs. by Act 24 of 1917, s. 2 and the First Schedule, for “sanctioned”.
6. Subs. by the A.O. 1937, for “Gazette of India or in the local Official Gazette, as the case may be”. Strictly the substitution
would read “Official Gazette or in the Official Gazette, as the case may be, but the latter words have been omitted as being
redundant”.
-----
on a contract express or implied; or on an enactment where the sum sought to be recovered is a
fixed sum of money or in the nature of a debt other than a penalty; or
on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand
only; or on a trust; or
(ii) in suits for the recovery of immovable property, with or without a claim for rent or _mesne profits,_
by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has
become liable to forefeiture for non-payment of rent, or against persons claiming under such tenant;
(g) procedure by way of originating summons;
(h) consolidation of suits, appeals and other proceedings;
(i) delegation to any Registrar, Prothonotary or Master or other official of the Court of any
judicial, quasi-judicial and non judicial duties; and
(j) all forms, registers, books, entries and accounts which may be necessary or desirable for the
transaction of the business of Civil Courts.
**129. Power of High Courts to make rules as to their original Civil procedure.—Notwithstanding**
anything in this Code, any High Court [1][not being the Court of a Judicial Commissioner] may make such
rules not inconsistent with the Letters Patent [2][or order] [3][or other law] establishing it to regulate its own
procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained
shall affect the validity of any such rules in force at the commencement of this Code.
**4[130. Powers of other High Courts to make rules as to matters other than procedure.—A High**
Court [5][not being a High Court to which section 129 applies] may, with the previous approval of the State
Government, make with respect to any matter other than procedure any rule which a High Court [6][for a
7*** State] might under 8[article 227 of the Constitution] make with respect to any such matter for any
part of the territories under its jurisdiction which is not included within the limits of a presidency town.]
**131. Publication of rules.—Rules made in accordance with section 129 or section 130 shall be**
published in the [9][Official Gazette] and shall from the date of publication or from such other date as may
be specified have the force of law.
**PART XI**
MISCELLANEOUS
**132. Exemption of certain women from personal appearance.—(1) Women who, according to the**
customs and manners of the country, ought not to be compelled to appear in public shall be exempt from
personal appearance in Court.
(2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil
process in any case in which the arrest of women is not prohibited by this Code.
**133. Exemption of other persons.—[10][(1) The following persons shall be entitled to exemption from**
personal appearance in Court, namely:—
(i) the President of India;
(ii) the Vice-President of India;
(iii) the Speaker of the House of the People;
1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for a Part A State or a Part B State”.
2. Ins. by the A.O. 1950.
3. Ins. by Act 2 of 1951, s. 17 (w.e.f. 1-4-1951).
4. Subs. by the A.O. 1937, for section 130.
5. Subs. by the A.O. 1950, for “not constituted by His Majesty by Letters Patent”.
6. Subs., ibid., for “so constituted”.
7. The word and letter “Part A” omitted by the Adaptation of Laws (No. 2) Order, 1956.
8. Subs. by the A.O. 1950, for “section 224 of the Government of India Act, 1935”.
9. Subs. by the A.O.1937, for “Gazette of India or in the Local Official Gazette, as the case may be”. Strictly the substitution
would read “Official Gazette or in the Official Gazette, as the case may be,” but the latter words have been omitted as being
redundant.
10. Subs. by Act 66 of 1956, s. 12, for sub-section (1) (w.e.f. 1-1-1957).
-----
(iv) the Ministers of the Union;
(v) the Judges of the Supreme Court;
(vi) the Governors of States and the administrators of Union territories;
(vii) the Speakers of the State Legislative Assemblies;
(viii) the Chairman of the State Legislative Councils;
(ix) the Ministers of States;
(x) the Judges of the High Courts; and
(xi) the persons to whom section 87B applies.]
1* - - -
(3) Where any person [2]*** claims the privilege of such exemption, and it is consequently necessary to
examine him by commission, he shall pay the costs of that commission, unless the party requiring his
evidence pays such costs.
**134. Arrest other than in execution of decree.—The** provisions of sections 55, 57 and 59 shall
apply, so far as may be, to all persons arrested under this Code.
**135.** **Exemption from arrest under civil process.—(1)** No Judge, Magistrate or other judicial officer
shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court.
(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good
faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and
recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest
under civil process other than process issued by such tribunal for contempt of Court while going to or
attending such tribunal for the purpose of such matter, and while returning from such tribunal.
(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under
an order for immediate execution or where such judgment-debtor attends to show cause why he should
not be committed to prison in execution of a decree.
3[135A. **Exemption of members of legislative bodies from arrest and detention under civil**
**process.—[4][(1) No person shall be liable to arrest or detention in prison under civil process—**
(a) if he is a member of—
(i) either House of Parliament, or
(ii) the Legislative Assembly or Legislative Council of a State, or
(iii) a Legislative Assembly of a Union territory,
during the continuance of any meeting of such House of Parliament or, as the case may be, of the
Legislative Assembly or the Legislative Council;
(b) if he is a member of any committee of—
(i) either House of Parliament, or
(ii) the Legislative Assembly of a State or Union territory, or
(iii) the Legislative Council of a State, during the continuance of any meeting of such
committee;
(c) if he is a member of—
(i) either House of Parliament, or
1. Sub-section (2) omitted by Act 66 of 1956, s. 12 (w.e.f. 1-1-1957).
2. The words “so exempted” omitted by s. 12, ibid.
3. Ins. by Act 23 of 1925, s. 3.
4. Subs. by Act 104 of 1976, s. 45, for sub-section (1) (w.e.f. 1-2-1977).
-----
(ii) a Legislative Assembly or Legislative Council of a State having both such Houses,
during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of
Parliament or, Houses of the State Legislature, as the case may be, and during the forty days before and
after such meeting, sitting or conference.]
(2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said
sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had
not been released under the provisions of sub-section (1).]
**136. Procedure where person to be arrested or property to be attached is outside district.—(1)**
Where an application is made that any person shall be arrested or that any property shall be attached
under any provision of this Code not relating to the execution of decrees, and such person resides or such
property is situate outside the local limits of the jurisdiction of the Court to which the application is made,
the Court may, in its discretion, issue, a warrant of arrest of make an order of attachment, and send to the
District Court within the local limits of whose jurisdiction such person or property resides or is situate a
copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment.
(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be
made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or
made such warrant or order of the arrest or attachment.
(3) The Court making an arrest under this section shall send the person arrested to the Court by which
the warrant of arrest was issued, unless he shows cause to the satisfaction of the former Court why he
should not be sent to the later Court, or unless he furnishes sufficient security for his appearance before
the later Court or for satisfying any decree that may be passed against him by that Court, in either of
which cases the Court making the arrest shall release him.
(4) Where a person to be arrested or movable property to be attached under this section is within the
local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in
Bengal or at Madras or at Bombay, [1]*** the copy of the warrant of arrest or of the order of attachment,
and the probable amount of the costs of the arrest or attachment, shall be sent to the Court of SmallCauses of Calcutta, Madras [2][or Bombay], as the case may be, and that Court, on receipt of the copy and
amount, shall proceed as if it were the District Court.
**137. Language of subordinate Courts.—(1) The language which, on the commencement of this**
Code, is the language of any Court subordinate to a High Court shall continue to be the language of such
subordinate Court until the State Government otherwise directs.
(2) The State Government may declare what shall be the language of any such Court and in what
character applications to and proceedings in such Courts shall be written.
(3) Where this Court requires or allows anything other that the recording of evidence to be done in
writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted
with English a translation into the language of the Court shall, at his request, be supplied to him; and the
Court shall make such order as it thinks fit in respect of the payment of the costs of such translation.
**STATE AMENDMENT**
**Rajasthan**
**Amendment of section 137, Central Act V of 1908.-In section 137 of the Code of Civil Procedure, 1908 (Central**
Act V of 1908), in its application to the State of Rajasthan, for sub-section (3), the following sub-section shall be
substituted, namely:
"(3) Wherever this Code requires or allows anything other than the recording of evidence to be
done in writing in any such court, such writing shall be in Hindi in Devnagri Script with the international form of Indian numerals :
Provided that the court may in its discretion accept such writing in English on the undertaking of
the party filing such writing, to file a Hindi translation of the same, within such time as may be
granted by the court and the opposite party shall have a right to have a copy of such writing in Hindi."
[Vide Rajasthan Act 7 of 1983, s. 2]
3[138. Power of High Court to require evidence to be recorded in English.—(1) The 4[High
Court] may, by notification in the Official Gazette, direct with respect to any Judge specified in the
1. The words or “of the Chief Court of Lower Burma”, omitted by the A.O. 1937.
2. Subs. by the A.O. 1937, for “Bombay or Rangoon”.
3. For s. 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941),
s. 2.
4. Subs. by Act 4 of 1914, s. 2 and the Schedule, Pt. I, for “L.G.”.
-----
notification, or falling under a description set forth therein, that evidence in cases in which an appeal is
allowed shall be taken down by him in the English language and in manner prescribed.
(2) Where a Judge is prevented by any sufficient reason from complying with a direction under
sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his
dictation in open Court.
**139. Oath on affidavit by whom to be administered.— In the case of any affidavit under this Code—**
(a) any Court or Magistrate, or
1[(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or]
(b) any officer or other person whom a High Court may appoint in this behalf, or
(c) any officer appointed by any other Court which the State Government has generally or
specially empowered in this behalf,
may administer the oath to the deponent.
**STATE AMENDMENT**
**Uttar Pradesh**
## Amendment of section 139 of Act no. 5 of 1908.— In section 139 of the Code of Civil Procedure, 1908, for clauses (b) and (c), the following shall be substituted and be deemed always to have been substituted, namely :—
“(b) any person appointed in this behalf by a High Court or by a District Court ; or
(c) any person appointed in this behalf by such other Court as the State Government may, by
general or special order, empower in this behalf” ;
[Vide Uttar Pradesh Act 11 of 1981, s. 2]
**140. Assessors in causes of salvage, etc.—(1) In any admiralty or vice-admiralty cause of salvage to**
wage or collision the Court, whether it be exercising its original or its appellate jurisdiction, may, if it
thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as
it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist
accordingly.
(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties
as the Court may direct or as may be prescribed.
**141. Miscellaneous proceedings.—The** procedure provided in this Code in regard to suits shall be
followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
2[Explanation.— In this section, the expression “proceedings” includes proceedings under
Order IX, but does not include any proceedings under article 226 of the Constitution.]
**142. Orders and notices to be in writing.—All orders and notices served on or given to any**
person under the provisions of this Code shall be in writing.
**143. Postage.—Postage, where chargeable on a notice, summons or letter issued under this Code**
and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed
before the communication is made:
Provided that the State Government [3]*** may remit such postage, or fee, or both, or may prescribe
a scale of court-fees to be levied in lieu thereof.
**144. Application for restitution.—(1)** Where and in so far as a decree [4][or an order] is [5][varied or
reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the
purpose, the Court which passed the decree or order] shall, on the application of any party entitled to any
benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place
the parties in the position which they would have occupied but for such decree [4][or order] or [6][such part
thereof as has been varied, reversed, set aside or modified]; and for this purpose, the Court may make any
orders, including orders for the refund of costs and for the payment of interest, damages, compensation and
_mesne profits, which are properly [7][consequential on such variation, reversal, setting aside or modification_
of the decree or order].
1. Ins. by Act 104 of 1976, s. 46 (w.e.f. 1-2-1977).
2. Ins. by s. 47, ibid. (w.e.f 1-2-1977).
3. The words “with the previous sanction of the G.G, in C.” omitted by Act 38 of 1920, s. 2 and the First Schedule I, Pt. I
4. Ins. by Act 66 of 1956, s. 13 (w.e.f. 1-1-1957).
5. Subs. by Act 104 of 1976. s. 48, for “varied or reversed, the Court of first instance” (w.e.f. 1-2-1977).
6. Subs. by s. 48, ibid., for “such part thereof as has been varied or reversed” (w.e.f. 1-2-1977).
7. Subs. by s. 48, ibid., for “consequential on such variation or reversal” (w.e.f. 1-2-1977).
-----
1[Explanation.—For the purposes of sub-section (1), the expression “Court which passed the
decree or order” shall be deemed to include,—
(a) where the decree or order has been varied or reversed in exercise of appellate or revisional
jurisdiction, the Court of first instance;
(b) where the decree or order has been set aside by a separate suit, the court of first instance
which passed such decree or order.
(c) where the Court of first instance has ceased to exist or has ceased to have jurisdiction to execute, it,
the Court which, if the suit wherein the decree or order was passed were instituted at the time of making
the application for restitution under this section, would have jurisdiction to try such suit.]
(2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could
be obtained by application under sub-section (1).
**145. Enforcement of liability of surety.—Where** any person [2][has furnished security or given a
guarantee]—
(a) for the performance of any decree or any part thereof, or
(b) for the restitution of any property taken in execution of a decree, or
(c) for the payment of any money, or for the fulfilment of any condition imposed on any person,
under an order of the Court in any suit or in any proceeding consequent thereon,
3[the decree or order may be executed in the manner therein provided for the execution of decrees,
namely:—
(i) if he has rendered himself personally liable, against him to that extent;
(ii) if he has furnished any property as security, by sale of such property to the extent of the
security;
(iii) if the case falls both under clauses (i) and (ii) then to the extent specified in those clauses,
and such person shall, be deemed to be a party within the meaning of section 47]:
Provided that such notice as the Court in each case thinks sufficient has been given to the surety.
**146.** **Proceedings by or against representatives.—Save** as otherwise provided by this Code or by
any law for the time being in force, where any proceeding may be taken or application made by or against
any person then the proceeding may be taken or the application may be made by or against any person
claiming under him.
**147.** **Consent or agreement by persons under disability.—In** all suits to which any person under
disability is a party, any consent or agreement, as to any proceeding shall, if given or made with the
express leave of the Court by the next friend or guardian for the suit, have the same force and effect as if
such person, were under no disability and had given such consent or made such agreement.
**148. Enlargement of time.—Where** any period is fixed or granted by the Court for the doing of any act
prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period,
4[not exceeding thirty days in total,] even though the period originally fixed or granted may have expired.
5[148A. Right to lodge a caveat.—(1) Where an application is expected to be made, or has been
made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right
to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been
lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post,
1. Ins. by Act 104 of 1976, s. 48 (w.e.f. 1-2-1977).
2. Subs. by s. 49, ibid., for “has become liable as surety” (w.e.f. 1-2-1977).
3. Subs. by s. 49, ibid., for certain words (w.e.f. 1-2-1977).
4. Ins. by Act 46 of 1999, s. 13 (w.e.f. 1-7-2002).
5. Ins. by Act 104 of 1976, s. 50 (w.e.f. 1-5-1977).
-----
acknowledgement due, on the person by whom the application has been, or is expected to be, made, under
sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or
proceeding, the Court, shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the
caveator at the caveator’s expense, with a copy of the application made by him and also with copies of
any paper or document which has been, or may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after
the expiry of ninety days from the date on which it was lodged unless the application referred to in
sub-section (1) has been made before the expiry of the said period.]
**149.** **Power to make up deficiency of court-fees.—Where the whole or any part of any fee prescribed for**
any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in
its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case
may be, of such court-fee; and upon such payment the document, in respect of which fee is payable, shall have
the same force and effect as if such fee had been paid in the first instance.
**150.** **Transfer of business.— Save as otherwise provided, where the business of any Court is transferred**
to any other Court, the Court to which the business is so transferred shall have the same powers and shall
perform the same duties as those respectively conferred and imposed by or under this Code upon the Court
from which the business was so transferred.
**151.** **Saving of inherent powers of Court.—Nothing in this Code shall be deemed to limit or**
otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of
justice or to prevent abuse of the process of the Court.
**152.** **Amendment of judgments, decrees or orders.—Clerical or arithmetical mistakes in**
judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any
time be corrected by the Court either of its own motion or on the application of any of the parties.
**153.** **General power to amend.— The Court may at any time, and on such terms as to costs or otherwise**
as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be
made for the purpose of determining the real question or issue raised by or depending on such proceeding.
**1[153A. Power to amend decree or order where appeal is summarily dismissed.—Where an Appellate**
Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152, the
decree or order appealed against may be exercised by the Court which had passed the decree or order in the
first instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order,
as the case may be, passed by the Court of first instance.
**153B. Place of trial to be deemed to be open Court.—The place in which any Civil Court is held**
for the purpose of trying any suit shall be deemed to be an open Court, to which the public generally may
have access so far as the same can conveniently contain them:
Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of
any particular case, that the public generally, or any particular person, shall not have access to, or be or
remain in, the room or building used by the Court.]
**154. [Saving of present right of appeal.] Rep. by the Repealing and Amending Act, 1952 (48 of 1952),**
_s. 2 and the First Schedule._
**155.** [Amendment of certain Acts.] Rep. by s. 2 and the First Schedule., ibid.
**156.** [Repeals.] Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914). s. 3 and the Second
_Schedule._
**157. Continuance of orders under repealed enactments.—Notifications published, declarations**
and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made
and powers conferred under Act VIII of 1859 or under any Code of Civil Procedure or any Act amending
the same or under any other enactment hereby repealed shall, so far as they are consistent with this Code,
1. Ins. by Act 104 of 1976. s. 51 (w.e.f. 1-2-1977).
-----
have the same force and effect as if they had been respectively published, made, appointed, filed,
prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf.
**158.** **Reference to Code of Civil Procedure and other repealed enactments.—In** every enactment
or notification passed or issued before the commencement of this Code in which reference is made to or
to any Chapter or section of Act VIII of 1859 or any Code of Civil Procedure or any Act amending the
same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken
to be made to this Code or to its corresponding Part, Order, section or rule.
**______**
-----
THE FIRST SCHEDULE
_____
ORDER I
_Parties to Suits_
1[1. Who may be joined as plaintiffs.—All persons may be joined in one suit as plaintiffs where—
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or
transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and
(b) if such persons brought separate suits, any common question of law or fact would
arise.]
**2. Power of Court to order separate trial.—Where** it appears to the Court that any joinder of
plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to the election or
order separate trials or make such other order as may be expedient.
1[3. Who may be joined as defendants.—All persons may be joined in one suit as defendants
where—
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or
transactions is alleged to exist against such persons, whether jointly, severally or in the alternative;
and
(b) if separate suits were brought against such persons, any common question of law or fact
would arise.]
2[3A. Power to order separate trials where joinder of defendants may embarrass or delay
**trial.—Where** it appears to the Court that any joinder of defendants may embarrass or delay the trial of
the suit, the Court may order separate trials or make such other order as may be expedient in the interests
of justice.]
**4. Court may give judgment for or against one or more of joint parties.—Judgment** may be given
without any amendment —
(a) for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief
as he or they may be entitled to;
(b) against such one or more of the defendants as may be found to be liable, according to their
respective liabilities.
**5. Defendant need not be interested in all the relief claimed.—It shall not be necessary that every**
defendant shall be interested as to all the relief claimed in any suit against him.
**6. Joinder of parties liable on same contract.—The** plaintiff may, at his option, join as parties to
the same suit all or any of the persons severally, or jointly and severally, liable on any one contract,
including parties to bills of exchange, hundis and promissory notes.
**7.** **When plaintiff in doubt from whom redress is to be sought.—Where** the plaintiff is in doubt as to
the persons from whom he is entitled to obtain redress, he may join two or more defendants in order that the
question as to which of the defendants is liable, and to what extent, may be determined as between all
parties.
1. Subs. by Act 104 of 1976, s. 52, for rules 1 and 3 respectively (w.e.f. 1-2-1977).
2. Ins. by s. 52, ibid. (w.e.f. 1-2-1977).
-----
**1[8. One person may sue or defend on behalf of all in same interest.—(1)** Where there are
numerous persons having the same interest in one suit,—
(a) one or more of such persons may, with the permission of the Court, sue or be sued, or may
defend such suit, on behalf of, or for the benefit of, all persons so interested;
(b) the Court may direct that one or more of such persons may sue or be sued, or may defend
such suit, on behalf of, or for the benefit of, all persons so interested.
(2) The Court shall, in every case where a permission or direction is given under sub-rule (1), at the
plaintiff's expense, give notice of the institution of the suit to all persons so interested, either by personal
service, or, where, by reason of the number of persons or any other cause, such service is not reasonably
practicable, by public advertisement, as the Court in each case may direct.
(3) Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under
sub-rule (1), may apply to the Court to be made a party to such suit.
(4) No part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall
be withdrawn under sub-rule (3), of rule 1 of Order XXIII, and no agreement, compromise or satisfaction
shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiff's
expense, notice to all persons so interested in the manner specified in sub-rule (2).
(5) Where any person suing or defending in any such suit does not proceed with due diligence in the suit
or defence, the Court may substitute in his place any other person having the same interest in the suit.
(6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or for
whose benefit, the suit is instituted, or defended, as the case may be.
_Explanation.—For the purpose of determining whether the persons who sue or are sued, or defend,_
have the same interest in one suit, it is not necessary to establish that such persons have the same cause
of action as the persons on whose behalf, or for whose benefit, they sue or are sued, or defend the suit, as
the case may be.]
**2[8A. Power of Court to permit a person or body of persons to present opinion or to take part in the**
**proceedings.— While trying a suit, the Court may, if satisfied that a person or body of persons is interested in**
any question of law which is directly and substantially in issue in the suit and that it is necessary in the public
interest to allow that person or body of persons to present his or its opinion on that question of law, permit that
person or body of persons to present such opinion and to take such part in the proceedings of the suit as the
Court may specify.]
**9. Misjoinder and non-joinder.—No** suit shall be defeated by reason of the misjoinder or
non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as
regards the rights and interests of the parties actually before it:
3[Provided that nothing in this rule shall apply to non-joinder of a necessary party.]
**10. Suit in name of wrong plaintiff.—(1) Where a suit has been instituted in the name of the wrong**
person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff,
the Court may at any stage of the suit, if satisfied that the suit has been instituted through a _bona fide_
mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any
other person to be substituted or added as plaintiff upon such terms as the Court thinks just.
(2) Court may strike out or add parties.—The Court may at any stage of the proceedings, either
upon or without the application of either party, and on such terms as may appear to the Court to be just,
order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and
that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose
1. Subs. by Act 104 of 1976, s. 52, for rule 8 (w.e.f. 1-2-1977).
2. Ins. by s. 52, ibid. (w.e.f. 1-2-1977).
3. The proviso added by, ibid., s. 52 (w.e.f. 1-2-1977).
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presence before the Court may be necessary in order to enable the Court effectually and completely to
adjudicate upon and settle all the questions involved in the suit, be added.
(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a
plaintiff under any disability without his consent.
(4) Where defendant added, plaint to be amended.—Where a defendant is added, the plaint shall,
unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies
of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the
original defendant
(5) Subject to the provisions of the [1][Indian Limitation Act, 1877 (XV of 1877)], section 22, the
proceedings as against any person added as defendant shall be deemed to have begun only on the service
of the summons.
2[10A. Power of Court to request any pleader to address it.—The Court may, in its discretion,
request any pleader to address it as to any interest which is likely to be affected by its decision on any
matter in issue in any suit or proceeding, if the party having the interest which is likely to be so affected is
not represented by any pleader.]
**11. Conduct of suit.—The Court may give the conduct of [3][a suit] to such persons as it deems proper.**
**12. Appearance of one of several plaintiffs or defendants for others.—(1) Where there are more**
plaintiffs than one, any one or more of them may be authorized by any other of them to appear, plead or
act for such other in any proceeding; and in like manner, where there are more defendants than one, any
one or more of them may be authorized by any other of them to appear, plead or act for such other in any
proceeding.
(2) The authority shall be in writing signed by the party giving it and shall be filed in Court.
**13. Objections as to non-joinder or misjoinder.—All objections on the ground of non-joinder or**
misjoinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are
settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any such
objection not so taken shall be deemed to have been waived.
______
ORDER II
_Frame of suit_
**1. Frame of suit.—Every suit shall as far as practicable be framed so as to afford ground for final**
decision upon the subjects in dispute and to prevent further litigation concerning them.
**2. Suit to include the whole claim.—(1) Every suit shall include the whole of the claim which the**
plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish and portion of
his claim in order to bring the suit within the jurisdiction of any Court.
(2) Relinquishment of part of claim.—Where a plaintiff omits to sue in respect of, or intentionally
relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or
relinquished.
(3) Omission to sue for one of several reliefs.—A person entitled to more than one relief in respect
of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of
the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted.
_Explanation.—For_ the purposes of this rule an obligation and a collateral security for its performance
and successive claims arising under the same obligation shall be deemed respectively to constitute but one
cause of action.
1. See now the Limitation Act, 1963 (36 of 1963), s. 21.
2. Ins. by Act 104 of 1976, s. 52 (w.e.f. 1-2-1977).
3. Subs. by s. 52, ibid., for “the suit” (w.e.f. 1-2-1977).
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_Illustration_
A lets a house to B at a yearly of rent Rs. 1,200. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid.
A sues B in 1908 only for the rent due for 1906. A shall not afterwards sue B for the rent due for 1905 or 1907.
**3. Joinder of causes of action.—(1) Save as otherwise provided, a plaintiff may unite in the same**
suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiffs
having causes of action in which they are jointly interested against the same defendant or the same
defendants jointly may unite such causes of action in the same suit.
(2) Where causes of action are united, the jurisdiction of the Court as regards the suit shall depend on
the amount or value of the aggregate subject-matters at the date of instituting the suit.
**4. Only certain claims to be joined for recovery of immovable property.—No cause of action**
shall, unless with the leave of the Court, be joined with a suit for the recovery of immovable property,
except—
(a) claims for _mesne profits_ or arrears of rent in respect of the property claimed or any part
thereof;
(b) claims for damages for breach of any contract under which the property or any part thereof is
held; and
(c) claims in which the relief sought is based on the same cause of action:
Provided that nothing in this rule shall be deemed to prevent any party in a suit for foreclosure or
redemption from asking to be put into possession of the mortgaged property.
**5. Claims by or against executor, administrator or heir.—No** claim by or against an executor,
administrator or heir, as such, shall be joined with claims by or against him personally, unless the last
mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant
sues or is sued as executor, administrator or heir, or are such as he was entitled to, or liable for, jointly with
the deceased person whom he represents.
1[6. Power of Court to order separate trials.—Where it appears to the Court that the joinder of
causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may
order separate trials or make such other order as may be expedient in the interests of justice.]
7. Objections as to misjoinder.—All objections on the ground of misjoinder of causes of action shall
be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such
settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken
shall be deemed to have been waived.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment** **of** **the First Schedule Order II.— In the First Schedule to the principal Act**
(hereinafter in this Chapter referred to as the First Schedule), in Order II, in rule 2 —
(a) the existing explanation shall be numbered as Explanation I, and after Explanation I,
as so numbered the following explanation II, shall be inserted, namely :—
**_“Explanation II— For the purpose of this rule a claim for ejectment of the defendant from_**
immovable property let out to him and a claim for money due from him on account of rent or
compensation for use and occupation of that property, shall be deemed to be claims in respect
of distinct causes of action.”;
(b) for the illustration, the following illustration shall be substituted, namely :—
**_“Illustration— A lets immovable property to B at a yearly rent. The rent for the whole of the_**
years 1905, 1906 and 1907 is due and unpaid, and the tenancy is determined before A sues Bin
1908, only for the rent due for 1906. A may afterwards sue B for ejectment but not for the rent
## due for 1905 or 1907.”
[Vide Uttar Pradesh Act 57 of 1976, s. 4]
1. Subs. by Act 104 of 1976, s. 53, for rule 6 (w.e.f. 1-2-1977).
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______
ORDER III
_Recognized Agents and Pleaders_
**1. Appearances, etc., may be** **in person, by recognized agent or by pleader.—Any appearance,**
application or act in or to any Court, required or authorized by law to be made or done by a party in such Court,
may, except where otherwise expressly provided by any law for the time being in force, be made or done by the
party in person, or by his recognized agent, or by a pleader [1][appearing, applying or acting, as the case may be,]
on his behalf :
Provided that any such appearance shall, if the Court so directs, be made by the party in person.
**2. Recognised agents.—The** recognised agents of parties by whom such appearances, applications and
acts may be made or done are—
(a) persons holding powers-of-attorney, authorising them to make and do such appearances,
applications and acts on behalf of such parties;
(b) persons carrying on trade or business for and in the names of parties not resident within the
local limits of the jurisdiction of the Court within which limits the appearance, application or act is
made or done, in matters connected with such trade or business only, where no other agent is
expressly authorised to make and do such appearances, applications and acts.
**3. Service of process on recognised agent.—(1) Processes served on the recognised agent of a party**
shall be as effectual as if the same had been served on the party in person, unless the Court otherwise
directs.
(2) The provisions for the service of process on a party to a suit shall apply to the service of process
on his recognised agent.
2[4. Appointment of pleader.—(1) No pleader shall act for any person in any Court, unless he has been
appointed for the purpose by such person by a document in writing signed by such person or by his recognised
agent or by some other person duly authorised by or under a power-of-attorney to make such appointment.
(2) Every such appointment shall be [3][filed in Court and shall, for the purposes of sub-rule (1), be]
deemed to be in force until determined with the leave of the Court by a writing signed by the client or the
pleader, as the case may be, and filed in Court, or until the client or the pleader dies, or until all
proceedings in the suit are ended so far as regards the client.
_4[Explanation. —For the purposes of this sub-rule, the following shall be deemed to be proceedings in_
the suit,—
(a) an application for the review of decree or order in the suit,
(b) an application under section 144 or under section 152 of this Code, in relation to any decree or
order made in the suit,
(c) an appeal from any decree or order in the suit, and
(d) any application or act for the purpose of obtaining copies of documents or return of
documents produced or filed in the suit or of obtaining refund of moneys paid into the Court in
connection with the suit.]
5[(3) Nothing in sub-rule (2) shall be construed—
(a) as extending, as between the pleader and his client, the duration for which the pleader is
engaged, or
1. Subs. by Act 22 of 1926, s. 2, for “duly appointed to act”.
2. Subs. by Act 22 of 1926, s. 2, for rule 4.
3. Subs. by Act 104 of 1976, s. 54, for certain words (w.e.f. 1-2-1977).
4. Ins. by s. 54, ibid. (w.e.f. 1-2-1977).
5. Subs. by s. 54, ibid., for sub-rule (3) (w.e.f. 1-2-1977).
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(b) as authorising service on the pleader of any notice or document issued by any Court other than
the Court for which the pleader was engaged, except where such service was expressly agreed to by
the client in the document referred to in sub-rule (1).]
(4) The High Court may, by general order, direct that, where the person by whom a pleader is appointed
is unable to write his name, his mark upon the document appointing the pleader shall be attested by such
person and in such manner as may be specified by the order.
(5) No pleader who has been engaged for the purpose of pleading only shall plead on behalf of any
party, unless he has filed in court a memorandum of appearance signed by himself and stating—
(a) the names of the parties to the suit,
(b) the name of the party for whom he appears, and
(c) the name of the person by whom he is authorised to appear:
Provided that nothing in this sub-rule shall apply to any pleader engaged to plead on behalf of any
party by any other pleader who has been duly appointed to act in Court on behalf of such party.]
**5. Service of process on pleader.—[1][Any process served on the pleader who has been duly**
appointed to act in Court for any party] or left at the office or ordinary residence of such pleader, and
whether the same is for the personal appearance of the party or not, shall be presumed to be duly
communicated and made known to the party whom the pleader represents, and, unless the Court
otherwise directs, shall be as effectual for all purposes as if the same had been given to or served on the
party in person.
**6. Agent to accept service.—(1)** Besides the recognised agents described in rule 2 any person
residing within the jurisdiction of the Court may be appointed an agent to accept service of process.
(2) **Appointment to be in writing and to be filed in Court.—Such** appointment may be special or
general and shall be made by an instrument in writing signed by the principal, and such instrument or, if
the appointment is general, a certified copy thereof shall be filed in Court.
2[(3) The Court may, at any stage of the suit, order any party to the suit not having a recognised agent
residing within the jurisdiction of the Court, or a pleader who has been duly appointed to act in the Court
on his behalf, to appoint, within a specified time, an agent residing within the jurisdiction of the Court to
accept service of the process on his behalf.]
______
ORDER IV
_Institution of suits_
**1. Suit to be commenced by plaint.—(1)** Every suit shall be instituted by presenting [3][plaint in
duplicate to the Court] or such officer as it appoints in this behalf.
(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are
applicable.
4[(3) The plaint shall not be deemed to be duly instituted unless it complies with the requirements
specified in sub-rules (1) and (2)].
**2. Register of suits.—The** Court shall cause the particulars of every suit to be entered in a book to be
kept for the purpose and called the register of civil suits. Such entries shall be numbered in every year
according to the order in which the plaints are admitted.
1. Subs. by Act 104 of 1976, s. 54, for certain words (w.e.f. 1-2-1977).
2. Ins. by s. 54, ibid. (w.e.f. 1-2-1977).
3. Subs. by Act 46 of 1999, s. 14, for certain words (w.e.f. 1-7-2002).
4. Ins. by s. 14, ibid. (w.e.f. 1-7-2002).
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## STATE AMENDMENT
Uttar Pradesh
**Insertion of Order IV-A.—In the First Schedule, after Order IV, the following Order shall be**
_inserted, namely :—_
“ORDER IV-A
## CONSOLIDATION OF CASES
**1.** **Consolidation of suits and proceedings— When two or more suits or proceedings are**
pending in the same court, and the court is of opinion that it is expedient in the interest of
justice, it may by order direct their joint trial, whereupon all such suits and proceedings may be
decided upon the evidence in all or any such suits or proceedings. ”
[Vide Uttar Pradesh Act 57 of 1976, s. 5]
**Amendment of Order VI.— In the First Schedule, in Order VI, in rule 15, in sub-rule (1), for the**
words “at the foot”, the following words shall be substituted, namely :—
“on oath administered by an officer empowered under section 139 of the Code,”.
[Vide Uttar Pradesh Act 57 of 1976, s. 6]
______
ORDER V
_Issue and service of summons_
_Issue of Summons_
**1. Summons.—[1][(1) When a suit has been duly instituted, a summons may be issued to the defendant**
to appear and answer the claim and to file the written statement of his defence, if any, within thirty days
from the date of service of summons on that defendant:
Provided that no such summons shall be issued when a defendant has appeared at the presentation of
plaint and admitted the plaintiff’s claim:
*[Provided further that where the defendant fails to file the written statement within the said period of
thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the
Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but
which shall not be later than one hundred twenty days from the date of service of summons and on expiry
of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to
file the written statement and the Court shall not allow the written statement to be taken on record.]
(2) A defendant to whom a summons has been issued under sub-rule (1) may appear—
(a) in person, or
(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or
(c) by a pleader accompanied by some person able to answer all such questions.
(3) Every such summons shall be signed by the Judge or such officer as he appoints, and shall be
sealed with the seal of the Court.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
In Order V, in Rule 1, for the second proviso, substitute the following proviso, namely;
Provided further that where the defendant fails to file the written statement within the said period of
thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the
1. Subs. by Act 22 of 2002, s. 6, for sub-rule (1) (w.e.f. 1-7-2002).
*. Shall be applicable to commercial disputes of a specified value only by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-102015).
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court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which
shall not be later than one hundred twenty days from the date of service of summons and on expiry of one
hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the
written statement and the court shall not allow the written statement to be taken on record.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
_Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]._
1[2. Copy of plaint annexed to summons.—Every summon shall be accompanied by a copy of the
plaint.]
**3. Court may order defendant or plaintiff to appear in person.—(1)** Where the court sees reason
to require the personal appearance of the defendant, the summons shall order him to appear in person in
Court on the day therein specified.
(2) Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it
shall make an order for such appearance.
**4. No party to be ordered to appear in person unless resident within certain limits.—No** party
shall be ordered to appear in person unless he resides—
(a) within the local limits of the Court’s ordinary original jurisdiction, or
(b) without such limits but at place less than fifty or (where there is railway or steamer
communication or other established public conveyance for five-sixths of the distance between the
place where he resides and the place where the Court is situate) less than two hundred miles distance
from the court-house.
**5. Summons to be either to settle issues or for final disposal.—The** Court shall determine, at the
time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal
of the suit; and the summons shall contain a direction accordingly:
Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final
disposal of the suit.
**6. Fixing day for appearance of defendant.—The** day [2][under sub-rule (1) of rule 1] shall be
fixed with reference to the current business of the Court, the place of residence of the defendant and the
time necessary for the service of the summons; and the day shall be so fixed as to allow the defendant
sufficient time to enable him to appear and answer on such day.
**7.** **Summons to order defendant to produce documents relied on by him.—The** summons to
appear and answer shall order the defendant to produce [3][all documents or copies thereof specified in
rule lA of Order VIII] in his possession or power upon which he intends to rely in support of his case.
**8. On issue of summons for final disposal, defendant to be directed to produce his witnesses.—Where**
the summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed
for his appearance, all witnesses upon whose evidence he intends to rely in support of his case.
_Service of summons_
4[9. Delivery of summons by Court.—(1) Where the defendant resides within the jurisdiction of the
Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to
accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent
either to the proper officer to be served by him or one of his subordinates or to such courier services as are
approved by the Court.
(2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and, where
he is such an officer, the summons may be sent to him in such manner as the Court may direct.
(3) The services of summons may be made by delivering or transmitting a copy thereof by registered post
acknowledgment due, addressed to the defendant or his agent empowered to accept the service or by speed
post or by such courier services as are approved by the High Court or by the Court referred to in sub-rule (1) or
1. Subs. by Act 46 of 1999, s. 15, for sub-rule (2) (w.e.f. 1-7-2002).
2. Subs. by Act 22 of 2002, s. 15, for the appearance of the defendant (w.e.f. 1-7-2002).
3. Subs. by s. 15, ibid., for all documents (w.e.f. 1-7-2002).
4. Subs. by s. 6, ibid., for rule 9 (w.e.f. 1-7-2002).
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by any other means of transmission of documents (including fax message or electronic mail service) provided
by the rules made by the High Court:
Provided that the service of summons under this sub-rule shall be made at the expenses of the plaintiff.
(4) Notwithstanding anything contained in sub-rule (1), where a defendant resides outside the jurisdiction
of the Court in which the suit is instituted, and the Court directs that the service of summons on that defendant
may be made by such mode of service of summons as is referred to in sub-rule (3) (except by registered post
acknowledgment due), the provisions of rule 21 shall not apply.
(5) When an acknowledgment or any other receipt purporting to be signed by the defendant or his agent is
received by the Court or postal article containing the summons is received back by the Court with an
endorsement purporting to have been made by a postal employee or by any person authorised by the courier
service to the effect that the defendant or his agent had refused to take delivery of the postal article containing
the summons or had refused to accept the summons by any other means specified in sub-rule (3) when
tendered or transmitted to him, the Court issuing the summons shall declare that the summons had been duly
served on the defendant:
Provided that where the summons was properly addressed, pre-paid and duly sent by registered post
acknowledgment due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the
acknowledgment having been lost or mislaid, or for any other reason, has not been received by the Court
within thirty days from the date of issue of summons.
(6) The High Court or the District Judge, as the case may be, shall prepare a panel of courier agencies for
the purposes of sub-rule (1).
**9A. Summons given to the plaintiff for service.—(1) The Court may, in addition to the service of**
summons under rule 9, on the application of the plaintiff for the issue of a summons for the appearance of the
defendant, permit such plaintiff to effect service of such summons on such defendant and shall, in such a case,
deliver the summons to such plaintiff for service.
(2) The service of such summons shall be effected by or on behalf of such plaintiff by delivering or
tendering to the defendant personally a copy thereof signed by the Judge or such officer of the Court as he may
appoint in this behalf and sealed with the seal of the Court or by such mode of service as is referred to in
sub-rule (3) of rule 9.
(3) The provisions of rules 16 and 18 shall apply to a summons personally served under this rule as if the
person effecting service were a serving officer.
(4) If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgment of
service or for any reason such summons cannot be served personally, the Court shall, on the application of the party,
re-issue such summons to be served by the Court in the same manner as a summons to a defendant.]
**10. Mode of service.—Service of the summons shall be made by delivering or tendering a copy thereof signed**
by the Judge or such officer as he appoints in this behalf, and sealed with the seal of the Court.
**11. Service on several defendants.—Save as otherwise prescribed, where there are more defendants**
than one, service of the summons shall be made on each defendant.
**12. Service to be on defendant in person when practicable, or on his agent. —Wherever it is**
practicable, service shall be made on the defendant in person, unless he has an agent empowered to accept
service, in which case service on such agent shall be sufficient.
**13. Service on agent by whom defendant carries on business.—(1) In a suit relating to any**
business or work against a person who does not reside within the local limits of the jurisdiction of the
Court from which the summons is issued, service on any manager or agent, who, at the time of service,
personally carries on such business or work for such person within such limits, shall be deemed good
service.
(2) For the purpose of this rule the master of a ship shall be deemed to be the agent of the owner or
charterer.
**14. Service on agent in charge in suits for immovable property.—Where in a suit to obtain relief**
respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant
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in person, and the defendant has no agent empowered to accept the service, it may be made on any agent
of the defendant in charge of the property.
1[15. Where service may be on an adult member of defendant's family.— Where in any suit the
defendant is absent from his residence at the time when the service of summons is sought to be effected
on his at his residence and there is no likelihood of his being found at the residence within a reasonable
time and he has no agent empowered to accept service of the summons on his behalf, service may be
made on any adult member of the family, whether male or female, who is residing with him.
_Explanation. —A servant is not a member of the family within the meaning of this rule.]_
**16. Person served to sign acknowledgment.—Where the serving officer delivers or tenders a copy**
of the summons to the defendant personally, or to an agent or other person on his behalf, he shall require
the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service
endorsed on the original summons.
**17. Procedure when defendant refuses to accept service, or cannot be found.—Where the**
defendant or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where the
serving officer, after using all due and reasonable diligence, cannot find the defendant, [2][who is absent
from his residence at the time when service is sought to be effected on him at his residence and there is no
likelihood of his being found at the residence within a reasonable time] and there is no agent empowered
to accept service of the summons on his behalf, nor any other person on whom service can be made, the
serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the
house in which the defendant ordinarily resides or carries on business or personally works for gain, and
shall then return the original to the Court from which it was issued, with a report endorsed thereon or
annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the
name and address of the person (if any) by whom the house was identified and in whose presence the
copy was affixed.
**18. Endorsement of time and manner of service.—The serving officer shall, in all cases in which**
the summons has been served under rule 16, endorse or annex, or cause to be endorsed or annexed, on or
to the original summons, a return stating the time when and the manner in which the summons was
served, and the name and address of the person (if any) identifying the person served and witnessing the
delivery or tender of the summons.
**19. Examination of serving officer.—Where a summons is returned under rule 17, the Court shall, if the**
return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so
verified, examine the serving officer on oath, or cause him to be so examined by another Court, touching his
proceedings, and may make such further enquiry in the matter as it thinks fit; and shall either declare that
the summons has been duly served or order such service as it thinks fit.
**19A. [Simultaneous issue of summons for service by post in addition to personal service.]** _Omitted by_
_the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999), s. 15 (w.e.f. 1-7-2002)._
**20. Substituted service.—(1) Where the Court is satisfied that there is reason to believe that the**
defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the
summons cannot be served in the ordinary way, the Court shall order the summons to be served by
affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous
part of the house (if any) in which the defendant is known to have last resided or carried on business or
personally worked for gain, or in such other manner as the Court thinks fit.
3[(1A) Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper,
the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known
to have actually and voluntarily resided, carried on business or personally worked for gain.]
1. Subs. by Act 104 of 1976, s. 55, for rule 15 (w.e.f. 1-2-1977).
2. Ins. by s. 55, ibid. (w.e.f. 1-2-1977).
3. Ins. by Act 104 of 1976, s. 55 (w.e.f. 1-2-1977).
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(2) Effect of substituted service.—Service substituted by order of the Court shall be as effectual as if
it had been made on the defendant personally.
(3) Where service substituted, time for appearance to be fixed.—Where service is substituted by
order of the Court, the Court shall fix such time for the appearance of the defendant as the case may
require.
1[20A. _Service of summons by post.] Rep. by the Code of Civil Procedure_ (Amendment) Act, 1976
(104 of 1976), s. 55 (w.e.f. 1-2-1977)].
**21. Service of summons where defendant resides within jurisdiction of another Court.—A**
summons may be sent by the Court by which it is issued, whether within or without the State, either by
one of its officers [2][or by post or by such courier service as may be approved by the High Court, by fax
message or by Electronic Mail service or by any other means as may be provided by the rules made by
the High Court] to any Court (not being the High Court) having jurisdiction in the place where the
defendant resides.
**22. Service within presidency towns of summons issued by Courts outside.—Where a summons**
issued by any Court established beyond the limits of the towns of Calcutta, Madras [3][and Bombay] is to
be served within any such limits, it shall be sent to the Court of Small Causes within whose jurisdiction it
is to be served.
**23. Duty of Court to which summons is sent.—The Court to which a summons is sent under rule 21 or**
rule 22 shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the
summons to the Court of issue, together with the record (if any) of its proceedings with regard thereto.
**24. Service on defendant in prison.—Where the defendant is confined in a prison, the summons**
shall be delivered or sent [3][or by post or by such courier service as may be approved by the High Court,
by fax message or by Electronic Mail service or by any other means as may be provided by the rules
made by the High Court] to the officer in charge of the prison for service on the defendant.
**25. Service where defendant resides out of India and has no agent.—Where the defendant resides**
out of [4][India] and has no agent in [5][India] empowered to accept service, the summons shall be addressed
to the defendant at the place where he is residing and sent to him [3][or by post or by such courier service as
may be approved by the High Court, by fax message or by Electronic Mail service or by any other means
as may be provided by the rules made by the High Court], if there is postal communication between such
place and the place where the Court is situate:
5[Provided that where any such defendant 6[resides in Bangladesh or Pakistan], the summons,
together with a copy thereof, may be sent for service on the defendant, to any Court in that country (not
being the High Court) having jurisdiction in the place where the defendant resides :
Provided further that where any such defendant is a public officer [7][in Bangladesh or Pakistan (not
belonging to the Bangladesh or, as the case may be, Pakistan military, naval or air forces)] or is a servant
of a railway company or local authority in that country, the summons, together with a copy thereof, may
be sent for service on the defendant, to such officer or authority in that country as the Central Government
may by notification in the Official Gazette, specify in this behalf.]
8[26. Service in foreign territory through Political Agent or Court.—Where—
(a) in the exercise of any foreign jurisdiction vested in the Central Government, a Political Agent
has been appointed, or a Court has been established or continued, with power to serve a summons,
1. Ins. by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957).
2. Subs. by Act 46 of 1999, s. 15, for certain words (w.e.f. 1-7-2002).
3. Subs. by the A.O. 1937, for “Bombay and Rangoon”.
4. Subs. by Act 2 of 1951, s. 3, for “the State”.
5. Ins. by Act 19 of 1951, s. 2.
6. Subs. by Act 104 of 1976, s. 53, for “resides in Pakistan,” (w.e.f. 1-2-1977).
7. Subs. by s. 55, ibid., for certain words (w.e.f. 1-2-1977).
8. Subs. by s. 55, ibid., for rule 26 (w.e.f. 1-2-1977).
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issued by a Court under this Code, in any foreign territory in which the defendant actually and
voluntarily resides, carries on business or personally works for gain, or
(b) the Central Government has, by notification in the Official Gazette, declared in respect of
any Court situate in any such territory and not established or continued in the exercise of any such
jurisdiction as aforesaid, that service by such Court of any summons issued by a Court under this
Code shall be deemed to be valid service,
the summons may be sent to such Political Agent or Court, by post, or otherwise, or if so directed by the
Central Government, through the Ministry of that Government dealing with foreign affairs, or in such
other manner as may be specified by the Central Government for the purpose of being served upon the
defendant; and, if the Political Agent or Court returns the summons with an endorsement purporting to
have been made by such Political Agent or by the Judge or other officer of the Court to the effect that the
summons has been served on the defendant in the manner hereinbefore directed, such endorsement shall
be deemed to be evidence of service.
**26A. Summonses to be sent to officers to foreign countries.—Where** the Central Government has, by
notification in the Official Gazette, declared in respect of any foreign territory that summonses to be served
on defendants actually and voluntarily residing or carrying on business or personally working for gain in that
foreign territory may be sent to an officer of the Government of the foreign territory specified by the Central
Government, the summonses may be sent to such officer, through the Ministry of the Government of India
dealing with foreign affairs or in such other manner as may be specified by the Central Government; and if
such officer returns any such summons with an endorsement purporting to have been made by him that the
summons has been served on the defendant, such endorsement shall be deemed to be evidence of service].
**27. Service on civil public officer or on servant of railway company or local authority.—Where**
the defendant is a public officer (not belonging to the [1][the Indians] military [2][naval or air] forces [3]***),
or is the servant of a railway company or local authority, the Court may, if it appears to it that the
summons may be most conveniently so served, send it for service on the defendant to the head of the
office in which he is employed, together with a copy to be retained by the defendant.
**28.** **Service on soldiers, sailors or airmen.—Where** the defendant is a soldier, [4][sailor] [5][or airman],
the Court shall send the summons for service to his commanding officer together with a copy to be
retained by the defendant.
**29. Duty of person to whom summons is delivered or sent for service.—(1)** Where a summons is
delivered or sent to any person for service under rule 24, rule 27 or rule 28, such person shall be bound to
serve it if possible, and to return it under his signature, with the written acknowledgment of the defendant,
and such signature shall be deemed to be evidence of service.
(2) Where from any cause service is impossible, the summons shall be returned to the Court with a
full statement of such cause and of the steps taken to procure service, and such statement shall be deemed
to be evidence of non-service.
**30. Substitution of letter for summons.—** (1) The Court may, notwithstanding anything hereinbefore
contained, substitute for a summons a letter signed by the Judge or such officer as he may appoint in this behalf,
where the defendant is, in the opinion of the Court, of a rank entitling him to such mark of consideration.
(2) A letter substituted under sub-rule (1) shall contain all the particulars required to be stated in a
summons, and, subject to the provisions of sub-rule (3), shall be treated in all respects as a summons.
(3) A letter so substituted may be sent to the defendant by post or by a special messenger selected by
the Court, or in any other manner which the Court thinks fit; and, where the defendant has an agent
empowered to accept service, the letter may be delivered or sent to such agent.
1. Subs. by the A.O. 1950, for “his Majesty’s”.
2. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or naval”.
3. The words “or His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the Schedule.
4. Ins. by s. 2 and the Schedule ibid.
5. Ins. by Act 10 of 1927, s. 2 and the First Schedule.
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______
ORDER VI
_Pleadings generally_
**1. Pleading.—“Pleading” shall mean plaint or written statement.**
1[2. Pleading to state material facts and not evidence.—(1) Every pleading shall contain, and
contain only, a statement in a concise form of the material facts on which the party pleading relies for his
claim or defence, as the case may be, but not the evidence by which they are to be proved.
(2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each
allegation being, so far as is convenient, contained in a separate paragraph.
(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.]
**3. Forms of pleading.—The** forms in Appendix A when applicable, and where they are not
applicable forms of the like character, as nearly as may be, shall be used for all pleadings.
*[3A. Forms of pleading in Commercial Courts.––In a commercial dispute, where forms of
pleadings have been prescribed under the High Court Rules or Practice Directions made for the purposes
of such commercial disputes, pleadings shall be in such forms.]
**4. Particulars to be given where necessary.—In** all cases in which the party pleading relies on any
misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which
particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with
dates and items if necessary) shall be stated in the pleading.
**5. [Further and better statement, or particulars.] Omitted by the Code of Civil Procedure**
_(Amendment) Act, 1999 (46 of 1999), s. 16 (w.e.f. 1-7-2002)._
**6. Condition precedent. —Any condition precedent, the performance or occurrence of which is intended**
to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be;
and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for
the case of the plaintiff or defendant shall be implied in his pleading.
**7. Departure.—No** pleading shall, except by way of amendment, raise any new ground of claim or
contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.
**8. Denial of contract.—Where** a contract is alleged in any pleading, a bare denial of the same by the
opposite party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact
from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract.
**9. Effect of document to be stated.—Wherever** the contents of any document are material, it shall be
sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or
any part thereof, unless the precise words of the document or any part thereof are material.
**10. Malice, knowledge, etc.—Wherever** it is material to allege malice, fradulent intention, knowledge
or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without
setting out the circumstances from which the same is to be inferred.
**11. Notice.—Wherever** it is material to allege notice to any person of any fact, matter or thing, it shall
be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the
circumstances from which such notice is to be inferred, are material.
**12. Implied contract, or relation.—Whenever** any contract or any relation between any persons is to
be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall
be sufficient to allege such contract or relation as a fact, and to refer generally to such letters,
conversations or circumstances without setting them out in detail. And if in such case the person so
1. Subs. by Act 104 of 1976, s. 56, for rule 2 (w.e.f. 1-2-1977).
- Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
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pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from
such circumstances, he may state the same in the alternative.
**13.** **Presumptions of law.—Neither** party need in any pleading allege any matter of fact which the
law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has
first been specifically denied _(e.g., consideration for a bill of exchange where the plaintiff sues only on_
the bill and not for the consideration as a substantive ground of claim).
**14. Pleading to be signed.—Every** pleading shall be signed by the party and his pleader (if any):
Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the
pleading, it may be signed by any person duly authorized by him to sign the same or to sue or defend on
his behalf
**1[14A. Address for service of notice.—(1)** Every pleading, when filed by a party, shall be accompanied
by a statement in the prescribed form, signed as provided in rule 14, regarding the address of the party.
(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and
stating the new address of the party and accompanied by a verified petition.
(3) The address furnished in the statement made under sub-rule (1) shall be called the “registered
address” of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party
for the purpose of service of all processes in the suit or in any appeal from any decree or order therein
made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of two years
after the final determination of the cause or matter.
(4) Service of any process may be effected upon a party at his registered address in all respects as
though such party resided thereat.
(5) Where the registered address of a party is discovered by the Court to be incomplete. false or
fictitious, the Court may, either on its own motion, or on the application of any party, order—
(a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or
(b) in the case where such registered address was furnished by a defendant, his defence be
struck out and he be placed in the same position as if he had not put up any defence.
(6) Where a suit is stayed or a defence is struck out under sub-rule (5), the plaintiff or, as the case may be,
the defendant may, after furnishing his true address, apply to the Court for an order to set aside the order of
stay or, as the case may be, the order striking out the defence.
(7) The Court, if satisfied that the party was prevented by any sufficient cause from filing the true address
at the proper time, shall set aside the order of stay or order striking out the defence, on such terms as to costs or
otherwise as it thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be.
(8) Nothing in this rule shall prevent the Court from directing the service of a process at any other address,
if, for any reason, it thinks fit to do so.]
**15. Verification of pleadings.—(1)** Save as otherwise provided by any law for the time being in force,
every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other
person proved to the satisfaction of the Court to be acquainted with the facts of the case.
(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he
verifies of his own knowledge and what he verifies upon information received and believed to be true.
1. Ins. by Act 104 of 1976, s. 56 (w.e.f. 1-2-1977).
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(3) The verification shall be signed by the person making it and shall state the date on which and the place
at which it was signed.
1[(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.
*[15A. Verification of pleadings in a commercial dispute.— (1) Notwithstanding anything contained in
Rule 15, every pleading in a commercial dispute shall be verified by an affidavit in the manner and form
prescribed in the Appendix to this Schedule.
(2) An affidavit under sub-rule (1) above shall be signed by the party or by one of the parties to the
proceedings, or by any other person on behalf of such party or parties who is proved to the satisfaction of the
Court to be acquainted with the facts of the case and who is duly authorised by such party or parties.
(3) Where a pleading is amended, the amendments must be verified in the form and manner referred to in
sub-rule (1) unless the Court orders otherwise.
(4) Where a pleading is not verified in the manner provided under sub-rule (1), the party shall not be
permitted to rely on such pleading as evidence or any of the matters set out therein.
(5) The Court may strike out a pleading which is not verified by a Statement of Truth, namely, the
affidavit set out in the Appendix to this Schedule.]
2[16. **Striking out pleadings.—The** Court may at any stage of the proceedings order to be struck out or
amended any matter in any pleading—
(a) which may be unnecessary, scandalous, frivolous or vexatious, of
(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or
(c) which is otherwise an abuse of the process of the Court.]
**3[17. Amendment of pleadings.—The** Court may at any stage of the proceedings allow either party to
alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall
be made as may be necessary for the purpose of determining the real questions in controversy between the
parties:
Provided that no application for amendment shall be allowed after the trial has commenced, unless the
Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before
the commencement of trial.
**18. Failure to amend after Order.—If** a party who has obtained an order for leave to amend does not
amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then
within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such
limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the
Court.]
**STATE AMENDMENT**
**Uttar Pradesh**
## Amendment of Order VI of the First Schedule.— In the First Schedule to the said
Code, in Order VI, in rule 15, in sub-rule (1), for words, “on oath administered by an officer empowered under section 137 of the Code,”
[Vide Uttar Pradesh Act 31 of 1978, s. 4]
1. Ins. by Act 46 of 1999, s. 16 (w.e.f. 1-7-2002).
2. Subs. by Act 104 of 1976, s. 56, for rule 16 (w.e.f. 1-2-1977).
3. Subs. by Act 22 of 2002, s. 7, for rules 17 and 18 (w.e.f. 1-7-2002).
- Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
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____
ORDER VII
_Plaint_
**1. Particulars to be contained in plaint.—The** plaint shall contain the following particulars:—
(a) the name of the Court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be ascertained;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that
effect;
(e) the facts constituting the cause of action and when it arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so
allowed, or relinquished; and
(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of
court-fees, so far as the case admits.
**2. In money suits.—Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount**
claimed :
But where the plaintiff sues for _mesne profits,_ or for an amount which will be found due to him on taking
unsettled accounts between him and the defendant, [1][or for movables in the possession of the defendant, or for debts
of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately
the amount or value sued for.]
*[2A. Where interest is sought in the suit. — (1) Where the plaintiff seeks interest, the plaint shall contain a
statement to that effect along with the details set out under sub-rules (2) and (3).
(2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in
relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure,
1908 (5 of 1908) and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in
which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that.
(3) Pleadings shall also state—
(a) the rate at which interest is claimed;
(b) the date from which it is claimed;
(c) the date to which it is calculated;
(d) the total amount of interest claimed to the date of calculation; and
(e) the daily rate at which interest accrues after that date.]
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs)―**
**In Order VII, after Rule, insert the following Rule, namely:-**
1. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
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**2A. Where interest is sought in the suit.—(1) Where the plaintiff seeks interests, the plaint shall**
contain a statement to that effect along with the details set out under sub-rules (2) and (3).
(2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in
relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure,
1908 and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which
case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that.
(3) Pleadings shall also state—
(a) the rate at which interest is claimed;
(b) the date from which it is claimed;
(c) the date to which it is calculated;
(d) the total amount of interest claimed to the date calculation; and
(e) the daily rate at which interest accrues after the date.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
_Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]._
**3.** **Where the subject-matter of the suit is immovable property.—Where** the subject-matter of the suit is
immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such
property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such
boundaries or numbers.
**4. When plaintiff sues as representative.—Where** the plaintiff sues in a representative character the plaint
shall show not only that he has an actual existing interest in the subject-matter, but that he has taken the steps (if
any) necessary to enable him to institute a suit concerning it.
**5. Defendant’s interest and liability to be shown.—The** plaint shall show that the defendant is or claims to be
interested in the subject-matter, and that he is liable to be called upon to answer the plaintiff’s demand.
**6. Grounds of exemption from limitation law.—Where** the suit is instituted after the expiration of the period
prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is
claimed :
1[Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground
not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint.]
**7.** **Relief to be specifically stated.—Every** plaint shall state specifically the relief which the plaintiff claims
either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always
be given as the Court may think just to the same extent as if it had been asked for. And the same rule shall apply to
any relief claimed by the defendant in his written statement.
**8. Relief founded on separate grounds.—Where** the plaintiff seeks relief in respect of several distinct claims
or causes of action founded upon separate and distinct grounds, they shall be stated as far as may be separately and
distinctly.
2[9. **Procedure on admitting plaint.—Where** the Court orders that the summons be served on the defendants in
the manner provided in rule 9 of Order V, it will direct the plaintiff to present as many copies of the plaint on
plain paper as there are defendants within seven days from the date of such order along with requisite fee for
service of summons on the defendants.]
**310.** **Return of plaint.—(1) 4[ Subject to the provisions of rule 10A, the plaint shall] at any stage**
of the suit be returned to be presented to the Court in which the suit should have been instituted.
1. The proviso added by Act 104 of 1976, s. 57 (w.e.f. 1-2-1977).
2. Subs. by Act 22 of 2002, s. 8, for rule 9 (w.e.f. 1-7-2002).
3. This rule has been applied to suits for the recovery of rent under the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908) s. 265.
4. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977).
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1[Explanation.— For the removal of doubts, it is hereby declared that a Court of appeal or
revision may direct after setting aside the decree passed in a suit, the return of the plaint under this
sub-rule.]
(2) **Procedure on returning plaint. —On returning a plaint, the Judge shall endorse thereon the**
date of its presentation and return, the name of the party presenting it, and a brief statement of the
reasons for returning it.
**3[10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed**
**after its return.—(1) Where, in any suit, after the defendant has appeared, the Court is of opinion**
that the plaint should be returned, it shall, before doing so, intimate its decision to the plaintiff.]
(2) Where an intimation is given to the plaintiff under sub-rule _(1),_ the plaintiff may make an
application to thc Court—
(a) specifying the Court in which he proposes to present the plaint after its return,
(b) praying that the Court may fix a date for the appearance of the parties in the said Court, and
(c) requesting that the notice of the date so fixed may be given to him and to the defendant.
(3) Where an application is made by the plaintiff under sub-rule _(2),_ the Court shall, before
returning the plaint and notwithstanding that the order for return of plaint was made by it on the
ground that it has no jurisdiction to try the suit,—
(a) fix a date for the appearance of the parties in the Court in which the plaint is proposed to
be presented, and
(b) give to the plaintiff and to the defendant notice of such date for appearance.
(4) Where the notice of the date for appearance is given under sub-rule (3),—
(a) it shall not be necessary for the Court in which the plaint is presented after its return, to
serve the defendant with a summons for appearance in the suit, unless that Court, for reasons to be
recorded, otherwise directs, and
(b) the said notice shall be deemed to be a summons for the appearance of the defendant in the
Court in which the plaint is presented on the date so fixed by the Court by which the plaint was
returned.
(5) Where the application made by the plaintiff under sub-rule _(2)_ is allowed by the Court, the
plaintiff shall not be entitled to appeal against the order returning the plaint.
**10B. Power of appellate Court to transfer suit to the proper Court.—** _(1)_ Where, on an
appeal against an order for the return of plaint, the Court hearing the appeal confirms such order, the
Court of appeal may, if the plaintiff by an application so desires, while returning the plaint, direct
plaintiff to file the plaint, subject to the provisions of the Limitation Act, 1963 (36 of 1963), in the
Court in which the suit should have been instituted, (whether such Court is within or without the State
in which the Court hearing the appeal is situated), and fix a date for the appearance of the parties in the
Court in which the plaint is directed to be filed and when the date is so fixed it shall not be necessary
for the Court in which the plaint is filed to serve the defendant with the summons for appearance in the
suit, unless that Court in which the plaint is filed, for reasons to be recorded, otherwise directs.
(2) The direction made by the Court under sub-rule (1) shall be without any prejudice to the rights of
the parties to question the jurisdiction of the Court, in which the plaint is filed, to try the suit.]
**11. Rejection of plaint.— The plaint shall be rejected in the following cases:—**
(a) where it does not disclose a cause of action;
1. Ins. by s. 57, ibid. (w.e.f. 1-2-1977).
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(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to
correct the valuation within a time to be fixed by the Court, fails to do so;
(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently
stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a
time to be fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be barred by any law;
1[(e) where it is not filed in duplicate;]
2[(f) where the plaintiff fails to comply with the provisions of rule 9:]
3[Provided that the time fixed by the Court for the correction of the valuation or supplying of the
requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that
the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or
supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that
refusal to extend such time would cause grave injustice to the plaintiff.]
**12. Procedure on rejecting plaint.—Where** a plaint is rejected the Judge shall record an order to that
effect with the reasons for such order.
**13. Where rejection of plaint does not preclude presentation of fresh plaint.—The** rejection of
the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff
from presenting a fresh plaint in respect of the same cause of action.
_Documents relied on in plaint_
**4[14. Production of document on which plaintiff sues or relies.—(1) Where a plaintiff sues upon a**
document or relies upon document in his possession or power in support of his claim, he shall enter such
documents in a list, and shall produce it in Court when the plaint is presented by him and shall, at the
same time deliver the document and a copy thereof, to be filed with the plaint.
(2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever
possible, state in whose possession or power it is.
5[(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or
to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly,
shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.]
(4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiffs
witnesses, or handed over to a witness merely to refresh his memory.]
**15. [Statement in case of documents not in plaintiff possession or powers.] omitted by Act 46 of 1999**
s. 17 (w.e.f. 1-7-2002).
**16. Suits on lost negotiable instruments.—Where the suit is founded upon a negotiable instrument,**
and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of
the Court, against the claims of any other person upon such instrument, the Court may pass such decree as
it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented,
and had at the same time delivered a copy of the instrument to be filed with the plaint.
**17. Production of shop-book.—(1) Save in so far as is otherwise provided by the Bankers’ Books Evidence**
Act, 1891 (XVIII of 1891), where the document on which the plaintiff sues is an entry in a shop-book or other
account in his possession or power, the plaintiff shall produce the book or account at the time of filing the plaint,
together with a copy of the entry on which he relies.
1. Ins. by Act 46 of 1999, s. 17 (w.e.f. 1-7-2002).
2. Subs. by Act 22 of 2002, s. 8, for sub-clauses (f) and (g) (w.e.f. 1-7-2002).
3. Added by Act 104 of 1976, s. 57 (w.e.f. 1-2-1977).
4. Subs. by Act 46 of 1999, s. 17, for rule 14 (w.e.f. 1-7-2002).
5. Subs. by Act 22 of 2002, s. 8, for sub-rule (3) (w.e.f. 1-7-2002).
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(2) **Original entry to be marked and returned.—The Court or such officer as it appoints in this behalf, shall**
forthwith mark the document for the purpose of identification; and, after examining and comparing the copy with
the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be
filed.
**18. [Inadmissibility of document not produced when plaint filed.] omitted by Act 22 of 2002, s. 8 (w. e. f. 1-7-**
2002).
**______**
ORDER VIII
1[Written statement, set-off and counter-claim]
2[1. **Written Statement.—The** Defendant shall, within thirty days from the date of service of
summons on him, present a written statement of his defence:
Provided that where the defendant fails to file the written statement within the said period of thirty
days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons
to be recorded in writing, but which shall not be later than ninety days from the date of service of
summons.]
*[Provided that where the defendant fails to file the written statement within the said period of thirty
days, he shall be allowed to file the written statement on such other day, as may be specified by the Court,
for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall
not be later than one hundred twenty days from the date of service of summons and on expiry of one
hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the
written statement and the Court shall not allow the written statement to be taken on record.]
**STATE AMENDMENTS**
**Jammu and Kashmir and Ladakh (UTs). —**
**In Rule 1, for the proviso thereto, substitute the following proviso, namely,-**
Provided that where the defendant fails to file the written statement with the said period of thirty days,
he shall be allowed to file the written statement on such other day, as may be specified by the court, for
reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not
be later than one hundred twenty days from the date of service of summons and on expiry of one hundred
twenty days from the date of service of summons, the defendant shall forfeit the right to file the written
statement and the court shall not allow the written statement to be taken on record.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020,
notification No. S.O. 1123(E) dated (18-3-2020) and _vide Union Territory of Ladakh Reorganisation_
_(Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]._
**3[1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by**
**him.—(1) Where the defendant bases his defence upon a document or relies upon any document in his**
possession or power, in support of his defence or claim for set-off or counter-claim, he shall enter such
document in a list, and shall produce it in Court when the written statement is presented by him and shall, at
the same time, deliver the document and a copy thereof, to be filed with the written statement.
(2) Where any such document is not in the possession or power of the defendant, he shall, wherever
possible, state in whose possession or power it is.
1. Subs. by Act 104 of 1976, s. 58, for the former heading (w.e.f. 1-2-1977).
2. Subs. by Act 22 of 2002, s. 9, for rule 1 (w.e.f 1-7-2002).
3. Ins. by Act 46 of 1999, s.18 (w.e.f. 1-7-2002).
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1[(3) A document which ought to be produced in Court by the defendant under this rule, but, is not so
produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of
the suit.]
(4) Nothing in this rule shall apply to documents—
(a) produced for the cross-examination of the plaintiff's witnesses, or
(b) handed over to a witness merely to refresh his memory.]
**2. New facts must be specially pleaded.—The** defendant must raise by his pleading all matters which
show the suit not be maintainable, or that the transaction is either void or voidable in point of law, and all
such grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or would
raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment,
performance, or facts showing illegality.
**3. Denial to be specific.—It shall not be sufficient for a defendant in his written statement to deny**
generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each
allegation of fact of which he does not admit the truth, except damages.
*[3A. Denial by the defendant in suits before the Commercial Division of the High Court or the
**Commercial Court.— (1) Denial shall be in the manner provided in sub-rules (2), (3), (4) and (5) of this**
Rule.
(2) The defendant in his written statement shall state which of the allegations in the particulars of
plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to
prove, and which allegations he admits.
(3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so
and if he intends to put forward a different version of events from that given by the plaintiff, he must state
his own version.
(4) If the defendant disputes the jurisdiction of the Court he must state the reasons for doing so, and if
he is able, give his own statement as to which Court ought to have jurisdiction.
(5) If the defendant disputes the plaintiff’s valuation of the suit, he must state his reasons for doing so,
and if he is able, give his own statement of the value of the suit.]
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).―**
**After Rue 3, insert the following Rule, namely,-**
**“3A. Denial by the defendant in suits.—(1) Denial shall be in the manner provided in sub-rules (2),**
(3), (4) and (5) of this rule.
(2) The defendant in his written statement shall state which of the allegations in the particulars of
plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to
prove, and which allegations he admits.
(3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so
and if he intends to put forward a different version of events from that given by the plaintiff, he must state
his own version.
(4) If the defendant disputes the jurisdiction of the court he must state the reasons for doing so, and if
he is able, give his own statement as to which court ought to have jurisdiction.
(5) If the defendant disputes the plaintiff valuation of the suit, he must state his reasons for doing so,
and if he is able, give his own statement of the value of the suit.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
_Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]._
1. Subs. by Act 22 of 2002, s. 9, for sub-rule (3) (w.e.f. 1-7-2002).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
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**4. Evasive-denial.—Where** a defendant denies an allegation of fact in the plaint, he must not do so
evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of
money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he
received that sum or any part thereof, or else set out how much he received. And if an allegation is made
with diverse circumstances, it shall not be sufficient to deny it along with those circumstances.
**5. Specific denial.—[1][(1)] Every allegation of fact in the plaint, if not denied specifically or by**
necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be
admitted except as against a person under disability:
Provided that the Court may in its discretion require any fact so admitted to be proved otherwise than
by such admission:
*[Provided further that every allegation of fact in the plaint, if not denied in the manner provided
under Rule 3A of this Order, shall be taken to be admitted except as against a person under disability.]
2[(2) Where the defendant has not filed a pleading, it shall be lawful for the court to pronounce
judgment on the basis of the facts contained in the plaint, except as against a person under a disability, but
the Court may, in its discretion, require any such fact to be proved.
(3) In exercising its discretion under the proviso to sub-rule (1) or under sub-rule (2), the Court shall
have due regard to the fact whether the defendant could have, or has, engaged a pleader.
(4) Whenever a judgment is pronounced under this rule, a decree shall be drawn up in accordance
with such judgment and such decree shall bear the date on which the judgment was pronounced.]
**STATE AMENDMENT**
**Jammu and Kashmir** **and Ladakh (UTs).—**
**In Rule 5, in sub-rule (1) after first proviso thereto, insert the following proviso, namely:-**
Provided further, that every allegation of fact in the plaint, if not denied in the manner provided
under Rue 3-A of this order, shall be taken to be admitted except as against a person under disability.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
_Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]._
**6. Particulars of set-off to be given in written statement.—(1) Where in a suit for the recovery of**
money the defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally
recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and
both parties fill the same character as they fill in the plaintiff's suit, the defendant may, at the first hearing of
the suit, but not afterwards unless permitted by the Court, presents a written statement containing the
particulars of the debt sought to be set-off.
(2) Effect of set-off.—The written statement shall have the same effect as a plaint in a cross-suit so as
to enable the court to pronounce a final judgment in respect both of the original claim and of the set-off:
but this shall not affect the lien, upon the amount decreed, of any pleader in respect of the costs payable to
him under the decree.
(3) The rules relating to a written statement by a defendant apply to a written statement in answer to a
claim of set-off.
_Illustrations_
(a) A bequeaths Rs. 2,000 to B and appoints C his executor and residuary legatee. B dies and D takes out administration
to B's effects, C pays Rs, 1,000 as surety for D; then D sues C for the legacy. C cannot set-off the debt of Rs. 1,000
against the legacy, for neither C nor D fills the same character with respect to the legacy as they fill with respect to
the payment of the Rs. 1,000.
(b) A dies intestate and in debt to B. C takes out administration to A’s effects and B buys part of the effects from C.
In a suit for the purchase-money by C against B, the latter cannot set-off the debt against the price, for C fills
two different characters, one as the vendor to B, in which he sues B, and the other as representative to A.
(c) A sues B on a bill of exchange. B alleges that A has wrongfully neglected to insure B's goods and is liable to him in
compensation which he claims to set-off. The amount not being ascertained cannot be set-off.
1. Rule 5 renumbered as sub-rule (I) by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977).
2. Ins. by s. 58, ibid. (w.e.f. 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).
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(d) A sues B on a bill of exchange for Rs. 500. B holds a judgment against A for Rs. 1,000. The two claims being both definite
pecuniary demands may be set-off.
(e) A sues B for compensation on account of trespass. B hold a promissory note for Rs. 1,000 from A and claims to set-off that
amount against any sum that A may recover in the suit. B may do so, for, as soon as A recovers, both sums are definite
pecuniary demands.
(f) A and B sue C for Rs. 1,000. C cannot set-off a debt due to him by A alone.
(g) A sues B and C for Rs. 1,000. B cannot set-off a debt due to him alone by A.
(h) A owes the partnership firm of B and C Rs. 1,000. B dies, leaving C surviving. A sues C for a debt for Rs. 1,500 due in his
separate character. C may set-off the debt of Rs. 1,000.
**1[6A.** **Counter-claim by defendant.—(1) A defendant in a suit may, in addition to his right of**
pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, any
right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before
or after the filing of the suit but before the defendant has delivered his defence or before the time limited
for delivering his defence has expired, whether such counter-claim is in the nature of a claim for
damages or not:
Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the
court.
(2) Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pro
nounce a final judgment in the same suit, both on the original claim and on the counter-claim.
(3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the
defendant within such period as may be fixed by the court.
(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.
**6B.** **Counter-claim to be stated.— Where any defendant seeks to rely upon any ground as support-**
ing a right of counter-claim, he shall, in his written statement, state specifically that he does so by way of
counter-claim.
**6C.** **Exclusion of counter-claim.—Where** a defendant sets up a counter-claim and the plaintiff con
tends that the claim thereby raised ought not to be disposed of by way of counter-claim but in an independent suit, the plaintiff may, at any time before issues are settled in relation to the counter-claim, apply to
the Court for an order that such counter-claim may be excluded, and the Court may, on the hearing of
such application make such order as it thinks fit.
**6D.** **Effect of discontinuance of suit.— If in any case in which the defendant sets up a counterclaim,**
the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be
proceeded with.
**6E.** **Default of plaintiff to reply to counter-claim.—If the plaintiff makes default in putting in a**
reply to the counter-claim made by the defendant, the Court may pronounce judgment against the plaintiff
in relation to the counter-claim made against him, or make such order in relation to the counter-claim as it
thinks fit.
**6F.** **Relief to defendant where counter-claim succeeds.—Where** in any suit a set-off or counter
claim is established as a defence against the plaintiff’s claim and any balance is found due to the
plaintiff or the defendant, as the case may be. the Court may give judgment to the party entitled to
such balance.
**6G.** **Rules relating to written statement to apply.—The** rules relating to a written statement by a
defendant shall apply to a written statement filed in answer to a counter-claim.]
**7.** **Defence or set-off founded upon separate grounds.—Where** the defendant relies upon several
distinct grounds of defence or set-off [1][or counter-claim] founded upon separate and distinct facts, they
shall be stated, as far as may be, separately and distinctly.
**8. New ground of defence.—Any** ground of defence which has arisen after the institution of the suit
or the presentation of a written statement claiming a set-off [1][or counter-claim] may be raised by the
defendant or plaintiff, as the case may be, in his written statement.
**8A. [Duty of defendant to produce documents upon which relief is claimed by him.] omitted by Act**
46 of 1999, s. 18 (w.e.f. 1-7-2002).
**2[9. Subsequent pleadings.—No** pleading subsequent to the written statement of a defendant other
than by way of defence to set-off or counter-claim shall be presented except by the leave of the Court
1. Ins. by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977).
2. Subs. by Act 22 of 2002, s. 9, for rules 9 and 10 (w.e.f. 1-7-2002).
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and upon such terms as the Court thinks fit; but the Court may at any time require a written statement or
additional written statement from any of the parties and fix a time of not more than thirty days for
presenting the same.
**10. Procedure when party fails to present written statement called for by Court.—Where** any
party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the
time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him,
or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a
decree shall be drawn up:]
*[Provided further that no Court shall make an order to extend the time provided under Rule 1 of this
Order for filing of the written statement.]
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).―**
**In Rule 10, insert the following proviso, namely:-**
Provided that no court shall make an order to extend the time provided under Rule 1 of this order for
filing of the written statement.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
_Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]._
**______**
**ORDER IX**
_Appearance of parties and consequence of non-appearance_
**1. Parties to appear on day fixed in summons for defendant to appear and answer.—On** the day
fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the
Court-house in person or by their respective pleaders, and the suit shall then be heard unless the hearing is
adjourned to a future day fixed by the Court.
**1[2. Dismissal of suit where summons not served in consequence of plaintiff's failure to pay**
**costs.—Where on the day so fixed it is found that summons has not been served upon the defendant in**
consequence of the failure of the plaintiff to pay the court-fee or postal charges, if any, chargeable for
such service, or failure to present copies of the plaint as required by rule 9 of Order VII, the Court may
make an order that the suit be dismissed:
Provided that no such order shall be made, if notwithstanding such failure, the defendant attends in
person or by agent when he is allowed to appear by agent on the day fixed for him to appear and answer.]
**3. Where neither party appears suit to be dismissed.—Where** neither party appears when the suit
is called on for hearing, the court may make an order that the suit be dismissed.
**4.** **Plaintiff may bring fresh suit or Court may restore suit to file.—Where** a suit is dismissed
under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may
apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for
2[such failure as is referred to in rule 2], or for his non-appearance, as the case may be, the Court shall
make an order setting aside the dismissal and shall appoint a day for proceeding with the suit.
**5. Dismissal of suit where plaintiff after summons returned unserved, fails for** [3][seven days] to
**apply for fresh summons. —[4][(1) Where after a summons has been issued to the defendant, or to one of**
several defendants, and returned unserved, the plaintiff fails, for a period of [1][seven days] from the date of
the return made to the Court by the officer ordinarily certifying to the Court returns made by the serving
officers, to apply for the issue of a fresh summons the Court shall make an order that the suit be dismissed as
against such defendant, unless the plaintiff has within the said period satisfied the Court that—
1. Subs. by s. 10, ibid., for rule 2 (w.e.f. 1-7-2002).
2. Subs. by Act 104 of 1976 s. 59, for certain words (w.e.f. 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
3. Subs. by Act 46 of 1999, s. 19, for “one month” (w.e.f 1-7-2002).
4. Subs. by Act 24 of 1920 s. 2, for sub-rule (1).
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(a) he has failed after using his best endeavours to discover the residence of the defendant, who
has not been served, or
(b) such defendant is avoiding service of process, or
(c) there is any other sufficient cause for extending the time,
in which case the Court may extend the time for making such application for such period as it thinks fit.]
(2) In such case the plaintiff may (subject to the law of limitation) bring a fresh suit.
**6. Procedure when only plaintiff appears.—(1) Where the plaintiff appears and the defendant does**
not appear when the suit is called on for hearing, then—
1[(a) When summons duly served.—if it is proved that the summons was duly served, the Court
may make an order that the suit shall be heard ex parte;]
(b) When summons not duly served.—if it is not proved that the summons was duly served, the
Court shall direct a second summons to be issued and served on the defendant;
(c) When summons served but not in due time.—if it is proved that the summons was served
on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed in the
summons,
the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct
notice of such day to be given to the defendant.
(2) Where it is owing to the plaintiff’s default that the summons was not duly served or was not served
in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement.
**7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for**
**previous non-appearance.—Where the Court has adjourned the hearing of the suit,** _ex parte, and the_
defendant, at or before such hearing appears and assigns good cause for his previous non-appearance, he may,
upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had
appeared on the day fixed for his appearance.
**8. Procedure where defendant only appears.—Where the defendant appears and the plaintiff does**
not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed,
unless the defendant admits the claim, or part thereof, in which case the Court shall pass a decree against
the defendant upon such admission, and where part only of the claim has been admitted, shall dismiss the
suit so far as it relates to the remainder.
**9.** **Decree against plaintiff by default bars fresh suit.—(1) Where a suit is wholly or partly dis-**
missed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause
of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there
was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make
an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit, and shall
appoint a day for proceeding with the suit.
(2) No order shall be made under this rule unless notice of the application has been served on the
opposite party.
**10. Procedure in case of non-attendance of one or more of several plaintiff's.—Where** there are
more plaintiffs than one, and one or more of them appear, and the others do not appear, the Court may, at
the instance of the plaintiff or plaintiff’s appearing, permit the suit to proceed in the same way as if all the
plaintiff’s had appeared, or make such order as it thinks fit.
**11. Procedure in case of non-attendance of one or more of several defendants.—Where** there are
more defendants than one, and one or more of them appear, and the others do not appear, the suit shall
proceed, and the Court shall, at the time of pronouncing judgment, make such order as it thinks fit with
respect to the defendants who do not appear.
**12. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear**
**in person.—Where** a plaintiff or defendant, who has been ordered to appear in person, does not appear in
person, or show sufficient cause to the satisfaction of the court for failing so to appear, he shall be subject
to all provisions of the foregoing rules applicable to plaintiffs and defendants, respectively who do not
appear.
1. Subs. by Act 104 of 1976, s. 59, for cl. (a) (w.e.f 1-2-1977).
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_Setting aside Decrees ex parte_
**13. Setting aside decree** **_ex parte_** **against defendant.—In any case in which a decree is passed**
_ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set_
it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by
any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an
order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise
as it thinks fit, and shall appoint a day for proceeding with the suit:
Provided that where the decree is of such a nature that it cannot be set aside as against such defendant
only it may be set aside as against all or any of the other defendants also:
1[Provided further than no Court shall set aside a decree passed _ex parte merely on the ground that_
there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of
the date of hearing and had sufficient time to appear and answer the plaintiff's claim.]
2[Explanation.—Where there has been an appeal against a decree passed ex parte under this rule, and
the appeal has been disposed of an any ground other than the ground that the appellant has withdrawn the
appeal, no application shall lie under this rule for setting aside that ex parte decree.]
**14. No decree to be set aside without notice to opposite party.—No** decree shall be set aside on
any such application as aforesaid unless notice thereof has been served on the opposite party.
**ORDER X**
_Examination of parties by the court_
**1. Ascertainment whether allegations in pleadings are admitted or denied.—At** the first hearing
of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such
allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are
not expressly or by necessary implication admitted or denied by the party against whom they are made.
The Court shall record such admissions and denials.
**3[1A. Direction of the court to opt for any one mode of alternative dispute resolution.—After**
recording the admissions and denials, the court shall direct the parties to the suit to opt either mode of the
settlement outside the court as specified in sub-section (1) of section 89. On the option of the parties, the
court shall fix the date of appearance before such forum or authority as may be opted by the parties.
**1B. Appearance before the conciliatory forum or authority.—Where** a suit is referred under rule
1A, the parties shall appear before such forum or authority for conciliation of the suit.
**1C.** **Appearance before the court consequent to the failure of efforts of conciliation.—Where** a suit is
referred under rule 1A, and the presiding officer of conciliation forum or authority is satisfied that it
would not be proper in the interest of justice to proceed with the matter further, then, it shall refer the
matter again to the court and direct the parties to appear before the court on the date fixed by it.]
**4[2. Oral examination of party, or companion of party.—(1)** At the first hearing of the suit, the Court—
(a) shall, with a view to elucidating matters in controversy in the suit examine orally such of the
parties to the suit appearing in person or present in Court, as it deems fit; and
(b) may orally examine any person, able to answer any material question relating to the suit, by
whom any party appearing in person or present in Court or his pleader is accompanied.
(2) At any subsequent hearing, the Court may orally examine any party appearing in person or
present in Court, or any person, able to answer any material question relating to the suit, by whom such
party or his pleader is accompanied.
(3) The Court may, if it thinks fit, put in the course of an examination under this rule questions
suggested by either party.]
1. The proviso added by Act 104 of 1976, s. 59 (w.e.f. 1-2-1977).
2. Explanation ins. by s. 59, ibid. (w.e.f. 1-2-1977).
3. Ins. by Act 46 of 1999, s. 20 (w.e.f. 1-7-2002).
4. Subs. by Act 104 of 1976, s. 60, for rule 2 (w.e.f. 1-2-1977).
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13. Substance of examination to be written.—The substance of the examination shall be reduced
to writing by the Judge, and shall form part of the record.
**4. Consequence of refusal or inability of pleader to answer.—(1) Where the pleader of any party**
who appears by a pleader or any such person accompanying a pleader as is referred to in rule 2, refuses
or is unable to answer any material question relating to the suit which the Court is of opinion that the
party whom he represents ought to answer, and is likely to be able to answer if interrogated in person,
the Court [2][may postpone the hearing of the suit to a day not later than seven days from the date of first
hearing] and direct that such party shall appear in person on such day.
(2) If such party fails without lawful excuse to appear in person on the day so appointed, the Court
may pronounce judgment against him, or make such order in relation to the suit as it thinks fit.
**______**
**ORDER XI**
_Discovery and Inspection_
**1. Discovery by interrogatories.—In** any suit the plaintiff or defendant by leave of the Court may deliver
interrogatories in writing for the examination of the opposite parties or any one or more of such parties and
such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories
each of such person is required to answer: Provided that no party shall deliver more than one set of
interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do
not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be
admissible on the oral cross-examination of a witness.
**2. Particular interrogatories to be submitted.—On** an application for leave to deliver interrogatories,
the particular interrogatories proposed to be delivered shall be submitted to the Court [3][and that court shall
decide within seven days from the day of filing of the said application]. In deciding upon such application,
the Court shall take into account any offer, which may be made by the party sought to be interrogated to
deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or
any of them, and leave shall be given as to such only of the interrogatories submitted as the Court shall
consider necessary either for disposing fairly of the suit or for saving costs.
**3. Costs of interrogatories.—In adjusting the costs of the suit inquiry shall at the instance of any**
party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing
officer or of the Court, either with or without an application for inquiry, that such interrogatories have
been exhibited unreasonably, vexatiously, or at improper length, the cost occasioned by the
interrogatories and the answers thereto shall be paid in any even by the party in fault.
**4. Form of interrogatories.—Interrogatories** shall be in Form No. 2 in Appendix C, with such
variations as circumstances may require.
**5. Corporations.—Where** any party to a suit is a corporation or a body of persons, whether
incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any
officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories
to any member or officer of such corporation or body, and an order may be made accordingly.
**6. Objections to interrogatories by answer.—Any** objection to answering any interrogatory on the
ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the
matters inquired into are not sufficiently material at that stage, [4][or on the ground of privilege or any
other ground], may be taken in the affidavit in answer.
**7.** **Setting aside and striking out interrogatories.—Any** interrogatories may be set aside on the
ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they
are prolix, oppressive, unnecessary or scandalous; and any application for this purpose may be made
within seven days after service of the interrogatories.
**8. Affidavit in answer, filing.—Interrogatories** shall be answered by affidavit to be filed within ten
days or within such other time as the Court may allow.
1. This rule is not applicable to the Chief Court of Oudh, see the Oudh Court Act, 1925 (U.P. 4 of 19[.]25), s. 16(2).
2. Subs. by Act 46 of 1999, s. 20, for certain words (w.e.f. 1-7-2002).
3. Ins. by s. 21, ibid. (w.e.f. 1-7-2002).
4. Subs. by Act 104 of 1976, s. 61, for certain words (w.e.f. 1-2-1977).
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**9. Form of affidavit in answer.—An** affidavit in answer to interrogatories shall be in Form No. 3 in
Appendix C, with such variations as circumstances may require.
**10. No exception to be taken.—No** exceptions shall be taken to any affidavit in answer, but the
sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the
Court.
**11. Order to answer or answer further.—Where** any person interrogated omits to answer, or
answer insufficiently, the party interrogating may apply to the Court for an order requiring him to
answer, or to answer further, as the case may be. And an order may be made requiring him to answer or
answer further, either by affidavit or by viva voce examination, as the Court may direct.
**12. Application for discovery of documents.—Any** party may, without filing any affidavit, apply to
the Court for an order directing any other party to any suit to make discovery on oaths, of the documents
which are or have been in his possession or power, relating to any matter in question therein. On the
hearing of such application the Court may either refuse or adjourn the same, if satisfied that such
discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally
or limited to certain classes of documents, as may, in its discretion be thought fit: Provided that
discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary
either for disposing fairly of the suit or for saving costs.
**13.** **Affidavit of documents.—The** affidavit to be made by a party against whom such order as is
mentioned in the last preceding rule has been made, shall specify which (if any) of the documents therein
mentioned he objects to produce, and it shall be in Form No. 5 in Appendix C, with such variations as
circumstances may require.
**14. Production of documents.—It shall be lawful for the Court, at any time during the pendency of**
any suit, to order the production by any party thereto, upon oath, of such of the documents in his
possession or power, relating to any matter in question in such suit, as the Court shall think right; and the
Court may deal with such documents, when produced, in such manner as shall appear just.
**15. Inspection of documents referred to in pleadings or affidavits.—Every** party to a suit shall be
entitled [1][at or before the settlement of issues] to give notice to any other party, in whose pleadings or
affidavits reference is made to any document, [2][or who has entered any document in any list annexed to
his pleadings,] to produce such document for the inspection of the party giving such notice, or of his
pleader, and to permit him or them to take copies thereof; and any party not complying with such notice
shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless
he shall satisfy the Court that such document relates only to his own title, he being a defendant to the
suit, or that he had some other cause or excuse which the Court shall deem sufficient for not complying
with such notice, in which case the Court may allow the same to be put in evidence on such terms as to
costs and otherwise as the Court shall think fit.
**16. Notice to produce.—Notice** to any party to produce any documents referred to in his pleading or
affidavits shall be in Form No. 7 in Appendix C, with such variations as circumstances may require.
**17.** **Time for inspection when notice given.—The** party to whom such notice is given shall, within
ten days from the receipt of such notice, deliver to the party giving the same a notice stating a time within
three days from the delivery thereof at which the documents, or such of them as he does not object to
produce, may be inspected at the office of his pleader, or in the case of bankers' books or other books of
account or books in constant use for the purposes of any trade or business, at their usual place of custody,
and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall
be in Form No. 8 in Appendix C; with such variations as circumstances may require.
1. Subs. by Act 46 of 1999, s. 21, for “at any time” (w.e.f. 1-7-2002).
2. Ins. by Act 104 of 1976, s. 61 (w.e.f. 1-2-1977).
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**18. Order for inspection.—(1) Where the party served with notice rule 15 omits to give such notice**
of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of
his pleader, the Court may, on the application of the party desiring it, make an order for inspection in such
place and in such manner as it may think fit: Provided that the order shall not be made when and so far as
the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving
costs.
(2) Any application to inspect documents, except such as are referred to in the pleadings, particulars
or affidavit of the party against whom the application is made or disclosed in his affidavit of documents,
shall be founded upon an affidavit showing of what documents inspection is sought, that the party
applying is entitled to inspect them, and that they are in the possession or power of the other party. The
Court shall not make such order for inspection of such documents when and so far as the Court shall be of
opinion that it is not necessary either for disposing fairly of the suit or for saving costs.
**19. Verified copies.—(1) Where inspection of any business books is applied for, the Court may, if it**
thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be
furnished and verified by the affidavit of some person who has examined the copy with the original
entries, and such affidavit shall state whether or not there are in the original book any and what erasures,
interlineations or alterations: Provided that, notwithstanding that such copy has been supplied, the Court
may order inspection of the book from which the copy was made.
(2) Where on an application for an order for inspection privilege is claimed for any document, it shall
be lawful for the Court to inspect the document for the purpose of deciding as to the validity of the claim
of privilege [1][unless the document relates to matters of State.]
(3) The Court may, on the application of any party to suit at any time, and whether an affidavit of
documents shall or shall not have already been ordered or made, make an order requiring any other
party to state by affidavit whether any one or more specific documents, to be specified in the
application, is or are, or has or have at any time been, in his possession or power; and, if not then in
his possession, when he parted with the same and what has become thereof. Such application shall be
made on an affidavit stating that in the belief of the deponent the party against whom the application
is made has, or has at some time had in his possession or power the document or documents specified
in the application, and that they relate to the matters in question in the suit, or to some of them.
**20.** **Premature discovery.—Where** the party from whom discovery of any kind or inspection is
sought objects to the same, or any part thereof, the Court may, if satisfied that the right to the discovery or
inspection sought depends on the determination of any issue or question in dispute in the suit, or that for
any other reason it is desirable that any issue or question in dispute in the suit should be determined
before deciding upon the right to the discovery or inspection, order that such issue or question be
determined first, and reserve the question as to the discovery or inspection.
**21. Non-compliance with order for discovery.—[2][(1)] Where any party fails to comply with any order to**
answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have his
suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any struck out, and to be
placed in the same position as if he had not defended, and the party interrogating or seeking discovery or
inspection may apply to the Court for an order to that effect and [3][an order may be made on such
application accordingly, after notice to the parties and after giving them a reasonable opportunity of being
heard.]
4[(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded
from bringing a fresh suit on the same cause of action.]
1. Ins. by Act 104 of 1976, s. 61 (w.e.f. 1-2-1977).
2. Rule 21 renumbered as sub-rule (1) by s. 61 (w.e.f. 1-2-19.77).
3. Subs. by Act 104 of 1976, s. 61, ibid. for “an order may be made accordingly” (w.e.f. 1-2-1977).
4. Ins. by s. 61, ibid. (w.e.f. 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
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**22. Using answer to interrogatories at trial.—Any** party may, at the trial of a suit, use in evidence
any one or more of the answers or any part of an answer of the opposite party to interrogatories without
putting in the others or the whole of such answer : Provided always that in such case the Court may look
at the whole of the answers, and if it shall be of opinion that any others of them are so connected with
those put in that the last-mentioned answer ought not to be used without them, it may direct them to be
put in.
**23. Order to apply to minors.—This** Order shall apply to minor plaintiffs and defendants, and to the
next friends and guardians for the suit of persons under disability.
______
*[ORDER XI
_Disclosure, Discovery and inspection of documents in suits before the commercial division of a high_
_court or a commercial court_
**1.** **Disclosure and discovery of documents.—(1) Plaintiff shall file a list of all documents and**
photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along
with the plaint, including:—
(a) documents referred to and relied on by the plaintiff in the plaint;
(b) documents relating to any matter in question in the proceedings, in the power, possession,
control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same
is in support of or adverse to the plaintiff’s case;
(c) nothing in this Rule shall apply to documents produced by plaintiffs and relevant only––
(i) for the cross-examination of the defendant’s witnesses, or
(ii) in answer to any case set up by the defendant subsequent to the filing of the plaint, or
(iii) handed over to a witness merely to refresh his memory.
(2) The list of documents filed with the plaint shall specify whether the documents in the power,
possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall
also set out in brief, details of parties to each document, mode of execution, issuance or receipt and line of
custody of each document.
(3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power,
possession, control or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings
initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does
not have any other documents in its power, possession, control or custody.
_Explanation.––A declaration on oath under this sub-rule shall be contained in the Statement of Truth_
as set out in the Appendix.
(4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the
above declaration on oath and subject to grant of such leave by Court, the plaintiff shall file such
additional documents in Court, within thirty days of filing the suit, along with a declaration on oath that
the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the
facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have
any other documents, in its power, possession, control or custody.
(5) The plaintiff shall not be allowed to rely on documents, which were in the plaintiff’s power,
possession, control or custody and not disclosed along with plaint or within the extended period set out
above, save and except by leave of Court and such leave shall be granted only upon the plaintiff
establishing reasonable cause for non-disclosure along with the plaint.
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(6) The plaint shall set out details of documents, which the plaintiff believes to be in the power,
possession, control or custody of the defendant and which the plaintiff wishes to rely upon and seek leave
for production thereof by the said defendant.
(7) The defendant shall file a list of all documents and photocopies of all documents, in its power,
possession, control or custody, pertaining to the suit, along with the written statement or with its counterclaim if any, including—
(a) the documents referred to and relied on by the defendant in the written statement;
(b) the documents relating to any matter in question in the proceeding in the power, possession,
control or custody of the defendant, irrespective of whether the same is in support of or adverse to the
defendant’s defence;
(c) nothing in this Rule shall apply to documents produced by the defendants and relevant only––
(i) for the cross-examination of the plaintiff’s witnesses,
(ii) in answer to any case set up by the plaintiff subsequent to the filing of the plaint, or
(iii) handed over to a witness merely to refresh his memory.
(8) The list of documents filed with the written statement or counterclaim shall specify whether the
documents, in the power, possession, control or custody of the defendant, are originals, office copies or
photocopies and the list shall also set out in brief, details of parties to each document being produced by
the defendant, mode of execution, issuance or receipt and line of custody of each document.
(9) The written statement or counterclaim shall contain a declaration on oath made by the deponent
that all documents in the power, possession, control or custody of the defendant, save and except for those
set out in sub-rule (7) (c) (iii) pertaining to the facts and circumstances of the proceedings initiated by the
plaintiff or in the counterclaim, have been disclosed and copies thereof annexed with the written
statement or counterclaim and that the defendant does not have in its power, possession, control or
custody, any other documents.
(10) Save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents,
which were in the defendant’s power, possession, control or custody and not disclosed along with the
written statement or counterclaim, save and except by leave of Court and such leave shall be granted only
upon the defendant establishing reasonable cause for non-disclosure along with the written statement or
counterclaim.
(11) The written statement or counterclaim shall set out details of documents in the power,
possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which have
not been disclosed with the plaint, and call upon the plaintiff to produce the same.
(12) Duty to disclose documents, which have come to the notice of a party, shall continue till disposal
of the suit.
**2. Discovery by interrogatories. — (1) In any suit the plaintiff or defendant by leave of the court**
may deliver interrogatories in writing for the examination of the opposite parties or any one or more of
such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of
such interrogatories each of such persons is required to answer:
Provided that no party shall deliver more than one set of interrogatories to the same party without an
order for that purpose:
Provided further that interrogatories which do not relate to any matters in question in the suit shall be
deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a
witness.
(2) On an application for leave to deliver interrogatories, the particular interrogatories proposed to be
delivered shall be submitted to the court, and that court shall decide within seven days from the day of
filing of the said application, in deciding upon such application, the court shall take into account any
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offer, which may be made by the party sought to be interrogated to deliver particulars, or to make
admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be
given as to such only of the interrogatories submitted as the court shall consider necessary either for
disposing fairly of the suit or for saving costs.
(3) In adjusting the costs of the suit inquiry shall at the instance of any party be made into the
propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the court,
either with or without an application for inquiry, that such interrogatories have been exhibited
unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the
answers thereto shall be paid in any event by the party in fault.
(4) Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil
Procedure, 1908, (5 of 1908) with such variations as circumstances may require.
(5) Where any party to a suit is a corporation or a body of persons, whether incorporated or not,
empowered by law to sue or be sued, whether in its own name or in the name of any officer of other
person, any opposite party may apply for an order allowing him to deliver interrogatories to any member
or officer of such corporation or body, and an order may be made accordingly.
(6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or
not exhibited _bona_ _fide for the purpose of the suit, or that the matters inquired into are not sufficiently_
material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in
answer.
(7) Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or
vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous and
any application for this purpose may be made within seven days after service of the interrogatories.
(8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time
as the court may allow.
(9) An affidavit in answer to interrogatories shall be in the form provided in Form No. 3 in
Appendix C to the Code of Civil Procedure, 1908, (5 of 1908), with such variations as circumstances may
require.
(10) No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any
such affidavit objected to as insufficient shall be determined by the court.
(11) Where any person interrogated omits to answer, or answers insufficiently, the party interrogating
may apply to the court for an order requiring him to answer, or to answer further, as the case may be, and
an order may be made requiring him to answer, or to answer further, either affidavit or by _viva voce_
examination, as the court may direct.
**3. Inspection. — (1) All parties shall complete inspection of all documents disclosed within thirty**
days of the date of filing of the written statement or written statement to the counterclaim, whichever is
later. The Court may extend this time limit upon application at its discretion, but not beyond thirty days in
any event.
(2) Any party to the proceedings may seek directions from the Court, at any stage of the proceedings,
for inspection or production of documents by the other party, of which inspection has been refused by
such party or documents have not been produced despite issuance of a notice to produce.
(3) Order in such application shall be disposed of within thirty days of filing such application,
including filing replies and rejoinders (if permitted by Court) and hearing.
(4) If the above application is allowed, inspection and copies thereof shall be furnished to the party
seeking it, within five days of such order.
(5) No party shall be permitted to rely on a document, which it had failed to disclose or of which
inspection has not been given, save and except with leave of Court.
(6) The Court may impose exemplary costs against a defaulting party, who wilfully or negligently
failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in
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their power, possession, control or custody or where a Court holds that inspection or copies of any
documents had been wrongfully or unreasonably withheld or refused.
**4. Admission and denial of documents. — (1) Each party shall submit a statement of admissions or**
denials of all documents disclosed and of which inspection has been completed, within fifteen days of the
completion of inspection or any later date as fixed by the Court.
(2) The statement of admissions and denials shall set out explicitly, whether such party was admitting
or denying:—
(a) correctness of contents of a document;
(b) existence of a document;
(c) execution of a document;
(d) issuance or receipt of a document;
(e) custody of a document.
_Explanation.––A statement of admission or denial of the existence of a document made in accordance_
with sub-rule (2) (b) shall include the admission or denial of the contents of a document.
(3) Each party shall set out reasons for denying a document under any of the above grounds and bare
and unsupported denials shall not be deemed to be denials of a document and proof of such documents
may then be dispensed with at the discretion of the Court.
(4) Any party may however submit bare denials for third party documents of which the party denying
does not have any personal knowledge of, and to which the party denying is not a party to in any manner
whatsoever.
(5) An Affidavit in support of the statement of admissions and denials shall be filed confirming the
correctness of the contents of the statement.
(6) In the event that the Court holds that any party has unduly refused to admit a document under any
of the above criteria, – costs (including exemplary costs) for deciding on admissibility of a document may
be imposed by the Court on such party.
(7) The Court may pass orders with respect to admitted documents including for waiver of further
proof thereon or rejection of any documents.
**5. Production of documents. — (1) Any party to a proceeding may seek or the Court may order, at**
any time during the pendency of any suit, production by any party or person, of such documents in the
possession or power of such party or person, relating to any matter in question in such suit.
(2) Notice to produce such document shall be issued in the Form provided in Form No. 7 in
Appendix C to the Code of Civil Procedure, 1908 (5 of 1908).
(3) Any party or person to whom such notice to produce is issued shall be given not less than seven
days and not more than fifteen days to produce such document or to answer to their inability to produce
such document.
(4) The Court may draw an adverse inference against a party refusing to produce such document after
issuance of a notice to produce and where sufficient reasons for such non-production are not given and
order costs.
**6. Electronic records. — (1) In case of disclosures and inspection of Electronic Records (as defined**
in the Information Technology Act, 2000 (21 of 2000)), furnishing of printouts shall be sufficient
compliance of the above provisions.
(2) At the discretion of the parties or where required (when parties wish to rely on audio or video
content), copies of electronic records may be furnished in electronic form either in addition to or in lieu of
printouts.
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(3) Where Electronic Records form part of documents disclosed, the declaration on oath to be filed by
a party shall specify––
(a) the parties to such Electronic Record;
(b) the manner in which such electronic record was produced and by whom;
(c) the dates and time of preparation or storage or issuance or receipt of each such electronic
record;
(d) the source of such electronic record and date and time when the electronic record was printed;
(e) in case of email ids, details of ownership, custody and access to such email ids;
(f) in case of documents stored on a computer or computer resource (including on external servers
or cloud), details of ownership, custody and access to such data on the computer or computer
resource;
(g) deponent’s knowledge of contents and correctness of contents;
(h) whether the computer or computer resource used for preparing or receiving or storing such
document or data was functioning properly or in case of malfunction that such malfunction did not
affect the contents of the document stored;
(i) that the printout or copy furnished was taken from the original computer or computer resource.
(4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not be
required to give inspection of electronic records, provided a declaration is made by such party that each
such copy, which has been produced, has been made from the original electronic record.
(5) The Court may give directions for admissibility of Electronic Records at any stage of the
proceedings.
(6) Any party may seek directions from the Court and the Court may of its motion issue directions for
submission of further proof of any electronic record including metadata or logs before admission of such
electronic record.
**7. Certain provisions of the Code of Civil Procedure, 1908 not to apply.—For avoidance of doubt,**
it is hereby clarified that Order XIII Rule 1, Order VII Rule 14 and Order VIII Rule 1A of the Code of
Civil Procedure, 1908 (5 of 1908) shall not apply to suits or applications before the Commercial Divisions
of High Court or Commercial Courts.]
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).―**
For Order XI of the Code, substitute the following Order, namely.–
“ORDER XI
DISCLOSURE, DISCOVERY AND INSPECTION OF DOCUMENTS
**1. Disclosure and discovery of documents.—(1) Plaintiff shall file a list of all documents and**
photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along
with the plaint, including:–
(a) documents referred and relied on by the plaintiff in the plaint;
(b) documents relating to any matter in question in the proceedings, in the power, possession, control
or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support
of or adverse to the plaintiffs case; and
(c) nothing in this rule shall apply to documents produced by plaintiffs and relevant only–
(i) for the cross-examination of the defendant‘s witnesses, or
(ii) in answer to any case setup by the defendant subsequent to the filing of the plaint, or
(iii) handed over to a witness merely to refresh his memory.
(2) The list of documents filed with the plaint shall specify whether the documents in the power,
possession, control or custody of the plaintiff are originals, office copies or photocopies and the list
shall also set out in brief, details of parties to each document, mode or execution, issuance or receipt
and line of custody of each document.
(3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power,
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possession, control, or custody of the plaintiff, pertaining to the facts and circumstances of the
proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that
the plaintiff does not have any other documents in its power, possession, control or custody.
_Explanation.— A declaration on oath under this sub-rule shall be contained in the Statement of Truth_
as set out in the Appendix I.
(4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of
the above declaration on oath and subject to grant of such leave by court, the plaintiff shall file such
additional documents in court, within thirty days of filing the suit, along with a declaration on oath that
the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the
facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have
any other documents, in its power, possession, control or custody.
(5) The plaintiff shall not be allowed to rely on documents, which were in the plaintiff’s power,
possession, control or custody and not disclosed along with plaint or within the extended period set out
above, save and except by leave of court and such leave shall be granted only upon the plaintiff
establishing reasonable cause for non-disclosure along with the plaint.
(6) The plaint shall set out details of documents, which the plaintiff believes to be in the power,
possession, control or custody or the defendant and which the plaintiff wishes to rely upon and seek
leave for production thereof by the said defendant.
(7) The defendant shall file a list of all documents and photocopies of all documents, in its power,
possession, control or custody, pertaining to the suit, along with the written statement or with its
counter-claim if any, including–
(a) the documents referred to and relied on by the defendant in the written statement;
(b) the documents relating to any matter in question in the proceeding in the power, possession,
control or custody of the defendant, irrespective of whether the same is in support of or adverse to
the defendant’s defense;
(c) nothing in this rule shall apply to documents produced by the defendants and relevant only–
(i) for the cross-examination of the plaintiff‘s witnesses;
(ii) in answer to any case setup by the plaintiff subsequent to the filing of the plaint; or
(iii) handed over to a witness merely to refresh his memory.
(8) The list of documents filed with the written statement or counter-claim shall specify whether
the documents, in the power, possession, control or custody of the defendant, are originals, office
copies or photocopies and the list shall also set out in brief, details of parties to each document being
produced by the defendant, mode of execution, issuance or receipt and line of custody of each
document.
(9) the written statement or counter-claim shall contain a declaration on oath made by the deponent
that all documents in the power, possession, control or custody of the defendant, save and except for
those set out in sub-rule (7) (c) (iii), pertaining to the facts and circumstances of the proceedings
initiated by the plaintiff or in the counter-claim, have been disclosed and copies thereof annexed with
the written statement or counter-claim and that the defendant does not have in its power, possession,
control or custody, any other documents.
(10) Save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents,
which were in the defendant‘s power, possession, control or custody and not disclosed along with the
written statement or counter-claim, save and except by leave of court and such leave shall be granted
only upon the defendant establishing reasonable cause for non-disclosure along with the written
statement or counter-claim.
(11) The written statement or counter-claim shall set out details of documents in the power,
possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which
have not been disclosed with the plaint, and call upon the plaintiff to produce the same.
(12) Duty to disclose documents, which have come to the notice of a party, shall continue till
disposal of the suit.
**2. Discovery by interrogatories.—(1) In any suit the plaintiff or defendant by leave of the court may**
deliver interrogatories in writing for the examination of the opposite parties or anyone or more of such
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parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such
interrogatories each of such persons is required to answer:
Provided that no party shall deliver more than one set of interrogatories to the same party without an
order for that purpose:
Provided further that interrogatories which do not relate to any matters in question in the suit shall be
deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a
witness.
(2) On an application for leave to deliver interrogatories, the particular interrogatories proposed to
be delivered shall be submitted to the court, and that court shall decide within seven days from the day
of filing of the said application, in deciding upon such application, the court shall take into account
any offer, which may be made by the party sought to be interrogated to deliver particulars, or to make
admissions, or to produce documents relating to the matters in question, or any of them, and leave
shall be given as to such only of the interrogatories submitted as the court shall consider necessary
either for disposing fairly of the suit or for saving costs.
(3) In adjusting the costs of the suit inquiry shall at the instance of any party be made into the
propriety
of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the court, either
with or without an application for inquiry, that such interrogatories have been exhibited unreasonably,
vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers
thereto shall be paid in any event by the party in fault.
(4) Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil
Procedure, 1908, with such variations as circumstances may require.
(5) Where any party to a suit is a corporation or a body of persons, whether incorporated or not,
empowered by law to sue or be sued, whether in its own name or in the name of any officer of other
person, any opposite party may apply for any order allowing him to deliver interrogatories to any
member or officer of such corporation or body, and an order may be made accordingly.
(6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or
not exhibited bona fide for the purpose of the suit, or that the matters required into are not sufficiently
material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in
answer.
(7) Any interrogatories may be set aside on the ground that they have been exhibited unreasonably
or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous
and any application for this purpose may be made within seven days after service of the
interrogatories.
(8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other
time as the court may allow.
(9) An affidavit in answer to interrogatories shall be in the form provided in Form No. 3 in
Appendix C to the Code of Civil Procedure, 1908, with such variations as circumstances may require.
(10) No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any
such affidavit objected to as insufficient shall be determined by the court.
(11) Where any person interrogated omits to answer, or answers insufficiently, the party
interrogating may apply to the court for an order requiring him to answer, or to answer further, as the
case may be, and an order may be made requiring him to answer, or to answer further, either affidavit
or by viva voce examination, as the court may direct.
**3. Inspection.–(1) All parties shall complete inspection of all documents disclosed within thirty days**
of the date of filing of the written statement or written statement to the counter-claim, whichever is later,
the court may extend this time limit upon application at its discretion, but not beyond thirty days in any
event.
(2) Any party to the proceedings may seek directions from the court, at any stage of the proceedings,
for inspection or production of documents by the other party, of which inspection has been refused by
such party or documents have not been produced despite issuance of a notice to produce.
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(3) Order in such application shall be disposed of within thirty days of filing such application,
including filing replies and rejoinders (if permitted by court) and hearing.
(4) If the above application is allowed, inspection and copies thereof shall be furnished to the party
seeking it, within five days of such order.
(5) No party shall be permitted to rely on a document, which it had failed to disclose or of which
inspection has not been given, save and except with leave of court.
(6) The Court may impose exemplary costs against a defaulting party, who willfully or negligently
failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in
their power, possession, control or custody or where a court holds that inspection or copies of any
documents had been wrongfully or unreasonably withheld or refused.
**4. Admission and denial of documents.—(1) Each party shall submit a statement of admissions or**
denials of all documents disclosed and of which inspection has been completed, within fifteen days of the
completion of inspection or any later date as fixed by the court.
(2) The statement of admissions and denials shall set out explicitly, whether such party was
admitting or denying:
(a) correctness of contents of a document;
(b) existence of a document;
(c) execution of a document;
(d) issuance or receipt of a document;
(e) custody of a document.
**_Explanation.—A statement of admission or denial of the existence of a document made in_**
accordance with clause (b) of sub-rule (2) shall include the admission or denial of the contents of a
document.
(3) Each party shall set out reasons for denying a document under any of the above grounds and
bare and unsupported denials shall not be deemed to be denials of a document and proof of such
documents may then be dispensed with at the direction of the court.
(4) Any party may however submit bare denials for third party documents of which the party
denying does not have any personal knowledge of, and to which the party denying is not a party to in
any manner whatsoever.
(5) An affidavit in support of the statement of admissions and denials shall be filed confirming the
correctness of the contents of the statement.
(6) In the event that the court holds that any party has unduly refused to admit a document under
any of the above criteria, costs (including exemplary costs) for deciding on admissibility of a
document may be imposed by the court on such party.
(7) The court may pass orders with respect to admitted documents including for waiver of further
proof thereon or rejection of any documents.
**5. Production of documents.—(1) Any party to a proceeding may seek or the court may order, at any**
time during the pendency of any suit, production by any party or person, of such documents in the
possession or power of such party or person, relating to any matter in question in such suit.
(2) Notice to produce such document shall be issued in the form provided in Form No. 7 in Appendix C to
the Code of Civil Procedure, 1908 (5 of 1908).
(3) Any party or person to whom such notice to produce is issued shall be given not less than seven days and
not more than fifteen days to produce such document or to answer to their inability to produce such document.
(4) The court may draw an adverse inference against a party refusing to produce such document after
issuance of a notice to produce and where sufficient reasons for such non-production are not given and
order costs.
**6. Electronic Records.—(1) In case of disclosures and inspection of electronic records as defined in**
the Information Technology Act, 2000 (21 of 2000), furnishing of printouts shall be sufficient compliance
of the above provisions.
(2) At the discretion of the parties or where required (when parties wish to rely on audio or video
content), copies of electronic records may be furnished in electronic form either in addition to or in
lieu of printouts.
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(3) Where electronic records form part of documents disclosed, the declaration on oath to be filed
by a party shall specify –
(a) the parties to such electronic record;
(b) the manner in which such electronic record was produced and by whom;
(c) the dates and time of preparation or storage or issuance or receipt of each such electronic
record;
(d) the source of such electronic record and date and time when the electronic record was
printed;
(e) in case of e-mail ids, details of ownership, custody and access to such e-mail ids;
(f) in case of documents stored on a computer or computer resource (including on external
servers or cloud), details of ownership, custody and access to such data on the computer or
computer resource;
(g) deponent‘s knowledge of contents and correctness of contents;
(h) whether the computer or computer resource used for preparing or receiving or storing such
document or data was functioning properly or in case of malfunction that such malfunction did not
affect the contents of the document stored;
(i) that the printout or copy furnished was taken from the original computer or computer
resource.
(4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not
be required to give inspection of electronic records, provided a declaration is made by such party that
each such copy, which has been produced, has been made from the original Electronic Records.
(5) The court may give directions for admissibility of electronic records at any stage of the
proceedings.
(6) Any party may seek directions from the court and the court may of its motion issue directions
for submission of further proof of any electronic record including metadata or logs before admission of
such electronic record.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
_Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]._
______
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ORDER XII
_Admissions_
**1. Notice of admission of case.—Any party** to a suit may give notice, by his pleading, or otherwise in
writing, that he admits the truth of the whole or any part of the case of any other party.
**2. Notice to admit documents.—Either** party may call upon the other party [1][to admit, within
2[seven] days from the date of service of the notice any document,] saving all exceptions; and in case of
refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the
party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise
directs; and no costs of proving any document shall be allowed unless such notice is given, except where
the omission to give the notice is, in the opinion of the Court, a saving of expense.
**3[2A. Document to be deemed to be admitted if not denied after service of notice to admit**
**documents.—(1) Every document which a party is called upon to admit, if not denied specifically or by**
necessary implication, or stated to be not admitted in the pleading of that party or in his reply to the notice
to admit documents, shall be deemed to be admitted except as against a person under a disability:
Provided that the Court may, in its discretion and for reasons to be recorded, require any document so
admitted to be proved otherwise than by such admission.
(2) Where a party unreasonably neglects or refuses to admit a document after the service on him of the
notice to admit documents, the Court may direct him to pay costs to the other party by way of
compensation.]
**3. Form of notice.—A** notice to admit documents shall be in Form No. 9 in Appendix C, with such
variations as circumstances may require.
**4[3A. Power of Court to record admission.—Notwithstanding** that no notice to admit documents
has been given under rule 2, the Court may, at any stage of the proceeding before it, of its own motion,
call upon any party to admit any document and shall, in such a case, record whether the party admits or
refuses or neglects to admit such document.]
**4. Notice to admit acts.—Any party, may, by notice in writing, at any time not later than nine days**
before the day fixed for the hearing, call on any other party to admit, for the purposes of the suit only, any
specific fact or facts, mentioned in such notice. And in case of refusal or neglect to admit the same within
six days after service of such notice, or within such further time as may be allowed by the Court, the costs
of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the
suit may be, unless the Court otherwise directs:
Provided that any admission made in pursuance of such notice is to be deemed to be made only for
the purposes of the particular suit, and not as an admission to be used against the party on any other
occasion or in favour of any person other than the party giving the notice:
5* - - -
**5. Form of admissions.—A notice to admit facts shall be in Form No. 10 in Appendix C, and admission** of
facts shall be in Form No. 11 in Appendix C, with such variations as circumstances may require.
**6[6.** **Judgment on admissions.—(1) Where admissions of fact have been made either in the pleading**
or otherwise; whether orally or in writing, the Court may at any stage of the suit, either on the application
of any party or of its own motion and without waiting for the determination of any other question[-]between
the parties, make such order or give such judgment as it may think fit, having regard to such admissions.
(2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be drawn up in accordance
with the judgment and the decree shall bear the date on which the judgment was pronounced.]
1. Subs. by Act 104 of 1976, s. 62, for “to admit any document” (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999, s. 22, for “fifteen” (w.e.f. 1-7-2002).
3. Ins. by Act 104 of 1976, s. 62 (w.e.f. 1-2-1977).
4. Ins. by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957).
5. Second proviso omitted by Act 46 of 1999, s. 22 (w.e.f. 1-7-2002).
6. Subs. by Act 104 of 1976, s. 62, for rule 6 (w.e.f 1-2-1977).
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**7.** **Affidavit of signature.—An** affidavit of the pleader or his clerk, of the due signature of any
admissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidenced of
such admissions, if evidence thereof is required.
**8.** **Notice to produce documents.—Notice** to produce documents shall be in Form No. 12 in
Appendix C, with such variations as circumstances may require. An affidavit of the pleader, or his clerk, of
the Service of any notice to produce, and of the time when it was served, with a copy of the notice to produce,
shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served.
**9.** **Costs.—If** a notice to admit or produce specifies documents which are not necessary, the costs
occasioned thereby shall be borne by the party giving such notice.
______
ORDER XIII
_Production, Impounding and Return of Documents_
1[1. Original documents to be produced at or before the settlement of issues.—(1) The parties or
their pleader shall produce on or before the settlement of issues, all the documentary evidence in original
where the copies thereof have been filed along with plaint or written statement.
(2) The Court shall receive the documents so produced:
Provided that they are accompanied by an accurate list thereof prepared in such form as the High
Court directs.
(3) Nothing in sub-rule (1) shall apply to documents—
(a) produced for the cross-examination of the witnesses of the other party; or
(b) handed over to a witness merely to refresh his memory.]
**2. [Effect of non-production of documents.]** _Rep. by the Code of Civil Procedure (Amendment) Act, 1999_
_(46 of 1999) s. 23 (w.e.f. 1-7-2002)._
**3. Rejection of irrelevant or inadmissible documents.—The** Court may at any stage of the suit reject
any document which it considers irrelevant or otherwise inadmissible, recording the grounds of such
rejection.
**4. Endorsements on documents admitted in evidence.—(1)** Subject to the provisions of the next
following sub-rule, there shall be endorsed on every document which has been admitted in evidence in the
suit the following particulars, namely:—
(a) the number and title of the suit,
(b) the name of the person producing the document,
(c) the date on which it was produced, and
(d) a statement of its having been so admitted,
and the endorsement shall be signed or initialled by the Judge.
(2) Where a document so admitted is an entry in a book, account or record, and a copy thereof has
been substituted for the original under the next following rule, the particulars aforesaid shall be endorsed
on the copy and the endorsement thereon shall be signed or initialled by the Judge.
**5. Endorsements on copies of admitted entries in books, accounts and records.—(1) Save in so**
far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (XVIII of 1891) where a
document admitted in evidence in the suit is an entry in a letter-book or a shop-book or other account in
current use, the party on whose behalf the book or account is produced may furnish a copy of the entry.
(2) Where such a document is an entry in a public record produced from a public office or by a public
officer, or an entry in a book or account belonging to a person other than a party on whose behalf the
book or account is produced, the Court may require a copy of the entry to be furnished—
1. Subs. by Act 46 of 1999, s. 23, for rules 1 and 2 (w.e.f. 1-7-2002).
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(a) where the record, book or account is produced on behalf of a party, then by that party, or
(b) where the record, book or account is produced in obedience to an order of the Court acting of
its own motion, then by either or any party.
(3) Where a copy of an entry is furnished under the foregoing provisions of this rule, the Court shall, after
causing the copy to be examined, compared and certified in manner mentioned in rule 17 of Order VII, mark
the entry and cause the book, account or record in which it occurs to be returned to the person producing it.
**6. Endorsements on documents rejected an inadmissible in evidence.—Where** a document relied
on as evidence by either party is considered by the Court to be inadmissible in evidence, there shall be
endorsed thereon the particulars mentioned in clauses (a), (b) and (c) of rule 4, sub-rule (1) together with
a statement of its having been rejected, and the endorsement shall be signed or initialled by the Judge.
7. **Recording of admitted and return of rejected documents.—(1)** Every documents which has
been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule
5, shall form part of the record of the suit.
(2) Documents not admitted in evidence shall not form part of the record and shall be returned to the
persons respectively producing them.
**8. Court may order any document to be impounded.—Notwithstanding** anything contained in rule
5 or rule 7 of this Order or in rule 17 of Order VII, the Court may, if it sees sufficient cause, direct any
document or book produced before it in any suit to be impounded and kept in the custody of an officer of
the Court, for such period and subject to such conditions as the Court thinks fit.
**9. Return of admitted documents.—(1) Any person, whether a party to the suit or not, desirous of**
receiving back any documents produced by him in the suit and placed on the record shall, unless the
document is impounded under rule 8, be entitled to receive back the same,—
(a) where the suit is one in which an appeal is not allowed, when the suit has been disposed of, and
(b) where the suit is one in which an appeal is allowed, when the Court is satisfied that the time
for preferring an appeal has elapsed and that no appeal has been preferred or, if an appeal has been
preferred, when the appeal has been disposed of:
1[Provided that a document may be returned at any time earlier then that prescribed by this rule if the
person applying therefor—
(a) delivers to the proper officer for being substituted for the original,—
(i) in the case of a party to the suit, a certified copy, and
(ii) in the case of any other person, an ordinary copy which has been examined, compared
and certified in the manner mentioned in sub-rule (2) of rule 17 of Order VII, and
(b) undertakes to produce the original, if required to do so:]
Provided also, that no document shall be returned with, by force of the decree, has become wholly
void or useless.
(2) On the return of a document admitted in evidence, a receipt shall be given by the person
receiving it.
**10. Court may send for papers from its own records or from other Courts.—(1)** The Court may
of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for,
either from its own records or from any other Court, the record of any other suit or proceeding, and
inspect the same.
(2) Every application made under this rule shall (unless the Court otherwise directs) be supported
by an affidavit showing how the record is material to the suit in which the application is made, and
that the applicant cannot without unreasonable delay or expense obtain a duly authenticated copy of
the record or of such portion thereof as the applicant requires, or that the production of the original is
necessary for the purposes of justice.
(3) Nothing contained in this rule shall be deemed to enable the Court to use in evidence any
document which under the law of evidence would be inadmissible in the suit.
1. Subs. by Act 104 of 1976, s. 63, for the First proviso (w.e.f. 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
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**11. Provisions as to documents applied to material objects.—The** provisions therein contained as
to documents shall, so far as may be, apply to all other material objects producible as evidence.
______
*[ORDER XIII-A
_Summary Judgment_
**1. Scope of and classes of suits to which this Order applies. —(1) This Order sets out the**
procedure by which Courts may decide a claim pertaining to any Commercial Dispute without recording
oral evidence.
(2) For the purposes of this Order, the word “claim” shall include—
(a) part of a claim;
(b) any particular question on which the claim (whether in whole or in part) depends; or
(c) a counterclaim, as the case may be.
(3) Notwithstanding anything to the contrary, an application for summary judgment under this Order
shall not be made in a suit in respect of any Commercial Dispute that is originally filed as a summary suit
under Order XXXVII.
**2. Stage for application for summary judgment.—An applicant may apply for summary judgment**
at any time after summons has been served on the defendant:
Provided that, no application for summary judgment may be made by such applicant after the Court
has framed the issues in respect of the suit.
**3. Grounds for summary judgment.—The Court may give a summary judgment against a plaintiff**
or defendant on a claim if it considers that––
(a) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real
prospect of successfully defending the claim, as the case may be; and
(b) there is no other compelling reason why the claim should not be disposed of before recording
of oral evidence.
**4. Procedure.—(1) An application for summary judgment to a Court shall, in addition to any other**
matters the applicant may deem relevant, include the matters set forth in sub-clauses (a) to (f) mentioned
hereunder:—
(a) the application must contain a statement that it is an application for summary judgment made
under this Order;
(b) the application must precisely disclose all material facts and identify the point of law, if any;
(c) in the event the applicant seeks to rely upon any documentary evidence, the applicant must,––
(i) include such documentary evidence in its application, and
(ii) identify the relevant content of such documentary evidence on which the applicant relies;
(d) the application must state the reason why there are no real prospects of succeeding on the
claim or defending the claim, as the case may be;
(e) the application must state what relief the applicant is seeking and briefly state the grounds for
seeking such relief.
(2) Where a hearing for summary judgment is fixed, the respondent must be given at least thirty days’
notice of:—
(a) the date fixed for the hearing; and
(b) the claim that is proposed to be decided by the Court at such hearing.
(3) The respondent may, within thirty days of the receipt of notice of application of summary
judgment or notice of hearing (whichever is earlier), file a reply addressing the matters set forth in clauses
(a) to (f) mentioned hereunder in addition to any other matters that the respondent may deem relevant:—
(a) the reply must precisely––
(i) disclose all material facts;
(ii) identify the point of law, if any; and
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(iii) state the reasons why the relief sought by the applicant should not be granted;
(b) in the event the respondent seeks to rely upon any documentary evidence in its reply, the
respondent must—
(i) include such documentary evidence in its reply; and
(ii) identify the relevant content of such documentary evidence on which the respondent
relies;
(c) the reply must state the reason why there are real prospects of succeeding on the claim or
defending the claim, as the case may be;
(d) the reply must concisely state the issues that should be framed for trial;
(e) the reply must identify what further evidence shall be brought on record at trial that could not
be brought on record at the stage of summary judgment; and
(f) the reply must state why, in light of the evidence or material on record if any, the Court should
not proceed to summary judgment.
**5. Evidence for hearing of summary judgment.—(1) Notwithstanding anything in this Order, if the**
respondent in an application for summary judgment wishes to rely on additional documentary evidence
during the hearing, the respondent must:—
(a) file such documentary evidence; and
(b) serve copies of such documentary evidence on every other party to the application at least
fifteen days prior to the date of the hearing.
(2) Notwithstanding anything in this Order, if the applicant for summary judgment wishes to rely on
documentary evidence in reply to the defendant’s documentary evidence, the applicant must:—
(a) file such documentary evidence in reply; and
(b) serve a copy of such documentary evidence on the respondent at least five days prior to the
date of the hearing.
(3) Notwithstanding anything to the contrary, sub-rules (1) and (2) shall not require documentary
evidence to be:—
(a) filed if such documentary evidence has already been filed; or
(b) served on a party on whom it has already been served.
**6. Orders that may be made by Court.—(1) On an application made under this Order, the Court**
may make such orders that it may deem fit in its discretion including the following:—
(a) judgment on the claim;
(b) conditional order in accordance with Rule 7 mentioned hereunder;
(c) dismissing the application;
(d) dismissing part of the claim and a judgment on part of the claim that is not dismissed;
(e) striking out the pleadings (whether in whole or in part); or
(f) further directions to proceed for case management under Order XV-A.
(2) Where the Court makes any of the orders as set forth in sub-rule (1) (a) to (f), the Court shall
record its reasons for making such order.
**7. Conditional order.—(1) Where it appears to the Court that it is possible that a claim or defence**
may succeed but it is improbable that it shall do so, the Court may make a conditional order as set forth in
Rule 6 (1) (b).
(2) Where the Court makes a conditional order, it may:—
(a) make it subject to all or any of the following conditions:—
(i) require a party to deposit a sum of money in the Court;
(ii) require a party to take a specified step in relation to the claim or defence, as the case may
be;
(iii) require a party, as the case may be, to give such security or provide such surety for
restitution of costs as the Court deems fit and proper;
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(iv) impose such other conditions, including providing security for restitution of losses that
any party is likely to suffer during the pendency of the suit, as the Court may deem fit in its
discretion; and
(b) specify the consequences of the failure to comply with the conditional order, including
passing a judgment against the party that have not complied with the conditional order.
**8.** **Power to impose costs.—The Court may make an order for payment of costs in an application for**
summary judgment in accordance with the provisions of sections 35 and 35A of the Code.]
______
ORDER XIV
Settlement of Issues and Determination of Suit on
_Issues of Law or on Issues agreed upon_
**1. Framing of issues.—(1) Issues arise when a material proposition of fact or law is affirmed by the**
one party and denied by the other.
(2) Material propositions arc those propositions of law or fact which a plaintiff must allege in order to
show a right to sue or a defendant must allege in order to constitute his defence.
(3) Each material proposition affirmed by one party and denied by the other shall form the subject of
distinct issue.
(4) Issues are of two kinds:
(a) issues of fact,
(b) issues of law.
(5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements if
any, and [1][after examination under rule 2 of Order X and after hearing the parties or their pleaders],
ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon
proceed to frame and record the issues on which the right decision of the case appears to depend.
(6) Nothing is this rule requires the Court to frame and record issued where the defendant at the first
hearing of the suit makes no defence.
**2[2. Court to pronounce judgment on all issues.—(1)** Notwithstanding that a case may be disposed
of on a preliminary issue, the Court shall, subject to the provisions of sub-rule (2), pronounce judgment
on all issues.
(2) Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or
any part thereof may be disposed of on an issue of law only, it may try that issue first if the issue relates to—
(a) the jurisdiction of the Court, or
(b) a bar to the suit created by any law for the time being in force,
and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue
has been determined, and may deal with the suit in accordance with the decision on that issue.]
**3. Materials from which issues may be framed.—The** Court may frame the issues from all or any
of the following materials:—
(a) allegations made on oath by the parties, or by any persons present on their behalf, or made by
the pleaders of such parties;
(b) allegations made in the pleadings or in answers to interrogatories delivered in the suit;
(c) the contents of documents produced by either party.
**4. Court may examine witnesses or documents before framing issues.—Where** the Court is of
opinion that the issues cannot be correctly framed without the examination of some person not before the
Court or without the inspection of some document not[,] produced in the suit, it [3][may adjourn the framing
of issues to a day not later than seven days] and may (subject to any law for the time being in force)
1. Subs. by Act 104 of 1976, s. 64, for certain words (w.e.f. 1-2-1977).
2. Subs. by s. 64, ibid., for rule 2 (w.e.f. 1-2-1977).
3. Subs. by Act 46 of 1999, s. 24, for certain words (w.e.f. 1-7-2002).
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compel the attendance of any person or the production of any document by the person in whose
possession or power it is by summons or other process.
1[5. **Power to amend and strike out, issues.—(1) The Court may at any time before passing a decree**
amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or
additional issues as may be necessary for determining the matters in controversy between the parties shall
be so made or framed.
(2) The Court may also, at any time before passing a decree, strike out any issues that appear to it to
be wrongly framed or introduced.]
**6. Questions of fact or law may by agreement be stated in form of issues.—(1) Where the parties**
to a suit are agreed as to the question of fact or of law to be decided between them, they may state the
same in the form of an issue, and enter into an agreement in writing that, upon the finding of the Court in
the affirmative or the negative or such issue,—
(a) a sum of money specified in the agreement or to be ascertained by the Court, or in such
manner as the Court may direct, shall be paid by one of the parties to the other of them, or that one of
them be declared entitled to some right or subject some liability specified in the agreement;
(b) some property specified in the agreement and in dispute in the suit shall be delivered by one
of the parties to the other of them, or as that other may direct; or
(c) one or more of the parties shall do or abstain from doing some particular act specified in the
agreement and relating to the matter in dispute.
**7.** **Court, if satisfied that agreement was executed in good faith, may pronounce judgment.—**
Where the Court is satisfied, after making such inquiry as it deems proper,—
(a) that the agreement was duly executed by the parties,
(b) that they have a substantial interest in the decision of such question as aforesaid, and
(c) that the same is fit to be tried and decided,
it shall proceed to record and try the issue and state its finding or decision thereon in the same manner as
if the issue had been framed by the Court;
and shall, upon the finding or decision on such issue, pronounce judgment according to the terms of
the agreement; and, upon the judgment so pronounced, a decree shall follow.
______
*[ORDER XV
_Disposal of the Suit at the first hearing_
**1. Parties not at issue.—(1)** Where at the first hearing of a suit it appears that the parties are not at
issue on any question of law or of fact, the Court may at once pronounce judgment.
**2. One of several defendants not at issue.—[2][(1) Where there are more defendants than one, and any**
one of the defendants is not at issue with the plaintiff on any question of law or of fact, the Court may at once
pronounce judgment for or against such defendant and the suit shall proceed only against the other
defendants.]
3[(2) Whenever a judgment is pronounced under this rule, decree shall be drawn up in accordance with
such judgment and the decree shall bear the date on which the judgment was pronounced.]
**3. Parties at issue.—(1) Where the parties are at issue on some question of law or of fact, and issues**
have been framed by the Court as hereinbefore provided, if the Court is satisfied that no further argument
or evidence that the parties can at once adduce is required upon such of the issues as may be sufficient for
1. Subs. by Act 22 of 2002, s. 11, for rule 5 (w.e.f. 1-7-2002).
2. Rule 2 renumbered as sub-rule (1) by Act 104 of 1976, s. 65 (w.e.f. 1-2-1977).
3. Ins. by s. 65, ibid. (w.e.f 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
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the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the Court
may proceed to determine such issues, and, if the finding thereon is sufficient for the decision, may
pronounce judgment accordingly, whether the summons has been issued for the settlement of issues only
or for the final disposal of the suit:
Provided that, where the summons has been issued for the settlement of issues only, the parties or their
pleaders are present and none of them objects.
(2) Where the finding is not sufficient for the decision, the Court shall postpone the further hearing of
the suit, and shall fix a day for the production of such further evidence, or for such further argument as
the case requires.
**4.** **Failure to produce evidence.—Where the summons has been issued for the final disposal of the**
suit and either party fails without sufficient cause to produce the evidence on which he relies, the Court
may at once pronounce judgment, or may, if it thinks fit, after framing and recording issues, adjourn the
suit for the production of such evidence as may be necessary for its decision upon such issues.]
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of Order XV.— In the First Schedule, in Order XV, for the existing rule 5, the following**
rule shall be substituted, namely :—
**“5. Striking off defense on failure to deposit admitted rent, etc.— (1) In any suit by a**
lessor for the eviction of a lessee after the determination of his lease and for the recovery from
him of rent or compensation for use and occupation, the defendant shall, at or before the first
hearing of the suit, deposit the entire amount admitted by him to be due together with
interest thereon at the rate of nine per centum per annum and whether or not he admits any
amount to be due, he shall throughout the continuation of the suit regularly deposit the
monthly amount due within a week from the date of its accrual, and in the event of any default
in making the deposit of the entire amount admitted by him to be due or the monthly amount
due as aforesaid, the court may subject to the provisions of sub-rule (2), strike off his defense.
**_“Explanation_** **1 — The expression ‘first hearing’ means the date for filing written**
statement or for hearing mentioned in the summons or where more than one of such dates
are mentioned, the last of the dated mentioned.
**_“Explanation 2 — The expression ‘entire amount admitted by him to be due’ means_**
the entire gross amount, whether as rent or compensation for use and occupation,
calculated at the admitted rate of rent for the admitted period of arrears after making no
other deduction except the taxes, if any, paid to a local authority in respect of the building
on lessor’s account and the amount, if any, deposited in any court under section 30 of the U.
P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
**_“Explanation_** **3 —** The expression ‘monthly amount due’ means the amount due
every month, whether as rent or compensation for use and occupation at the admitted rate of
rent, after making no other deductions except the taxes, if any, paid to a local authority in
respect of the building on lessor’s account.
(2) Before making an order for striking off defense, the court may consider any
representation made by the defendant in that behalf provided such representation is made within 10
days, of the first hearing or, of the expiry of the week referred to in sub-section (1), as the case
may be.
(3) The amount deposited under this rule may at any time be withdrawn by the plaintiff ;
Provided that such withdrawal shall not have the effect of prejudicing any claim by the
plaintiff disputing the correctness of the amount deposited ;
Provided further that if the amount deposited includes any sums claimed by the
depositor to be deductible on any account, the court may require the plaintiff to furnish
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security for such sum before he is allowed to withdraw the same.”
[Vide Uttar Pradesh Act 57 of 1976, s. 7]
**Uttar Pradesh**
**Insertion of new rule in Order XV Schedule 1 of 1908.-- In the First Schedule to the said Code,**
in Order XV, after rule 4, the following rule shall be inserted, namely ;
## “5. Striking off defense on non-deposit of admitted rent, etc.--(1) In any suit by a
lessor for the eviction of a lessee from any immovable property after the determination of his lease, and for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease, or of compensation for the use or occupation thereof, whether instituted before or after the commencement of the Uttar Pradesh Civil Laws Amendment Act, 1972, the defendant shall, at or before the first hearing of the suit (or in the case of a suit instituted before the commencement of the said Act, the first hearing after such commencement), deposit the entire amount of rent, or compensation for use and occupation, admitted by him to be due, and thereafter throughout the continuance of the suit, deposit regularly the amount of monthly rent, or compensation for use and occupation, due at the rate admitted by him, and in the event of any default in this regard, the Court may, unless after considering any representation made by him in that behalf it allows him further time on security
being furnished for the amount, refuse to entertain any defense or, as the case may be, strike-off his defense.
(2) The provisions of this rule are in addition to and not in derogation of anything
contained in rule 10 of Order XXXIX.”
[Vide Uttar Pradesh Act 37 of 1972, s. 7]
______
*[ORDER XV-A
_Case Management Hearing_
**1. First Case Management Hearing.—The Court shall hold the first Case Management Hearing, not**
later than four weeks from the date of filing of affidavit of admission or denial of documents by all parties
to the suit.
**2. Orders to be passed in a Case Management Hearing.—In a Case Management Hearing, after**
hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the
Court may pass an order––
(a) framing the issues between the parties in accordance with Order XIV of the Code of Civil
Procedure, 1908 (5 of 1908), after examining pleadings, documents and documents produced before
it, and on examination conducted by the Court under Rule 2 of Order X, if required;
(b) listing witnesses to be examined by the parties;
(c) fixing the date by which affidavit of evidence to be filed by parties;
(d) fixing the date on which evidence of the witnesses of the parties to be recorded;
(e) fixing the date by which written arguments are to be filed before the Court by the parties;
(f) fixing the date on which oral arguments are to be heard by the Court; and
(g) setting time limits for parties and their advocates to address oral arguments.
**3. Time limit for the completion of a trial.—In fixing dates or setting time limits for the purposes of**
Rule 2 of this Order, the Court shall ensure that the arguments are closed not later than six months from
the date of the first Case Management Hearing.
**4. Recording of oral evidence on a day-to-day basis.—The Court shall, as far as possible, ensure**
that the recording of evidence shall be carried on, on a day-to-day basis until the cross-examination of all
the witnesses is complete.
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**5.** **Case Management Hearings during a trial.—The Court may, if necessary, also hold Case**
Management Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by
the parties to the dates fixed under Rule 2 and facilitate speedy disposal of the suit.
**6. Powers of the Court in a Case Management Hearing.—(1) In any Case Management Hearing**
held under this Order, the Court shall have the power to—
(a) prior to the framing of issues, hear and decide any pending application filed by the parties
under Order XIII-A;
(b) direct parties to file compilations of documents or pleadings relevant and necessary for
framing issues;
(c) extend or shorten the time for compliance with any practice, direction or Court order if it finds
sufficient reason to do so;
(d) adjourn or bring forward a hearing if it finds sufficient reason to do so;
(e) direct a party to attend the Court for the purposes of examination under Rule 2 of Order X;
(f) consolidate proceedings;
(g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed;
(h) direct a separate trial of any issue;
(i) decide the order in which issues are to be tried;
(j) exclude an issue from consideration;
(k) dismiss or give judgment on a claim after a decision on a preliminary issue;
(l) direct that evidence be recorded by a Commission where necessary in accordance with Order
XXVI;
(m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or
argumentative material;
(n) strike off any parts of the affidavit of evidence filed by the parties containing irrelevant,
inadmissible or argumentative material;
(o) delegate the recording of evidence to such authority appointed by the Court for this purpose;
(p) pass any order relating to the monitoring of recording the evidence by a commission or any
other authority;
(q) order any party to file and exchange a costs budget;
(r) issue directions or pass any order for the purpose of managing the case and furthering the
overriding objective of ensuring the efficient disposal of the suit.
(2) When the Court passes an order in exercise of its powers under this Order, it may—
(a) make it subject to conditions, including a condition to pay a sum of money into Court; and
(b) specify the consequence of failure to comply with the order or a condition.
(3) While fixing the date for a Case Management Hearing, the Court may direct that the parties also
be present for such Case Management Hearing, if it is of the view that there is a possibility of settlement
between the parties.
**7. Adjournment of Case Management Hearing.—(1) The Court shall not adjourn the Case**
Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present:
Provided that an adjournment of the hearing is sought in advance by moving an application, the Court
may adjourn the hearing to another date upon the payment of such costs as the Court deems fit, by the
party moving such application.
(2) Notwithstanding anything contained in this Rule, if the Court is satisfied that there is a justified
reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and
conditions it deems fit.
______________________
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
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**8. Consequences of non-compliance with orders.— Where any party fails to comply with the order**
of the Court passed in a Case Management Hearing, the Court shall have the power to—
(a) condone such non-compliance by payment of costs to the Court;
(b) foreclose the non-compliant party’s right to file affidavits, conduct cross-examination of
witnesses, file written submissions, address oral arguments or make further arguments in the trial, as
the case may be, or
(c) dismiss the plaint or allow the suit where such non-compliance is wilful, repeated and the
imposition of costs is not adequate to ensure compliance.]
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).―**
Insertion of Order XV-A.—After Order XV of the Code, insert the following Order, namely,
**“ORDER XV-A**
**1. First Case Management Hearing.—The court shall hold the first Case Management Hearing, not**
later than four week‘s from the date of filing of affidavit of admission or denial of documents by all
parties to the suit.
**2. Orders to be passed in a Case Management Hearing.—In a Case Management Hearing, after**
hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the
court may pass an order—
(a) framing the issues between the parties in accordance with Order XIV of the Code of Civil
Procedure, 1908 (5 of 1908) after examining pleadings, documents and documents produced before it,
and on examination conducted by the court under Rule 2 of Order X, if required;
(b) listing witnesses to be examined by the parties;
(c) fixing the date by which affidavit of evidence to be filed by parties;
(d) fixing the date on which evidence of the witnesses of the parties to be recorded;
(e) fixing the date by which written arguments are to be filed before the court by the parties;
(f) fixing the date on which oral arguments are to be heard by the court; and
(g) setting time limits for parties and their advocates to address oral arguments.
**3. Time limit for the completion of a trial.—In fixing dates or setting time limits for the purposes of**
Rule 2 of this order, the court shall ensure that the arguments are closed not later than six months from the
date of the first Case Management Hearing.
**4. Recording of oral evidence on a day-to-day basis.—The court shall, as far as possible, ensure that**
the record of evidence shall be carried on, on a day-to-day basis until he cross examination of all the
witnesses is complete.
**5. Case Management hearings during trial.—** The court may, if necessary, also hold Case
Management Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by
the parties to the dates fixed under Rule 2 and facilitate speedy disposal of the suit.
**6. Powers of the court in a Case Management Hearing.—(1) In any Case Management Hearing**
held under this order, the court shall have the power to –
(a) prior to the framing of issues, hear and decide any pending application filed by the parties under
Order XIII-A;
(b) direct parties to file compilations of documents or pleadings relevant and necessary for framing
issues;
(c) extend or shorten the time for compliance with any practice, direction or court order if it finds
sufficient reason to do so;
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(d) adjourn or bring forward a hearing if it finds sufficient reason to do so;
(e) direct a party to attend the court for the purposes of examination under Rule 2 of Order X;
(f) consolidate proceedings;
(g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed;
(h) direct a separate trial of any issue;
(i) decide the order in which issues are to be tried;
(j) exclude an issue from consideration;
(k) dismiss or give judgment on a claim after a decision on a preliminary issue;
(l) direct that evidence be recorded by a Commission where necessary in accordance with Order
XXVI;
(m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or
argumentative material;
(n) strike off any parts of the affidavit of evidence filed by the parties containing irrelevant,
inadmissible or argumentative material;
(o) delegate the recording of evidence to such authority appointed by the court for this purpose;
(p) pass any order relating to the monitoring of recording the evidence by a commission or any
other authority;
(q) order any party to file land exchange a costs budget;
(r) issue directions or pass any order for the purpose of managing the case and furthering the
overriding objective of ensuring the efficient disposal of the suit.
(2) When the court passes an order in exercise of its powers under this order, it may–
(a) make it subject to conditions, including a condition to pay a sum of money into court; and
(b) specify the consequence of failure to comply with the order or a condition.
(3) While fixing the date for a Case Management Hearing, the court may direct that the parties also be
present for such Case Management Hearing, if it is of the view that there is a possibility of settlement
between the parties.
**7. Adjournment of Case Management Hearing.—(1) The Court shall not adjourn the Case**
Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present:
Provided that an adjournment of the hearing is sought in advance by moving an application, the court
may adjourn the hearing to another date upon the payment of such costs as the court deems fit, by the
party moving such application.
(2) Notwithstanding anything contained in this rule, if the court is satisfied that there is a justified
reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and
conditions it deems fit.
**8. Consequences of non-compliance with orders.—Where any party fails to comply with the order**
of the court passed in a Case Management Hearing, the court shall have the power to–
(a) condone such non-compliance by payment of costs to the court;
(b) foreclose the non-compliant party's right to file affidavits, conduct cross-examination of witnesses,
file written submissions, address oral arguments or make further arguments in the trial, as the case may
be; or
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(c) dismiss the plaint or allow the suit where such non-compliance is willful, repeated and the
imposition of costs is not adequate to ensure compliance.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
_Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]_
______
ORDER XVI
_Summoning and Attendance of Witnesses_
**1[1. List of witnesses and summons to witnesses.—(1) On or before such date as the Court may**
appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall
present in Court a list of witnesses whom they propose to call either to give evidence or to produce
documents and obtain summonses to such persons for their attendance in Court.
(2) A party desirous of obtaining any summons for the attendance of any person shall file in Court an
application stating therein the purpose for which the witness is proposed to be summoned.
(3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through
Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1),
if such party shows sufficient cause for the omission to mention the name of such witness in the said list.
(4) Subject to the provisions of sub-rule (2), summonses referred to in this rule may be obtained by
the parties on an application to the Court or to such officer as may be appointed by the [2][Court in this
behalf within five days of presenting the list of witnesses under sub-rule (1).]
3[1A. Production of witnesses without summons.—A Subject to the provisions of sub-rule (3) of
rule 1, any party to the suit may, without applying for summons under rule 1, bring any witness to give
evidence or to produce documents.]
**2. Expenses of witness to be paid into Court on applying for summons.—(1) The party applying for**
a summons shall, before the summons is granted and within a period to be fixed [4][which shall not be later
than seven days from the date of making applications under sub-rule (4) of rule 1] pay into Court such a sum
of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person
summoned in passing to and from the Court in which he is required to attend, and for one day's attendance.
**(2) Experts.—In** determining the amount payable under this rule, the Court may, in the case of any
person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied
both in giving evidence and in performing any work of an expert character necessary for the case.
**(3)** **Scale of expenses.—Where** the Court is subordinate to a High Court, regard shall be had, in
fixing the scale of such expenses, to any rules made in that behalf.
5[(4) **Expenses to be directly paid to witnesses.—Where** the summons is served directly by the party
on a witness, the expenses referred to in sub-rule (1) shall be paid to the witness by the party or his agent.]
**3. Tender of expenses to witness.—The** sum so paid into Court shall be tendered to the person sum
moned, at the time of serving the summons, if it can be served personally.
**4. Procedure where insufficient sum paid in.—(1) Where it appears to the Court or to such officer as**
it appoints in this behalf that the sum paid into Court is not sufficient to cover such expenses or reasonable
remuneration, the Court may direct such further sum to be paid to the person summoned as appears to be
necessary on that account, and, in case of default in payment, may order such sum to be levied by
attachment and sale of the movable property of the party obtaining the summons, or the Court may
1. Subs. by Act 104 of 1976, s. 66, for rule 1 (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999, s. 25, for certain words (w.e.f. 1-7-2002).
4. Subs. by Act 104 of 1976, s. 66, for rule 1A (w.e.f. 1-2-1977).
5. Ins. by Act 46 of 1999, s. 25 (w.e.f. 7-2002).
6. Ins. by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977).
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discharge the person summoned without requiring him to give evidence; or may both order such levy and
discharge such person as aforesaid.
(2) Expenses of witnesses detained more than one day.—Where it is necessary to detain the person
summoned for a longer period than one day, the Court may, from time to time, order the party at whose
instance he was summoned to pay into Court such sum as is sufficient to defray the expenses of his detention
for such further period, and, in default of such deposit being made, may order such sum to be levied by
attachment and sale of the movable property of such party; or the Court may discharge the person summoned
without requiring him to give evidence; or may both order such levy and discharge such person as aforesaid.
**5. Time, place and purpose of attendance to be specified in summons.—Every summons for the**
attendance of a person to give evidence or to produce a document shall specify the time and place at
which he is required to attend, and also whether his attendance is required for the purpose of giving
evidence or to produce a document or for both purposes; and any particular document, which the person
summoned is called on to produce shall be described in the summons with reasonable accuracy.
**6. Summons to produce document.—Any** person may be summoned to produce a document,
without being summoned to give evidence; and any person summoned merely to produce a document
shall be deemed to have complied with the summons if he causes such document to be produced instead
of attending personally to produce the same.
7. **Power to require persons present in Court to give evidence or produce document.—Any**
person present in Court may be required by the Court to give evidence or to produce any document then
and there in his possession or power.
1[7A. Summons given to the party for service.—(1) The Court may, on the application of any party
for the issue of a summons for the attendance of any person, permit such party to effect service of such
summons on such person and shall, in such a case, deliver the summons to such party for service.
(2) The service of such summons shall be effected by or on behalf of such party by delivering or
tendering to the witness personally a copy thereof signed by the Judge or such officer of the Court as he
may appoint in this behalf and sealed with the seal of the Court.
(3) The provisions of rules 16 and 18 of Order V shall apply to a summons personally served under
this rule as if the person effecting service were a serving officer.
(4) If such summons, when tendered, is refused or if the person served refuses to sign and
acknowledgement of service or for any reason such summons cannot be served personally, the Court
shall, on the application of the party, re-issue such summons to be served by the Court in the same
manner as a summons to a defendant.
(5) Where a summons is served by a party under this rule, the party shall not be required to pay the
fees otherwise chargeable for the service of summons.]
**8. Summons how served.—Every summons [2][under this Order, not being a summons delivered to a**
party for service under rule 7A,] shall be served as nearly as may be in the same manner as a summons to
a defendant and the rules in Order V as to proof of service shall apply in the case of all summonses served
under this rule.
**9.** **Time for serving summons.—Service** shall in all cases be made a sufficient time before the time
specified in the summons for the attendance of the person summoned, to allow him a reasonable time for
preparation and for travelling to the place .at which his attendance is required.
1. Ins. by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977).
2. Subs. by s. 66, ibid., for certain words (w.e.f. 1-2-1977).
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**10.** **Procedure where witness fails to comply with summons.—[1][(1)** Where a person has been
issued either to attend to give evidence or to produce a document, fails to attend or to produce the
document in compliance with such summons, the Court—
(a) shall, if the certificate of the serving officer has not been verified by the affidavit, or if service
of the summons has affected by a party or his agent, or
(b) may, if the certificate of the serving officer has been so verified,
examine on oath the serving officer or the party or his agent, as the case may be, who has effected service,
or cause him to be so examined by any Court, touching the service or non-service of the summons.]
(2) Where the Court sees reason to believe that such evidence or production is material, and that such
person has, without lawful excuse, failed to attend or to produce the document in compliance with such
summons or has intentionally avoided service, it may issue a proclamation requiring him to attend to give
evidence or to produce the document at a time and place to be named therein; and a copy of such
proclamation shall be affixed on the outer door or other conspicuous part of the house in which he ordinarily
resides.
(3) In lieu of or at the time of issuing such proclamation, or at any time afterwards, the Court may, in
its discretion, issue a warrant, either with or without bail, for the arrest of such person, and may make an
order for the attachment of his property to such amount as it thinks fit, not exceeding the amount of the
costs of attachment and of any fine which may be imposed under rule 12:
Provided that no Court of Small Causes shall make an order for the attachment of immovable property.
**11. If witness appears attachment may be withdrawn.—Where,** at any time after the attachment
of his property, such person appears and satisfies the Court,—
(a) that he did not, without lawful excuse, fail to comply with the summons or intentionally avoid
service, and,
(b) where he has failed to attend at the time and place named in a proclamation issued under the
last preceding rule, that he had no notice of such proclamation in time to attend,
the Court shall direct that the property be released from attachment, and shall make such order as to the
costs of the attachment as it thinks fit.
**12.** **Procedure if witness fails to appear.—[2][(1)] The Court may, where such person does not appear,**
or appears but fails so to satisfy the Court, impose upon him such fine not exceeding five hundred rupees
as it thinks fit, having regard to his condition in life and all the circumstances of the case, and may order
his property, or any part thereof, to be attached and sold or, if already attached under rule 10, to be sold for
the purpose of satisfying all costs of such attachment, together with the amount of the said fine, if any:
Provided that, if the person whose attendance is required pays into Court the costs and fine aforesaid,
the Court shall order the property to be released from attachment.
3[(2) Notwithstanding that the Court has not issued a proclamation under sub-rule (2) of rule 10, nor
issued a warrant nor ordered attachment under sub-rule (3) of that rule, the Court may impose fine under
sub-rule (1) of this rule after giving notice to such person to show cause why the fine should not be
imposed.]
1. Subs. by s. 66. ibid., for sub-rule (1) (w.e.f. 1-2-1977).
2. Rule 12 renumbered as sub-rule (1) by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977).
3. Ins. by s. 66, ibid. (w.e.f. 1-2-1977).
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**13. Mode of attachment.—The** provisions with regard to the attachment and sale of property in the
execution of a decree shall, so far as they are applicable, be deemed to apply to any attachment and sale
under this Order as if the person whose property is so attached were a judgment-debtor.
**14. Court may of its own accord summon as witnesses strangers to suit.—Subject** to the
provisions of this Code as to attendance and appearance and to any law for the time being in force, where
the Court at any time thinks it necessary [1][to examine any person, including a party to the suit] and not
called as a witness by a party to the suit, the Court may, of its own motion, cause such person to be
summoned as a witness to give evidence, or to produce any document in his possession, on a day to be
appointed, and may examine him as a witness or require him to produce such document.
**15.** **Duty of persons summoned to give evidence or produce document.** —Subject as last
aforesaid, whoever is summoned to appear and give evidence in a suit shall attend at the time and place
named in the summons for that purpose, and whoever is summoned to produce a document shall either
attend to produce it, or cause it to be produced, at such time and place.
**16.** **When they may depart.—(1) A person so summoned and attending shall, unless the Court**
otherwise directs, attend at each hearing until the suit has been disposed of.
(2) On the application of either party and the payment through the Court of all necessary expenses
(if any), the Court may require any person so summoned and attending to furnish security to attend at the
next or any other hearing or until the suit is disposed of and, in default of his furnishing such security,
may order him to be detained in the civil prison.
**17.** **Application of rules 10 to 13.—The** provisions of rules 10 to 13 shall, so far as they are
applicable, be deemed to apply to any person who having attended in compliance with a summons
departs, without lawful excuse, in contravention of rule 16.
**18. Procedure where witness apprehended cannot give evidence or produce document.—Where**
any person arrested under a warrant is brought before the Court in custody and cannot, owing to the
absence of the parties or any of them, give the evidence or produce the document which he has been
summoned to give or produce, the court may require him to give reasonable bail or other security for his
appearance at such time and place as it thinks fit, and, on such bail or security being given, may release
him, and, in default of his giving such bail or security, may order him to be detained in the civil prison.
**19. No witness to be ordered to attend in person unless resident within certain limits.—No** one
shall be ordered to attend in person to give evidence unless he resides—
(a) within the local limits of the Court’s ordinary jurisdiction, or
(b) without such limits but at a place less then [2][one hundred] or (where there is railway or steamer
communication or other established public conveyance for five-sixths of the distance between the place
where he resides and the place where the Court is situate) less than [3][five hundred kilometres] distance
from the court-house:
4[Provided that where transport by air is available between the two places mentioned in this rule and
the witness is paid the fare by air, he may be ordered to attend in person.]
**20. Consequence of refusal of party to give evidence when called on by Court.—Where** any party
to a suit present in Court refuses, without lawful excuse, when required by the Court, to give evidence or
to produce any document then and there in his possession or power, the Court may pronounce judgment
against him or make such order in relation to the suit as it thinks fit.
**21. Rules as to witnesses to apply to parties summoned.—Where** any party to a suit is required to
give evidence or to produce a document, the provisions as to witnesses shall apply to him so far as they
are applicable.
1. Subs. by s. 66, ibid., for certain words (w.e.f. 1-2-1977).
2. Subs. by Act 104 of 1976, s. 66, for “fifty” (w.e.f. 1-2-1977).
3. Subs. by s. 66, ibid., for “two hundred miles” (w.e.f. 1-2-1977).
4. The proviso added, by s. 66, ibid. (w.e.f. 1-2-1977).
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**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of Order XVI.— In the First Schedule, in Order XVI —**
(a) in rule 2, —]
(i) in sub-rule (1) at the end, the following proviso shall be inserted, namely :—
“Provided, where Government is the party applying for a summons to a Government servant, it
shall not be necessary for it to make any such payment into court.” ;
(ii) sub-rule (4) as inserted by the Allahabad High Court shall be omitted and after sub-rule (4) as
_inserted by the Code of Civil Procedure (Amendment) Act, 1976, the following sub-rule shall be inserted,_
namely :—
“(4-A) Allowances, etc. of, Government servant witnesses to be taxed as costs— Any travelling
and daily allowances and the salary, payable to a Government servant who attends the Court to give
evidence or to produce a document shall, on the amount being certified by such witness be taxable
as costs.
**_“Explanation_** **1 —** The travelling and daily allowances shall be in accordance with the rules
governing such allowances, applicable to the Government servant in question.
**_“Explanation 2 — The daily allowance and salary of the Government servant shall be proportionate_**
to the number of days of his attendance required by the Court.” ;
(b) in rule 4, the following proviso shall be inserted, namely :—
“Provided that nothing in this rule shall apply to a case where the witness is a Government
servant summoned at the instance of Government as a party.”
[Vide Uttar Pradesh Act 57 of 1976, s. 8]
______
1[ORDER XVI-A
_Attendance of witnesses confined or detained in prisons_
**1. Definitions.—In** this Order,—
(a) _“detained” includes detained under any law providing for preventive detention;_
(b) “prison” includes—
(i) any place which has been declared by the State Government, by general or special order,
to be a subsidiary jail; and
(ii) any reformatory, borstal institution or other institution of a like nature.
**2. Power to require attendance of prisoners to give evidence.—Where** it appears to a Court that
the evidence of a person confined or detained in a prison within the State is material in a suit, the Court
may make an order requiring the officer in charge of the prison to produce that person before the Court to
give evidence:
Provided that, if the distance from the prison to the Court-house is more than twenty-five kilometers,
no such order shall be made unless the Court is satisfied that the examination of such person on
commission will not be adequate.
**3. Expenses to be paid into Court.—(1) Before making any order under rule 2, the Court shall**
require the party at whose instance or for whose benefit the order is to be issued, to pay into Court such
sum of money as appears to the Court to be sufficient to defray the expenses of the execution of the order,
including the travelling and other expenses of the escort provided for the witness.
(2) Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such
expenses, to any rules made by the High Court in that behalf.
1. Ins. by s. 67, ibid. (w.e.f. 1-2-1977).
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**4. Power of State Government to exclude certain persons from the operation of rule 2.—(1) The State**
Government may, at any time, having regard to the matters specified in sub-rule (2), by general or special order,
direct that any person or class of persons shall not be removed from the prison in which he or they may be
confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2,
whether before or after the date of the order made by the State Government, shall have effect in respect of
such person or class of persons.
(2) Before making an order under sub-rule (1), the State Government shall have regard to the
following matters, namely:—
(a) the nature of the offence for which, or the grounds on which, the person or class of persons
have been ordered to be confined or detained in prison;
(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to
be removed from the prison; and
(c) the public interest, generally.
**5. Officer in charge of prison to abstain from carrying out order in certain cases.—Where** the
person in respect of whom an order is made under rule 2—
(a) is certified by the medical officer attached to the prison as unfit to be removed from the prison
by reason of sickness or infirmity, or
(b) is under committal for trial or under remand pending trial or pending a preliminary
investigation; or
(c) is in custody for a period which would expire before the expiration of the time required for
complying with the order and for taking him back to the prison in which he is confined or detained; or
(d) is a person to whom an order made by the State Government under rule 4 applies,
the officer in charge of the prison shall abstain from carrying out the Court’s order and shall send to
the Court a statement of reasons for so abstaining.
**6. Prisoner to be brought to Court in custody.—In** any other case, the officer in charge of the
prison shall, upon delivery of the Court’s order, cause the person named therein to be taken to the Court
so as to be present at the time mentioned in such order, and shall cause him to be kept in custody in or
near the Court until he has been examined or until the Court authorises him to be taken back to the prison
in which he is confined or detained.
**7.** **Power to issue commission for examination of witness in prison.—(1)** Where it appears to the
Court that the evidence of a person confined or detained in a prison, whether within the State or elsewhere
in India, is material in a suit but the attendance of such person cannot be secured under the preceding
provisions of this Order, the Court may issue a commission for the examination of that person in the
prison in which he is confined or detained.
(2) The provisions of Order XXVI shall, so far may be, apply in relation to the examination on commission of
such person in prison as they apply in relation to the examination on commission of any other person.]
______
ORDER XVII
_Adjournment_
**1. Court may grant time and adjourn hearing.—[1][(1) The court may, if sufficient cause is shown,**
at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the
hearing of the suit for reasons to be recorded in writing:
Provided that no such adjournment shall be granted more than three time to a party during hearing of
the suit.]
(2) Costs of adjournment.—In every such case the Court shall fix a day for the further hearing of the
suit, and [2][shall make such orders as to costs occasioned by the adjournment or such higher costs as the
court deems fit:]
3[Provided that,—
1. Subs. by Act 46 of 1999, s. 26, for sub-rule (1) (w.e.f. 1-7-2002).
2. Subs. by s. 26, ibid., for certain words (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 68, for the previous proviso (w.e.f. 1-2-1977).
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(a) when the hearing of the suit has commenced, it shall be continued from day-to-day until all
the witnesses in attendance have been examined, unless the Court finds that, for the exceptional
reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary.
(b) no adjournment shall be granted at the request of a party, except where the circumstances are
beyond the control of that party,
(c) the fact that the pleader of a party is engaged in another Court, shall not be a ground for
adjournment,
(d) where the illness of a pleader or his inability to conduct the case for any reason, other than his
being engaged in another Court, is put forward as a ground for adjournment, the Court shall not grant
the. adjournment unless it is satisfied that the party applying for adjournment could not have engaged
another pleader in time,
(e) where a witness is present in Court but a party or his pleader is not present or the party or his
pleader, though present in Court, is not ready to examine or cross-examine the witness, the Court
may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing
with the examination-in-chief or cross-examination of the witness, as the case may be, by the party or
his pleader not present or not ready as aforesaid.]
**2. Procedure if parties fail to appear on day fixed.—Where,** on any day to which the hearing of the
suit is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose of the suit in
one of the modes directed in that behalf by Order IX or make such other order as it thinks fit.
1[Explanation.—Where the evidence or a substantial portion of the evidence of any party has already
been recorded and such party fails to appear on any day to which the hearing of the suit is adjourned, the
Court may, in its discretion proceed with the case as if such party were present.]
**3.** **Court may proceed notwithstanding either party fails to produce evidence, etc.—Where** any
party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of
his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has
been allowed [2][the Court may, notwithstanding such default,
(a) if the parties are present, proceed to decide the suit forthwith; or
(b) if the parties are, or any of them is, absent, proceed under rule 2].
______
ORDER XVIII
_Hearing of the suit and examination of witnesses_
**1. Right to begin.—The** plaintiff has the right to begin unless the defendant admits the facts alleged
by the plaintiff and contents that either in point of law or on some additional facts alleged by the
defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant
has the right to begin.
**2. Statement and production of evidence.—(1) On the day fixed for the hearing of the suit or on**
any other day to which the hearing is adjourned, the party having the right to begin shall state his case and
produce his evidence in support of the issues which he is bound to prove.
(2) The other party shall then state his case and produce his evidence (if any) and may then address
the Court generally on the whole case.
(3) The party beginning may then reply generally on the whole case.
3[(3A) Any party may address oral arguments in a case, and shall, before he concludes the oral argu
ments, if any, submit if the Court so permits concisely and under distinct headings written arguments in
support of his case to the Court and such written arguments shall form part of the record.
(3B) A copy of such written arguments shall be simultaneously furnished to the opposite party.
1. The Explanation ins. by Act 104 of 1976, s. 68 (w.e.f. 1-2-1977).
2. Subs. by s. 68, ibid., for certain words (w.e.f. 1-2-1977).
3. Ins. by Act 22 of 2002, s. 12 (w.e.f. 1-7-2002).
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(3C) No adjournment shall be granted for the purpose of filing the written arguments unless the
Court, for reasons to be recorded in writing, considers it necessary to grant such adjourment.
(3D) The Court shall fix such time-limits for the oral arguments by either of the parties in a case, as it
thinks fit.]
*[(3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely
and under distinct headings written arguments in support of his case to the Court and such written
arguments shall form part of the record.
(3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of
the arguments and the citations of judgments being relied upon by the party and include copies of such
judgments being relied upon by the party.
(3C) A copy of such written arguments shall be furnished simultaneously to the opposite party.
(3D) The Court may, if it deems fit, after the conclusion of arguments, permit the parties to file
revised written arguments within a period of not more than one week after the date of conclusion of
arguments.
(3E) No adjournment shall be granted for the purpose of filing the written arguments unless the
Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(3F) It shall be open for the Court to limit the time for oral submissions having regard to the nature
and complexity of the matter.]
1[* - - - *]
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
In Rule 2, after sub-rule (3), insert the following sub-rules, namely:
(3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely and
under distinct headings written arguments in support of his case to the court and such written arguments
shall form part of the record.
(3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of
the arguments and the citations of judgments being relied upon by the party and include copies of such
judgments being relied upon by the party.
(3C) A copy of such written arguments shall be furnished simultaneously to the opposite party.
(3D) The court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised
written arguments within a period of not more than one week after the date of conclusion of arguments.
(3E) No adjournment shall be granted for the purpose of filing the written arguments unless the court,
for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(3F) It shall be open for the court to limit the time for oral submissions having regard to the nature and
complexity of the matter.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, _vide_
notification No. S.O. 1123(E) dated (18-3-2020) and _vide Union Territory of Ladakh Reorganisation_
_(Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]._
**3. Evidence where several issues.—Where** there are several issues, the burden of proving some of
which lies on the other party, the party beginning may, at his option, either produce his evidence on those
issues or reserve it by way of answer to the evidence produced by the other party; and, in the latter case,
the party beginning may produce evidence on those issues after the other party has produced all his
evidence, and the other party may then reply specially on the evidence so produced by the party
beginning; but the party beginning will then be entitled to reply generally on the whole case.
1. Sub-rule (4) omitted by Act 46 of 1999, s. 27 (w.e.f. 1-7-2002).
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1[3A. **Party to appear before other witnesses.—Where** a party himself wishes to appear as a
witness, he shall so appear before any other witness on his behalf has been examined, unless the Court,
for reasons to be recorded, permits him to appear as his own witness at a later stage.]
2[4. Recording of evidence.—(1) In every case, the examination-in-chief of a witness shall be on
affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for
evidence:
Provided that where documents are filed and the parties rely upon the documents, the proof and admis
sibility of such documents which are filed along with affidavit shall be subject to the orders of the Court.
*[(1A) The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party
shall be filed simultaneously by that party at the time directed in the first Case Management Hearing.
(1B) A party shall not lead additional evidence by the affidavit of any witness (including of a witness
who has already filed an affidavit) unless sufficient cause is made out in an application for that purpose
and an order, giving reasons, permitting such additional affidavit is passed by the Court.
(1C) A party shall however have the right to withdraw any of the affidavits so filed at any time prior
to commencement of cross-examination of that witness, without any adverse inference being drawn based
on such withdrawal:
Provided that any other party shall be entitled to tender as evidence and rely upon any admission
made in such withdrawn affidavit.]
(2) The evidence (cross-examination and re-examination) of the witness in attendance, whose
evidence (examination-in-chief) by affidavit has been furnished to the Court, shall be taken either by the
Court or by the Commissioner appointed by it:
Provided that the Court may, while appointing a commission under this sub-rule, consider taking into
account such relevant factors as it thinks fit.
(3) The Court or the Commissioner, as the case may be, shall record evidence either in writing or
mechanically in the presence of the Judge or of the Commissioner, as the case may be, and where such
evidence is recorded by the Commissioner he shall return such evidence together with his report in writing
signed by him to the Court appointing him and the evidence taken under it shall form part of the record of the
suit.
(4) The Commissioner may record such remarks as it thinks material respecting the demeanour of any
witness while under examination:
Provided that any objection raised during the recording of evidence before the Commissioner shall be
recorded by him and decided by the Court at the stage of arguments.
(5) The report of the Commissioner shall be submitted to the Court appointing the commission within
sixty days from the date of issue of the commission unless the Court for reasons to be recorded in writing
extends the time.
(6) The High Court or the District Judge, as the case may be, shall prepare a panel of Commissioners
to record the evidence under this rule.
1. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1.2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
2. Subs. by Act 22 of 2002, s. 12, for rule 4 (w.e.f. 1-7-2002).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
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(7) The Court may by general or special order fix the amount to be paid as remuneration for the
services of the Commissioner.
(8) The provisions of rules 16, 16A, 17 and 18 of Order XXVI, in so far as they are applicable, shall
apply to the issue, execution and return of such commission under this rule.]
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
In Rule 4, after sub-rule (1), insert the following sub-rules, namely:
(1A) The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party shall be filed
simultaneously by that party at the time directed in the first Case Management Hearing.
(1B) A party shall not lead additional evidence by the affidavit of any witness (including of a witness who has
already filed an affidavit) unless sufficient cause is made out in an application for that purpose and an order, giving
reasons, permitting such additional affidavit is passed by the court.
(1C) A party shall however have the right to withdraw any of the affidavits so filed at any time prior to
commencement of cross-examination of that witness, without any adverse inference being drawn based on such
withdrawal:
Provided that any other party shall be entitled to tender as evidence and rely upon any admission made in such
withdrawn affidavit.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
_Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]._
1[ 25. How evidence shall be taken in appealable cases.—In case in which an appeal is allowed, the
evidence of each witness shall be,—
(a) taken down in the language of the Court,—
(i) in writing by, or in the presence and under the personal direction and superintendence of,
the Judge, or
(ii) from the dictation of the Judge directly on a typewriter; or
(b) if the Judge, for reasons to be recorded, so directs, recorded mechanically in the language of
the Court in the presence of the Judge.]
**36. When deposition to be interpreted.—Where** the evidence is taken down in a language different
from that in which it is given, and the witness does not understand the language in which it is taken down,
the evidence as taken down in writing shall be interpreted to him in the language in which it is given.
[3]7. **Evidence under section 138.—Evidence** taken down under section 138 shall be in the form
prescribed by rule 5 and shall be read over and signed and, as occasion may require, interpreted and corrected
as if it were evidence taken down under that rule.
38. **Memorandum when evidence not taken down by Judge.—Where** the evidence is not taken down
in writing by the Judge, [4][or from his dictation in the open Court, or recorded mechanically in his presence,]
he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of
what each witness deposes, and such memorandum shall be written and signed by the Judge and shall form
part of the record.
1. Subs. by Act 104 of 1976, s. 69, for rule 5 (w.e.f. 1-2-1977).
2. The provisions of rule so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see
the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2).
3. The provisions of rules 6, 7, 8, 9, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court
of Oudh, see, s. 16 (2), ibid.
4. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1-2-1977).
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1[39. When evidence may be taken in English.—(1) Where English is not the language of the Court,
but all the parties to the suit who appear in person, and the pleaders of such of the parties as appear by
pleaders, do not object to having such evidence as is given in English, being taken down in English, the
judge may so take it down or cause it to be taken down.
(2) Where evidence is not given in English but all the parties who appear in person, and the pleaders of
such of the parties as appear by pleaders, do not object to having such evidence being taken down in English,
the Judge may take down, or cause to be taken down, such evidence in English.]
**10. Any particular question and answer may be taken down.—The** Court may, of its own motion or on
the application of any party or his pleader, take down any particular question and answer, or any objection to
any question, if there appears to be any special reason for so doing.
211. Questions objected to and allowed by Court. —Where any question put to a witness is objected to by a
party or his pleader, and the Court allows the same to be put, the Judge shall take down the question, the answer, the
objection and the name of the person making it, together with the decision of the Court thereon.
**12. Remarks on demeanour of witnesses.—The** Court may record such remarks as it thinks material
respecting the demeanour of any witness while under examination.
3[ **113.** **Memorandum of evidence in unappealable cases.—In** cases in which an appeal is not allowed it
shall not be necessary to take down or dictate or record the evidence of the witnesses at length; but the Judge, as
the examination of each witness proceeds shall make in writing, or dictate directly on the typewriter, or cause to be
mechanically recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall
be signed by the Judge or otherwise authenticated, and shall form part of the record.]
114. [Judge unable to make such memorandum to record reasons of his inability] omitted by the Code of
_Civil Procedure (Amendment) Act, 1976 (104 of 1976), s. 69 (w.e.f. 1-2-1977).]_
115. **Power to deal with evidence taken before another Judge.—(1)** Where a Judge is prevented by death,
transfer or other cause from concluding the trial of a suit, his successor may deal with any evidence or
memorandum taken down or made under the foregoing rules as if such evidence or memorandum had been taken
down or made by him or under his direction under the said rules and may proceed with the suit from the stage at
which his predecessor left it.
(2) The provisions of sub-rule (1) shall, so far as they are applicable, be deemed to apply to evidence taken
in a suit transferred under section 24.
**116. Power to examine witness immediately—(1) Where a witness is about to leave the jurisdiction of**
the Court, or other sufficient cause is shown to the satisfaction of the Court why his evidence should be taken
immediately, the Court may, upon the application of any party or of the witness, at any time after the
institution of the suit, take the evidence of such witness in manner hereinbefore provided.
(2) Where such evidence is not taken forthwith and in the presence of the parties, such notice as the Court
thinks sufficient, of the day fixed for the examination, shall be given to the parties.
(3) The evidence so taken shall be read over to the witness, and, if he admits it to be correct, shall be
signed by him, and the Judge shall, if necessary, correct the same, and shall sign it, and it may then be read at
any hearing of the suit.
**17.** **Court may recall and examine witness.—The** Court may at any stage of a suit recall any witness
who has been examined and may (subject to the law of evidence for the time being in force) put such questions
to him as the Court thinks fit.
**17A. [Production of evidence not previously known or which could not be produced despite due diligence.]**
_omitted by the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999), s. 27 (w.e.f. 1-7-2002)._
**18.** **Power of Court to inspect.—The** Court may at any stage of a suit inspect any property or thing
concerning which any question may arise [4][and where the Court inspects any property or thing it shall, as soon
1. Subs. by s. 69, ibid., for rule 9 (w.e.f. 1-2-1977).
2. The provisions of rules 11, 13, 14, 15, so far as they relate to the manner of taking evidence, are not applicable to the Chief
Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2).
3. Subs. by Act 104 of 1976, s. 69, for the rule, (w.e.f. 1-2-1977).
4. Ins. by s. 69, ibid. (w.e.f. 1-2-1977).
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as may be practicable, make a memorandum of any relevant facts observed at such inspection and such
memorandum shall form a part of the record of the suit].
1[19. **Power to get statements recorded on commission.—Notwithstanding** anything contained in
these rules, the court may, instead of examining witnesses in open court, direct their statements to be
recorded on commission under rule 4A of Order XXVI.]
ORDER XIX
_Affidavits_
**1. Power to order any point to be proved by affidavit.—Any** Court may at any time for sufficient
reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any
witness may be read at the hearing, on such conditions as the Court thinks reasonable:
Provided that where it appears to the Court that either party _bona fide desires the production of a_
witness for cross-examination, and that such witness can be produced, an order shall not be made
authorising the evidence of such witness to be given by affidavit.
**2.** **Power to order attendance of deponent for cross-examination.—(1) Upon any application**
evidence may be given by affidavit, but the Court may, at the instance of either party, order the
attendance for cross-examination of the deponent.
(2) Such attendance shall be in Court, unless the deponent is exempted from personal appearance in
Court or the Court otherwise directs.
**3.** **Matters to which affidavits shall be confined.—(1) Affidavits shall be confined to such facts as**
the deponent is able of his own knowledge to prove, except on interlocutory applications, on which
statements of his belief may be admitted: provided that the grounds thereof are stated.
(2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative
matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the
party filing the same.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
In Order XIX of the Code, after Rule 3, insert the following new rules, namely
**4. Court may control evidence.—(1) The court may, by directions regulate the evidence as to issues**
on which it requires evidence and the manner in which such evidence may be placed before the court.
(2) The court may, in its discretion and for reasons to be recorded in writing, exclude evidence that
would otherwise be produced by the parties.
**5. Redacting or rejecting evidence.—A court may, in its discretion, for reasons to be recorded in**
writing—
(i) redact or order the redaction of such portions of the affidavit of examination-in-chief as do not,
in its view, constitute evidence; or
(ii) return or reject an affidavit of examination-in-chief as not constituting admissible evidence.
**6. Format and guidelines of affidavit of evidence.—An affidavit must comply with the form and**
requirements set forth below:—
(a) such affidavit should be confined to, and should follow the chronological sequence of, the dates
and events that are relevant for proving any fact or any other matter dealt with;
(b) where the court is of the view that an affidavit is a mere reproduction of the pleadings, or
contains the legal grounds of any party's case, the court may, by order, strike out the affidavit or such
parts of the affidavit, as it deems fit and proper;
1. Ins. by Act 46 of 1999, s. 27 (w.e.f. 1-7-2002).
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(c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the
subject;
(d) an affidavit shall state—
(i) which of the statements in it are made from the deponent's own knowledge and which are
matters of information or belief; and
(ii) the source for any matters of information or belief.
(e) an affidavit should—
(i) have the pages numbered consecutively as a separate document (or as one of several
documents contained in a file);
(ii) be divided into numbered paragraphs;
(iii) have all numbers, including dates, expressed in figures; and
(iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit
or any other pleadings, give the annexures and page numbers of such documents that are relied
upon.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
_Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]._
*[4. Court may control evidence. —(1) The Court may, by directions, regulate the evidence as to
issues on which it requires evidence and the manner in which such evidence may be placed before the
Court.
(2) The Court may, in its discretion and for reasons to be recorded in writing, exclude evidence that
would otherwise be produced by the parties.
**5.** **Redacting or rejecting evidence. — A Court may, in its discretion, for reasons to be recorded in**
writing––
(i) redact or order the redaction of such portions of the affidavit of examination-in-chief as do not,
in its view, constitute evidence; or
(ii) return or reject an affidavit of examination-in-chief as not constituting admissible evidence.
**6. Format and guidelines of affidavit of evidence.—An affidavit must comply with the form and**
requirements set forth below:—
(a) such affidavit should be confined to, and should follow the chronological sequence of, the
dates and events that are relevant for proving any fact or any other matter dealt with;
(b) where the Court is of the view that an affidavit is a mere reproduction of the pleadings, or
contains the legal grounds of any party’s case, the Court may, by order, strike out the affidavit or such
parts of the affidavit, as it deems fit and proper;
(c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of
the subject;
(d) an affidavit shall state—
(i) which of the statements in it are made from the deponent’s own knowledge and which are
matters of information or belief; and
(ii) the source for any matters of information or belief;
(e) an affidavit should—
_____________________
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
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(i) have the pages numbered consecutively as a separate document (or as one of several
documents contained in a file);
(ii) be divided into numbered paragraphs;
(iii) have all numbers, including dates, expressed in figures; and
(iv) if any of the documents referred to in the body of the affidavit are annexed to the
affidavit or any other pleadings, give the annexures and page numbers of such documents that are
relied upon.]
**Amendment of Order XIX.—In the Schedule, in Order XIX, in rule 1, for the existing proviso, the**
following proviso shall be substituted, namely:-
“Provided that if it appears to the Court, whether at the instance of either party, or otherwise and
whether before or after the filing of such affidavit, that the production of such witness for crossexamination is necessary and his attendance can be produced, the Court shall order the attendance of
such witness, whereupon the witness may be examined, cross-examined and re-examined.”
[Vide Uttar Pradesh Act 57 of 1976, s. 9]
______
ORDER XX
_Judgment and decree_
1[ 21. **Judgment when pronounced.—3[(1) The Court, after the case has been heard, shall pronounce**
judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the
judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due
notice shall be given to the parties or their pleaders:
Provided that where the judgment is not pronounced at once, every endeavour shall be made by the
Court to pronounce the judgment within thirty days from the date on which the hearing of the case was
concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary
circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and
such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case
was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders.]
*[(1) The Commercial Court, Commercial Division, or Commercial Appellate Division, as the case
may be, shall, within ninety days of the conclusion of arguments, pronounce judgment and copies thereof
shall be issued to all the parties to the dispute through electronic mail or otherwise.]
4[(2) Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court
on each issue and the final order passed in the case are read out and it shall not be necessary for the Court
to read out the whole judgment [5]***.
(3) The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is
specially empowered by the High Court in this behalf:
Provided that, where the judgment is pronounced by dictation in open Court, the transcript of the
judgment so pronounced shall, after making such correction therein as may be necessary, be signed by the
judge, bear the date on which it was pronounced, and form a part of the record.]
**2. Power to pronounce judgment written by judge’s predecessor.—[6][A** Judge shall] pronounce a
judgment written, but not pronounced, by his predecessor.
1. Subs. by Act 66 of 1956, s. 14, for rule I (w.e.f. 1-1-1957).
2. The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925
(U. P. Act 4 of 1925), s. 16 (2).
3. Subs. by Act 22 of 2002, s. 13, for sub-rule (1) (w.e.f. 1-7-2002), Earlier rule 1 renumbered as sub-rule (1) of that rule
by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977).
4. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977).
5. Certain words omitted by Act 46 of 1999, s. 28 (w.e.f. 1-2-1977).
6. Subs. by Act 104 of 1976, s. 70 for “A Judge may” (w.e.f. 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
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23. Judgment to be signed.—The judgment shall be dated and signed by the Judge in open Court at
the time of pronouncing it and, when once signed, shall not afterwards be altered or added, to save as
provided by section 152 or on review.
24. Judgments of Small Cause Courts.—(1) Judgments of a Court of Small Causes need not contain
more than the points for determination and the decision thereon.
(2) Judgments of other Courts.—Judgments of other Courts shall contain a concise statement of the
case, the points for determination, the decision thereon, and the reasons for such decision.
25. **Court to state its decision on each issue.—In** suits in which issues have been framed, the Court
shall state its finding or decision, with the reasons therefor, upon each separate issue, unless the finding
upon any one or more of the issue is sufficient for the decision of the suit.
4[5A. Court to inform parties as to where an appeal lies in cases where parties are not
**represented by pleaders.—Except** where both the parties are represented by pleaders, the Court shall,
when it pronounces its judgment in a case subject to appeal, inform the parties present in Court as to the
Court to which an appeal lies and the period of limitation for the filing of such appeal and place on record
the information so given to the parties.]
**6. Contents of decree.—(1) The** decree shall agree with the judgment it shall contain the number of
the suit, the [1][names and descriptions of the parties, their registered addresses,] and particulars of the
claim, and shall specify clearly the relief granted or other determination of the suit.
(2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of what
property and in what proportions such costs are to be paid.
(3) The Court may direct that the costs payable to one party by the other shall be set off against any
sum which is admitted or found to be due from the former to the latter.
2[6A. Preparation of decree.—(1) Every endeavour shall be made to ensure that the decree is drawn
up as expeditiously as possible and, in any case, within fifteen days from the date on which the judgment
is pronounced.
(2) An appeal may be preferred against the decree without filing a copy of the decree and in such a
case the copy made available to the party by the court shall for the purposes of rule 1 of Order XLI be
treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a
decree for the purposes of execution or for any other purpose.
**6B. Copies of judgments when to be made available.—Where** the judgment is pronounced, copies of
the judgment shall be made available to the parties immediately after the pronouncement of the judgment
for preferring an appeal on payment of such charges as may be specified in the rule made by the High
Court.]
7. **Date of decree.—The** decree shall bear the day on which the judgment was pronounced, and, when
the judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he
shall sign the decree.
**8. Procedure where Judge has vacated office before signing decree.—Where** a Judge has vacated
office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with
such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any
Court to which such Court was subordinate.
**9. Decree for recovery of immovable property.—Where** the subject-matter of the suit is immovable
property, the decree shall contain a description of such property sufficient to identify the same, and where
such property can be identified by boundaries or by numbers in a record of settlement or survey, the
decree shall specify such boundaries or numbers.
**10. Decree for delivery of movable property.—Where** the suit is for movable property, and the
decree is for the delivery of such property, the decree shall also state the amount of money to be paid as
an alternative if delivery cannot be had.
**11. Decree may direct payment by instalments.—(1)** Where and in so far as a decree is for the
payment of money, the Court may for any sufficient reason [3][incorporate in the decree, after hearing such
1. Subs. by Act 104 of 1976, s. 70, for “names and descriptions of the parties” (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999, s. 28, for rules 6A and 6B (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 70, for certain words (w.e.f. 1-2-1977).
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of the parties who had appeared personally or by pleader at the last hearing, before judgment, an order
that] payment of the amount decreed shall be postponed or shall be made by instalments, with or without
interest, notwithstanding anything contained in the contract under which the money is payable.
(2) Order, after decree, for payment by instalments.—After the passing of any such decree the Court
may, on the application of the judgment-debtor and with the consent of the decree-holder, order that payment
of the amount decreed shall be postponed or shall be made by instalments on such terms as to the payment of
interest, the attachment of the property of the judgment-debtor, or the taking of security from him, or
otherwise, as it thinks fit.
**12. Decree for possession and mesne** **profits.—(1) Where a suit is for the recovery of possession of**
immovable property and for rent or mesne profits, the Court may pass a decree—
(a) for the possession of the property;
1[(b) for the rents which have accrued on the property during the period prior to the institution of
the suit or directing an inquiry as to such rent.
(ba) for the mesne profits or directing an inquiry as to such mesne profits;]
(c) directing an inquiry as to rent or mesne profits from the institution of the suit until—
(i) the delivery of possession to the decree-holder,
(ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder
through the Court, or
(iii) the expiration of three years from the date of the decree,
whichever, event first occurs.
(2) Where an inquiry is directed under clause (b) or clause (c), a final decree in respect of the rent or
_mesne profits shall be passed in accordance with the result of such inquiry._
**2[12A. Decree for specific performance of contract for the sale or lease of immovable property.—**
Where a decree for the specific performance of a contract for the sale or lease of immovable property orders
that the purchase-money or other sum be paid by the purchaser or lessee, it shall specify the period within
which the payment shall be made.]
**13. Decree in administration suit.—(1)** Where a suit is for an account of any property and for its due
administration under the decree of the Court, the Court shall, before passing the final decree, pass a
preliminary decree ordering such accounts and inquiries to be taken and made, and giving such other
directions as it thinks fit.
(2) In the administration by the Court of the property of any deceased person, if such property proves
to be insufficient for the payment in full of his debts and liabilities, the same rules shall be observed as to
the respective rights of secured and unsecured creditors and as to debts and liabilities provable, and as to
the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time
being, within the local limits of the Court in which the administration-suit is pending with respect to the
estates of persons adjudged or declared insolvent; and all persons who in any such case would be entitled
to be paid out of such property, may come in under the preliminary decree, and make such claims against
the same as they may respectively be entitled to by virtue of this Code.
**14. Decree in pre-emption suit.—(1)** Where the Court decrees a claim to pre-emption in respect of a
particular sale of property and the purchase-money has not been paid into Court, the decree shall—
## (a) specify a day on or before which the purchase-money shall be so paid, and
(b) direct that on payment into Court of such purchase-money, together with the costs (if any)
decrees against the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver
possession of the property to the plaintiff, whose title thereto shall be deemed to have accrued from
the date of such payment, but that, if the purchase-money and the costs (if any) are not so paid, the
suit shall be dismissed with costs.
(2) Where the Court has adjudicated upon rival claims to pre-emption, the decree shall direct,—
(a) if and in so far as the claims decreed are equal in decree, that the claim of each pre-emptor
complying with the provisions of sub-rule (1) shall take effect in respect of a proportionate share of
1. Subs. by s. 70, ibid., for cl. (b) (w.e.f. 1-2-1977).
2. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977).
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the property including any proportionate share in respect of which the claim of any pre-emptor failing
to comply with the said provisions would, but for such default, have taken effect; and
(b) if and in so far as the claims decreed are different in degree, that the claim of the inferior pre
emptor shall not take effect unless and until the superior pre-emptor has failed to comply with the
said provisions.
**15. Decree in suit for dissolution of partnership.—Where** a suit is for the dissolution of a partnership,
or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary
decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand
dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to
be done, as it thinks fit.
**16. Decree in suit for account between principal and agent.—In** a suit for an account of pecuniary
transactions between a principal and an agent, and in any other suit not hereinbefore provided for, where it is
necessary, in order to ascertain the amount of money due to or from any party, that an account should be taken,
the Court shall, before passing its final decree, pass a preliminary decree directing such accounts to be
taken as it thinks fit.
**17.** **Special directions as to accounts.—The** Court may either by the decree directing an account to be
taken or by any subsequent order give special direction with regard to the mode in which the account is to
be taken or vouched and in particular may direct that in taking the account the books of account in which the
accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein
contained with liberty to the parties interested to take such objection thereto as they may be advised.
**18. Decree in suit for partition of property or separate possession of a share therein.—Where** the
Court passes a decree for the partition of property or for the separate possession of a share therein, then,—
(1) if and in so far as the decree relates to an estate assessed to the payment of revenue to the
Government, the decree shall declare the rights of the several parties interested in the property, but
shall direct such partition or separation to be made by the Collector, or any gazetted subordinate of
the Collector deputed by him in this behalf, in accordance with such declaration and with the
provisions of section 54;
(2) if and in so far as such decree relates to any other immovable property or to movable property,
the Court may, if the partition or separation cannot be conveniently made without further inquiry,
pass a preliminary decree declaring the rights of the several parties interested in the property and
giving such further directions as may be required.
**19. Decree when set-off or counter-claim is allowed.—(1)** Where the defendant has been allowed a
set-off [1][or counter-claim] against the claim of the plaintiff, the decree shall state what amount is due to
the plaintiff and what amount is due to the defendant, and shall be for the recovery of any sum which
appears to be due to either party.
(2) Appeal from decree relating to set-off or counter-claim.—Any decree passed in a suit in which
a set-off [1][or counter-claim] is claimed shall be subject to the same provisions in respect of appeal to
which it would have been subject if no set-off [1][or counter-claim] had been claimed.
(3) The provisions of this rule shall apply whether the set-off is admissible under rule 6 of Order VIII
or otherwise.
**20. Certified copies of judgment and decree to be furnished.—Certified copies of the judgment**
and decree shall be furnished to the parties on application to the Court, and at their expense.
______
2[ORDER XXA
_Costs_
**1. Provisions relating to certain items.—Without prejudice to the generality of the provisions of this**
Code relating to costs, the Court may award costs in respect of,—
1. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977).
2. Ins. by s. 71, ibid. (w.e.f. 1-2-1977).
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(a) expenditure incurred for the giving of any notice required to be given by law before the
institution of the suit;
(b) expenditure incurred on any notice which, though not required to be given by law, has been
given by any party to the suit to any other party before the institution of the suit;
(c) expenditure incurred on the typing, writing or printing of pleadings filed by any party;
(d) charges paid by a party for inspection of the records of the Court for the purposes of the suit;
(e) expenditure incurred by a party for producing witnesses, even though not summoned through
Court; and
(f) in the case of appeals, charges incurred by a party for obtaining any copies of judgments and
decrees which are required to be filed along with the memorandum of appeal.
**2. Costs** **to be awarded in accordance with the rules made by High Court.—The award of Costs**
under this rule shall be in accordance with such rules as the High Court may make in that behalf.]
______
ORDER XXI
_Execution of Decrees_ _and Orders_
_Payment under Decree_
1[1. Modes of paying money under decree.—(1) All money, payable under a decree shall be paid as
follows, namely:—
(a) by deposit into the court whose duty it is to execute the decree, or sent to that Court by postal
money order or through a bank; or
(b) out of Court, to the decree-holder by postal money order or through a bank or by any other
mode wherein payment is evidenced in writing; or
(c) otherwise, as the Court which made the decree, directs.
(2) Where any payments is made under clause (a) or clause (c) of sub-rule (1), the judgment-debtor
shall give notice thereof to the decree-holder either through the Court or directly to him by registered
post, acknowledgment due.
(3) Where money is paid by postal money order or through a bank under clause (a) or clause (b) of
sub-rule (1), the money order or payment through bank, as the case may be, shall accurately state the
following particulars, namely:—
(a) the number of the original suit;
(b) the names of the parties or where there are more than two plaintiffs or more than two
defendants, as the case may be, the names of the first two plaintiffs and the first two defendants;
(c) how the money remitted is to be adjusted, that is to say, whether it is towards the principal,
interest or costs;
(d) the number of the execution case of the Court, where such case is pending; and
(e) the name and address of the payer.
(4) On any amount paid under clause (a) or clause (c) of sub-rule (1), interest, if any, shall cease to
run from the date of service of the notice referred to in sub-rule (2).
(5) On any amount paid under clause (b) of sub-rule (1), interest, if any, shall cease to run from the
date of such payment:
Provided that, where the decree-holder refuses to accept the postal money order or payment through a
bank, interest shall cease to run from the date on which the money was tendered to him, or where he
avoids acceptance of the postal money order or payment through bank, interest shall cease to run from the
date on which the money would have been tendered to him in the ordinary course of business of the postal
authorities or the bank, as the case may be.]
**2. Payment out of Court to decree-holder.—(1) Where any money payable under a decree of any**
kind is paid out of Court, [2][or decree of any kind is otherwise adjusted] in whole or in part to the
1. Subs. by Act 104 of 1976, s. 72, for rule 1 (w.e.f. 1-2-1977).
2. Subs. by s. 72, ibid., for certain words (w.e.f. 1-2-1977).
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satisfaction of the decree-holder, the decree-holder shall certify such payment or adjustment to the Court
whose duty it is to execute the decree, and the Court shall record the same accordingly.
(2) The judgment-debtor [2][or any person who has become surety for the judgment-debtor] also may
inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decreeholder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be
recorded as certified; and if, after service of such notice, the decree-holder fails to show cause why the
payment or adjustment should not be recorded as certified, the Court shall record the same accordingly.
1[(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless—
(a) the payment is made in the manner provided in rule 1; or
(b) the payment or adjustment is proved by documentary evidence; or
(c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the
notice given under sub-rule (2) of rule 1, or before the Court.]
2(3) A payment or adjustment, which has not been certified or recorded as aforesaid, shall not be
recognized by any Court executing the decree.
_Courts executing decrees_
**3. Lands situate in more than one jurisdiction.—Where** immovable property forms one estate or
tenure situate within the local limits of the jurisdiction of two or more Courts, any one of such Courts
may attach and sell the entire estate or tenure.
**4. Transfer to Court of Small Causes. —Where a decree has been passed in a suit of which the value as**
set forth in the plaint did not exceed two thousand rupees and which, as regards its subject-matter, is not
excepted by the law for the title being in force from the cognizance of either a Presidency or a Provincial Court
of Small Causes, and the Court which passed it wishes it to be executed in Calcutta, Madras [3][or Bombay],
such Court may send to the Court of Small Causes in Calcutta, Madras [2][or Bombay], as the case may be, the
copies and certificates mentioned in rule 6; and such Court of Small Causes shall thereupon execute the decree
as if it had been passed by itself.
**4[5. Mode of transfer.—Where** a decree is to be sent for execution to another Court, the Court which
passed such decree shall send the decree directly to such other Court whether or not such other Court is
situated in the same State, but the Court to which the decree is sent for execution shall, if it has no
jurisdiction to execute the decree, send it to the Court having such jurisdiction.]
**6. Procedure where Court desires that its own decree shall be executed by another Court.—The**
Court sending a decree for execution shall send—
(a) a copy of the decree;
(b) a certificate setting forth that satisfaction of the decree has not been obtained by execution within
the jurisdiction of the Court by which it was passed, or, where the decree has been executed in part, the
extent to which satisfaction has been obtained and what part of the decree remains unsatisfied; and
(c) a copy of any order for the execution of the decree, or, if no such order has been made, a
certificate to that effect.
7. Court receiving copies of decree, etc., to file same without proof.—The Court to which a decree
is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or
order for execution, or of the copies thereof, unless the Court, for any special reasons to be recorded
under the hand of the Judge, requires such proof.
1. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).
2. In the application of the Act to Punjab, sub-rule (3) rep. by the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of 1934),
s. 36.
3. Subs. by the A.O. 1937, for “Bombay or Rangoon”.
4. Subs. by Act 104 of 1976, s. 72, for rule 5 (w.e.f. 1-2-1977).
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**8. Execution of decree or order by Court to which it is sent.—Where** such copies are so filed, the
decree or order may, if the Court to which it is sent is the District Court, be executed by such Court or be
transferred for execution to any subordinate Court of competent jurisdiction.
**9. Execution by High Court of decree transferred by other Court.—Where** the Court to which the
decree is sent for execution is a High Court, the decree shall be executed by such Court in the same
manner as if it had been passed by such Court in the exercise of its ordinary original civil jurisdiction.
_Application for execution_
**10. Application for execution.—Where** the holder of a decree desires to execute it, he shall apply to
the Court which passed the decree or to the officer (if any) appointed in this behalf, or if the decree has
been sent under the provisions hereinbefore contained to another Court then to such Court or to the proper
officer thereof.
**11. Oral application.—(1) Where a decree is for the payment of money the Court may, on the oral**
application of the decree-holder at the time of the passing of the decree, order immediate execution
thereof by the arrest of the judgment-debtor, prior to the preparation of a warrant if he is within the
precincts of the Court.
(2) Written application.—Save as otherwise provided by sub-rule (1), every application for the
execution of a decree shall be in writing, signed and verified by the applicant or by some other person
proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a
tabular form the following particulars, namely:—
(a) the number of the suit;
(b) the names of the parties;
(c) the date of the decree;
(d) whether any appeal has been preferred from the decree;
(e) whether any, and (if any) what, payment or other adjustment of the matter in controversy has
been made between the parties subsequently to the decree;
(f) whether any, and (if any) what, previous applications have been made for the execution of the
decree, the dates of such applications and their results;
(g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together
with particulars of any cross-decree, whether passed before or after the date of the decree sought to be
executed;
(h) the amount of the costs (if any) awarded;
(i) the name of the person against whom execution of the decree is sought; and
(j) the mode in which the assistance of the Court is required whether,—
(i) by the delivery of any property specifically decreed;
1[(ii) by the attachment, or by the attachment and sale, or by the sale without attachment, of
any property;]
(iii) by the arrest and detention in prison of any person;
(iv) by the appointment of a receiver;
(v) otherwise, as the nature of the relief granted may require.
(3) The Court to which an application is made under sub-rule (2) may require the applicant to produce
a certified copy of the decree.
2[11A. Application for arrest to state grounds.—Where an application is made for the arrest and
detention in prison of the judgment-debtor, it shall state, or be accompanied by an affidavit stating, the
grounds on which arrest is applied for.]
1. Subs. by Act 104 of 1976, s. 72, for sub-clause (ii) (w.e.f. 1-2-1977).
2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).
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**12.** **Application** **for** **attachment** **of** **movable** **property** **not** **in** **judgment-debtor’s**
**possession.—Where an application is made for the attachment of any movable property belonging to a**
judgment-debtor but not in his possession, the decree-holder shall annex to the application an inventory of
the property to be attached, containing a reasonably accurate description of the same.
**13. Application for attachment of immovable property to contain certain particulars.—Where**
an application is made for the attachment of any immovable property belonging to a judgment-debtor, it
shall contain at the foot—
(a) a description of such property sufficient to identify the same and, in case such property can be
identified by boundaries or numbers in a record of settlement or survey, a specification of such
boundaries or numbers; and
(b) a specification of the judgment-debtor’s share or interest in such property to the best of the
belief of the applicant, and so far as he has been able to ascertain the same.
**14. Power to require certified extract from Collector’s register in certain cases.—Where an**
application is made for the attachment of any land which is registered in the office of the Collector, the
Court may require the applicant to produce a certified extract from the register of such office, specifying
the persons registered as proprietors of, or as possessing any transferable interest in, the land or its
revenue, or as liable to pay revenue for the land, and the shares of the registered proprietors.
**15. Application for execution by Joint decree-holders.—(1) Where a decree has been passed**
jointly in favour of more persons than one, any one or more of such persons may, unless the decree
imposes any condition to the contrary, apply for the execution of the whole decree for the benefit of them
all, or, where any of them has died, for the benefit of the survivors and the legal representatives of the
deceased.
(2) Where the Court sees sufficient cause for allowing the decree to be executed on an application
made under this rule, it shall make such order as it deems necessary for protecting the interest of the
persons who have not joined in the application.
**16. Application for execution by transferee of decree.—Where a decree or, if a decree has been**
passed jointly in favour of two or more persons, the interest of any decree-holder in the decree is
transferred by assignment in writing or by operation of law, the transferee may apply for execution of the
decree to the Court which passed it; and the decree may be executed in the same manner and subject to
the same conditions as if the application were made by such decree-holder:
Provided that, where the decree, or such interest as aforesaid, has been transferred by assignment,
notice of such application shall be given to the transferor and the judgment-debtor, and the decree shall
not be executed until the Court has heard their objections (if any) to its execution:
Provided also that, where a decree for the payment of money against two or more persons has been
transferred to one of them, it shall not be executed against the others.
1[Explanation.—Nothing in this rule shall affect the provisions of section 146, and a transferee of
rights in the property, which is the subject matter of the suit, may apply for execution of the decree
without a separate assignment of the decree as required by this rule.]
**17. Procedure on receiving application for execution of decree.—(1) On receiving an application**
for the execution of a decree as provided by rule 11, sub-rule (2), the Court shall ascertain whether such
of the requirements of rules 11 to 14 as may be applicable to the case have been complied with; and, if
they have not been complied with, [2][the Court shall allow] the defect to be remedied then and there or
within a time to be fixed by it.
2[1A. If the defect is not so remedied, the Court shall reject the application:
Provided that where, in the opinion of the Court, there is some inaccuracy as to the amount referred to
in clauses (g) and (h) of sub-rule (2) of rule 11, the Court shall, instead of rejecting the application, decide
1. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
2. Subs. by s. 72, ibid., for certain words (w.e.f. 1-2-1977).
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provisionally (without prejudice to the right of the parties to have the amount finally decided in the course
of the proceedings) the amount and make an order for the execution of the decree for the amount so
provisionally decided.]
(2) Where an application is amended under the provisions of sub-rule (1), it shall be deemed to have
been an application in accordance with law and presented on the date when it was first presented.
(3) Every amendment made under this rule shall be signed or initialled by the Judge.
(4) When the application is admitted, the Court shall enter in the proper register a note of the
application and the date on which it was made, and shall, subject to the provisions hereinafter contained,
order execution of the decree according to the nature of the application:
Provided that, in the case of a decree for the payment of money, the value of the property attached
shall, as nearly as may be, correspond with the amount due under the decree.
**18. Execution in case of cross-decrees.—(1) Where applications are made to a Court for the**
execution of cross-decrees in separate suits for the payment of two sums of money passed between the
same parties and capable of execution at the same time by such Court, then—
(a) if the two sums are, equal, satisfaction shall be entered upon both decrees; and
(b) if the two sums are unequal execution may be taken out only by the holder of the decree for
the larger sum and for so much only as remains after deducting the smaller sum, and satisfaction for
the smaller sum shall be entered on the decree for the larger sum as well as satisfaction on the decree
for the smaller sum.
(2) This rule shall be deemed to apply where either party is an assignee of one of the decrees and as
well in respect of judgment-debts due by the original assignor as in respect of judgment-debts due by the
assignee himself.
(3) This rule shall not be deemed to apply unless—
(a) the decree-holder in one of the suits in which the decrees have been made is the judgment
debtor in the other and each party files the same character in both suits; and
(b) the sums due under the decrees are definite.
(4) The holder of a decree passed against several persons jointly and severally may treat it as a cross
decree in relation to a decree passed against him singly in favour of one or more of such persons.
_Illustrations_
(a) A holds a decree against B for Rs. 1,000. B holds a decree against A for payment of Rs. 1,000 in case A fails
to deliver certain goods at a future day. B cannot treat his decree as a cross-decree under this rule.
(b) A and B, co-plaintiffs, obtain a decree for Rs. 1,000. against C, and C obtains a decree for Rs. 1,000 against
B. C cannot treat his decree as a cross-decree under this rule.
A obtains a decree against B for Rs. 1,000. C, who is a trustee for B, obtains a decree on behalf of B against A
for Rs. 1,000. B cannot treat C's decree as a cross-decree under this rule.
A, B, C, D and E are jointly and severally liable for Rs. 1,000 under a decree obtained by F. A obtains a decree
for Rs. 1,000 against F singly and applies for execution to the Court in which the joint-decree is being executed. F
may treat his joint-decree as cross-decree under this rule.
**19. Execution in case of cross-claims under same decree.—Where application is made to a Court**
for the execution of a decree under which two parties are entitled to recover sums of money from each
other, then—
(a) if the two sums are equal, satisfaction for both shall be entered upon the decree; and
(b) if the two sums are unequal, execution may be taken out only by the party entitled to the larger
sum and for so much only as remains after deducting the smaller sum, and satisfaction for the smaller
sum shall be entered upon the decree.
**20. Cross-decrees and cross-claims in mortgage suits.—The provisions contained in rules 18 and**
19 shall apply to decrees for sale in enforcement of a mortgage or charge.
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**21. Simultaneous execution.—The Court may, in its discretion, refuse execution at the same time**
against the person and property of the judgment-debtor.
**22. Notice to show cause against execution in certain cases.—(1) Where an application for**
execution is made—
(a) more than [1][two years] after the date of the decree, or
(b) against the legal representative of a party to the decree [2][or where an application is made for
execution of a decree filed under the provisions of section 44A], [3][or]
4[(c) against the assignee or receiver in insolvency, where the party to the decree has been
adjudged to be an insolvent,]
the Court executing the decree shall issue a notice to the person against whom execution is applied for
requiring him to show cause, on a date to be fixed, why the decree should not be executed against him :
Provided that no such notice shall be necessary in consequence of more than [5][two years] having
elapsed between the date of the decree and the application for execution if the application is made within
2[two years] from the date of the last order against the party against whom execution is applied for, made
on any previous application for execution, or in consequence of the application being made against the
legal representative of the judgment-debtor if upon a previous application for execution against the same
person the Court has ordered execution to issue against him.
(2) Nothing in the foregoing sub-rule shall be deemed to preclude the Court from issuing any process
in execution of a decree without issuing the notice thereby prescribed, if, for reasons to be recorded, it
considers that the issue of such notice would cause unreasonable delay or would defeat the ends of
justice.
1[22A. Sale not be set aside on the death of the judgment-debtor before the sale but after the service
**of the proclamation of sale.—Where** any property is sold in execution of a decree, the sale shall not be set
aside merely by reason of the death of the judgment-debtor between the date of issue of the proclamation of
sale and the date of the sale notwithstanding the failure of the decree-holder to substitute the legal
representative of such deceased judgment-debtor, but, in case of such failure, the Court may set aside the sale
if it is satisfied that the legal representative of the deceased judgment-debtor has been prejudiced by the sale.]
**23. Procedure after issue of notice.—(1)** Where the person to whom notice is issued under [6][rule 22]
does not appear or does not show cause to the satisfaction of the Court why the decree should not be
executed, the Court shall order the decree to be executed.
(2) Where such person offers any objection to the execution of the decree, the Court shall consider
such objection and make such order as it thinks fit.
_Process for execution_
**24. Process for execution.—(1)** When the preliminary measures (if any) required by the foregoing
rules have been taken, the Court shall, unless it sees cause to the contrary, issue its process for the
execution of the decree.
(2) Every such process shall bear date the day on which it is issued, and shall be signed by the Judge
or such officer as the Court may appoint in this behalf, and shall be sealed with the seal of the Court and
delivered to the proper officer to be executed.
7[(3) In every such process, a day shall be specified on or before which it shall be executed and a day
shall also be specified on or before which it shall be returned to the Court, but no process shall be deemed
to be void if no day for its return is specified therein.]
1. Subs. by Act 104 of 1976, s. 72, for “one year” (w.e.f. 1-2-1977).
2. Ins. by Act 8 of 1937, s. 3.
3. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
4. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
5. Subs. by s. 72, ibid., for “one year” (w.e.f. 1-2-1977).
6. Subs. by Act 38 of 1978, s. 3 and the second Sch., for “the last preceding rule” (w.e.f. 26-11-1978).
7. Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977).
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**25. Endorsement on process.—(1)** The officer entrusted with the execution of the process shall
endorse thereon the day on, and the manner in, which it was executed, and, if the latest day specified in
the process for the return thereof has been exceeded, the reason of the delay, or, if it was not executed, the
reason why it was not executed, and shall return the process with such endorsement to the Court.
(2) Where the endorsement is to the effect that such officer is unable to execute the process, the Court
shall examine him touching his alleged inability, and may, if it thinks fit, summon and examine witnesses
as to such inability, and shall record the result.
_Stay of execution_
**26. When Court may stay execution.—(1) The Court to which a decree has been sent for execution**
shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable
the judgment-debtor to apply to the Court by which the decree was passed, or to any Court having
appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for
any other order relating to the decree or execution which might have been made by such Court of first
instance or Appellate Court if execution had been issued thereby, or if application for execution had been
made thereto.
(2) Where the property or person of the judgment-debtor has been seized under an execution, the
Court which issued the execution may order the restitution of such property or the discharge of such
person pending the result of the application.
**(3) Power to require security from, or impose conditions upon, judgment-debtor.—Before**
making an order to stay execution, or for the restitution of property or the discharge of the judgmentdebtor, [1][the Court shall require] such security from, or impose such condition upon, the judgment-debtor
as it thinks fit.
**27. Liability of judgment-debtor discharged.—No** order of restitution or discharge under rule 26
shall prevent the property or person of a judgment-debtor from being retaken in execution of the decree
sent for execution.
**28. Order of Court which passed decree or of Appellate Court to be binding upon Court applied**
**to.—Any order of the Court by which the decree was passed, or of such Court of appeal as aforesaid, in**
relation to the execution of such decree, shall be binding upon the Court to which the decree was sent for
execution.
**29. Stay of execution pending suit between decree-holder and judgment-debtors.—Where** a suit is
pending in any Court against the holder of a decree of such Court [2][or of a decree which is being executed
by such Court, on the part of the person against whom the decree was passed, the Court may, on such terms
as to security or otherwise, as it thinks fit, stay execution of the decree until the pending suit has been
decided:
2[Provided that if the decree is one for payment of money, the Court shall, if it grants stay without
requiring security, record its reasons for so doing.]
_Mode of execution_
**30. Decree for payment of money.—Every** decree for the payment of money, including a decree for
the payment of money as the alternative to some other relief, may be executed by the detention in the civil
prison of the judgment-debtor, or by the attachment and sale of his property, or by both.
**31. Decree for specific movable property.—(1) Where the decree is for any specific movable, or for**
any share in a specific movable, it may be executed by the seizure, if practicable, of the movable or share,
and by the delivery thereof to the party to whom it has been adjudged, or to such person as he appoints to
receive delivery on his behalf, or by the detention in the civil prison of the judgment-debtor, or by the
attachment of his property, or by both.
(2) Where any attachment under sub-rule (1) has remained in force for [3][three months,] if the
judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached
property sold, such property may be sold, and out of the proceeds the Court may award to the decreeholder, in cases where any amount has been fixed by the decree to be paid as an alternative to delivery of
1. Subs. by Act 104 of 1976, s. 72, for “the Court may require” (w.e.f. 1-2-1977).
2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).
3. Subs. by s. 72, ibid, for “six months” (w.e.f. 1-2-1977).
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movable property, such amount, and in other cases, such compensation as it thinks fit, and shall pay the
balance (if any) to the judgment-debtor on his application.
(3) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which he
is bound to pay, or where, at the end of [3][three months] from the date of the attachment, no application to
have the property sold has been made, or, if made, has been refused, the attachment shall cease.
**32. Decree for specific performance for restitution of conjugal rights, or for an injunction.—**
(1) Where the party against whom a decree for the specific performance of a contract, or for restitution of
conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and
has wilfully failed to obey it, the decree may be enforced [1][in the case of a decree for restitution of
conjugal rights by the attachment of his property or, in the case of a decree for the specific performance
of a contract or for an injunction] by his detention in the civil prison, or by the attachment of his property,
or by both.
(2) Where the party against whom a decree for specific performance or for an injunction has been
passed is a corporation, the decree may be enforced by the attachment of the property of the corporation
or, with the leave of the Court, by the detention in the civil prison of the directors or other principal
officers thereof, or by both attachment and detention.
(3) Where any attachment under sub-rule (1) or sub-rule (2) has remained in force for [2][six months,]
if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached
property sold, such property may be sold; and out of the proceeds the Court may award to the decreeholder such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his
application.
(4) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which
he is bound to pay, or where, at the end of [2][six months] from the date of the attachment no application to
have the property sold has been made, or if made has been refused, the attachment shall cease.
(5) Where a decree for the specific performance of a contract or for an injunction has not been obeyed,
the Court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to
be done may be done so far as practicable by the decree-holder or some other person appointed by the
Court, at the cost of the judgment-debtor, and upon the act being done the expenses incurred may be
ascertained in such manner as the Court may direct and may be recovered as if they were included in the
decree.
3[Explanation.—For the removal of doubts, it is hereby declared that the expression “the act required
to be done” covers prohibitory as well as mandatory injunctions.]
_Illustration_
A, a person of little substance, erects a building which renders uninhabitable a family mansion belonging to B.
A, in spite of his detention in prison and the attachment of his property, declines to obey a decree obtained against
him by B and directing him to remove the building. The Court is of opinion that no sum realizable by the sale of A's
property would adequately compensate B for the depreciation in the value of his mansion. B may apply to the Court
to remove the building and may recover the cost of such removal from A in the execution-proceedings.
**33. Discretion of Court in executing decrees for restitution of conjugal rights.—(1)**
Notwithstanding anything in rule 32, the Court, either at the time of passing a decree [4][against a husband]
for the restitution of conjugal rights or at any time afterwards, may order that the decree [5][shall be
executed in the manner provided in this rule.]
(2) Where the Court has made an order under sub-rule (1) [6]***, it may order that, in the event of the
decree not being obeyed within such period as may be fixed in this behalf, the judgment-debtor shall
1. Ins. by Act 29 of 1923, s. 2.
2. Subs. by Act 104 of 1976, s. 72, for “one year (w.e.f. 1-2-1977).
3. Ins. by Act 22 of 2002, s. 14 (w.e.f. 1-7-2002).
4. Ins. by Act 29 of 1923, s. 3.
5. Subs. by s. 3, ibid., for “shall not be executed by detention in prison”.
6. The words “and the decree-holder is the wife” omitted by s. 3, ibid.
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make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the
judgment-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments.
(3) The Court may from time to time vary or modify any order made under sub-rule (2) for the periodical
payment of money, either by altering the times of payment or by increasing or diminishing the amount, or may
temporarily suspend the same as to the whole or any part of the money so ordered to be paid, and again
review the same, either wholly or in part as it may think just.
(4) Any money ordered to be paid under this rule may be recovered as though it were payable under a
decree for the payment of money.
**34. Decree for execution of document, or endorsement of negotiable instrument.—(1)** Where a
decree is for the execution of a document or for the endorsement of a negotiable instrument and the
judgment-debtor neglects or refuses to obey the decree, the decree-holder may prepare a draft of the
document or endorsement in accordance with the terms of the decree and deliver the same to the Court.
(2) The Court shall there upon cause the draft to be served on the judgment-debtor together with a
notice requiring his objections (if any) to be made within such time as the Court fixes in this behalf.
(3) Where the judgment-debtor objects to the draft, his objections shall be stated in writing within
such time, and the Court shall make such order approving or altering the draft, as it thinks fit.
(4) The decree-holder shall deliver to the Court a copy of the draft with such alterations (if any) as the
Court may have directed upon the proper stamp-paper if a stamp is required by the law for the time being
in force; and the Judge or such officer as may be appointed in this behalf shall execute the document so
delivered.
(5) The execution of a document or the endorsement of a negotiable instrument under this rule may
be in the following form, namely:—
“C. D., Judge of the Court of,
(or as the case may be), for A. B., in a suit by E. F against A. B.”,
and shall have the same effect as the execution of the document or the endorsement of the negotiable
instrument by the party ordered to execute or endorse the same.
1[(6) (a) Where the registration of the document is required under any law for the time being in force,
the Court, or such officer of the Court as may be authorised in this behalf by the Court, shall cause the
document to be registered in accordance with such law.
(b) Where the registration of the document is not so required, but the decree-holder desires it to be
registered, the Court may make such order as it thinks fit.
_(c) Where the Court makes any order for the registration of any document, it may make such order as_
it thinks fit as to the expenses of registration.]
**35.** **Decree for immovable property.—(1)** Where a decree is for the delivery of any immovable
property, possession thereof shall be delivered to the party to whom it has been adjudged, or to such
person as he may appoint to receive delivery on his behalf, and, if necessary, by removing any person
bound by the decree who refuses to vacate the property.
(2) Where a decree is for the joint possession of immovable property, such possession shall be
delivered by affixing a copy of the warrant in some conspicuous place on the property and proclaiming by
beat of drum, or other customary mode, at some convenient place, the substance of the decree.
(3) Where possession of any building on enclosure is to be delivered and the person in possession,
being bound by the decree, does not afford free access, the Court, through its officers, may, after giving
reasonable warning and facility to any woman not appearing in public according to the customs of the
country to withdraw, remove or open any lock or bolt or break open any door or do any other act
necessary for putting the decree-holder in possession.
**36. Decree for delivery of immovable property when in occupancy of tenant.—Where a decree is for**
the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the
same and not bound by the decree to relinquish such occupancy, the Court shall order delivery to be made by
1. Subs. by Act 104 of 1976, s. 72, for sub-rule (6) (w.e.f. 1-2-1977).
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affixing a copy of the warrant in some conspicuous place on the property, and proclaiming to the occupant by
beat of drum or other customary mode, at some convenient place, the substance of the decree in regard to the
property.
**37. Discretionary power to permit judgment-debtor to show cause against detention in**
**prison.—(1)** Notwithstanding anything in these rules, where an application is for the execution of a
decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who
is liable to be arrested in pursuance of the application, the Court [1][shall], instead of issuing a warrant for
his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the notice
and show cause why he should not be committed to the civil prison:
2[Provided that such notice shall not be necessary if the Court is satisfied, by affidavit, or otherwise,
that, with the object or effect of delaying the execution of the decree, the judgment-debtor is likely to
abscond or leave the local limits of the jurisdiction of the Court.]
(2) Where appearance is not made in obedience to the notice, the Court shall, if the decree-holder so
requires, issue a warrant for the arrest of the judgment-debtor.
**38. Warrant for arrest to direct judgment-debtor to be brought up.—Every warrant for the**
arrest of a judgment-debtor shall direct the officer entrusted with its execution to bring him before the
Court with all convenient speed, unless the amount which he has been ordered to pay, together with the
interest thereon and the costs (if any) to which he is liable, be sooner paid.
**39.** **Subsistence allowance.—(1)** No judgment-debtor shall be arrested in execution of a decree
unless and until the decree-holder pays into Court such sum as the Judge thinks sufficient for the
subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court.
(2) Where a judgment-debtor is committed to the civil prison in execution of a decree, the Court
shall fix for his subsistence such monthly allowance as he may be entitled to according to the scales fixed
under section 57, or, where no such scales have been fixed, as it considers sufficient with reference to the
class to which he belongs.
(3) The monthly allowance fixed by the Court shall be supplied by the party on whose application the
judgement-debtor has been arrested by monthly payments in advance before the first day of each month.
(4) The first payment shall be made to the proper officer of the Court for such portion of the current
month as remains unexpired before the judgment-debtor is committed to the civil prison, and the
subsequent payments (if any) shall be made to the officer in charge of the civil prison.
(5) Sums disbursed by the decree-holder for the subsistence of the judgment-debtor in the civil
prison shall be deemed to be costs in the suit :
Provided that the judgment-debtor shall not be detained in the civil prison or arrested on account of
any sum so disbursed.
3[40. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.—(1)
When a judgment-debtor appears before the Court in obedience to a notice issued under rule 37, or is brought
before the Court after being arrested in execution of a decree for the payment of money, the Court shall
proceed to hear the decree-holder and take all such evidence as may be produced by him in support of his
application for execution and shall then give the judgment-debtor an opportunity of showing cause why he
should not be committed to the civil prison.
(2) Pending the conclusion of the inquiry under sub-rule (1) the Court may, in its discretion, order the
judgment-debtor to be detained in the custody of an officer of the Court or release him on his furnishing
security to the satisfaction of the Court for his appearance when required.
1. Subs. by Act 21 of 1936, s. 3, for “may”.
2. Ins. by s. 3, ibid.
3. Subs. by s. 4, ibid., for rule 40.
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(3) Upon the conclusion of the inquiry under sub-rule (1) the Court may, subject to the provisions of
section 51 and to the other provisions of this Code, make an order for the detention of the judgmentdebtor in the civil prison and shall in that event cause him to be arrested if he is not already under arrest:
Provided that in order to give the judgment-debtor an opportunity of satisfying the decree, the Court
may, before making the order of detention, leave the judgment-debtor in the custody of an officer of the
Court for a specified period not exceeding fifteen days or release him on his furnishing security to the
satisfaction of the Court for his appearance at the expiration of the specified period if the decree be not
sooner satisfied.
(4) A judgment-debtor released under this rule may be re-arrested.
(5) When the Court does not make an order of detention under sub-rule (3) it shall disallow the
application and, if the judgment-debtor is under arrest, direct his release.]
_Attachment of property_
**41. Examination of judgment-debtor as to his property.—[1][(1)]** Where a decree is for the payment
of money the decree-holder may apply to the Court for an order that—
(a) the judgment-debtor, or
(b) [2][where the judgment-debtor is a corporation], any officer thereof, or
(c) any other person,
be orally examined as to whether any or what debts are owing to the judgment-debtor and whether the
judgment-debtor has any and what other property or means of satisfying the decree; and the Court may
make an order for the attendance and examination of such judgment-debtor, or officer or other person,
and for the production of any books or documents.
3[(2) Where a decree for the payment of money has remained unsatisfied for a period of thirty days,
the Court may, on the application of the decree-holder and without prejudice to its power under sub-rule
(1), by order require the judgment-debtor or where the judgment-debtor is a corporation, any officer
thereof, to make an affidavit stating the particulars of the assets of the judgment-debtor.
(3) In case of disobedience of any order made under sub-rule (2), the Court making the order, or any
Court to which the proceeding is transferred, may direct that the person disobeying the order be detained
in the civil prison for a term not exceeding three months unless before the expiry of such term the Court
directs his release.]
**42. Attachment in case of decree for rent or mesne** **profits** **or other matter, amount of which to**
**be subsequently determined.—Where** a decree directs an inquiry as to rent or mesne profits or any other
matter, the property of the judgment-debtor may, before the amount due from him has been ascertained,
be attached, as in the case of an ordinary decree for the payment of money.
**43. Attachment of movable property, other than agricultural produce, in possession of**
**judgment-debtor.—Where** the property to be attached is movable property other than agricultural
produce, in the possession of the judgement-debtor, the attachment shall be made by actual seizure, and
the attaching officer shall keep the property in his own custody or in the custody of one of his
subordinates, and shall be responsible for the due custody thereof :
Provided that, when the property seized is subject to speedy and natural decay, or when the expense
of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once.
1. Rule 41 renumbered as sub-rule (1) by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
2. Subs. by s. 72, ibid., for “in the case of a corporation” (w.e.f. 1-2-1977).
3. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).
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3[43A. Custody of movable property.—(1) Where the property attached consists of live-stock, agricultural
implements or other articles which cannot conveniently be removed and the attaching officer does not act under
the proviso to rule 43, he may, at the instance of the judgment-debtor or of the decree holder or of any
other person claiming to be interested in such property, leave it in the village or place where it has been
attached, in the custody of any respectable person (hereinafter referred to as the “custodian”).
(2) If the custodian fails, after due notice, to produce such property at the place named by the Court
before the officer deputed for the purpose or to restore it to the person in whose favour restoration is
ordered by the Court, or if the property, though so produced or restored, is not in the same condition as it
was when it was entrusted to him,—
(a) the custodian shall be liable to pay compensation to the decree-holder, judgment-debtor or any
other person who is found to be entitled to the restoration thereof, for any loss or damage caused by
his default; and
(b) such liability may be enforced—
(i) at the instance of the decree-holder, as if the custodian were a surety under section 145;
(ii) at the instance of the judgement-debtor or such other person, on an application in
execution; and
(c) any order determining such liability shall be appealable as a decree.]
**44. Attachment of agricultural produce.—Where** the property to be attached is agricultural
produce, the attachment shall be made by affixing a copy of the warrant of attachment,—
(a) where such produce is a growing crop, on the land on which such crop has grown, or
(b) where such produce has been cut or gathered, on the threshing floor or place for treading out
grain or the like or fodder-stack on or in which it is deposited,
and another copy on the outer door or on some other conspicuous part of the house in which the
judgment-debtor ordinarily resides or, with the leave of the Court, on the outer door or on some other
conspicuous part of the house in which he carries on business or personally works for gain or in which he
is known to have last resided or carried on business or personally worked for gain; and the produce shall
thereupon be deemed to have passed into the possession of the Court.
**45. Provisions as to agricultural produce under attachment.—(1)** Where agricultural produce is
attached, the Court shall make such arrangements for the custody thereof as it may deem sufficient and,
for the purpose of enabling the Court to make such arrangements, every application for the attachment of
a growing crop shall specify the time at which it is likely to be fit to be cut or gathered.
(2) Subject to such conditions as may be imposed by the Court in this behalf either in the order of
attachment or in any subsequent order, the judgment-debtor may tend, cut, gather and store the produce and do
any other act necessary for maturing or preserving it; and if the judgment-debtor fails to do, all or any of such
acts, the decree-holder may, with the permission of the Court and subject to the like conditions, do all or any of
them either by himself or by any person appointed by him in this behalf and the costs incurred by the
decree-holder shall be recoverable from the judgment-debtor as if they were included in, or formed part of, the
decree.
(3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under
attachment or to require re-attachment merely because it has been served from the soil.
(4) Where an order for the attachment of a growing crop has been made at a considerable time before
the crop is likely to be fit to be cut or gathered, the Court may suspend the execution of the order for such
time as it thinks fit, and may, in its discretion, make a further order prohibiting the removal of the crop
pending the execution of the order of attachment.
(5) A growing crop which from its nature does not admit of being stored shall not be attached under
this rule at any time less than twenty days before the time at which it is likely to be fit to be cut or gathered.
**46. Attachment of debt, share and other property not in possession of judgment-debtor.—(1) In**
the case of—
(a) a debt not secured by a negotiable instrument,
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(b) a share in the capital of a corporation,
(c) other movable property not in the possession of the judgment-debtor, except property
deposited in, or in the custody of, any Court,
the attachment shall be made by a written order prohibiting,—
(i) in the case of the debt, the credit or from recovering the debt and the debtor from making
payment thereof until the further order of the Court;
(ii) in the case of the share, the person in whose name the share may be standing from transferring
the same or receiving any dividend thereon;
(iii) in the case of the other movable property except as aforesaid, the person in possession of the
same from giving it over to the judgement-debtor.
(2) A copy of such order shall be affixed on some conspicuous part of the court-house, and another
copy shall be sent in the case of the debt, to the debtor, in the case of the share, to the proper officer of the
corporation, and, in the case of the other movable property (except as aforesaid), to the person in
possession of the same.
(3) A debtor prohibited under clause _(i) of sub-rule (1) may pay the amount of his debt into Court,_
and such payment shall discharge him as effectually as payment to the party entitled to receive the same.
**1[46A. Notice to garnishee.—(1) The Court may in the case of a debt (other than a debt secured by a**
mortgage or a charge) which has been attached under rule 46 upon the application of the attaching
creditor, issue notice to the garnishee liable to pay such debt, calling upon him either to pay into Court the
debt due from him to the judgment-debtor or so much thereof as may be sufficient to satisfy the decree
and costs of execution, or to appear and show cause why he should not do so.
(2) An application under sub-rule (1) shall be made on affidavit verifying the facts alleged and stating
that in the belief of the deponent, the garnishee is indebted to the judgment-debtor.
(3) Where the garnishee pays in the Court the amount due from him to the judgment-debtor or so
much thereof as is sufficient to satisfy the decree and the costs of the execution, the Court may direct that
the amount may be paid to the decree-holder towards satisfaction of the decree and costs of the execution.
**46B. Order against garnishee.—Where the garnishee does not forthwith pay into Court the amount**
due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs
of execution, and does not appear and show cause in answer to the notice, the Court may order the
garnishee to comply with the terms of such notice, and on such order, execution may issue as though such
order were a decree against him.
**46C. Trial of disputed questions.—Where the garnishee disputes liability, the Court may order that**
any issue of question necessary for the determination of liability shall be tried as if it where an issue in a
suit, and upon the determination of such issue shall make such order or orders as it deems fit:
Provided that if the debt in respect of which the application under rule 46A is made is in respect of a
sum of money beyond the pecuniary jurisdiction of the Court, the Court shall send the execution case to
the Court of the District Judge to which the said Court is subordinate, and thereupon the Court of the
District Judge or any other competent Court to which it may be transferred by the District Judge shall deal
with it in the same manner as if the case had been originally instituted in that Court.
**46D. Procedure where debt belongs to third person.—Where it is suggested or appears to be**
probable that the debt belongs to some third person, or that any third person has a lien or charge on, or
other interest in such debt, the Court may order such third person to appear and state the nature and
particulars of his claim, if any, to such debt and prove the same.
**46E. Order as regards third person.—After hearing such third person and any person or persons who**
may subsequently be ordered to appear, or where such third or other person or persons do not appear when so
ordered, the Court may make such order as is hereinbefore provided, or such other order or orders upon such
1. Ss. 46A to 46-I ins. by Act 104 of 1976, s. 72 (w.e.f 1-2-1977).
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terms, if any, with respect to the lien, charge or interest, as the case may be, of such third or other person
or persons as it may deem fit and proper.
**46F. Payment by garnishee to be valid discharge.—Payment** made by the garnishee on notice
under rule 46A or under any such order as aforesaid shall be a valid discharge to him as against the
judgement-debtor and any other person ordered to appear as aforesaid for the amount paid or levied,
although the decree in execution of which the application under rule 46A was made, or the order passed
in the proceedings on such application may be set aside or reversed.
**46G. Costs.—The costs of any application made under rule 46A and of any proceeding arising there**
from or incidental thereto shall be in the discretion of the Court.
**46H. Appeals.—An order made under rule 46B, rule 46C or rule 46E shall be applicable as a decree.**
**46-I.—Application to negotiable instruments.—The provisions of rules 46A to 46H (both**
inclusive) shall, so far as may be, apply in relation to negotiable instruments attached under rule 51 as
they apply in relation to debts.]
**47. Attachment of share in movables.—Where the property to be attached consists of the share or**
interest of the judgment-debtor in movable property belonging to him and another as co-owners, the
attachment shall be made by a notice to the judgment-debtor prohibiting him from transferring the share
or interest or charging it in any way.
**48. Attachment of salary or allowances of servant of the Government or railway company or**
**local authority.—(1) Where the property to be attached is the salary or allowances of a** [1][servant of the
Government] or of a servant of a railway company or local authority [2][or of a servant of a corporation
engaged in any trade or industry which is established by a Central, Provincial or State Act, or a
Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956)] the Court,
whether the judgment-debtor or the disbursing officer is or is not within the local limits of the Court’s
jurisdiction, may order that the amount shall, subject to the provisions of section 60, be withheld from
such salary or allowances either in one payment or by monthly instalments as the Court may direct; and
upon notice of the order to such officer as [3][the appropriate Government may by notification in the
Official Gazette] appoint [4][in this behalf,—
(a) where such salary or allowances are to be disbursed within the local limits to which this Code for
the time being extends, the officer or other person whose duty it is to disburse the same shall withhold
and remit to the Court the amount due under the order, or the monthly instalments, as the case may be;
(b) where such salary or allowances are to be disbursed beyond the said limits, the officer or other
person within those limits whose duty it is to instruct the disbursing authority regarding the amount of the
salary or allowances to be disbursed shall remit to the Court the amount due under the order, or the
monthly instalments, as the case may be, and shall direct the disbursing authority to reduce the aggregate
of the amounts from time to time, to be disbursed by the aggregate of the amounts from time to time
remitted to the Court.]
(2) Where the attachable proportion of such salary or allowances is already being withheld and
remitted to a Court in pursuance of a previous and unsatisfied order of attachment, the officer appointed
by [5][the appropriate Government] in this behalf shall forthwith return the subsequent order to the Court
issuing it with a full statement of all the particulars of the existing attachment.
1. Subs. by Act 5 of 1943, s. 3, for “public officer”.
2. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
3. Subs. by Act 25 of 1942, s. 3 and the second Sch., for “the Central Government or the Provincial Government may by
notification in the Official Gazette”.
4. Subs. by Act 26 of 1939, s. 2, for certain words.
5. Subs. by Act 25 of 1942, s. 3, and the Schedule, for “the Central Government or the Provincial Government, as the may be”.
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1[(3) Every order made under this rule, unless it is returned in accordance with the provisions of
sub-rule (2) shall, without further notice or other process, bind the appropriate Government or the railway
company or local authority or corporation of Government company, as the case may be, while the judgementdebtor is within the local limits to which this Code for the time being extends and while he is beyond those
limits, if he is in receipt of any salary or allowances payable out of the Consolidated Fund of India or the
Consolidated Fund of the State or the funds of a railway company or local authority or corporation or
Government company in India; and the appropriate Government or the railway company or local authority or
corporation or Government company, as the case may be, shall be liable for any sum paid in contravention of
this rule.]
2[Explanation.—In this rule, “appropriate Government” means,—
(i) As respects any person in the service of the Central Government, or any servant of a railway
administration or of a cantonment authority or of the port authority of a major port, or any servant of a
corporation engaged in any trade or industry which is established by a Central Act, or any servant of a
Government company in which any part of the share capital is held by the Central Government or by
more than one State Governments or partly by the Central Government and partly by one or more State
Governments, the Central Government;
(ii) As respects any other servant of the Government, or a servant of any other local or other
authority, or any servant of a corporation engaged in any trade or industry which is established by a
Provincial or State act, or a servant of any other Government company, the State Government.]
**3[48A. Attachment of salary or allowances of private employees.—(1)Where the property to be**
attached is the salary or allowances of an employee other than an employee to whom rule 48 applies, the
Court, where the disbursing officer of the employee is within the local limits of the Court’s jurisdiction,
may order than the amount shall, subject to the provision of section 60, be withheld from such salary or
allowances either in one payment or by monthly instalments as the Court may direct; and upon notice of
the order to such disbursing officer, such disbursing officer shall remit to the court the amount due under
the order, or the monthly instalments, as the case may be.
(2) Where the attachable portion of such salary or allowances is already being withheld or remitted to
the Court in pursuance of a previous and unsatisfied order of attachment, the disbursing officer shall
forthwith return the subsequent order to the Court issuing it with a full statement of all the particulars of
the existing attachment.
(3) Every order made under this rule, unless it is returned in accordance with the provisions of
sub-rule (2), shall, without further notice or other process, hind the employer while the judgmentdebtors, is within the local limits to which this Code for the time being extends and while he is beyond
those-limits, if he is in receipt of salary or allowances payable out of the funds of an employer in any part
of India, and the employer shall be liable for any sum paid in contravention of this rule.]
**49. Attachment of partnership property.—(1) Save as otherwise provided by this rule, property**
belonging to a partnership shall not be attached or sold in execution of a decree other than a decree
passed against the firm or against the partners in the firm as such.
(2) The Court may, on the application of the holder of a decree against a partner, make an order
charging the interest of such partner in the partnership property, and profits with payment of the amount due
under the decree, and may, by the same or a subsequent order, appoint a receiver of the share of such partner
in the profits (whether already declared or accruing) and of any other money which may be coming to him in
respect of the partnership, and direct accounts and inquiries and make an order for the sale of such interest or
other orders as might have been directed or made if a charge had been made in favour of the decree holder
by such partner, or as the circumstances of the case may require.
(3) The other partner or partners shall be at liberty at any time to redeem the interest charged or, in
the case of a sale being directed, to purchase the same.
1. Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977).
2. Subs. by s. 72, ibid., for Explanation (w.e.f. 1-2-1977).
3. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).
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(4) Every application for an order under sub-rule (2) shall be served on the judgment-debtor and on
his partners or such of them as are within [1][India].
(5) Every application made by any partner of the judgment-debtor under sub-rule (3) shall be served
on the decree-holder and on the judgment-debtor, and on such of the other partners as do not join in the
application and as are within[1][India].
(6) Service under sub-rule (4) or sub-rule (5) shall be deemed to be service on all the partners and all
orders made on such applications shall be similarly served.
**50. Execution of decree against firm.—(1) Where a decree has been passed against a firm,**
execution may be granted—
(a) against any property of the partnership;
(b) against any person who has appeared in his own name under rule 6 or rule 7 of Order XXX or
who has admitted on the pleadings that he is, or who has been adjudged to be, a partner;
(c) against any person who has been individually served as a partner with a summons and has
failed to appear:
Provided that nothing in this sub-rule shall be deemed to limit or otherwise affect the provisions of
2[section 30 of the Indian Partnership Act, 1932 (9 of 1932)].
(2) Where the decree-holder claims to be entitled to cause the decree to be executed against any
person other than such a person as is referred to in sub-rule (1), clauses (b) and (c), as being a partner in
the firm, he may, apply to the Court which passed the decree for leave, and where the liability is not
disputed, such court may grant such leave, or, where such liability is disputed, may order that the liability
of such person be tried and determined in any manner in which any issue in a suit may be tried and
determined.
(3) Where the liability of any person has been tried and determined under sub-rule (2), the order made
thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it
were a decree.
(4) Save as against any property of the partnership, a decree against a firm shall not lease, render liable
or otherwise affect any partner therein unless he has been served with a summons to appear and answer.
3[(5) Nothing in this rule shall apply to a decree passed against a Hindu Undivided Family by virtue
of the provisions of rule 10 of Order XXX.]
**51. Attachment of negotiable instruments.—Where the property is a negotiable instrument not**
deposited in a Court, not in the custody of a public officer, the attachment shall be made by actual seizure,
and the instrument shall be brought into Court and held subject to further orders of the Court.
**52. Attachment of property in custody of Court or public officer.—Where the property to be**
attached is in the custody of any Court or public officer, the attachment shall be made by a notice to such
Court or officer, requesting that such property, and any interest or dividend becoming payable thereon,
may be held subject to the further orders of the Court from which the notice is issued:
Provided that, where such property is in the custody of a Court, any question of title or priority
arising between the decree-holder and any other person, not being the judgment-debtor, claiming to be
interested in such property by virtue of any assignment, attachment or otherwise, shall be determined by
such Court.
**53. Attachment of decrees.—(1) Where the property to be attached is a decree, either for the**
payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made,—
(a) if the decrees were passed by the same Court, then by Order of such Court, and
1. Subs. by Act 2 of 1951, s. 3, for “the States”.
2. Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977).
3. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).
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(b) if the decree sought to be attached was passed by another Court, then by the issue to such
other Court of a notice by the Court which passed the decree sought to be executed, requesting such
other Court to stay the execution of its decree unless and until—
(i) the court which passed the decree sought to be executed cancels the notice, or
1[(ii) (a) the holder of the decree sought to be executed, or
(b) his judgment-debtor with the previous consent in writing of such decree-holder, or with the
permission of the attaching Court,
applies to the Court receiving such notice to execute the attached decree.]
(2) Where a Court makes an order under clause (a) of sub-rule (1), or receives an application under
sub-head (ii) of clause (b) of the said sub-rule, it shall, on the application of the creditor who has attached
the decree or his judgment-debtor, proceeds to execute the attached decree and apply the net proceeds in
satisfaction of the decree sought to be executed.
(3) The holder of a decree sought to be executed by the attachment of another of decree the nature
specified in sub-rule (1) shall be deemed to be the representative of the holder of the attached decree and
to be entitled to execute such attached decree in any manner lawful for the holder thereof.
(4) Where the property to be attached in the execution of a decree is a decree other than a decree of
the nature referred to in sub-rule (1), the attachment shall be made, by a notice by the Court which passed
the decree sought to be executed, to the holder of the decree sought to be attached, prohibiting him from
transferring or charging the same in any way, and, where such decree has been passed by any other Court,
also by sending to such other Court a notice to abstain from executing the decree sought to be attached
until such notice is cancelled by the Court from which it was sent.
(5) The holder of a decree attached under this rule shall give the Court executing the decree such
information and aid as may reasonably be required.
(6) On the application of the holder of a decree sought to be executed by the attachment of another
decree, the Court making an order of attachment under this rule shall give notice of such order to the
judgment-debtor bound by the decree attached; and no payment or adjustment of the attached decree
made by the judgment-debtor in contravention of such order [2][with knowledge thereof or] after receipt of
notice thereof, either through the Court or otherwise, shall be recognized by any Court so long as the
attachment remains in force.
**54.** **Attachment of immovable property.—(1) Where the property is immovable, the attachment**
shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in
any way, and all persons from taking any benefit from such transfer of charge.
2[(1A) The order shall also require the judgment-debtor to attend Court on a specified date to take
notice of the date to be fixed for settling the terms of the proclamation of sale.]
(2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other
customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then
upon, a conspicuous part of the Court-house, and also, where the property is land paying revenue to the
Government, in the office of the Collector of the district in which the land is situate [2][and, where the property
is land situate in a village, also in the office of the Gram Panchayat, if any, having jurisdiction over that
village.]
**55. Removal of attachment after satisfaction of decree.—Where—**
(a) the amount decreed with costs and all charges and expenses resulting from the attachment of any
property are paid into Court, or
(b) satisfaction of the decree is otherwise made through the Court or certified to the Court, or
(c) the decree is set aside or reversed,
the attachment shall be deemed to be withdrawn, and, in the case of immovable property, the withdrawal
shall, if the judgment-debtor so desires, be proclaimed at his expense, and a copy of the proclamation
shall be affixed in the manner prescribed by the last preceding rule.
1. Subs. by Act 104 of 1972, s. 72, for sub-clause (ii) (w.e.f. 1-2-1977).
2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).
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**56. Order for payment of coin or currency notes to party entitled under decree.—Where** the
property attached is current coin or currency notes, the Court may, at any time during the continuance of
the attachment, direct that such coin or notes, or a part thereof sufficient to satisfy the decree, be paid over
to the party entitled under the decree to receive the same.
1[57. **Determination of attachment.—(1)** Where any property has been attached in execution of a
decree and the Court, for any reason, passes an order dismissing the application for the execution of the
decree, the Court shall direct whether the attachment shall continue or cease and shall also indicate the
period up to which such attachment shall continue or the date on which such attachment shall cease.
(2) If the Court omits to give such direction, the attachment shall be deemed to have ceased.]
2[Adjudication of claims and objections
**58. Adjudication of claims to or objections to attachment of, property.—(1)** Where any claim is
preferred to, or any objection is made to the attachment of, any property attached in execution of a decree
on the ground that such property is not liable to such attachment, the Court shall proceed to adjudicate
upon the claim or objection in accordance with the provisions herein contained:
Provided that no such, claim or objection shall be entertained—
(a) where, before the claim is preferred or objection is made, the property attached has already
been sold; or
(b) where the Court considers that the claim or objection was designedly or unnecessarily delayed.
(2) All questions (including questions relating to right, title or interest in the property attached) arising
between the parties to a proceeding or their representatives under this rule and relevant to the adjudication of
the claim or objection, shall be determined by the Court dealing with the claim or objection and not by a
separate suit.
(3) Upon the determination of the questions referred to in sub-rule (2), the Court shall, in accordance
with such determination,—
(a) allow the claim or objection and release the property from attachment either wholly or to such
extent as it thinks fit; or
(b) disallow the claim or objection; or
(c) continue the attachment subject to any mortgage, charge or other interest in favour of any
person; or
(d) pass such order as in the circumstances of the case it deems fit.
(4) Where any claim or objection has been adjudicated upon under this rule, order made thereon shall
have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree.
(5) Where a claim or an objection is preferred and the Court, under the proviso to sub-rule (I), refuses
to entertain it, the party against whom such order is made may institute a suit to establish the right which
he claims to the property in dispute; but, subject to the result of such[-]suit, if any, an order so refusing to
entertain the claim or objection shall be conclusive.
**59. Stay of sale.—Where before the claim was preferred or the objection was made, the property**
attached had already been advertised for sale, the Court may—
(a) if the property is movable, make an order postponing the sale pending the adjudication of the
claim or objection, or
(b) if the property is immovable, make an order that, pending the adjudication of the claim or
objection, the property shall not be sold, or that pending such adjudication, the property may be sold
but the sale shall not be confirmed,
and any such order may be made subject to such terms and conditions as to security or otherwise as the
Court thinks fit.]
**60. [Release of property from attachment.]** _Omitted by the Code of Civil Procedure (Amendment)_
_Act, 1976 (104 of 1976), s. 72 (w.e.f. 1-2-1977)._
**61. [Disallowance of claim to property attached.] omitted by s. 72, ibid. (w.e.f. 1-2-1977).**
**62. [Continuance of attachment subject to claim of incumbrancer.] omitted by s. 72, ibid. (w.e.f. 1-2-**
1977).
**63. [Saving of suits to establish right to attached property.] omitted by s. 72, ibid. (w.e.f. 1-2-1977).]**
1. Subs. by Act 104 of 1976, s. 72, for rule 57 (w.e.f. 1-2-1977).
2. Subs. by s. 72, ibid., for the sub heading “Investigation of claims and objections” and for rules 58 to 63 (w.e.f. 1-2-1977).
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**64. Power to order property attached to be sold and proceeds to be paid to person entitled.—Any**
Court executing a decree may order that any property attached by it and liable to sale, or such portion
thereof as may see necessary to satisfy the decree, shall be sold, and that the proceeds of such sale, or a
sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same.
**65.** **Sales by whom conducted and how made.—save** as otherwise prescribed, every sale in
execution of a decree shall be conducted by an officer of the Court or by such other person as the Court
may appoint in this behalf, and shall be made by public auction in manner prescribed.
**66. Proclamation of sales by public auction.—(1)** Where any property is ordered to be sold by
public auction in execution of a decree, the Court shall cause a proclamation of the intended sale to be
made in the language of such Court.
(2) Such proclamation shall be drawn up after notice to the decree-holder and the judgment-debtor
and shall state the time and place of sale, and specify as fairly and accurately as possible—
(a) the property to be sold [1][or, where a part of the property would be sufficient to satisfy the
decree, such part];
(b) the revenue assessed upon the estate or past of the estate, where the property to be sold is an
interest in an estate or in part of an estate paying revenue to the Government;
(c) any incumbrance to which the property is liable;
(d) the amount for the recovery of which the sale is ordered; and
(e) every other thing which the Court considers material for a purchaser to know in order to judge
of the nature and value of the property:
1[Provided that where notice of the date for settling the terms of the proclamation has been given to
the judgment-debtor by means of an order under rule 54, it shall not be necessary to give notice under this
rule to the judgment-debtor unless the Court otherwise directs:
Provided further that nothing in this rule shall be construed as requiring the Court to enter in the
proclamation of sale its own estimate of the value of the property, but the proclamation shall include the
estimate, if any, given, by either or both of the Parties.
(3) Every application for an order for sale under this rule shall be accompanied by a statement signed
and verified in the manner hereinbefore prescribed for the signing and verification of pleadings and
containing, so far as they are known to or can be ascertained by the person making the varification, the
matters required by sub-rule (2) to be specified in the proclamation.
(4) For the purpose of ascertaining the matters to be specified in the proclamation, the Court may
summon any person whom it thinks necessary to summon and may examine him in respect to any such
matters and require him to produce any document in his possession or power relating thereto.
**67.** **Mode of making proclamation.—(1)** Every proclamation shall be made and published, as nearly
as may be, in the manner prescribed by rule 54, sub-rule (2).
(2) Where the Court so directs, such proclamation shall also be published in the Official Gazette or in
a local newspaper, or in both, and the costs of such publication shall be deemed to be costs of the sale.
(3) Where property is divided into lots for the purpose of being sold separately, it shall not be necessary
to make a separate proclamation for each lot, unless proper notice of the sale cannot, in the opinion of the
Court, otherwise be given.
1. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
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**68. Time of sale.—Save** in the case of property of the kind described in the proviso to rule 43, no sale
hereunder shall, without the consent in writing of the judgment-debtor, take place until after the
expiration of at least [1][fifteen days] in the case of immovable property, and of at least [2][seven days] in the
case of movable property, calculated from the date on which the copy of the proclamation has been
affixed on the court-house of the Judge ordering the sale.
**69. Adjournment or stoppage of sale.—(1)** The Court may, in its discretion, adjourn any sale
hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion
adjourn the sale, recording his reasons for such adjournment :
Provided that, where the sale is made in, or within the precincts of, the court-house, no such
adjournment shall be made without the leave of the Court.
(2) Where a sale is adjourned under sub-rule (1) for a longer period than [3][thirty] days afresh
proclamation under rule 67 shall be made, unless the judgment-debtor consents to waive it.
(3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the
costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that
the amount of such debt and costs has been paid into the Court which ordered the sale.
**70. [Saving of certain sales.] Omitted by the Code of Civil Procedure (Amendment) Act, 1956 (66 of**
1956), s. 14 (w.e.f. 1-1-1957).
**71. Defaulting purchaser answerable for loss on re-sale.—Any** deficiency of price which may
happen on a re-sale by reason of the purchaser's default, and all expenses attending such re-sale, shall be
certified to the Court [4]*** by the officer or other person holding the sale, and shall, at the instance of
either the decree-holder or the judgment-debtor, be recoverable from the defaulting purchaser under the
provisions relating to the execution of a decree for the payment of money.
**72. Decree holder not to bid for or buy property without permission.—(1) No holder of a decree**
in execution of which property is sold shall, without the express permission of the Court, bid for or
purchase the property.
(2) **Where decree-holder purchases, amount of decree may be taken as payment.—Where** a
decree-holder purchases with such permission, the purchase-money and the amount due on the decree
may, subject to the provisions of section 73, be set off against one another, and the Court executing the
decree shall enter up satisfaction of the decree in whole or in part accordingly.
(3) Where a decree-holder purchases, by himself or through another person, without such permission,
the Court may, if it thinks fit, on the application of the judgment-debtor or any other person whose interests
are affected by the sale, by order set aside the sale; and the costs of such application and order, and any
deficiency of price which may happen on the re-sale and all expenses attending it, shall be paid by the decreeholder.
5[72A. Mortgagee not to bid at sale without the leave of the Court.—(/) Notwithstanding anything
contained in rule 72, a mortgagee of immovable property shall not bid for or purchase property sold in
execution of a decree on the mortgage unless the Court grants him leave to bid for or purchase the property.
(2) If leave to bid is granted to such mortgagee, then the Court shall fix a reserve price as regards the
mortgagee, and unless the Court otherwise directs, the reserve price shall be—
(a) not less than the amount then due for principal, interest and costs in respect of the mortgage if
the property is sold in one lot; and
(b) in the case of any property sold in lots, not less than such sum as shall appear to the Court to
be properly attributable to each lot in relation to the amount then due for principal, interest and costs
on the mortgage.
1. Subs. by Act 104 of 1976, s. 72, for “thirty days” (w.e.f. 1-2-1977).
2. Subs. by s. 72, ibid., for “fifteen days” (w.e.f. 1-2-1977).
3. Subs. by s. 72, ibid., for “ seven days” (w.e.f. 1-2-1977).
4. The words “or to the Collector or subordinate of the Collector, as the case may,” omitted by Act 66 of 1956, s. 14 (w.e.f. 1-1
1957).
5. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
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(3) In other respects, the provisions of sub-rules (2) and (3) of rule 72 shall apply in relation to
purchase by the decree-holder under that rule.]
**73. Restriction on bidding or purchase by officers.—No** officer or other person having any duty to
perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to
acquire any interest in the property sold.
_Sale of movable property_
**74. Sale of agricultural produce.—(1) Where the property** to be sold is agricultural produce, the sale
shall be held,—
(a) if such produce is a growing crop, on or near the land on which such crop has grown, or
(b) if such produce has been cut or gathered, at or near-the threshing floor or place for trading out
grain or the like or fodder-stack on or in which it is deposited :
Provided that the Court may direct the sale to be held at the nearest place of public resort, if it is of
opinion that the Produce is thereby likely to sell to greater advantage.
(2) Where, on the produce being put up for sale,—
(a) a fair price, in the estimation of the person holding the sale, is not offered for it, and
(b) the owner of the produce or a person authorized to act in his behalf applies to have the sale
postponed till next day or, if a market is held at the place of sale, the next market-day,
the sale shall be postponed accordingly and shall be then completed, whatever price may be offered for
the produce.
**75. Special provisions relating to growing crops.—(1) Where the property to be sold is a growing crop**
and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so
fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be
held until the crop has been cut or gathered and is ready for storing.
(2) Where the crop from its nature does not admit of being stored, it may be sold before it is cut and
gathered, and the purchaser shall be entitled to enter on the land, and to do all that is necessary for the
purpose of tending and cutting or gathering it.
**76. Negotiable instruments and shares in corporations.—Where the property to be sold is a**
negotiable instrument or a share in a corporation, the Court may, instead of directing the sale to be made
by public auction, authorized the sale of such instrument or share through a broker.
**77. Sale by public auction.—(1) Where movable property is sold by public auction the price of each**
lot shall be paid at the time of sale or as soon after as the officer or other person holding the sale directs,
and in default of payment the property shall forthwith be re-sold.
(2) On payment of the purchase-money, the officer or other person holding the sale shall grant a
receipt for the same, and the sale shall become absolute.
(3) Where the movable property to be sold is a share in goods belonging to the judgment-debtor and a
co-owner, and two or more persons, of whom one is such co-owner, respectively bid the same sum for
such property or for any lot, the bidding shall be deemed to be the bidding of the co-owner.
**78. Irregularity not to vitiate sale, but any person injured may sue.—No irregularity in publishing**
or conducting the sale of movable property shall vitiate the sale; but any person sustaining any injury by
reason of such irregularity at the hand of any other person may institute a suit against him for compensation
or (if such other person is the purchaser) for the recovery of the specific property and for compensation in
default of such recovery).
**79. Delivery of movable property, debts and shares.—(1) Where the property sold is movable**
property of which actual seizure has been made, it shall be delivered to the purchaser.
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(2) Where the property sold is movable property in the possession of some person other than the
judgment-debtor, the delivery thereof to the purchaser shall be made by giving notice to the person in
possession prohibiting him from delivering possession of the property to any person except the purchaser.
(3) Where the property sold is a debt not secured by a negotiable instrument, or is a share in a
corporation, the delivery thereof shall be made by a written order of the Court prohibiting the creditor
from receiving the debt or any interest thereon, and the debtor from making payment thereof to any
person except the purchaser, or prohibiting the person in whose name the share, may be standing from
making any transfer of the share to any person except the purchaser, or receiving payment of any
dividend or interest thereon, and the manager, secretary or other proper officer of the corporation from
permitting any such transfer or making any such payment to any person except the purchaser.
**80. Transfer of negotiable instruments and shares.—(1)** Where the execution of a document or the
endorsement of the party in whose name a negotiable instrument or a share in a corporation is standing is
required to transfer such negotiable instrument or, share the Judge or such officer as he may appoint in
this behalf may execute such document or make such endorsement as may be necessary, and such
execution or endorsement shall have the same effect as an execution or endorsement by the party.
(2) Such execution or endorsement may be in the following form, namely :—
_A. B. by C.D. Judge of the Court of (or as the case may be), in a suit by E. F. against A.B._
(3) Until the transfer of such negotiable instrument or share, the Court may, by order, appoint some
person to receive any interest or dividend due thereon and to sign a receipt for the same; and any receipt
so signed shall be as valid and effectual for all purposes as if the same had been signed by the party
himself.
**81. Vesting order in case of other property.—In** the case of any movable property not hereinbefore
provided for, the Court may make an order vesting such property in the purchaser or as he may direct; and
such property shall vest accordingly.
_Sale of immovable property_
**82. What Court may order sales.—Sales** of immovable property in execution of decrees may be
ordered by any Court other than a Court of Small Causes.
**83. Postponement of sale to enable judgment-debtor to raise amount of decree.—(1)** Where an
order for the sale of immovable property has been made, if the judgment-debtor can satisfy the Court that
there is reason to believe that the amount of the decree may be raised by the mortgage or lease or private
sale of such property, or some part thereof, or of any other immovable property of the judgment-debtor,
the Court may, on his application, postpone the sale of the property comprised in the order for sale on
such terms and for such period as it thinks proper, to enable him to raise the amount.
(2) In such case the Court shall grant a certificate to the judgment-debtor authorizing him within a
period to be mentioned therein, and notwithstanding anything contained in section 64, to make the
proposed mortgage, lease or sale:
Provided that all moneys payable under such mortgage, lease or sale shall be paid, not to the
judgment-debtor, but, save in so far as a decree-holder is entitled to set-off such money under the
provisions of rule 72, into Court:
Provided also that not mortgage, lease or sale under this rule shall become absolute until it has been
confirmed by the Court.
(3) Nothing in this rule shall be deemed to apply to a sale of property directed to be sole in execution
of a decree for sale in enforcement of a mortgage of, or charge on, such property.
**84. Deposit by purchaser and re-sale on default.—(1)** On every sale of immovable property the
person declared to be the purchaser shall pay immediately after such declaration a deposit of twenty-five
per cent. on the amount of his purchase-money to the officer or other person conducting the sale, and in
default of such deposit, the property shall forthwith be re-sold.
(2) Where the decree-holder is the purchaser and is entitled to set-off the purchase-money under rule
72, the Court may dispense with the requirements of this rule.
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**85. Time for payment in full of purchase money.—The** full amount of purchase-money payable
shall be paid by the purchaser into Court before the Court closes on the fifteenth day from the sale of the
property:
Provided that, in calculating the amount to be so paid into Court, the purchaser shall have the
advantage of any set-off to which he may be entitled under rule 72.
**86.** **Procedure in default of payment.—In** default of payment within the period mentioned in the
last preceding rule, the deposit may, if the Court thinks fit, after defraying the expenses of the sale, be
forfeited to the Government, and the property shall be re-sold, and the defaulting purchaser shall forfeit
all claim to the property or to any part of the sum for which it may subsequently be sold.
**87.** **Notification on re-sale.—Every** re-sale of immovable property, in default of payment of the
purchase-money within the period allowed for such payment, shall be made after the issue of fresh
proclamation in the manner and for the period hereinbefore prescribed for the sale.
**88.** **Bid of co-sharer to have preference.—Where** the property sold is a share of undivided
immovable property and two or more persons, of whom one is a co-sharer, respectively bid the same sum
for such property or for any lot, the bid shall be deemed to be the bid of the co-sharer.
**89.** **Application to set aside sale on deposit.—(1)** Where immovable property has been sold in
execution of a decree, [1][any person claiming an interest in the property sold at the time of the sale or at
the time of making the application, or acting for or in the interest of such person,] may apply to have the
sale set aside on his depositing in Court,—
(a) for payment to the purchaser, a sum equal to five per cent. of the purchase-money, and
(b) for payment, to the decree-holder, the amount specified in the proclamation of sale as that for
the recovery of which the sale was ordered, less any amount which may, since the date of such
proclamation of sale, have been received by the decree-holder.
(2) Where a person applies under rule 90 to set aside the sale of his immovable property, he shall not,
unless he withdraws his application, be entitled to make or prosecute an application under this rule.
(3) Nothing in this rule shall relieve the judgment-debtor from any liability he may be under in
respect of costs and interest not covered by the proclamation of sale.
**2[90. Application to set aside sale on ground of irregularity or fraud.—(1)** Where any immovable
property has been sold in execution of a decree, the decree-holder, or the purchaser, or any other person
entitled to share in a rateable distribution of assets, or whose interests are affected by the sale, may apply to
the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it.
(2) No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it
unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by
reason of such irregularity or fraud.
(3) No application to set aside a sale under this rule shall be entertained upon any ground which the
applicant could have taken on or before the date on which the proclamation of sale was drawn up.
_Explanation.—The mere absence of, or defect in, attachment of the property sold shall not, by itself,_
be a ground for setting aside a sale under this rule.]
**91.** **Application by purchaser to set aside sale on ground of judgment-debtor having no saleable**
**interest.—The purchaser at any such sale in execution of a decree may apply to the Court to set aside the**
sale, on the ground that the judgment-debtor had no saleable interest in the property sold.
**92. Sale when to become absolute or be set aside.—(1) Where no application is made under rule 89,**
rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order
confirming the sale, and thereupon the sale shall become absolute:
1. Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977).
2. Subs. by s. 72, ibid., for rule 90 (w.e.f. 1-2-1977).
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1[Provided that, where any property is sold in execution of a decree pending the final disposal of any
claim to, or any objection to the attachment of, such property, the Court shall not confirm such sale until
the final disposal of such claim or objection.]
(2) Where such application is made and allowed, and where, in the case of an application-under rule
89, the deposit required by that rule is made within [2][sixty days] from the date of sale, [3][or in cases where
the amount deposited under rule 89 is found to be deficient owing to any clerical or arithmetical mistake
on the part of the depositor and such deficiency has been made good within such time as may be fixed by
the Court, the Court shall make an order setting aside the sale]:
Provided that no order shall be made unless notice of the application has been given to all persons
affected thereby:
4[Provided further that the deposit under this sub-rule may be made within sixty days in all such cases
where the period of thirty days, within which the deposit had to be made, has not expired before the
commencement of the Code of Civil Procedure (Amendment) Act, 2002.
(3) No suit to set aside an order made under this rule shall be brought by any person against whom
such order is made.
5[(4) Where a third party challenges the judgment-debtor’s title by filing a suit against the auction
purchaser, the decree-holder and the judgment-debtor shall be necessary parties to the suit.
(5) If the suit referred to in sub-rule (4) is decreed, the Court shall direct the decree-holder to refund
the money to the auction-purchaser, and where such an order is passed the execution proceeding in which
the sale had been held shall, unless the Court otherwise directs, be revived at the stage at which the sale
was ordered].
**93.** **Return of purchaser-money in certain cases.—Where** a sale of immovable property is set aside
under rule 92, the purchaser shall be entitled to an order for repayment of his purchase-money, with or
without interest as the Court may direct, against any person to whom it has been paid.
**94. Certificate to purchaser.—Where** a sale of immovable property has become absolute, the Court
shall grant a certificate specifying the property sold and the name of the person who at the time of sale is
declared to be the purchaser. Such certificate shall bear date the day on which the sale became absolute.
**95.** **Delivery of property in occupancy of judgment-debtor—Where** the immovable property sold
is in the occupancy of the judgment-debtor or of some person on his behalf or of some person claiming
under a title created by the judgment-debtor subsequently to the attachment of such property and a
certificate in respect thereof has been granted under rule 94, the Court shall, on the application of the
purchaser, order delivery to be made by putting such purchaser or any person whom he may appoint to
receive delivery on his behalf in possession of the property, and, if need be, by removing any person who
refuses to vacate the same.
**96.** **Delivery of property in occupancy of tenant.—Where** the property sold is in the occupancy of a
tenant or other person entitled to occupy the same and a certificate in respect thereof has been granted
under rule 94, the Court shall, on the application of the purchaser, order delivery to be made by affixing a
copy of the certificate of sale in some conspicuous place on the property, and proclaiming to the occupant
by beat of drum or other customary mode, at some convenient place, that the interest of the judgmentdebtor has been transferred to the purchaser.
_Resistance of delivery of possession to decree-holder or purchaser_
**97. Resistance or obstruction to possession of immovable property.—(1) Where the holder of a**
decree for the possession of immovable property or the purchaser of any such property sold in execution
of a decree is resisted or obstructed by any person in obtaining possession of the property, he may make
an application to the Court complaining of such resistance or obstruction.
6[(2) Where any application is made under sub-rule (1), the Court shall proceed to adjudicate upon the
application in accordance with the provisions herein contained.]
1. Added by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
2. Subs. by Act 22 of 2002, s. 14, for “thirty days” (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 72, for “the Court shall make an order setting aside the sale” (w.e.f. 1-2-1977).
4. Ins. by Act 22 of 2002, s. 14 (w.e.f. 1-7-2002).
5. Ins. by Act 104 of 1976, s. 72 (w.e.f 1-2-1977).
6. Subs. by s. 72, ibid., for sub-rule (2) (w.e.f. 1-2-1977).
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**1[98. Orders after adjudication.—(1) Upon the determination of the questions referred to in rule**
101, the Court shall, in accordance with such determination and subject to the provisions of sub-rule
(2),—
(a) make an order allowing the application and directing that the applicant be put into the
possession of the property or dismissing the application; or
(b) pass such other order as, in the circumstances of the case, it may deem fit.
(2) Where, upon such determination, the Court is satisfied that the resistance or obstruction was
occasioned without any just cause by the judgment-debtor or by some other person at his instigation or on
his behalf, or by any transferee, where such transfer was made during the pendency of the suit or
execution proceeding, it shall direct that the applicant be put into possession of the property, and where
the applicant is still resisted or obstructed in obtaining possession, the Court may also, at the instance of
the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf, to be
detained in the civil prison for a term which may extend to thirty days.
**99. Dispossession by decree-holder or purchaser.—(1) Where any person other than the** judgment
debtor is dispossessed of immovable property by the holder of a decree for the possession of such
property or, where such property has been sold in execution of a decree, by the purchaser thereof, he may
make an application to the Court complaining of such dispossession.
(2) Where any such application is made, the Court shall proceed to adjudicate upon the application in
accordance with the provisions herein contained.
**100. Order to be passed upon application complaining of dispossession.—Upon the determination** of
the questions referred to in rule 101, the Court shall, in accordance with such determination,—
(a) make an order allowing the application and directing that the applicant be put into the
possession of the property or dismissing the application; or
(b) pass such other order as, in the circumstances of the case, it may deem fit.
**101. Question to be determined.—All** questions (including questions relating to right, title or
interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule
99 or their representatives, and relevant to the adjudication of the application, shall be determined by the
Court dealing with the application and not by a separate suit and for this purpose, the Court shall,
notwithstanding anything to the contrary contained in any other law for the time being in force, be
deemed to have jurisdiction to decide such questions.
**102. Rules not applicable to transferee lite pendente.—Nothing** in rules 98 and 100 shall apply to
resistance or obstruction in execution of a decree for the possession of immovable property by a person to
whom the judgement-debtor has transferred the property after the institution of the suit in which the
decree was passed or to the dispossession of any such person.
_Explanation.—In this rule, “transfer” includes a transfer by operation of law._
**103. Orders to be treated as decrees.—Where** any application has been adjudicated upon under rule
98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as
to an appeal or otherwise as if it were a decree.]
2[104. Orders under rule 101 or rule 103 to be subject to the result or pending suit.—Every order
made under rule 101 or rule 103 shall subject to the result of any suit that may be pending on the date of
commencement of the proceeding in which such order, is made if in such suit the party against whom the
order under rule 101 or rule 103 is made has sought to establish a right which he claims to the present
possession of the property.
**105. Hearing of application.—(1) The Court, before** which an application under any of the
foregoing rules of this Order is pending, may fix a day for the hearing of the application.
(2) Where on the day fixed or on any other day to which the hearing may be adjourned the applicant
does not appear when the case is called on for hearing, the Court may make an order that the application
be dismissed.
1. Subs. by Act 104 of 1976, s. 72, for rules 98 to 103 (w.e.f. 1-2-1977).
2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).
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(3) Where the applicant appears and the opposite party to whom the notice has been issued by the
Court does not appear, the Court may hear the application ex parte and pass such order as it thinks fit.
_Explanation.—An application referred to in sub-rule (1) includes a claim or objection made under_
rule 58.
**106. Setting aside orders passed ex parte, etc.—(1) The applicant, against whom an order is made**
under sub-rule (2) rule 105 or the opposite party against whom an order is passed ex parte under sub-rule
(3) of that rule or under sub-rule (1) of rule 23, may apply to the Court to set aside the order, and if he
satisfies the Court that there was sufficient cause for his non-appearance whom the application was called
on for hearing, the Court shall set aside the order or such terms as to costs or otherwise as it thinks fit, and
shall appoint a day for the further hearing of the application.
(2) No order shall be made on an application under sub-rule (1) unless notice of the application has
been served on the other party.
(3) An application under sub-rule (1) shall be made within thirty days from the date of the order, or
where, in the case of an ex parte order, the notice was not duly served, within thirty days from the date
when applicant had knowledge of the order.]
**STATE AMENDMENT**
**Uttar Pradesh**
## Amendment of Order XXI.— In the First Schedule, in Order XXI, rule 104, rule 105 and rule 106 as inserted by Allahabad High Court shall be re-numbered as rule 106-A, rule 106-B and rule 106-C respectively.
[Vide Uttar Pradesh Act 57 of 1976, s. 10]
ORDER XXII
_Death, Marriage and Insolvency or Parties_
**1. No abatement by party's death if right to sue survives.—The death of a plaintiff or defendant**
shall not cause the suit to abate if the right to sue survives.
**2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.—**
Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue
survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants
alone, the Court shall cause an entry to the effect to be made on the record,. and the suit shall proceed at
the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.
**3.** **Procedure in case of death of one of several plaintiffs or of sole plaintiff.—(1) Where one of two**
or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a
sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application
made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall
proceed with the suit.
(2) Where within the time limited by law no application is made under sub-rule (1), the suit shall
abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may
award to him the costs which he may have incurred in defending the suit, to be recovered from the estate
of the deceased plaintiff.
**4.** **Procedure in case of death of one of several defentlants or of sole defendant.—(1) Where one**
of two or more defendants dies and the right to sue does not survive against the surviving defendant or
defendants alone or a sole defendant or sole surviving defendant dies and the right to sue survives, the
Court, on an application made in that behalf, shall cause the legal representative of the deceased
defendants to be made a party and shall proceed with the suit.
(2) Any person so made a party may make any defence appropriate to his character as legal
representative of the deceased defendant.
(3) Where within the time limited by law no application is made under sub-rule (1), the suit shall
abate as against the deceased defendant.
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1[(4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the
legal representatives of any such defendant who has failed to file a written statement or who, having filed
it, has failed to appear and contest the suit at the hearing; and judgment may, in such case, be pronounced
against the said defendant notwithstanding the death of such defendant and shall have the same force and
effect as if it has been pronounced before death took place.
(5) Where—
(a) the plaintiff was ignorant of the death of a defendant, and could not, for that reason, make an
application for the substitution of the legal representative of the defendant under this rule within the
period specified in the Limitation Act, 1963 (36 of 1963), and the suit has, in consequence, abated, and
(b) the plaintiff applies after the expiry of the period specified therefore in the Limitation Act,
1963 (36 of 1963), for setting aside the abatement and also for the admission of that application under
section 5 of that Act on the ground that he had, by reason of such ignorance, sufficient cause for not
making the application with the period specified in the said Act,
the Court shall, in considering the application under the said section 5, have due regard to the fact of such
ignorance, if proved.]
**2[4A. Procedure where there is no legal representative.—(1) If, in any suit, it shall appear to the Court**
that any party who has died during the pendency of the suit has no legal representative, the Court may, on the
application of any party to the suit, proceed in the absence of a person representing the estate of the deceased
person, or may be order appoint the Administrator-General, or an officer of the Court or such other person as it
thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order
subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he
would have been bound if a personal representative of the deceased person had been a party to the suit.
(2) Before making an order under this rule, the Court—
(a) may require notice of the application for the order to be given to such (if any) of the persons
having an interest in the estate of the deceased person as it thinks fit; and
(b) shall as certain that the person proposed to be appointed to represent the estate of the deceased
person is willing to be so appointed and has no interest adverse to that of the deceased person.]
**5. Determination of question as to legal representative.—Where** a question arises as to whether
any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such
question shall be determined by the Court:
1[Provided that where such question arises before an Appellate Court, that Court may, before
determining the question, direct any subordinate Court to try the question and to return the records
together with evidence, if any, recorded at such trial, its findings and reasons therefor, and the Appellate
Court may take the same into consideration in determining the question.]
**6. No** **abatement by reason of death after hearing.—Notwithstanding** anything contained in the
foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason of the
death of either party between the conclusion of the hearing and the pronouncing of the judgment, but
judgment may in such case be pronounced notwithstanding the death and shall have the same force and effect
as if it had been pronounced before the death took place.
**7. Suit not abated by marriage of female party.—(1) The marriage of a female plaintiff or**
defendant shall not cause the suit to abate, but the suit may notwithstanding be proceeded with the
judgment, and, where the decree is against a female defendant, it may be executed against her alone.
(2) Where the husband is by law liable for the debts of his wife, the decree may, with the permission
of the Court, be executed against the husband also; and, in case of judgment for the wife, execution of the
1. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977).
2. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977).
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decree may, with such permission, be issued upon the application of the husband, where the husband is by
law entitled to the subject-matter of the decree.
**8.** **When plaintiff's insolvency bars suit.—(1)** The insolvency of a plaintiff in any suit which the
assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless
such assignee or receiver declines to continue the suit or (unless for any special reason the Court
otherwise directs) to give security for the costs thereof within such time as the Court may direct.
(2) **Procedure where assignee fails to continue suit, or give security.—Where the assignee or**
receiver neglects or refuses to continue the suit and to give such security within the time so ordered, the
defendant may apply for the dismissal of the suit on the ground of the plaintiff's insolvency, and the Court
may make an order dismissing the suit an awarding to the defendant the costs which he has incurred in
defending the same to be proved as a debt against the plaintiff’s estate.
**9. Effect of abatement or dismissal.—(1) Where a suit abates or is dismissed under this Order, no**
fresh suit shall be brought on the same cause of action.
(2) The plaintiff or the person claiming to be the legal representative of a deceased plaintiff or the
assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement
or dismissal; and if it is proved that he was prevented by any sufficient cause from continuing the suit, the
Court shall set aside the abatement or dismissal upon such terms as to costs or otherwise as it thinks fit.
(3) The provisions of Section 5 of the [1][Indian Limitation Act, 1877 (15 of 1877)] shall apply to
applications under sub-rule (2).
2[Explanation.—Nothing in this rule shall be construed as barring, in any later suit, a defence based
on the facts which constituted the cause of action in the suit which had abated or had been dismissed
under this Order.]
**10. Procedure in case of assignment before final order in suit.—(1) In other cases of an**
assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of
the Court, be continued by or against the person to or upon whom such interest has come or devolved.
(2) The attachment of a decree pending an appeal therefrom shall be deemed to be an interest entitling
the person who procured such attachment to the benefit of sub-rule (1).
[2][10A. **Duty of pleader to communicate to Court death of a party.—Wherever a pleader**
appearing for a party to the suit comes to know of the death of that party, he shall inform the Court about
it, and the Court shall thereupon give notice of such death to the other party, and, for this purpose, the
contract between the pleader and the deceased party shall be deemed to subsist.]
**11. Application of Order to appeals.—In** the application of this Order to appeals, so far as may be,
the word “Plaintiff” shall be held to include an appellant, the word “defendant” a respondant, and the
word “suit”an appeal.
**12. Application of Order to proceedings.—Nothing in rules 3, 4 and 8 shall apply to proceedings in**
execution of a decree or order.
ORDER XXIII
_Withdrawal and Adjustment of Suits_
3[1. Withdrawal of suit or abandonment of part of claim.—(1) At any time after the institution
of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of
his claim:
Provided that where the plaintiff is a minor or other person to whom the provisions contained in
rules 1 to 14 of Order XXXII extend, neither the suit nor any part of the claim shall be abandoned without
the leave of the Court.
1. See now the Limitation Act, 1973 (36 of 1963), ss. 4 and 5.
2. Ins. by Act 104 of 1976, s. 73 (w.e.f 1-2-1977).
3. Subs. by s. 74, ibid., for rule 1 (w.e.f. 1-2-1977).
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(2) An application for leave under the proviso to sub-rule (1) shall be accompanied by an affidavit
of the next friend and also, if the minor or such other person is represented by a pleader, by a certificate of
the pleader to the effect that the abandonment proposed is, in his opinion, for the benefit of the minor or
such other person.
(3) Where the Court is satisfied,—
(a) that a suit must fail by reason of some formal defect, or
(b) that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the
subject matter of suit or part of a claim,
It may, on such terms as it thinks fit grant the plaintiff permission to withdraw from such suit or such part
of the claim with liberty to institute a fresh suit in respect of the subject-matter of such suit or such part of
the claim.
(4) Where the plaintiff—
(a) abandons any suit or part of claim under sub-rule (1), or
(b) withdraws from a suit or part of a claim without the permission referred to in sub-rule (3),
he shall be liable for such costs as the Court may award and shall be precluded from instituting any fresh
suit in respect of such subject-matter or such part of the claim.
(5) Nothing in this rule shall be deemed to authorise the Court to permit one of several plaintiffs to
abandon a suit or part of a claim under sub-rule (1), or to withdraw, under sub-rule (3), any suit or part of
a claim, without the consent of the other plaintiff.]
**1[1A.When transposition of defendants as plaintiffs may be permitted.—Where a suit is**
withdrawn or abandoned by a plaintiff under rule 1, and a defendant applies to be transposed as a plaintiff
under rule 10 of Order I the Court shall, in considering such application, have due regard to the question
whether the applicant has a substantial question to be decided as against any of the other defendants.]
**2. Limitation law not affected by first suit.—In any fresh suit instituted on permission granted**
under the last preceding rule, the plaintiff shall be bound by the law of limitation in the same manner as if
the first suit had not been instituted.
**3. Compromise of suit.—Where it is proved to the satisfaction of the Court that a suit has been**
adjusted wholly or in part by any lawful agreement or compromise [1][in writing and signed by the parties]
or where the defendant satisfied the plaintiff in respect to the whole or any part of the subject-matter of
the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a
decree in accordance therewith [2][so far as it relates to the parties to the suit, whether or not the subjectmatter of the agreement, compromise or satisfaction is the same as the subject-matter of the suit:]
1[Provided that where it is alleged by one party and denied by the other that an adjustment or
satisfaction has been arrived at, the Court shall decide the question; but not adjournment shall be granted
for the purpose of deciding the question, unless the Court, for reasons to be recorded, thinks fit to grant
such adjournment.]
1[Explanation.— An agreement or compromise which is void or voidable under the Indian Contract
Act, 1872 (9 of 1872), shall not he deemed to be lawful within the meaning of this rule.]
1[3A. Bar to suit.—No suit shall lie to set aside a decree on the ground that the compromise on which
the decree is based was not lawful.
**3B.** **No agreement or compromise to be entered in a representative suit without leave of**
**Court.—(1) No agreement or compromise in a representative suit shall be entered into without the leave**
of the Court expressly recorded in the proceedings; and any such agreement or compromise entered into
without the leave of the Court as recorded shall be void.
(2) Below granting such leave, the Court shall give notice in such manner as it may think fit to such
persons is as may appear to it to be interested in the suit.
1. Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977).
2. Subs. by s. 74, ibid., for certain words (w.e.f. 1-2-1977).
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_Explanation.—In this rule, “representative suit” means,—_
(a) a suit under Section 91 or Section 92,
(b) a suit under rule 8 of Order I,
(c) a suit in which the manager of an undivided Hindu family sues or is sued as representing the
other members of the family,
(d) any other suit in which the decree passed may, by virtue of the provisions of this Code or of
any other law for the time being in force, bind any person who is not named as party to the suit.]
**4.** **Proceedings in execution of decrees not affected.—Nothing in this Order shall apply to any**
proceedings in execution of a decree or order.
ORDER XXIV
_Payment into Court_
**1. Deposit by defendant of amount in satisfaction of claim.—The defendant in any suit to recover a**
debt or damages may, at any stage of the suit, deposit in Court such sum of money as he considers a
satisfaction in full of the claim.
**2. Notice of deposit.—Notice of the deposit shall be given through the Court by the defendant to the**
plaintiff, and the amount of the deposit shall (unless the Court otherwise directs) be paid to the plaintiff
on his application.
**3. Interest on deposit not allowed to plaintiff after notice.—No** interest shall be allowed to the
plaintiff on any sum deposited by the defendant from the date of the receipt of such notice, whether the
sum deposited is in full of the claim or falls short thereof.
**4. Procedure where plaintiff accepts deposit as satisfaction in part.—(1) Where the plaintiff**
accepts such amount as satisfaction in part only of his claim, he may prosecute his suit for the balance;
and, if the Court decides that the deposit by the defendant was a full satisfaction of the plaintiff's claim,
the plaintiff shall pay the costs of the suit incurred after the deposit and the costs incurred previous
thereto, so far as they were caused by excess in the plaintiff's claim.
(2) Procedure where he accepts it as satisfaction in full.—Where the plaintiff accepts such amount as
satisfaction in full of his claim, he shall present to the Court a statement to that effect, and such statement
shall be filed and the Court shall pronounce judgment accordingly; and, in directing by whom the costs of
each party are to be paid, the Court shall consider which of the parties is most to blame for the litigation.
_Illustrations_
(a) A owes B Rs. 100. B. sues A for the amount, having made no demand for payment and having no reason to believe
that the delay caused by making a demand would place him at a disadvantage. On the plaint being filed, A pays the money into
Court, B accepts it in full satisfaction of his claim, but the Court should not allow him any costs, the litigation being presumably
groundless on his part.
(h) B sues A under the circumstances mentioned in illustration (a). On the plaint being filed, A disputes the claim
Afterwards A pays the money into Court. B accepts in full satisfaction of his claim. The Court should also give B his cast of suit.
A's conduct having shown that the litigation was necessary.
(c) A owes B Rs. 100, and is willing to pay him that sum without suit.- B claims Rs. 150 and sues A for that amount. On the plaint
being filed, A pays Rs. 100 into Court and disputes only his liability to pay the remaining Rs. 50. B accepts the Rs. 100 in full satisfaction of
his claim. The Court should order him to pay A's costs.
ORDER XXV
_Security for Costs_
**1[1. When security for costs may be required from plaintiff.—(1) At any stage of a suit, the Court**
may, either of its own motion or on the application of any defendant, order the plaintiff, for reasons to be
1. Subs. by Act 66 of 1956, s. 14, for rule 1 (w.e.f. 1-1-1957).
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recorded, to give within the time fixed by it security for the payment of all costs incurred and likely to be
incurred by any defendant:
Provided that such an order shall be made in all cases in which it appears to the Court that a sole
plaintiff is, or (when there are more plaintiffs than one) that all the plaintiffs are, residing out of India and
that such plaintiff does not possess or that no one of such plaintiffs possesses any sufficient immovable
property within India other than the property in suit.
(2) Whoever leaves India under such circumstances as to afford reasonable probability that he will
not be forthcoming whenever he may be called upon to pay costs shall be deemed to be residing out of
India within the meaning of the proviso to sub-rule (1)].
**2. Effect of failure to furnish security.—(1) In the event of such security not being furnished within**
the time fixed, the Court shall make an order dismissing the suit unless the plaintiff or plaintiffs are
permitted to withdraw therefrom.
(2) Where a suit is dismissed under this rule, the plaintiff may apply for an order to set the dismissal
aside and, if it is proved to the satisfaction of the Court that he was prevented by any sufficient cause from
furnishing the security within the time allowed, the Court shall set aside the dismissal upon such terms as
to security; costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit.
(3) The dismissal shall not be set aside unless notice of such application has been served on the
defendant.
ORDER XXVI
COMMISSIONS
_Commissions to examine witnesses_
**1. Cases in which Court may issue commission to examine witness.—Any** Court may in any suit
issue a commission for the examination on interrogatories or otherwise of any person resident within the
local limits of its jurisdiction who is exempted under this Code from attending the Court or who is from
sickness or infirmity unable to attend it:
1[Provided that a commission for examination on interrogatories shall not be issued unless the
Court, for reasons to be recorded, thinks it necessary so to do.
_Explanation.—The_ Court may, for the purpose of this rule, accept a certificate purporting to be
signed by a registered medical practitioner as evidence of the sickness or infirmity of any person, without
calling the medical practitioner as a witness.]
**2. Order for commission.—An order for the issue of a commission for the examination of a witness**
may be made by the Court either of its own motion or on the application, supported by affidavit or
otherwise, of any party to the suit or of the witness to be examined.
**3. Where witness resides within Court’s jurisdiction.—A commission for the examination of a**
person who resides within the local limits of the jurisdiction of the Court issuing the same may be issued
to any person whom the Court thinks fit to execute it.
**4. Persons for whose examination commission may issue.—(1) Any Court may in any suit issue a**
commission [2][for the examination on interrogatories or otherwise of—]
(a) any person resident beyond the local limits of its jurisdiction;
(b) any person who is about to leave such limits before the date on which he is required to be
examined in Court; and
1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).
2. Subs. by s. 75, ibid., for “for the examination of” (w.e.f. 1-2-1977).
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(c) [1][any person in the service of the Government] who cannot in the opinion of the Court, attend
without detriment to the public service:
1[Provided that where, under rule 19 of Order XVI, a person cannot be ordered to attend a Court in
person, a commission shall be issued for his examination if his evidence is considered necessary in the
interests of justice:
Provided further that a commission for examination of such person on interrogatories shall not be
issued unless the Court, for reasons to be recorded, thinks it necessary so to do.]
(2) Such commission may be issued to any Court, not being a High Court, within the local limits of
whose jurisdiction such person resides, or to any pleader or other person whom the Court issuing the
commission may appoint.
(3) The Court on issuing any commission under this rule shall direct whether the commission shall be
returned to itself or to any subordinate Court.
**2[4A. Commission for examination of any person resident within the local limits of the**
**jurisdiction of the Court.—Notwithstanding anything contained in these rules, any court may, in the**
interest of justice or for the expeditious disposal of the case or for any other reason, issue commission in
any suit for the examination, on interrogatories or otherwise, of any person resident within the local limits
of its jurisdiction, and the evidence so recorded shall be read in evidence.]
**5. Commission or request to examine witness not within India.—Where any Court to which**
application is made for the issue of a commission for the examination of a person residing at any place
not within [3][India] is satisfied that the evidence of such person is necessary, the Court may issue such
commission or a letter of request.
**6. Court to examine witness pursuant to Commission.—Every Court receiving a commission for**
the examination of any person shall examine him or cause him to be examined pursuant thereto.
7. **Return of commission with depositions of witnesses.—Where a commission has been duly**
executed, it shall be returned, together with the evidence taken under it, to the Court from which it was
issued, unless the order for issuing the commission has otherwise directed, in which case the commission
shall be returned in terms of such order; and the commission and the returned thereto and the evidence
taken under it shall [4][(subject to the provisions of rule 8)] from part of the record of the suit.
**8. When depositions may be read in evidence.—Evidence taken under a commission shall not be**
read as evidence in the suit without the consent of the party against whom the same is offered, unless—
(a) the person who gave the evidence is beyond the jurisdiction of the Court, or dead or unable
from sickness or infirmity to attend to be personally examined, or exempted from personal
appearance in Court, or is a [5][person in the service of the Government] who cannot, in the opinion of
the Court, attend without detriment to the public service, or
(b) the Court in its discretion dispenses with the proof of any of the circumstances mentioned in
clause (a)and authorizes the evidence of any person being read as evidence in the suit, notwithstanding
proof that the cause for taking such evidence by commission has ceased at the time of reading the same.
_Commissions for local investigations_
**9. Commissions to make local investigations.—In any suit in which the Court deems a local**
investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of
ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual
net profits, the Court may issue a commission to such person as it thinks fit directing him to make such
investigation and to report thereon to the Court:
1. Subs. by the A.O 1937, for “any civil or military officer of the Government”.
2. Ins. by Act 46 of 1999, s. 29 (w.e.f. 1-7-2002).
3. Subs. by Act 2 of 1951, s. 3, for “the States”.
4. Subs. by Act 104 of 1976, s. 75, for certain words (w.e.f. 1-2-1977).
5. Subs. by the A.O. 1937, for “civil or military officer of the Government”.
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Provided that, where the State Government has made rules as to the persons to whom such
commission shall be issued, the Court shall be bound by such rules.
**10. Procedure of Commissioner.—(1) The Commissioner, after such local inspection as he deems**
necessary and after reducing to writing the evidence taken by him, shall return such evidence, together
with his report in writing signed by him, to the Court.
(2) Report and depositions to be evidence in suit. Commissioner may be examined in person.—The
report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be
evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the
parties to the suit may examine the Commissioner personally in open Court touching any of the matters
referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made
the investigation.
(3) Where the Court is for any reason dissatisfied with the proceedings of the Commissioner, it may
direct such further inquiry to be made as it shall think fit.
1[Commissions for scientific investigation, performance of ministerial act and sale of movable
_property_
**10A. Commission for scientific investigation.—(1)** Where any question arising in a suit involves any
scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the
Court, the Court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a
commission to such person as it thinks fit, directing him to inquire into such question and report thereon to
the Court.
(2) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner
appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.
**10B. Commission for performance of a ministerial act.—(1)** Where any question arising in a suit
involves the performance of any ministerial act which cannot, in the opinion of the Court, be conveniently
performed before the Court, the Court may, if for reasons to be recorded, it is of opinion that it is
necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks
fit, directing him to perform that ministerial act and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall apply in relation to a commissioner appointed under
this rule as they apply in relation to a Commissioner appointed under rule 9.
**10C. Commission for the sale of movable property.—(1)** Where, in any suit, it becomes necessary
to sell any movable property which is in the custody of the Court pending the determination of the suit
and which cannot be conveniently preserved, the Court may, if, for reasons to be recorded, it is of opinion
that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it
thinks fit, directing him to conduct such sale and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under
this rule as they apply in relation to a Commissioner appointed under rule 9.
(3) Every such sale shall be held, as far as may be, in accordance with the procedure prescribed for
the sale of movable property in execution of a decree.]
_Commissions to examine accounts_
**11. Commission to examine or adjust accounts.—In** any suit in which an examination or
adjustment of the accounts is necessary, the Court may issue a commission to such person as it thinks fit
directing him to make such examination or adjustment.
**12. Court to give Commissioner necessary instructions.—(1)** The Court shall furnish the
Commissioner with such part of the proceedings and such instructions as appear necessary, and the
instructions shall distinctly specify whether the commissioner is merely to transmit the proceedings which
he may hold on the inquiry, or also to report his own opinion on the point referred for his examination.
(2) **Proceedings and report to be evidence. Court may direct further inquiry.—The** proceedings
and report (if any) of the Commissioner shall be evidence in the suit, but where the Court has reason to be
dissatisfied with them, it may direct such further inquiry as it shall think fit.
1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).
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_Commissions to make partitions_
**13. Commission to make partition of immovable property.—Where** a preliminary decree for partition
has been passed, the Court may, in any case not provided for by section 54, issue a commission to such
person as it thinks fit to make the partition or separation according to the rights as declared in such decree.
**14. Procedure of Commissioner.—(1) The Commissioner shall, after such inquiry as may be necessary,**
divide the property into as many shares as may be directly by the order under which the commission was
issued, and shall allot such shares to the parties, and may, if authorised thereto by the said order, award
sums to be paid for the purpose of equalizing the value of the shares.
(2) The commissioner shall then prepare and sign a report or the Commissioners (where the
commission was issued to more than one person and they cannot agree) shall prepare and sign separate
reports appointing the share of each party and distinguishing each share (if so directed by the said order) by
metes and bounds. Such report or reports shall be annexed to the commission and transmitted to the Court;
and the Court, after hearing any objections which the parties may make to the report or reports, shall
confirm, vary or set aside the same.
(3) Where the Court confirms or varies the report or reports it shall pass a decree in accordance with
the same as confirmed or varied; but where the Court sets aside the report or reports it shall either issue a
new commission or make such other order as it shall think fit.
_General provisions_
**15. Expenses of commission to be paid into court.—Before** issuing any commission under this
Order, the Court may order such sum (if any) as it thinks reasonable for the expenses of the commission
to be, within a time to be fixed, paid into Court by the party at whose instance or for whose benefit the
commission is issued.
**16. Powers of commissioners.—Any** commissioner appointed under this Order may, unless
otherwise directed by the order of appointment,—
(a) examine the parties themselves and any witness whom they or any of them may produce, and
any other person whom the Commissioner thinks proper to call upon to give evidence in the matter
referred to him;
(b) call for and examine documents and other things relevant to the subject of inquiry;
(c) at any reasonable time enter upon or into any land or building mentioned in the order.
1[16A. Questions objected to before the Commissioner.—(1) Where any question put to a witness is
objected to by a party or his pleader in proceedings before a Commissioner appointed under this Order, the
Commissioner shall take down the question, the answer, the objections and the name of the party or, as the
case may be, the pleader so objecting:
Provided that the Commissioner shall not take down the answer to a question which is objected to on
the ground of privilege but may continue with the examination of the witness, leaving the party to get the
question of privilege decided by the Court, and, where the Court decides that there is no question of
privilege, the witness may be recalled by the Commissioner and examined by him or the witness may be
examined by the Court with regard to the question which was objected to on the ground of privilege.
(2) No answer taken down under sub-rule (1) shall be read as evidence in the suit except by the order
of the Court.]
**17. Attendance and examination of witnesses before Commissioner.—(1)** The provisions of this Code
relating to the summoning, attendance and examination of witnesses, and to the remuneration of, and
penalties to be imposed upon, witnesses, shall apply to persons required to give evidence or to produce
documents under this Order whether the commission in execution of which they are so required has been
issued by a Court situate within or by a Court situate beyond the limits of [2][India], and for the purposes of
this rule the Commissioner shall be deemed to be a Civil Court:
1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).
2. Subs. by Act 2 of 1951, s. 3, for “the States”.
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1[Provided that when the Commissioner is not a Judge of a Civil Court, he shall not be competent to
impose penalties; but such penalties may be imposed on the application of such Commissioner by the
Court by which the commission was issued.]
(2) A Commissioner may apply to any Court (not being a High Court) within the local limits or
whose jurisdiction a witness resides for the issue of any process which he may find it necessary to issue to
or against such witness, and such Court may, in its discretion, issue such process as it considers reasonable
and proper.
**18. Parties to appear before Commissioner.—(1) Where a commission is issued under this Order,**
the Court shall direct that the parties to the suit shall appear before the Commissioner in person or by their
agents or pleaders.
(2) Where all or any of the parties do not so appear, the Commissioner may proceed in their
absence.
1[18A. Application of order to execution proceedings.—The provisions of this Order shall apply,
so far as may be, to proceedings in execution of a decree or order.
**18B. Court to fix a time for return of commission.—The** Court issuing a commission shall fix a
date on or before which the commission shall be returned to it after execution, and the date so fixed
shall not be extended except where the Court, for reasons to be recorded, is satisfied that there is
sufficient cause for extending the date.]
2[Commissions issued of the instance of foreign Tribunals
**19. Cases in** **which High Court may issue commission to examine witness.—(1) If** a High Court is
satisfied.—
(a) that a foreign court situated in a foreign country wishes to obtain the evidence of a witness in
any proceeding before it,
(b) that the proceeding is of a civil nature, and
(c) that the witness is residing within the limits of the High Court’s appellate jurisdiction,
it may, subject to the provisions of rule 20, issue a commission for the examination of such witness.
(2) Evidence may be given of the matters specified in clause (a), (b) and (c) of sub-rule (1)—
(a) by a certificate signed by the consular officer of the foreign country of the highest rank in
India and transmitted to the High Court through the Central Government, or
(b) by a letter of request issued by the foreign Court and transmitted to the High Court through
the Central Government, or
(c) by a letter of request issued by the foreign court and produced before the High Court by a
party to the proceeding.
**20. Application for issue of commission.—The** High Court may issue a commission under rule 19—
(a) upon application by a party to the proceeding before the foreign court, or
(b) upon an application by a law officer of the State Government acting under instructions from
the State Government.
**21. To whom commission may be issued.—A** commission under rule 19 may be issued to any Court
within the local limits of whose jurisdiction the witness resides, or [3]*** the witness resides within the
1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).
2. Ins. by Act 10 of 1932, s. 3.
3. The words “the high Court is established under the Indian high Courts Act 1861, or the Government of India Act, 1915, and”
omitted by the A.O. 1937.
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local limits of [1][the ordinary original civil jurisdiction of the High Court], to any person whom the Court
thinks fit to execute the commission.
**22. Issue, execution and return of commissions, land transmission of evidence to foreign**
**Court.—The provisions of rules 6, 15,** [2][sub-rule (1) of rule 16A, 17, 18 and 18B] of this Order in so
far as they are applicable shall apply to the issue, execution and return of such commissions, and when
any such commission has, been duly executed it shall be returned, together with the evidence taken
under it, to the High Court, which shall forward it to the Government General in Council along with
the letter of request for transmission to the foreign court.]
ORDER XXVII
_Suits by or against the government or public officers in their official capacity_
**1. Suits by or against Government.—In** any suit by or against [3][the Government], the plaint or
written statement shall be signed by such person as the Government may, by general or special order,
appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who
is acquainted with the facts of the case.
**2. Persons authorised to act for Government.—Persons being** _ex officio or otherwise authorised to act_
for the Government in respect of any judicial proceeding shall be deemed to be recognised agents by whom
appearances, acts and applications under this Code may be made or done on behalf of the Government.
**3. Plaints in suits by or against Government.—In suits** by or [4][against the Government], instead of
inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall
be sufficient to insert [1][the appropriate name as provided in section 79 [5]***].
6[4. Agent for Government to receive process.—The Government pleader in any Court shall be the
agent of the Government for the purpose of receiving processes against the Government issued by such
Court].
**5. Fixing of day for appearance on behalf of Government.—The** Court, in fixing the day for [1][the
Government] to answer to the plaint, shall allow a reasonable time for the necessary communication with
the Government through the proper channel, and for the issue of instructions to the [7][Government pleader]
to appear and answer on behalf of [8][the Government] [9]***, and may extend the time at its discretion [10][but
the time so extended shall not exceed two months in the aggregate].
8[5A. Government to be joined as a party in a suit against a public officer.—Where a suit is
instituted against a public officer for damages or other relief in respect of any act alleged to have been
done by him in his official capacity, the Government shall be joined as a party to the suit.
**5B. Duty of Court in suits against the Government or a public officer to assist in arriving at a**
**settlement.—(1)** In every suit or proceeding to which the Government, or a public officer acting in his
official capacity, is a party, it shall be the duty of the Court to make, in the first instance, every
endeavour, where it is possible to do so consistently with the nature and circumstances of the case, to
assist the parties in arriving at a settlement in respect of the subject-matter of the suit.
1. Subs. ibid., for “its ordinary original civil jurisdiction”.
2. Subs. by Act 104 of 1976, s. 75, for “16, 17 and 18” (w.e.f 1-2-1977).
3. Subs. by A.O. 1937, for “the Secretary of State for India in Council”.
5. Subs. ibid., for “against the Secretary of State for India in Council”.
6. The words ‘or’ if the suit is against the Secretary of State, the words “the Secretary of State” omitted by the A.O. 1948.
7. Subs. by the A.O. 1937, for rule 4.
8. Subs. by the A.O. 1950, for “Crown pleader” which had been subs. by the A. O. 1937, for “Government pleader”.
9. Subs. by the A.O. 1937, for “the said Secretary of State, for India in Council”.
10. The words “or the Government,” omitted by the A. O. 1948.
11. Ins. by Act 104 of 1976, s. 76 (w.e.f. 1-2-1977).
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(2) If, in any such suit or proceeding, at any stage, it appears to the court that there is a reasonable
possibility of a settlement between the parties, the Court may adjourn the proceeding for such period as it
thinks fit, to enable attempts to be made to effect such a settlement.
(3) The power conferred under sub-rule (2) is in addition to any other power of the Court to adjourn
proceedings.].
**6. Attendance of person able to answer questions relating to suit against Government.—The**
Court may also, in any case in which the [5][Government pleader] is not accompanied by any person on the
part of [1][the Government] who may be able to answer any material questions relating to the suit, direct the
attendance of such a person.
**7. Extension of time to enable public officer to make reference to Government.—(1)** Where the
defendant is a public officer and, on receiving the summons, considers it proper to make a reference to the
Government before answering the plaint, he may apply to the Court to grant such extension of the time
fixed in the summons as may be necessary to enable him to make such reference and to receive orders
thereon through the proper channel.
(2) Upon such application the Court shall extend the time for so long as appears to it to be necessary.
**8. Procedure in suits against public officer.—(1) Where the Government undertakes the defence of**
a suit against a public officer, the [1][Government pleader] upon being furnished with authority to appear
and answer the plaint, shall apply to the court, and upon such application the Court shall cause a note of
his authority to be entered in the register of civil suits.
(2) Where no application under sub-rule (1) is made by the [1][Government pleader] on or before the
day fixed in the notice for the defendant to appear and answer, the case shall proceed as in a suit between
private parties:
Provided that the defendant shall not be liable to arrest, nor his property to attachment, otherwise than
in execution of a decree.
2[8A. No security to be required from Government or a public officer in certain cases.—No such
security as is mentioned in rules 5 and 6 of Order XLI shall be required from the Government or, where
the Government has undertaken the defence of the suit, from any public officer sued in respect of an act
alleged to be done by him in his official capacity.,
**8B. Definitions of “Government” and “Government pleader”.—In this Order** [3][unless otherwise
expressly provided] “Government” and [1][“Government pleader”] mean respectively—
(a) in relation to any suit by or against [4]*** the Central Government, or against a public officer in
the service of that Government, the Central Government and such pleader as that Government may
appoint whether generally or specially for the purposes of this order;
5* - - -
(c) in relation to any suit by or against State Government or against a public officer in the service
of a State. the State Government and the Government pleader [6][as defined in clause (7) of section 2],
or such other pleader as the State Government may appoint, whether generally or specially, for the
purposes of this Order.].
**STATE AMENDMENT**
**Uttar Pradesh**
## Amendment of Order XXVII.— In the First Schedule, in Order XXVII —
(a) in the marginal heading _after_ the words “official capacity” the words “or
Statutory Authorities, etc.” shall be inserted ;
1. Subs. by the A.O. 1937 and the A. O. 1950, for “Crown pleader[”].
2. Ins. by the A.O. 1937.
3. Ins. by the A.O. 1950.
4. The words “the Secretary of State or” omitted by the A.O.1948.
5. Cl. (b) omitted by the A.O. 1948.
6. Ins. by the A.O. 1950.
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(b) after rule 9, as inserted by the Allahabad High Court, the following rule shall
be inserted, namely :—
**“10. Suits by or against statutory authorities —**
(1) Any authority or Corporation, constituted by or under any law, may, from time to
time appoint a Standing Counsel, to be called corporation pleader of that authority,
## in any district and give information of such appointment to the District Judge.
(2) The Corporation pleader so appointed shall be the agent in that district of the
## appointing authority or Corporation for purposes of receiving processes against it, but shall not act or plead without filing a Vakalatnama or memorandum of appearance.”
[Vide Uttar Pradesh Act 56 of 1976, s. 11]]
1[ORDER XXVII-A]
_Suits involving a substantial question of law as to the interpretation for_ [2][the constitution] [3][or as to the
_validity of any statutory instrument]_
**1. Notice to the Attorney General or the Advocate-General.—In** any suit in which it appears to the
Court that [4][any such question as is referred to [5][in clause (1) of Article 132, read with Article 147 of the
Constitution,] is involved, the Court shall not proceed to determine that question until after notice has
been given to [6][the Attorney General for India] if the question of law concerns the Central Government
and to the Advocate-General of the State if the question of law concerns a State Government.
9[1A. Procedure in suits involving validity of any statutory instrument.—In any suit in which it
appears to the Court that any question as to the validity of any statutory instrument, not being a question of the
nature mentioned in rule l, is involved, the Court shall not proceed to determine that question except after
giving notice—
(a) to the Government pleader, if the question concern the Government, or
(b) to the authority which issued the statutory instrument, if the question concerns an authority
other than Government.]
**2. Court may add Government as party.—The** Court may at any stage of the proceedings order that
the Central Government or a State Government shall be added as a defendant in any suit involving [7][any
such question as is referred to [8][in clause (1) of Article 132 read with Article 147, of the Constitution]], if
9[the Attorney General for India] or the Advocate-General of the State, as the case may be, whether upon
receipt of notice under rule 1, or otherwise, applies for such addition and the Court is satisfied that such
addition is necessary or desirable for the satisfactory determination of the question of law involved.
10[2A. Power of Court to add Government or other authority as a defendant in a suit relating to the
**validity of any statutory instrument.—The** Court may, at any stage of the proceedings in any suit involving
any such question as is referred to in rule 1A, order that the Government or other authority shall be added as a
defendant if the Government pleader or the pleader appearing in the case for the authority which issued the
instrument, as the case may be, whether upon receipt of notice under rule lA or otherwise, applies for such
addition, and the Court is satisfied that such addition is necessary or desirable for the satisfactory
determination of the question.]
11[3. Costs.—Where, under rule 2 or rule 2A the Government or any other authority is added as a
defendant in a suit, the Attorney-General, Advocate-General, or Government Pleader or Government or
1. Ins. by Act 23 of 1942, s. 2.
2. Subs. by the A.O. 1950, for “the Government of India Act, 1935, or any Order-in-Council made thereunder”.
3. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977).
4. Subs. by the A.O. 1948, for “substantial question of law as to the interpretation of the Government of India Act, 1935, or any
Order-in-Council made thereunder”.
5. Subs. by the A.O. 1950, “In sub-section (1) of section 205 of the Government of India Act, 1935”.
6. Subs. ibid., for “the Advocate-General of India”.
7. Subs. by the A. O. 1948, for “a substantial question of law as to the interpretation of the Government of India Act, 1935 or any
Order-in-Council made thereunder”.
8. Subs. by the A.O. 1950, for “in sub-section (1) of section 205 of the Government of India Act, 1935”.
9. Subs., ibid., for “the Advocate-General of India”.
10. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977).
11. Subs. by s. 77, ibid., for rule 3 (w.e.f. 1-2-1977).
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other authority shall not be entitled to, or liable for, costs in the Court which ordered the addition unless
the Court, having regard to all the circumstances of the case for any special reason, otherwise orders.]
**4. Application of Order to appeals.—In** the application of this Order to appeals the word
“defendant” shall be held to include a respondent and the word “suit” an appeal.
4[Explanation.—In this Order, “statutory instrument” means a rule, notification, bye-law, order,
scheme or form made as specified under any enactment.]
ORDER XXVIII
_Suits by or against military_ [1][or naval] men [2][or airmen]
**1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or**
**defend for them.—(1)** Where any officer, [3][soldier, [6][sailor] or airman] actually [4][serving under the
Government] in [5][such] capacity is a party to a suit, and cannot obtain leave of absence for the purpose of
prosecuting or defending the suit in person, he may authorise any person to sue or defend in his stead.
(2) The authority shall be writing and shall be signed by the officer, [6][soldier, [7][sailor] or airman] in
the presence of (a) his commanding officer, or the next subordinate officer, if the party is himself the
commanding officer, or (b) where the officer, [1][soldier, [2][sailor] or airman,] is serving in military,
2[naval], 8[or air force] staff employment, the head or other superior officer of the office in which he is
employed. Such commanding or other officer shall countersign the authority, which shall be filed in
Court.
(3) When so filed the countersignature shall be sufficient proof that the authority was duly executed,
and that the officer, [1][soldier [2][, sailor] or air man] by whom it was granted could not obtain leave of
absence for the purpose of prosecuting of defending the suit in person.
_Explanation.—In this Order the expression “commanding officer” means the officer in actual_
command for the time being of any regiment, corps, [2][ship,] detachment or depot to which the officer,
1[soldier 2[, sailor] or airman] belongs.
**2. Person so authorised may act personally or appoint pleader.—Any** person authorised by an
officer, [1][soldier [2][, sailor] or airman] to prosecute or defend a suit in his stead may prosecute or defend it
in person in the same manner as the officer, [1][soldier [2][, sailor] or airman] could do if present; or he may
appoint a pleader to prosecute or defend the suit on behalf of such officer, [1][soldier [2][, sailor] or airman].
**3. Service on person so authorised, or on his pleader, to be good service.—Processes served upon**
any person authorised by an officer [1][soldier [2][, sailor] or airman] under rule 1 or upon any pleader
appointed as aforesaid by such person shall he as effectual as if they had been served on the party in
person.
ORDER XXIX
_Suits by or against corporations_
**1. Subscription and verification of pleading.—In** suits by or against a corporation, any pleading
may be signed and verified on behalf of the corporation by the secretary or by any director or other
principal officer of the corporation who is able to depose to the facts of the case.
1. Ins. by Act 35 of 1934, s. 2 and the Sch.
2. Ins. by Act 10 of 1927, s. 2 and the First Sch.
3. Subs. by s. 2, ibid., and the First Sch., for “or soldier” and “or a soldier”.
4. Subs. by the A.O. 1937, for “serving the Government”.
5. Subs. by Act 35 of 1934, s. 2 and the Sch., for “a military or air force”.
6. Subs. by Act 10 of 1927, s. 2 and the First Sch. for “or soldier”.
7. Ins. by Act 35 of 1934, s. 2 and the Sch.
8. Ins. by Act 10 of 1927, s. 2 and the Sch.
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**2. Service on corporation.—Subject** to any statutory provision regulating service of process, where
the suit is against a corporation, the summons may be served—
(a) on the secretary, or on any director, or other principal officer of the corporation, or
(b) by leaving it or sending it by post addressed to the corporation at the registered office, or
if there is no registered office then at the place where the corporation carries on business.
**3. Power to require personal attendance of officer of corporation.—The** Court may, at any stage
of the suit, require the personal appearance of the secretary or of any director, or other principal officer of
the corporation who may be able to answer material questions relating to the suit.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of** **Order XXIX.— In the First Schedule, in Order XXIX, in rule 2, after clause (a), the following**
clause shall be inserted, namely :—
“(aa) on its corporation pleader in the district where the Court issuing summons is located, if one has
been appointed and the appointment has been notified to the District Judge under rule 10 of Order XXVII,
or.”
[Vide Uttar Pradesh Act 57 of 1976, s. 12]
ORDER XXX
_Suits by or against firms and persons carrying on business in_
_names other than their own_
**1. Suing of partners in name of firm.—(1) Any two or more persons claiming or being liable as**
partners and carrying on business in, [1][India] may sue or be sued in the name of the firm (if any) of which
such persons were partners at the time of the accruing of the cause of action, and any party to a suit may in
such case apply to the Court for a statement of the names and addresses of the persons who were, at the
time of the accruing of the cause of action, partners in such firm, to be furnished and verified in such
manner as the Court may direct.
(2) Where persons sue or are sued partners in the name of their firm under sub-rule (1), it shall, in the
case of any pleading or other document required by or under this Code to be signed, verified or certified
by the plaintiff of the defendant, suffice such pleading or other document is signed, verified or certified
by any one of such persons.
**2. Disclosure of partners’ names.—(1) Where a suit is instituted by partners in the name of their**
firm, the plaintiffs or their pleader shall, on demanding writing by or on behalf of any defendant,
forthwith declare in writing the names and places of residence of all the persons constituting the firm on
whose behalf the suit is instituted.
(2) Where the plaintiffs or their pleader fail to comply with any demand made under sub-rule (1) all
proceedings in the suit may, upon an application for that purpose, be stayed upon such terms as the Court
may direct.
(3) Where the names of the partners are declared in the manner referred to in sub-rule (1) the suit
shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had
been named as plaintiffs in the plaint:
2[Provided that all proceedings shall nevertheless continue in the name of the firm, but the name of
the partners disclosed in the manner specified in sub-rule (1) shall be entered in the decree.]
**3. Service.—Where** persons are sued as partners in the name of their firm, the summons shall be
served either—
(a) upon any one or more of the partners, or
(b) at the principal place at which the partnership business is carried on within [3][India] upon any
person having, at the time of service, the control or management of the partnership business, there,
1. Subs. by Act 2 of 1951, s. 3, for “the States”.
2. Subs. by Act 104 of 1976, s. 78, for the proviso (w.e.f. 1-2-1977).
3. Subs. by Act 2 of 1951, s. 3, for “the States”.
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as the Court may direct; and such service shall be deemed good service upon the firm so sued, whether all
or any of the partners are within or without [2][India]:
Provided that, in the case of a partnership which has been dissolved to the knowledge of the plaintiff
before the institution of the suit, the summons shall be served upon every person within [2][India] whom it
is sought to make liable.
**4. Rights of suit on death of partner.—(1) Notwithstanding anything contained in section 45 of the Indian**
Contract Act, 1872 (9 of 1872) where two or more persons may sue or be sued in the name of a firm under the
foregoing provisions and any of such persons dies, whether before the institution or during the pendency of any
suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit.
(2) Nothing in sub-rule (1) shall limit or otherwise effect any right which the legal representative of
the deceased may have—
(a) to apply to be made a party to the suit, or
(b) to enforce any claim against the survivor or survivors.
**5. Notice in what capacity served.—Where** a summons is issued to a firm and is served in the manner
provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the
time of such service, whether he is served as a partner or as a person having the control or management of
the partnership business, or in both characters, and, in default of such notice, the person served shall be
deemed to be served as a partner.
**6. Appearance of partners.—Where** persons are sued as partners in the name of their firm, they
shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue
in the name of the firm.
**7. No** **appearance except by partners.—Where** a summons is served in the manner provided by
rule 3 upon a person having the control or management of the partnership business, no appearance by him
shall be necessary unless he is a partner of the firm sued.
1[8. Appearance under protest.—(1) Any person served with summons as a partner under rule 3
may enter an appearance under protest, denying that he was a partner at any material time.
(2) On such appearance being made, either the plaintiff or the person entering the appearance may, at
any time before the date fixed for hearing and final disposal of the suit, apply to the Court for determining
whether that person was a partner of the firm and liable as such.
(3) If, on such application, the Court holds that he was a partner at the material time, that shall not
preclude the person from filing a defence denying the liability of the firm in respect of the claim against
the defendant.
(4) If the Court, however, holds that such person was not a partner of the firm and was not liable as
such that shall not preclude the plaintiff from otherwise serving a summons on the firm and proceeding
with the suit; but in that event, the plaintiff shall be precluded from alleging the liability of that person as
a partner of the firm in execution of any decree that may be passed against the firm.]
**9. Suits between co-partners.—This Order shall apply to suits between a firm and one or more of**
the partners therein and to suits between firms having one or more partners in common; but no execution
shall be issued in such suits except by leave of the Court, and, on an application for leave to issue such
execution, all such accounts and inquiries may be directed to be taken and made and directions given as
may be just.
2[10. Suit against person carrying on business in name other than his own.—Any person carrying
on business in a name or style other than his own name, or a Hindu undivided family carrying on business
under any name, may be sued in such name or style as if it were a firm name, and, in so far as the nature
of such case permits, all rules under this Order shall apply accordingly.]
1. Subs. by Act 104 of 1976, s. 78, for rule 8 (w.e.f. 1-2-1977).
2. Subs. by Act 104 of 1976, s. 78, for rule 10 (w.e.f. 1-2-1977).
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ORDER XXXI
_Suits by or against trustees, executors and administrators_
**1. Representation of beneficiaries in suits concerning property vested in trustees etc.—In all**
suits concerning property vested in a trustee, executor or administrator, where the contention is between
the persons beneficially interested in such property and a third person, the trustee, executor or
Administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make
them parties to the suit. But the Court may, if it thinks fit, order them or any of them to be made parties.
**2. Joinder of trustees, executors and administrators.—Where there are several trustees, executors**
or administrators, they shall all be made parties to a suit against one or more of them:
Provided that the executors who have not proved their testator’s will, and trustees, executors and
administrators outside [1][India], need not be made parties.
**3. Husband of married executrix not to join.—Unless the Court directs otherwise, the husband of a**
married trustee, administratrix or executrix shall not as such be a party to a suit by or against her.
ORDER XXXII
_Suits by or against minors and persons of unsound mind_
**1. Minor to sue by next friend.—Every suit by a minor shall be instituted in his name by a person**
who in such suit shall be called the next friend of the minor.
2[Explanation.—In this Order, “minor” means a person who has not attained his majority within the
meaning of section 3 of the Indian Majority Act, 1875 (9 of 1875) where the suit relates to any of the
matters mentioned in clauses (a) and (b) of section 2 of that Act or to any other matter.]
**2. Where suit is instituted without next friend, plaint to be taken off the file.—(1) Where a suit is**
instituted by or on behalf of a minor without a next friend, the defendant may apply to have the plaint
taken off the file, with costs to be paid by the pleader or other person by whom it was presented.
(2) Notice of such application shall be given to such person, and the Court, after hearing his
objections (if any) may make such order in the matter as it thinks fit.
3[2A. Security to be furnished by next friend when so ordered.—(1) Where a suit has been
instituted on behalf of the minor by his next friend, the Court may, at any stage of the suit, either of its
own motion or on the application of any defendant, and for reasons to be recorded, order the next friend
to give security for the payment of all costs incurred or likely to be incurred by the defendant.
(2) Where such a suit is instituted by an indigent person, the security shall include the court-fees
payable to the Government.
(3) The provisions of rule 2 of Order XXV shall, so far as may be, apply to a suit where the Court
makes an order under this rule directing security to be furnished.]
**3. Guardian for the suit to be appointed by Court for minor defendants.—(1)** Where the
defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person
to be guardian for the suit for such minor.
(2) An order for the appointment of a guardian for the suit may be obtained upon application in the
name and on behalf of the minor or by the plaintiff.
1. Subs. by Act 2 of 1951, s. 3, for “the States”.
2. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977).
3. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977).
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(3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian
has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit
person to be so appointed.
(4) Order shall be made on any application under this rule except upon notice [1]*** to any guardian of
the minor appointed or declared by an authority competent in that behalf, or, where there is no such
guardian [2][upon notice to the father or where there is no father, to the mother, or where there is no father
or mother, to other natural guardian] of the minor, or, where there is [3][no father, mother or other natural
guardian], to the person in whose care the minor is, and after hearing any objection which may be urged
on behalf of any person served with notice under this sub-rule.
1[(4A) The Court may, in any case, if it thinks fit, issue notice under sub-rule (4) to the minor also.]
3[(5) A person appointed under sub-rule (1) to be guardian for the suit for a minor shall, unless his
appointment is terminated by retirement, removal or death, continue as such throughout all proceedings
arising out of the suit including proceedings in any Appellate or Revisional Court and any proceedings in
the execution of a decree.]
1[3A. Decree against minor not to be set aside unless prejudice has been caused to his interest.—
(1) No decree passed against a minor shall be set aside merely on the ground that the next friend or
guardian for the suit of the minor had an interest in the subject-matter of the suit adverse to that of the
minor, but the fact that by reasons of such adverse interest of the next friend or guardian for the suit,
prejudice has been caused to the interests of the minor, shall be a ground for setting aside the decree.
(2) Nothing in this rule shall preclude the minor from obtaining any relief available under any law by
reason of the misconduct or gross negligence on the part of the next friend or guardian for the suit
resulting in prejudice to the interests of the minor.]
**4. Who may act as next friend or he appointed guardian for the suit—(1)** Any person who is of
sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit:
Provided that the interest of such person is not adverse to that of the minor and that he is not, in the
case of a next friend, a defendant, or, in the case of a guardian for the suit, a plaintiff.
(2) Where a minor has a guardian appointed or declared by competent authority, no person other than
such guardian shall act as the next friend of the minor or be appointed his guardian for the suit unless the
Court considers, for reasons to be recorded, that it is for the minor’s welfare that another person be
permitted to act or be appointed, as the case may be.
(3) No person shall without his consent [4][in writing] be appointed guardian for the suit.
(4) Where there is no other person fit and willing to act as guardian for the suit, the Court may
appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer
in the performance of his duties as such guardian shall be borne either by the parties or by any one or
more of the parties to the suit, or out of any fund in Court in which the minor is interested [1][or out of the
property of the minor], and may give directions for the repayment or allowance of such costs as justice
and the circumstances of the case may require.
**5. Representation of minor by next friend or guardian for the suit.—(1)** Every application to the
Court on behalf of a minor, other than an application under rule 10, sub-rule (2), shall be made by his next
friend or by his guardian for the suit.
(2) Every order made in a suit or on any application, before the Court in or which a minor is in any way
concerned or affected, without such minor being represented by a next friend or guardian for the suit, as the
case may be, may be discharged, and, where the pleader of the party at whose instance such order was
1. The words “to the minor and” omitted by s. 79, ibid. (w.e.f. 1-2-1977).
2. Subs. by s. 79, ibid., for certain words (w.e.f. 1-2-1977).
3. Ins. by Act 16 of 1937, s. 2.
4. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977).
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obtained knew, or might reasonably have known, the fact of such minority, with costs to be paid by such
pleader.
**6. Receipt by next friend or guardian for the suit of property under decree for minor.—(1) A**
next friend or guardian for the suit shall not, without the leave of the Court, receive any money or other
movable property on behalf of a minor either—
(a) by way of compromise before decree or order, or
(b) under a decree or order in favour of the minor.
(2) Where the next friend or guardian for the suit has not been appointed or declared by competent
authority to be guardian of the property of the minor, or, having been so appointed or declared, is under
any disability known to the Court to receive the money or other movable property, the Court shall, if it
grants him leave to receive the property, require such security and give such directions as will, in its
opinion, sufficiently protect the property from waste and ensure its proper application :
1[Provided that the Court may, for reasons to be recorded, dispense with such security while granting
leave to the next friend or guardian for the suit to receive money or other movable property under a
decree or order, where such next friend or guardian—
(a) is the manager of a Hindu undivided family and the decree or order relates to the property or
business of the family; or
(b) is the parent of the minor.]
7. Agreement or compromise by next friend or guardian for the suit.—(1) No next friend or guardian
for the suit shall, without the leave of the Court, expressly recorded in the proceedings, enter into any agreement
or compromise on behalf of a minor with reference to the suit in which he acts as next friend or guardian.
1[(1A) An application for leave under sub-rule (1) shall be accompanied by an affidavit of the next
friend or the guardian for the suit, as the case may be, and also, if the minor is represented by a pleader,
by the certificate of the pleader, to the effect that the agreement or compromise proposed is, in his
opinion, for the benefit of the minor :
Provided that the opinion so expressed, whether in the affidavit or in the certificate shall not preclude the
Court from examining whether the agreement or compromise proposed is, for the benefit of the minor. ]
(2) Any such agreement or compromise entered into without the leave of the Court so recorded shall
be voidable against all parties other than the minor:
**8. Retirement of next friend.—(1)** Unless otherwise ordered by the Court, a next friend shall not retire
without first procuring a fit person to be put in this place and giving security for the costs already incurred.
(2) The application for the appointment of a new next friend shall be supported by an affidavit
showing the fitness of the person proposed and also that he has no interest adverse to that of the minor.
**9.** **Removal of next friend.—(1)** Where the interest of the next friend of a minor is adverse to that of the
minor or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it
unlikely that the minor's interest will be properly protected by him, or where he does not do his duty, or,
during the pendency of the suit, ceases to reside within [1][India], or for any other sufficient cause, application,
may be made on behalf of the minor or by a defendant for his removal; and the Court, if satisfied of the
sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other
order as to costs as it thinks fit.
(2) Where the next friend is not a guardian appointed or declared by an authority competent in this
behalf, and an application is made by a guardian so appointed or declared, who desires to be himself
appointed in the place of the next friend, the Court shall remove the next friend unless it considers, for
reasons to be recorded by it, that the guardian ought not to be appointed the next friend of the minor, and
shall thereupon appoint the applicant to be next friend in his place upon such terms as to the costs
already incurred in the suit as it thinks fit.
1. Subs. by Act 2 of 1951, s. 3. for “the States”
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**10. Stay of proceedings on removal, etc., of next friend.—(1)** On the retirement, removal or death of
the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his
place.
(2) Where the pleader of such minor omits, within a reasonable time, to take steps to get a new next
friend appointed, any person interested in the minor or in the matter in issue may apply to the Court for
the appointment of one, and the Court may appoint such person as it thinks fit.
**11. Retirement, removal or death of guardian for the suit.—(1)** Where the guardian for the suit
desires to retire or does not do his duty, or where other sufficient ground is made to appear, the Court
may permit such guardian to retire or may remove him, and may make such order as to costs as it thinks
fit.
(2) Where the guardian for the suit, retires, dies or is removed by the Court during the pendency of
the suit, the Court shall appoint a new guardian in his place.
**12. Course to be followed by minor plaintiff or applicant on attaining majority.—(1)** A minor
plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority,
elect whether he will proceed with the suit or application.
(2) Where lie elects to proceed with the suit or application, he shall apply for an order discharging
the next friend and for leave to proceed in his own name.
(3) The title of the suit or application shall in such case be corrected so as to read henceforth thus:
_“A.B., late a minor by C.D., his next friend, but now having attained majority.”._
(4) Where he elects to abandon the suit or application, he shall, if a sole plaintiff or sole applicant,
apply for an order to dismiss the suit or application on repayment of the costs incurred by the defendant
or opposite party or which may have been paid by his next friend.
(5) Any application under this rule may be made ex parte but no order discharging a next friend and
permitting a minor plaintiff to proceed in his own name shall be made without notice to the next friend.
**13. Where minor co-plaintiff attaining majority desires to repudiate suit.—(1) Where a minor**
co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out
as co-plaintiff; and the Court, if it finds that he is not a necessary party, shall dismiss him from the suit
on such terms as to costs or otherwise as it thinks fit.
(2) Notice of the application shall be served on the next friend, on any co-plaintiff and on the defendant.
(3) The costs of all parties of such application, and of all or any proceedings theretofore had in the
suit, shall be paid by such persons as the Court directs.
(4) Where the applicant is a necessary party to the suit, the Court may direct him to be made a defendant.
**14. Unreasonable or improper suit.—(1) A minor on attaining majority may, if a sole plaintiff,**
apply that a suit instituted in his name by his next friend be dismissed on the ground that it was
unreasonable or improper.
(2) Notice of the application shall be served on all the parties concerned; and the Court, upon being
satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to
pay the costs of all parties in respect of the application and of anything done in the suit, or make such
other order as it thinks fit.
**1[15. Rules 1 to 14 (Except rule 2A) to apply to persons of unsound mind.—Rules** 1 to 14 (except
rule 2A) shall, so far as may be, apply to persons adjudged, before or during the pendency of the suit, to be of
unsound mind and shall also apply to persons who, though not so adjudged, are found by the Court on enquiry to
be incapable, by reason of any mental infirmity, of protecting their interest when suing being sued.]
1. Subs. by Act 104 of 1976, s. 79, for rule 15 (w.e.f. 1-2-1977).
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1[16. Savings.—(1) Nothing contained in this Order shall apply to the Ruler of a foreign State suing
or being sued in the name of his State, or being sued by the direction of the Central Government in the
name of an agent or in any other name.
(2) Nothing contained in this Order shall be construed as affecting or in any way derogating from the
provisions of any local law for the time being in force relating to suits by or against minors or by or
against lunatics or other persons of unsound mind.]
2[ORDER XXXII-A
_Suits relating to matters concerning the family_
**1. Application of the Order.—(1)The provisions of this Order shall apply to suits or proceedings**
relating to matters concerning the family.
(2) In particular, and without prejudice to the generality of the provisions of sub-rule (1), the
provisions of this Order shall apply to the following suits or proceedings concerning the family,
namely:—
(a) a suit or proceeding for matrimonial relief, including a suit or proceedings for declaration as
to the validity of a marriage or as to the matrimonial status of any person;
(b) a suit or proceeding for a declaration as to legitimacy of any person;
(c) a suit or proceeding in relation to the guardianship of the person or the custody of any minor
or other member of the family, under a disability;
(d) a suit or proceeding for maintenance;
(e) a suit or proceeding as to the validity or effect of an adoption;
(f) a suit or proceeding, instituted by a member of the family, relating to wills, intestacy and
succession;
(g) a suit or proceeding relating to any other matter concerning the family in respect of which, the
parties are subject to their personal law.
(3) So much of this Order as relates to a matter provided for by a special law in respect of any suit or
proceeding shall not apply to that suit or proceeding.
**2. Proceedings to be held in camera.—In every suit or proceeding to which this Order applies, the**
proceedings may be held in camera if the Court so desires and shall be so held if either party so desires.
**3. Duty of Court to make efforts for settlement.—(1) In every suit or proceeding to which this**
Order applied, an endeavour shall be made by the Court in the first instance, where it is possible to do so
consistent with the nature and circumstances of the case, to assist the parties in arriving at a settlement. In
respect of the subject-matter of the suit.
(2) If, in any such suit or proceeding, at any stage it appears to the Court that there is a reasonable
possibility of a settlement between the parties, the Court may adjourn the proceeding for such period as it
thinks fit to enable attempts to be made to effect such a settlement.
(3) The power conferred by sub-rule (2) shall be in addition to, and not in derogation of, any other
power of the Court to adjourn the proceedings.
**4. Assistance of welfare expert.—In every suit or proceeding to which this Order applies, it shall be**
open to the Court to secure the services of such person (preferably a woman where available), whether
related to the parties or not, including a person professionally engaged in promoting the welfare of the
family as the Court may think fit, for the purpose of assisting the Court in discharging the functions
imposed by rule 3 of this Order.
**5. Duty to enquire into facts.—In every suit or proceeding to which this Order applies, it shall be the**
duty of the Court to inquire, so far it reasonably can, into the facts alleged by the plaintiff and into any
facts alleged by the defendant.
1. Ins. by s. 79, ibid. (w.e.f. 1-2-1977).
2. Ins. by s. 80, ibid. (w.e.f. 1-2-1977).
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**6. “Family”—meaning of.—For the purposes of this Order, each of the following shall be treated**
as constituting a family, namely:—
(a) (i) a man and his wife living together,
(ii) any child or children, being issue of theirs; or of such man or such wife,
(iii) any child or children being maintained by such man and wife;
(b) a man not having a wife or not living together with his wife, any child or children, being issue
of his, and any child or children being maintained by him;
(c) a women not having it husband or not living together with her husband, any child or children
being issue of hers, and any child or children being maintained by her;
(d) a man or woman and his or her brother, sister, ancestor or lineal descendant living with him or
her; and
(e) any combination of one or more of the groups specified in clause (a), clause (b), clause (c) or
clause (d) of this rule.
_Explanation.—For the avoidance of doubts, it is hereby declared that the provisions of rule 6 shall be_
without any prejudice to the concept of “family” in any personal law or in another law for the time being
in force.]
ORDER XXXIII
1[Suits by indigent persons]
1. Suits may be instituted by indigent persons.—Subject to the following provisions, any suit may
be instituted by an [2][indigent person].
3[Explanation 1.—A person is an indigent person,—
(a) If he is not possessed of sufficient means (other than property exempt from attachment in
execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by
law for the plaint in such suit, or
(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees
other than the property exempt from attachment in execution of a decree, and the subject-matter of the
suit.
_Explanation II.—Any property which is acquired by a person after the presentation of his application_
for permission to sue as an indigent person, and before the decision of the application, shall be taken into
account in considering the question whether or not the applicant is an indigent person.
_Explanation III—Where the plaintiff sues in a representative capacity, the question whether he is an_
indigent person shall be determined with reference to the means possessed by him in such capacity. ]
4[1A. Inquiry into the means of an indigent person.—Every inquiry into the question whether or
not a person is an indigent person shall be made, in the first instance, by the chief ministerial officer of
the Court, unless the Court otherwise directs, and the Court may adopt the report of such officer as its
own finding or may itself make an inquiry into the question.]
**2. Contents of application.—Every application for permission to sue as an** [5][indigent person] shall
contain the particulars required in regard to plaints in suits: a schedule of any movable or immovable property
belonging to the applicant, with the estimated value thereof, shall be annexed thereto; and it shall be
signed and verified in the manner prescribed for the signing and verification of pleadings.
1. Subs. by Act 104 of 1976, s. 81, for “Suits by Paupers”(w.e.f. 1-2-1977).
2. Subs. by s. 81. ibid. for “pauper” (w.e.f. 1-2-1977).
3. Subs. by s. 81, ibid., for the Explanation (w.e.f. 1-2-1977).
4. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977).
5. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977).
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**3. Presentation of application.—Notwithstanding anything contained in these rules, the application shall**
be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, in which
case the application may be presented by an authorised agent who can answer all material questions relating to
the application, and who may be examined in the same manner as the party represented by him might have
been examined had such party attended in person:
1[Provided that, where there are more plaintiffs than one, it shall be sufficient if the application is
presented by one of the plaintiffs.]
**4. Examination of applicant.—(1) Where the application is in proper form and duly presented, the**
Court may, if it thinks fit, examine the applicant, or his agent when the applicant is allowed to appear by
agent regarding the merits of the claim and the property of the applicant.
(2) If presented by agent, Court may order applicant to be examined by commission.—Where
the application is presented by an agent, the Court may, if it thinks fit, order that the applicant be
examined by a commission in the manner in which the examination of an absent witness may be taken.
**5.** **Rejection of application.—The Court shall reject an application for permission to use as** [2][an
indigent person]—
(a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or
(b) where the applicant is not [2][an indigent person], or
(c) where he has, within two months next before the presentation of the application, disposed of any
property fraudulently or in order to be able to apply for permission to use as [2][an indigent person]:
1[Provided that no application shall be rejected if, even after the value of the property disposed of by
the applicant is taken into account, the applicant would be entitled to sue as an indigent person.] or
(d) where his allegations do not show a cause of action, or
(e) where he has entered into any agreement with reference to the subject-matter of the proposed
suit under which any other person has obtained an interest in such subject-matter; [1][or]
1[(f) where the allegations, made by the applicant in the application show that the suit would be
barred by any law for the time being in force, or
(g) where any other person has entered into an agreement with him to finance the litigation.]
.
**6. Notice of day for receiving evidence of applicant’s indigency.—Where the Court sees no reason**
to reject the application on any of the grounds stated in rule 5, it shall fix a day (of which at least ten day's
clear notice shall be given to the opposite party and the Government pleader) for receiving such evidence
as the applicant may adduce in proof of his indigency, and for hearing any evidence which may be
adduced in disproof thereof.
17. Procedure at hearing.—(1) On the day so fixed or as soon thereafter as may be convenient the
Court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his
agent, and shall may [2][a full record of their evidence].
3[(1A) The examination of the witnesses under sub-rule (1) shall be confined to the matters specified
in clause (b), clause (c) and clause (e) of rule 5 but the examination of the applicant or his agent may
relate to any of the matters specified in rule 5.]
(2) The Court shall also hear any argument which the parties may desire to offer on the question
whether, on the face of the application and of the evidence (if any) taken by the Court [4][under rule 6 or
under this rule], the applicant is or is not subject to any of the prohibitions specified in rule 5.
1. The provisions of this rule so far as it relates to the making of a memorandum are not applicable to the Chief Court of Oudh, see Oudh
Courts Act, 1925 (U.P. Act 4 of 1925), s. 16 (2).
2. Subs. by Act 104 of 1976, s. 81, for “a memorandum of the substance of their evidence” (w.e.f. 1-2-1977).
3. Ins. by s. 81, ibid. (w.e.f. 1-2-1977).
4. Subs. by s. 81, ibid., for “as herein provided” (w.e.f. 1-2-1977).
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(3) The Court shall then either allow or refuse to allow the applicant to sue as [1][an indigent person].
**8. Procedure if application admitted.—Where the application is granted, it shall be numbered and**
registered, and shall be deemed the plaint in the suit, and the suit shall proceed in all other respects as a
suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay any court-fee [2][or
fees payable for service of process] in respect of any petition, appointment of a pleader or other
proceeding connected with the suit.
**9. Withdrawal of permission to sue as an indigent person.—The Court may, on the application of the**
defendant, or of the Government pleader, of which seven days, clear notice in writing has been given to the
plaintiff, order that the permission granted to the plaintiff to sue as an indigent person be withdrawn—
(a) if he is guilty of vexatious or improper conduct in the course of the suit;
(b) if it appears that his means are such that he ought not to continue to sue as [5][an indigent
person]; or
(c) if he has entered into any agreement with reference to the subject-matter of the suit under
which any other person has obtained an interest in such subject-matter.
[3][9A. Court to assign a pleader to an unrepresented indigent person.—(1) Where a person, who is
permitted to sue as an indigent person, is not represented by a pleader, the Court[-]may, if the circumstances
of the case so require, assign a pleader to him.
(2) The High Court may, with the previous approval of the State Government, make rules providing for—
(a) the mode of selecting pleaders to be assigned under sub-rule (1);
(b) the facilities to be provided to such pleaders by the Court ;
(c) any other matter which is required to be or may be provided by the rules for giving effect to
the provisions of sub-rule (1).]
**10. Costs where indigent person succeeds.—Where the plaintiff succeeds in the suit, the Court shall**
calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted
to sue as [5][an indigent person]; such amount shall be recoverable by the [3][State Government] from any
party ordered by the decree to pay the same and shall be a first charge, on the subject-matter of the suit.
**11. Procedure where indigent person fails.—Where the plaintiff fails in the suit or the permission**
granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismisses,—
(a) because the summons for the defendant to appear and answer has not been served upon him in
consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for
such service [4][or to present copies of the plaint or concise statement], or
(b) because the plaintiff does not appear when the suit is called on for hearing,
the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court-fees
which would have been paid by the plaintiff if he had not been permitted to sue as [5][an indigent person].
6[11A. Procedure where indigent person’s suit abates.—Where the suit abates by reason of the
death of the plaintiff or of any person added as a co-plaintiff, the Court shall order that the amount of
court-fees which would have been paid by the plaintiff if he had not been permitted to sue as [2][an indigent
person] shall be recoverable by the State Government from the estate of the deceased plaintiff.]
1. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977).
2. Subs. by s. 81, ibid., for “other then fees pay able for service of process” (w.e.f. 1-2-1977).
3. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “Government”.
4. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977).
5. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977).
6. Ins. by Act 24 of 1942, s. 2.
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**12. State Government may apply for payment of court-fees.— The [1][State Government] shall have**
the right at any time to apply to the Court to make an order for the payment of court-fees under rule 10,
rule 11 or [2][rule 11A].
**13. State Government to be deemed a party.—All matters arising between the [4][State Government]**
and any party to the suit under rule 10, rule 11, [5][rule 11A] or rule 12 shall be deemed to be questions
arising between the parties to the suit within the meaning of section 47.
3[14. Recovery of amount of court-fees.—Where an order is made under rule 10, rule 11 or rule
11A, the court shall forthwith cause a copy of the decree or order to be forwarded to the Collector who
may, without prejudice to any other mode of recovery, recover the amount of court-fees specified therein
from the person or property liable for the payment as if it were an arrear or land revenue.]
**15. Refusal to allow applicant to sue as an indigent person to bar subsequent application of like**
**nature.—An order refusing to allow the applicant to sue as** [2][an indigent person] shall be a bar to any
subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall
be at liberty to institute a suit in the ordinary manner in respect of such right; [4][provided that the plaint
shall be rejected if he does not pay, either at the time of the institution of the suit or within such time
thereafter as the Court may allow,] the costs (if any) incurred by the [4][State Government] and by the
opposite party in opposing his application for leave to sue as [2][an indigent person].
1[15A. Grant of time for payment of court-fee.—Nothing contained in rule 5, rule 7 or rule 15 shall
prevent a Court, while rejecting an application under rule 5 or refusing an application under rule 7, from
granting time to the applicant to pay the requisite court-fee within such time as may be fixed by the Court
or extended by it from time to time; and upon such payment and on payment of the costs referred to in
5*** rule 15 within that time, the suit shall be deemed to have been instituted on the date on which the
application for permission to sue as an indigent person was presented.]
**16. Costs.—The costs of an application for permission to sue as an** [6][indigent person] and of an
inquiry into indigency shall be costs in the suit.
7[17. **Defence by an indigent person.—Any defendant, who desire to plead a set-off or counter-**
claim, may be allowed to set up such claim as an indigent person, and the rules contained in this Order
shall so far as may be, apply to him as if he were a plaintiff and his written statement were a plaint.
**18. Power of Government to provide for free legal services to indigent persons.—(1) Subject to**
the provisions of this Order, the Central or State Government may make such supplementary provisions
as it thinks fit for providing free legal services to those who have been permitted to sue as indigent
persons.
(2) The High Court may, with the previous approval of the State Government, make rules for
carrying out the supplementary provisions made by the Central or State Government for providing free
legal services to indigent persons referred to in sub-rule (1), and such rules may include the nature and
extent of such legal services, the conditions under which they may be made available, the matters in
respect of which, and the agencies through which, such services may be rendered.]
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O.1937, for
“Government”.
2. Subs. by Act 24 of 1942, s. 2, for “or rule 11”.
3. Subs. by s. 2, ibid., for the rule 14.
4. Subs. by Act 104 of 1976, s. 81, for “provided that he first pays” (w.e.f. 1-2-1977).
5. Omitted by Act 19 of 1988, s. 3 and the Second Schedule.
6. Subs. by Act 104 of 1976, s. 81, for “pauper” (w.e.f. 1-2-1977).
7. Ins. by s. 81, ibid. (w.e.f. .1-2-1977).
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ORDER XXXIV
_Suits relating to mortgages of immovable property_
**1. Parties to suits for foreclosure sale and redemption.—Subject to the provisions of this Code, all**
persons having an interest either in the mortgage-security or in the right of redemption shall be joined as
parties to any suit relating to the mortgage.
_Explanation.—A puisne mortgagee may sue for foreclosure or for sale without making the prior_
mortgagee a party to the suit; and a prior mortgagee need not be joined in a suit to redeem a subsequent
mortgage.
1[2. Preliminary decree in foreclosure suit.—(1) In a suit for foreclosure, if the plaintiff succeeds,
the Court shall pass a preliminary decree—
(a) ordering that an account be taken of what was due to the plaintiff at the date of such decree
for—
(i) principal and interest on the mortgage,
(ii) the costs of suit, if any, awarded to him, and
(iii) other costs, charges and expenses properly incurred by him up to that date in respect of
his mortgage-security, together with interest thereon; or
(b) declaring the amount so due at that date; and
(c) directing—
(i) that, if the defendant pays into Court the amount so found or declared due on or before
such date as the Court may fix within six months from the date on which the Court confirms and
countersigns the account taken under clause (a), or from the date on which such amount is
declared in Court under clause (b), as the case may be, and thereafter pays such amount as may be
adjudged due in respect of subsequent costs, charges and expenses as provided in rule 10,
together with subsequent interest on such sums respectively as provided in rule 11, the plaintiff
shall deliver up to the defendant, or to such person as the defendant appoints, all documents in his
possession or power relating to the mortgaged property, and shall, if so required, re-transfer the
property to the defendant at his cost free from the mortgage and from all incumbrances created by
the plaintiff or any person claiming under him, or, where the plaintiff claims by derived title, by
those under whom he claims, and shall also, if necessary, put the defendant in possession of the
property; and
(ii) that, if payment of the amount found or declared due under or by the preliminary decree is not
made on or before the date so fixed, or the defendant fails to pay, within such time as the Court
may fix, the amount adjudged due in respect of subsequent costs, charges, expenses and interest,
the plaintiff shall be entitled to apply for a final decree debarring the defendant from all right to
redeem the property.
(2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time,
at any time before a final decree is passed, extend the time fixed for the payment of the amount found or
declared due under sub-rule (1) or of the amount adjudged due in respect of subsequent costs, charges,
expenses and interest.
(3) Where, in a suit for foreclosure, subsequent mortgagees or persons deriving title from, or
subrogated to the rights of, any such mortgagees are joined as parties, the preliminary decree shall
provide for the adjudication of the respective rights and liabilities of the parties to the suit in the manner
and form set forth in Form No. 9 or Form No. 10, as the case may be, of Appendix D with such variations
as the circumstances of the case may require.
**3. Final decree in foreclosure suit.—(1) Where, before a final decree debarring the defendant from**
all right to redeem the mortgaged property has been passed, the defendant makes payment into Court of
all amounts due from him under sub-rule (1) of rule 2, the Court shall, on application made by the
defendant in this behalf, pass a final decree—
1. Subs by Act 21 of 1929, s. 4, for the rules 2 to 8.
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(a) ordering the plaintiff to deliver up the documents referred to in the preliminary decree, and, if
necessary,—
(b) ordering him to re-transfer at the cost or the defendant the mortgaged property as directed in
the said decree, and also, if necessary,—
(c) ordering him to put the defendant in possession of the property.
(2) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application
made by the plaintiff in this behalf, pass a final decree declaring that the defendant and all persons
claiming through or under him or debarred from all right to redeem the mortgaged property and also, if
necessary, ordering the defendant to put the plaintiff in possession of the property.
(3) On the passing of a final decree under sub-rule (2), all liabilities to which the defendant is subject
in respect of the mortgage or on account of the suit shall be deemed to have been discharged.
**4. Preliminary decree** **in suit for sale.—(1) In a suit for sale, if the plaintiff succeeds, the Court shall**
pass a preliminary decree to the effect mentioned in clauses (a), (b) and (c) (i) of sub-rule (1) of rule 2, and
further directing that, in default of the defendant paying as therein mentioned, the plaintiff shall be entitled
to apply for a final decree directing that the mortgaged property or a sufficient part thereof be sold, and the
proceeds of the sale (after deduction therefrom of the expenses of the sale) be paid into Court and applied in
payment of what has been found or declared under or by the preliminary decree due to the plaintiff, together
with such amount as may have been adjudged due in respect of subsequent costs, charges, expenses and
interest, and the balance, if any, be paid to the defendant or other persons entitled to receive the same.
(2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time,
at any time before a final decree for sale is passed, extend the time fixed for the payment of the amount
found or declared due under sub-rule (1) or of the amount adjudged due in respect of subsequent costs,
charges, expenses and interest.
(3) Power to decree sale in foreclosure-suit.—In a suit for foreclosure in the case of an anomalous
mortgage, if the plaintiff succeeds, the Court may, at the instance of any party to the suit or of any other
person interested in the mortgage-security or the right of redemption, pass a like decree (in lieu of a
decree for foreclosure) on such terms as it thinks fit, including the deposit in Court of a reasonable sum
fixed by the Court to meet the expenses of the sale and to secure the performance of the terms.
(4) Where, in a suit for sale or a suit foreclosure in which sale is ordered, subsequent mortgages or
persons deriving title from, or subrogated to the rights of, any such mortgagees are joined as parties, the
preliminary decree referred to in sub-rule (1) shall provide for the adjudication of the respective rights and
liabilities of the parties to the suit in the manner and form set forth in Form No. 9, Form No. 10 or Form No.
11 as the case may be, of Appendix D with such variations as the circumstances of the case may require.
**5. Final decree in suit for sale.—(1) Where, on or before the day fixed or at any time before the**
confirmation of a sale made in pursuance of a final decree passed under sub-rule (3) of this rule, the
defendant makes payment into Court of all amounts due from him under sub-rule (1) of rule 4, the Court
shall, on application made by the defendant in this behalf, pass a final decree or, if such decree has been
passed, an order—
(a) ordering the plaintiff to deliver up the documents referred to in the preliminary decree, and, if
necessary,—
(b) ordering him to transfer the mortgaged property as directed in the said decree, and, also, if
necessary,—
(c) ordering him to put the defendant in possession of the property.
(2) Where the mortgaged property or part thereof has been sold in pursuance of a decree passed under
sub-rule (3) of this rule, the Court shall not pass an order under sub-rule (1) of this rule, unless the
defendant, in addition to the amount mentioned in sub-rule (1), deposits in Court for payment to the
purchaser a sum equal to five per cent. of the amount of the purchase-money paid into Court by the
purchaser.
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Where such deposit has been made, the purchaser shall be entitled to an order for repayment of the
amount of the purchase-money paid into Court by him, together with a sum equal to five per cent. thereof.
(3) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application
made by the plaintiff in this behalf, pass a final decree directing that the mortgaged property or a
sufficient part thereof be sold, and that the proceeds of the sale be dealt with in the manner provided in
sub-rule (1) of rule 4.
**6. Recovery of balance due on mortgage in suit for sale.—Where the net proceeds of any sale held**
under [1][rule 5] are found insufficient to pay the amount due to the plaintiff, the Court, on application by
him may, if the balance is legally recoverable from the defendant otherwise than out of the property sold,
pass a decree for such balance.
7. Preliminary decree in redemption suit.—(1) In a suit for redemption, if the plaintiff succeeds,
the Court shall pass a preliminary decree—
(a) ordering that an account be taken of what was due to the defendant at the date of such decree
for—
(i) principal and interest on the mortgage,
(ii) the costs of suit, if any, awarded to him, and
(iii) other costs, charges and expenses properly incurred by him up to that date, in respect of
mortgage-security, together with interest thereon; or
(b) declaring the amount so due at that date; and
(c) directing—
(i) that, if the plaintiff pays into Court the amount so found or declared due on or before such
date as the Court may fix within six months from the date on which the Court confirms and
countersigns the account taken under clause (a), or from the date on which such amount is
declared in Court under clause (b), as the case may be, and thereafter pays such amount as may be
adjudged due in respect of subsequent costs, charges and expenses as provided in rule 10,
together with subsequent interest on such sums respectively as provided in rule 11, the defendant
shall deliver up to the plaintiff, or to such person as the plaintiff appoints, all documents in his
possession or power relating to the mortgaged property, and shall, if so required, retransfer the
property to the plaintiff at his cost free from the mortgage and from all encumbrances created by
the defendant or any person claiming under him where the defendant claims by derived title, by
those under whom the claims, and shall also, if necessary put the plaintiff in possession of the
property; and
(ii) that, if payment of the amount found or declared due under or by the preliminary decree is
not made on or before the date so fixed, or the plaintiff fails to pay, within such time as the Court
may fix, the amount adjudged due in respect of subsequent costs, charges, expenses and interest,
the defendant shall be entitled to apply for a final decree—
(a) in the case of a mortgage other than a usufructuary mortgage, a mortgage by
conditional sale, or an anomalous mortgage the terms of which provide for foreclosure only
and not for sale, that the mortgage property, be sold, or
(b) in the case of a mortgage by conditional sale or such an anomalous mortgage as
aforesaid, that the plaintiff be debarred from all right to redeem the property.
(2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time,
at any time before the passing of a final decree for foreclosure or sale, as the case may be, extend the time
fixed for the payment of the amount found or declared due under sub-rule (1) or of the amount adjudged
due in respect of subsequent costs, charges, expenses and interest.
**8. Final decree in redemption suit.—(1) Where, before a final decree debarring the plaintiff from**
all right to redeem the mortgaged property has been passed or before the confirmation of a sale held in
1. Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977).
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pursuance of a final decree passed under sub-rule (3) of this rule, the plaintiff makes payment into
Court of all amounts due from him under sub-rule (1) of rule 7, the Court shall, on application made by
the plaintiff in this behalf, pass a final decree or, if such decree has been passed, an order—
(a) ordering the defendant to delivery up the documents referred to in the preliminary decree,
and, if necessary,—
(b) ordering him to re-transfer at the cost of the plaintiff the mortgaged property as directed in the
said decree,
and, also, if necessary,—
(c) ordering him to put the plaintiff in possession of the property.
(2) Where the mortgaged property or a part thereof has been sold in pursuance of a decree passed
under sub-rule (3) of this rule, the Court shall not pass an order under sub-rule (1) of this rule, unless the
plaintiff, in addition to the amount mentioned in sub-rule (1), deposits in Court for payment to the
purchaser a sum equal to five per cent. of the amount of the purchase-money paid into Court by the
purchaser.
Where such deposit has been made, the purchaser shall be entitled to an order for repayment of the
amount of the purchase-money paid into Court by him, together with a sum equal to five per cent. thereof.
(3) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application
made by the defendant in this behalf,—
(a) in the case of a mortgage by conditional sale or of such an anomalous mortgage as is
hereinbefore referred to in rule 7, pass a final decree declaring that the plaintiff and all persons
claiming under him are debarred from all right to redeem the mortgaged property and, also, if
necessary, ordering the plaintiff to put the defendant in possession of the mortgaged property; or
(b) in the case of any other mortgage, not being a usufructuary mortgage, pass final decree that
the mortgaged property or a sufficient part thereof be sold, and the proceeds of the sale (after
deduction therefrom of the expenses of the sale) be paid into Court and applied in payment of
what is found due to the defendant, and the balance, if any, be paid to the plaintiff or other persons
entitled to receive the same.]
1[8A. Recovery of balance due on mortgage in suit for redemption.—Where the net proceeds of
any sale held under [2][rule 8] are found insufficient to pay the amount due to the defendant, the Court, [3][on
application by him in execution], may, if the balance is legally recoverable from the plaintiff otherwise
than out of the property sold, pass a decree for such balance.]
**9. Decree where nothing is found due or where mortgagee has been overpaid.—Notwithstanding**
anything hereinbefore contained, if it appears, upon taking the account referred to in rule 7, that nothing is
due to the defendant or that he has been overpaid, the Court shall pass a decree directing the defendant, if so
require, to re-transfer the property and to pay to the plaintiff the amount which may be found due to him;
and the plaintiff shall, if necessary, be put in possession of the mortgaged property.
4[10. Costs of mortgagee subsequent to decree.—In finally adjusting the amount to be paid to a
mortgagee in case of a foreclosure, sale or redemption, the Court shall, unless in the case of costs of the
suit the conduct of the mortgagee has been such as to disentitle him thereto, add to the mortgage-money
such costs of the suit and other costs, charges and expenses as have been properly incurred by him since
the date of the preliminary decree for foreclosure, sale or redemption up to the time of actual payment:]
1. Ins. by Act 21 of 1929, s. 5.
2. Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977).
3. Subs. by s. 82, ibid., for “an application by him” (w.e.f. 1-2-1977).
4. Subs. by Act 21 of 1929, s. 6, for rules 10 and 11.
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1[Provided that where the mortgagor, before or at the time of the institution of the suit, tenders or
deposits the amount due on the mortgage, or such amount as is not subsequently deficient in the opinion
of the Court, he shall not be ordered to pay the costs of the suit to the mortgagee and the mortgagor shall
be entitled to recover his own costs of the suit from the mortgagee, unless the Court, for reasons to be
recorded, otherwise directs.]
2[10A. Power of Court to direct mortgagee to pay mesne profits.—Where in a suit for foreclosure, the
mortgagor has, before or at the time of the institution of the suit, tendered or deposited the sum due on the
mortgage, or such sum as is not substantially deficient in the opinion of the Court, the Court shall direct the
mortgagee to pay to the mortgagor mesne profits for the period beginning with the institution of the suit].
**11.** **Payment of interest.—In any decree passed in a suit for foreclosure, sale or redemption, where**
interest is legally recoverable, the Court may order payment of interest to the mortgagee as follows, namely:—
(a) interest up to the date on or before which payment of the amount found or declared due is
under the preliminary decree to be made by the mortgagor or other person redeeming the mortgage—
(i) on the principal amount found or declared due on the mortgage,—at the rate payable on
the principal, or, where no such rate is fixed, at such rate as the Court deems reasonable,
2* - - - *and
(iii) on the amount adjudged due to the mortgagee for costs, charges and expenses properly
incurred by the mortgagee in respect of the mortgage-security up to the date of the preliminary
decree and added to the mortgage-money,—at the rate agreed between the parties or, failing such
rate, [3][at such rate not exceeding six per cent. per annum as the Court deems reasonable]; and
4[(b) subsequent interest up to the date of realisation or actual payment on the aggregate of the
principal sums specified in clause (a) as calculated in accordance with that clause at such rate as the
Court deems reasonable.]
**12. Sale of property subject to prior mortgage.—Where any property the sale of which is directed**
under this Order is subject to a prior mortgage, the Court may, with the consent of the prior mortgagee,
direct that the property[-] be sold free from the same, giving to such prior mortgagee the same interest in the
proceeds of the sale as he had in the property sold.
**13. Application of proceeds.—(1) Such proceeds shall be brought into Court and applied as**
follows:—
first, in payment of all expenses incident to the sale or properly incurred in any attempted
sale;
secondly, in payment of whatever is due to the prior mortgagee on account of the prior mortgage,
and of costs, properly incurred in connection therewith;
thirdly, in payment in all interest due on account of the mortgage in consequence whereof the sale
was directed, and of the costs of the suit in which the decree directing the sale was made;
fourthly, in payment of the principal money due on account of that mortgage; and
lastly, the residue (if any) shall be paid to the person proving himself to be interested in the
property sold, or if there are more such persons than one, than two, to such persons according to their
respective interests therein or upon their joint receipt.
(2) Nothing in this rule or in rule 12 shall be deemed to affect the powers conferred by section 57 of
the Transfer of Property Act, 1882 (4 of 1882).
1. Ins. by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977).
2. Sub-clause (ii) omitted by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957).
3. Subs. by s. 14, ibid., for certain words (w.e.f. 1-1-1957).
4. Subs. by s. 14, ibid., for clause (b) (w.e.f. 1-1-1957).
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**14. Suit for sale necessary for bringing mortgaged property to sale.—(1) Where a mortgage has**
obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage, he shall
not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in
enforcement of the mortgage, and he may institute such suit notwithstanding anything contained in
Order II, rule 2.
(2) Nothing in sub-rule (1) shall apply to any territories to which the Transfer of Property Act, 1882
(4 of 1882), has not been extended.
1[15. Mortgages by the deposit of title deeds and charges.—2[(1)] All the provisions contained in
this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of
title-deeds within the meaning of section 58, and to a charge within the meaning of section 100 of the
Transfer of Property Act, 1882 (4 of 1882);
3[(2) Where a decree orders payment of money and charges it on immovable property on default of
payment, the amount may be realised by sale of that property in execution of that decree.]
ORDER XXXV
INTERPLEADER
**1. Plaint in interpleader-suit.—In every suit of interpleader the plaint shall, in addition to the other**
statements necessary for plaints, state—
(a) that the plaintiff claims no interest in the subject-matter in dispute other than for
charges or costs;
(b) the claims made by the defendants severally; and
(c) that there is no collusion between the plaintiff and any of the defendants.
**2.** **Payment of thing claimed into Court.—Where the thing claimed is capable of being paid into**
Court or placed in the custody of the Court, the plaintiff may be required to so pay or place it before he
can be entitled to any order in the suit.
**3. Procedure where defendant is suing plaintiff.—Where any of the defendants in an**
interpleader-suit is actually suing the plaintiff in respect the subject-matter of such suit, the Court in
which the suit against the plaintiff is pending shall, on being informed by the Court in which the
interpleader-suit has been instituted, stay the proceedings as against him; and his costs in the suit so
stayed may be provided for in such suit; but if, and in so far as, they are not provided for in that suit,
they may be added to his costs incurred in the interpleader-suit.
**4. Procedure at first hearing.—(1) At the first hearing the Court may—**
(a) declare that the plaintiff is discharged from all liability to the defendants in respect of the
thing claimed, award him his costs, and dismiss him from the suit; or
(b) if it thinks that justice or convenience so require, retain all parties until the final disposal of
the suit.
(2) Where the Court finds that the admission of the parties or other evidence enable it to do so, it may
adjudicate the title to the thing claimed.
(3) Where the admissions of the parties do not enable the Court so to adjudicate, it may direct—
(a) that an issue or issues between the parties be framed and tried, and
(b) that any claimant be made a plaintiff in lieu of or in addition to the original plaintiff,
and shall proceed to try the suit in the ordinary, manner.
1. Subs. by Act 21 of 1929, s. 7, for rule 15.
2. Rule 15 renumbered as sub-rule (1) by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977).
3. Ins. by s. 82, ibid. (w.e.f. 1-2-1977).
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**5. Agents and tenants may not institute interpleader suits.—Nothing in this Order shall be deemed**
to enable agents to sue their principals, or tenants to sue their landlords, for the purpose of compelling
them to interplead with any persons other than persons making claim through such principals or landlords.
_Illustrations_
(a) A deposits a box of jewels with B as his agent. C alleges that the jewels were wrongfully obtained
from him by A, and claims them from B. B cannot institute an interpleader-suit against A and C.
(b) A deposits a box of jewels with B as his agent. He then writes to C for the purpose of making the
jewels a security for a debt due from himself to C. A afterwards alleges that C’s debt is satisfied, and
C alleges the contrary. Both claim the jewels from B. B may institute in interpleader-suit against A and C.
**6. Charge for plaintiff’s costs.—Where the suit is properly instituted the Court may provide for the**
costs of the original plaintiff by giving him a charge on the thing claimed or in some other effectual way.
ORDER XXXVI
SPECIAL CASE
**1. Power to state case for Court’s opinion.—(1) Parties claiming to be interested in the decision of**
any question of fact or law may enter into an agreement in writing stating such question in the form of a
case for the opinion of the Court, and providing that, upon the finding of the Court with respect to such
question,—
(a) a sum of money fixed by the parties or to be determined by the Court shall be paid by one of
the parties to the other of them; or
(b) some property, movable or immovable, specified in the agreement, shall be delivered by one
of the parties to the other of them; or
(c) one or more of the parties shall do, or refrain from doing, some other particular act specified
in the agreement.
(2) Every case stated under this rule shall be divided into consecutively numbered paragraphs, and
shall concisely state such facts and specify such documents as may be necessary to enable the Court to
decide the question raised thereby.
**2. Where value of subject-matter must be stated.—Where the agreement is for the delivery of any**
property, or for the doing, or the refraining from doing, any particular act, the estimated value of the
property to be delivered, or to which the act specified has reference, shall be stated in the agreement.
**3. Agreement to be filed and registered as suit.—(1) The agreement, if framed in accordance with**
the rules hereinbefore contained, may be filed [1][with an application] in the Court which would have
jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the
amount or value of the subject-matter of the agreement.
(2) [2][The application] when so filed, shall be numbered and registered as a suit between one or more
of the parties claiming to be interested as plaintiff or plaintiffs, and the other or the others of them as
defendant or defendants; and notice shall be given to all the parties to the agreement, other than the party
or parties by whom [3][the application was presented.]
**4. Parties to be subject to Court’s jurisdiction.—Where the agreement has been filed, the parties to**
it shall be subject to the jurisdiction of the Court and shall be bound by the statements contained therein.
**5. Hearing and disposal of case.—(1) The case shall be set down for hearing as a suit instituted in the**
ordinary manner, and the provisions of this Code shall apply to such suit so far as the same are applicable.
1. Ins. by Act 104 of 1976, s. 83 (w.e.f. 1-2-1977).
2. Subs. by s. 83, ibid., for “The agreement” (w.e.f. 1-2-1977).
3. Subs. by s. 83, ibid., for “it was presented” (w.e.f. 1-2.1977).
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(2) Where the Court is satisfied, after examination of the parties, or after taking such evidence as it
thinks fit—
(a) that the agreement was duly executed by them,
(b) that they have a bona fide interest in question stated therein, and
(c) that the same is fit to be decided,
it shall proceed to pronounce judgment thereon, in the same way as in an ordinary suit, and upon the
judgment so pronounced a decree shall follow.
1[6. No appeal from a decree passed under rule 5.—No appeal shall lie from a decree passed under
rule 5.]
ORDER XXXVII
SUMMARY PROCEDURE [2]***
3[1. Courts and classes of suits to which the Order is to apply.—(1) This Order shall apply to the
following Courts, namely:—
(a) High Courts, City Civil Courts and Courts of Small Causes; and
(b) other Courts:
Provided that in respect of the Courts referred to in clause (b), the High Court may, by notification in
the Official Gazette, restrict the operation of this Order only to such categories of suits as it deems proper,
and may also, from time to time, as the circumstances of the case may require, by subsequent notification
in the Official Gazette, further restrict, enlarge or vary, the categories of suits to be brought under the
operation of this Order as it deems proper.
(2) Subject to the provisions of sub-rule (1), the Order applies to the following classes of suits,
namely:—
(a) suits upon bills of exchange, hundies and promissory notes;
(b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money
payable by the defendant, with or without interest, arising,—
(i) on a written contract, or
(ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the
nature of a debt other than a penalty; or
(iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated
demand only.]
4[2. **Institution of summary suits.—(1)** A suit, to which this Order applies, may if the plaintiff
desires to proceed hereunder, be instituted by presenting a plaint which shall contain,—
(a) a specific averment to the effect that the suit is filed under this Order;
(b) that no relief, which does not fall within the ambit of this rule, has been claimed in the plaint;
and
(c) the following inscription, immediately below the number of the suit in the title of the suit,
namely :—
“(Under Order XXXVII of the Code of Civil Procedure, 1908).”
(2) The summons of the suit shall be in Form No. 4 in Appendix B or in such other Form as may,
from time to time, be prescribed.
(3) The defendant shall not defend the suit referred to in sub-rule (1) unless he enters an appearance
and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted
1. Ins. by s. 83, ibid. (w.e.f. 1-2-1977).
2. The words “On Negotiable Instruments” omitted by s. 84, ibid. (w.e.f. 1-2-1977).
3. Subs. by s. 84, ibid., for rule 1 (w.e.f. 1-2-1977).
4. Subs. by Act 104 of 1976, s. 84, for rule 2 (w.e.f. 1-2-1977).
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and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the
summons, together with interest at the rate specified, if any, up to the date of the decree and such sum for
costs as may be determined by the High Court from time to time by rules made in that behalf and such
decree may be executed forthwith.]
1[3. **Procedure for the appearance of defendant—(1)** In a suit to which this Order applies, the plaintiff
shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures
thereto and the defendant may, at any time within ten days of such service, enter an appearance either in
person or by pleader and, in either case, he shall file in Court an address for service of notices on him.
(2) Unless otherwise ordered, all summonses, notices and other judicial processes, required to be
served on the defendant, shall be deemed to have been duly served on him if they are left at the address
given by him for such service.
(3) On the day of entering the appearance, notice of such appearance shall be given by the defendant
to the plaintiff’s pleader, or, if the plaintiff sues in person, to the plaintiff himself, either by notice
delivered at or sent by a pre-paid letter directed to the address of the plaintiff's pleader or of the plaintiff,
as the case may be.
(4) If the defendant enters an appearance, the plaintiff shall thereafter serve on the defendant a
summons for judgment in Form No. 4A in Appendix B or such other Form as may be prescribed from
time to time, returnable not less than ten days from the date of service supported by an affidavit verifying
the cause of action and the amount claimed and stating that in his belief there is no defence to the suit.
(5) The defendant may, at any time within ten days from the service of such summons for judgment,
by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply
on such summons for leave to defend such suit, and leave to defend may be granted to him
unconditionally or upon such terms as may appear to the Court or Judge to be just:
Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed
by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to
be put up by the defendant is frivolous or vexatious:
Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant
to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due
is deposited by the defendant in Court.
(6) At the hearing of such summons for judgment,—
(a) if the defendant has not applied for leave to defend, or if such application has been made and
is refused, the plaintiff shall be entitled to judgment forthwith; or
(b) if the defendant is permitted to defend as to the whole or any part of the claim, the Court or
Judge may direct him to give such security and within such time as may be fixed by the Court or Judge
and that, on failure to give such security within the time specified by the Court or Judge or to carry out
such other directions as may have been given by the Court or Judge, the plaintiff shall be entitled to
judgment forthwith.
(7) The Court or Judge may, for sufficient cause shown by the defendant, excuse the delay of the
defendant in entering an appearance or in applying for leave to defend the suit.]
**4. Power to set aside decree.—After** decree the Court may, under special circumstances set aside
the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to
the summons and to defend the suit, if it seems reasonable to the Court so to do, and on such terms as the
Court thinks fit.
**5. Power to order bill, etc., to be deposited with officer of Court.—In** any proceeding under this
Order the Court may order the bill, hundi or note on which the suit is founded to be forthwith deposited
1. Subs. by s. 84, ibid., for rule 3 (w.e.f. 1-2-1977).
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with an officer of the Court, and may further order that all proceedings shall be stayed until the plaintiff
gives security for the costs thereof.
**6. Recovery of cost of noting non-acceptance of dishonoured bill or note.—The** holder of every
dishonoured bill of exchange or promissiory note shall have the same remedies for the recovery of the
expenses incurred in noting the same for non-acceptance or non-payment, or otherwise, by reason of
such dishonour, as he has under this Order for the recovery of the amount of such bill or note.
**7. Procedure in suits.—Save as provided by this Order, the procedure in suits hereunder shall be the**
same as the procedure in suits instituted in the ordinary manner.
ORDER XXXVIII
ARREST AND ATTACHMENT BEFORE JUDGMENT
_Arrest before judgment_
**1. Where defendant may be called upon to furnish security for appearance.—Where** at any
stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) to (d), the Court is
satisfied, by affidavit or otherwise,—
(a) that the defendant, with intent to delay the plaintiff, or to avoid any process of the Court or to
obstruct or delay the execution of any decree that may be passed against him,—
(i) has absconded or left the local limits of the jurisdiction of the Court, or
(ii) is about to abscond or leave the local limits of the jurisdiction of the Court, or
(iii) has disposed of or removed from the local limits of the jurisdiction of the Court his
property or any part thereof, or
(b) that the defendant is about to leave [1][India] under circumstances affording reasonable
probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any
decree that may be passed against the defendant in the suit,
the Court may issue a warrant to arrest the defendant and bring him before the Court to show cause why
he should not furnish security for his appearance:
Provided that the defendant shall not be arrested if he pays to the officer entrusted with the execution of
the warrant any sum specified in the warrant as sufficient to satisfy the plaintiff's claim; and such sum shall
be held in deposit by the Court until the suit is disposed of or until the further order of the Court.
**2. Security.—(1) Where the defendant fails to show such cause the Court shall order him either to**
deposit in Court money or other property sufficient to answer the claim against him, or to furnish security
for his appearance at any time when called upon while the suit is pending and until satisfaction of any
decree that may be passed against him in the suit, or make such order as it thinks fit in regard to the sum
which may have been paid by the defendant under the proviso to the last preceding rule.
(2) Every surety for the appearance of a defendant shall bind himself, in default of such appearance,
to pay any sum of money which the defendant may be ordered to pay in the suit.
**3. Procedure on application by surety to be discharged.—(1) A surety for the appearance of a defendant**
may at any time apply to the Court in which he became such surety to be discharged from his obligation.
(2) On such application being made, the Court shall summon the defendant to appear or, if it thinks
fit, may issue a warrant for his arrest in the first instance.
1. Subs. by Act 2 of 1951, s. 3, for “the States”.
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(3) On the appearance of the defendant in pursuance of the summons or warrant, or on his voluntary
surrender, the Court shall direct the surety to be discharged from his obligation, and shall call upon the
defendant to find fresh security.
**4. Procedure where defendant fails to furnish security or find fresh security.—Where** the defendant
fails to comply with any order under rule 2 or rule 3, the Court may commit him to the civil prison until the
decision of the suit or, where a decree is passed against the defendant, until the decree has been satisfied:
Provided that no person shall be detained in prison under this rule in any case for a longer period than
six months, nor for a longer period than six weeks when the amount or value of the subject-matter of the
suit does not exceed fifty rupees:
Provided also that no person shall be detained in prison under this rule after he has complied with
such order.
_Attachment before judgment_
**5. Where** **defendant may be called upon to furnish security for production of**
**property.—(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the**
defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,—
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local limits of the
jurisdiction of the Court,
the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum
as may be specified in the order, to produce and place at the disposal of the Court, when required, the said
property or the value of the same, or such portion thereof as may be sufficient to satisfy the decree, or to
appear and show cause why he should not furnish security.
(2) The plaintiff shall, unless the Court otherwise directs, specify the property required to be attached
and the estimated value thereof.
(3) The Court may also in the order direct the conditional attachment of the whole or any portion of
the property so specified.
1[(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this
rule, such attachment shall be void.]
**6. Attachment where cause not shown or security not furnished.—(1) Where the defendant fails**
to show cause why he should not furnish security, or fails to furnish the security required, within the time
fixed by the Court, the Court may order that the property specified, or such portion thereof as appears
sufficient to satisfy any decree which may be passed in the suit, be attached.
(2) Where the defendant shows such cause or furnishes the required security, and the property
specified or any portion of it has been attached, the Court shall order the attachment to be withdrawn, or
make such other order as it thinks fit.
**7. Mode of making attachment.—Save as otherwise expressly provided, the attachment shall be**
made in the manner provided for the attachment of property in execution of a decree.
2[8. Adjudication of claim to property attached before judgment.—Where any claim is preferred to
property attached before judgment, such claim shall be adjudicated upon in the manner hereinbefore provided
for the adjudication of claim to property attached in execution of a decree for the payment of money.]
**9. Removal of attachment when security furnished or suit dismissed.—Where an order is made**
for attachment before judgment, the Court shall order the attachment to be withdrawn when the defendant
furnishes the security required, together with security for the cost of the attachment, or when the suit is
dismissed.
1. Ins. by Act 104 of 1976, s. 85 (w.e.f. 1-2-1977).
2. Subs. by Act 104 of 1976, s. 85, for rule 8 (w.e.f. 1-2-1977).
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**10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from**
**applying for sale.—Attachment before judgment shall not affect the rights, existing prior to the**
attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant
from applying for the sale of the property under attachment in execution of such decree.
**11. Property attached before judgment not to be re-attached in execution of decree.—Where**
property is under attachment by virtue of the provisions of this order decree is subsequently passed in
favour of the plaintiff, it shall not be necessary upon an application for execution of such decree to apply
for a re-attachment of the property.
1[11A. Provisions applicable to attachment.—(1) The provisions of this Code applicable to an
attachment made in execution of a decree shall, so far as may be, apply to an attachment made before
judgment which continues after the judgment by virtue of the provisions of rule 11.
(2) An attachment made before judgment in a suit which is dismissed for default shall not become
revived merely by reason of the fact that the order for the dismissal of the suit for default has been set
aside and the suit has been restored.]
**12. Agricultural produce not attachable before judgment.—Nothing in this Order shall be deemed**
to authorise the plaintiff to apply for the attachment of any agricultural produce in the possession of an
agriculturist, or to empower the Court to order the attachment or production of such produce.
2[13. Small Cause Court not to attach immovable property.—Nothing in this Order shall be
deemed to empower any Court of Small Causes to make an order for the attachment of immovable
property.]
ORDER XXXIX
TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
_Temporary injunctions_
**1. Cases in which temporary injunction may be granted.—Where in any suit it is proved by**
affidavit or otherwise—
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by
any party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to
3[defrauding] his creditors,
4[(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the
plaintiff in relation to any property in dispute in the suit,]
the Court may by order grant a temporary injunction to restrain such act, or make such other order for the
purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the
property [5][or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any
property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.
**2. Injunction to restrain repetition or continuance of breach.—(1) In any suit for restraining the**
defendant from committing a breach of contract or other injury of any kind, whether compensation is
claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either
before or after judgment, apply to the Court for a temporary injunction to restrain the defendant from
committing the breach of contract or injury complained, of, or any breach of contract or injury of a like
kind arising out of the same contract or relating to the same property or right.
1. Ins. by s. 85, ibid. (w.e.f. 1-2-1977).
2. Ins. by Act 1 of 1926, s. 4.
3. Subs. by Act 104 of 1976, s. 86, for “defraud” (w.e.f. 1-2-1977).
4. Ins. by s. 86, ibid. (w.e.f. 1-2-1977).
5. Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977).
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(2) The Court may by order grant such injunction, on such terms as to the duration of the injunction,
keeping an account, giving security, or otherwise, as the Court thinks fit.
1* - - -
1[2A. Consequence of disobedience or breach of injunction.—(1) In the case of disobedience of
any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which
the injunction was granted or the order made, the Court granting the injunction or making the order, or
any Court to which the suit or proceeding is transferred, may order the property of the person guilty of
such disobedience or breach to be attached, and may also order such person to be detained in the civil
prison for a term not exceeding three months, unless in the meantime the Court directs his release.
(2) No attachment made under this rule shall remain in force for more than one year, at the end of
which time, if the disobedience or breach continues, the property attached may be sold and out of the
proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the
balance, if any, to the party entitled thereto.]
**3. Before granting injunction, Court to direct notice to opposite party.—The Court shall in all**
cases, except where it appears that the object of granting the injunction would be defeated by the delay,
before granting an injunction, direct notice of the application for the same to be given to the opposite
party:
1[Provided that, where it is proposed to grant an injunction without giving notice of the application to
the opposite party, the Court shall record the reasons for its opinion that the object of granting the
injunction would be defeated by delay, and require the applicant—
(a) to deliver to the opposite party, or to send to him by registered post, immediately after the
order granting the injunction has been made, a copy of the application for injunction together with—
(i) a copy of the affidavit filed in support of the application;
(ii) a copy of the plaint; and
(iii) copies of documents on which the applicant, relies, and
(b) to file, on the day on which such injunction is granted or on the day immediately following
[that day, an affidavit stating that the copies aforesaid have been so delivered or sent.]](http://day.an/)
1[3A. Court to dispose of application for injunction within thirty days.—Where an injunction has
been granted without giving notice to the opposite party, the Court shall make an endeavour to finally
dispose of the application within thirty days from the date on which the injunction was granted; and
where it is unable so to do, it shall record its reasons for such inability.]
**4. Order for injunction may be discharged, varied or set aside.—Any** order for an injunction may
be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied
with such order:
2[Provided that if in an application for temporary injunction or in any affidavit supporting such application,
a party has knowingly made a false or misleading statement in relation to a material particular and the
injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless,
for reasons to be recorded, it considers that it is not necessary so to do in the interests of justice:
Provided further that where an order for injunction has been passed after giving to a party an
opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that
party except where such discharge, variation or setting aside has been necessitated by a change in the
circumstances, or unless the Court is satisfied that the order has caused undue hardship to that party.]
1. Sub-rules (3) and (4) omitted by s. 86, ibid. (w.e.f. 1-2-1977).
2. Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977).
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**5. Injection to corporation binding on its officer.—An** injunction directed to a corporation is
binding not only on the corporation itself, but also on all members and officers of the corporation whose
personal action it seeks to restrain.
_Interlocutory orders_
**6. Power to order interim sale.—The** Court may, on the application of any party to a suit, order the
sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any
movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is
subject to speedy and natural delay, or which for any other just and sufficient cause, it may be desirable to
have sold at once.
**7. Detention, preservation, inspection, etc., of subject-matter of suit.—(1) The Court may, on the**
application of any party to a suit, and on such terms as it thinks fit,—
(a) make an order for the detention, preservation or inspection of any property which is the
subject-matter of such suit, or as to which any question may arise therein;
(b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or
building in the possession of any other party to such suit; and
(c) for all or any of the purposes aforesaid authorise any samples to be taken, or any observation
to be made or experiment to be tried, which may seem necessary or expendient for the purpose of
obtaining full information or evidence.
(2) The provisions as to execution of process shall apply, mutatis mutandis, to persons authorised to
enter under this rule.
**8. Application for such orders to be after notice.—(1) An application by the plaintiff for an order**
under rule 6 or rule 7 may be made [1]*** at any time after institution of the suit.
(2) An application by the defendant for a like order may be made [2]*** at any time after appearance.
1[(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court
shall, except where it appears that the object of making such order would be defeated by the delay, direct
notice thereof to be given to the opposite party.]
**9. When party may be put in immediate possession of land the subject-matter of suit.—Where**
land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit, if the party in
possesion of such land or tenure neglects to pay the Government revenue, or the rent due to the proprietor
of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other
party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or
rent due previously to the sale (and with or without security at the discretion of the Court), be put in
immediate possession of the land or tenure;
and the Court in its decree may award against the defaulter the amount so paid, with interest thereon
at such rate as the Court thinks fit, or may charge the amount so paid, with interest thereon at such rate as
the Court orders, in any adjustment of accounts which may be directed in the decree passed in the suit.
**10. Deposit of money, etc., in Court.—Where** the subject-matter of a suit is money or some other
thing capable of delivery and any party thereto admits that he holds such money or other thing as a
trustee for another party, or that it belongs or is due to another party, the Court may order the same to
be deposited in Court or delivered to such last-named party, with or without security, subject to the
further direction of the Court.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of Order XXXIX.— In the First Schedule, in Order XXXIX —**
(a) in rule 2, in sub-rule (2) the following proviso shall be inserted, namely :—
1. The words “after notice to the defendant” omitted by s. 86, ibid. (w.e.f. 1-2-1977).
2. The words “after notice to the plaintiff” omitted by s. 86, ibid. (w.e.f. 1-2-1977).
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“provided that no such injunction shall be granted —
(a) where no perpetual injunction could be granted in view of the provisions of section 38 and
section 41 of the Specific Relief Act, 1963, or
(b) to stay the operation of an order for, transfer, suspension, reduction in rank, compulsory
retirement, dismissal, removal or otherwise termination of service of, or taking charge from, any
employee including any employee of the Government, or
(c) to say, any disciplinary proceeding pending or intended or, the effect of any adverse entry,
against any employee of the Government, or
(d) to affect the internal management or affairs of, any educational institution including a
University, or a society, or
(e) to restrain any election, or
(f) to restrain, any auction intended to be made or, the effect of any auction made, by the
Government, or
(g) to stay the proceedings for the recovery of any dues recoverable as land revenue unless adequate
security is furnished, or
(h) in any matter where a reference can be made to the Chancellor of a University under any
enactment for the time being in force ;
and any order for injunction granted in contravention of these provisions shall be void.” ;
(b) in rule 4 —
(i) after the words “by the court”, the words “for reasons to be recorded, either on its own
motion or” shall be inserted ;
(ii) at the end, the following proviso shall be inserted, namely:—
“Provided that if at any stage of the suit it appears to the Court that the party in whose favour
the order of injunction exists is dilating the proceeding or is otherwise abusing the process of Court, it
shall set aside the order for injunction.”
[Vide Uttar Pradesh Act 57 of 1976, s. 13]
**Uttar Pradesh**
**Amendment of order XXXIX of First** **Schedule.— In the First Schedule to the said Code, in Order XXXIX, in**
rule 2, in sub-rule (2), in the proviso, clause (d) shall be omitted.
[Vide Uttar Pradesh Act 17 of 1991, s. 8]
ORDER XL
APPOINTMENT OF RECEIVERS
**1. Appointment of receivers.—(1) Where it appears to the Court to be just and convenient, the Court**
may by order—
(a) appoint a receiver of any property, whether before or after decree;
(b) remove any person from the possession or custody of the property;
(c) commit the same to the possession, custody or management of the receiver; and
(d) confer upon the receiver all such powers, as to bringing and defending suits and for the
realisation, management, protection, preservation and improvement of the property, the collection of
the rents and profits thereof, the application and disposal of such rents and profits, and the execution
of documents as the owner himself has, or such of those powers as the Court thinks fit.
(2) Nothing in this rule shall authorise the Court to remove from the possession or custody of
property any person whom any party to the suit has not a present right so to remove.
**2. Remuneration.—The** Court may by general or special order fix the amount to be paid as
remuneration for the services of the receiver.
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**3. Duties.—Every** receiver so appointed shall—
(a) furnish such security (if any) as the Court thinks fit, duly to account for what he shall receive
in respect of the property;
(b) submit his accounts at such periods and in such form as the Court directs;
(c) pay the amount due from him as the Court directs; and
(d) be responsible for any loss occasioned to the property by his wilful default or gross
negligence.
**4. Enforcement of receiver’s duties.—Where** a receiver—
(a) fails to submit his accounts at such periods and in such form as the Court directs, or
(b) fails to pay amount due from him as the Court directs, or
(c) occasions loss to the property by his wilful default or gross negligence,
the Court may direct his property to be attached and may sell such property, and may apply the proceeds
to make good any amount found to be due from him or any loss occasioned by him, and shall pay the
balance (if any) to the receiver.
**5. When Collector may he appointed receiver.—Where** the property is land paying revenue to the
Government, or land of which the revenue has been assigned or redeemed, and the Court considers that
the interests of those concerned will be promoted by the management of the Collector, the Court may,
with the consent of the Collector, appoint him to be receiver of such property.
ORDER XLI
APPEALS FROM ORIGINAL DECREES
**1. Form of appeal What to accompany memorandum.—(1)** Every appeal shall be preferred in the
form of a memorandum signed by the appellant or his pleader and presented to the Court or to such
officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the [1][Judgment].
2[Provided that where two or more suits have been tried together and a common judgment has been
delivered therefor and two or more appeals are filed against any decree covered by that judgment,
whether by the same appellant or by different appellants, the Appellate Court may dispense with the filing
of more than one copy of the judgment.]
(2) **Contents of memorandum.—The** memorandum shall set forth, concisely and under distinct
heads, the grounds of objection to the decree appealed from without any argument or narrative; and such
grounds shall be numbered consecutively.
1[(3) Where the appeal is against a decree for payment of money, the appellant shall, within such time
as the Appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in
respect thereof as the Court may think fit.]
**2. Grounds which may be taken in appeal.—The** appellant shall not, except by leave of the Court,
urge or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the
Appellate Court, in deciding the appeal, shall not be confined to the grounds of objections set forth in the
memorandum of appeal or taken by leave of the Court under this rule:
Provided that the Court shall not rest its decision on any other ground unless the party who may be
affected thereby has had a sufficient opportunity of contesting the case on that ground.
**3. Rejection or amendment of memorandum.—(1)** Where the memorandum of appeal is not drawn
up in the manner hereinbefore prescribed, it may be rejected, or be returned to the appellant for the
purpose of being amended within a time to be fixed by the Court or be amended then and there.
(2) Where the Court rejects any memorandum, it shall record the reasons for such rejection.
(3) Where a memorandum of appeal is amended, the judge, or such officer as he appoints in this
behalf, shall sign or initial the amendment.
1. Subs. by Act 46 of 1999, s. 31, for certain words, (w.e.f. 1-7-2002).
2. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
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1[3A. Application for condonation of delay.—(1) When an appeal is presented after the expiry of
the period of limitation specified therefore, it shall be accompanied by an application supported by
affidavit setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient
cause for not preferring the appeal within such period.
(2) If the Court sees no reason to reject the application without the issue of a notice to the respondent,
notice hereof shall be issued to the respondent and the matter shall be finally decided by the Court before
it proceeds to deal with the appeal under rule 11 or rule 13, as the case may be.
(3) Where an application has been made under sub-rule (1), the Court shall not make an order fact the
stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does
not, after hearing under rule 11, decide to hear the appeal.]
**4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds**
**on ground common to all.—Where** there are more plaintiffs or more defendants than one in a suit, and
the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants,
any one of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the
Appellate Court may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case
may be.
_Stay of proceedings and of execution_
**5. Stay by Appellate Court.—(I) An appeal shall not operate as a stay of proceedings under a decree**
or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be
stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may
for sufficient cause order stay of execution of such decree.
1[Explanation.—An order by the Appellate Court for the stay of execution of the decree shall be
effective from the date of the communication of such order to the Court of first instance, but an
## affidavit sworn
by the appellant, based on his personal knowledge, stating that an order for the stay of execution of the
decree has been made by the Appellate Court shall, pending the receipt from the Appellate Court of the
order for the stay of execution or any order to the contrary, be acted upon by the Court of first instance.]
(2) Stay by Court which passed the decree.—Where an application is made for stay of execution of
an appealable decree before the expiration of the time allowed for appealing therefrom, the Court which
passed the decree may on sufficient cause being shown order the execution to be stayed.
(3) No order for stay of execution shall be made under sub-rule (1) or sub-rule (2) unless the Court
making it is satisfied—
(a) that substantial loss may result to the party applying for stay of execution unless the order is
made;
(b) that the application has been made without unreasonable delay; and
(c) that security has been given by the applicant for the due performance of such decree or order
as may ultimately be binding upon him.
(4) [1][Subject to the provision of sub-rule (3),] the Court may make an _ex parte order for stay of_
execution pending the hearing of the application.
2[(5) Notwithstanding anything contained in the foregoing sub-rules, where the appellant fails to
make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an
order staying the execution of the decree.]
**6. Security in case of order for execution of decree appealed from.—(1) Where an order is made**
for the execution of a decree from which an appeal is pending, the Court which passed the decree shall,
on sufficient cause being shown by the appellant, require security to be taken for the restitution of any
property which may be or has been taken in execution of the decree or for the payment of the value of
1. Subs. by Act 104 of 1976, s. 87, for certain words (w.e.f. 1-2-1977).
2. Ins. by s. 87, ibid. (w.e.f. 1-2-1977).
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such property and for the due performance of the decree or order of the Appellate Court, or the Appellate
Court may for like cause direct the Court which passed the decree to take such security.
(2) Where an order has been made for the sale of immovable property in execution of a decree, and an
appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court
which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit
until the appeal is disposed of.
**7. [1][No security to be required from the Government or a public officer in certain cases.]** _Rep. by the_
_A.O. 1937._
**8. Exercise of power in appeal from order made in execution of decree.—The powers conferred**
by rules 5 and 6 shall be exercisable where an appeal may be or has been preferred not from the decree
but from an order made in execution of such decree.
_Procedure on admission of appeal_
2[9. Registry of memorandum of appeal.—(1) The Court from whose decree an appeal lies shall
entertain the memorandum of appeal and shall endorse thereon the date of presentation and shall register
the appeal in a book of appeal kept for that purpose.
(2) Such book shall be called the register of appeal.]
**10. Appellate Court may require appellant to furnish security for costs.—(1) The Appellate**
Court may in its discretion, either before the respondent is called upon to appear and answer or afterwards
on the application of the respondent, demand from the appellant security for the costs of the appeal, or of
the original suit, or of both:
**Where appellant resides out of India.—Provided that the Court shall demand such security in all**
cases in which the appellant is residing out of [3][India], and is not possessed of any sufficient immovable
property within [5][India] other than the property (if any) to which the appeal relates.
(2) Where such security is not furnished within such time as the Court orders, the Court shall reject
the appeal.
**11. Power to dismiss appeal without sending notice to Lower Court.—[4][(1)** The appellate Court
after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on
that day may dismiss the appeal].
(2) If on the day fixed or arty other day to which the hearing may be adjourned the appellant does not
appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed.
(3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree the
appeal is preferred.
5[(4) Where an Appellate Court, not being the High Court, dismisses an appeal under sub-rule (1), it
shall deliver a judgment, recording in brief its grounds for doing so, and a decree shall be drawn up in
accordance with the judgment.]
**2[11A. Time within which hearing under rule 11 should be concluded.—Every** appeal shall be
hear under rule 11 as expeditiously as possible and endeavour shall be made to conclude such hearing
within sixty days from the date on which the memorandum of appeal is filed.]
**12. Day for hearing appeal.—(1)** Unless the Appellate Court dismisses the appeal under rule 11, it
shall fix a day for hearing the appeal.
6[(2) Such day shall be fixed with reference to the current business of the Court.]
**13. [Appellate Court to give notice to Court whose decree appealed from.] Omitted by Code**
_of Civil Procedure (Amendment) Act 1999, (46 of 1999), s. 31 (w.e.f. 1-7-2002.)_
1. See order XXVII, rule 8A, supra.
2. Subs. by Act 46 of 1999, s. 31, for rule 9 (w.e.f. 1-7-2002).
3. Subs. by Act 2 of 1951, s. 3, for “the States”.
4. Subs. by Act 46 of 1999, s. 31, for sub-rule (1) (w.e.f. 1-7-2002).
5. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
6. Subs. by Act 46 of 1999, s. 31, for sub-rule (2) (w.e.f. 1-7-2002).
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**14. Publication and service of notice of day for hearing appeal.—(1)** Notice of the day fixed under
rule 12 shall be affixed in the Appellate Court-house, and a like notice shall be sent by the Appellate
Court to the Court from whose decree the appeal is preferred, and shall be served on the respondent or on
his pleader in the Appellate Court in the manner provided for the service on a defendant of a summons to
appear and answer, and all the provisions applicable to such summons, and to proceedings with reference
to the service thereof, shall apply to the service of such notice.
(2) **Appellate Court may itself cause notice to be served.—Instead of sending the notice to the**
Court from whose decree the appeal is preferred, the Appellate Court may itself cause the notice to be
served on the respondent or his pleader under the provisions above referred to.
2[(3) The notice to be served on the respondent shall be accompanied by a copy of the memorandum
of appeal.
(4) Notwithstanding anything to the contrary contained in sub-rule (1), it shall not be necessary to
serve notice of any proceeding incidental to an appeal on any respondent other than a person impleaded
for the first time in the Appellate Court, unless he has appeared and filed an address for the service in the
Court of first instance or has appeared in the appeal.
(5) Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.]
**15. [Contents of notice.] Omitted by Code of Civil Procedure (Amendment) Act 1999, (46 of**
1999), s. 31 (w.e.f. 1-7-2002.)
_Procedure on hearing_
**16. Right to begin.—(1) On the day fixed, or on any other day to which the hearing may be**
adjourned, the appellant shall be heard in support of the appeal.
(2) The Court shall then, if it does not dismiss the appeal at once, hear the respondent against the
appeal, and in such case the appellant shall be entitled to reply.
**17. Dismissal of appeal for appellants’ default.—(1) Where on the day fixed, or on any other day to**
which the hearing may be adjourned, the appellant does not appear when the appeal is called on for
hearing, the Court may make an order that the appeal be dismissed.
1[Explanation.—Nothing in this sub-rule shall be construed as empowering the Court to dismiss the
appeal on the merits.]
(2) **Hearing appeal ex parte.—Where the appellant appears and the respondent does not appear, the**
appeal shall be heard ex parte.
**18. [Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit**
_cost.] omitted by the Code of Civil Procedure ( Amendment) Act, 1 9 9 9 (46 of 1999) s. 31 (w.e.f. 1-7-_
2002).
**19. Re-admission of appeal dismissed for default. —Where an appeal is dismissed under rule 11,**
sub-rule (2) or rule 17 [2][***] the appellant may apply to the Appellate Court for the re-admission of the
appeal; and, where it is proved that he was prevented by any sufficient cause from appearing when the
appeal was, called on for hearing or from depositing the sum so required, the Court shall re-admit the
appeal on such terms as to costs or otherwise as it thinks fit.
**20. Power to adjourn hearing and direct persons appearing interested to be made respondents. —**
3[(1)] Where it appears to the Court at the hearing that any person who was a party to the suit in the Court from
whose decree the appeal is preferred, but who has not been made a party to the appeal, is interested in the
result of the appeal, the Court may adjourn the hearing to a future day to be fixed by the Court and direct that
such person be made a respondent.
1. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
2. The words “or rule 18” omitted by Act 46 of 1999, s. 31, (w.e.f. 1-7-2002).
3. Rule 20 re-numbered as sub-rule (1) by Act 104 of 1976, s. 87 (w.e.f 1-2-1977).
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1[(2) No respondent shall be added under this rule, after the expiry of the period of limitation for
appeal, unless the Court, for reasons to be recorded, allows that to be done, on such terms as to costs as it
thinks fit.]
**21. Re-hearing on application of respondent against whom** _ex parte_ **decree made.—Where** an
appeal is heard _ex parte_ and judgment is pronounced against the respondent, he may apply to the
Appellate Court to re-hear the appeal; and, if he satisfies the Court that the notice was not duly served or
that he was prevented by sufficient cause from appearing when the appeal was called on for hearing, the
Court shall re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him.
**22. Upon hearing respondent may object to decree as if he had preferred separate appeal.—(1)**
Any respondent, though he may not have appealed from any part of the decree, may not only support the
decree [2][but may also state that the finding against him in the Court below in respect of any issue ought to
have been in his favour; and may also take any cross-objection] to the decree which he could have taken
by way of appeal provided he has filed such objection in the Appellate Court within one month from the
date of service on him or his pleader of notice of the day fixed for hearing the appeal, or within such
further time as the Appellate Court may see fit to allow.
4[Explanation. —A respondent aggrieved by a finding of the Court in the judgment on which the
decree appealed against is based may, under this rule, file cross-objection in respect of the decree in so far
as it is based on that finding, notwithstanding that by reason of the decision of the Court on any other
finding which is sufficient for the decision of the suit, the decree, is, wholly or in part, in favour of that
respondent.]
(2) **Form of objection and provisions applicable thereto.—Such** cross-objection shall be in the
form of a memorandum, and the provisions of rule 1, so far as they relate to the form and contents of the
memorandum of appeal, shall apply thereto.
3* - - -
(4) Where, in any case in which any respondent has under this rule filed a memorandum of objection, the
original appeal is withdrawn or is dismissed for default, the objection so filed may nevertheless be heard and
determined after such notice to the other parties as the Court thinks fit.
(5) The provisions relating to appeals by indigent persons shall, so far as they can be made applicable,
apply to an objection under this rule.
**23. Remand of case by Appellate Court.—Where** the Court from whose decree an appeal is preferred
has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may,
if it thinks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so
remanded, and shall send a copy of its judgment and order to the Court from whose decree the appeal is
preferred, which directions to re-admit the suit under its original number in the register of civil suits, and
proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all
just exceptions, be evidence during the trial after remand.
4[23A. Remand in other cases.—Where the Court from whose decree an appeal is preferred has
disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a
re-trial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23.
**24. Where evidence on record sufficient Appellate Court may determine** **_case_** **finally.—Where the**
evidence upon the record is sufficient to enable the Appellate Court to pronounce judgement, the Appellate
Court may, after resettling the issues, if necessary, finally determine the suit, notwithstanding that the
1. Ins. by s. 87, ibid. (w.e.f. 1-2-1977).
2. Subs. by s. 87, ibid., for certain words (w.e.f. 1-2-1977).
3. Subs-rule (3) omitted by Act 46 of 1999, s. 31 (w.e.f. 1-7-2002).
4. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
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judgment of the Court from whose decree the appeal is preferred has proceeded wholly upon some ground
other than that on which the Appellate Court proceeds.
**25. Where Appellate Court may frame issues and refer them for trial to Court whose decree**
**appealed from.—Where** the Court from whose decree the appeal is preferred has omitted to frame or try
any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right
decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the
same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such
Court to take the additional evidence required;
and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court
together with its findings thereon and the reasons therefor [1][within such time as may be fixed by the
Appellate Court or extended by it from time to time].
**26. Findings and evidence to be put on record. Objections to findings.—(1)** Such evidence and
findings shall form part of the record in the suit; and either party may, within a time to be fixed by the
Appellate Court, present a memorandum of objections to any finding.
(2) **Determination of appeal.—After** the expiration of the period so fixed for presenting such
memorandum the Appellate Court shall proceed to determine the appeal.
1[26A. Order of remand to mention date of next hearing.—Where the Appellate Court remands a
case under rule 23 or rule 23A, or frames issues and refers them for trial under rule 25, it shall fix a date
for the appearance of the parties before the Court from whose decree the appeal was preferred for the
purpose of receiving the directions of that Court as to further proceedings in the suit.]
**27. Production of additional evidence in Appellate Court.—(1)** The parties to an appeal shall not be
entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if —
(a) the Court from whose decree the appeal is preferred has refused to admit evidence which
ought to have been admitted, or
1[(aa) the party seeking to produce additional evidence, establishes that notwithstanding the
exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of
due diligence, be produced by him at the time when the decree appealed against was passed, or]
(b) the Appellate Court requires any document to be produced or any witness to be examined to
enable it to pronounce judgment, or for any other substantial cause,
the Appellate Court may allow such evidence or document to be produced, or witness to be examined.
(2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall
record the reason for its admission.
**28. Mode of taking additional evidence.—Wherever** additional evidence is allowed to be produced,
the Appellate Court may either take such evidence, or direct the Court from whose decree the appeal is
preferred, or any other subordinate Court, to take such evidence and to send it when taken to the
Appellate Court.
**29. Points to be defined and recorded.—Where** additional evidence is directed or allowed to be
taken, the Appellate Court shall specify the points to which the evidence is to be confined, and record on
its proceedings the points so specified.
_Judgment in appeal_
**30. Judgment when and where pronounced.—[2][(1)]** The Appellate Court, after hearing the parties
or their pleaders and referring to any part of the proceedings, whether on appeal or in the Court from
whose decree the appeal is preferred, to which reference may be considered necessary, shall pronounce
1. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
2. Rule 30 re-numbered as sub-rule (1) by s. 87, ibid. (w.e.f. 1-2-1977).
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judgment in open Court, either at once or on some future day of which notice shall be given to the parties
or their pleaders.
1[(2) Where a written judgment is to be pronounced, it shall be sufficient if the points for determination,
the decision thereon and the final order passed in the appeal are read out and it shall not be necessary for the
Court to read out the whole judgment, but a copy of the whole judgment shall be made available for the
perusal of the parties or their pleaders immediately after the judgment is pronounced.]
**31. Contents, date and signature of judgment.—The** judgment of the Appellate Court shall be in
writing and shall state—
(a) the points for determination;
(b) the decision thereon;
(c) the reasons for the decision; and
(d) where the decree appealed from is reversed or varied, the relief to which the appellant is
entitled,
and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring
therein.
**32. What judgment may direct.—The** judgment may be for confirming, varying or reversing the
decree from which the appeal is preferred, or, if the parties to the appeal agree as to the form which the
decree in appeal shall take, or as to the order to be made in appeal, the Appellate Court may pass a decree
or make an order accordingly.
**33. Power of Court of Appeal.—The** Appellate Court shall have power to pass any decree and make
any order which ought to have been passed or made and to pass or make such further or other decree or
order as the case may require, and this power may be exercised by the Court notwithstanding that the
appeal is as to part only of the decree and may be exercised in favour of all or any of the respondents or
parties, although such respondents or parties may not have filed any appeal or objection [1][and may, where
there have been decrees in cross-suits or where two or more decrees are passed in one suit, be exercised in
respect of all or any of the decrees, although an appeal may not have been filed against such decrees]:
1[Provided that the Appellate Court shall not make any order under section 35A in pursuance of any
objection on which the Court from whose decree the appeal is preferred has omitted or refused to make
such order.]
_Illustration_
A claims a sum of money as due to him from X or Y, and in a suit against both obtains a decree against X. X,
appeals and A and Y are respondents. The Appellate Court decides in favour of X. It has power to pass a decree
against Y.
**34. Dissent to be recorded.—Where the Appeal is heard by more judges than one, any judge**
dissenting from the judgment of the Court shall state in writing the decision or order which he thinks
should be passed on the appeal, and he may state his reasons for the same.
_Decree in appeal_
235. Date and contents of decree.—(1) The decree of the Appellate Court shall bear date the day on
which the judgment was pronounced.
(2) The decree shall contain the number of the appeal, the names and descriptions of the appellant and
respondent, and a clear specification of the relief granted or other adjudication made.
(3) The decree shall also state the amount of costs incurred in the appeal, and by whom, or out of
what property, and in what proportions such costs and the costs in the suit are to be paid.
1. Ins. by Act 9 of 1922, s. 4, which under s. 1(2) thereof, may be brought into force in any State by the State Government on any
specified date. The Act has been brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P. Assam, Orissa and Tamil
Nadu.
2. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act,
1925 (U.P. 4 of 1925), s. 16(3).
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(4) The decree shall be signed and dated by the Judge or Judges who passed it:
**Judge dissenting from judgment need not sign decree.—Provided that where there are more**
Judges than one and there is a difference of opinion among them, it shall not be necessary for any Judge
dissenting from the judgment of the Court to sign the decree.
**36. Copies of judgment and decree to be furnished to parties.—Certified** copies of the judgment and
decree in appeal shall be furnished to the parties on application to the Appellate Court and at their expense.
**37. Certified copy of decree to be** **sent to Court whose decree appealed from.—A** copy of the
judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall
be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in
the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits.
ORDER XLII
APPEALS FROM APPELLATE DECREES
**1. Procedure.—The rules of Order XLI shall apply,** so far as may be, to appeals from appellate decrees.
1[2. Power of Court to direct that the appeal be heard on the question formulated by it —At the time
of making an order under rule 11 of Order XLI for the hearing of a second appeal, the Court shall formulate
the substantial question of law as required by section 100, and in doing so, the Court may direct that the second
appeal be heard on the question so formulated and it shall not be open to the appellant to urge any other ground
in the appeal without the leave of the Court, given in accordance with the provision of section 100.
**3. Application of rule 14 of Order XLI.—Reference in sub-rule (4) of rule 14 of Order XLI to the**
Court of first instance shall, in the case of an appeal from an appellate decree or order, be construed as a
reference to the Court to which the appeal was preferred from the original decree or order.]
ORDER XLIII
APPEALS FROM ORDERS
**1. Appeal from orders.—An** appeal shall lie from the following orders under the provisions of
section 104, namely: —
(a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court
2[except where the procedure specified in rule 10A of Order VII has been followed];
3 * - - -
(c)[.] an order under rule 9 of order IX rejecting an application (in a case open to appeal) for an order
to set aside the dismissal of a suit;
(d) an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an
order to set aside a decree passed ex parte;
2* - - -
(f) an order under rule 21 of Order XI;
2* - - -
(i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an
endorsement;
(j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;
1. Ins. by Act 104 of 1976, s. 88 (w.e.f. 1-2-1977).
2. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977).
3. Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977).
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1[ja) an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided
that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule
105 of that Order is appealable;]
(k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;
(l) an order under rule 10 of Order XXII giving or refusing to give leave;
2* - - -
(n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an
order to set aside the dismissal of a suit;
1[(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to
sue as an indigent person;]
2* - - -
(p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV;
(q) an order under rule 2, rule 3 or rule 6 of order (XXVIII);
(r) an order under rule 1, rule 2 [1][rule 2A], rule 4 or rule 10 of Order XXXIX;
(s) an order under rule 1, or rule 4 of Order XL;
(t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to
[re-hear, an appeal;](http://re-hear.an/)
(u) an order under rule 23 [1][or rule 23A] of Order XLI remanding a case, where an appeal would lie
from the decree of the Appellate Court;
2* - - -
(w) an order under rule 4 of Order XLVII granting an application for review.
**1[1A. Right to challenge non-appealable orders in appeal against decrees.—(1) Where any order**
is made under this Code against a party and thereupon any judgment is pronounced against such party and
a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not
have been made and the judgment should not have been pronounced.
(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a
compromise, it shall be open to the appellant to contest the decree on the ground that the compromise
should, or should not, have been recorded.]
**2. Procedure.—The rules of Order XLI shall apply, so far as may be, to appeals from orders.**
ORDER XLIV
2[APPEALS BY INDIGENT PERSONS]
**1. Who may appeal [3][as an indigent person]. —[4][(1)] Any person entitled to prefer an appeal, who**
is unable to pay the fee required for the memorandum of appeal, may present an application accompanied
by a memorandum of appeal, and may be allowed to appeal as an [5][indigent person], subject, in all
matters, including the presentation of such application, to the provisions relating to suits by [5][indigent
persons], in so far as those provisions are applicable.
6* ***** ***** ***** *****
7* ***** ***** ***** *****
8[2. Grant of time for payment of court-fee.—Where an application is rejected under rule 1, the Court
may, while rejecting the application, allow the applicant to pay the requisite Court-fee, within such time as
may be fixed by the Court or extended by it from time to time; and upon such payment, the memorandum of
appeal in respect of which such fee is payable shall have the same force and effect as if such fee had been
paid in the first instance.
1. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977).
2. Subs. by s. 90, ibid., for “pauper appeals” (w.e.f. 1-2-1977).
3. Subs. by s. 90, ibid., for “as pauper” (w.e.f 1-2-1977).
4. Rule 1 re-numbered as sub-rule (1) by Act 66 of 1956, s. 14.
5. Subs. by Act 104 of 1976, s. 90, for “pauper” and “paupers” respectively (w.e.f 1-2-1977),
6. Proviso omitted by Act 66 of 1956, s. 14.
7. Sub-rule (2) ins. by s. 14, ibid. and omitted by Act 104 of 1976, s. 90 (w.e.f 1-2-1977).
8. Subs. by Act 104 of 1976, s. 90, for rule 2 (w.e.f. 1-2-1977).
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**3. Inquiry as to whether applicant is an indigent person.—(1)** Where an applicant, referred to in
rule 1, was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is
preferred, no further inquiry in respect of the question whether or not he is an indigent person shall be
necessary if the applicant has made an affidavit stating that he has not ceased to be an indigent person
since the date of the decree appealed from; but if the Government Pleader or the respondent disputes the
truth of the statement made in such affidavit, an inquiry into the question aforesaid shall be held by the
Appellate Court, or, under the orders of the Appellate Court, by an officer of that Court.
(2) Where the applicant, referred to in rule 11, is alleged to have become an indigent person since the
date of the decree appealed from, the inquiry into the question whether or not he is an indigent person
shall be made by the Appellate Court or, under the orders of the Appellate Court, by an officer of that
Court unless the Appellate Court considers it necessary in the circumstances of the case that the inquiry
should be held by the Court from whose decision the appeal is preferred.]
ORDER XLV
APPEALS TO THE [1][SUPREME COURT]
**1. “Decree” defined.—In this Order, unless there is something repugnant in the subject or context,**
the expression “decree” shall include a final order.
**2. Application to Court whose decree complained of.—[2][(1)]** Whoever desires to appeal [3][the
Supreme Court] shall apply by petition to the Court whose decree is complained of.
[4][(2) Every petition under sub-rule (1) shall be heard as expeditiously as possible and endeavour shall
be made to conclude the disposal of the petition within sixty days from the date on which the petition is
presented to the Court under sub-rule (1).]
**3. Certificate as to value or fitness. —[5][(1)** Every petition shall state the grounds of appeal and pray
for a certificate—
(i) that the case involves a substantial question of law of general importance, and
(ii) that in the opinion of the Court the said question needs to be decided by the Supreme
Court.]
(2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to
show cause why the said certificate should not be granted.
**4. [Consolidation of suits.] Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973),**
_s. 4 (w.e.f. 1-2-1977)._
**5. [Remission of dispute to Court of first instance.] Rep. by s. 4, ibid. (w.e.f. 1-2-1977).**
**6. Effect of refusal of certificate.—Where** such certificate is refused, the petition shall be
dismissed.
7. Security and deposit required on grant of certificate.—(1) Where the certificate is granted, the
applicant shall, within [6][ninety days or such further period, not exceeding sixty days, as the Court may
upon cause shown allow;] from the date of the decree complained of, or within six weeks from the date of
the grant of the certificate whichever is the later date,—
(a) furnish security [7][in cash or in Government securities] for the costs of the respondent, and
(b) deposit the amount required to defray the expense of translating, transcribing indexing
8[printing,] and transmitting to 3[the Supreme Court] a correct copy of the whole record of the suit,
except—
(1) formal documents directed to be excluded by any [9][Rule of the Supreme Court] in force
for the time being;
(2) papers which the parties agree to exclude;
1. Subs. by the A.O. 1950, for “King-in-Council”.
2. Rule 2 re-numbered as sub-rule (1) of that rule by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977).
3. Subs. by the A.O. 1950, for "His Majesty in Council".
4. Ins. by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977).
5. Subs. by Act 49 of 1973, s. 4, for sub-rule (1).
6. Subs. by Act 26 of 1920, s. 3, for “six months”.
7. Ins. by s. 3, ibid.
8. Ins. by the A.O. 1950.
9. Subs., ibid., for “order of His Majesty in Council”.
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(3) accounts, or portions of accounts, which the officer empowered by the Court for that
purpose considers unnecessary, and which the parties have not specifically asked to be
included; and
(4) such other documents as the High Court may direct to be excluded:
1[Provided that the Court at the time of granting the certificate may, after hearing any opposite party
who appears, order on the ground of special hardship that some other form of security may be furnished:
Provided further, that no adjournment shall be granted to an opposite party to contest the nature of
such security.]
2* - - -
**8. Admission of appeal and procedure thereon.—Where** such security has been furnished and
deposit made to the satisfaction of the Court, the court shall—
(a) declare the appeal admitted,
(b) give notice thereof to the respondent,
(c) transmit to [3][the Supreme Court] under the seal of the Court a correct copy of the said record,
except as aforesaid, and
(d) give to either party one or more authenticated copies of any of the papers in the suit on his
applying therefore and paying the reasonable expenses incurred in preparing them.
**9. Revocation of acceptance of security.—At any time before the admission of the appeal the Court**
may, upon cause shown, revoke the acceptance of any such security, and make further directions thereon.
4[9A. Power to dispense with notices in case of deceased parties.—Nothing in these rules requiring
any notice to be served on or given to an opposite party or respondent shall be deemed to require any
notice to be served on or given to the legal representative of any deceased opposite party or deceased
respondent in a case, where such opposite party or respondent did not appear either at the hearing in the
Court whose decree is complained of or at any proceedings subsequent to the decree of that Court:
Provided that notices under sub-rule (2) of rule 3 and under rule 8 shall be given by affixing the same
in some conspicuous place in the court-house of the Judge of the district in which the suit was originally
brought, and by publication in such newspapers as the Court may direct.]
**10. Power to order further security or payment.—Where at any time after the admission of an**
appeal but before the transmission of the copy of the record, except as aforesaid, to [3][the Supreme Court],
such security appears inadequate,
or further payment is required for the purpose of translating, transcribing, printing, indexing or
transmitting the copy of the record, except as aforesaid,
the Court may order the appellant to furnish, within a time to be fixed by the Court, other and
sufficient security, or to make, within like time, the required payment.
**11. Effect of failure to comply with order.—Where the appellant fails to comply with such order,**
the proceedings shall be stayed,
and the appeal shall not proceed without an order in this behalf of, [3][the Supreme Court],
and in the meantime execution of the decree appealed from shall not be stayed.
1. Added by Act 26 of 1920, s. 3.
2. Sub-rule (2) omitted by the A.O. 1950.
3. Subs. by the A.O. 1950, for “his Majesty in Council”.
4. Ins. by Act 26 of 1920, s. 4.
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**12. Refund of balance deposit.—When the copy of the record, except as aforesaid, has been**
transmitted to [1][the Supreme Court], the appellant may obtain a refund of the balance (if any) of the
amount which he has deposited under rule 7.
**13. Powers of Court pending appeal.—(1)** Notwithstanding the grant of a certificate for the
admission of any appeal, the decree appealed from shall be unconditionally executed, unless the Court
otherwise directs.
(2) The Court may, if it thinks fit, on special cause shown by any party interested in the suit, or
otherwise appearing to the Court,—
(a) impound any movable property in dispute or any part thereof, or
(b) allow the decree appealed from to be executed, taking such security from the respondent as
the Court thinks fit for the due performance of any order which [1][the Supreme Court] may make on
the appeal, or
(c) stay the execution of the decree appealed from, taking such security from the appellant as the
Court thinks fit for the due performance of the decree appealed from, or of [2][any decree or order]
which [1][the Supreme Court] may make on the appeal, or
(d) place any party seeking the assistance of the Court under such conditions or give such other
direction respecting the subject-matter of the appeal, as it thinks fit, by the appointment of a receiver
or otherwise.
**14. Increase of security found inadequate.—(1) Where at any time during the pendency of the**
appeal the security furnished by either party appears inadequate, the Court may, on the application of the
other party, require further security.
(2) In default of such further security being furnished as required by the Court,—
(a) if the original security was furnished by the appellant, the Court may, on the application of the
respondent, execute the decree, appealed from as if the appellant had furnished no such security:
(b) if the original security was furnished by the respondent, the Court shall, so far as may be
practicable, stay the further execution of the decree, and restore the parties to the position in which
they respectively were when the security which appears inadequate was furnished, or give such
direction respecting the subject-matter of the appeal as it thinks fit.
**15. Procedure to enforce orders of the Supreme Court.—(1)** Whoever desires to obtain execution
of [ 2][any decree or order] of [1][the Supreme Court] shall apply by petition, accompanied by a certified copy
of the decree passed or order made in appeal and sought to be executed, to the Court from which the
appeal to [3][the Supreme Court] was preferred.
(2) Such Court shall transmit the [4][decree or order] of [1][the Supreme Court] to the Court which passed
the first decree appealed from, or to such other Court as [1][the Supreme Court] by such [4][decree or order]
may direct and shall (upon the application of either party) give such directions as may be required for the
execution of the same; and the Court to which the said [4][decree or order] is so transmitted shall execute it
accordingly, in the manner and according to the provisions applicable to the execution of its original
decrees.
5* - - -
1. Subs., by the A.O. 1950, for “His Majesty in Council”.
2. Subs., ibid., for “any order”.
3. Subs., ibid., for “His Majesty”.
4. Subs., ibid., for “order”.
5. Sub-rule (3) omitted by the A.O. 1950.
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1[(4) 2[Unless the Supreme Court otherwise directs, no decree or order of that Court] shall be
inoperative on the ground that no notice has been served on or given to the legal representative of any
deceased opposite party or deceased respondent in a case, where such opposite party or respondent did
not appear either at the hearing in the Court whose decree was complained of or at any proceedings
subsequent to the decree of that Court, but such order shall have the same force and effect as if it had
been made before the death took place.]
**16. Appeal from order relating to execution.—The** orders made by the Court which executes the
3[decree or order] of 4[the Supreme Court], relating to such execution, shall be appealable in the same
manner and subject to the same rules as the orders of such Court relating to the execution of its own
decrees.
**17. [Appeals to Federal Court.]** _Rep. by the Federal Act, 1941 (21 of 1941), s. 2._
**STATE AMENDMENT**
**Uttar Pradesh**
## Amendment of Order XLV. In the First Schedule, in Order XLV, in rule 2,
after sub- rule (2), the following sub-rule shall be inserted, namely :—
“(3) Notwithstanding anything contained in sub-rule (1), whoever desires to appeal to
the Supreme Court, may apply orally to the Court whose decree is to be complained of,
immediately before or
after the pronouncement of the judgment by the Court, for a certificate contemplated in
sub-rule (1) of rule 3, and the Court may either grant or refuse the certificate, or direct
the applicant to file a petition as required by sub-rule (1) ;
Provided that if an oral application is entertained and rejected, no written petition under
sub-rule (1) shall lie.”
[Vide Uttar Pradesh Act 56 of 1957, s. 14]
ORDER XLVI
REFERENCE
**1. Reference of question to High Court.—Where, before or on the hearing of a suit or an appeal in**
which the decree is not subject to appeal, or where, in the execution of any such decree, any question of
law or usage having the force of law arises, on which the Court trying the suit or appeal, or executing the
decree, entertains reasonable doubt, the Court may, either of its own motion or on the application of any
of the parties, draw up a statement of the facts of the case and the point on which doubt is entertained,
and refer such statement with its own opinion on the point for the decision of the High Court.
**2. Court may pass decree contingent upon decision of High Court.—The Court may either stay**
the proceedings or proceed in the case notwithstanding such reference, and may pass a decree or make an
order contingent upon the decision of the High Court on the point referred:
But no decree or order shall be executed in any case in which such reference is made until the receipt
of a copy of the judgment of the High Court upon the reference.
**3. Judgment of High Court to be transmitted and case disposed of accordingly.—The** High
Court, after hearing the parties if they appear and desire to be heard, shall decide the point so referred,
1. Ins. by Act 26 of 1920, s. 5.
2. Subs. by the A.O. 1950, for “Unless His Majesty in Council is pleased otherwise to direct, no order of His Majesty in
Council”.
3. Subs., ibid., for “order”.
4. Subs., ibid., for “His Majesty in Council”.
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and shall transmit a copy of its judgment, under the signature of the Registrar, to the Court by which the
reference was made; and such Court shall, on the receipt thereof, proceed to dispose of the case in
conformity with the decision of the High Court.
**4. Cost of reference to High Court.—The costs (if any) consequent on a reference for the decision**
of the High Court shall be costs in the case.
1[4A. Reference to High Court under proviso to section 113.—The provisions of rules 2, 3 and 4
shall apply to any reference by the Court under the proviso to section 113 as they apply to a reference
under rule 1; and]
**5. Power to alter, etc., decree of Court making reference.—Where a case is referred to the High**
Court under rule [5][or under the proviso to section 113], the High Court may return the case for
amendment, and may alter, cancel or set aside any decree or order which the Court making the reference
has passed or made in the case out of which the reference arose, and make such order as it thinks fit.
**6. Power to refer to High Court questions as to jurisdiction in small causes.—(1) Where at any**
time before judgment a Court in which a suit has been instituted doubts whether the suit is cognizable by
a Court of Small Causes or is not so cognizable, it may submit the record to the High Court with a
statement of its reasons for the doubt as to the nature of the suit.
(2) On receiving the record and statement, the High Court may order the Court either to proceed with
the suit or to return the plaint for presentation to such other Court as it may in its order declare to be
competent to take cognizance of the suit.
**7.** **Power to District Court to submit for revision proceeding had under mistake as to**
**jurisdiction in small causes.—(1)** Where it appears to a District Court that a Court subordinate thereto
has, by reason of erroneously holding a suit to be cognizable by a Court of Small Causes or not to be so
cognizable, failed to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested,
the District Court may, and if required by a party shall, submit the record to the High Court with a
statement of its reasons for considering the opinion of the Subordinate Court with respect to the nature of
the suit to be erroneous.
(2) On receiving the record and statement the High Court may make such order in the case as it
thinks fit.
(3) With respect to any proceedings subsequent to decree in any case submitted to the High Court
under this rule, the High Court may make such order as in the circumstance appears to it to be just and
proper.
(4) A Court subordinate to a District Court shall comply with any requisition which the District Court
may make for any record or information for the purposes of this rule.
ORDER XLVII
REVIEW
**1. Application for review of judgment.—(1) Any person considering himself aggrieved—**
(a) by a decree or order from which an appeal is allowed, but from which no appeal has been
preferred,
(b) by a decree or order from which no appeal is allowed, or
(c) by a decision on a reference from a Court of Small Causes,
and who, from the discovery of new and important matter or evidence which, after the exercise of due
diligence was not within his knowledge or could not be produced by him at the time when the decree was
passed or order made, or on account of some mistake or error apparent on the face of the record or for any
other sufficient reason, desires to obtain a review of the decree passed or order made against him, may
apply for a review of judgment to the Court which passed the decree or made the order.
1. Ins. by Act 24 of 1951, s. 2.
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(2) A party who is not appealing from a decree or order may apply for a review of judgment
notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is
common to the applicant and the appellant, or when, being respondent, he can present to the Appellate
Court the case on which he applied for the review.
1[Explanation.—The fact that the decision on a question of law on which the judgment of the Court is
based has been reversed or modified by the subsequent decision of a superior Court in any other case,
shall not be a ground for the review of such judgment.]
**2. [To whom applications for review may be made.]—Rep.** _by the Code of Civil Procedure_
(Amendment) Act, 1956 (66 of 1956) s. 14.
**3. Form of applications for review.—The** provisions as to the form of preferring appeals shall
apply, mutatis mutandis, to applications for review.
**4. Application where rejected.—(1) Where it appears to the Court that there is not sufficient ground**
for a review, it shall reject the application.
(2) **Application where granted.—Where** the Court is of opinion that the application for review
should be granted, it shall grant the same:
Provided that—
(a) no such application shall be granted without previous notice to the opposite party, to enable
him to appear and be heard in support of the decree or order, a review of which is applied for; and
(b) no such application shall be granted on the ground of discovery of new matter or evidence
which the applicant alleges was not within his knowledge, or could not be adduced by him when the
decree or order was passed or made, without strict proof of such allegation.
**5. Application for review in Court consisting of two or more Judges.—Where** the Judge or
Judges, or any one of the Judges, who passed the decree or made the order a review of which is applied
for, continues or continued attached to the Court at the time when the application for a review is
presented, and is not or not precluded by absence or other cause for a period of six months next after the
application from considering the decree or order to which the application refers, such Judge or Judges or
any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same.
**6.** **Application where rejected.—(1) Where the application for a review is heard by more than one**
Judge and the Court is equally divided, the application shall be rejected.
(2) Where there is a majority, the decision shall be according to the opinion of the majority.
**7. Order of rejection not appealable. Objections to order granting application.—[2][(1)** An order
of the Court rejecting the application shall not be appealable; but an order granting an application may be
objected to at once by an appeal from the order granting the application or in an appeal from the decree or
order finally passed or made in the suit.]
(2) Where the application has been rejected in consequence of the failure of the applicant to appear,
he may apply for an order to have the rejected application restored to the file, and, where it is proved to
the satisfaction of the Court that he was prevented by any sufficient cause from appearing which such
application was called on for hearing, the Court shall order it to be restored to the file upon such terms as
to costs or otherwise as it thinks fit, and shall appoint a day for hearing the same.
(3) No order shall be made under sub-rule (2) unless notice of the application has been served on the
opposite party.
**8.** **Registry of application granted, and order for re-hearings.—When** an application for review is
granted, a note thereof shall be made in the register and the Court may at once re-hear the case or make
such order in regard to the re-hearing as it thinks fit.
1. Ins. by Act 104 of 1976, s. 92 (w.e.f. 1-2-1977).
2. Subs. by Act 104 of 1976, s. 92, for sub-rule (1) (w.e.f. 1-2-1977).
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**9. Bar of certain application.—No** application to review an order made on an application for a
review or a decree or order passed or made on a review shall be entertained.
ORDER XLVIII
MISCELLANEOUS
**1. Process to be served at expense of party issuing.—(1) Every process issued under this Code shall**
be served at the expense of the party on whose behalf it is issued, unless the Court[-]otherwise directs.
(2) **Costs of service.—The** court-fee chargeable for such service shall be paid within a time to be
fixed-before the process is issued.
2. Orders and notices how served.—All orders, notices and other documents required by this Code to
be given to or served on any person shall be served in the manner provided for the service of summons.
**3. Use of forms in appendices.—The Forms given in the appendices, with such variation as the**
circumstances or each case may require, shall be used for the purposes therein mentioned.
ORDER XLIX
CHARTERED HIGH COURTS
**1. Who may serve processes of High Court.—Notice** to produce documents, summonses to
witnesses, and every other judical process, issued in the exercise of the original civil jurisdiction of the
High Court, and of its matrimonial, testamentary and intestate jurisdictions, except summonses to
defendants, writs of execution and notices to respondents may be served by the attorneys in the suits, or
by persons employed by them, or by such other persons as the High Court, by any rule or order, directs.
**2. Saving in respect of Chartered High Courts.—Nothing** in this Schedule shall be deemed to limit
or otherwise affect any rules in force at the commencement of this Code for the taking of evidence or the
recording of judgments and orders by a Chartered High Court.
**3.** **Application of rules.—The** following rules shall not apply to any Chartered High Court in the
exercise of its ordinary or extraordinary original civil jurisdiction, namely:—
(1) rule 10 and rule 11, clauses (b) and (c), of Order VII;
(2) rule 3 of Order X;
(3) rule 2 of Order XVI;
(4) rules 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 (so far as relates to the manner of taking evidence) of
Order XVIII;
(5) rule 1 to 8 of Order XX; and
(6) rule 7 of Order XXXIII (so far as relates to the making of a memorandum);
and rule 35 of Order XLI shall not apply to any such High Court in the exercise of its appellate
jurisdiction.
ORDER L
PROVINCIAL. SMALL CAUSE COURTS
**1. Provincial Small Cause Courts.—The** provisions hereinafter specified shall not extend to Court
constituted under the Provincial Small Cause Courts Act 1887 (9 of 1887) [1][or under the Berar Small
Cause Courts Law, 1905] or to Courts exercising the jurisdiction of a Court of Small Causes [2][under the
1. Ins. by Act 4 of 1941, s. 2, and the Third Sch.
2. Subs. by s. 2, and the Third Sch. ibid., for “under that Act”.
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said Act or Law] [1][or to Courts in [2][any part of India to which the said Act does not extend] exercising a
corresponding jurisdiction that is to say—
(a) so much of this Schedule as relates to—
(i) suits excepted from the cognizance of a Court of Small Causes or the execution of decrees
in such suits;
(ii) the execution of decrees against immovable property or the interest of a partner in
partnership property;
(iii) the settlement of issues; and
(b) the following rules and orders:—
Order II, rule 1 (frame of suit);
Order X, rule 3 (record of examination of parties);
Order XV, except so much of rule 4 as provides for the pronouncement at once of
judgment;
Order XVIII, rule 5 to 12 (evidence);
Order XLI, to XLV (appeals);
Order XLVII, rules 2, 3, 5, 6, 7 (review);
Order LI.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of the First Schedule.—In the** First Schedule to the said Code, in the Order L, in rule 1,
in clause (b) for the words and figures “Order XV, except so much of rule 4 as provides for the
pronouncement at once of judgment”, the words as figures “Order XV, except so much of rule 4 as
provides for the pronouncement at once of judgment and rule 5” shall be substituted.
[Vide Uttar Pradesh Act 19 of 1973, s. 3]
ORDER LI
PRESIDENCY SMALL CAUSE COURTS
**1. Presidency Small Cause Courts.—Save as provided in rules 22 and 23 of Order V, rules 4 and 7**
of Order XXI, and rule 4 of Order XXVI, and by the Presidency Small Cause Courts Act, 1882 (15 of
1882), this Schedule shall not extend to any suit or proceeding in any Court of Small Causes established
in the towns of Calcutta, Madras and Bombay.
1. Ins. by Act 2 of 1951, s. 18.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
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APPENDIX A
PLEADINGS
_(1) Titles of Suits_
IN THE COURT OF . ...............................................................................................
_A.B. (add description and residence)..................................................................................... Plaintiff_
_against_
_C.D. (add description and residence) .................................................................................... Defendant_
(2) Description of parties in particular Cases
1[The Union of India or the State of…………………….., as the case may be.]
__________________
The Advocate General of
The Collector of
The State of __________________
The A. B. Company, Limited having its registered office at
_A. B., a public officer of the C. D. Company._
____________________
_A. B. (add description and residence), on behalf of himself and all other creditors of C. D. late of_
_(add description and residence)_
___________________
_A. B. (add description and residence),_ on behalf of himself and all other holders of debentures
issued by the Company limited.
___________________
The Official Receiver.
_A. B._ a minor _(add description and residence),by_ _C. D._ [or by the Court of Wards], his next
friend.
_A. B. (add description and residence),_ a person of unsound mind [or of weak
mind], by. C. D. his next friend.
_A. B. a firm carrying on business in partnership at_
_A. (add description and residence),_ by his constituted attorney _C. D. (add description and_
_residence)._
_A. B. (add description and residence), Shebait of Thakur._
_A. B. (add description and residence), executor of C. D. deceased._
_A. B. (add description and residence),_ heir of C. D. deceased.
1. Subs. by the A. O. 1950, for “The Secretary of State or the Federation of India or the Province of……………., as the case may
be”.
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_(3) Plaints_
**No. 1**
MONEY LENT
(Title)
_A. B., the above named plaintiff, states as follows:—_
1. On the………………………………day of………..20……………., he lent the defendant
……..rupees repayable on the………………………day of…………………………………..
2. The defendant has not paid the same, except…………..rupees paid on the……….day
of…………20…………..
[If the plaintiff claims exemption from any law of limitation, say:—]
3. The plaintiff was a minor [or insane] from the…………………..day of…………………… till
the…………….day of………………….. .
4. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
5. The Value of the subject-matter of the suit for the purpose of jurisdiction is …….rupees and for
the purpose of court-fees is………….rupees.
6. The plaintiff claims…………rupees, with interest at………………per cent. from the……day of
………….20………….
**No. 2**
MONEY OVERPAID
(Title)
_A. B., the above named plaintiff, states as follows:—_
1. On the………………day of………….…20……, the plaintiff agreed to buy and the defendant
agreed to sell…………..bars of silver at…………annas per tola of fine silver.
2. The plaintiff procured the said bars to be assayed by E.F, who was paid by the defendant for such
assay, and E.F declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff accordingly
the defendant…………. rupees.
3. Each of the said bars contained only 1,200 tolas of fine silver, of which fact the plaintiff was
ignorant when he made the payment.
4. The defendant has not repaid the sum so overpaid.
[As in paras 4 and 5 of Form No. 1, and Relief claimed.]
**No. 3**
GOODS SOLD AT A FIXED PRICE AND DELIVERED
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the………………day of…………20……., _E. F._ sold and delivered to the defendant [one
hundred barrels of flour, or the goods mentioned in the schedule hereto annexed. or sundry goods.]
2. The defendant promised to pay………….. rupees for the said goods on delivery [or on the………
day of………….some day before the plaint was filed].
3. He has not paid the same.
4. _E. F._ died on the……………day of.....20………By his last will he appointed his brother, the
plaintiff, his executor.
[As in paras 4 and 5 of Form No. 1,]
7. The plaintiff as executor of E.F. claims [Relief Claimed].
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**No. 4**
GOODS SOLD AT A REASONABLE PRICE AND DELIVERED
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the…………..day of…………..……20………, plaintiff sold and delivered to the defendant
[sundry articles of house-furniture], but no express agreement was made as to the price.
2. The goods were reasonably worth …………..rupees.
3. The defendant has not paid the money.
[As in paras 4 and 5 of Form No. 1, and relief claimed]
**No. 5**
GOODS MADE AT DEPENDANT’S REQUEST, AND NOT ACCEPTED
(Title)
_A. B., the above named plaintiff, states as follows:—_
1. On the………….day of………….…20……….., _E.F._ agreed with the plaintiff that the
plaintiff should make for him [six tables and fifty chairs] and that _E.F should pay for the goods on_
delivery………. rupees.
2. The plaintiff made the goods, and on the…………….day of……………20………., offered to
deliver them to E.F., and has ever since been ready and willing so to do.
3. E.F. has not accepted the goods or paid for them.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
**No. 6**
DEFICIENCY UPON A RE-SALE [GOODS SOLD AT AUCTION]
(Title)
_A. B., the above named plaintiff, states as follows:—_
1. On the………….day of………….…20……….., the plaintiff put up at auction sundry [goods],
subject to the condition that all goods not paid for and removed by the purchaser within [ten days] after
the sale should be re-sold by auction on his account, of which condition the defendant had notice.
2. The defendant purchased [one crate of crockery] at the auction at the price of…… rupees.
3. The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and
for [ten days] after.
4. The defenant did not take away the goods purchased by him, nor pay for them within [ten days]
after the sale, nor afterwards.
5. On the……………day of…………20……, the plaintiff re-sold the [crate of crockery],
on account of the defendant, by public auction, for………..rupees.
6. The expenses attendant upon such re-sale amounted to……..rupees.
7. The defendant has not paid the deficiency thus arising, amounting to rupees.
[As in paras 4 and 5 of Form No. I, and Relief claimed.]
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**No. 7**
SERVICES AT A REASONABLE RATE
(Title)
_A. B., the above named plaintiff, states as follows:—_
1. Between the……………. day of…………….……20………., and the……… day of…………
……20……at……………, plaintiff [executed sundry drawings, designs and diagrams] for the defendant,
at his request; but no express agreement was made as to the sum to be paid for such services.
2. The services were reasonably worth………rupees.
3. The defendant has not paid the money.
[As in paras 4 and 5 of Form No. 1, and Relief claimed.]
**No. 8**
SERVICES AND MATERIALS AT A REASONABLE COST
(Title)
_A. B., the above named plaintiff, states as follows:—_
1. On the……………day of……………..…20………, at……………. the plaintiff built a house
[known as No. ………………, in…..], and furnished the materials therefor, for the defendant, at his
request, but no express agreement was made as to the amount to be paid for such work and materials.
2. The work done and materials supplied were reasonably worth…… rupees.
3. The defendant has not paid the money.
[As in paras 4 and 5 of Form No. 1, and Relief claimed.]
**No. 9**
USE AND OCCUPATION
(Title)
_A. B., the above-named plaintiff, executor of the will of X. Y., deceased, states as follows:—_
1. That the defendant occupied the [house No……....,……....…..Street], by permission of the said
_X.Y, from the…….day of………………..…20…............., until the day of……………20.…., and no_
agreement was made as to payment for the use of the said premises.
2. That the use of the said premises for the said period was reasonably worth rupees.
3. The defendant has not paid the money.
[As in paras 4 and 5 of Form No. I.]
4. The plaintiff as executor of X Y, claims [relief claimed].
**No. 10**
ON AN AWARD
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the…….day of……….…20…, the plaintiff and defendant, having a difference between
them concerning [a demand of the plaintiff for the price of ten barrels of oil which the defendant refused
to pay]; agreed in writing to submit the difference to the arbitration of _E. F and_ _G. H. and the original_
document is annexed hereto.
2. On the…………. ….day of……………………20….., the arbitrators awarded that the defendant
should [pay the plaintiff rupees].
3. The defendant has not paid the money.
[As in paras 4 and 5 of Form No. 1 and relief claimed.]
235
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**No. 11**
ON A FOREIGN JUDGMENT
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the…………day of…………20……., at…….in the State [or Kingdom] of….., the…..
Court of that State [or Kingdom,] in a suit therein pending between the plaintiff and the defendant, duly
adjudged that the defendant should pay to the plaintiff…………………………rupees, with interest from
the said date.
2. The defendant has not paid the money.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
**No. 12**
AGAINST SURETY FOR PAYMENT OF RENT
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the………..day of……………20..., E. F. hired from the plaintiff for the term of……..years, the
[house No……………., ………………street], at the annual rent of………rupees, payable [monthly].
2. The defendant agreed, in consideration of the letting of the premises to _E.F,_ to gurantee the
punctual payment of the rent.
3. The rent for the month of ……….20……….., amounting to………………………..rupees, has not
been paid.
[If, by the terms of the agreement, notice is required to be given to the surety, add:—]
4. On the………………….day of………….. 19…….., the plaintiff gave notice to the defendant of the
non-payment of the rent, and demanded payment thereof.
5. The defendant has not paid the same.
[As in paras. 4 and 5 of Form No. I, and relief claimed.]
**No. 13**
BREACH OF AGREEMENT TO PURCHASE LAND
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the…………….day of………20…..., the plaintiff and defendant entered into an agreement, and
the Original document is hereto annexed.
[Or, on the…………day of………………20…….., the plaintiff and defendant mutually agreed that
the plaintiff should sell to the defendant and that the defendant should purchase from the plaintiff forty bighas
of land in the village of……….for……. rupees.]
2. On the…………. day of………….……20..….., the plaintiff, being then the absolute owner of the
property [and the same being free from all incumbrances, as was made to appear to the defendant], tendered to
the defendant a sufficient instrument of transfer of the same [or, was ready and willing, and is still ready and
willing, and offered, to transfer the same to the defendant by a sufficient instrument] on the payment by the
defendant of the money agreed upon.
3. The defendant has not paid the money.
[As in paras. 4 and 5 of Form No. I, and relief claimed.]
236
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**No. 14**
NOT DELIVERING GOODS SOLD
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the……………day of…………20….., the plaintiff and defendant mutually agreed that the
defendant should deliver [one hundred barrels of flour] to the plaintiff on the…………..day
of……........…20..…..., and that the plaintiff should pay there for…….. rupees on delivery.
2. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum
upon delivery of the goods.
3. The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which
would have accrued to him from such delivery.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
**No. 15**
WRONGFUL DISMISSAL
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the……………day of…………20...….., the plaintiff and defendant mutually agreed that the
plaintiff should serve the defendant as [an accountant, or in the capacity of foreman, or as the case may
_be], and that the defendant should employ the plaintiff as such for the term of [one year] and pay him for_
his services………rupees [monthly].
2. On the………….. day of……….……20..…..., the plaintiff entered upon the service of the defendant
and has ever since been, and still is, ready and willing to continue in such service during the remainder of
the said year whereof the defendant always has had notice.
3. On the…….day of………..……20...….., the defendant wrongfully discharged the plaintiff, and
refused to permit him to serve as aforesaid, or to pay him for his services.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
**No. 16**
BREACH OF CONTRACT TO SERVE
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the………day of……….……20……, the plaintiff and defendant mutually agreed that the
plaintiff should employ the defendant at as [annual] salary of…..rupees, and that the defendant should
serve the plaintiff as [an artist] for the term of [one year].
2. The plaintiff has always been ready and willing to perform his part of the agreement [and on the day
of…….…….20…..…., offered so to do].
3. The defendant (entered upon) the service of the plaintiff on the above-mentioned day, but afterwards,
on the……….day of……….……20..……, he refused to serve the plaintiff as aforesaid.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
237
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**No. 17**
AGAINST A BUILDER FOR DEFECTIVE WORKMANSHIP
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the………….day of……….……20….., the plaintiff and defendant entered into an agreement,
and the original document is hereto annexed. [Or state the tenor of the contract.]
[2. The plaintiff duly performed all the conditions of the agreement on his part.]
3. The defendant [built the house referred to in the agreement in a bad and unworkman like manner].
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
**No. 18**
ON A BOND FOR THE FIDELITY OF A CLERK
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the………day of……..……20…........., the plaintiff took E.F. into his employment as a clerk.
2. In consideration thereof, on the………day of…….……20………, the defendant agreed with plaintiff
that if E.F. should not faithfully perform his duties as a clerk to the plaintiff, or should fail to account to the
plaintiff for all monies, evidences of debt or other property received by him for the use of the plaintiff, the
defendant would pay to the plaintiff whatever loss he might sustain by reason thereof, not
exceeding…rupees.
[Or, 2. In consideration thereof, the defendant by his bond of the same date bound himself to pay the
plaintiff the penal sum of………rupees, subjects to the condition that if _E.F._ should faithfully
perform his duties as clerk and cashier to the plaintiff and should justly account to the plaintiff for all
monies, evidences of debt or other property which should be at any time held by him in trust for the
plaintiff, the bond should be void.]
[Or 2. In consideration thereof, on the same date the defendant executed a bond in favour of the
plaintiff, and the original document is hereto annexed.]
3. Between the………..day of………..…20...….., and the…………………..day of ………20......,
_E.F._ received money and other property, amounting to the value of……….rupees, for the use of the
plaintiff, for which sum he has not accounted to him, and the same still remains due and unpaid.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
**No. 19**
BY TENANT AGAINST LANDLORD, WITH SPECIAL DAMAGE
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the……day of………20..…., the defendant, by a registered instrument, let to the plaintiff [the
house No……..Street] for the term of……..years, contracting with the plaintiff, that he,
the plaintiff, and his legal representatives should quietly enjoy possession thereof for the said term.
2. All conditions were fulfilled and all things happened necessary to entitle the plaintiff to maintain
this suit.
3. On the…………day of………….20...…., during the said term, E.F. who was the lawful owner of
the said house, lawfully evicted the plaintiff therefrom, and still withholds the possession thereof from
him.
4. The plaintiff was thereby [prevented from continuing the business of a tailor at the said place, was
compelled to expend……..rupees in moving, and lost the custom of G.H. and I.J by such removal].
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
238
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**No. 20**
ON AN AGREEMENT OF INDEMNITY
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the..............day of.......................20.….., the plaintiff and defendant, being partners in trade
under the style of A. B. and C.D., dissolved the partnership, and mutually agreed that the defendant
should take and keep all the partnership property, pay all debts of the firm and indemnify the plaintiff
against all claims that might be made upon him on account of any indebtedness of the firm.
2. The plaintiff duly performed all the conditions of the agreement on his part.
3. On the.............. day of.....................20....….., [a judgment was recovered against the plaintiff
and defendant by E.F., in the High Court of Judicature at......., upon a debt due from the firm to E.F.,
and on the day of.................20.….,] the plaintiff paid.........rupees [in satisfaction of the same].
4. The defendant has not paid the same to the plaintiff.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
**No. 21**
PROCURING PROPERTY BY FRAUD
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the ............... day of ........... .......20.…., the defendant, for the purpose of inducing the
plaintiff to sell him certain goods, represented to the plaintiff that [he, the defendant, was solvent, and
worth............rupees over all his liabilities].
2. The plaintiff was thereby induced to sell [and deliver] to the defendant, [dry goods] of the
value of ........................ rupees.
3. The said representations were false [or state the particular falsehoods] and were then known
by the defendant to be so.
4. The defendant has not paid for the goods, [Or, if the goods were not delivered.] The
plaintiff, in preparing and shipping the goods and procuring their restoration,
expended..............rupees.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
**No. 22**
FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the..........day of.................20.....…., the defendant, represented to the plaintiff that _E.F.,_ was
solvent and in good credit, and worth................rupees over all his liabilities [or that _E.F,_ then held a
responsible
situation and was in good circumstances, and might safely be trusted with goods on credit].
2. The plaintiff was thereby induced to sell to E.F., (rice) of the value of........ rupees [on.........months
credit].
3. The said representations were false and were then known by the defendant to be so, and were made
by him with intent to deceive and defraud the plaintiff [or to deceive and injure the plaintiff].
4. E.F, [did not pay for the said goods at the expiration of the credit aforesaid, or] has not paid for the
said rice, and the plaintiff has wholly lost the same.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
239
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**No. 23**
POLLUTING THE WATER UNDER THE PLAINTIFF'S LAND
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands
called..........and situate in...........and of a well therein, and of water in the well, and was entitled to the
use and benefit of the well and of the water therein, and to have certain springs and streams of water
which flowed and ran into the well to supply the same to flow or run without being fouled or polluted.
2. On the........... day of ............20.........., the defendant wrongfully fouled and polluted the
well and the water therein and the springs and streams of water which flowed into the well.
3. In consequence the water in the well became impure and unfit for domestic and other necessary
purposes, and the plaintiff and his family are deprived of the use and benefit of the well and water.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
**No. 24**
CARRYING ON A NOXIOUS MANUFACTURE
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands
called..........situate in...................
2. Ever since the.................. day of....................20....., the defendant has wrongfully caused to
issue from certain smelting works carried on by the defendant large quantities of offensive and
unwholesome smoke and other vapours and noxious matter, which spread themselves over and upon
the said lands, and corrupted the air, and settled on the surface of the lands.
3. Thereby the trees, hedges, herbage and crops of the plaintiff growing on the lands were
damaged and deteriorated in value, and the cattle and live-stocks of the plaintiff on the lands became
unhealthy, and many of them were poisoned and died.
4. The plaintiff was unable to graze the lands with cattle and sheep as he otherwise might have
done, and was obliged to remove his cattle, sheep and farming stock therefrom, and has been
prevented from having so beneficial and healthy a use and occupation of the lands as he otherwise
would have had.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
**No. 25**
OBSTRUCTING A RIGHT OF WAY
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the
village of ................ ].
2. He was entitled to a right of way from the [house] over a certain field to a public highway and
back again from the highway over the field to the house, for himself and his servants [with vehicles,
or on foot] at all times of the year.
3. On the................day of.......................20.........., defendant wrongfully obstructed the said way,
so that the plaintiff could not pass [with vehicles, or on foot, or in any manner] along the way [and
has ever since wrongfully obstructed the same].
4. (State special damage, if any).
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
240
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**No. 26**
OBSTRUCTING A HIGHWAY
(Title)
1. The defendant wrongfully dug a trench and heaped up earth and stones in the public highway
leading from.................. to......... so as to obstruct it.
2. Thereby the plaintiff, while lawfully passing along the said highway, fell over the said earth and
stones, [or into the said trench] and broke his arm, and suffered great pain, and was prevented from
attending to his business for a long time, and incurred expense for medical attendance.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
**No. 27**
DIVERTING A WATER-COURSE
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. The plaintiff is, and at the time hereinafter mentioned was, possessed of a mill situated on a
[stream] known as the........., in the village of..........., district of..........
2. By reason of such possession the plaintiff was entitled to the flow of the stream for working
the mill.
3. On the....................... day of................20......, the defendant, by cutting the bank of the stream,
wrongfully diverted the water thereof, so that less water ran into the plaintiff’s mill.
4. By reason thereof the plaintiff has been unable to grind more than....... sacks per day, whereas,
before the said diversion of water, he was able to grind......sacks per day.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
**No. 28**
OBSTRUCTING A RIGHT TO USE WATER FOR IRRIGATION
_(Title)_
A. B., the above-named plaintiff, states as follows:—
1. The plaintiff is, and was at the times hereinafter mentioned was, possessed of certain lands
situate, etc., and entitled to take and use a portion of the water of a certain stream for irrigating the
said lands.
2. On the.................day of.......................20.........., the defendant prevented the plaintiff from
taking and using the said portion of the said water as aforesaid, by wrongfully obstructing and
diverting the said stream.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
**No. 29**
INJURIES CAUSED BY NEGLIGENCE ON A RAILROAD
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the ............ day of.............20........., the defendants were common carriers of passengers by
railway between ....... ...... and ...................
2. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said
railway.
3. While he was such passenger, at............... [or near the station of................. or between the
stations of ................... and .................. ], a collision occurred on the said railway caused by the negligence and
unskilfulness of the defendants’ servants, whereby the plaintiff was much injured [having his leg broken, his
head cut, etc., _and state the special damage, if any, as],_ and incurred expense for medical attendance and is
permanently disabled from carrying on his former business as [a salesman].
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
241
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[Or thus:—2. On that day the defendants by their servants so negligently and unskillfully drove and
managed an engine and a train of carriages attached thereto upon and along the defendant’s railway which
the plaintiff was then lawfully crossing that the said engine and train were driven and struck against the
plaintiff, whereby, etc., as in para. 3].
**No. 30**
INJURIES CAUSED IN NEGLIGENT DRIVING
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. The plaintiff is a shoemaker, carrying on business at **…………the defendant is a merchant**
of …………………….
2. On the …………. day of …………………20………, the plaintiff was walking southward along
Chowringhee, in the City of Calcutta, at about 3 o’clock in the afternoon. He was obliged to cross
Middleton Street, which is a street running into Chowringhee at right angles. While he was crossing this
street, and just before he could reach the foot pavement on the further side thereof, a carriage of the
defendant's, drawn by two horses under the charge and control of the defendant's servants, was
negligently, suddenly and without any warning turned at a rapid and dangerous pace out of Middleton
Street into Chowringhee. The pole of the carriage struck the plaintiff and knocked him down, and he was
much trampled by the horses.
3. By the blow and fall and trampling the plaintiff’s left arm was broken and he was bruised and
injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four
months ill and in suffering, and unable to attend to his business, and incurred heavy medical and other
expenses, and sustained great loss of business and profits.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
**No. 31**
FOR MALICIOUS PROSECUTION
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the ………….. day of ………………..…20.....……, the defendant obtained a warrant of arrest
from …….…… [a Magistrate of the said city, _or as the case may be]_ on a charge of …….…, and the
plaintiff was arrested thereon, and imprisoned for ……………. [days, or hours, and gave bail in the sum
of …………… rupees to obtain his release].
2. In so doing the defendant acted maliciously and without reasonable or probable cause.
3. On the …………….. day of ……………….20……., the Magistrate dismissed the complaint of the
defendant and acquitted the plaintiff.
4. Many persons, whose names are unknown to the plaintiff, hearing of the arrest, and supposing the
plaintiff to be a criminal, have ceased to do business with him; _or in consequence of the said arrest, the_
plaintiff lost his situation as clerk to one E.F.; or in consequence the plaintiff suffered pain of body and
mind, and was prevented transacting his business, and was injured in his credit, and incurred expense in
obtaining his release from the said imprisonment and in defending himself against the said complaint.
[As in paras. 4 and 5 of Form No. 1, and relief claimed].
242
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**No. 32**
MOVABLES WRONGFULLY DETAINED
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the …………….. day of ……………20…...…, plaintiff owned [or state facts showing a right
_to the possession]_ the goods mentioned in the schedule hereto annexed [or describe the goods,] the
estimated value of which is ………………. rupees.
2. From that day until the commencement of this suit the defendant has detained the same from
the plaintiff
3. Before the commencement of the suit, to wit, on the …………….. day of……….20 ……….., the
plaintiff demanded the same from the defendant, but he refused to deliver them.
[As in Paras 4 and 5 of Form No. 1.]
6. The plaintiff claims—
(1) delivery of the said goods, or ........... rupees, in case delivery cannot be had;
(2) .................rupees compensation for the detention thereof.
**No. 33**
AGAINST A FRAUDULENT PURCHARER AND HIS TRANSFEREE WITH NOTICE
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the …………... day of ….……..……20……., the defendant C.D., for the purpose of including
the plaintiff to sell him certain goods, represented to the plaintiff that [he was solvent, and worth ………
rupees over all his liabilities].
2. The plaintiff was thereby induced to sell and deliver to _C.D._ [one hundred boxes of tea], the
estimated value of which is ……………… rupees.
3. The said representations were false, and were then known by _C.D._ to be so [or at the time of
making the said representations, C.D. was insolvent, and knew himself to be so].
_4. C.D. afterwards transferred the said goods to the defendant E.F. without consideration [or who had_
notice of the falsity of the representation].
_5. [Facts showing when the cause of action arose and that the Court has jurisdiction._ ]
6. The value of the subject-matter of the suit for the purpose of jurisdiction is ………….. rupees and
for the purpose of court-fees is ………….. rupees.
7. The plaintiff claims—
(1) delivery of the said goods, or ………………. rupees, in case delivery cannot be had;
(2) ……………….. rupees compensation for the detention thereof.
**No. 34**
RESCISSION OF A CONTRACT ON THE GROUND OF MISTAKE
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the ……………. day of ………………………20……….., the defendant represented to the
plaintiff that a certain piece of ground belonging to the defendant, situated at ……………., contained [ten
bighas].
2. The plaintiff was thereby induced to purchase the same at the price of ……………….rupees in the
belief that the said representation was true, and signed an agreement, of which the original is hereto
annexed. But the land has not been transferred to him.
3. On the …………….. day of ………………………20………, the plaintiff paid the defendant
rupees as part of the purchase money.
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4. That the said piece of ground contained in fact only [five bighas].
_5. [Facts showing when the cause of action arose and that the Court has jurisdiction.]_
6. The value of the subject-matter of the suit for the purpose of jurisdiction is............. rupees and for
the purpose of court-fees is...................rupees.
7. The plaintiff claims—
(1) .............. rupees, with interest from the ............. day of............... 20.......... .
(2) that the said agreement be delivered up and cancelled.
**No. 35**
AN INJUNCTION RESTRAINING WASTE
_(Title)_
_A. B., the above-named plaintiff states as follows:—_
1. The plaintiff is the absolute owner of [describe the property].
2. The defendant is in possession of the same under a lease from the plaintiff.
3. The defendant has [cut down a number of valuable trees, and threatens to cut down many more for the
purpose of sale] without the consent of the plaintiff.
4. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
5. The value of the subject-matter of the suit for the purpose of jurisdiction is.......... rupees and for the
purpose of court-fees is........... rupees.
6. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any
further waste on the said premises.
[Pecuniary compensation may also be claimed.]
**No. 36**
INJUNCTION RESTRAINING NUISANCE
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of [the house
No.....................Street, Calcutta].
2. The defendant is, and at all the said times was, the absolute owner of [a plot of ground in the same
street................].
3. On the ................ day of...............20.........., the defendant erected upon his said plot a slaughter
house, and still maintains the same; and from that day until the present time has continually caused cattle to
be brought and killed there [and has caused the blood and offal to be thrown into the street opposite the said
house of the plaintiff].
[4. In consequence the plaintiff has been compelled to abandon the said house, and has been unable to
rent the same.]
5. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
6. The value of the subject-matter of the suit for the purpose of jurisdiction is rupees and for the
purpose of court-fees is...........rupees.
7. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any
further nuisance.
**No. 37**
PUBLIC NUISANCE
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. The defendant has wrongly heaped up earth and stones on a public road known as...............Street
at...........so as to obstruct the passage of the public along the same and threatens and intends, unless
restrained from so doing, to continue and repeat the said wrongful act.
1[*2. The plaintiff has obtained the leave of the Court for the institution of this suit.]
1. Subs. by Act 104 of 1976, s. 93, for paragraph 2 (w.e.f. 1-2-1977).
*Not applicable where suit is instituted by the Advocate-General.
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[As in paras. 4 and 5 of Form No. 1]
5. The plaintiff claims—
(1) a declaration that the defendant is not entitled to obstruct the passage of the public along the
said road;
(2) an injunction restraining the defendant from obstructing the passage of the public along the
said public road and directing the defendant to remove the earth and stones wrongfully heaped up as
aforesaid.
**No. 38**
INJUNCTION AGAINST THE DIVERSION OF A WATER-COURSE
_(Title)_
_A. B., the above-named plaintiff, states as follows:—_
[As in form No. 27.]
The plaintiff claims that the defendant be restrained by injunction from diverting the water as aforesaid.
**No. 39**
RESTORATION OF MOVABLE PROPERTY THREATENED WITH DESTRUCTION AND FOR AN INJUNCTION
_(Title)_
_A. B., the above-named plaintiff, states as follows:—_
1. Plaintiff is, and at all times hereinafter mentioned was, the owner of [a portrait of his grandfather
which was executed by an eminent painter], and of which no duplicate exists [or state any facts
_showing that the property is of a kind that cannot be replaced by money]._
2. On the.............. day of...............20......, he deposited the same for the safe-keeping with the
defendant.
3. On the............... day of...............20......, he demanded the same from the defendant and offered
to pay all reasonable charges for the storage of the same.
4. The defendant refuses to deliver the same to the plaintiff and threatens to conceal, dispose of, cut
or injure the same if required to deliver it up.
5. No pecuniary compensation would be an adequate compensation to the plaintiff for the loss of the
[painting].
[As in paras. 4 and 5 of Form No. 1. ]
8. The plaintiff claims—
(1) that the defendant be restrained by injunction from disposing of, injuring or concealing the
said [painting],
(2) that he be compelled to deliver the same to the plaintiff.
**No. 40**
INTERPLEADER
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. Before the date of the claims hereinafter mentioned G.H. deposited with the plaintiff [describe the
property] for [safe-keeping].
2. The defendant C.D. claims the same [under an alleged assignment thereof to him from G.H.].
3. defendant E. F. also claims the same [under an order of G.H. transferring the same to him.]
4. The plaintiff is ignorant of the respective rights of the defendants.
5. He has no claim upon the said property other than for charges and costs, and is ready and willing to
deliver it to such persons as the Court shall direct.
-----
6. The suit is not brought by collusion with either of the defendants.
[As in paras. 4 and 5 of Form No. 1.]
9. The plaintiff claims—
(1) that the defendants be restrained, by injunction, from taking any proceedings against the
plaintiff in relation thereto;
(2) that they be required to interplead together concerning their claims to the said property;
[(3) that some person be authorised to receive the said property pending such litigation;]
(4) that upon delivering the same to such [person] the plaintiff be discharged from all liability to
either of the defendants in relation thereto.
**No. 41**
ADMINISTRATION BY CREDITOR ON BEHALF OF HIMSELF AND ALL OTHER CREDITORS
_(Title)_
_A. B., the above-named plaintiff, states as follows:—_
_1. E.F. late of................., was at the time of his death, and his estate still is, indebted to the_
plaintiff in the sum of....................... [here insert nature of debt and security, if any].
_2. E.F. died on or about the........................... day of.......................By his last will, dated the..........._
day of.............he appointed C.D. his executor [or devised his estate in trust, etc., or died intestate, as
_the case may be]._
3. The will was proved by C.D. [or letters of administration were granted, etc.].
4. The defendant has possessed himself of the movable [and immovable], or the proceeds of the
immovable property of E.F. and has not paid the plaintiff his debt.
[As in paras. 4 and 5 of Form No. 1.]
7. The plaintiff claims that an account may be taken of the movable [and immovable] property of
_E.F., deceased, and that the same may be administered under the decree of the Court._
**No. 42**
ADMINISTRATION BY SPECIFIC LEGATEE
(Title)
[Alter Form No. 41 thus]
[Omit paragraph 1 and commence paragraph 2] E.F. late of ....., died on or about the..........................
day of ...................... By his last will, dated the ................... day of........ he appointed C.D., his executor,
and bequeathed to the plaintiff [here state the specific legacy].
_For paragraph 4 substitute—_
The defendant is in possession of the movable property of E.F., and, amongst other things, of the
said [here name the subject of the specific bequest].
_For the commencement of paragraph 7 substitute—_
The plaintiff claims that the defendant may be ordered to deliver to him the said [here name the
_subject of the specific bequest], or that, etc._
-----
**No. 43**
ADMINISTRATION BY PECUNIARY LEGATEE
_(Title)_
[Alter Form No. 41 thus]
[Omit paragraph 1 and substitute for paragraph 2] E.F, late of.......... ........................, died on or about
the .............. day of ............................................... By his last will, dated the...........................................day
of...................... he appointed C.D. his executor, and bequeathed to the plaintiff a legacy of............
rupees.
_In paragraph 4 substitute “legacy” for “debt”_
_Another form_
(Title)
_E. F, the above-named plaintiff, states as follows:—_
1. A. B. of K. in the…………………died on the……………. Day of….………….……by his last will,
dated the........... day of..............., he appointed the defendant and M.N. [who died in the testator’s lifetime]
his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to
pay the rents and income thereof to the plaintiff for his life; and after his decease, and in default of his
having a son who should attain twenty-one, or a daughter who should attain that age or marry, upon trust
as to his immovable property for the person who would be the testator's heir-at-law, and as to his movable
property for the persons who would be the testator’s next-of-kin if he had died intestate at the time of the
death of the plaintiff and such failure of his issue as aforesaid.
2. The will was proved by the defendant on the...............................day of........................The plaintiff
has not been married.
3. The testator was at his death entitled to movable and immovable property; the defendant entered
into the receipt of the rents of the immovable property and got in the movable property; he has sold some
part of the immovable property.
[As in paras. 4 and 5 of Form No. 1.]
6. The plaintiff claims—
(1) to have a movable and immovable property of _A. B._ administered in this Court, and for that
purpose to have all proper directions given and accounts taken;
(2) such further or other relief as the nature of the case may require.
**No. 44**
EXECUTION OF TRUSTS
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. He is one of the trustees under an instrument of settlement bearing date on or about
the.................day of............................. made upon the marriage of E.E. and G.H., the father and mother
of the defendant [or an instrument of transfer of the estate and effects of E.F. for the benefit of C.D., the
defendant, and the other creditors of E.F.].
_2. A.B. has taken upon himself the burden of the said trust, and is in possession of [or of the proceeds_
of] the movable and immovable property transferred by the said instrument.
3. C.D. claims to be entitled to a beneficial interest under the instrument.
[As in paras. 4 and 5 of Form No. 1.]
-----
6. The plaintiff is desirous to account for all the rents and profits of the said immovable property [and
the proceeds of the sale of the said, or of part of the said, immovable property, or movable, or the proceeds
of the sale of, or of part of, the said movable property, or the profits occurring to the plaintiff as such trustee
in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and
also that the whole of the said trust estate may be administered in the Court for the benefit of _C.D.,_ the
defendant, and all other persons who may be interested in such administration, in the presence of C.D. and
such other persons so interested as the Court may direct, or that C.D. may show good cause to the contrary.
[N.B.—Where the suit is by a beneficiary, the plaint may be modelled mutatis mutandis on the plaint
_by a legatee.]_
**No. 45**
FORECLOSURE OR SALE
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. The plaintiff is mortgagee of lands belonging to the defendant.
2. The following are the particulars of the mortgage:—
(a) (date);
(b) (names of mortgagor and mortgagee);
(c) (sum secured);
(d) (rate of interest);
(e) (Property subject to mortgage);
(f) (amount now due);
(g) (if the plaintiff's title is derivative, state shortly the transfers or devolution under
_which he claims)._
_(If the plaintiff is mortgagee in possession add)._
3. The plaintiff took possession of the mortgaged property on the .........day of........................ and is
ready to account as mortgagee in possession from that time.
[As in paras. 4 and 5 of Form No. 11
6. The plaintiff claims—
(1) payment, or in default [sale or] foreclosure [and possession];
[Where Order 34, rule 6, applies.]
(2) in case the proceeds of the sale are found to be insufficient to pay the amount due to the
plaintiff then that liberty be reserved to the plaintiff to apply for [1][an order for the balance].
**No. 46**
REDEMPTION
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. The plaintiff is mortgagor of lands of which the defendant is mortgagee.
2. The following are the particulars of the mortgage:—
(a) (date);
(b) (names of mortgagor and mortgagee);
(c) (sum secured);
(d) (rate of interest);
1. Subs. by Act 104 of 1976 s. 93, for “a decree for the balance” (w.e.f. 1-2-1977).
-----
(e) (property subject to mortgage);
(f) (If _the plaintiff’s title is derivative, state shortly the transfers or devolution under which he_
_claims)._
(If the defendant is mortgagee in possession, add)
3. The defendant has taken possession [or has received the rents] of the mortgaged property.
[As in paras. 4 and 5 of Form No. 1.]
6. The plaintiff claims to redeem the said property and to have the same reconveyed to him [and
to have possession thereof]. [1][together with mesne profits].
**No. 47**
SPECIFIC PERFORMANCE (No. 1)
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. By an agreement dated the........... day of................ and signed by the defendant, he contracted to
buy of [or sell to] the plaintiff certain immovable property therein described and deferred to, for the sum
of........................ rupees.
2. The plaintiff has applied to the defendant specifically to perform the agreement on his part, but the
defendant has not done so.
3. The plaintiff has been and still is ready and willing specifically to perform the agreement on his
part of which the defendant has had notice.
[As in paras. 4 and 5 of Form No. 1.]
6. The plaintiff claims that the Court will order the defendant specifically to perform the agreement
and to do all acts necessary to put the plaintiff in full possession of the said property [or to accept a
transfer and possession of the said property] and to pay the costs of the suit.
**No. 48**
SPECIFIC PERFORMANCE (No. 2)
(Title)
_A. B., the above-named plaintiff, states as follows:—_
1. On the..............day of..............20............, the plaintiff and defendant entered into an agreement, in
writing, and the original document is hereto annexed.
The defendant was absolutely entitled to the immovable property described in the agreement.
2. On the...........day of...............20............, the plaintiff tendered rupees to the defendant, and
demanded a transfer of the said property by a sufficient instrument.
3. On the..........day of..................20.........., the plaintiff again demanded such transfer. [Or the
defendant refused to transfer the same to the plaintiff.]
4. The defendant has not executed any instrument of transfer.
5. The plaintiff is still ready and willing to pay the purchase-money of the said property to the
defendant.
[As in paras. 4 and 5 of Form No. 1.]
8. The plaintiff claims—
(1) that the defendant transfers the said property to the plaintiff by a sufficient instrument
[following the terms of the agreement];
(2)……………. rupees compensation for withholding the same.
1. Ins. by Act 104 of 1976, s. 93 (w.e.f. 1-2-1977).
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**No. 49**
PARTNERSHIP
(Title)
_A.B., the above-named plaintiff, states as follows:—_
1. He and C.D., the defendant, have been for......................years [or months] past carrying on business
together under articles of partnership in writing [or under a deed, or under a verbal agreement].
2. Several disputes and differences have arisen between the plaintiff and defendant as such partners whereby
it has become impossible to carry on the business in partnership with advantage to the partners, [Or the defendant
has committed the following breaches of the partnership articles:—
(1)
(2)
(3) .]
[As in paras. 4 and 5 of Form No. 1.]
5. The plaintiff claims—
(1) dissolution of the partnership;
(2) that accounts be taken;
(3) that a receiver be appointed.
(N.B.—In suits for the winding-up of any partnership, omit the claim for dissolution; and instead insert a
_paragraph stating the facts of the partnership having been dissolved)._
(4) WRITTEN STATEMENTS
_General Defences_
**Denial—The defendant denies that (set out facts).**
The defendant does not admit that (set out facts).
The defendant admits that………………but says that……………
The defendant denies that he is a partner in the defendant firm of……………………
**Protest—The defendant denies that he made the contract alleged or any contract with the plaintiff.**
The defendant denies that he contracted with the plaintiff as alleged or at all.
The defendant admits assets but not the plaintiff’s claim.
The defendant denies that the plaintiff sold to him the goods mentioned in the plaintiff or any of them.
**Limitation—The suit is barred by article.....................................or article...............of the Second**
Schedule to the Indian[1] Limitation Act, 1877 (15 of 1877).
**Jurisdiction—The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds).**
On the ........................................................................................day of ....................... a diamond ring was delivered
by the defendant to and accepted by the plaintiff in discharge of the alleged cause of action.
**Insolvency—The defendant has been adjudged an insolvent.**
The plaintiff before the institution of the suit was adjudged an insolvent and the right to sue vested in
the receiver.
**Minority—The defendant was a minor at the time of making the alleged contract.**
1. See now the Limitation Act, 1963 (36 of 1963).
-----
**Payment into Court—The defendant as to the whole claim (or as to Rs..........part of the money claimed, or**
_as the case may be) has paid into Court Rs................................and says that this sum is enough to satisfy_
the plaintiff's claim (or the part aforesaid).
**Performance remitted—The performance of the promise alleged was remitted on the date).**
**Rescission—The contract was rescinded by agreement between the plaintiff and defendant.**
**Res judicata—The plaintiff's claim is barred by the decree in suit (give the reference).**
**Estoppel—The plaintiff is estopped from denying the truth of (insert statement as to which estoppel**
_is claimed) because (here state the facts relied on as creating the estoppel)._
**Ground of defence subsequent to institution of suit—Since the institution of the suit, that is to**
say, on the...................... day of.................................. (set out facts).
**No. 1**
DEFENCE IN SUITS FOR GOODS SOLD AND DELIVERED
1. The defendant did not order the goods.
2. The goods were not delivered to the defendant.
3. The price was not Rs.
[or]
4. 1.
5. Except as to Rs., same as 2.
6. 3.
7. the defendant [or A. B., the defendant's agent] satisfied the claim by payment before suit to
the plaintiff [or to C.D., the plaintiff's agent] on the day of 20,
8. The defendant satisfied the claim by payment after suit to the plaintiff on the day of 20
**No. 2**
DEFENCE IN SUITS ON BONDS
1. The bond is not the defendant’s bond.
2. The defendant made payment to the plaintiff on the day according to the condition of the bond.
3. The defendant made payment to the plaintiff after the day named and before suit of the
principal and interest mentioned in the bond.
**No. 3**
DEFENCE IN SUITS ON GUARANTEES
1. The principal satisfied the claim by payment before suit.
2. The defendant was released by the plaintiff giving time to the principal debtor in pursuance of
a binding agreement.
**No. 4**
DEFENCE IN ANY SUITS FOR DEBT
1. As to Rs. 200 of the money claimed, the defendant is entitled to set off for goods sold and delivered by
the defendant to the plaintiff.
Particulars are as follows : Rs.
1907 January 25th. . . . . . . . . . . . . . . . . . . 150
,, February 1st . . . . . . . . . . . . . . . . . . . . . . . . . 50
Total 200
|Col1|Col2|
|---|---|
-----
2. As to the whole [or as to Rs......................, part of the money claimed] the defendant made tender
before suit of Rs.........and has paid the same into Court.
**No. 5**
DEFENCE IN SUITS FOR INJURIES CAUSED BY NEGLIGENT DRIVING
1. The defendant denies that the carries mentioned in the plaint was the defendant's
carriage, and that it was under the charge or control of the defendant's servants. The carriage
belonged to....................... of.....................Street, Calcutta, livery stable keepers employed by the
defendant to supply him with carriages and horses and the person under whose charge and control the said
carriage was, was the servant of the said.
2. The defendant does not admit that the said carriage was turned out of Middleton Street either
negligently, suddenly or without warning, or at a rapid or dangerous pace.
3. The defendant says the plaintiff might and could, by the exercise of reasonable care and diligence,
have seen the said carriage approaching him, and avoided any collision with it.
4. The defendant does not admit the statements contained in the third paragraph of the plaint.
**No. 6**
DEFENCE IN ALL SUITS FOR WRONGS
1. Denial of the several acts [or matters] complained of.
**No. 7**
DEFENCE IN ALL SUITS FOR DETENTION OF GOODS
1. The goods were not the property of the plaintiff.
2. The good were detained for a lien to which the defendant was entitled.
Particulars are as follows:—
1907, May 3rd To carriage of the goods claimed from Delhi to Calcutta:—
45 maunds at Rs. 2 per maund.................Rs. 90.
**No. 8**
DEFENCE IN SUITS FOR INFRINGEMENT OF COPYRIGHT
1. The plaintiff is not the author [assignee, etc.]
2. The book was not registered.
3. The defendant did not infringe.
**No. 9**
DEFENCE IN SUITS FOR INFRINGEMENT OF TRADE MARK
1. The trade mark is not the plaintiff’s.
2. The alleged trade mark is not a trade mark.
3. The defendant did not infringe.
**No. 10**
DEFENCE IN SUITS RELATING TO NUISANCES
1. The plaintiff’s lights are not ancient [or deny his other alleged prescriptive rights].
2. The plaintiff’s lights will not be materially interfered with by the defendant’s buildings.
3. The defendant denies that he _or his servants pollute the water [or do what is complained of]._
-----
[If the defendant claims the right by prescription or otherwise to do what is complained of, he must
_say so, and must state the grounds of the claim, i.e., whether by prescription, grant or what.]_
4. The plaintiff has been guilty of laches of which the following are particulars:—
1870. Plaintiff 's mill began to work.
1871. Plaintiff came into possession.
1883. First complaint.
5. As to the plaintiff's claim for damages the defendant will rely on the above grounds of defence, and
says that the acts complain of have not produced any damage to the plaintiff [If other grounds are relied on,
_they must be stated, e.g., limitation as to past damage.]_
**No. 11**
DEFENCE TO SUIT FOR FORECLOSURE
1. The defendant did not execute the mortgage.
2. The mortgage was not transferred to the plaintiff (if more than one transfer is alleged, say which is
_denied)._
3. The suit is barred by article................................................of the Second Schedule to the [1]Indian
Limitation Act, 1877 (15 of 1877).
4. The following payment have been made, viz, :—
(Insert date)— Rs. 1,000
(Insert date)— Rs. 500
5. The plaintiff took possession on the .......... ............of ... ..............and has received the rents ever since.
6. The plaintiff released the debt on the ....... ...................of.............................................
7. The defendant transferred all his interest to A. _B. by a document dated.........._
**No. 12**
DEFENCE TO SUIT FOR REDEMPTION
1. The plaintiff’s right to redeem is barred by article of the Second Schedule to the [1]Indian Limitation
Act 1877 (15 of 1877).
2. The plaintiff transferred all interest in the property to A. B.
3. The defendant, by a document dated the....................day of ..............transferred all his interest in
the mortgage-debt and property comprised in the mortgage to A.B.
4. The defendant never took possession of the mortgaged property, or received the rents thereof.
(if the defendant admits possession for a time only, he should state the time and deny possession
_beyond what he admits.)_
1. See now the Limitation Act, 1963 (36 of 1963).
-----
**No. 13**
DEFENCE TO SUIT FOR SPECIFIC PERFORMANCE
1. The defendant did not enter into the agreement.
2. _A.B. was not the agent of the defendant (if alleged by plaintiff)._
3. The plaintiff has not performed the following conditions—(Conditions).
4. The defendant did not—(alleged acts of part performance).
5. The plaintiff's title to the property agreed to be sold is not such as the defendant is bound to
accept by reason of the following matter—(State why).
6. The agreement is uncertain in the following respects—(State them).
7. (or) The plaintiff has been guilty of delay.
8. (or) The plaintiff has been guilty of fraud (or misrepresentation).
9. (or) The agreement is unfair.
10. (or) The agreement was entered into by mistake.
11. The following are particulars of (7), (8), (9), (10) (or as the case may be).
12. The agreement was rescinded under Conditions of Sale, No. 11 (or by mutual agreement).
_(In cases where damages are claimed and the defendant disputes his liability to damages, he must_
_deny the agreement Or the alleged breaches, or show whatever other ground of defence he intends to_
_rely on, e.g., the [1]Indian Limitation Act, accord and satisfaction, release, fraud, etc.)_
**No. 14**
DEFENCE IN ADMINISTRATION SUIT BY PECUNIARY LEGATEE
1. A.B. ‘s will contained a charge of debts; he died insolvent; he was entitled at his death to some
immovable property which the defendant sold and which produced the net sum of Rs..................., and the
testator had some movable property which the defendant got in, and which produced the net sum of Rs............
2. The defendant applied the whole of the said sums and the sum of Rs....................... ..........which the
defendant received from rents of the immovable property in the payment of the funeral and testamentary
expenses and some of the debts of the testator.
3. The defendant made up his accounts and sent a copy thereof to the plaintiff on the.................. ..day
of...................... 20........., and offered to plaintiff free access to the vouchers to verify such accounts,
but he declined to avail himself of the defendant’s offer.
4. The defendant submits that the plaintiff ought to pay the cost of this suit.
**No. 15**
PROBATE OF WILL IN SOLEMN FORM
1. The said will and codicil of the deceased were not duly executed according to the provisions of the
Indian Succession Act, 1865[2] (10 of 1865) [or of the Hindu Wills Act, 1870[2] (21 of 1870)].
2. The deceased at the time the said will and codicil respectively purport to have been executed, was
not of sound mind, memory and understanding.
3. The execution of the said will and, codicil was obtained by the undue influence of the plaintiff [and
others acting with him whose names are at present unknown to the defendant].
4. The execution of the said will and codicil was obtained by the fraud of the plaintiff, such fraud so
far as is within the defendant’s present knowledge, being [state the nature of the fraud].
1. See now the Limitation Act, 1963 (36 of 1963).
2. See now the Indian Succession Act, 1925 (39 of 1925).
-----
5. The deceased at the time of the execution of the said will and codicil did not know and approve
the contents thereof [or of the contents of the residuary clause in the said will, as the case may be].
6. The deceased made his true last will, dated the 1st January, 1873, and thereby appointed the
defendant sole executor thereof.
The defendant claims—
(1) that the Court will pronounce against the said will and codicil propounded by the plaintiff ;
(2) that the Court will decree probate of the will of the deceased, dated the 1st January, 1873, in
solemn form of law.
**No. 16**
PARTICULARS (O.6, r. 5.)
(Title of suit)
**Particulars.—The following are the particulars of** _(here state the matters in respect of which_
_particulars have been ordered) delivered pursuant to the order of the of_
_(Here set out the particulars ordered in paragraphs if necessary)._
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APPENDIX B
**PROCESS**
**No. 1.**
SUMMONS FOR DISPOSAL OF SUIT (O. 5, rr.1.5.)
_(Title)_
T o
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you for you are hereby
summoned to appear in this Court in person, or by a pleader duly instructed (and able to answer all material
questions relating to the suit, or who shall be accompanied by some person; able to answer all such
questions,...............on.................the........................................day.................of........................20..................,
at.........................................O’clock in the................................................ noon, to answer the claim ; and
as the day fixed for your appearance is appointed for the final disposal of the suit, you must be prepared
to produce on that day all the witnesses upon whose evidence and all the documents upon which you
intend to rely in support of your defence.
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard
and determined in your absence.
Given under my hand and the seal of the Court, this..............day of................................. .......... 20
_Judge_
NOTICE—1. Should you apprehend your witnesses will not attend of their own accord, you can have
a summons from this Court to compel the attendance of any witness, and the production of any document
that you have a right to call upon the witness to produce, on applying to the Court and on depositing the
necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to
avoid execution of the decree, which may be against your person or property, or both.
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**No. 2**
SUMMONS FOR SETTLEMENT OF ISSUES (O. 5, rr.1. 5.)
(Title)
T o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you
for……………………………..you are hereby summoned to appear in this Court in person, or by a
pleader duly instructed, and able to answer all material question relating to the suit, or who shall be
accompanied by some person able to answer all such questions, on
the.........................................................day of……......................20....................., at......................O'clock
in the………….................noon, to answer the claim; [1][and further you are hereby directed to file on that
day a written statement of your defence and to produce on the said day all documents in your possession
or power upon which you base your defence or claim for set-off or counterclaim, and where you rely on
any other document whether in your possession or power or not, as evidence in support of your defence
or claim for set-off or counterclaim, you shall enter such documents in a list to be annexed to the written
statement].
Take note that, in default of your appearance on the day before mentioned, the suit will be heard
and determined in your absence.
GIVEN under my hand and the seal of the Court, this .............. day of .................. 20 ...........
_Judge._
NOTICE—1. Should you apprehend your witnesses will not attend of their own accord, you can
have a summons from this Court to compel the attendance of any witness, and the production of any
document that you have a right to call on the witness to produce, on applying to the Court and on
depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit,
to avoid execution of the decree, which may be against your person or property, or both.
**No. 3**
SUMMONS TO APPEAR IN PERSON (O. 5, r. 3.)
(Title)
To. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you
for...............you are hereby summoned to appear in this Court in person on the….............................. day
of ...................... 20........................................at O’clock in the....................................noon, to answer the
claim; and you are directed to produce on that day all the documents upon which you intend to rely in
support of your defence.
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard
and determined in your absence.
GIVEN under my hand and the seal of the Court, this.......................... day of ............................. 20
_Judge._
1. Subs. by Act 104 of 1976, s. 94, for certain words (w.e.f- 1-2-1977).
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1[No. 4
SUMMONS IN A SUMMARY SUIT
(O. 37, r. 2)
(Title)
To. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name description and place of residence.]
WHEREAS........................... has instituted a suit against you under Order XXXVII of the Code of Civil
Procedure, 1908, for Rs.................and interest, you are hereby summoned to cause and appearance to be
entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled,
after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of
Rs....................and the sum of Rs..........................for costs, together with such interest, if any, as the Court may
order.
If you cause an appearance to be entered for you, the plaintiff will thereafter server upon you a
summons for judgment at the hearing of which you will be entitle to move the Court for leave to defend
the suit.
Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is
defence to the suit on the merits or that it is reasonable that you should be allowed to defend.
Given under my hand and the seal of the Court, this............................day of...........................20...........
_Judge.]_
2[No. 4A
SUMMONS FOR JUDGMENT IN A SUMMARY SUIT
(O. 37, r. 3)
(Title)
In the..............................Court, at..............................Suit No................................................of 20
_XYZ_ _Plaintiff_
_Versus_
_ABC_ _Defendant_
Upon reading the affidavit of the plaintiff the Court makes the following order, namely:—
Let all parties concerned attend the Court or Judge, as the case may be, on the .....................day of
.................. 20 , at ..........................O’clock in the forenoon on the hearing of the application of the
plaintiff that he be at liberty to obtain judgment in this suit against the defendant (or if against one or
some or several, insert names) for Rs....................and for interest and costs.
Date the ......................day of.................. 20 .]
_Judge._
1. Subs. by Act 104 of 1976, s. 94, for Form No. 4 (w.e.f 1-2-1977).
2. Subs. by s. 94, ibid. (w.e.f. 1-2-1977).
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**No. 5**
NOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED AS CO-PLAINTIFF
(O. 1, r. 10)
(Title)
To. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
WHEREAS.........................has instituted a suit against.........................for..............................and whereas
it appears necessary that you should be added as plaintiff in the said suit in order to enable the Court
effectually and completely to adjudicate upon and settle all the questions involved.
Take notice that you should on or before the .................. day of ........................ 20, signify to this
Court whether you consent to be so added.
Given under my hand and the seal of the Court, this ................. day of ...................... 20
_Judge._
**No. 6**
SUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT
(O. 22, r. 4)
(Title)
T o
WHEREAS the plaintiff .................... ...........instituted a suit in this Court on the… ..........................day
of.............../20....against the defendant........ who has since deceased, and whereas the said plaintiff has
made an application to this Court alleging that you are the legal representative of the said, .. deceased,
and desiring that you be made the defendant in his stead;
You are hereby summoned to attend in this Court on the………… day of........... ......... ......20......., at
…………….A.M. to defend the said suit and, in default of your appearance on the day specified, the said
suit will be heard and determined in your absence.
Given under my hand and the seal of the Court, this ................. day of ...................... 20
_Judge._
**No. 7**
ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICTION OF ANOTHER COURT
(O. 5, r. 21)
(Title)
WHEREAS it is stated that ................................................................................................
defendant in the above suit is at present residing in..........................................................
witness
It is ordered that a summons returnable on the ....................day of...........................20......., be
forwarded to the ..............Court of ................for service on the said
defendant/witness............ with a duplicate of this proceeding.
The court-fee of ............. chargeable in respect to the summons has been realised on this Court in
stamps.
Dated ........................20 .........
_Judge._
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**No. 8**
ORDER FOR TRANSMISSION OF SUMMIONS TO BE SERVED ON A PRISONER
# (o. 5, r. 25.)
(Title)
T o
. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
The Superintendent of the Jail at........................................................................................................
............................................. .............................................................................................................
Under the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons in
duplicate is here with forwarded for service on the defendant.................. who is............... a prisoner in
jail, You are requested to cause a copy of the said summons to be served upon the said defendant and to
return the original to this Court signed by the said defendant, with a statement of service endorsed
thereon by you.
_Judge._
**No. 9**
ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT OR SOLDIER
(O. 5, rr. 27, 28.)
(Title)
T o
UNDER the provisions of Order V, rule 27 (or 28, _as the case may be),_ of the Code of Civil
Procedure, 1908, a summons in duplicate is herewith forwarded for service on the
defendant…………….who is stated to be serving under you. You are requested to cause a copy of the
said summons to be served upon the said defendant and to return the original to this Court signed by the
said defendant, with a statement of service endorsed thereon by you.
_Judge._
**No. 1 0**
TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT
(O. 5, r. 23.)
(Title)
Read proceeding from the .................. forwarding ................ for service on ................... in Suit No.
...............................Of...............20 ........... of that Court.
Read Serving Officer's endorsement stating that the.....................and proof of the above having been
duly taken by me on the oath of............................ and.................................it is ordered that the...............be
returned to the.............with a copy of this proceeding.
_Judge._
NOTE .—This form will be applicable to process other than summons, the service of which may have
to be effected in the same manner.
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**No. 11**
AFFIDAVIT OF PROCESS-SERVER TO ACCOMPANY RETURN OF A SUMMONS OR NOTICE
(O. 5, r. 18.)
(Title)
The affidavit of ......................................, son of ...................................................................................................
I............................................................................................................................make oath
affirm
and say as follows :—
(1) I am a process-server of this Court.
summons
(2) On the day of......................................20...........I received a
notice
issued by the Court of ...........in Suit No. .............of............. 20..........., in the said Court, dated the
day of ..........20..........., for service on
Summons
(3) The said...............was at the time personally known to me, and I served the said
notice
him On the ..........day of........20........, at about....................O’clock in the ................
her
His
................noon at......................by tendering a copy thereof to him and requiring
her her
Signature to the original notice
(a)
(b)
(a) Here state whether the person served signed or refused to sing the process, and in whose
presence.
(b) Signature of process-server.
or,
(3) The said........................not being personally known to me.............accompanied me............to
summons
and pointed out to me a person whom he stated to be the said......., and I served the said.....
notice
on Him
her
on the ......................day of...................20......., at about...............o’clock in the..........
noo
n
at.....by tendering a copy thereof to him and requiring him summon
Signature to the original
her her notice
(a)
(b)
(a) Here state whether the person served signed or refused to sing the process, and in whose
presence.
(b) Signature of process-server.
or,
(3) The said.............and the house in which he ordinarily resides being personally known to me, I
went to the said house, in ................and thereon the .................day, of ......................19
at about.......................o’clock in the...............noon, I did not find the said....................
(a)
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(b)
(a) Enter fully and exactly the manner in which the process was served, with special reference to
Order 5, rules 15 and 17.
(b) Signature of process-server.
or,
(3) One...........accompanied me to....................and there pointed out to me which he said was the
house in which......................ordinarily resides. I did not find the said...............there.
(a)
(b)
(a) Enter fully and exactly the manner in which the process was served, with special reference to
Order 5, rules 15 and 17.
(b) Signature of process-server.
or,
_If substituted service has been ordered, state fully and exactly the manner in which the summons was_
_served with special reference to the terms of the order for substituted service._
Sworn
by the said............................................................................................................before me
affirmed
this......................................................day of..................20..............
_Empowered under section 139 of the_
_Code of Civil Procedure, 1908, to_
_administer the oath to deponents._
**No. 12**
NOTICE TO DEPENDANT
(O. 9, r. 6.)
_(Title)_
To......................................................... [Name, description and place of residence.]
WHEREAS this day was fixed for the hearing of the above suit and a summons was issued to you and the
plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been
proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time
to enable you to appear and answer on the day fixed in the said summons;
Notice is hereby given to you that the hearing of the suit is adjourned this day and that
the................... day of..........................20....................................is now fixed for the hearing of the same;
in default of your appearance on the day last mentioned the suit will be heard and determined in your
absence.
GIVEN under my hand and the seal of the Court, this .........................day of ............... 20.......
_Judge._
**No. 13**
SUMMONS TO WITNESS
(O. 16, rr. 1, 5.)
_(Title)_
To.........................................................
WHEREAS your attendance is required to................................................................................................
on behalf of the...........................................................................................................................in the above
suit, you are hereby required [personally] to appear before this Court on the................................... day of
............ 20..........., at....................O’clock in the forenoon, and to bring with you [or to send to this
Court].
-----
A sum of Rs................, being your travelling and other expenses and subsistence allowance for one
day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to
the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure,
1908.
GIVEN under my hand and the seal of the Court, this............................day of.....................20...............
_Judge._
NOTICE.—(1) If you are summoned only to produce a document and not to give evidence, you shall
be deemed to have complied with the summons if you cause such document to be produced in this Court
on the day and hour aforesaid.
(2) If you are detained beyond the day aforesaid, a sum of Rs........................................will be
tendered to you for each day's attendance beyond the day specified.
**No. 14**
PROCLAMATION REQUIRING ATTENDANCE OF WITNESS (O. 16, r. 10.)
(Title)
To
WHEREAS it appears from the examination on oath of the serving officer that the summons could not
be served upon the witness in the manner prescribed by law : and whereas it appears that the
evidence of the witness is material, and he absconds and keeps out of the way for the purpose of
evading the service of the summons : This proclamation is, therefore, under rule 10 of Order XVI of
the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on
the..................... day of................ 20......... at..........O'clock in the forenoon and from day to day until he
shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt
with according to law.
GIVEN under my hand and the seal of the Court, this ............... day of .......................... 20 ....
_Judge._
**No. 15**
PROCLAMATION REQUIRING ATTENDANCE OF WITNESS
(O. 16, r. 10.)
(Title)
To
WHEREAS it appears from the examination on oath of the serving officer that the summons has been
duly served upon the witness, and whereas it appears that the evidence of the witness is material and
he has failed to attend in compliance with such summons : This proclamation is, therefore, under rule 10
of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this
Court on the.......day of.............. 20......... at........ O'clock in the forenoon, and from day to day until he
shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt
with according to law.
GIVEN under my hand and the seal of the Court, this........................... day of......................................20
_Judge._
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To
**No. 16**
WARRANT OF ATTACHMENT OF PROPERTY OF WITNESS (O. 16, r. 10.)
_(Title)_
The Bailiff of the Court.
WHEREAS the witness..........................................................................................................................cited by
....................................................................................................................................has not, after the
expiration of the period limited in the proclamation issued for his attendance, appeared in Court; You
are hereby directed to hold under attachment................... property belonging to the said witness to the
value................... of and to submit a return, accompanied with an inventory thereof,
within .....................................days.
Given under my hand and the seal of the Court, this.................................. day of............................. 20
........................................
_Judge._
**No. 17**
WARRANT OF ARREST OF WITNESS (O. 16, r. 10)
_(Title)_
T o
The Bailiff of the Court.
WHEREAS.................................................................................has been duly served with a summons but has
failed to attend (absconds and keeps out of the way for the purpose of avoiding service of a summons);
You are hereby ordered to arrest and bring the said...................................................................before the
Court.
You are further ordered to return this warrant on or before the ................ day of...........................
20 ............ with an endorsement certifying the day on and the manner in which it has been executed,
or the reason why it has not been executed.
Given under my hand and the seal of the Court, this................... day of............................. 20
_Judge._
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T o
**No. 18**
WARANT OF COMMITTAL (O. 16, r. 16)
(Title)
The Officer in charge of the Jail at ..........................................
WHEREAS the plaintiff (or defendant) in the above-named suit has made application to this Court
that security be taken for the appearance of...... give evidence (or to produce a document), on the day of
....................................................................................................... 20 and whereas the Court has
called upon the said.............to furnish such security, which he has failed to do; This is to require you to
receive the said...........into your custody in the civil prison and to produce him before this Court at
.....................................on the said day and on such other day or days as may be hereafter ordered.
GIVEN under my hand and the seal of the Court, this ................... day of ............... 20 ............
_Judge._
**No. 19**
WARRANT OF COMMITTAL (O 16, r. 18)
(Title)
T o
The Officer in charge of the Jail at ..................................
WHEREAS..........................., whose attendance is required before this Court in the above-named case to
give evidence or to produce a document), has been arrested and brought before the Court in custody;
and whereas owing to the absence of the plaintiff (or defendant), the said...................cannot give such
evidence (or produce such document); and whereas the Court has called upon the said to..................togive security for his appearance on the.............................day of................20................,
at....................................which he has failed to do; This is to require you to receive the said....... into
your custody in the civil prison and to produce him before this Court at......... on the................ day
of................ 20
GIVEN under my hand and the seal of the Court, this day of 20
_Judge._
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**APPENDIX C**
DISCOVERY, INSPECTION AND ADMISSION
**No. 1**
ORDER FOR DELIVERY OF INTERROGATORIES (O. 11, r 1.)
In the Court of...........................................................
Civil Suit No.....................of ..........................20
_A. B. ................................................................ Plaintiff,_
_against_
_C.D.E.F. and G.H ...…....…. Defendants._
Upon hearing ........................ and upon reading the affidavit of ................. filed the ............... day
of…………20……….; It is ordered that the………..be at liberty to deliver to the………
Interrogatories in writing, and that the said……….do answer the interrogatories as prescribed by Order
XI, rule 8, and that the costs of this application be…………..
**No. 2**
INTERROGATORIES (O. 11, r. 4.)
_(Title as in No. 1, supra)_
Interrogatories on behalf of the above-named [Plaintiff or defendant C. D.] for the examination of
the above-named [defendants E.F. and G. H. or Plaintiff].
1. Did not, etc.
2. Has not, etc.
etc., etc., etc.
[The defendant E.F. is required to answer the interrogatories numbered.........................]
[The defendant G. H. is required to answer the interrogatories numbered ......................]
**No. 3**
ANSWER TO INTERROGATORIES (O. 11, r. 9.)
_(Title as in No. 1, supra)_
The answer of the above-named defendant E. F., to the interrogatories for his examination by the
above-named plaintiff.
In answer of the said interrogatories, I, the above-named E. F., make oath and say as follows: —
1
2 . Enter answers to interrogatories in paragraphs numbered consecutively.
3. I object to answer the interrogatories numbered on the ground that [state grounds of
_objection]._
No. 4
ORDER FOR AFFIDAVIT AS TO DOCUMENTS (O. 11, r. 12.)
(Title as in No. 1, supra)
Upon hearing………………; It is ordered that the………..do within…………..form the date of this
order, answer on affidavit stating which documents are or have been in his possession or power relating
to the matter in question in this suit, and that the costs of this application be…………………… .
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**No. 5**
AFFIDAVIT AS TO DOCUMENTS (O. 11, r. 13.)
_(Title as in No. 1, supra)_
I, the above-named defendant C. D., make oath and say as follows : —
1. have in my possession or power the documents relating to the matters in question in this suit
set forth in the first and second parts of the first schedule hereto.
2. object to produce the said documents set forth in the second part of the first schedule hereto
[stale grounds of objection]
3. I have had but have not now, in my possession or power the documents relating to the matters
in question in this suit set forth in the second schedule hereto.
4. The last-mentioned documents were last in my possession or power on. [State when and what
_has become of them and in whose possession they now are]._
5. According to the best of my knowledge, information and belief I have not now, and never had,
in my possession, custody or power, or in the possession, custody or power of my pleader or agent, or
in the possession custody or power of any other person on my behalf, any account, book of account,
voucher, receipt, letter memorandum, paper or writing, or any copy of or extract from any such
document, or any other documents whatsoever, relating to the matters in question in this suit or any of
them, or wherein any entry has been made relative to such matters or any of them, other than and
except the documents set forth in the said first and second schedules hereto.
**No. 6**
ORDER TO PRODUCE DOCUMENTS FOR INSPECTION (O. 11, r. 14.)
(Title as in No. 1, supra)
Upon hearing………………and upon reading the affidavit of……………….. filed the………………
day of……………20……………; It is ordered that the………………..do, at all reasonable
times, on reasonable notice, produce at…………………., situate at …………………., the
following documents, namely,………………, and that the……………be at liberty to inspect and
produce the documents so produced, and to make notices of their contents. In the meantime, it is ordered
that all further proceedings be stayed and that the costs of this application be……………………….
**No. 7**
NOTICE TO PRODUCE DOCUMENTS (O. 11, r. 16.)
(Title as in No. 1, supra)
Take notice that the [plaintiff or defendant] requires you to produce for his inspection the following
documents referred to in your [plaint or written statement or affidavit, dated the……………day of
…………….20………… ].
[Describe documents required.]
X. Y, pleader for the…………..
-----
To Z., pleader for the………..
**No. 8**
NOTICE TO INSPECT DOCUMENTS (O. 11, r. 17.)
(Title as in No. 1, supra)
Take notice that you can inspect the documents mentioned in your notice of the ……………..day
Of……………..20……….. [except the documents numbered ……………….in that notice insert
place of inspection] on Thursday next, the instant, between the hours of 12 and 4 O’clock.
Or, that the [plaintiff or defendant] objects to giving you inspection of documents mentioned in your
notice of the day of………..20…………, on the ground that [state the ground].
**No. 9**
NOTICE TO ADMIT DOCUMENTS (O. 12, r. 3.)
(Title as in No. 1, supra)
Take notice that the plaintiff [or defendant] in this suit proposes to adduce in evidence the several
documents hereunder specified, and that the same may be inspected by the defendant [or plaintiff], his
pleader or agent………... at…………on…………between the hours of…………………..; and the
defendant [or plaintiff] is hereby required, within forty-eight hours from the last-mentioned hour, to admit
that such of the said documents as are specified to be originals were respectively written, signed or
executed, as they purport respectively to have been; that such as are specified as copies are true copies;
and such documents as are stated to have been served, sent or delivered were so served, sent or delivered,
respectively, saving all just exceptions to the admissibility of all such documents as evidence in this suit.
G.H. pleader [as agent] for plaintiff [or defendant].
To E.F., pleader [or agent] for defendant [or plaintiff].
[Here describe the documents and specify as to each document whether it is original or a copy].
**No. 10**
NOTICE TO ADMIT FACTS (O. 12, r. 5.)
(Title as in No. 1, supra)
Take notice that the plaintiff [or defendant] in this suit requires the defendant [or plaintiff] to admit,
for the purposes of this suit only, the several facts respectively hereunder specified; and the defendant [or
plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts,
saving all just exceptions to the admissibility of such facts as evidence in this suit.
G.H. pleader [or agent] for plaintiff [or defendant].
To E.F., pleader [or agent] for defendant [or plaintiff].
The facts, the admission of which is required, are—
1. That M. died on the 1st January, 1890.
2. That he died intestate.
3. That N. was his only lawful son.
4. That O. died on the 1st April, 1896.
5. That O. was never married.
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**No. 11**
ADMISSION OF FACTS PURSUANT TO NOTICE (O. 12, r. 5.)
(Title as in No. 1, supra)
The defendant [or plaintiff] in this suit, for the purposes of this suit only, hereby admits the several
facts respectively hereunder specified, subject to the qualifications or limitations, if any, hereunder
specified, saving all just exceptions to the admissibility of any such facts, or any of them, as evidence in
this suit:
Provided that this admission is made for the purposes of this suit only, and is not an admission to be
used against the defendant [or plaintiff] on any other occasion or by any one other than the plaintiff
[or defendant, or party requiring the admission].
E. F., pleader [or agent] for defendant [or plaintiff].
To G. H., pleader [or agent] for plaintiff [or defendant].
Facts admitted Qualifications or limitations, if any, subject to
which they are admitted
1. That M. died on the 1st January, 1890….. 1.
2. That he died intestate……………………... 2.
3. That N. was his lawful son ………………. 3. But not that he was his only lawful son.
4. That O. died………………………………. 4. But not that he died on the 1st April, 1896.
5. That O. was never married………………. 5. ...................................................................
**No. 12**
NOTICE TO PRODUCE (GENERAL FORM) (O. 12, r. 8.)
_(Title as in No. 1, supra)_
Take notice that you are hereby required to produce and show to the Court at the first hearing of
this suit, all books, papers, letters, copies of letters and other writings and documents in your custody,
possession or power, containing any entry, memorandum or minute relating to the matters in question
in this suit, and particularly.
G. H. pleader [or agent] for plaintiff [or defendant].
To E. F. pleader or agent] for defendant [or plaintiff].
|Facts admitted|Qualifications or limitations, if any, subject to which they are admitted|
|---|---|
|1. That M. died on the 1st January, 1890…..|1.|
|2. That he died intestate……………………...|2.|
|3. That N. was his lawful son ……………….|3. But not that he was his only lawful son.|
|4. That O. died……………………………….|4. But not that he died on the 1st April, 1896.|
|5. That O. was never married……………….|5. ...................................................................|
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APPENDIX D
DECREES
**No. 1**
DECREE IN ORIGINAL SUIT (O. 20, rr. 6,7.)
_(Title)_
Claim for ........................................................................................................................................
THIS suit coming on this day for final disposal before ................................... in the presence of
....................................... for the plaintiff and of ............................ for the defendant, it is ordered and
decreed that .......................................... and that the sum of Rs ........................................... be paid by
the ....................................... to the ............................. on account of the costs of this suit, with interest
thereon at the rate of ................................... per cent. per annum from this date to date of realization.
Given under my hand and the seal of the Court, this ..................... day of ...................................
20...
_Judge._
_Costs of Suit_
Plaintiff Defendant
Rs. A. P. Rs. A. P.
1. Stamp for plaint……….. Stamp for power……………...
2. Do. for power…………… Do. for petition………
3. Do. for exhibits…………. Pleader’s fee………….
4. Pleader’s fee on Rs. ...... Subsistence for witnesses…
5. Subsistence for witnesses.. Service of process……….
6. Commissioner’s fee…… Commissioner’s fee………..
7. Service of process……..
Total Total
**No. 2**
SIMPLE MONEY DECREE
(Section 34)
(Title)
Claim for......................................................................................................................................................
THIS suit coming on this........................day for final disposal before..........in the presence of
..............................for the plaintiff and of.................for the defendant; It is ordered that the...................do
pay to the.................. the sum of Rs................ with interest thereon at the rate of.......................per cent.
per annum from......................................to the date of realization of the said sum and do also pay
Rs....................., the costs of this suit, with interest thereon at the rate of……..per cent. per annum from
this date to the date of realization.
Given under my hand and the seal of the Court, this........................... day of....................20
_Judge._
|Plaintiff|Col2|Col3|Col4|Defendant|Col6|Col7|Col8|
|---|---|---|---|---|---|---|---|
||Rs.|A.|P.||Rs.|A.|P.|
|1. Stamp for plaint………..||||Stamp for power……………...||||
|2. Do. for power……………||||Do. for petition………||||
|3. Do. for exhibits………….||||Pleader’s fee………….||||
|4. Pleader’s fee on Rs. ......||||Subsistence for witnesses…||||
|5. Subsistence for witnesses..||||Service of process……….||||
|6. Commissioner’s fee……||||Commissioner’s fee………..||||
|7. Service of process……..||||||||
|Total||||Total||||
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_Costs of Suit_
Plaintiff Defendant
Rs. A. P. Rs. A.
1. Stamp for plaint.............. Stamp for power ......
2. Do. for power.............
2. Do. for power............. Do. for petition .......
3. Do. for exhibit........... 3. Do. for exhibit........... 3. Do. for exhibit........... Pleader’s fee .........
4. Pleader's fee on Rs............
4. Pleader's fee on Rs............ Subsistence for witnesses
5. Subsistence for
5. Subsistence for Service of process ...
witnesses........
witnesses........
6. Commissioner’s fee.......... Commissioner’s .....
6. Commissioner’s fee..........
7. Service of process.............. 7. Service of process..............
Total Total Total
1[No. 3
PRELIMINARY DECREE FOR FORECLOSURE
(Order XXXIV, rule 2.—Where accounts are directed to be taken.)
(Title)
This suit coming on this................................. day, etc.; It is hereby ordered and decreed that it be
referred to...................... as the Commissioner to take the accounts following:—
(i) an account of what is due on this date to the plaintiff for principal and interest on his
mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal
or where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems
reasonable);
(ii) an account of the income of the mortgaged property received up to this date by the plaintiff or
by any other person by the order or for the use of the plaintiff or which without the wilful default of
the plaintiff or such person might have been so received;
(iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs,
charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together
with interest thereon (such interest to be computed at the rate agreed between the parties, or, failing
such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent.
per annum);
(iv) an account of any loss or damage caused to the mortgaged property before this date by any
act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by
his failure to perform any of the duties imposed upon him by any law for the time being in force or by
the terms of the mortgage-deed.
2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged
due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid
by the plaintiff under clause (iii) together with interest thereon, and the balance, if any, shall be added to
the mortgage-money or, as the case may be, debited in reduction of the amount due to the plaintiff on
1. Subs. by Act 21 of 1929, s. 8 and Sch., for the original forms 3 to 11.
|Plaintiff|Col2|Col3|Col4|Defendant|Col6|Col7|Col8|
|---|---|---|---|---|---|---|---|
||Rs.|A.|P.||Rs.|A.|P.|
|1. Stamp for plaint..............||||Stamp for power ......||||
|2. Do. for power............. 2. Do. for power.............||||Do. for petition .......||||
|3 33. .. D DDo oo. .. f ffo oor rr e eex xxh hhi iib bbi iit tt. ... ... ... ... ... ... ... ... ... ... ..||||Pleader’s fee .........||||
|4 . P Pl le ea ad de er r' 's f fe ee oo nn RR ss .. .. .. .. .. .. .. .. .. .. .. .. 4 . s e||||Subsistence for witnesses||||
|5. Subsistence for 5 . Subsistence for witnesses........||||Serv ice of pr ocess ...||||
|witnesses........ 6. Commissioner’s fee.......... 6. Commissioner’s fee..........||||Commissioner’s .....||||
|77.. SSeerrvviiccee ooff pprroocceessss............................||||||||
|Total Total||||Total||||
-----
account of interest on the principal sum adjudged due, and thereafter in reduction or discharge of the
principal.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court
with all convenient despatch after making all just allowances on or before
the..............................................................day of........... and that upon such report of the Commissioner
being received, it shall be confirmed and countersigned, subject to such modification as may be necessary
after consideration of such objections as the parties to the suit may make.
4. And it is hereby further ordered and decreed—
(i) that the defendant do pay into Court on or before the................................. day of...............................,
or any later date up to which time for payment may be extended by the Court, such sum as the Court shall
fined due, and the sum of Rs....................... for the costs of the suit awarded to the plaintiff.
(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such
amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and
expenses as may be payable under rule 10, together with such subsequent interest as may be payable under
rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall
bring into Court all documents in his possession or power relating to the mortgaged property in the plaint
mentioned, and all such documents shall be delivered over to the defendant, or to such person as he
appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said
mortgage and clear of and from all incumbrances created by the plaintiff[-]or any person claiming under him
or any person under whom he claims and free from all liability whatsoever or arising from the mortgage or
this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said
property.
5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff
shall be at liberty to apply to the Court for a final decree that the defendant shall thenceforth stand
absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in
the schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable
possession of the said property; and that the parties shall be at liberty to apply to the Court from time to
time as they may have occasion, and on such application or otherwise the Court may give such directions
as it thinks fit.
_Schedule_
_Description of the mortgaged property]_
1[No. 3A
PRELIMINARY DECREE FOR FORECLOSURE
(Order XXXIV, rule 2.—Where the Court declares the amount due.)
(Title)
This suit coming on this................................ day, etc.; It is hereby declared that the amount due to the
plaintiff on his mortgage mentioned in the plaint calculated up to this .................................................day
of...................... is the sum of Rs......................... for principal, the sum of Rs.................... for interest on
the said principal, the sum of Rs. ........................ for costs, charges and expenses (other than the costs of
the suit) properly incurred by the plaintiff in respect of the mortgage-security, together with interest
thereon, and the sum of Rs........ for the costs of this suit awarded to the plaintiff, making in all sum of
Rs............
2. And it is hereby ordered and decreed as follows:—
(i) that the defendant do pay into Court on or before the....................................day of............or
any later date up to which time for payment may be extended by the Court of the said sum of
Rs....................,
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.
-----
(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such
amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and
expenses as may be payable under rule 10, together with such subsequent interest as may be payable
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908),
the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged
property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to
such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said
property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or
any person claiming under him or any person under whom he claims and free from all liability
whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant
quiet and peaceable possession of the said property.
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff
may apply to the Court for a final decree that the defendant shall thenceforth stand absolutely debarred
and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed
hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said
property; and that the parties shall be at liberty to apply to the Court from time to time as they may have
occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
_Schedule_
_Description of the mortgaged property]_
1[No. 4
FINAL DECREE FOR FORECLOSURE
(Order XXXIV, rule 3.)
(Title)
Upon reading the preliminary decree passed in this suit on the……… day of...................................
and further orders (if any) dated the…………..day of…………......and the application of the plaintiff
dated the……………day of…………..........for a final decree and after hearing the parties and it
appearing that the payment directed by the said decree and orders has not been made by the defendant or
any person on his behalf or any other person entitled to redeem the said mortgage.
It is hereby ordered and decreed that the defendant and all persons claiming through or under him be
and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the
property in the aforesaid preliminary decree mentioned; *[and _(if the defendant be in possession of the_
_said mortgaged property) that the defendant shall deliver to the plaintiff quiet and peaceable possession_
of the said mortgaged property].
2. And it is hereby further declared that the whole of the liability whatsoever of the defendant up to
this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and
extinguished.
_Schedule_
(Description of the Mortgage Property).]
**1[No. 5**
PRELIMINARY DECREE FOR SALE
(Order XXXIV, rule 4.—Where accounts are directed to be taken.)
(Title)
This suit coming on this....................................day, etc; It is hereby ordered and decreed that it be
referred to....................as the Commissioner to take the accounts following:—
(i) an account of what is due on this date to the plaintiff for principal and interest on his mortgage
mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such
rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable);
(ii) an account of the income of the mortgaged property received up to this date by the plaintiff or by
any other person by the order or for the use of the plaintiff or which without the wilful default of the
plaintiff or such person might have been so received;
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.
- Words not required to be deleted.
-----
(iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs,
charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with
interest thereon (such interest to be computed at the rate agreed between the parties, or, failing such rate,
at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum);
(iv) an account of any loss or damage caused to the mortgaged property before this date by any
act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by
his failure to perform any of the duties imposed upon him by any law for the time being in force or by
the terms of the mortgage-deed.
2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged
due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by
the plaintiff under clause (iii), together with interest thereon, and the balance, if any, shall be added to the
mortgage-money or, as the case may be, be debited in reduction of the amount due to the plaintiff on
account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the
principal.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court
with all convenient despatch after making all just allowances on or before the...............day of.........., and
that upon such report of the Commissioner being received, it shall be confirmed and countersigned,
subject to such modification as may be necessary after consideration of such objections as the parties to
the suit may make.
4. And it is hereby further ordered and decreed—
(i) that the defendant do pay into Court on or before the...............day
of..................................................or any later date up to which time for payment may be extended by the
Court, such sum as the Court shall find due and the sum of Rs.............. for the costs of the suit awarded
to the plaintiff;
(ii) that on such payment and on payment thereafter before such date as the Court may fix of such
amount as the Court may adjudge due in respect of such costs of the suit, and such costs, charges and
expenses as may be payable under rule 10, together with such subsequent interest as may be payable
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff
shall bring into Court all documents in his possession or power relating to the mortgaged property in the
plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he
appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the
mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under
him or any person under whom he claims and shall, if so required, deliver up to the defendant quite and
peaceable possession of the said property.
5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff may
apply to the Court for a final decree for the sale of the mortgaged property; and on such application being
made the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of
such sale the plaintiff shall produce before the Court, or such officer as it appoints, all documents in his
possession or power relating to the mortgaged property.
6. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the
amount payable to the plaintiff under this decree and under any further orders that may be passed in this suit
and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such costs of the
suit, and such costs, charges and expenses as may be payable under rule 10, together with such subsequent
interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil
Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons entitled to
receive the same.
7. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
sufficient or payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at
liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law
for the time being in force) to apply for a personal decree against the defendant for the amount of the
balance; and that the parties are at liberty to apply to the Court from time to time as they may have
occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
_Schedule_
_Description of the mortgaged property.]_
-----
1[No. 5A
PRELIMINARY DECREE FOR SALE
(Order XXXIV, rule 4.—When the Court declares the amount due.)
(Title)
This suit coming on this...................day, etc.; It is hereby declared that the amount due to the plaintiff
on the mortgage mentioned in the plaint calculated up to this.................... day of.........................is the sum
of Rs................. for principal, the sum of Rs..............................for interest on the said principal, the sum of
Rs........ for costs, charges and expenses (other than the costs of the suit) properly incurred by the plaintiff
in respect of the mortgage-security, together with interest thereon, and the sum of
Rs..............................for the costs of the suit awarded to the plaintiff, making in all the sum of Rs ............
2. And it is hereby ordered and decreed as follows:—
(i) that the defendant do pay into Court on or before the............... day of............................ or any
later date up to which time for payment may be extended by the Court, the said sum of Rs..............;
(ii) that on such payment and on payment thereafter before such date as the Court may fix of such
amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and
expenses as may be payable under rule 10, together with such subsequent interest as may be payable
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff
shall bring into Court all documents in his possession or power relating to the mortgaged property in the
plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as
he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the
said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming
under him or any person under whom he claims and shall, if so required, deliver up to the defendant
quite and peaceable possession of the said property.
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff
may apply to the Court for a final decree for the sale of the mortgaged property; and on such application
being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the
purposes of such sale the plaintiff shall produce before the Court or such officer as it appoints all
documents in his possession or power relating to the mortgaged property.
4. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
Court and shall be duly applied (after deduction herefrom of the expenses of the sale) in payment of the
amount payable to the plaintiff under this decree and under any further orders that may be passed in this
suit and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such
costs of the suit, and such costs, charges and expenses as may be payable under rule 10, together with
such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the
Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons
entitled to receive the same.
5. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
sufficient or payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at
liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law
for the time being in force) to apply for a personal decree against the defendant for the amount of the
balance; and that the parties are at liberty to apply to the Court from time to time as they may have
occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
_Schedule_
_Description of the mortgaged property.]_
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Form 3 to 11.
-----
1[No. 6
FINAL DECREE FOR SALE
(Order XXXIV, rule 5.)
_(Title)_
Upon reading the preliminary decree passed in this suit on the.........day of.............. and further orders
(if any) dated the ........ day of........ and the application of the plaintiff dated the........day........ of
for a final decree and after hearing the parties and it appearing that the payment directed by the said
decree and orders has not been made by the defendant or any person on his behalf or any other person
entitled to redeem the mortgage.
It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree
mentioned or a sufficient part thereof be sold and that for the purposes of such sale the plaintiff shall
produce before the Court or such officer as it appoints all documents in his possession or power relating
to the mortgaged property.
2. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
the Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of
the amount payable to the plaintiff under the aforesaid preliminary decree and under any further orders
that may have been passed in this suit and in payment of any amount which the Court may have adjudged
due to the plaintiff for such costs of the suit including the costs of this application and such costs, charges
and expenses as may be payable under rule 10, together with such subsequent interest as may be payable
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the
balance, if any, shall be paid to the defendant or other persons entitled to receive the same.]
1[No. 7
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
FOR FORECLOSURE IS PASSED
(Order XXXIV, rule 7.—Where accounts are directed to be taken.)
(Title)
This suit coming on this......... day, etc.; It is hereby ordered and decreed that it be referred
to............ as the Commissioner to take the account following:—
(i) an account of what is due on this date to the defendant for principal and interest on the
mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or
where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable);
(ii) an account of the income of the mortgaged property received up to this date by the defendant
or by any other person by order or for the use of the defendant or which without the wilful default of
the defendant or such person might have been so received;
(iii) an account of all sums of money property incurred by the defendant up to this date for costs,
charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with
interest thereon (such interest to be computed at the rate agreed between the parties, or failing such rate,
at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum);
(iv) an account of any loss or damage caused to the mortgaged property before this date by any
act or omission of the defendant which is destructive of, or permanently injurious to, the property or
by his failure to perform any of the duties imposed upon him by any law for the time being in force or
by the terms of the mortgage-deed.
2. It is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due
under clause _(iv)_ above together with interest thereon, shall be adjusted against any sums paid by the
defendant under clause _(iii)_ together with interest thereon, and the balance, if any, shall be added to the
mortgage-money or, as the case may be, be debited in reduction of the amount due to the defendant on
1. Subs. by Act 21 of 1929, s. 9 and the Sch., for Forms 3 to 11.
-----
account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the
principal.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court
with all convenient despatch after making all just allowances on or before the..………………………day
of…………………, and that upon such report of the Commissioner being received, it shall be confirmed
and countersigned, subject to such modification as may be necessary after consideration of such
objections as the parties to the suit may make.
4. And it is hereby further ordered and decreed—
(i) that the plaintiff do pay into Court on or before the ......... day of ........., or any later date up to
which time for payment may be extended by the Court, such sum as the Court shall find due and the
sum of Rs. ......... for the costs of the suit awarded to the defendant;
(ii) that, on such payment, and on payment thereafter before such date as the Court may fix of such
amount as the Court may adjudge due in respect of such costs of the suit, and such costs, charges and
expenses as may be payable under rule 10, together with such subsequent interest as may be payable
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the
defendant shall bring into Court all documents in his possession or power relating to the mortgaged
property, in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to
such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said
property free from the said mortgage and clear of and from all in-cumbrances created by the defendant
or any person claiming under him or any person under whom he claims and free from all liability
whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff
quiet and peaceable possession of the said property.
5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
shall be at liberty to apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely
debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule
annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the
said property; and that the parties shall be at liberty to apply to the Court from time to time as they may
have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
_Schedule_
_Description of the mortgaged property]_
1[No. 7A
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR
DECREE A DECREE FOR SALE IS PASSED
(Order XXXIV, rule 7.—Where accounts are directed to be taken.)
(Title)
This suit coming on this .........day, etc.; It is hereby ordered and decreed that it be referred to ……. as
the Commissioner to take the accounts following :—
(i) an account of what is due on this date to the defendant for principal and interest on the
mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or
where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable);
_(ii) an account of the income of the mortgaged property received up to this date by the defendant_
or by any other person by the order or for the use of the defendant or which without the wilful default
of the defendant or such person might have been so received;
(iii) an account of all sums of money property incurred by the defendant up to this date for costs,
charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with
interest thereon (such interest to be computed at the rate agreed between the parties, or failing such rate,
at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum);
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.
-----
(iv) an account of any loss or damage caused to the mortgaged property before this date by any
act or omission of the defendant which is destructive of, or permanently injurious to, the property or
by his failure to perform any of the duties imposed upon him by any law for the time being in force or
by the terms of the mortgage-deed.
2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged
due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid
by the defendant under clause (iii) together with interest thereon, and the balance, if any, shall be added to
the mortgage-money, or, as the case may be, be debited in reduction of the amount due to the defendant
on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the
principal.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court
with all convenient despatch after making all just allowances on or before the …………… day
of……………., and that, upon such report of the Commissioner being received, it shall be confirmed and
countersigned, subject to such modification as may be necessary after consideration of such objections as
the parties to the suit may make.
4. And it is hereby further ordered and decreed—
(i) that the plaintiff do pay into Court on or before the ………………. day of ………….. or any
later date up to which time for payment may be extended by the Court, such sum as the Court shall
find due and the sum of Rs. ………………… for the costs of the suit awarded to the defendant;
(ii) that, or such payment and on payment thereafter before such date as the Court may fix of such
amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and
expenses as may be payable under rule 10, together with such subsequent interest as may be payable
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the
defendant shall bring into Court all documents in his possession or power relating to the mortgaged
property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to
such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said
property free from the said mortgage and clear of and from all incumbrances created by the defendant
or any person claiming under him or any person under whom the claims and shall, if so required,
deliver up to the plaintiff quiet and peaceable possession of the said property.
5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
may apply to the Court for a final decree for the sale of the mortgaged property; and on such application
being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the
purposes of such sale the defendant shall produce before the Court or such officer as it appoints, all
documents in his possession of power relating to the mortgaged property.
6. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the
amount payable to the defendant under this decree and under any further orders that may be passed in his
suit and in payment of any amount which the Court may adjudge due to the defendant in respect of such
costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such
subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code
of Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or other persons
entitled to receive the same.
7. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
sufficient for payment in full of the amount payable to the defendant as aforesaid, the defendant shall be
at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law
for the time being in force) to apply for a personal decree against the plaintiff for the amount of the
balance; and the parties are at liberty to apply to the Court from time to time as they may have occasion,
and on such application or otherwise the Court may give such directions as it thinks fit.
_Schedule_
(Description of the mortgaged property).]
-----
1[No. 7B
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
FOR FORECLOSURE IS PASSED
(Order XXXIV, rule 7.—Where the Court declares the amount due.)
(Title)
This suit coming on this …….……. day, etc.; It is hereby declared that the amount due to the
defendant on the mortgage mentioned in the plaint calculated up to this …….. day of ………… is the
sum of Rs. …….…… for principal, the sum of Rs. ………… for interest on the said principal, the sum of
Rs. ………... for costs, charges and expenses (other than the costs of the suit) properly incurred by the
defendant in respect of the mortgage-security together with interest thereon, and the sum of Rs. …...…….
for the costs of the suit awarded to the defendant, making in all the sum of Rs. ……………
2. And it is hereby ordered and decreed as follows:—
(i) that the plaintiff do pay into Court on or before the.………….. day of …………. or any later
date up to which time for payment may be extended by the Court the said sum of Rs. ……………
(ii) that, on such payment and on payment thereafter before such date as the Court may fix of
such amount as the Court may adjudge due in respect of such cost of the suit and such costs, charges
and expenses as may be payable under rule 10, together with such subsequent interest as may be
payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908,
the defendant shall bring into Court all documents in his possession or power relating to the
mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the
plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or
re-transfer the said property free from the said mortgage and clear of and from all incumbrances
created by the defendant or any person claiming under him or any person under whom he claims, and
free from all liability whatsoever arising from the mortgage or this suit and shall, if so required,
deliver up to the plaintiff quiet and peaceable possession of the said property.
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
may apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely debarred and
foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed
hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said
property; and that the parties shall be at liberty to apply to the Court from time to time as they may have
occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
_Schedule_
_Description of the mortgaged property]_
1[No. 7C
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
FOR SALE IS PASSED
(Order XXXIV, rule 7.—Where the Court declares the amount due.)
(Title)
This suit coming on this …………… day, etc.; It is hereby declared that the amount due to the
defendant on the mortgage mentioned in the plaint calculated up to this ………… day of ……….. is the
sum of Rs. ………….. for principal, the sum of Rs. ………... for interest on the said principal, the sum of
Rs. ………….. for costs, charges and expenses (other than the costs of the suit) properly incurred by the
defendant in respect of mortgage-security together with interest thereon, and the sum of Rs. ………… for
the cost of this suit awarded to the defendant, making in all the sum of Rs. ……………
2. And it is hereby ordered and decreed as follows:—
(i) that the plaintiff do pay into Court on or before the ………… day of …………… or any later
date up to which time for payment may he extended by the Court the said sum of Rs. …………… ;
1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.
-----
(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such
amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and
expenses as may be payable under rule 10, together with such subsequent interest as may be payable
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendant
shall bring into Court all documents in his possession or power relating to the mortgaged property in the
plaint mentioned, and all such documents shall be delivered over to the plaintiff or such person as he
appoints, and the defendant shall, if so required, re-convey or re-transfer the said property to the plaintiff
free from the said mortgage and clear of and from all incumbrances created by the defendant or any
person claiming under him or any person under whom he claims and shall, if so required, deliver up to the
plaintiff quiet and peaceable possession of the said property.
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
may apply to the Court for a final decree for the sale of the mortgaged property; and on such application
being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the
purposes of such sale the defendant shall produce before the Court or such officer as it appoints all
documents in his possession or power relating to the mortgaged property.
4. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the
amount payable to the defendant under this decree and under any further orders that may be passed in this
suit and in payment of any amount which the Court may adjudge due to the defendant in respect of such
costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such
subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code
of Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or other persons
entitled to the same.
5. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
sufficient for the payment in full of the amount payable to the defendant as aforesaid, the defendant shall
be at liberty (where such remedy is open to him under the terms of the mortgage and is not barred by any
law for the time being in force) to apply for a personal decree against the plaintiff for the amount of the
balance; and that the parties are at liberty to apply to the Court from time to time as they may have
occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
_Schedule_
_Description of the mortgaged property]_
1[No. 7D
FINAL DECREE FOR FORECLOSURE IN A REDEMPTION SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR
(Order XXXIV, rule 8.)
(Title)
Upon reading the preliminary decree in this suit on the .............…. day of ……….…. and further
order (if any) dated the ………..…… day of ……………..., and the application of the defendant dated
the ……….... day of ………..…… for a final decree and after hearing the parties, and it appearing that
the payment as directed by the said decree and orders has not been made by the plaintiff or any person on
his behalf or any other person entitled to redeem the mortgage.
It is hereby ordered and decreed that the plaintiff and all persons claiming through or under him be
and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the
property in the aforesaid preliminary decree mentioned *[and (if the plaintiff _be in possession of the said_
_mortgaged property) that the plaintiff shall deliver to the defendant quit and peaceable possession of the_
said mortgaged property].
2. And it is hereby further declared that the whole of the liability whatsoever of the plaintiff up to this
day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharge and
extinguished.
1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.
- Words not required to be deleted.
-----
1[No. 7E
FINAL DECREE FOR SALE IN A REDEMPTION ON SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR
(Order XXXIV, rule 8)
(Title)
Upon reading the preliminary decree in this suit on the ……………. day of ……………….. and
further order (if any) dated the …………….. day of ……………….., and the application of the
defendant dated the ……………… day of ………………. for a final decree and after hearing the parties,
and it appearing that the payment directed by the said decree and orders has not been made by the
plaintiff or any person on his behalf or any other person entitled to redeem the mortgage;
It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree
mentioned or a sufficient part thereof be sold and that for the purposes of such sale the defendant shall
produce before the Court, or such officer as it appoints, all documents in his possession or power relating
to the mortgaged property.
2. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the
amount payable to the defendant under the aforesaid preliminary decree and under any further orders that
may have been passed in this suit and in payment of any amount which the Court may have adjudged due
to the defendant for such costs of this suit including the costs of this application and such costs, charges
and expenses as may be payable under rule l0, together with the subsequent interest as may be payable
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the
balance, if any, shall be paid to the plaintiff or other persons entitled to receive the same.]
1[No. 7F
FINAL DECREE IN A SUIT FOR FORECLOSURE, SALE OR REDEMPTION WHERE THE MORTGAGOR PAYS THE
AMOUNT OF THE DECREE
(Order XXXIV, rule 3, 5 and 8)
(Title)
This suit coming on this ................................. day for further consideration and it appearing that on
the …………….. day of ……………….. the mortgagor or …………….., the same being a person
entitled to redeem, has paid into Court all amounts due to the mortgagee under the preliminary decree
dated the …………………. day of ……………….. ; It is hereby ordered and decreed that:—
(i) the mortgagee do execute a deed of re-conveyance of the property in the aforesaid preliminary
decree mentioned in favour of the mortgagor *[or, as the case may be, ……………….. who has
redeemed the property] or an acknowledgement of the payment of the amount due in his favour;
(ii) the mortgagee do bring into Court all documents in his possession and power relating to the
mortgaged property in the suit.
2. And it is hereby further ordered and decreed that upon the mortgagee executing the deed of re
conveyance or acknowledgement in the manner aforesaid,—
(i) the said sum of Rs. ……………… be paid out of Court to the mortgagee;
(ii) the said deeds and documents brought into the Court be delivered out of Court to the
mortgagor *[or the person making the payment] and the mortgagee do, when so required, concur in
registering, at the cost of the mortgagor *[or other person making the payment], the said deed of
re-conveyance or the acknowledgement in the office of the Sub-Registrar of ……………….; and
(iii) *[if the mortgagee, plaintiff or defendant, as the case may be, is in possession of the
mortgaged property] that the mortgagee do forthwith deliver possession of the mortgaged property in
1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.
- Words not required to be deleted.
281
-----
the aforesaid preliminary decree mentioned to the mortgagor *[or such person as aforesaid who has
made the payment].
1[No. 8
DECREE AGAINST MORTGAGOR PERSONALLY FOR BALANCE AFTER THE SALE OF THE MORTGAGED
PROPERTY
(Order XXXIV, rules 6 and 8A)
(Title)
Upon reading the application of the mortgagee (the plaintiff or defendant, as the case may be) and
reading the final decree passed in the suit on the .................... day of ......................... and the Court being
satisfied that the net proceeds of the sale held under the aforesaid final decree amounted to Rs. ………….
and have been paid to the applicant out of the Court on the ………………... day of ……………….. and
that the balance now due to him under the aforesaid decree is Rs. ………… ;
And whereas it appears to the Court that the said sum is legally recoverable from the mortgagor
(plaintiff or defendant, as the case may be) personally;
It is hereby ordered and decreed as follows:—
That the mortgagor (plaintiff or defendant, as the case may be) do pay to the mortgagee (defendant or
plaintiff, as the case may be) the said sum of Rs. …………. with further interest at the rate of six per cent.
per annum from the ………………… day of ……………….. (the date of payment out of Court referred
to above) up to the date of realisation of the said sum, and the costs of this application.]
1[No. 9
PRELIMINARY DECREE FOR FORECLOSURE OF SALE
[Plaintiff . . . . . . . . . . . 1st Mortgagee,
_vs_
Defendant No. 1 . . . . . . . . . . . Mortgagor,
Defendant No. 2 . . . . . . . . . . . 2nd Mortgagee.]
(Order XXXIV, rules 2 and 4)
_(Title)_
The suit coming on this ……………. day, etc; It is hereby declared that the amount due to the
plaintiff on the mortgage mentioned in the plaint calculated up to this day of ……………… is the sum of
Rs. ………………….. for principal, the sum of Rs. …………………. for interest on the said principal,
the sum of Rs. ……………… for costs, charges and expenses (other than the costs of the suit) incurred
by the plaintiff in respect of the mortgage-security with interest thereon and sum of Rs. …………… for
the costs of this suit awarded to the plaintiff, making in all the sum of Rs. …………….. .
_(Similar declarations to be introduced with regard to the amount due to defendant No. 2 in respect_
_of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.)_
2. It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to
defendant No. 2 [*][or (if there are several subsequent mortgagees) that the several parties hereto are
entitled in the following order to the payment of the sums due to them respectively:—].
3. And it is hereby ordered and decreed as follows:—
(i) (a) that defendants or one of them do pay into Court on or before the ………................... day
of ……..…….. or any later date up to which time for payment has been extended by the Court the
said sum of Rs. …………….. due to the plaintiff; and
1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.
- Words not required to be deleted.
282
-----
(b) that defendant No. 1 do pay into Court on or before the day of ……………………. or any later
date up to which time for payment has been extended by the Court the said sum of Rs. …………… due
to defendant No. 2; and
(ii) that, on payment of the sum declared to be due to the plaintiff by defendants or either of them in
the manner prescribed in clause (i) (a) and on payment thereafter before such date as the Court may fix of
such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and
expenses as may be payable under rule 10, together with such subsequent interest as may be payable
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff
shall bring into Court all documents in his possession or power relating to the mortgaged property in the
plaint mentioned, and all such documents shall be delivered over to the defendant No………. (who has
made the payment), or to such person as he appoints, and the plaintiff shall, if so required, re-convey or
re-transfer the said property free from the said mortgage and clear of and from all incumbrances created
by the plaintiff or any person claiming under him or any person under whom he claims, and also free
from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to
the defendant No……… (who has made the payment) quiet and peaceable possession of the said
property.
(Similar declarations to be introduced, if defendant No. 1 pays the amount found or declared to be
_due to defendant No. 2 with such variations as may be necessary having regard to the nature of his_
_mortgage)._
4. And it is hereby further ordered and decreed that, in default of payment as aforesaid of the amount
due to the plaintiff, the plaintiff shall be at liberty to apply to the Court for a final decree—
(i) *[in the case of a mortgage by conditional sale or an anomalous mortgage where the only
_remedy provided for in the mortgage-deed is foreclosure and not sale] that the defendants jointly and_
severally shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem
the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver to
the plaintiff quiet and peaceable possession of the said property; or
(ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof
shall be sold; and that for the purposes of such sale the plaintiff shall produce before Court or such
officer as it appoints, all documents in his possession or power relating to the mortgaged property;
and
(iii) *[in the case where a sale is ordered under clause 4 (ii) above] that the money realised by
such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of
the sale) in payment of the amount payable to the plaintiff under this decree and under any further
orders that may have been passed in this suit and in payment of the amount which the Court may
adjudge due to the plaintiff in respect of such costs of the suit and such costs, charges and expenses as
may be payable under rule 10, together with such subsequent interest as may be payable under
rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the
balance, if any, shall be applied in payment of the amount due to defendant No. 2; and that if any
balance be left, it shall be paid to the defendant No. 1 or other persons entitled to receive the same;
and
(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the
amounts due to the plaintiff and defendant No. 2, the plaintiff or defendant No. 2 or both of them, as
the case may be, shall be at liberty (when such remedy is open under the terms of their respective
mortgages and is not barred by any law for the time being in force) to apply for a personal decree
against defendant No. 1 for the amounts remaining due to them respectively.
- Words not required to be deleted.
283
-----
5. And it is hereby further ordered and decreed—
(a) that if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the
plaintiff, but defendant No. 1 makes default in the payment of the said amount, defendant No. 2 shall
be at liberty to apply to the Court to keep the plaintiff's mortgage alive for his benefit and to apply for
a final decree (in the same manner as the plaintiff might have done under clause 4 above)—
*[(i) that defendant No. 1 shall thenceforth stand absolutely debarred and foreclosed of and
from all right to redeem the mortgaged property described in the Schedule annexed hereto and
shall, if so required, deliver up to defendant No. 2 quiet and peaceable possession of the said
property;] or
_*[(ii)_ that the mortgaged property or a sufficient part thereof be sold and that for the purposes
of such sale defendant No. 2 shall produce before the Court or such officer as it appoints, all
documents in his possession or power relating to the mortgaged property;] and
(b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the
whole of the liability of defendant No. 1 arising from the plaintiff's mortgage or from the mortgage of
defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.
6. And it is hereby further ordered and decreed * [in the case where a sale is ordered under clause 5
_above]—_
(i) that the money realised by such sale shall be paid into Court and be duly applied (after deduction
therefrom of the expenses of the sale) first in payment of the amount paid by defendant No. 2 in respect
of the plaintiff's mortgage and the costs of the suit in connection therewith and in payment of the
amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that
the balance, if any, shall then be applied in payment of the amount adjudged due to defendant No. 2 in
respect of his own mortgage under this decree and any further orders that may be passed and in payment
of the amount which the Court may adjudge due in respect of such costs of this suit and such costs,
charges and expenses as may be payable to defendant No. 2 under rule 10, together with such
subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code
of Civil Procedure, 1908, and that the balance, if any, shall be paid to defendant No. 1 or other persons
entitled to receive the same; and
(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due
in respect of the plaintiff's mortgage or defendant No. 2’s mortgage, defendant No. 2 shall be at liberty
(where such remedy is open to him under the terms of his mortgage and is not barred by any law for the
time being in force) to apply for a personal decree against No. 1 for the amount of the balance.
7. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court
from time to time as they may have occasion, and on such application or otherwise the Court may give
such directions as it thinks fit.
_Schedule_
_Description of the mortgaged property_
1[No. 10
PRELIMINARY DECREE FOR REDEMPTION OF PRIOR MORTGAGE AND FORECLOSURE OR SALE ON
SUBSEQUENT MORTGAGE
[Plaintiff . . . . . . . 2nd Mortgagee,
_vs._
Defendant No. 1. . . . . . . Mortgagor,
Defendant No. 2 . . . . . . 1st Mortgagee].
1. Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11.
- Words not required to be deleted.
284
-----
(Order XXXIV, rules 2, 4, and 7)
(Title)
The suit coming on this ……... day, etc.; It is hereby declared that the amount due to defendant No. 2
on the mortgage mentioned in the plaint calculated up to this ……..…. day of ………..…. is the sum of
Rs. ………...….. for principal, the sum of Rs. ……………. for interest on the said principal, the sum of
Rs. ………….. for costs, charges and expenses (other than the costs of the suit) properly incurred by
defendant No. 2 in respect of the mortgage-security with interest thereon and the sum of Rs. ………. for
the costs of this suit awarded to defendant No. 2, making in all the sum of Rs. ……………….
(Similar declarations to be introduced with regard to the amount due from defendant No. 1 to the
_plaintiff in respect of his mortgage if the mortgage-money due thereunder has become payable at the date_
_of the suit.)_
2. It is further declared that defendant No. 2 is entitled to payment of the amount due to him in
priority to the plaintiff *[or ( if there are several subsequent mortgages) that the several parties hereto are
entitled in the following order to the payment of the sums due to them respectively :—]
3. And it is hereby ordered and decreed as follows:—
(i) (a) that the plaintiff or defendant No. 1 or one of them do pay into Court on or before the ….
day of ………………. or any later date up to which time for payment has extended by the Court the
said sum of Rs. ………………. due to defendant No. 2; and
(b) that defendant No. 1 do pay into Court on or before the ……………. day of …………….. or
any later date up to which time for payment has been extended by the Court the said sum of Rs.
………… due ……………… to the plaintiff; and
(ii) that, on payment of the sum declared due to defendant No. 2 by the plaintiff defendant No 1 or
either of them in the manner prescribed in clause (i)(a) and on payment thereafter before such date as
the Court may fix of such amount as the Court may adjudge due respect of such costs of the suit and
such costs, charges and expenses as may be payable under rule 10, together with such subsequent
interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil
Procedure, 1908, defendant No. 2 shall bring into Court all documents in his possession or power
relating to the mortgaged property in the plaint mentioned and all such documents shall be delivered
over to the plaintiff or defendant No. 1 (whoever made the payment), or to such person as he appoints,
and defendant No. 2 shall, if so required, reconvey or re-transfer the said property free from the said
mortgage and clear of and from all incumbrances created by defendant No. 2 or any person claiming
under him or any person under whom he claims, and also free from all liability whatsoever arising
from the mortgage or this suit and shall, if so required, deliver up to the plaintiff or defendant No. 1
(whoever has made the payment) quiet and peaceable possession of the said property.
_(Similar declarations) to be introduced, if defendant No. 1 pays the amount found or declared due the_
_plaintiff with such variations as may be necessary having regard to the nature of his mortgage.)_
4. And it is hereby further ordered and decreed that, in default of payment as aforesaid, of the amount
due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court that the suit be dismissed
or a final decree—
(i) *[in the case of a mortgage by conditional sale or an anomalous mortgage where the or remedy
_provided for in the mortgage-deed is foreclosure and not sale]_ that the plaintiff and defendant No. 1
jointly and severally shall thenceforth stand absolutely debarred and foreclosed of and from all right to
redeem the mortgaged property described in the Schedule annexed hereto and shall; if required, deliver
to the defendant No. 2 quiet and peaceable possession of the said property; or
- Words not required to be deleted.
285
-----
(ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof
shall be sold; and that for the purposes of such sale defendant No. 2 shall produce before the Court
such officer as it appoints, all documents in his possession or power relating to the mortgaged
property and
(iii) *[in the case where a sale is ordered under clause 4 (ii) above] that the money realised such
sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of sale) in
payment of the amount payable to defendant No. 2 under the decree and any further orders that may be
passed in this suit and in payment of the amount which the Court may adjudge due to defendant No. 2 in
respect of such costs of the suit and such costs, charges and expenses as may be payable to plaintiff
under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV
of the First Schedule to the Code of Civil Procedure, 1908; and that the balance, if any, shall applied in
payment of the amount due to the plaintiff and that, if any balance be left, it shall be paid defendant
No. 1 or other persons entitled to receive the same; and
(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts
due to defendant No. 2 and the plaintiff, defendant No. 2 or the plaintiff or both of them, as the case may
be, shall be at liberty (when such remedy is open under the terms of their respective mortgages and is not
barred by any law for the time being in force) to apply for a personal decree against defendant No. 1 for
the amounts remaining due to them respectively.
5. And it is hereby further ordered and decreed,—
(a) that, if the plaintiff pays into Court to the credit of this suit the amount adjudged due to
defendant No. 2 but defendant No. 1 makes default in the payment of the said amount, the plaintiff shall
be at liberty to apply to the Court to keep defendant No. 2’s mortgage alive for his benefit and to apply
for final decree (in the same manner as the defendant No. 2 might have done under clause 4 above)—
_*[(i)_ that defendant No. 1 shall thenceforth stand absolutely debarred and foreclosed of and
from all right to redeem the mortgaged property described in the Schedule annexed hereto and
shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said
property]; or
*[(ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes
of such sale the plaintiff shall produce before the Court or such officer as it appoints, all
documents in his possession or power relating to the mortgaged property;] and
(b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the
whole of the liability of defendant No. 1 arising from the plaintiff’s mortgage or from the mortgage of
defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.
6. And it is hereby further ordered and decreed (in the case where a sale is ordered under clause 5
_above)—_
(i) that the money realised by such sale shall be paid into Court and be duly applied (after
deduction therefrom of the expenses of the sale) first in payment of the amount paid by the plaintiff in
respect of defendant No. 2’s mortgage and the cost of the suit in connection therewith and in payment
of the amount which the Court may adjudge due in respect of subsequent interest on the said amount;
and that the balance, if any, shall then be applied in payment of the amount adjudged due to the
plaintiff in respect of his own mortgage under this decree and any further orders that may be passed
and in payment of the amount which the Court may adjudge due in respect of such costs of the suit
and such costs, charges and expenses as may by payable to the plaintiff under rule 10, together with
such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to
the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to defendant No. 1 or
other persons entitled to receive the same; and
- Words not required to be deleted
286
-----
(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the
amount due in respect of defendant No. 2’s mortgage or the plaintiff's mortgage, defendant No. 2
shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not
barred by any law for the time being in force) to apply for a personal decree against defendant No. 1
for the amount of the balance.
7. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court
from time to time as they may have occasion, and on such application or otherwise the Court may give
such directions as it thinks fit.
_Schedule_
_Description of the mortgaged property]_
1[No. 11
PRELIMINARY DECREE FOR SALE
Plaintiff . . . . . . . Sub or derivative mortgagee
_vs._
[Defendant No. 1 . . . . . . Mortgagor,
Defendant No. 2 . . . . . . Original Mortgagee.]
(Order XXXIV, rule 4)
_(Title)_
This suit coming on the ………….…….. day, etc.; It is hereby declared that the amount due to
defendant No. 2 on his mortgage calculated up to this ………………… day of ……………. is the sum of
Rs. …………..…. for principal, the sum of Rs. ……………… for interest on the said principal, the sum
of Rs. …………….. for costs, charges and expenses (other than the costs of the suit) in respect of the
mortgage-security together with interest thereon and the sum of Rs. …………… for the costs of the suit
awarded to defendant No. 2, making in all the sum of Rs. ……………
(Similar declarations to be introduced with regard to the amount due from defendant No. 2 to the
_plaintiff in respect of his mortgage.)_
2. And it is hereby ordered and decreed as follows:—
(i) that defendant No. 1 do pay into Court on or before the said ………… day of ………… or any
later date of up to which time for payment may be extended by the Court the said sum of Rs. ……….
due to defendant No. 2;
(Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant No. 2
_being at liberty to pay such amount.)_
(ii) that, on payment of the sum declared due to defendant No. 2 by defendant No. 1 in the
manner prescribed in clause 2 (i) and on payment thereafter before such date as the Court may fix of
such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges
and expenses as may be payable under rule 10, together with such subsequent interest as may be
payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908
the plaintiff and defendant No. 2 shall bring into Court all documents in their possession or power
relating to the mortgaged property in the plaint mentioned, and all such documents (except such as
relate only to the sub-mortgage) shall be delivered over to defendant No. 1, or to such person as he
appoints, and defendant No. 2 shall, if so required, re-convey or re-transfer the property to defendant
No. 1 free from the said mortgage clear of and from all encumbrances created by defendant No. 2 or
any person claiming under him or any person under whom he claims, and free from all liability
1. Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11.
- Words not required to be deleted.
287
-----
arising from the mortgage or this suit and shall, if so required, deliver up to defendant No. 1 quiet and
peaceable possession of the said property; and
(iii) that, upon payment into the Court by defendant No. 1 of the amount due to defendant No. 2
the plaintiff shall be at liberty to apply for payment to him of the sum declared due to him together
with any subsequent costs of the suit and other costs, charges and expenses, as may be payable under
rule 10, together with such subsequent interests as may be payable under rule 11, of Order XXXIV of
the First Schedule to the Code of Civil Procedure, 1908; and that the balance, if any, shall then be
paid to defendant No. 2; and that if the amount paid into the Court be not sufficient to pay in full the
sum due to the plaintiff, the plaintiff shall be at liberty (if such remedy is open to him by the terms of
the mortgage and is not barred by any law for the time being in force) to apply for a personal decree
against as defendant No. 2 for the amount of the balance.
3. And it is further ordered and decreed that if defendant No. 2 pays into Court to the credit of this
suit the amount adjudged due to the plaintiff, the plaintiff shall bring into the Court all documents, etc.,
[as in sub-clause (ii) of clause 2].
4. And it is hereby further ordered and decreed that, in default of payment by defendant Nos. 1 and 2
as aforesaid, the plaintiff may apply to the Court for a final decree for sale, and on such application being
made the mortgaged property or a sufficient part thereof shall be directed to be sold; and that for the
purposes of such sale the plaintiff and defendant No. 2 shall produce before the Court or such officer as it
appoints, all documents in their possession or power relating to the mortgaged property.
5. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
Court and be duly applied (after deduction therefrom of the expenses of the sale) first in payment of the
amount due to the plaintiff as specified in clause 1 above with such costs of the suit and other costs, charges
and expenses as may be payable under rule 10, together with such subsequent interest as may be payable
under rule 11, of order) XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the
balance, if any, shall be applied in payment of the amount due to defendant No. 2; and that, if any balance
be left, it shall be paid to defendant No. 1 or other persons entitled to receive the same.
6. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
sufficient for payment in full of the amounts payable to the plaintiff and defendant No. 2, the plaintiff or
defendant No. 2, or both of them, as the case may be, shall be at liberty (if such remedy is open under
their respective mortgages and is not barred by any law for the time being in force) to apply for a personal
decree against defendant No. 2 or defendant No. 1 (as the case may be) for the amount of the balance.
7. And it is hereby further ordered and decreed that, if defendant No. 2 pays into Court to the credit of
this suit the amount adjudged due to the plaintiff, but defendant No. 1 makes default in payment of the
amount due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court for a final decree
for foreclosure or sale (as the case may be)—(declarations in the ordinary form to be introduced
_according to the nature of defendant No. 2’s mortgage and the remedies open to him thereunder)._
8. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court as
they may have occasion, and on such application or otherwise the Court may give such directions as it
thinks fit.
_Schedule_
_Description of the mortgaged property]_
**No. 12**
DECREE FOR RECTIFICATION OF INSTRUMENT
(Title)
IT is hereby declared that ……………., dated the ……………. day of …………… 20 …...., does
not truly express the intention of the parties to such …………………….
And it is decreed that the said ……………….. be rectified by …………………..
Here insert name of proper officer.
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**No. 13**
DECREE TO SET ASIDE A TRANSFER IN FRAUD OF CREDITORS
(Title)
IT is hereby declared that the ……………, dated the …………… day of ………. 20 …….., and
made between …………… and ……….., is void as against the plaintiff and all other the creditors, if any,
of the defendant
No. 14
INJUNCTION AGAINST PRIVATE NUISANCE
(Title)
LET the defendant ………………., his agents, servants and workmen, be perpetually restrained from
burning, or causing to be burnt, any bricks on the defendant’s plot of land marked B in the annexed plan,
so as to occasion a nuisance to the plaintiff as the owner or occupier of the dwelling-house and garden
mentioned in the plaint as belonging to and being occupied by the plaintiff.
No. 15
INJUNTION AGAINST BUILDING HIGHER THAN OLD LEVEL
(Title)
LET the defendant …………….., his contractors, agents and workmen, be perpetually restrained
from continuing to erect upon his premises ………………… any house or building of a greater height
than the buildings which formerly stood upon his said premises and which have been recently pulled down,
so or in such manner as to darken, injure or obstruct such of the plaintiff’s windows in his said premises as
are ancient lights.
No.16
INJUNCTION RESTRAINING USE OF PRIVATE ROAD
(Title)
LET the defendant …………….. his agents, servants and workmen, be perpetually restrained from
using or permitting to be used and part of the lane at ……………, the soil of which belongs to the
plaintiff, as a carriage-way for the passage of carts, carriages or other vehicles, either going to or from the
land marked B in the annexed plan or for any purpose whatsoever.
No. 17
PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT
(Title)
IT is ordered that the following accounts and inquiries be taken and made; that is to say :—
_In creditor’s suit—_
1. That an account be taken of what is due to the plaintiff and all other the creditors of the deceased.
_In suits by legatees—_
2. That _an accounts be taken of the legacies given by the testators will,_
_In suits by next-of-kin—_
3. That an inquiry be made and account taken of what or of what share, if any, the plaintiff is entitled
to as next-of-kin [or one of the next-of-kin] of the intestate.
[After the first paragraph, the decree will, where necessary, order, in a creditor’s suit, inquiry and
accounts for legatees, heirs-at-law and next-of-kin. In suits by claimants other than creditors, after the
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first paragraph, in all cases, an order to inquire and take an account of creditors will follow the first
paragraph and such of the others as may be necessary will follow, omitting the first formal words. The
form is continued as in a creditor's suit.]
4. An account of the funeral and testamentary expenses.
5. An account of the movable property of the deceased come to the hands of the defendant, or to the
hands of any other person by his order or for his use.
6. An inquiry what part (if any) of the movable property of the deceased is outstanding and
undisposed of.
7. And it is further ordered that the defendant do, on or before the day of next, pay into, Court
all sums of money which shall be found to have come to his hands, or to the hands of any person by his
order or for his use.
8. And that if the ………….. * shall find it necessary for carrying out the objects of the suit to sell
any part of the movable property of the deceased that the same be sold accordingly, and the proceeds paid
into Court.
9. And that Mr. E. F. be receiver in the suit (or proceeding) and receive and get in all outstanding
debts and outstanding movable property of the deceased, and pay the same into the hands of the ………..
*(and shall give security by bond for the due performance of his duties to the amount of ……….. rupees).
10. And it is further ordered that if the movable property of the deceased be found insufficient for
carrying out the objects of the suit, then the following further inquiries be made, and accounts taken, that
is to say—
(a) an inquiry what immovable property the deceased was seized of or entitled to at the time of
his death;
(b) an inquiry what are the encumbrances (if any) affecting the immovable property of the
deceased or any part thereof;
(c) an account, so far as possible, of what is due to the several incumbrancers, and to include a
statement of the priorities of such of the incumbrancers as shall consent to the sale hereinafter
directed.
11. And that the immovable property of the deceased, or so much thereof as shall be necessary to
make up the fund in Court sufficient to carry out the object of the suit, be sold with the approbation of the
Judge, free from incumbrances (if any) of such incumbrancers as shall consent to the sale and subject to
the incumbrances of such of them as shall not consent.
12. And it is ordered that G. H. shall have the conduct of the sale of the immovable property, and
shall prepare the conditions and contracts of sale subject to the approval of the …………… * and that in
case any doubt or difficulty shall arise the papers shall be submitted to the Judge to settle.
13. And it is further ordered that, for the purpose of the inquiries hereinbefore directed, the ……….
*shall advertise in the newspapers according to the practice of the Court, or shall make such inquiries in
any other way which shall appear to the …....……….. *to give the most useful publicity to such inquiries.
14. And it is ordered that the above inquiries and accounts be made and taken, and that all other acts
ordered to be done be completed, before the day of ……………. and that the ………………* do certify
the result of the injuries, and the accounts, and that all other acts ordered are completed, and have his
certificate in that behalf ready for the inspection of the parties on the ……………. day of …………..
- Here insert name of proper officer.
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15. And, lastly, it is ordered that this suit [or proceedings] stand adjourned for making final decree to
the day of …………………….
[Such part only of this decree is to be used as is applicable to the particular case.]
No. 18
FINAL DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE
(Title)
1. It is ordered that the defendant ………….. do, on or before the ………….. day of ………… pay
into Court the sum of Rs. ………….., the balance by the said certificate found to be due from the said
defendant on account of the estate of …………….., the testator and also the sum of Rs. ……… for
interest, at the rate of Rs. ……………. per cent. per annum, from the …………….. day of ………….. to
the …………. day of …………, amounting together to the sum of Rs. ………………..
2. Let the …………………* of the said Court tax the costs of the plaintiff and defendant in this suit,
and let the amount of the said costs, when so taxed, be paid out of the said sum of Rs. …………….
ordered to be paid into Court as aforesaid, as follows:—
(a) The costs of the plaintiff to Mr. ………………., his attorney [or pleader] or and the costs of
the defendant to Mr. ………………, his attorney [or pleader].
(b) And (if any debts are due) with the residue of the said sum of Rs. …………….. after payment
of the plaintiff’s and defendant's costs as aforesaid let the sums, found to be owing to the several
creditors mentioned in the schedule to the certificate, of the ………….. .*, together with subsequent
interest on such of the debts as bear interest, be paid; and, after making such payments, let the amount
coming to the several legatees mentioned in the ………………. schedule, together with subsequent
interest (to be verified as aforesaid), be paid to them.
3. And if there should then be any residue, let the same be paid to the residuary legatee.
No. 19
PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE, WHERE AN EXECUTOR IS HELD
PERSONALLY LIABLE FOR THE PAYMENT OF LEGACIES
(Title)
1. IT is declared that the defendant is personally liable to pay the legacy of Rs. ………… bequeathed
to the plaintiff. —
2. And it is ordered that an account be taken of what is due for principal and interest on the said
legacy.
3. And it is also ordered that the defendant do, within …………….. weeks after the date of the
certificate of the ……..…… *, pay to the plaintiff the amount of what the ………………. * shall certify
to be due for principal and interest.
4. And it is ordered that the defendant do pay the plaintiff his costs of suit, the same to be taxed in
case the parties differ.
- Here insert name of proper officer.
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No. 20
FINAL DECREE IN AN ADMINISTRATION-SUIT BY NEXT-OF-KIN
(Title)
1. LET the …………….. * of the said Court tax the costs of the “plaintiff and defendant in this suit,
and let the amount of the said plaintiff’s costs, when so taxed, be paid by the defendant to the plaintiff out
of the sum of Rs. ……………., the balance, by the said certificate found to be due from the said
defendant on account of the personal estate of E.F., the intestate, within one week after the taxation of the
said costs by the said ……………….. *and let the defendant retain for her own use out of such sum her
costs, when taxed.
2. And it is ordered that the residue of the said sum of Rs. ………………… after payment of the
plaintiff’s and defendant’s costs as aforesaid, be paid and applied by defendant as follows:—
(a) Let the defendant, within one week after the taxation of the said costs by the * ……………. as
aforesaid, pay one-third share of the said residue to the plaintiffs A.B., and C.D., his wife, in her right
as the sister and one of the next-of-kin of the said E.F., the intestate.
(b) Let the defendant retain for her own use one other third share of said residue, as the mother
and one of the next-of-kin of the said E.F., the intestate.
(c) And let the defendant, within one week after the taxation of the said costs by the *…………..
as aforesaid, pay the remaining one-third share of the said residue to G. H., as the brother and the
other next- of-kin of the said E.F. the intestate.
**No. 21**
PRELIMINARY DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP
ACCOUNTS
(Title)
IT is declared that the proportionate shares of the parties in the partnership are as follows:—
It is declared that this partnership shall stand dissolved [or shall be deemed to have been dissolved] as
from the ………….. day of ………… and it is ordered that the dissolution thereof as from that day be
advertised in the …………………. Gazette, etc.
And it is ordered that ……………… be the receiver of the partnership-estate and effects in this suit
and do get in all the outstanding book-debts and claims of the partnership.
And it is ordered that the following accounts be taken:—
1. An account of the credits, property and effects now belonging to the said partnership;
2. An account of the debts and liabilities of the said partnership;
3. An account of all dealings and transactions between the plaintiff and defendant, from the foot of
the settled account exhibited in this suit and marked (A), and not disturbing any subsequent settled
accounts.
And it is ordered that the goodwill of the business heretofore carried on by the plaintiff and defendant
as in the plaint mentioned; and the stock-in-trade, be sold on the premises, and that the ………….. *may,
on the application of any of the parties, fix a reserved bidding for all or any of the lots at such sale, and
that either of the parties is to be at liberty to bid at the sale.
And it is ordered that the above accounts be taken, and all the other acts required to be done be
completed, before the ……….. day of ………, and that the * ……….. do certify the result of the
accounts, and that all other acts are completed, and have his certificate in that behalf ready for the
inspection of the parties on the day of ……….. And, lastly, it is ordered that this suit stand adjourned for
making a final decree to the ………. day of …………
- Here insert name of proper officer.
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**No. 22**
FINAL DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP ACCOUNT
(Title)
IT is ordered that the fund now in Court, amounting to the sum of Rs. ……………, be applied as
follows:—
1. In payment of the debts due by the partnership set forth in the certificate of the * ………...…..
amounting the whole to Rs. ……………
2. In payment of the costs of all parties in this suit, amounting to Rs. ……………….. [These
_costs must be ascertained before the decree is drawn up.]_
3. In payment of the sum of Rs. …………… to the plaintiff as his share of the partnership-assets,
of the sum of Rs. …………….., being the residue of the said sum of Rs. …………. now in Court, to
the defendant as his share of the partnership-assets.
[Or, And that the remainder of the said sum of Rs. …………… be paid to the said plaintiff (or
defendant) in part payment of the sum of Rs. ……………… certified to be due to him in respect of
the partnership-accounts.]
4. And that the defendant [or plaintiff] do on or before the ………… day of …………. pay to the
plaintiff [or defendant] the sum of Rs. ………… being the balance of the said sum of Rs ………….
due to him, which will then remain due.
**No. 23**
DECREE FOR RECOVERY OF LAND AND MESNE PROFIT
(Title)
IT is hereby decreed as follows:—
1. That the defendant do put the plaintiff in possession of the property specified in the schedule
hereunto annexed.
2. That the defendant do pay to the plaintiff the sum of Rs. ………..... with interest thereon at the
rate of ……….… per cent. per annum to the date of realization on account of mesne profits which
have accrued due prior to the institution of the suit.
_Or_
2. That an inquiry be made as to the account of mesne profits which have accrued due prior to the
institution of the suit.
3. That an inquiry be made as to the amount mesne profits from the institution of the suit
until [the delivery of possession to the decree-holder] [the relinquishment of possession by the
judgment-debtor with notice to the decree-holder through the Court] [the expiration of three years
from the date of the decree].
_Schedule_
- Here insert name of proper officer.
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APPENDIX E
EXECUTION
**No. 1**
NOTICE TO SHOW CAUSE WHY A PAYMENT OR ADJUSTMENT SHOULD NOT BE RECORDED AS CERTIFIED
**(O.21, to r.2.)**
(Title)
WHEREAS in execution of the decree in the above-named suit ………......... has applied to this Court
that the Sum of Rs. …………….. recoverable under the decree has been paid/adjusted and should be
recorded as certified, this is to give you notice that you are to appear before this Court on the …………
day of ………………. 19 ………………., to show cause why the payment/adjustment aforesaid should
not be recorded as certified.
GIVEN under my hand and the seal of the Court, this ……………….. day of 20.
_Judge._
**No. 2**
PRECEPT (Section 46)
(Title)
Upon hearing the decree-holder it is ordered that this precept be sent to the Court of ……………. at
………………… under section 46 of the Code of Civil Procedure, 1908, with directions to attach the
property specified in the annexed schedule and to hold the same pending any application which may be
made by the decree-holder for execution of the decree.
_Schedule_
Dated the ………………….. day of …………… 20
_Judge._
**No. 3**
ORDER SENDING DECREE FOR EXECUTION TO ANOTHER COURT
(O.21, r. 6.)
(Title)
WHEREAS the decree-holder in the above suit has applied to this Court for a certificate to be sent to
the Court of ………………… at ………………… for execution of the decree in the above suit by the
said Court, alleging that the judgment-debtor resides or has property within the local limits, for the
jurisdiction of the said Court, and it is deemed necessary and proper to send a certificate to the said Court
under Order XXI, rule 6, of the Code of Civil Procedure, 1908, it is.
_Ordered:_
That a copy of this order be sent to ....................... with a copy of the decree and of any order which
may have been made for execution of the same and a certificate of non-satisfaction.
Dated the ……………… day of ……………… 20 ………….
_Judge._
**No. 4**
CERTIFICATE OF NON-SATISFACTION OF DECREE
(O.21, r. 6.)
(Title)
CERTIFIED that no[1] satisfaction of the decree of this Court in suit No ……………. of ........20 ……..,
a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court.
Dated the ……………..day of ……………… 20 …………..
_Judge._
_1. If partial, strike out “no” and State to what extent._
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**No. 5**
CERTIFICATE OF EXECUTION OF DECREE TRANSFERRED TO ANOTHER COURT
(O. 21, r. 6.)
(Title)
Number Names Date of Number of Processes Costs of Amount How the Remarks
of suit of application the issued and execution realized case is
and the parties for execution execution dates of disposed
Court by case service of
which the thereof
decree
was
passed
1 2 3 4 5 6 7 8 9
Rs. N.P. Rs. N.P.
_Signature of Muharrir in charge._
_Signature of Judge._
295
|Number of suit and the Court by which the decree was passed|Names of parties|Date of application for execution|Number of the execution case|Processes issued and dates of service thereof|Costs of execution|Col7|Amount realized|Col9|How the case is disposed of|Remarks|
|---|---|---|---|---|---|---|---|---|---|---|
|1|2|3|4|5|6||7||8|9|
||||||Rs.|N.P.|Rs.|N.P.|||
-----
**No. 6**
APPLICATION FOR EXECUTION OF DECREE
(O.21, r.11.)
In the Court of
I, ……………… decree-holder, hereby apply for execution of the decree herein-below set forth:—
Mode in which the assistance of the
Court is required.
2 3 4 5 6 7 8 9 10
[When attachment and sale of movable
_property is sought._
I, Pray that the total amount of Rs.
[together with interest on the principal
sum up to date of payment] and the
cost of taking out this execution, be
realised by attachment and sale of
defendant’s movable property as per
annexed list and paid to me.
[When attachment and sale of immovable
_property is sought.]_
I Pray that the total amount of Rs.
[together with interest on the principal
sum up to date of payment] and the cost
of taking out this execution, be realised
by the attachment and sale of
defendant’s immovable property
specified at the foot of this application
and paid to me.]
296
|No. of Suit|Names of parties|Date of Decree|Whether any appeal preferred from decree|Payment of adjustment made if any|Previous application, if any, with date and result|Amount with interest due upon the decree or other relief granted thereby together with particulars of any cross decree.|Amount of costs, if any, awarded|Against whom to be executed|Mode in which the assistance of the Court is required.|
|---|---|---|---|---|---|---|---|---|---|
|1|2|3|4|5|6|7|8|9|10|
|789 of 1897|A.B. —Plaintiff C.D. —Defendant|October 11, 1897|No.|None|R.s 72-4-0 recorded on application, dated the 4th March, 1899|Rs. 314-8-2 principal [interest at 6 per cent, per annum, from date of decree till payment].|Rs. a. p As awarded in the decree 47 10 4 Subsequently incurred 8 2 0 Total 55 12 4|Against the defendant C.D.|[When attachment and sale of movable property is sought. I, Pray that the total amount of Rs. [together with interest on the principal sum up to date of payment] and the cost of taking out this execution, be realised by attachment and sale of defendant’s movable property as per annexed list and paid to me. [When attachment and sale of immovable property is sought.] I Pray that the total amount of Rs. [together with interest on the principal sum up to date of payment] and the cost of taking out this execution, be realised by the attachment and sale of defendant’s immovable property specified at the foot of this application and paid to me.]|
-----
I ………………… declare that what is stated herein is true to the best of my knowledge and belief.
_Signed_ _, decree-holder._
Dated the ………………….. day of …………….. 20
[When attachment and sale of immovable property is sought.]
_Description and specification of property_
The undivided one-third share of the judgment-debtor in a house situated in the village of ………….
value Rs. 40, and bounded as follows:—
East by G’s house; west by H’s house; south by public road; north by private lane and J’s
house.
I ……………….. declare that what is stated in the above description is true to the best of my
knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the
property therein specified.
_Signed..................,_ _decree-holder._
**No. 7**
NOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE
1[(O. 21, r.16.)]
(Title)
To
WHEREAS ………………… has made application to this Court for execution of decree in Suit
No. ……………… of 20…..., on the allegation that the said decree has been transferred to him by
assignment [2][or without assignment], this is to give you notice that you are to appear before this Court
……………. on the ………….. day of …………………. 20………………., to show cause why
execution should not be granted.
GIVEN under my hand and the seal of the Court, this.............day of..............20.........
_Judge_ .
**No. 8**
WARRANT OF ATTACHMENT OF MOVABLE PROPERTY IN EXECUTION OF A DECREE
FOR MONEY (O.21. r. 30.)
(Title)
T o
The Bailiff of the Court
Decree WHEREAS ………..… was ordered by decree of this Court
passed on the day of …………….… 20 ……………… in Suit
Principal No. ……………. of............20 …………, to pay to the plaintiff
the sum of Rs. ……………… as noted in the margin; and
Interest
whereas the said sum of Rs. ………….. has not been paid;
Costs These are to command you to attach the movable property of
the said ………… as set forth in the schedule hereunto annexed,
Cost of execution
or which shall be pointed out to you by the said …………...,
Further interest and unless the said ………….. shall pay to you the said sum of
Rs. ……………… together with Rs. ……………., the cost of
Total this attachment, to hold the same until further orders from this
Court.
1. Subs. by Act 10 of 1914, s. 2 and the First Sch., for “(O. 21, r. 22).
2. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).
297
|Decree|Col2|Col3|Col4|
|---|---|---|---|
|Principal Interest Costs Cost of execution Further interest Total||||
|||||
-----
You are further commanded to return this warrant on or before the……………day of………….20….
with an endorsement certifying the day on which and manner in which it has been executed, or why it has
not been executed.
GIVEN under my hand and the seal of the Court, this…………day of………..20.......
_Schedule_
_Judge._
No. 9
WARRANT FOR SEIZURE OF SPECIFIC MOVABLE PROPERTY ADJUDGED BY DECREE
(O. 21, r. 31.)
(Title)
T o
The Bailiff of the Court,
WHEREAS………………….was ordered by decree of this Court passed on the……………… day
of……......20…………, in Suit No…………of 20….., to deliver to the plaintiff the movable property (or
a……….share in the movable property) specified in the schedule hereunto annexed, and whereas the said
property (or share) has not been delivered.
These are to command you to seize the said movable property (or a………share of the said movable
property) and to deliver it to the plaintiff or to such person as he may appoint in his behalf.
GIVEN under my hand and the seal of the Court, this………..day of………………20............
_Schedule_
_Judge._
**No. 10**
NOTICE TO STATE OBJECTIONS TO DRAFT OF DOCUMENT
(O. 21, r. 34.)
(Title)
T o
TAKE notice that on the……..day of………20……., …………………………the decree-holder in the
above suit presented an application to this Court that the Court may execute on your behalf a deed of……
whereof a draft is hereunto annexed, of the immovable property specified hereunder, and that
the……..day of……………..20……, is appointed for the hearing of the said application, and that you are
at liberty
to appear on the said day and to state in writing any objections to the said draft.
_Description of property_
GIVEN under my hand and the seal of the Court, this…………day of .............20...........
_Judge._
**No. 11**
WARRANT TO THE BAILIFF TO GIVE POSSESSION OF LAND, ETC.
(O.21, r. 35.)
( _Title_ )
To
The Bailiff of the Court.
WHEREAS the undermentioned property in the occupancy of……………………...has been decreed to
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…………, the plaintiff in this suit; you are hereby directed to put the said………………in possession of
the same, and you are hereby authorized to remove any person bound by the decree who may refuse to
vacate the same.
GIVEN under my hand and the seal of the Court, this ...................................... day of ...................... 20...........
_Schedule_
_J u d g e ._
**No. 12**
NOTICE TO SHOW CAUSE WHY WARRANT OF ARREST SHOULD NOT ISSUE
(O. 21, r. 37.)
(Title)
T o
WHEREAS .............................................. has made application to this Court for execution of decree in Suit No.
....................................of 20 .......................... by arrest and imprisonment of your person, you are hereby required to
appear before this Court on the ................................... day of ...................... 20 ............................, to show cause why
you should not be committed to the civil prison in execution of the said decree.
GIVEN under my hand and the seal of the Court, this ................................day of ...............................20........
_Judge._
**No. 13**
WARRANT OF ARREST IN EXECUTION
(O. 21, r. 38.)
(Title)
T o
The Bailiff of the Court.
WHEREAS …. ...........was adjudged by a decree of this Court in suit No .................. of ..................... 20...., dated
Decree the………….day of……………20………….,to pay to the decreeholder the sum of Rs…………as noted in the margin, and whereas
Principal
the said sum of Rs…………...has not been paid to the said decree
Interest holder in satisfaction of the said decree, these are to
Costs command you to arrest the said judgement-debtor and unless
Execution the said judgment-debtor shall pay to you the said sum of Rs……
together with Rs……………for the cost of executing this process,
to bring the said defendant before the Court with all convenient
speed.
You are further commanded to return this warrant on or before
the………………day of………………..20…………….....,with an
endorsement certifying the day on which and manner in which it
Total
has been executed, or the reason why it has not been executed.
Given under my hand and the seal of the Court, this ................................. day of ............................... 20……………
_Judge._
**No. 14**
WARRANT OF COMMITTAL OF JUDGEMENT-DEBTOR TO JAIL
(O.21, r. 30.)
(Title)
T o
The Officer in charge of the Jail at
WHEREAS……………………………………... who has been brought before this Court this……………………………day
299
|Decree|Col2|Col3|Col4|
|---|---|---|---|
|Principal Interest Costs Execution Total||||
|||||
-----
of……………….20…………, under a warrant in execution of a decree which was made and pronounced by the said
Court on the ................................... day of .................................20…………., and by which decree it was ordered that the
said…………………….. should pay ...............................; And whereas the said……………………………has not obeyed
the decree nor satisfied the Court that he is entitled to be discharged from custody; You are hereby [1]***
commanded and required to take and receive the said…………………into the civil prison and keep him
imprisoned therein for a period not exceeding……………...or until the said decree shall be fully satisfied,
or the said………………….shall be otherwise entitled to be released according to terms and provisions of
section 58 of the Code of Civil Procedure, 1908; and the Court does hereby fix [2]*** per diem as the rate of the
monthly allowance for the subsistence of the said………..during his confinement under this warrant
of committal.
GIVEN under my signature and the seal of the Court, this…………day of……………20……..
_Judge._
**No. 15**
ORDER FOR THE RELEASE OF A PERSON IMPRISONED IN EXECUTION OF A DECREE
(Sections 58, 59)
(Title)
To
The Officer in charge of the Jail at
UNDER orders passed this day, you are hereby directed to set free…………………..judgment-debtor
now in your custody.
Dated
_Judge._
**No. 16**
ATTACHMENT IN EXECUTION
PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF MOVABLE PROPERTY TO WHICH THE
DEFENDANT IS ENTITLED SUBJECT TO A LIEN OR RIGHT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION THEREOF
(O. 21, r. 46.)
(Title)
T o
WHEREAS………………………………………………………...has failed to satisfy a decree passed
against……………on the………………...day of…………………….20……….., in Suit No.……of......
20…, in favour of………….for Rs…………………..;
It is ordered that the defendant be, and is hereby, prohibited and restrained until the further order
of this Court, from receiving from……………the following property in the possession of the said,
...............that is to say,…………………………..to which the defendant is entitled, subject to any claim of
the said……………, and the said……… is hereby prohibited and restrained, until the further
order of this Court, from delivering the said property to any person or persons whomsoever.
GIVEN under my hand and the seal of Court, this………………….day of………….20……………….
_Judge._
1. The words “in the name of the King-Emperor of India,” omitted by the A. O. 1950.
2. The word “annas” omitted by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).
300
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**1[No. 16A**
AFFIDAVIT OF ASSETS TO BE MADE BY A JUDGMENT-DEBTOR
ORDER XXI, RULE 41(2)]
In the Court of
_A.B………………………….. Decree-holder_
_Vs._
_C…………………………… Judgment-debtor_
I of
oath
state on
solemn affirmation[ as follows:— ]
1. My full name is …………………………………
(Block capitals)
2. I live at
*3. I am........................... married
single
widower (widow)
divorced
4. The following persons are dependent upon me:—
5. My employment, trade or profession is that of....................
carried on by me at ....................
I am a director of the following companies:—
6. My present annual/monthly/weekly income, after paying income-tax, is as follows:—
(a) From my employment, trade or profession Rs. ....................
(b) From other sources Rs. ....................
*7. (a) I own the house in which I live; its value is Rs. ....................
I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of Rs. ....................
(b) I pay as rent the annual sum of Rs. ....................
8. I possess the following:—
(a) Banking accounts;
(b) Stocks and shares;
(c) Life and endowment policies;
(d) House property; Give particulars
(e) Other property;
(f) Other securities;
9. The following debts are due to me:—
(give particulars)
(a) From of
Rs.
(b) From of
Rs. (etc.)
Sworn before me, etc.]
1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).
*Strike off the words which are not applicable.
301
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To
**No. 17**
ATTACHMENT IN EXECUTION
PROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF DEBTS NOT SECURED
BY NEGOTIABLE INSTRUMENTS
(O. 21, r. 46.)
(Title)
WHEREAS………………………...has failed to satisfy a decree passed against…………………….........on
the…………….day of………20……….., in Suit No……….of 20…………., in favour of……for
Rs…………; it is ordered that the defendant be, and is hereby, prohibited and restrained, until the further
order of this Court, from receiving from you a certain debt alleged now to be due from you to the said
defendant, namely,………… and that you, the said……………... be, and you are hereby, prohibited and
restrained, until the further order of this Court, from making payment of the said debt, or any part thereof,
to any person whomsoever or otherwise than into this Court.
Given under my hand and the seal of the Court, this…………..day of……….20…………
_Judge._
**No. 18**
ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF SHARES IN THE
CAPITAL OF A CORPORATION
(O. 21, r. 46.)
(Title)
To
Defendant and to……………………., Secretary of Corporation.
WHEREAS………..has failed to satisfy a decree passed against………………..on the…………….day
of………20……, in Suit No……………of 20…….., in favour of……………….., for Rs……………….;
it is ordered that you, the defendant, be, and you are hereby, prohibited and restrained, until the further
order of this Court, from making and transfer of……………...shares in the aforesaid corporation,
namely,………. or from receiving payment of any dividends thereon; and you,………,the Secretary of the
said Corporation, are hereby prohibited and restrained from permitting any such transfer or making any
such payment.
GIVEN under my hand and the seal of the Court, this…………day of…………20……..
_Judge._
**No. 19**
ORDER TO ATTACH SALARY OF PUBLIC OFFICER OR SERVANT OF RAILWAY COMPANY OR LOCAL AUTHORITY
(O. 21, r. 48.)
(Title)
T o
WHEREAS……………………, judgment-debtor in the above-named case; is a (describe office of
_judgment-debtor) receiving his salary (or allowances) at your hands; and whereas………………, decree-_
holder in the said case, has applied in this Court for the attachment of the salary (or allowances **)**
of the said……………to the extent of…………due to him under the decree; You are hereby required to
302
-----
withhold the said sum of………..from the salary of the said……..in monthly instalments of……and to
remit the said sum (or monthly instalments) to this Court.
GIVEN under my hand and the seal of the Court, this……….day of…………20..............
_Judge._
**No. 20**
ORDER OF ATTACHMENT OF NEGOTIABLE INSTRUMENT
(O. 21, r. 51.)
(Title)
To
The Bailiff of the Court,
WHEREAS an order has been passed by this Court on the……………..day of……….20……….., for
the attachment of…………; You are hereby directed to seize the said…………………and bring the same
into Court.
GIVEN under my hand and the seal of the Court, this………….day of……………20……….
_Judge._
**No. 21**
ATTACHMENT
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY SECURITY IN THE CUSTODY
OF A COURT OF JUSTICE OR [1][PUBLIC OFFICER]
(O. 21, r. 52.)
(Title)
To
Sir,
The plaintiff having applied, under rule 52 of Order XXI of the Code of Civil Procedure, 1908, for an
attachment of certain money now in yours hands (here state how the money is supposed to be in the hands
_of the person addressed, on what account, etc.), I request that you will hold the said money subject to the_
further order of this Court.
I have the honour to be,
Sir
Your most obedient Servant.
Dated the……….day of………20……… _Judge._
**No. 22**
NOTICE OF ATTACHMENT OF A DECREE TO THE COURT WHICH PASSED IT
(O. 21, r. 53.)
(Title)
To
The Judge of the Court of................
1. Subs. by the A. O. 1937, for “Officer of Government”.
303
-----
Sir,
I have the honour to inform you that the decree obtained in your Court on the ……………………day
of…........……….20………..by…………….in Suit No…………of 20.....................in which he
was……….………and ………….was…………has been attached by this Court on the application
of……………………., the……….in the suit specified above. You are therefore requested to stay the
execution of the decree of your Court until you receive an intimation from this Court that the present
notice has been cancelled or until execution of the said decree is applied for by the holder of the decree
now sought to be executed or by his judgment-debtor.
I have the honour, etc.
_Judge._
Dated the……………….day of…….20………..
**No. 23**
NOTICE OF ATTACHMENT OF A DECREE TO THE HOLDER OF THE DECREE
(O. 21, r. 53.)
(Title)
To
WHEREAS an application has been made in this Court by the decree-holder in the above suit for the
attachment of a decree obtained by you on the………....................day of……......20..............................., in
the Court of……………….in Suit No…….of 20.........., in which………….was………….and……….was
……………………; It is ordered that you, the said………..., be, and you are hereby, prohibited and
restrained, until the further order of this Court, from transferring or charging the same in any way.
GIVEN under my hand and the seal of the Court, this……….day of………….20………….
_Judge._
**No. 24**
ATTACHMENT IN EXECUTION
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF IMMOVABLE PROPERTY
(O. 21, r. 54.)
(Title)
T o
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant
WHEREAS you have failed to satisfy a decree passed against you on the……………………….........day
of…………..20……….., in Suit No……….of………20.............., in favour of………………………for
Rs…………; It is ordered that you, the said………….., be, and you are hereby, prohibited and restrained,
until the further order of this Court, from transferring or charging the property specified in the Schedule
hereunto annexed, by sale, gift or otherwise, and that all persons be, and that they are hereby, prohibited from
receiving the same by purchase, or gift otherwise.
1[It is also ordered that you should attend Court on the…………………………………………….day
of …………..20………, to take notice of the date fixed for settling the terms of the proclamation of
sale.]
GIVEN under my hand and seal of the Court, this…………day of………20………….
_Schedule_
_Judge._
1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).
304
-----
**No. 25**
ORDER FOR PAYMENT TO THE PLAINTIFF, ETC., OF MONEY, ETC., IN THE HANDS OF A THIRD PARTY
(O.21, r. 56.)
(Title)
T o
WHEREAS the following property.....................................has been attached in execution of a decree in
Suit No……………….of 20………, passed on the……………day of 20........., in favour of………..for
Rs........................………………….It is ordered that the property so attached, consisting of
Rs…………….in money and Rs......…………..in currency-notes, or a sufficient part thereof to satisfy the
said decree, shall be paid over by you, the said…………..to………….
GIVEN under my hand and the seal of the Court, this……………………day of………20..........
_Judge._
**No. 26**
NOTICE TO ATTACHING CREDITOR
(O. 21, r. 58.)
(Title)
T o
WHEREAS…………………………...has made application to this Court for the removal of attachment
on………….placed at your instance in execution of the decree in Suit No………………of……… 20.........
this is to give you notice to appear before this Court on………….., the………….day of……..20………...,
either in person or by a pleader of the Court duly instructed to support your claim, as attaching creditor.
GIVEN under my hand and the seal of the Court, this………..day of……….20...........
_Judge._
**No. 27**
WARRANT OF SALE OF PROPERTY IN EXECUTION OF A DECREE FOR MONEY
(O. 21, r. 66.)
(Title)
T o
The Bailiff of the Court.
THESE are to command you to sell by auction, after giving…………day's previous notice, by affixing
the same in this Court-house, and after making due proclamation, the…………..property attached under a
warrant from this Court, dated the…………day of 20................, in execution of a decree in favour
of……………in Suit No………….of 20............, or so much of the said property as shall realize the sum
of Rs…………………..., being the………………of the said decree and costs still remaining unsatisfied.
You are further commanded to return this warrant on or before the………….day of…………. …….20
with an endorsement certifying the manner in which it has been executed, or the reason why it has not been
executed.
GIVEN under my hand and the seal of the Court, this………..day of………20...........
_Judge._
305
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**No. 28**
NOTICE OF THE DAY FIXED FOR SETTLING A SALE PROCLAMATION
(O. 21, r. 66.)
(Title)
T o
......................................................................................................... Judgment-debtor.
WHEREAS in the above-named suit……………………….., the decree-holder, has applied for the sale
of……………… You are hereby informed……………………that the…………..day of………… 20 ,
has been fixed for settling the terms of the proclamation of sale.
GIVEN under my hand and the seal of the Court, this…………… day of…………20………
_Judge._
**No. 29**
PROCLAMATION OF SALE
(O. 21, r. 66)
(Title)
(1) Suit No………………….of 20……….., decided by the………..of………in which was plaintiff
and was defendant.—Notice is hereby given that, under rule 64 of Order XXI of the Code of Civil
Procedure, 1908, an order has been passed by this Court for the sale of the attached property mentioned in
the annexed schedule, in satisfaction of the claim of the decree-holder in the suit (1) mentioned in the
margin, amounting with costs and interest up-to date of sale to the sum of………………………….
The sale will be by public auction, and the property will be put up for sale in the lots specified in the
schedule. The sale will be of the property of the judgment-debtors above-named as mentioned in the
schedule below; and the liabilities and claims attaching to the said property, so far as they have been
ascertained, are those specified in the schedule against each lot.
In the absence of any order of postponement, the sale will be held by……………..at the monthly sale
commencing at........... O’clock on the……………at…………...., In the event, however, of the
debt above specified and of the costs of the sale being tendered or paid before the knocking down of any
lot, the sale will be stopped.
At the sale the public generally are invited to bid, either personally or by duly authorized agent. No bid
by, or on behalf of, the judgment-creditors above-mentioned, however, will be accepted, nor will any sale to
them be valid without the express permission of the Court previously given. The following are the further.
_Conditions of sale_
1. The particulars specified in the schedule below have been stated to the best of the information of the
Court, but the Court will not be answerable for any error, mis-statement or omission in this proclamation.
2. The amount by which the biddings are to be increased shall be determined by the officer
conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot
shall at once be again put up to auction.
3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he is
legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding the
sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to
make it advisable to do so.
4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it
subject always to the provisions of rule 69 of Order XXI.
306
-----
5. In the case of movable property, the price of each lot shall be paid at the time of sale or as soon
after as the officer holding the sale directs, and in default of payment the property shall forthwith be again
put up and re-sold.
6. In the case of immovable property, the person declared to be the purchaser shall pay immediately
after such declaration a deposit of 25 per cent. on the amount of his purchase-money to the officer
conducting the sale, and in default of such deposit the property shall forthwith be put up again and
re-sold.
7. The full amount of the purchase-money shall be paid by the purchaser before the Court closes on
the fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day be a Sunday or
other holiday, then on the first office day after the fifteenth day.
8. In default of payment of the balance of purchase-money within the period allowed, the property
shall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of
the sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit
all claim to the property or to any part of the sum for which it may be subsequently sold.
Given under my hand and the seal of the Court, this………….day of……….20……..
_Judge._
_Schedule of Property_
Number of Description of pro- The revenue Detail of Claims, if any, 1[The value The value of the
lot perty to be sold, assessed upon the any which have been put of the pro- property as
with the name of estate or part of the encum- forward to the pro- perty as stated by the
each owner where estate, if the brances to perty and any other stated by the judgmentthere are more property to be sold which the known particulars decree holder debtor.]
judgment- debtors is an interest in an property is bearing on its
than one estate or a part of liable nature and value
an estate paying
revenue to
Government
1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).
307
|Number of lot|Description of pro- perty to be sold, with the name of each owner where there are more judgment- debtors than one|The revenue assessed upon the estate or part of the estate, if the property to be sold is an interest in an estate or a part of an estate paying revenue to Government|Detail of any encum- brances to which the property is liable|Claims, if any, which have been put forward to the pro- perty and any other known particulars bearing on its nature and value|1[The value of the pro- perty as stated by the decree holder|The value of the property as stated by the judgment- debtor.]|
|---|---|---|---|---|---|---|
||||||||
||||||||
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**No. 30**
ORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF SALE
(O. 21, r. 66.)
(Title)
T o
The Nazir of the Court.
WHEREAS an order has been made for the sale of the property of the judgment-debtor specified in the
schedule hereunder annexed, and whereas the………….day of………20..........., has been fixed for the
sale of the said property,………. copies of the proclamation of sale are by this warrant made over to you,
and you are hereby ordered to have the proclamation published by beat of drum within each of the
properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of
each of the said properties and afterwards on the Court-house, and then to submit to this Court a report
showing the dates on which and the manner in which the proclamations have been published.
Dated the…………. day of………………20……….
_Schedule_
_Judge._
**No. 31**
CERTIFICATE BY OFFICER HOLDING A SALE OF THE DEFICIENCY OF PRICE ON A RE-SALE OF PROPERTY
BY REASON OF THE PURCHASER'S DEFAULT
(O. 21, r. 71.)
_(Title)_
Certified that at the re-sale of the property in execution of the decree in the above-named suit,
in consequence of default on the part of…, purchaser, there was a deficiency in the price of the said
property amounting to Rs……………………., and that the expenses attending such re-sale amounted to
Rs……., making a total of Rs……………, which sum is recoverable from the defaulter.
Dated the…………. day of………… 20……..
_Officers holding the sale._
**No. 32**
NOTICE TO PERSON IN POSSESSION OF MOVABLE PROPERTY SOLD IN EXECUTION
(O.21, r, 79.)
_(Title)_
T o
WHEREAS……………………...has become the purchaser at a public sale in execution of the decree
in the above suit of………..now in your possession, you are hereby prohibited from delivering possession
of the said……. to any person except the said………
Given under my hand and the seal of the Court, this…………day of…………20……..
_Judge._
308
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**No. 33**
PROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN EXECUTION
TO ANY OTHER THAN THE PURCHASER
(O. 21, r. 79.)
_(Title)_
T o
and to
WHEREAS……………has become the purchaser at a public sale in execution of the decree in the
above suit of………….. being debts due from you……………to you…………….; It is ordered that you
....... be, and you are hereby, prohibited from receiving, and you……………………...from making
payment of, the said debt to any person or persons except the said…………..
Given under my hand and the seal of the Court, this…………day of………..20……..
_Judge._
**No. 34**
PROHIBITORY ORDER AGAINST THE TRANSFER OF SHARE SOLD IN EXECUTION
(O. 21, r. 79.)
_(Title)_
T o
........................................and.................................., Secretary of.........................................Corporation.
WHEREAS………….has become the purchaser at a public sale in execution of the decree, in the above
suit, of certain shares in the above Corporation, that is to say, of…………………..standing in the name of
you……………; It is ordered that you……………….be, and you are hereby, prohibited from making any
transfer of the said shares to any person except the said…………………, the purchaser aforesaid, or from
receiving any dividends thereon; and you……………, Secretary of the said Corporation, from permitting
any such transfer or making any such payment to any person except the said……………..., the purchaser
aforesaid.
Given under my hand and the seal of the Court, this………..day of …………..20………
_Judge._
**No. 35**
CERTIFICATE TO JUDGMENT-DEBTOR AUTHORISING HIM TO MORTGAGE LEASE OR SELL PROPERTY
(O. 21, r. 83.)
_(Title)_
T o
WHEREAS in excecution of the decree passed in the above suit an order was made on the…………day
of……………..20…….., for the sale of the under-mentioned property of the judgment-debtor….....,
and whereas the Court has, on the application of the said judgment-debtor, postponed the said sale to enable
him to raise the amount of the decree by mortgage, lease or private sale of the said property or of some
part thereof:
This is to certify that the Court doth hereby authorize the said judgment-debtor to make the proposed
mortgage, lease or sale within a period of……. from the date of this certificate; provided that all monies
payable under such mortgage, lease or sale shall be paid into this Court and not to the said judgmentdebtor.
309
-----
_Description of property_
Given under my hand and the seal of the Court, this………… day of………..20…..
**No. 36**
NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE
(O. 21, rr. 90, 92.)
(Title)
T o
_Judge._
WHEREAS the under-mentioned property was sold on the……….day of……………... 20……. …..., in
execution of the decree passed in the above named suit, and whereas…………………, the decree-holder [or
judgment-debtor], has applied to this Court to set aside the sale of the said property on the ground of a
material irregularity [or fraud] in publishing [or conducting] the sale, namely, that…………….
Take notice that if you have any cause to show why the said application should not be granted,
you should appear with your proofs in this Court on the…………day of…………20........., when the said
application will be heard and determined.
Given under my hand and the seal of the Court, this…………day of………….20……
_Description of property_
_Judge._
**No. 37**
NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE
(O. 21, rr. 91, 92.)
_(Title)_
To
WHEREAS……………the purchaser of the under-mentioned property sold on the……………… day of
……20………, in execution of the decree passed in the above-named suit, has applied to this Court to set
aside the sale of the said property on the ground that……………, the judgment-debtor, had no saleable
interest therein.
Take notice that if you have any cause, to show why the said application should not be granted, you
should appear with your proofs in this Court on the…………………… day of…………20........., when
the said application will be heard and determined.
Given under my hand and the seal of the Court, this…………day of…………20…….
_Description of property_
_Judge._
**No. 38**
CERTIFICATE OF SALE OF LAND
(O. 21, r. 94.)
_(Title)_
This is to certify that…………………..has been declared the purchaser at a sale by public auction on
the…………………………day of………….20………of………………..in execution of decree in this
and that the said sale has been duly confirmed by this Court.
Given under my hand and the seal of the Court, this…………day of…………20……
_Judge._
310
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**No. 39**
ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION
(O. 21, r. 95.)
_(Title)_
T o
The Bailiff of the Court.
WHEREAS…………………………………..has become the certified purchaser of…………………..at a
sale in execution of decree in Suit No……………of……………..20………..; You are hereby ordered
to put the said……………, the certified purchaser, as aforesaid, in possession of the same.
Given under my hand and the seal of the Court, this…………day of…………20……..
_Judge._
**No. 40**
SUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING EXECUTION OF DECREE
(O. 21, r. 97.)
_(Title)_
T o
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
WHEREAS……………………………,the decree-holder in the above suit, has complained to
this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for
possession:
You are hereby summoned to appear in this Court on the……………day of……………20…….........
at………………A.M., to answer the said complaint.
Given under my hand and the seal of the Court, this………………………day of…………20……….
_Judge._
**No. 41**
WARRANT OF COMMITTAL
(O. 21, r. 98.)
_(Title)_
To
The Officer in Charge of the Jail at………………...............................................................
WHEREAS the under-mentioned property has been decreed to………………, the plaintiff in this suit,
and whereas the Court is satisfied that…………………without any just cause resisted (or obstructed) and
is still resisting (or obstructing) the said……….. …………….in obtaining possession of the property, and
whereas the said……………..has made application to this Court that the said…………….be committed
to the Civil prison;
You are hereby commanded and required to take and receive the said…………………... into the civil
prison and to keep him imprisoned therein for the period of………….days.
GIVEN under my hand and the seal of the Court, this………….day of……………………20……..
_Judge._
311
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To
**No. 42**
AUTHORITY OF THE COLLECTOR TO STAY PUBLIC SALE OF LAND
(Section 72)
_(Title)_
..Collector of
SIR,
In answer to your communication No.………………., dated……………………..representing that the
sale in execution of the decree in this suit of…………………………….land situate within your district is
objectionable, I have the honour to inform you that you are authorised to make provision for the satisfaction of
the said decree in the manner recommended by you.
I have the honour to be,
SIR,
Your obedient servant
_Judge._
312
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APPENDIX F
SUPPLEMENTAL PROCEEDINGS
**No. 1**
WARRANT OF ARREST BEFORE JUDGMENT
(O. 38, r. 1.)
_(Title)_
To
The Bailiff of the Court.
WHEREAS………………………., the plaintiff in the above suit, claims the sum of Rs. …………
as noted in the margin, and has proved to the satisfaction of the Court
that there is probable cause for believing that the defendant………………………..
Principal
is about to…………………………………..These are to command you to demand
Interest and receive from the said ………………………………………………..the sum of
Rs…………………………………..as sufficient to satisfy the plaintiff's claim, and
unless the said sum of Rs. ………………………………...is forthwith delivered to
you by or on behalf of the said……………………………………………to take the
said……………………………………………into custody, and to bring him before
this Court, in order that he may show cause why he should not furnish
Costs security to the amount of Rs. ………………….for his personal
appearance before the Court, until such time as the said suit shall be
TOTAL
fully and finally disposed of, and until satisfaction of any decree that
may be passed against him in the suit.
GIVEN under my hand and the seal of the Court, this……………………. Day of ……………20…
_Judge._
**No. 2**
SECURITY FOR APPEARANCE OF A DEFENDANT ARRESTED BEFORE JUDGMENT
(O. 38, r. 2.)
_(Title)_
WHEREAS at the instance of………………., the plaintiff in the above suit, the
defendant, has been arrested and brought before the Court;
And whereas on the failure of the said defendant to show cause why he should not furnish security for
his appearance, the Court has ordered him to furnish such security:
Therefore I…………………have voluntarily become surety and do hereby bind myself, my heirs and
executors, to the said Court, that the said defendant shall appear at any time when called upon while the
suit is pending and until satisfaction of any decree that may be passed against him in the said suit; and in
default of such appearance I bind myself, my heirs and executors, to pay to the said Court, at its order,
any sum of money that may be adjudged against the said defendant in the said suit.
Witness my hand at………………this……………day of………….20……..
_(Signed.)_
Witnesses.
1.
2.
313
|Col1|Col2|Col3|Col4|
|---|---|---|---|
|Principal Interest Costs TOTAL||||
|||||
-----
**No. 3**
SUMMONS TO DEFENDANT TO APPEAR ON SURETY’S APPLICATION FOR DISCHARGE
(O . 38, r. 3.)
(Title)
To
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
WHEREAS…………………………………, who became surety on the………………………day of……….
20….for your appearance in the above suit, has applied to this Court to be discharged from his obligation.
You are hereby summoned to appear in this Court in person on the…………………………...........day
of………………20……at…….A. M., when the said application, will be heard and determined.
GIVEN under my hand and the seal of the Court, this……………day of…………20…..
_Judge._
**No. 4**
ORDER FOR COMMITTAL
(O. 38, r. 4.)
(Title)
T o
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
WHEREAS……………………., plaintiff in this suit, has made application to the Court that security be
taken for the appearance of…………………..., the defendant, to answer any judgment that may be passed
against him in the suit; and whereas the Court has called upon the defendant to furnish such security, or to offer
a sufficient deposit in lieu of security, which he has failed to do; it is ordered that the said defendant……
be committed to the civil prison until the decision of the suit; or, if judgment be pronounced against him,
until satisfaction of the decree.
GIVEN under my hand and the seal of the Court, this………….day of…………….20………
_Judge._
**No. 5**
ATTACHMENT BEFORE JUDGMENT, WITH ORDER TO CALL FOR SECURITY FOR FULFILMENT OF DECREE
(O. 38, r. 5.)
_(Title)_
T o
The Bailiff of the Court.
WHEREAS……………….....has proved to the satisfaction of the Court that the defendant in the above
suit………..;
These are to command you to call upon the said defendant………………………………..on or before
the…………….day of………………….20………………..either to furnish security for the sum of rupees
……………to produce and place at the disposal of this Court when required……………………….……or
the value thereof, or such portion of the value as may be sufficient to satisfy any decree that may be passed
314
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against him; or to appear and show cause why he should not furnish security; and you are further ordered
to attach the said……………..and keep the same under safe and secure custody until the further order of
the Court; and you are further commanded to return this warrant on or before the………………....day
of……. 20……., with an endorsement certifying the date on which and the manner in which it has been
executed, or the reason why it has not been executed.
GIVEN under my hand and the seal of the Court, this………………..day of…………20……….
_Judge._
**No. 6**
SECURITY FOR THE PRODUCTION OF PROPERTY
(O. 38, r. 5.)
_(Title)_
WHEREAS at the instance of………………………., the plaintiff in the above suit, …………………...
the defendant has been directed by the Court to furnish security in the sum of Rs……………………….to
produce and place at the disposal of the Court the property specified in the schedule hereunto annexed;
Therefore I……………………...have voluntarily become surety and do hereby bind myself, my heirs
and executors, to the said Court, that the said defendant shall produce and place at the disposal of the Court,
when required, the property specified in the said schedule, or the value of the same, or such portion thereof as
may be sufficient to satisfy the decree; and in default of his so doing, I bind myself, my heirs and executors, to
pay to the said Court, at its order, the said sum of Rs…………………or such sum not exceeding the said
sum as the said Court may adjudge.
_Schedule_
Witness my hand at…………………..this…………..day of……………………..20………
_(Signed.)_
Witnesses.
1.
2.
**No. 7**
ATTACHMENT BEFORE JUDGMENT, ON PROOF OF FAILURE TO FURNISH SECURITY
(O. 38, r. 6.)
(Title)
T o
The Bailiff of the Court.
WHEREAS……………………, the plaintiff in this suit, has applied to the Court to call upon……..
the defendant, to furnish security to fulfil any decree that may be passed against him in the suit, and whereas
the Court has called upon the said………………………….to furnish such security, which he has failed to
do; these are to command you to attach………….., the property of the said………., and keep the
same under safe and secure custody until the further order of the Court, and you are further commanded to
return this warrant on or before the…………..day of…………….20………………………………with an
endorsement certifying the date on which and the manner in which it has been executed, or the reason why it
has not been executed.
GIVEN under my hand and the seal of the Court, this……………….day of…………20………
_Judge._
315
-----
**No. 8**
TEMPORARY INJUNCTIONS
(O. 39, r. 1.)
_(Title)_
Upon motion made unto this Court by……………Pleader of [or Counsel for] the plaintiff A. B., and
upon reading the petition of the said plaintiff in this matter filed [this day] [or the plaint filed in this suit on the
………………………day of……………………, _or_ the written statement of the said plaintiff filed on
the……………day of………..] and upon hearing the evidence of…………and………………...in support
thereof [if after notice and defendant not appearing : add, and also, the evidence of ……………………as to
service of notice of this motion upon the defendant C. D.]: This Court doth order that an injunction be awarded
to restrain the defendant C. D. his servants, agents and workmen, from pulling down, or suffering to be pulled
down, the house in the plaint in the said suit of the plaintiff mentioned [or in the written statement, or petition, of
the plaintiff and evidence at the hearing of this motion mentioned], being No. 9, Oilmongers Street, Hindupur,
in a Taluk of………….., and from selling the materials where of the said house is composed, until the
hearing of this suit or until the further order of this Court.
Dated this………………….day of………….20…….
_Judge._
[Where the injunction is sought to restrain the negotiation of a note or bill, the ordering part of the
_order may run thus:—]_
………………to restrain the defendant…………….. and……………………..from parting without of
the custody of them or any of them or endorsing, assigning or negotiating the promissory note [or bill of
exchange] in question dated on or about the…………, etc., mentioned in the plaintiff's plaint [or petition]
and the evidence heard at this motion until the hearing of this suit, or until the further order of this Court.
[In Copyright cases]……………to restrain the defendant C.D., his servants, agents or workmen from
printing, publishing or vending a book, called……………………..or any part thereof, until the, etc.
[Where part only of a book is to be restrained]
.………….to restrain the defendant _C.D., his servants, agents or workmen, from printing, publishing,_
selling or otherwise disposing of such parts of the book in the plaint [or petition and evidence, etc.] mentioned
to have been published by the defendant as hereinafter specified, namely, that part of the said book which is
entitled………..and also that part which is entitled…………………….................[or which is contained in
page………..to page both inclusive] until ……………….., etc.
[In Patent cases]……………..to restrain the defendant C. D., his agents, servants and workmen, from
making or vending any perforated bricks [or as the case maybe] upon the principle of the inventions in
the plaintiff's plaint [or petition, etc., or written statement, etc.,] mentioned, belonging to the plaintiffs, or either of
them, during the remainder of the respective terms of the patents in the plaintiff's plaint [or as the case may be]
mentioned, and from counterfeiting, imitating or resembling the same inventions, or either of them, or making
any addition thereto, or subtraction therefrom, until the hearing, etc.
[In cases of Trade marks]……………to restrain the defendant C.D., his servants, agents or workmen,
from selling, or exposing for sale, or procuring to be sold, any composition or blacking [or as the case may be]
described as or purporting to be blacking manufactured by the plaintiff A.B., in bottles having affixed thereto
such labels as in the plaintiff's plaint [or petition, etc.] mentioned, or any other labels so contrived or expressed
as, by colourable imitation or otherwise, to represent the composition or blacking sold by the defendant to be
the same as the composition or blacking manufactured and sold by the plaintiff _A.B., and from using trade-cards_
316
-----
so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the
defendant is the same as the composition or blacking manufactured or sold by the plaintiff A. B. until the etc.
[To restrain a partner from in any way interfering in the business]
to restrain the defendant _C.D., his agents, and servants, from entering into any contract, and from_
accepting, drawing, endorsing or negotiating any bill of exchange, note or written security in the name of the
partnership-firm of B. and _D., and from contracting any debt, buying and selling any goods, and from making or_
entering into any verbal or written promise, agreement or undertaking, and from doing, or causing to be done,
any act, in the name or on the credit of the said partnership-firm of B. and D., or whereby the said partnershipfirm can or may in any manner become or be made liable to or for the payment of any sum of money, or for the
performance of any contract, promise or undertaking until the, etc.
**No. 1[9]**
APPOINTMENT OF A RECEIVER
(O . 40, r. 1.)
(Title)
T o
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
WHEREAS……………….has been attached in execution of a decree passed in the above suit on the...........
day of…………….20…….., in favour of……….; You are hereby (subject to your giving security
to the satisfaction of the Court) appointed receiver of the said property under Order XL of the Code of Civil
Procedure, 1908, with full powers under the provisions of that Order.
You are required to render a due and proper account of your receipts and disbursements in respect of the
said property on ............You will be entitled to remuneration at the rate of…………………per cent. upon
your receipts under the authority of this appointment.
GIVEN under my hand and the seal of the Court, this…………..day of……….20
_Judge._
**No. [2][10]**
BOND TO BE GIVEN BY RECEIVER
(O. 40, r. 3.)
(Title)
KNOW all men by these presents, that we,……… and……………..and………………., are jointly and
severally bound to…………..of the Court of………in Rs…………….. to be paid to the said………or
his successor in office for the time being. For which payment to be made we bind ourselves, and each of us, in
the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents.
Dated this…………..day of……………20………..
WHEREAS a plaint has been filed in the Court by……….against……………for the purpose of [here
_insert the object of suit]:_
1. The number of the Form, originally misprinted as 6, was corrected by Act 10 of 1914, s. 2 and the First Sch.
2. The number of the Form, originally misprinted as 7, was corrected by Act 10 of 1914, s. 2 and the First Sch.
317
-----
And whereas the said……………….has been appointed, by order of the above-mentioned Court, to
receive the rents and profits of the immovable property and to get in the outstanding movable property
of……………..in the said plaint named:
Now the condition of this obligation is such, that if the above-bounden………shall duly account for
all and every the sum and sums of money which he shall so receive on account of the rents and profits of
the immovable property, and in respect of the movable property, of the said….......at such periods as the said
Court shall appoint, and shall duly pay the balances which shall from time to time be certified to be due from him
as the said Court hath directed or shall hereafter direct, then this obligation shall be void, otherwise it shall
remain in full force.
Signed and delivered by the above-bounden in the presence of……………………
NOTE.—If deposit of money is made, the memorandum thereof should follow the terms of the
condition of the bond.
318
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APPENDIX G
APPEAL, REFERENCE AND REVIEW
**No. 1**
MEMORANDUM OF APPEAL
(O. 41, r. 1.)
(Title)
The...............................................above-named appeals to the……………………………………...
Court at…………………from the decree of……………in Suit No………………of…………….. 20……
dated the……………….day of………………20………,and sets forth the following grounds of objection
to the decree appealed from, namely:—
**No. 2**
SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE
(O. 41, r. 5.)
(Title)
To
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
This security bond on stay of execution of decree executed by………………………...witnesseth:—
That……….., the plaintiff in Suit No.…………………of............................20...……………having sued
……………….., the defendant, in this Court and a decree having been passed on the……………….day
of………………20……, in favour of the plaintiff, and the defendant having preferred an appeal from the
said decree in the……… Court, the said appeal is still pending.
Now the plaintiff decree-holder having applied to execute the decree, the defendant has made an application
praying for stay of execution and has been called upon to furnish security. Accordingly I, of my own free will,
stand security to the extent of Rs. ………………..,mortgaging the properties specified in the schedule
hereunto annexed, and covenant that if the decree of the first Court be confirmed or varied by the Appellate
Court 'the said defendant shall duly act in accordance with the decree of the Appellate Court and shall pay
whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall
be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are
insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance.
To this effect I execute this security bond this………..day of………………20……….
_Schedule_
_(Signed.)_
Witnessed by
1.
2.
319
-----
**No. 3**
SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL
(O. 41, r. 6.)
(Title)
To
. .. . .. . .. . .. . .. . .. .
. .. . .. . .. . .. . .. . .. .
THIS security bond on stay of execution of decree executed by witnesseth:—
That………………., the plaintiff in Suit No……………………of……………………20…….
having sued………………, defendant,, in this Court and a decree having been passed on the
………………….day of ……………………….20……in favour of the plaintiff, and the defendant having
preferred an appeal from the said decree in the................. Court, the said appeal is still pending.
Now the plaintiff decree-holder has applied for execution of the said decree and has been called upon to
furnish security. Accordingly I, of my own free will, stand security to the extent of Rs……………...………,
mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the
first Court be reversed or varied by the Appellate Court, the plaintiff shall restore any property which may be
or has been taken in execution of the said decree and shall duly act in accordance with the decree of the
Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then
any amount so payable shall be realised from the properties hereby mortgaged, and if the proceeds of the sale
of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally
liable to pay the balance. To this effect I execute this security bond this……………………day of
……………….20…….
_Schedule_
_(Signed.)_
Witnessed by
1.
2.
**No. 4**
SECURITY FOR COSTS OF APPEAL
(O. 41, r. 10.)
(Title)
To
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
This security bond for costs of appeal executed by……………….witnesseth:—
This appellant has preferred an appeal from the decree in Suit No. …………………………………of
…………………20……, against the respondent, and has been called upon to furnish security. Accordingly
I, of my own free will, stand security for the costs of the appeal, mortgaging the properties specified in the
schedule hereunto annexed. I shall not transfer the said properties or any part thereof, and in the event of any
default on the part of the appellant, I shall duly carry out any order that may be made against me with regard to
payment of the costs of appeal. Any amount so payable shall be realised from the properties hereby mortgaged,
and if the proceeds of the sale of the said properties are insufficient to pay the amount due I and my legal
representatives will be personally liable to pay the balance. To this effect, I execute this security bond this
………………….day of…………….20……..
_Schedule_
Witnessed by
1.
2. (Signed.)
320
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**No. 5**
INTIMATION TO LOWER COURT OF ADMISSION OF APPEAL
(O. 41, r. 13.)
_(Title)_
T o
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
You are hereby directed to take notice that……………………, the………………….........in the above
suit, has preferred an appeal to this Court from the decree passed by you therein on the…………...............
day of…………………..20………….
You are requested to send with all practicable despatch all material papers in the suit.
Dated the………………day of………………..20……………….
_Judge._
**No. 6**
NOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL
(O. 41, r. 14.)
(Title)
Appeal from the……………of the Court…………………………..of……………………….......
dated……………………the……………………..day of…………….20………
T o
_Respondent_
Take notice that an appeal from the decree of………………………………in this case has been presented
by…………………………………and registered in this Court, and that the…………day of………
20……….. has been fixed by this Court for the hearing of this appeal.
If no appearance is made on your behalf by yourself, your pleader, or by some one by law authorised
to act for you in this appeal, it will be heard and decided in your absence.
GIVEN under my hand and the seal of the Court, this…………day of……………………20......
_Judge._
[NOTE—If a stay of execution has been ordered intimation should be given of the fact on this notice.]
**No. 7**
NOTICE TO A PARTY TO A SUIT NOT MADE, A PARTY TO THE APPEAL BUT JOINED BY THE COURT AS A
RESPONDENT
(O. 41, r. 20.)
(Title)
T o
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
321
-----
WHEREAS you were a party in Suit No…………………….of…………………20………, in the Court
of,………………………., and whereas the…………………has preferred an appeal to this Court from the
decree passed against him in the said suit and it appears to this Court that you are interested in the result of the
said appeal:
This is to give you notice that this Court has directed you to be made a respondent in the
said appeal and has adjourned the hearing thereof till the…………………….day of……………..20…….,
at…….. A. M. If no appearance is made on your behalf on the said day and at the said hour the appeal will be
heard and decided in your absence.
GIVEN under my hand and the seal of the Court, this…………..day of…………….20……….……….
_Judge._
**No. 8**
MEMORANDUM OF CROSS OBJECTION
(O. 41, r. 22.)
(Title)
WHEREAS the………………has preferred an appeal to the…………………Court……………
at…………from the decree of…………in Suit No………………………of……………20……….
dated the……………… day of…………………………..20………………, and whereas notice of the day
fixed for hearing the appeal was served………………………………..on the………………………….day
of……………………20……….., the files this memorandum of cross objection under rule
22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection
to the decree appealed from, namely:—
**No. 9**
DECREE IN APPEAL
(O. 41, r. 35.)
(Title)
Appeal No. …………………….of ...........20…..............................from the decree of the Court of
………………..dated the……………….day of……………………20…………..
Memorandum of Appeal.
_Plaintiff._
_versus_
_Defendant._
The………………………..above-named appeals to the…………………….Court at……….........from
the decree of………………….in the above suit dated the……………………….day of……………
20…………., for the following reasons, namely:—
This appeal coming on for hearing on the…..……………..day of…………….20…………….., before
in the presence of………….or the appellant and of……………………….for the respondent, it is
ordered—
The costs of this appeal, as detailed below, amounting to Rs…………………………..are to be paid
by………………………The cost of the original suit are to be paid by………………………..
GIVEN under my hand this………………………..day of………………………20………….
_Judge._
322
-----
_Costs of Appeal_
Appellant Amount Respondent Amount
1. Stamp for memorandum of appeal… Rs. A. P. Stamp for power……… Rs. A. P.
2. Do. for power………… Do. for petition……..
3. Service of processes………. Service of processes…..
4. Pleader's fee on Rs. ………….. Pleader’s fee on Rs. .…..
TOTAL TOTAL
**No. 10**
APPLICATION TO APPEAL IN forma pauperis
(O. 44, r. 1.)
_(Title)_
I…………………the…………………………………………above-named, present the accompanying
memorandum of appeal from the decree in the above suit and apply to be allowed to appeal as a pauper.
Annexed is a full and true schedule of all the movable and immovable property belonging to me with
the estimated value thereof.
Dated the…………………….day of…………………..20……………….
(Signed.)
[NOTE.—Where the application is by the plaintiff he should state whether he applied and was allowed to
sue in the Court of first instance as a pauper.]
**No. 11**
NOTICE OF APPEAL IN _forma pauperis_
(O. 44, r. 1.)
_(Title)_
WHEREAS the above-named…………………………...has applied to be allowed to appeal as a pauper
from the decree in the above suit dated the…………………..day of…………........... 20…..………………
and whereas the……………………day of……………20…………………….., has been fixed for hearing
the application, notice is hereby given to you that if you desire to show cause why the applicant should not be
allowed to appeal as a pauper an opportunity will be given to you of doing so on the afore-mentioned date.
GIVEN under my hand and the seal of the Court, this…………….day of………………………..20....
_Judge._
323
|Appellant|Amount|Col3|Col4|Respondent|Amount|Col7|Col8|
|---|---|---|---|---|---|---|---|
|1. Stamp for memorandum of appeal… 2. Do. for power………… 3. Service of processes………. 4. Pleader's fee on Rs. …………..|Rs.|A.|P.|Stamp for power……… Do. for petition…….. Service of processes….. Pleader’s fee on Rs. .…..|Rs.|A.|P.|
|TOTAL||||TOTAL||||
-----
**No. 12**
NOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE [1][SUPREME COURT] SHOULD NOT BE GRANTED
(O. 45, r. 3.)
(Title)
T o
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
2[TAKE notice that…………………………………………………………………….has applied to this
Court for a certificate—
(i) that the case involves a substantial question of law of general importance, and
_(ii) that in the opinion of this Court the said question needs to be decided by the Supreme Court.]_
The ……………………………day of…………………..20……….is fixed for you to show cause why
the Court should not grant the certificate asked for.
GIVEN under my hand and the seal of the Court, this…………….day of…………………………20....
_Registrar._
**No. 13**
NOTICE TO RESPONDENT OF ADMISSION OF APPEAL TO THE [1][SUPREME COURT]
(O. 45, r. 8.)
_(Title)_
T o
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
WHEREAS…………………………………., the………………..in the above case, has furnished the security
and made the deposit required by Order XLV, rule 7, of the Code of Civil Procedure, 1908:
Take notice that the appeal of the said………………………to[ 3][the Supreme Court] has been
admitted on the…………………day of…………………20………
GIVEN under my hand and the seal of the Court, this…………….. day of…………………..……20…
_Registrar._
1. Subs. by the A.O. 1950, for “KING IN COUNCIL”.
2. Subs. by Act 49 of 1973, s. 4, for the former paragraph.
3. Subs. by the A.O. 1950, for “His Majesty in Council”.
324
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**No. 14**
NOTICE TO SHOW CAUSE WHY A REVIEW SHOULD NOT BE GRANTED
(O. 47, r. 4.)
(Title)
T o
TAKE notice that…………………………has applied to this Court for a review of its decree passed on
the………………………day of……………………………. 20…………………… in the above case. The
……………….day of……………………..20…………………fixed for you to show cause why the Court
should not grant a review of its decree in this case.
GIVEN under my hand and the seal of the Court, this…………….. day of…………………….20....
_Judge._
325
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APPENDIX H
MISCELLANEOUS
**No. 1**
AGREEMENT OF PARTIES AS TO ISSUES TO BE TRIED
(O. 14, r. 6.)
_(Title)_
WHEREAS we, the parties in the above suit, are agreed as to the question of fact [ _or_ of law] to be
decided between us and the point at issue between us is whether a claim founded on a bond, dated the day
of……………………….20…………………….and filed as Exhibit………………………..in the said
suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be):
We therefore severally bind ourselves that, upon the finding of the Court in the negative [ _or_ affirmative]
of such issue,…………………….will pay to the said…………..the sum of Rupees………………….
_(or_ such sum as the Court shall hold to be due thereon), and I, the said………………, will accept the
said sum of Rupees………………..(or such sum as the Court shall hold to be due) in full satisfaction
of my claim on the bond aforesaid [or that upon such finding I, the said………………….., will do or
abstain from doing, etc., etc.]
_Plaintiff._
_versus_
_Defendant._
Witnesses:—
1.
2.
Dated the……………………………….day of……………………20……………..
**No. 2**
NOTICE OF APPLICATION FOR THE TRANSFER OF A SUIT TO ANOTHER COURT FOR TRIAL
(Section 24.)
In the Court of the District Judge of………………………..No………………………of.......20…….
To
WHEREAS an application, dated the………………….day of……………………….20…………..., has
been made to this Court by…………….the………………………….in Suit No…………………………of
20……………now pending in the Court of the…………at………………………………………..in which
…………………is plaintiff and…………………………...is defendant, for the transfer of the suit for trial
to the Court of the……………….at…………………….:—
You are hereby informed that the……………..day of……………………20…………………has been
fixed for the hearing of the application, when you will be heard if you desire to offer any objection to it.
GIVEN under my hand and the seal of the Court, this………….day of………………………20………
_Judge._
1[No. 2A
LIST OF WITNESSES PROPOSED TO BE CALLED BY PLAINTIFF/DEFENDANT
(O. XVI, r. 1.)
Name of the party
which proposes to
call the witness
Name and address
of the witness
Remarks]
1. Ins. by Act 104 of 1976, s. 96 (w.e.f. 1-2-1977).
326
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**No. 3**
NOTICE OF PAYMENT INTO COURT
(O. 24, r.2.)
_(Title)_
TAKE notice that the defendant has paid into Court Rs. …………………….and says that that sum is
sufficient to satisfy the plaintiff's claim in full.
X Y, Pleader for the defendant.
To Z., Pleader for the plaintiff.
**No. 4**
NOTICE To SHOW CAUSE (GENERAL FORM)
_(Title)_
T o
WHEREAS the above-named………………………………………...has made application to this Court
that……………………….;
You are hereby warned to appear in this Court in person or by a pleader duly instructed on the
…................................day of…………………20......, at……..O’clock in the forenoon, to show cause
against the application, failing wherein, the said application will be heard and determined ex parte.
GIVEN under my hand and the seal of the Court, this………………day of……….20………….
_Judge._
**No. 5**
PLAINTIFF
LIST OF DOCUMENTS PRODUCED BY
(O. 13, r. 1.)
DEFENDANT
(Title)
No. Description of document. Date, if any which Signature of party or pleader.
the document bears.
1 2 3 4
**No. 6**
NOTICE TO PARTIES OF THE DAY FIXED FOR EXAMINATION OF A WITNESS ABOUT TO LEAVE THE JURISDICTION
(O. 18, r. 16.)
_(Title)_
To
_Plaintiff (or defendant)._
.................................
.................................
WHEREAS in the above suit application has been made to the Court by………………………...that the
examination of…………………, a witness required by the said…………………………..., in the said suit
may be taken immediately; and it has been shown to the Court's satisfaction that the said witness is about to
leave the Court's jurisdiction (or any other good and sufficient cause to be stated);
Take notice that the examination of the said witness………………………will be taken by the Court
on the……………………day of……………………………20…………
Dated the…………day of…………………………………….20…………..
_Judge._
327
|Col1|Col2|(O. 13, r. 1.) (Title)|DEFENDANT|
|---|---|---|---|
|No.|Description of document.|Date, if any which the document bears.|Signature of party or pleader.|
|1|2|3|4|
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**No. 7**
COMMISSION TO EXAMINE ABSENT WITNESS
(O. 26, rr. 4, 18.)
_(Title)_
WHEREAS the evidence of………………………………………is required by the……………….
in the above suit; and whereas……………………………………..; you are requested to take the evidence
on interrogatories [or viva voce] of such witness……………………………………………….and you are
hereby appointed Commissioner for that purpose. The evidence will be taken in the presence of the parties or
their agents if in attendance, who will be at liberty to question the witness on the points specified, and you
are further requested to make return of such evidence as soon as it may be taken.
Process to compel the attendance of the witness will be issued by any Court having jurisdiction on
your application.
A sum of Rs……………………., being your fee in the above, is herewith forwarded.
GIVEN under my hand and the seal of the Court, this.…………………day of……………….20……...
_Judge._
**No. 8**
LETTER OF REQUEST
(O. 26, r.5.)
_(Title)_
(Heading:—To the President and Judges of, etc., etc., or as the case may be.)
WHEREAS a suit is now pending in the………………………………………………...in which A. B. is
plaintiff and C.D. is defendant; And in the said suit the plaintiff claims.
_(Abstract of claim.)_
And whereas it has been represneted to the said Court that it is necessary for the purposes of justice and
for the due determination of the matters in dispute between the parties, that the following persons should be
examined as witnesses upon oath touching such matters, that is to say:
_E. F., of_
_G. H., of_
and
_I. J., of_
And it appearing that such witnesses are resident within the jurisdiction of your honourable Court;
Now I…………………………………., as the………………………………. of the said Court, have
the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said
Court, you, as the President and Judges of the said……………….or some one or more of you, will
be pleased to summon the said witness (and such other witnesses as the agents of the said plaintiff and
defendant shall humbly, request you in writing so to summon) to attend at such time and place as you shall
appoint before some one or more of you or such other person as according to the procedure of your Court is
competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon
the interrogatories which accompany this letter of request _(or viva voce)_ touching the said matters in
question in the presence of the agents of the plaintiff and defendant, or such of them as shall, on due notice
given, attend such examination.
And I further have the honour to request that you will be pleased to cause the answers of the said
witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such
examination to be duly marked for identification, and that you will be further pleased to authenticate such
examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return
the same, together with such request in writing, if any, for the examination of other witnesses to the said
Court.
_Note.—If the request is directed to a Foreign Court, the words “through_ [1][the Ministry of External Affairs
of the Government of India] for transmission” should be inserted after the words “other witnesses” in the
last line of this form.
1. Subs. by the A. O. 1950, for “His Majesty’s Secretary of State for Foreign Affairs”.
328
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**No. 9**
COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE ACCOUNTS
(O. 26, rr. 9,11.)
(Title)
To
WHEREAS it is deemed requisite, for the purposes of this suit, that a commission for.........................
should be issued; You are hereby appointed Commissioner for the purpose of............................................
Process to compel the attendance before you of any witnesses, or for the production of any documents
whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on
your application.
A sum of Rs......................................, being your fee in the above, is herewith forwarded.
GIVEN under my hand and the seal of the Court, this.............................day of............................20
_Judge._
**No. 10**
COMMISSION TO MAKE A PARTITION
(O. 26, r. 13.)
(Title)
To
WHEREAS it is deemed requisite for the purposes of this suit that a commission should be issued to
make the partition or separation of the property specified in, and according to the rights as declared in, the
decree of this Court, dated the.............................. day of.........................................20......................;You are
hereby appointed Commissioner for the said purpose and are directed to make such inquiry as may be
necessary, to divide the said property according to the best of your skill and judgment in the shares set out
in the said decree, and to allot such shares to be several parties. You are hereby authorized to award sums
to be paid to any party by any other party for the purpose of equalizing the value of the shares.
Process to compel the attendance before you of any witness, or for the production of any documents,
whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on
your application.
A sum of Rs................, being your fee in the above, is herewith forwarded.
GIVEN under my hand and the seal of the Court, this........................... day of............................ 20.
_Judge._
329
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1[No.11
NOTICE TO CERTIFICATED, NATURAL, OR, de facto GUARDIAN
(O. XXXII, r. 3.)
(Title)
(Certificated/Natural/de facto Guardian)
To
WHEREAS an application has been presented on the part of the plaintiff*/on behalf of the minor
defendant*/in the above suit for the appointment of a guardian for the suit for the minor
defendant............., you (insert the name of the guardian appointed or declared by Court, or natural
guardian, or the person in whose care the minor is) are hereby required to take notice that unless you
appear before this Court on or before the day appointed for the hearing of the case and stated in the
appended summons, and express your consent to act as guardian for the suit for the minor, the Court will
proceed to appoint some other person to act as a guardian for the minor, for the purposes of the said suit.
GIVEN under my hand and the seal of the Court, this........................... day of............................. 20.
_Judge._
**No. 11A**
NOTICE TO MINOR DEFENDANT
(Order XXXII, r. 3.)
(Title)
T o
Minor Defendant
WHEREAS an application has been presented on the part of the plaintiff in the above suit for the
appointment of..............................* as guardian for the suit for you, the minor defendant, you are hereby
required to take notice to appear in this Court in person on the....................day
of..........20......................at......................O’clock in the forenoon to show cause against the application,
failing which the said application will be heard and determined ex parte.
GIVEN under my hand and the seal of the Court, this ...................... day of ................... 20 .....
_Judge.]_
**No. 12**
NOTICE TO OPPOSITE PARTY OF DAY FIXED FOR HEARING EVIDENCE OF PAUPERISM
(O. 33, r.6.)
(Title)
To
WHEREAS .. .............................................................................................................................................
has applied to this Court for permission to institute a suit against..........................in forma pauper is under
Order XXXIII of the Code of Civil Procedure, 1908; and whereas the Court sees no reason to reject
the application; and whereas the.........day of...........20.....................has been fixed for receiving such
evidence as the applicant may adduce in proof of his pauperism and for hearing any evidence which may
be adduced in disproof thereof:
Notice is hereby given to you under rule 6 of Order XXXIII that in case you may wish to offer any
evidence to disprove the pauperism of the applicant, you may do so on appearing in this Court on the said
..................day of ................ 20 .
GIVEN under my hand and the seal of the Court, this ...................... day of ..................... 20 .
_Judge._
*Strike off the words which are not applicable.
1. Subs. by Act 104 of 1976, s. 96, for Form 11 (w.e.f. 1-2-1977).
330
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**No. 13**
NOTICE TO SURETY OF HIS LIABILITY UNDER A DECREE
(Section 145)
(Title)
To
...........................
...........................
WHEREAS you..........................................did on.............................................become liable as surety for the
performance of any decree which might be passed against the said.............................defendant in the
above suit; and whereas a decree was passed on the........day of..........................20...........................against
the said defendant for the payment of..........................................................and whereas application has
been made for execution of the said decree against you:
Take notice that you are hereby required on or before the................... day of............................ 20......
to show cause why the said decree should not be executed against you, and if no sufficient cause shall be,
within the time specified, shown to the satisfaction of the Court, an order for its execution will be
forthwith issued in the terms of the said application.
GIVEN under my hand and the seal of the Court, this........................... day of................ 20.
_Judge._
331
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|No. 14 REGISTER OF CIVIL SUITS (O. 4, R.2.) COURT OF THE OF AT OF CIVIL SUITS IN THE YEAR REGISTER 20|Return of Execution|Minute of other Return than Payment or Arrest, and date to every Return|Col4|there are numerous plaintiffs, or numerous defendants, the name of the first Plaintiff only, or the first defendant only, as NOTE.—Where the case may be, need be entered in the register.|
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|No. 15 OF REGISTER APPEALS (O. 41, r.9.) COURT (OR HIGH COURT) AT OF APPEALS FROM DECREES IN THE YEAR 20 ……… REGISTER|Judgment|Col3|Col4|
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1[APPENDIX-I
STATEMENT OF TRUTH
(Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3)
I ----- the deponent do hereby solemnly affirm and declare as under:
1. I am the party in the above suit and competent to swear this affidavit.
2. I am sufficiently conversant with the facts of the case and have also examined all relevant
documents and records in relation thereto.
3. I say that the statements made in -----paragraphs are true to my knowledge and statements made in
----paragraphs are based on information received which I believe to be correct and statements made in --paragraphs are based on legal advice.
4. I say that there is no false statement or concealment of any material fact, document or record and I
have included information that is according to me, relevant for the present suit.
5. I say that all documents in my power, possession, control or custody, pertaining to the facts and
circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the
plaint, and that I do not have any other documents in my power, possession, control or custody.
6. I say that the above-mentioned pleading comprises of a total of ----- pages, each of which has been
duly signed by me.
7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me.
8. I say that I am aware that for any false statement or concealment, I shall be liable for action taken
against me under the law for the time being in force.
Place:
Date:
DEPONENT
VERIFICATION
I, ………………………. do hereby declare that the statements made above are true to my
knowledge.
Verified at [place] on this [date]
DEPONENT.]
1. Ins. by Act 28 of 2018, s. 18 (w.e.f. 23-10-2015).
334
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**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
After Appendix H, insert the following Appendix, namely:—
APPENDIX-I
STATEMENT OF TRUTH
(Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3)
I ----- the deponent do hereby solemnly affirm and declare as under:
1. I am the party in the above suit and competent to swear this affidavit.
2. I am sufficiently conversant with the facts of the case and have also examined all relevant
documents and records in relation thereto.
3. I say that the statements made in -----paragraphs are true to my knowledge and statements made
in -----paragraphs are based on information received which I believe to be correct and statements made
in ---paragraphs are based on legal advice.
4. I say that there is no false statement or concealment of any material fact, document or record and I
have included information that is according to me, relevant for the present suit.
5. I say that all documents in my power, possession, control or custody, pertaining to the facts and
circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the
plaint, and that I do not have any other documents in my power, possession, control or custody.
6. I say that the above-mentioned pleading comprises of a total of ----- pages, each of which has been
duly signed by me.
7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me.
8. I say that I am aware that for any false statement or concealment, I shall be liable for action taken
against me under the law for the time being in force.
Place:
Date:
DEPONENT
VERIFICATION
I, ………………………. do hereby declare that the statements made above are true to my
knowledge.
Verified at [place] on this [date]
DEPONENT.]
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
_Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]._
335
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THE SECOND SCHEDULE.—[Arbitration.] _Rep. by the Arbitration Act,_ 1940 (10 _of 1940),_
_s. 49 (1) and the Third Sch._
THE THIRD SCHEDULE.—[Execution of Decrees by Collectors.] _Rep by the Code of Civil_
_Procedure (Amendment) Act, 1956 (66 of 1956), s. 15._
THE FOURTH SCHEDULE.—[Enactments amended.] _Rep. by the Repealing and Amending Act,_
1952 (48 of 1952), s. 2 and the First Sch.
THE FIFTH SCHEDULE.—[Enactments repealed.] _Rep. by the Second Repealing and Amending_
_Act, 1914 (17 of 1914). s. 3 and the Second Sch._
336
-----
ANNEXURE
THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1976
(104 OF 1976)
- - - -
CHAPTER V
REPEAL AND SAVINGS
**97. Repeal and savings.—(1) Any amendment made, or any provision inserted in the principal Act by**
State Legislature or a High Court before the commencement of this Act shall except in so far as such
amendment or provision is consistent with the provisions of the principal Act as amended by this Act, stand
repealed.
(2) Notwithstanding that the provisions of this Act have come into force or the repeal under
sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of
the General Clauses Act, 1897 (10 of 1897),—
(a) the amendment made to clause (2) of section 2 of the principal Act by section 3 of this Act
shall not affect any appeal against the determination of any such question as is referred to in
section 47 and every such appeal shall be dealt with as if the said section 3 had not come into force;
(b) the provisions of section 20 of the principal Act, as amended by section 7 of this Act, shall not
apply to or affect any suit pending immediately before the commencement of the said section; and
every such suit shall be tried as if the said section 7 had not come into force;
(c) the provisions of section 21 of the principal Act, as amended by section 8 of this Act, shall not
apply to or affect any suit pending immediately before the commencement of the said section 8; and
every such suit shall be tried as if the said section 8 had not come into force;
(d) the provisions of section 25 of the principal Act, as substituted by section 11 of this Act, shall
not apply to or affect any suit, appeal or other proceeding wherein any report has been made under
the provisions of section 25 before the commencement of the said section 11; and every such suit,
appeal or other proceeding shall be dealt with as if the said section11 had not come into force;
(e) the provisions of section 34 of the principal Act, as amended by section 13 of this Act, shall not
affect the rate at which interest may be allowed on a decree in any suit instituted before the
commencement of the said section 13 and interest on a decree passed in such suit shall be ordered in
accordance with the provisions of section 34 as they stood before the commencement of the said
section 13 as if the said section 13 had not come into force;
(f) the provisions of section 35A of the principal Act, as amended by section 14 of this Act, shall
not apply to or affect any proceedings for revision, pending immediately before the commencement of
the said section 14 and every such proceedings shall be dealt with and disposed of as if the said section
14 had not come into force;
(g) the provisions of section 60 of the principal Act, as amended by section 23 of this Act, shall
not apply to any attachment made before the commencement of the said section 23;
(h) the amendment of section 80 of the principal Act by section 27 of this Act shall not apply to
or affect any suit instituted before the commencement of the said section 27; and every such suit shall
be dealt with as if section 80 had not been amended by the said section 27;
(i) the provisions of section 82 of the principal Act, as amended by section 28 of this Act, shall not
apply to or affect any decree passed against the Union of India or a State or, as the case may be, a public
officer, before the commencement of the said section 28 or to the execution of any such decree; and
every such decree or execution shall be dealt with as if the said section 28 had not come into force;
(j) the provisions of section 91 of the principal Act, as amended by section 30 of this Act, shall
not apply to or affect any suit, appeal or proceeding instituted or filed before the commencement of
the said section 30; and every such suit, appeal or proceeding shall be disposed of as if the said
section 30 had not come into force;
337
-----
(k) the provisions of section 92 of the principal Act, as amended by section 31 of this Act, shall
not apply to or affect any suit, appeal or proceeding instituted or filed before the commencement of
the said section 31; and every such suit, appeal or proceeding shall be disposed of as if the said
section 31 had not come into force;
(1) the provisions of section 96 of the principal Act, as amended by section 33 of this Act, shall not
apply to or affect any appeal against the decree passed in any suit instituted before the commencement
of the said section 33; and every such appeal shall be dealt with as if the said section 33 had not come
into force;
(m) the provisions of section 100 of the principal Act, as substituted by section 37 of this Act,
shall not apply to or affect any appeal from an appellate decree or order which had been admitted;
before the commencement of the said section 37, after hearing under rule 11 of Order XLI; and every
such admitted appeal shall be dealt with as if the said section 37 had not come into force;
(n) section 100A, as inserted in the principal Act, by section 38 of this Act, shall not apply to or
affect any appeal against the decision of a single Judge of a High Court under any Letters Patent
which had been admitted before the commencement of the said section 38; and every such admitted
appeal shall be disposed of as if the said section 38 had not come into force;
(o) the amendment of section 115 of the principal Act, by section 43 of this Act, shall not apply
to or affect any proceeding for revision which had been admitted, after preliminary hearing, before
the commencement of the said section 43; and every such proceeding for revision shall be disposed
of as if the said section 43 had not come into force;
(p) the provisions of section 141 of the principal Act, as amended by section 47 of this Act, shall
not apply to or affect any proceeding which is pending immediately before the commencement of the
said section 47; and every such proceeding shall be dealt with as if the said section 47 had not come
into force;
(q) the provisions of rules 31, 32, 48A, 57 to 59, 90 and 97 to 103 of Order XXI of the First
Schedule as amended or, as the case may be, substituted or inserted by section 72 of this Act shall
not apply to or affect—
(i) any attachment subsisting immediately before the commencement of the said section 72,
or
(ii) any suit instituted before such commencement under rule 63 aforesaid to establish right
to attached property or under rule 103 aforesaid to establish possession, or
(iii) any proceeding to set aside the sale of any immovable property,
and every such attachment, suit or proceeding shall be continued as if the said section 72 had not come
into force;
(r) the provisions of rule 4 of Order XXII of the First Schedule, as substituted by section 73 of this
Act shall not apply to any order of abatement made before the commencement of the said section 73;
(s) the amendment, as well as substitution made in Order XXIII of the First Schedule by
section 74 of this Act shall not apply to any suit or proceeding pending before the commencement of
the said section 74;
(t) the provisions of rules 5A and 5B of Order XXVII, as inserted by section 76 of this Act, shall
not apply to any suit, pending immediately before the commencement of the said section 76; against
the Government or any public officer; and every such suit shall be dealt with as if the said section 76
had not come into force;
(u) the provisions of rules 1A, 2A and 3 of Order XXVIIA, as inserted or substituted, as the case
may be, by section 77 of this Act shall not apply to or affect any suit which is pending before the
commencement of the said section 77;
338
-----
(v) rules 2A, 3A and 15 of Order XXXII of the First Schedule, as amended, or as the case may be, substituted
by section 79 of this Act, shall not apply to a suit pending at the commencement of the said section 79 and every
such suit shall be dealt with and disposed of as if the said section 79 had not come into force;
(w) the provisions of Order XXXIII of the First Schedule, as amended by section 81 of this Act, shall not apply
to or affect any suit or proceeding pending before the commencement of the said section 81 for permission to sue as
a pauper; and every such suit or proceeding shall be dealt with and disposed of as if the said section 81 had not come
into force;
(x) the provisions of Order XXXVII of the First Schedule, as amended by section 84 of this Act, shall not
apply to any suit pending before the commencement of the said section 84, and every such suit shall be dealt with
and disposed of as if the said section 84 had not come into force;
(y) the provisions of Order XXXIX of the First Schedule, as amended by section 86 of this Act, shall not
apply to or affect any injunction subsisting immediately before the commencement of the said section 86; and
every such injunction and proceeding for dis-obedience of such injunction shall be dealt with as if the said
section 81 had not come into force;
(z) the provisions of Order XLI of the First Schedule, as amended by section 87 of this Act, shall not apply to or
affect any appeal pending immediately before the commencement of the said section 87; and every such appeal
shall be disposed of as if the said section 87 had not come into force:
(za) the provisions of Order XLII of the First Schedule, as amended by section 88 of this Act, shall not apply
to or affect any appeal from an appellate decree or order which had been admitted, before the commencement of
the said section 88 after hearing under rule 11 of Order XLI; and every such admitted appeal shall be dealt with as
if the said section 88 had not come into force;
(zb) the provisions of Order XLIII of the First Schedule, as amended by section 89 of this Act, shall not apply to
any appeal against any order pending immediately before the commencement of the said section 89; and every such
appeal shall be disposed of as if the said section 89 had not come into force;
(3) Save as otherwise provided in sub-section (2), the provisions of the principal Act, as amended by this Act,
shall apply to every suit, proceedings, appeal or application, pending at the commencement of this Act or instituted or
filed after such commencement, notwithstanding the fact that the right, or cause of action, in pursuance of which such
suit, proceeding, appeal or application is instituted or filed, had been acquired or had accrued before such
commencement.
- - -
339
-----
|
8-Jun-1908 | 06 | The Explosive Substances Act, 1908 | https://www.indiacode.nic.in/bitstream/123456789/2342/1/AAA1908___06.pdf | central | THE EXPLOSIVE SUBSTANCES ACT, 1908
____________
ARRANGEMENT OF SECTIONS
___________
SECTIONS
1. Short title, extent and application.
2. Definition.
3. Punishment for causing explosion likely to endanger life or property.
4. Punishment for attempt to cause explosion, or for making or keeping explosive with intent to
endanger life or property.
5. Punishment for making or possessing explosives under suspicious circumstances.
6. Punishment of abettors.
7. Restriction on trial of offences.
1
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# THE EXPLOSIVE SUBSTANCES ACT, 1908
ACT NO. 6 OF 1908[1]
An Act further to amend the law relating to explosive substances.
[8th June, 1908.]
WHEREAS it is necessary further to amend the law relating to explosive substances; It is hereby
enacted as follows:—
**1. Short title, extent and application.—(1) This Act may be called the Explosive Substances**
Act, 1908.
2[(2) It extends to the whole of India 3*** and applies also to citizens of India 4[outside India].]
5[2. Definition.—In this Act—
(a) the expression “explosive substance” shall be deemed to include any materials for
making any explosive substance; also any apparatus, machine, implement or material used,
or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with
any explosive substance; also any part of any such apparatus, machine or implement;
(b) the expression “special category explosive substance” shall be deemed to include
research development explosive (RDX), penta erythritol tetra nitrate (PETN), high melting
explosive (HMX), tri nitro toluene (TNT), low temperature plastic explosive (LTPE),
composition exploding (CE) (2, 4, 6 phenyl methyl nitramine or tetryl), OCTOL (mixture of
high melting explosive and tri nitro toluene), plastic explosive kirkee-1 (PEK-1) and
RDX/TNT compounds and other similar type of explosives and a combination thereof and
remote control devices causing explosion and any other substance and a combination
thereof which the Central Government may, by notification in the Official Gazette, specify
or the purposes of this Act.
**3. Punishment for causing explosion likely to endanger life or property.—Any person who**
unlawfully and maliciously causes by—
(a) any explosive substance an explosion of a nature likely to endanger life or to cause serious
injury to property shall, whether any injury to person or property has been actually caused or not, be
punished with imprisonment for life, or with rigorous imprisonment of either description which shall
not be less than (ten years, and shall also be liable to fine;
(b) any special category explosive substance an explosion of a nature likely to endanger life or to
cause serious injury to property shall, whether any injury to person or property has been actually
caused or not, be punished with death, or rigorous imprisonment for life, and shall also be liable to
fine.
**4. Punishment for attempt to cause explosion, or for making or keeping explosive with intent to**
**endanger life or property.—Any person who unlawfully and maliciously—**
(a) does any act with intent to cause by an explosive substance or special category explosive
substance, or conspires lo cause by an explosive substance or special category explosive substance,
an explosion of a nature likely to endanger life or to cause serious injury to property; or
1. This Act has been extended to—
Goa, Daman and Diu with modifications _by_ Reg. 12 of 1962, s. 3 and Sch., (w.e.f. 1-2-1965) and comes
into force in Pondicherry vide Reg. of 1963, s. 3 and First Schedule (w.e.f. 1-10-1963);
and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1 (w.e.f. 1 -7-1965):
the whole of territory of Lakshadweep _tide Keg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1967):_
the State of Sikkim tide Notification No. G.S.R. 201, dated 30-1-1976 (w.e.f. 1-2-1976):
2. Subs. by the A.O. 1950, for sub-section (2).
3. The words and letter “except Part B States” omitted by Act 3 of 1951, s. 3 and the Schedule.
4. Subs. by s. 3 and the Schedule, ibid., for “wherever they may be”.
5. Subs. by Act 54 of 2001, s. 2, for sections 2 to 5 (w.e.f. 1-2-2002).
2
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(b) makes or has in his possession or under his control any explosive substance or special
category explosive substance with intent by means thereof to endanger life, or cause serious injury to
property, or to enable any other person by means thereof to endanger life or cause serious injury to
property in India,
shall, whether any explosion does or does not take place and whether any injury to person or property has
been actually caused or not, be punished,—
(i) in the case of any explosive substance, with imprisonment for life, or with imprisonment
of either description for a term which may extend to ten years, and shall also be liable to fine;
(ii) in the case of any special category explosive substance, with rigorous imprisonment for
life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be
liable to fine.
**5. Punishment for making or possessing explosives under suspicious circumstances.—Any**
person who makes or knowingly has in his possession or under his control any explosive substance or
special category explosive substance, under such circumstances as to give rise to a reasonable suspicion
that he is not making it or does not have it in his possession or under his control for a lawful object, shall,
unless he can show that he made it or had it in his possession or under his control for a lawful object, be
punished,—
(a) in the case of any explosive substance, with imprisonment for a term which may extend to ten
years, and shall also be liable to fine;
(b) in the case of any special category explosive substance, with rigorous imprisonment for life,
or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to
fine.]
**6. Punishment of abettors.—Any** person who by the supply or solicitation for money, the providing
of premises, the supply of materials, or in any manner whatsoever, procures, counsels, aids, abets, or is
accessory to, the commission of any offence under this Act shall be punished with the punishment
provided for the offence.
7. Restriction on trial of offences.—No court shall proceed to the trial of any person for an offence
against this Act except with the consent of [1]*** the [2][District Magistrate].
1. The words “the L.G. or” rep. by the A.O. 1937.
2. Subs. by Act 54 of 2001, s. 3, for “Central Government” (w.e.f. 1-2-2002).
3
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|
30-Oct-1908 | 13 | The Central Provinces Financial Commissioner's Act, 1908 | https://www.indiacode.nic.in/bitstream/123456789/19222/1/a1908-13.pdf | central | THE CENTRAL PROVINCES FINANCIAL COMMISSIONER’S ACT, 1908
_________
ARRANGEMENT OF SECTIONS
**________**
# SECTIONS.
1. Short title and commencement.
2. Appointment of Financial Commissioner.
3. Assignment of powers to Financial Commissioner.
4. Substitution of new sections for sections 5 and 6, Act XVIII, 1881.
Revenue-officers.
Subordination of officers.
5. Amendment of sections 17 and 25 Act XVIII, 1881.
6. Amendment of sections 22 and 23 Act XVIII, 1881.
1
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# THE CENTRAL PROVINCES FINANCIAL COMMISSIONER’S ACT, 1908
_________
# ACT NO 13 OF 1908
________
# PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
(Received the assent of the Governor General on the 30th October, 1908.)
____________
An Act to provide for the appointment of a Financial Commissioner for the Central Provinces and further
to amend the Central Provinces Land-revenue Act, 1881.
WHEREAS it is expedient to appoint a Financial Commissioner for the Central Provinces and further to
amend the Central Provinces Land-revenue Act, 1881 (XVIII of 1881); It is hereby enacted as follows: —
**1. Short title and commencement.—(1) This Act may be called the Central Provinces Financial**
Commissioner’s Act, 1908; and
(2) It shall come into force on such date as the Chief Commissioner, with the previous sanction of the
Governor General in Council, may, by notification in the local official Gazette, direct.
**2. Appointment of Financial Commissioner.—(1) There shall be a Financial Commissioner for the**
Central Provinces.
(2) The Chief Commissioner, with the previous sanction of the Governor General in Council, shall
appoint, and may suspend or remove, the Financial Commissioner.
**3. Assignment of powers to Financial Commissioner.— The Chief Commissioner, with the previous**
sanction of the Governor General in Council, may, by notification in the local official Gazette, assign to the
Financial Commissioner, subject to such conditions and restrictions, if any, as the Chief Commissioner with
the like sanction may prescribe, all or any powers or functions assigned to the Local Government or to
the Chief Commissioner or to the Chief Revenue-authority or the Chief Controlling Revenue-authority by
any enactment for the time being in force.
**4. Substitution of new sections for sections 5 and 6, Act XVIII, 1881.—For section 5 and 6 of the**
Central Provinces Land-revenue Act, 1881 the following shall be substituted, namely:—
**“5. Revenue-officers.—There shall be the following classes of Revenue-officers, namely:—**
the Chief Commissioner,
the Financial Commissioner,
Commissioners,
Deputy Commissioners,
Assistant Commissioners,
Tahsildars,
Naib-tahsildars.”
“6. Subordination of officers.—(1) The Chief Commissioner shall, in all revenue matters, be subject
to the control of the Governor General in Council.
2
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(2) The Financial Commissioner shall be subject to the control of the Chief Commissioner.
(3) All other Revenue-officers shall be subordinate to the Chief Commissioner and the Financial
Commissioner; all Revenue-officers in a division shall be subordinate to the Commissioner of the division;
and all Revenue-officers in a district shall be subordinate to the Deputy Commissioner of the district.
(4) An officer in charge of a village-survey in a district which is not under settlement may be invested
by the Chief Commissioner with the powers of a Revenue-officer of any class, and, when so invested, shall
be subordinate to such officer or officers as the Chief Commissioner may direct.”
**5. Amendment of sections 17 and 25 Act XVIII, 1881.—In sections 17 and 25 of the said Act, after**
the words “Chief Commissioner”, wherever they occur, the words “or the Financial Commissioner” shall
be added.
**6. Amendment of sections 22 and 23 Act XVIII, 1881.—In sections 22, clause (c), and 23, clause (c),**
of the said Act, for the words “Chief Commissioner” the words “Financial Commissioner” shall be
substituted.
________
3
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|
18-Dec-1908 | 15 | The Indian Ports Act, 1908 | https://www.indiacode.nic.in/bitstream/123456789/2344/1/A1908-15.pdf | central | SECTIONS
1. Title and extent.
2. Savings.
3. Definitions.
# THE INDIAN PORTS ACT, 1908[1]
__________
ARRANGEMENT OF SECTIONS
__________
CHAPTER I
PRELIMINARY
CHAPTER II
POWERS OF THE GOVERNMENT
4. Power to extend or withdraw the Act or certain portions thereof.
5. Alteration of limits of ports.
6. Power to make port-rules.
CHAPTER III
PORT-OFFICIALS AND THEIR POWERS AND DUTIES
7. Appointment of conservator.
8. Power of conservator to give and enforce directions for certain specified purposes.
9. Power to cut warps and ropes.
10. Removal of obstructions within limits of port.
11. Recovery of expenses of removal.
12. Removal of lawful obstructions.
13. Fouling of Government moorings.
14. Raising or removal of wreck impeding navigation within limits of port.
15. Power to board vessels and enter buildings.
16. Power to require crews to prevent or extinguish fire.
17. Appointment and powers of health-officer.
18. Indemnity of Government against act or default of port-official or pilot.
CHAPTER IV
RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF PORTS
_General Rules_
19. Injuring buoys, beacons and moorings.
20. Wilfully loosening vessel from moorings.
21. Improperly discharging ballast.
22. Graving vessel within prohibited limits.
23. Boiling pitch on board vessel within prohibited limits.
**1. Subject to verification and confirmation by the Department.**
1
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SECTIONS
24. Drawing spirits by unprotected artificial light.
25. Warping.
26. Leaving out warp or hawser after sunset.
27. Discharge of fire-arms in port.
28. Penalty on master omitting to take order to extinguish fire.
29. Unauthorised person not to search for lost stores.
30. Removing stones or injuring shores of port prohibited.
_Special Rules_
31. Moving of vessels without pilot or permission of harbour-master.
32. Provision of certain vessels with fire-extinguishing apparatus.
CHAPTER V
PORT-DUES, FEES AND OTHER CHARGES
33. Levy of port-dues.
34. Variation of port-dues by Government.
35. Fees for pilotage and certain other services.
36. Receipt, expenditure and account of port-charges.
37. Grouping of ports.
38. Receipts for port-charges.
39. Master to report arrival.
40. Conservator may in certain cases ascertain draught and charge expense to master.
41. Ascertainment of tonnage of vessel liable to port-dues.
42. Distraint and sale on refusal to pay port-charges.
43. No port-clearance to be granted until port-charges are paid.
44. Port-charges payable in one port recoverable at any other port.
45. Penalty for evading payment of port-charges.
46. Port-due on vessels in ballast.
47. Port-due on vessels not discharging or taking in cargo.
48. Port-due not to be chargeable in certain cases.
49. Power to impose hospital port-dues.
50. Application and account of hospital port-dues.
CHAPTER VI
HOISTING SIGNALS
51. Master to hoist number of vessel.
52. Pilot to require master to hoist number.
53. Penalty on pilot disobeying provisions of this Chapter.
CHAPTER VII
PROVISIONS WITH RESPECT TO PENALTIES
54. Penalty for disobedience to rules and orders of the Government.
55. Offences how triable, and penalties how recovered.
2
-----
SECTIONS
56. Costs of conviction.
57. Ascertainment and recovery of expenses and damages payable under this Act.
58. Costs of distress.
59. Magistrate to determine the amount to be levied in case of dispute.
60. Jurisdiction over offences beyond local limits of jurisdiction.
61. Conviction to be quashed oil merits only.
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
62. Hoisting unlawful colours in port.
63. Foreign deserters.
64. Application of sections 10 and 21.
65. Grant of sites for sailors’ institutes.
66. Exercise of powers of conservator by his assistants.
67. Service of written notices of directions.
68. Publication of orders of Government.
68A. Authorities exercising jurisdiction in ports to co-operate in manoeuvres for defence of
port.
68B. Duties of the said authorities in an emergency.
68C. Application of certain provisions of the Act to aircraft.
68D. Maritime seruity.
69.[Repealed.].
THE FIRST SCHEDULE.—PORTS, VESSELS CHARGEABLE, RATE OF PORT-DUES AND FREQUENCY
OF PAYMENT.
THE SECOND SCHEDULE.—[Repealed.].
3
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# THE INDIAN PORTS ACT, 1908[1]
ACT NO. 15 OF 1908
An Act to consolidate the enactments relating to ports and port-charges.
[18th December, 1908.]
WHEREAS it is expedient to consolidate the enactments relating to ports and port-charges; It is hereby
enacted as follows:—
CHAPTER
PRELIMINARY
**1. Title and extent.—(1) This Act may be called the Indian Ports Act, 1908.**
(2) It shall extend, save as otherwise appears from its subject or context,—
(a) to the ports mentioned in the first schedule, and to such parts of the navigable rivers
and channels leading to such ports respectively as have been declared to be subject to Act
XXII of 1855 (for the Regulation of Ports and Port-dues) or to the Indian Ports Act, 1875 (12
of 1875), or to the Indian Ports Act, 1889 (10 of 1889);
(b) to the other ports or parts of navigable rivers or channels to which the
2[Government], in exercise of the power hereinafter conferred, extends this Act.
(3) But nothing in section 31 or section 32 shall apply to any port, river or channel to which the
section has not been specially extended by the [2][Government].
**2. Savings.—Nothing in this Act shall—**
(i) apply to any vessel belonging to, or in the service of, [3][the Central Government
or a State Government] [4]*** or to any vessel of war belonging to any Foreign Prince or
State, or
(ii) deprive any person of any right of property or other private right, except as hereinafter
expressly provided, or
(iii) affect any law or rule relating to the customs or any order or direction lawfully
made or given pursuant thereto.
**3. Definitions.—In this Act, unless there is anything repugnant in the subject or**
context, —
5[(1) “Magistrate” means a person exercising powers under the Code of Criminal Procedure, 1973
(2 of 1974);]
(2) “master”, when used in relation to any vessel [6][or any aircraft making use of any
port], means, subject to the provisions of any other enactment for the time being in force,
any person (except a pilot or harbour-master [6][of the port]) having for the time being the
charge or control of the vessel [6][or the aircraft, as the case may be];
1. For Report of Select Committee, see Gazette of India, 1908, Pt. V, p. 359; and for Proceedings in Council, see Gazette of India, 1908,
Pt. VI, pp. 146, 154 and 182.
This Act has been supplemented in its application to the port of Cochin by the Cochin Port Act, 1936 (6 of 1936), s. 2 and Sch.
This Act has been amended in Andhra Pradesh by A.P. Act 18 of 1968, in Pondicherry by Pondy. Act 10 of 1969 and Tamil Nadu by
T.N. Act 19 of 1975.
This Act has been extended to Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and Sch. I, to the whole of the Union territory of
Lakshadweep (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and Sch., and Goa, Daman and Diu with modifications by Reg. 12 of
1962, s. 3 and Sch.
2. Subs. by the A.O. 1937, for “Local Government”.
3. Subs. by the A.O. 1950, for “His Majesty”.
4. The words “or the Government of India” omitted by the A.O. 1937.
5. Subs. by Act 15 of 1997, s. 2, for clause (1) (w.e.f. 9-1-1997).
6. Ins. by Act 35 of 1951, s. 188.
4
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(3) “pilot” means a person for the time being authorised by the [1][Government] to pilot vessels;
(4) “port” includes also any part of a river or channel in which this Act is for the time being in
force;
(5) “port officer” is synonymous with master-attendant;
2[(6) “ton” means a ton as determined or determinable by the rules made under
section 74 of the Merchant Shipping Act, 1958 (44 of 1958), for regulating the
measurement of the gross tonnage of ships;]
(7) “vessel” includes anything made for the conveyance [3][mainly] by water of human beings or of
property;
4[(8) “major port” means any port which the Central Government may by notification in
the Official Gazette declare, or may under any law for the time being in force ha ve
declared, to be a major port; [5][and]
(9) “Government”, as respects major ports, for all purposes, and, as respects other
ports, for the purposes of making rules under clause (p) of section 6 (1) and of the
appointment and control of port health-officers under section 17, means the Central
Government, and save as aforesaid, means the State Government.]
6* - - -
CHAPTER II
POWERS OF THE [1][GOVERNMENT]
**4. Power to extend or withdraw the Act or certain portions thereof.—(1) [7]*** The [1][Government]**
may, by notification in the Official Gazette,—
(a) extend this Act to any port [8] in which this Act is not in force or to any part of any
navigable river or channel which leads to a port and in which this Act is not in force;
(b) specially extend the provisions of section 31 or section 32 to any port to which they have not
been so extended;
(c) withdraw this Act or section 31 or section 32 from any port or any part thereof in which it is
for the time being in force.
(2) A notification under clause (a) or clause (b) of sub-section (1) shall define the limits of the area to
which it refers.
(3) Limits defined under sub-section (2) may include any piers, jetties, landing-places,
wharves, quays, docks and other works made on behalf of the public for convenience of traffic,
for safety of vessels, or for the improvement, maintenance or good government of the port and its
approaches, whether within or without high-water-mark, and, subject to any rights of private
property therein, any portion of the shore or bank within fifty yards of high-water-mark.
(4) In sub-section (3) the expression “high-water-mark” means the highest point reached by ordinary
spring tides at any season of the year.
**5. Alteration of limits of ports.—(1) The** [1][Government] may, [9]*** subject to any rights of
private property, alter the limits of any port in which this Act is in force.
1. Subs. by the A.O. 1937, for “Local Government”[.]
2. Subs. by Act 23 of 1992, s. 2, for clause (6) (w.e.f. 24-01-1994).
3. Ins. by Act 35 of 1951, s. 188.
4. Added by the A.O. 1937.
5. Ins. by Act 23 of 1992, s. 2 (w.e.f. 23-1-1994).
6. Clause (10) ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and Sch.
7. The words “with the previous sanction of the Governor General in Council” omitted by Act 6 of 1916, s. 2.
8. Extended to the port of MORMUGAO vide G.S.R. 1831, dated 16-11-1963.
9. The words “with the previous sanction of the Governor General in Council and” omitted by Act 6 of 1916, s. 3.
5
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1[Explanation.—For the removal of doubts, it is hereby declared that the power coffered on the
Government by this sub-section includes the power to alter the limits of any port by uniting with that port
any other port or any part of any other port.]
(2) When the [2][Government] alters the limits of a port under sub-section (1), it shall declare or
describe, by notification in the Official Gazette, and by such other means, if any, as it thinks fit, the
precise extent of such limits.
**6. Power to make port-rules.— (1) The** [2][Government] may, in addition to any rules
which it may make under any other enactment for the time being in force, make such rules,
consistent with this Act, as it thinks necessary for any of the following purposes, namely: —
(a) for regulating the time and hours at and during which, the speed at which, and the manner and
conditions in and on which, vessels generally or vessels of any class defined in the rules, may enter,
leave or be moved in any port subject to this Act;
(b) for regulating the berths, stations and anchorages to be occupied by vessels in any such port;
(c) for striking the yards and top masts, and for rigging-in the booms and yards, of
vessels in any such port, and for swinging or taking-in davits, boats and other things
projecting from such vessels;
(d) for the removal or proper hanging or placing of anchors, spars and other things
being in or attached to vessels in any such port:
(e) for regulating vessels whilst taking-in or discharging passengers, ballast or cargo, or any
particular kind of cargo, in any such port, and the stations to be occupied by vessels whilst so
engaged;
3[(ee) for regulating the manner in which oil or water mixed with oil shall be
discharged in any such port and for the disposal of the same;]
4[(eee) for regulating the bunkering of vessels with liquid fuel in any such port and the description
of barges, pipe lines or tank vehicles to be employed in such bunkering;]
(f) for keeping free passages of such width as may be deemed necessary within any
such port, and along or near to the piers, jetties, landing-places, wharves, (pays, docks,
moorings and other works in or adjoining to the same, and for marking out the spaces so to
be kept free;
(g) for regulating the anchoring, fastening, mooring and unmooring of vessels in any
such port;
(h) for regulating the moving and warping of all vessels within any such port and the use of warps
therein;
(i) for regulating the use of the mooring buoys, chains and other moorings in any such port;
(j) for fixing the rates to be paid [5][in a port other than a major port] for the use of such moorings
when belonging to the [6] [Government], or of any boat, hawser or other thing belonging to the
2[Government];
7
[(jj) for regulating the use of piers, jetties, landing places, wharves, quays,
warehouses and sheds when belonging to the Government;
(jja) for fixing the rates to be paid for the use of piers, jetties, landing places,
wharves, quays, warehouses and sheds of any port, other than a major port, when
belonging to the Government;]
1. Ins. by Act 17 of 1978, s. 2.
2. Subs. by the A.O. 1937, for “Local Government”.
3. Ins. by Act 39 of 1923, s. 2.
4. Ins. by Act 9 of 1925, s. 2.
5. Ins. by Act 15 of 1997, s. 3 (w.e.f. 9-1-1997).
6. Subs. by the A.O. 1950, for “Crown” which had been subs. by the A.O. 1937, for “Government”.
7. Subs. by Act 15 of 1997, s. 3, for clause (jj) (w.e.f. 9-1-1997).
6
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1[(k) for licensing and regulating catamarans plying for hire, and flats and cargo, passenger and
other boats plying, whether for hire or not, and whether regularly or only occasionally, in or partly
within and partly without any such port, and for licensing and regulating the crews of any such
vessels; and for determining the quantity of cargo or number of passengers or of the crew to be
carried by any such vessels and the conditions under which such vessels shall be compelled to ply for
hire, and further for the conditions under which any licence may be revoked;
(kk) for providing for the fees payable in respect of the services specified in clause
(k) for any port, other than a major port;]
(l) for regulating the use of fires and lights within any such port;
(m) for enforcing and regultaing the use of signals or signal-lights by vessels by day or by night
in any such port;
(n) for regulating the number of the crew which must be on board any vessel afloat
within the limits of any such port;
(o) for regulating the employment of persons engaged in cleaning or painting vessels, or in
working in the bilges, boilers or double bottoms of vessels in any such port;
2[(p) _3*** for the prevention of danger arising to the public health by the introduction and the_
spread of any infectious or contagious disease from vessels arriving at, or being in, any such port, and
for the prevention of the conveyance of infection or contagion by means of any vessel sailing from
any such port, and in particular and without prejudice to the generality of this provision, for—
(i) the signals to be hoisted and the places of anchorage to be taken up by such vessels having
any case, or suspected case, of any infectious or contagious disease on board, or arriving at such
port from a port in which, or in the neighbourhood of which, there is believed to be, or to have
been at the time when the vessel left such port, any infectious or contagious disease;
(ii) the medical inspection of such vessels and of persons on board such vessels;
(iii) the questions to be answered and the information to be supplied by masters, pilots and
other persons on board such vessels;
(iv) the detention of such vessels and of persons on board such vessels;
(v) the duties to be performed in cases of any such disease by masters, pilots and other
persons on board such vessels;
(vi) the removal to hospital or other place approved by the health-officer and the detention
therein of any person from any such vessel who is suffering or suspected to be suffering from any
such disease;
(vii) the cleansing, ventilation and disinfection of such vessels or any part thereof and of any
articles therein likely to retain infection or contagion, and the destruction of rats or other vermin
in such vessels;
(viii) the disposal of the dead on such vessels; and]
(q) for securing the protection from heat of the officers and crew of vessels in any such port by
requiring the owner or master of any such vessel—
(i) to provide curtains and double awnings for screening from the sun’s rays such
portions of the deck as are occupied by, or are situated immediately above, the quarters of the
officers and crew;
1. Subs. by Act 15 of 1997, s. 3, for clause (k) (w.e.f. 9-1-1997).
2. Subs. by Act 4 of 1911, s. 2, for clause (p).
3. Certain words omitted by the A.O. 1937.
7
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(ii) to erect windsails so far as the existing portholes or apertures in the deck admit of their
being used for ventilating the quarters of the officers and. crew;
(iii) when the deck is made of iron and not wood-sheathed, to cover with wooden planks or
other suitable non-conducting material such portions of the deck as are situated immediately
above the quarters of the officers and crew;
(iv) when the quarters used by the crew and the galley are separated by an iron bulk-head
only, to furnish a temporary screen of some suitable non-conducting material between such
quarters and the galley.
1* - - -
(2) The power to make rules under sub-section (1) [2]*** is subject to the condition of the rules being
made after previous publication:
Provided that nothing in this sub-section shall be construed to affect the validity of any rule in force
immediately before the commencement of the Indian Ports Act, 1889 (10 of 1889) and continued by
section 2, sub-section (2), of that Act.
3[(2A) Every rule made by the State Government under this Act shall be laid, as soon as may be after
it is made, before the State Legislature.
(2B) Every rule made by the Central Government under this Act shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.]
(3) If any person disobeys any rule made under clause (p) of sub-section (1), he shall be punishable
for every such offence with fine which may extend to one thousand rupees.
(4) If a master fails wholly or in part to do any act prescribed by any rule made under clause
(p) of sub-section (1), the health-officer shall cause such act to be done, and the reasonable expenses
incurred in doing such act shall be recoverable by him from such master.
CHAPTER III
PORT-OFFICIALS AND THEIR POWERS AND DUTIES
**7. Appointment of conservator.—(1) The [4][Government] shall appoint some officer or body of**
persons to be conservator of every port subject to this Act.
(2) Subject to any direction by the [4][Government] to the contrary,—
(a) in ports where there is a port-officer, the port-officer shall be the conservator;
(b) in ports where there is no port-officer, but where there is a harbour-master, the harbour-master
shall be the conservator.
(3) Where the harbour-master is not conservator, the harbour-master and his assistants shall be
subordinate to, and subject to the control of, the conservator.
(4) The conservator shall be subject to the control of the [4][Government], or of any
intermediate authority which [5][the Government] may appoint.
1. Sub-section (1A) omitted by Act 26 of 1938, s. 8.Earlier inserted by Act 15 of 1922, s. 2
2. The words, brackets, figure and letter “and sub-section (IA)” omitted by Act 26 of 1938, s. 8. Earlier inserted by
Act 15 of 1922, s. 2.
3. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984).
4. Subs. by the A.O. 1937, for “Local Government”.
5. Subs., ibid., for “that Government”.
8
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**8. Power of conservator to give and enforce directions for certain specified**
**purposes.—(1) The conservator of any port subject to this Act may, with** respect to any vessel
within the port, give directions for carrying into effect any rule for the time being in force
therein under section 6.
(2) If any persons wilfully and without lawful excuse refuses or neglects to obey any lawful
direction of the conservator, after notice thereof has been given to him, he shall, for every such
offence, be punishable with fine which may extend to one hundred rupees, and in the case of a
continuing offence with a further fine which may extend to one hundred rupees for every day
during which, after such notice as aforesaid, he is proved to have wilfully and without lawful
excuse continued to disobey the direction.
(3) In case of such refusal or neglect, the conservator may do, or cause to be done, all acts
necessary for the purpose of carrying the direction into execution, and may hire and employ
proper persons for that purpose, and all reasonable expenses incurred in doing such acts shall be
recoverable by him from the person so refusing or neglecting to obey the direction.
**9. Power to cut warps and ropes.—The conservator of any such port may, in case of urgent**
necessity, cut, or cause to be cut, any warp, rope, cable or hawser endangering the safety of any
vessel in the port or at or near to the entrance thereof.
**10. Removal of obstructions within limits of port.—(1)** The conservator may remove, or
cause to be removed, any timber, raft or other thing, floating or being in any part of any such
port, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of
any pier, jetty, landing-place, wharf, quary, dock, mooring or other work on any part of the
shore or bank which has been declared to be within the limits of the port and is not private
property.
(2) The owner of any such timber, raft or other thing shall be liable to pay the reasonable
expenses of the removal thereof, and if such owner or any other person has without lawful
excuse caused any such obstruction or impediment, or causes any public nuisance affecting or
likely to affect such free navigation or lawful use, he shall also be punishable with fine which
may extend to one hundred rupees.
(3) The conservator or any Magistrate having jurisdiction over the offence may cause any such
nuisance to be abated.
**11. Recovery of expenses of removal.—If the owner of any such timber, raft or other thing,**
or the person who has caused any such obstruction, impediment or public nuisance as is
mentioned in the last foregoing section, neglects to pay the reasonable expenses incurred in the
removal thereof, within one week after demand, or within fourteen days after such removal has
been notified in the Official Gazette or in such other manner as the [1][Government] by general or
special order directs, the conservator may cause such timber, raft or other thing, or the materials
of any public nuisance so removed, or so much thereof as may be necessary, to be sold by
public auction;
and may retain all the expenses of such removal and sale out of the proceeds of the sale,
and shall pay the surplus of such proceeds, or deliver so much of the thing or materials as
may remain unsold, to the person entitled to receive the same;
and, if no such person appears, shall cause the same to be kept and deposited in such manner as the
1[Government] directs;
and may, if necessary, from time to time, realise the expenses of keeping the same, together
with the expenses of sale, by a further sale of so much of the thing or materials as may remain
unsold.
**12. Removal of lawful obstructions.—(1) If any obstruction or impediment to the navigation of any**
port subject to this Act has been lawfully made, or has become lawful by reason of the long continuance
of such obstruction or impediment, or otherwise, the conservator shall report the same for the information
1. Subs. by the A.O. 1937, for “Local Government”.
9
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of the [1][Government], and shall, with the sanction of [2][the Government], cause the same to be removed or
altered, making reasonable compensation to the person suffering damage by such removal or alteration.
(2) Any dispute arising concerning such compensation shall be determined according to the law
relating to like disputes in the case of land required for public purposes.
**13. Fouling of Government moorings.—(1) If any vessel hooks or gets foul of any of the**
buoys or moorings laid down by or by the authority of the [1][Government] in any such port, the
master of such vessel shall not, nor shall any other person, except in case of emergency, lift the
buoy or mooring for the purpose of unhooking or getting clear from the same without the
assistance of the conservator;
and the conservator, immediately on receiving notice of such accident, shall assist and
superintend the clearing of such vessel;
and the master of such vessel shall, upon demand, pay such reasonable expenses as may be incurred
in clearing the same.
(2) Any master or other person offending against the provisions of this section shall, for
every such offence, be punishable with fine which may extend to one hundred rupees.
**14.** **Raising** **or** **removal** **or** **wreck** **impeding** **navigation** **within** **limits** **of**
**port.—** [3][(1) If any vessel is wrecked, stranded or sunk in any port in such a manner as to
impede or likely to impede any navigation thereof, the conservator shall give notice to the
owner of the vessel to raise, remove or destroy the vessel within such period as may be
specified in the notice and to furnish such adequate security to the satisfaction of the
conservator to ensure that the vessel shall be raised, removed or destroyed within the said
period:
Provided that the conservator may extend such period to such further period as he may
consider necessary having regard to the circumstances of such case and the extent of its
impediment to navigation.
(1A) Where the owner of any vessel to whom a notice has been issued under
sub-section (1) fails to raise, remove or destroy such vessel within the period specified in the
notice or the extended period or fails to furnish the security required of him, the conservator
may cause the vessel to be raised, removed or destroyed.
(1B) Notwithstanding anything contained in the foregoing sub-sections, if the conservator is of the
opinion that any vessel which is wrecked, stranded or sunk in any port is required to be immediately
raised, removed or destroyed for the purpose of uninterrupted navigation in such port, he may, without
giving any notice under sub-section (1), cause the vessel to be raised, removed or destroyed.]
(2) If any property recovered by a conservator acting [4] [under sub-section (1A) or
sub-section (1B)] is unclaimed or the person claiming it fails to pay the reasonable expenses
incurred by the conservator under that sub-section and a further sum of twenty per cent. of the
amount of such expenses, the conservator may sell the property by public auction, if the
property is of a perishable nature, forthwith, and, if it is not of a perishable nat ure, at any time
not less than [5][thirty days] after the recovery thereof.
(3) The expenses and further sum aforesaid shall be payable to the conservator out of the
sale-proceeds of the property, and the balance shall be paid to the person entitled to the property
recovered, or, if no such person appears and claims the balance, shall be held in deposit for payment,
without interest, to any person thereafter establishing his right thereto:
Provided that the person makes his claim within three years from the date of the sale.
1. Subs. by the A.O. 1937, for “Local Government”.
2. Subs., ibid ., for “that Government”.
3. Subs. by Act 23 of 1992, s. 3, for sub-section (1) (w.e.f. 12-8-1992).
4. Subs. by s. 3, ibid., for “under sub-section (1)” (w.e.f. 12-8-1992).
5. Subs. by s. 3, ibid., for “two months” (w.e.f. 12-8-1992).
10
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1[(4) Where the sale proceeds of the property are not sufficient to meet the expenses and further
sum aforesaid, the owner of the vessel at the time the vessel was wrecked, stranded or sunk shall
be liable to pay the deficiency to the conservator on demand, and if the deficiency be not paid
within one month of such demand the conservator may recover the deficiency from such owner in
the manner laid down in sub-section (2) of section 57 for recovery of expenses and damages or in
any other manner according as the deficiency does not or does exceed one thousand rupees.]
**15. Power to board vessels and enter buildings.—(1) The conservator or any** of his assistants may,
whenever he suspects that any offence against this Act has been, or is about to be, committed, or
whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act,
and the person appointed under this Act to receive any port dues, fees or other charges
payable in respect of any vessel, may, whenever it is necessary for him so to do in the
performance of any duty imposed upon him by this Act,
either alone or with any other person, board any vessel, or enter any building or place, within the
limits of any port subject to this Act.
(2) If the master of the vessel, or any person in possession or occupation of the building or place,
without lawful excuse, refuses to allow any such person as is mentioned in sub-section (1) to board
or enter such vessel, building or place in the performance of any duty imposed upon him by this Act,
he shall for every such offence be punishable with fine which may extend to two hundred rupees.
**16. Power to require crews to prevent or extinguish fire.—(1)** For the purpose of preventing or
extinguishing fire in any port subject to this Act, the conservator or port-officer may require the master of
any vessel within the port to place at his disposal such number as he requires, not exceeding three-fourths,
of the crew then under the order of such master.
(2) Any master refusing or neglecting to comply with such requisition shall be punishable with
fine which may extend to five hundred rupees, and any seaman then under his orders who, after
being directed by the master to obey the orders of the conservator or port-officer for the purpose
aforesaid, refuses to obey such orders, shall be punishable with fine which may extend to
twenty-five rupees.
**17. Appointment and powers of health-officer.—(1)** The [2][Government] may appoint at any port
subject to this Act an officer to be called the health-officer.
(2) A health-officer shall, subject to the control of the [2][Government], have the following powers,
within the limits of the port for which he is appointed, namely:—
(a) with respect to any vessel, the powers conferred on a shipping-master by the Indian Merchant
Shipping Act, 1859[3] (1 of 1859), section 71;
(b) power to enter on board any vessel and medically examine all or any of the seamen or
apprentices on board the vessel;
(c) power to require and enforce the production of the log-book and any other books, papers or
documents which he thinks necessary for the purpose of enquiring into the health and medical
condition of the persons on board the vessel;
(d) power to call before him and question for any such purpose all or any of those persons and to
require true answers to any questions which he thinks fit to ask;
(e) power to require any person so questioned to make and subscribe a declaration of the truth of
the statements made by him.
**18. Indemnity of Government against act or default of port-official or pilot.—The Government**
shall not be responsible for any act or default of any conservator, port-officer or harbour-master, of any
1. Ins. by Act 55 of 1952, s. 2.
2. Subs. by the A.O. 1937, for “Local Government”.
3. See now the Merchant Shipping Act, 1958 (44 of 1958).
11
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port subject to this Act, or of any deputy or assistant of any of the authorities aforesaid, or of any person
acting under the control or direction of any such authority, deputy or assistant, or for any act or default of
any pilot, or for any damage sustained by any vessel in consequence of any defect in any of the moorings,
hawsers or other things belonging to the Government which may be used by the vessel:
Provided that nothing in this section shall protect [1][the Government] from a suit in respect of any act
done by or under the express order or sanction of the Government.
CHAPTER IV
RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF PORTS
_General Rules_
**19. Injuring buoys, beacons and moorings.—(1) No person shall, without lawful excuse, lift, injure,**
loosen or set adrift any buoy, beacon or mooring fixed or laid down by, or by the authority of, the
2[Government], in any port subject to this Act.
(2) If any person offends against the provisions of this section, he shall for every such offence be
laible, in addition to the payment of the amount of damage done, to fine which may extend to two
thousand rupees, or to imprisonment for a term which may extend to two years.
**20. Wilfully loosening vessel from moorings.—If any person wilfully and without lawful excuse**
loosens or removes from her moorings any vessel within any such port without leave or authority from
the owner or master of the vessel, he shall, for every such offence, be punishable with fine which may
extend to two hundred rupees, or with imprisonment for a term which may extend to six months.
**21. Improperly discharging ballast.—(1) No ballast or rubbish, and no other thing likely to form a**
bank or shoal or to be detrimental to navigation, shall, without lawful excuse, be cast or thrown into any
such port or into or upon any place on shore from which the same is liable to be washed into any such
port, either by ordinary or high tides, or by storms or land-floods [3][and no oil or water mixed with oil
shall be discharged in or into any such port, to which any rules made under clause (ee) of sub-section (1)
of section 6 apply, otherwise than in accordance with such rules].
(2) Any person who by himself or another so casts or throws any ballast or rubbish or any such other
thing [3][or so discharges any oil or water mixed with oil], and the master of any vessel from which the
same is so cast, [4][thrown or discharged], shall be punishable with fine which may extend to [5][five lakh
rupees], and shall pay any reasonable expenses which may be incurred in removing the same.
(3) If, after receiving notice from the conservator of the port to desist from so casting or throwing any
ballast or rubbish or such other thing [3][or from so discharging any oil or water mixed with oil], any master
continues so to cast, [6][throw or discharge the same], he shall also be liable to simple imprisonment for a
term which may extend to [7][one year and to fine which may extend to five lakh rupees].
(4) Nothing in this section applies to any case in which the ballast or rubbish or such other thing is
cast or thrown into [8][or the oil or water mixed with oil is discharged in or into] any such port with the
consent in writing of the conservator, or within any limits within which such act may be authorised by the
2[Government].
**22. Graving vessel within prohibited limits.—If** any person graves, breams or smokes any vessel
in any such port, contrary to the directions of the conservator, or at any time or within any limits at or
1. The words “the Secretary of State for India in Council” successively subs. by the A.O. 1937 and the A.O. 1950,
to read as above.
2. Subs. by the A.O. 1937, for “Local Government.
3. Ins. by Act 39 of 1923, s. 3.
4. Subs. by s. 3, ibid., for “or thrown”.
5. Subs. by Act 23 of 1992, s. 4, for “five hundred rupees” (w.e.f. 12-8-1992).
6. Subs. by Act 39 of 1923, s. 3, for “or throw it”.
7. Subs. by Act 23 of 1992, s. 4, for “two months” (w.e.f. 12-8-1992).
8. Ins. by Act 39 of 1923, s. 3.
12
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within which such act is prohibited by the [1][Government], he and the master of the vessel shall for
every such offence be punishable with fine which may extend to five hundred rupees each.
**23. Boiling pitch on board vessel within prohibited limits.—If any person boils or heats** any
pitch, tar, resin, dammer, turpentine, oil, or other such combustible matter on board any vessel within
any such port, or at any place within its limits where such act is prohibited by the [1][Government], or
contrary to the directions of the conservator, he and the master of the vessel shall for every such
offence be punishable with fine which may extend to two hundred rupees each.
**24. Drawing spirits by unprotected artificial light.—If any person, by an unprotected** artificial
light, draws off spirits on board any vessel within any port subject to this Act, he and the master of the
vessel shall for every such offence be punishable with fine which may extend to two hundred rupees each.
**25. Warping.—(1) Every** master of a vessel in any port subject to this Act shall, when required
so to do by the conservator, permit warps or hawsers to be made fast to the vessel for the purpose of
warping any other vessel in the port, and shall not allow any such warp or hawser to be let go until
required so to do.
(2) A master offending against sub-section (1) shall be punishable for every such offence with fine
which may extend to two hundred rupees.
**26. Leaving out warp or hawser after sunset.—(1)** A master of a vessel shall not cause or
suffer any warp or hawser attached to his vessel to be left out in any port subject to this Act after
sunset in such a manner as to endanger the safety of any other vessel navigating in the port.
(2) A master offending against sub-section (1) shall be punishable for every such offence with fine
which may extend to two hundred rupees.
**27. Discharge of fire-arms in port.—If any person, without lawful excuse, discharges any firearm** in
any port subject to this Act, or on or from any pier, landing place, warp or quay thereof, except a gun
loaded only with gunpowder for the purpose of making a signal of distress, or for such other purpose as
may be allowed by the [1][Government], he shall for every such offence be punishable with fine which may
extend to fifty rupees.
**28. Penalty on master omitting to take order to extinguish fire.—If the master of any vessel in**
which fire takes place while lying in any such port wilfully omits to take order to extinguish the fire or
obstructs the conservator or the port-officer, or any person acting under the authority of the conservator or
port-officer, in extinguishing or attempting to extinguish the fire, he shall be punishable with
imprisonment which may extend to six months, or with fine which may extend to one thousand rupees or
with both.
**29. Unauthorised person not to search for lost stores.—(1)** No person, without the permission of
the conservator, shall, in any port subject to this Act, creep or sweep for anchors, cables or other stores
lost or supposed to be lost therein.
(2) If any person offends against the provisions of sub-section (1), he shall be punishable with fine
which may extend to one hundred rupees.
**30. Removing stones or injuring shores of port prohibited.—(1) No** person without the permission
of the conservator shall in any port subject to this Act remove or carry away any rock, stones, shingle,
gravel, sand or soil or any artificial protection from any part of the bank or shore of the port;
and no person shall sink or bury in any part of such bank or shore, whether the same is public
or private property, any mooring-post, anchor or any other thing, or do any other thing which is
likely to injure or to be used so as to injure such bank or shore, except with the permission of the
conservator, and with the aid or under the inspection of such person, if any, as the conservator may
appoint to take part in or overlook the performance of such work.
1. Subs. by the A.O. 1937, for “Local Government”.
13
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(2) If any person offends against sub-section (1), he shall for every such offence be punishable with
fine which may extend to one hundred rupees and shall pay any reasonable expenses which may be
incurred in repairing any injury done by him to the bank or shore.
_Special Rules_
**31. Moving of vessels without pilot or permission of harbour-master.—(1)** No vessel of
the measurement of two hundred tons or upwards shall enter, leave or be moved in any port to
which this section has been specially extended without having a pilot, harbour-master or assistant
of the port-officer or harbour-master on board;
1[and no mechanically propelled vessel of any measurement less than two hundred tons and no
other vessel of any measurement less than two hundred tons and exceeding one hundred tons] shall
enter, leave or be moved in any such port without having a pilot, harbour-master or assistant of the
port-officer or harbour-master on board, unless authority in writing so to do has been obtained from
the conservator or some officer empowered by him to give such authority.
2[Provided that the 3[Government] may, by notification in the Official Gazette, direct that in any port
specified in such notification the provisions of this sub-section shall not apply to sailing vessels of any
measurement not exceeding a measurement so specified.]
4[(2) Notwithstanding anything in sub-section (1), the owner or master of a vessel which is by
that sub-section required to have a pilot, harbour-master or assistant of the port-officer or harbourmaster on board, shall be answerable for- any loss or damage caused by the vessel or by any fault
of the navigation of the vessel, in the same manner as he would have been if he had not been so
required by that sub-section:
Provided that the provisions of this sub-section shall not take effect till the first day of January,
1918, or such earlier date as the Central Government may notify in that behalf in the Official
Gazette.]
5[(3)] If any vessel, except in case of urgent necessity, enters, leaves or is moved in the port contrary
to the provisions of sub-section (1), the master of the vessel shall for every such offence be punishable
with fine which may extend to two hundred rupees, unless upon application to the proper officer the
master was unable to procure a pilot, harbour-master or assistant of the port-officer or harbour-master to
go on board the vessel.
6* - - -
**32. Provision of certain vessels with fire extinguishing apparatus.—(1)** Every vessel exceeding
the measurement of two hundred tons and lying in any port to which this section has been specially
extended shall be provided with a proper force pump and hose and appurtenances, for the purpose of
extinguishing any fire which may occur on board.
(2) The master of such a vessel who, having been required by the conservator to comply with
the provisions of sub-section (1), neglects or rufuses, without lawful excuse, so to do for the space
of seven days after such requisition, shall be punishable with fine which may extend to five
hundred rupees.
1. Subs. by Act 55 of 1952, s. 3, for certain words.
2. Ins. by Act 36 of 1925, s. 2.
3. Subs. by the A.O. 1937, for “Governor-General in Council”.
4. Ins. by Act 6 of 1916, s. 5.
5. Sub-sections (2), (3) and (4) re-numbered as sub-sections (3), (4) and (5) respectively by s. 5, ibid.
6. Sub-sections (4) and (5), as re-numbered by Act 6 of 1916, s. 5, omitted by Act 36 of 1925, s. 2.
14
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CHAPTER V
PORT-DUES, FEES AND OTHER CHARGES
**33. Levy of port-dues.—(1)** [1][Subject to the, provisions of sub-section (2)], in each of the
ports mentioned in the first schedule [2][other than a major port] such port-due, not exceeding the
amount specified for the port in the third column of the schedule as the _[3][Government], directs,_
shall be levied on vessels entering the port and described in the second column of the schedule,
but not oftener than the time fixed for the port in the fourth column of the schedule.
1[(2) The 3[Government] may, by notification in the Official Gazette, alter or add to any
entry in the first schedule relating to ports [4][in [5][any State] or, as the case may be, in the State],
and this power shall include the power to regroup any such ports:
6* - - -
7[(3)] Whenever the 1[Government], 8*** declares any other port 2[other than a major port] to be
subject to this Act, it may, [9]*** by the same or any subsequent declaration, further declare,—
(a) in the terms of any of the entries in the second column of the first schedule the
vessels which are to be chargeable with port-dues on entering the port,
(b) the highest rates at which such dues may be levied in respect of vessels chargeable therewith,
and
(c) the times at which such vessels are to be so chargeable.
10* - - -
7[(4)] All port-dues now leviable in any port shall continue to be so leviable until it is
otherwise declared in exercise of the powers conferred by this section.
7[(5)] An order increasing or imposing port-dues under this section shall not take effect till
the expiration of [11][thirty days] from the day on which the order was published in the Official
Gazette.
12[34. Variation of port dues by Government.—The Government may after consulting,—
(a) in case of ports other than major ports, the authority appointed under section 36;
(b) in case of major ports, the Authority constituted under section 47A of the Major Port Trusts
Act, 1963 (38 of 1963),
exempt, subject to such conditions, if any, as it thinks fit to impose, any vessel or class of vessels
entering a port subject to this Act from payment of port-dues and cancel the exemption, or may
vary the rates at which port dues are to be fixed in the port, in such manner as, having regard to
the receipts and charges on account of the port it thinks expedient, by reducing or raising the
dues, or any of them or may extend the periods for which any vessel or class of vessels entering a
port shall be exempt from liability to pay port-dues:
Provided that the rates shall not in any case exceed the amount authorized to be taken by or under this
Act.]
1. Ins. by Act 6 of 1916, s. 6.
2. Ins. by Act 15 by 1997, s. 4 (w.e.f. 9-1-1997).
3. Subs. by the A.O. 1937, for “Local Government.”
4. subs., ibid., for “within its own province.”
5. The words “British India” successively subs. by the A.O. 1948; and the A.O. 1950 to read as above.
6. Proviso omitted by the A.O. 1937.
7. Sub-sections (2), (3) and (4) re-numbered as sub-sections (3), (4) and (5) respectively by Act 6 of 1916, s. 6.
8. Certain words omitted by Act 6 of 1916, s. 6.
9. The words “with the like sanction” omitted by s. 6, ibid.
10. The proviso ins. by s. 6, ibid. Earlier omitted by the A.O. 1937.
11. Subs. by Act 23 of 1992, s. 5, for “sixty days” (w.e.f. 12-8-1992).
12. Subs. by Act 15 of 1997, s. 5, for s. 34 (w.e.f. 9-1-1997).
15
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**35. Fees for pilotage and certain other services.—(1)** Within any port subject to this Act
1[not being a major port], fees may be charged for pilotage, hauling„ mooring, re-mooring,
hooking, measuring and other services rendered to vessels, at such rates as the [2][Government],
may direct:
3* - - -
(2) The fees now chargeable for such services shall continue to be chargeable unless and until they
are altered in exercise of the power conferred by sub-section (1).
4[(3) The Government may, in special cases, remit the whole or any portion of the fees
chargeable under sub-section (1) or sub-section (2).
**36. Receipt, expenditure and account of port-charges.—(1) The** [2][Government] shall
appoint some officer or body of persons at every port at which any dues, fees or other
charges are authorised to be taken by or under this Act to receive the same and, subject to the
control of the [2][Government], to expend the receipts on any of the objects authorised by this
Act.
(2) Such officer or body shall keep for the port a distinct account, to be called the port
fund account, showing, in such detail as the [2][Government] prescribes, the receipts and
expenditure of the port, and shall publish annually as soon after the first day of April as may
be practicable an abstract, in such form as [5][the Government] prescribes, of the account for
the past financial year:
6[Provided that the port fund account for any port may, if so authorised under the provisions
of any Act relating to such port, be merged with the general account of that port, and in such a
case, the provisions of sub-section (6) shall not apply and the provisions of sub-sections (4) and
(5) shall have effect as if for the words “the port fund account of the port” therein, the words
“the general account of the port” had been substituted.]
7* - - -
(4) All money received under this Act at or on account of any port subject to this Act,
excluding receipts on account of pilotage but including
8 [(a) fines other than those creditable to the pilotage. account of the port under
sub-section (5a)],
(b) proceeds of waifs, and
(c) any balance of the proceeds of a sale under section 14 where no right to the
balance has been established on a claim made within three years from the date of the
sale,
shall be credited in the port fund account of the port.
(5) All expenses incurred for the sake of any such port, excluding expenses on account of pilotage
but including—
(a) the pay and allowances of all persons upon the establishment of the port,
(b) the cost of buoys, becons, lights and all other works maintained chiefly for the benefit
of vessels being in or entering or leaving the port or passing through the rivers or channels
leading thereto,
1. Ins. by Act 15 of 1997, s. 6 (w.e.f. 9-1-1997).
2. Subs. by the A.O. 1937, for “Local Government”.
3. The original proviso was omitted by Act 6 of 1916, s. 8, and the proviso ins. by Act 11 of 1929, s. 3, omitted by the
A.O. 1937.
4. Ins. by Act 35 of 1951, s. 190.
5. Subs. by the A.O. 1937, for “that Government.”
6. Ins. by Act 35 of 1951, s. 191.
7 Sub-section (3) omitted by Act 6 of 1916, s. 9.
8. Subs. by Act 35 of 1951, s. 191, for cl. _(a)._
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(c) pensions, allowances and gratuities of persons who have been employed in the port under this
or any other enactment relating to ports and port dues, or such portion of those pensions, allowances
and gratuities as the [1][Government] may by rule determine.
(d) with the previous sanction of the [1][Government], contributions towards the support of
public hospitals or dispensaries suitable for the receiption or relief of seamen or otherwise towards
the provision of sanitary superinendence and medical aid for the shipping in the port and for
seamen whether ashore or afloat, belonging to vessels in the port, and
(e) with the like sanction, contributions towards sailors’ homes, institutes, rest-houses and coffee
houses and for other purposes connected with the health, recreation and temporal well-being of
sailors,
shall be charged to the port fund account of the port.
2[(5a) All fees charged for pilotage at any port subject to this Act 3[other than a major port] and
all fines and penalties levied under the Act or under any other Act relating to the port from pilots or
other persons employed in the pilot service other than fines and penalties imposed by a court, shall
be credited to a distinct account to be called the pilotage account of the port.
(5b) All sums so credited to the pilotage account may be applied, in such proportions as the
Government may from time to time direct, to the following purposes, namely:—
(a) the purchase and maintenance in repair of such vessels, and the supply of such materials,
stores or other things as the officer or body appointed under sub-section (1) may deem it necessary to
purchase, maintain or supply for the efficiency of the pilot service;
(b) the payment of the salaries, wages and allowances of pilots and other persons employed in the
pilot service or in the supervision thereof:
(c) the payment of pensions, retiring gratuities, compassionate allowances or bonuses to pilots
and other persons engaged in the pilot service, and of the contributions, if any, duly authorised to be
made in their behalf to any provident fund or welfare fund;
(d) the payment of pensions, gratuities and compassionate allowances granted by the
officer or body appointed under sub-section (1) to pilots and other persons engaged in the
pilot service who have been injured in the execution of their duty and to the surviving
relatives of pilots and other persons so engaged who have been killed in the execution of their
duty or who may die while still in the service of such officer or body;
(e) the provision of educational, recreational and other amenities for pilots and other persons
employed in the pilot service;
(f) the payment of contributions or appropriations to any special fund or funds established
under the provisions of any other Act relating to the port to which the officer or body
appointed under sub-section (1) considers contributions or appropriations should be made
from the pilotage account;
(g) any other expenditure which may, with the previous sanction of the Government, be incurred
in respect of the pilot service.
(5c) If the officer or body appointed under sub-section (1) at any port is also the authority
responsible for maintaining the general account of the port, then notwithstanding the absence of
any provision in that behalf in the Act under which such general account is maintained, such
officer or body may, with the previous sanction of the Government, apply any sum out of the
moneys credited to such general account towards meeting deficits, if any, in the pilotage account of
the port, or transfer the whole or any part of any surplus funds, in the pilotage account to the
general account of the port.]
1. Subs. by the A.O. 1937, for “Local Government”.
2. Ins. by Act 35 of 1951, 8. 191.
3. Ins. by Act 23 of 1992, s. 6
17
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(6) Subject to the provisions of any local law as to the disposal of any balance from time to time
standing to the credit of a port fund account [1][or of a pilotage account], any such balance may be
temporarily invested in such manner as the [2][Government], may direct.
**37. Grouping of ports.—(1)** The State Government may direct that for the purposes of the last
foregoing section any number of ports [3][in the State not being major ports] shall be regarded as
constituting a single port, and thereupon all moneys to be credited to the port fund account under
sub-section (4) of that section shall form a common port fund account which shall be available for
the payment of all expenses incurred for the sake of any of the ports:
4* - - -
(2) Where ports are grouped by or under this Act, the following consequences ensue, namely:—
(a) the State Government, in the exercise of its control over expenditure debitable to the
common port fund account of the group, may, [5]*** make rules with respect to the expenditure
of the fund for the sake of the several ports of the group on the objects authorised by this Act
5***; and
(b) by the State Government may exercise its authority under section 34 as regards all the ports in
the group collective by or as regards any of them separately.
**38. Receipts for port-charges.—The** person to whom any dues, fees or other charges
authorized to be taken by or under this Act are paid shall grant to the person paying the same a
proper voucher in writing under his hand, describing the name of his office, the port or place at
which the dues, fees or other charges are paid, and the name, tonnage and other proper description
of the vessel in respect of which the payment is made.
**39. Master to report arrival.—(1)** Within twenty-four hours after the arrival within the limits
of any port subject to this Act of any vessel liable to the payment of port-dues under this Act, the
master of the vessel shall report her arrival to the conservator of the port.
(2) A master failing without lawful excuse to make such report within the time aforesaid shall for
every such offence be punishable with fine which may extend to one hundred rupees.
(3) Nothing in this section applies to tug-steamers, ferry steamers or river steamers plying to and from
any of the ports subject this Act.[6]***
**40. Conservator may in certain cases ascertain draught and charge expense to master.—If** any
vessel liable to the payment of port-dues is in any such port without proper marks on the stem and stern
posts thereof for denoting her draught, the conservator may cause the same to be ascertained by means of
the operation of hooking, and the master of the vessel shall be liable to pay the expenses of the operation.
**41. Ascertainment of tonnage of vessel liable to port-dues.—In order to ascertain the** tonnage of
any vessel liable to pay port-dues the following rules shall be observed, namely:—
(1) (a) If the vessel is a British registered vessel or a vessel registered under the Indian
registration of Ships Act, 1841 (10 of 1841), or the Indian Registration of Ships Act, (1841)
Amendment Act, 1850 (11 of 1850), or under any other law for the time being in force for the
registration of vessels in [7][India], the conservator may require the owner or master of the vessel
or any person having possession of her register to produce the register for inspection.
1. Ins. by Act 35 of 1951, s. 191.
2. Subs. by the A.O. 1937, for “Local Government”.
3. Ins., ibid.
4. The proviso omitted, ibid.
5. Certain words omitted, ibid.
6. Certain words omitted by the A.O. 1948.
7. The words “British India” successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and Sch., to read as
above.
18
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(b) if the owner or master or such person neglects or refuses to produce the register or
otherwise to satisfy the conservator as to what is the true tonnage of the vessel in respect of
which the port-dues are payable, he shall be punishable with fine which may extend to one
hundred rupees, and the conservator may cause the vessel to be measured, and the tonnage
thereof to be ascertained, according to the mode of measurement prescribed by the rules for the
time being in force for regulating the measurement of British vessels, and in such case the
owner or master of the vessel shall also be liable to pay the expenses of the measurement.
(2) If the vessel is not a British registered vessel or a vessel registered under the Indian
Registration of Ships Act, 1841 (10 of 1841), or the Indian Registration of Ships Act (1841)
Amendment Act, 1850 (11 of 1850), or under any other law for the time being in force for the
registration of vessels in [1][India], and the owner or master thereof fails to satisfy the conservator
as to what is her true tonnage according to the mode of measurement prescribed by the rules for
the time being in force for regulating the measurement of British vessels, the conservator shall
cause the vessel to be measured' and the tonnage thereof to be ascertained, according to the mode
aforesaid, and in such case the owner or master of the vessel shall be liable to pay the expenses
of the measurement.
(3) If the vessel is a vessel of which the tonnage cannot be ascertained according to the mode of
measurement mentioned in clauses (1) and (2), the tonnage of the vessel shall be determined by the
conservator on such an estimate as may seem to him to be just.
**42. Distraint and sale on refusal to pay port-charges.—If the master of** any vessel in respect of
which any port-dues, fees or other charges are payable under this Act, refuses or neglects to pay the
same on demand, the authority appointed to receive such port-dues, fees or other charges may
distrain or arrest the vessel, and the tackle, apparel and furniture belonging thereto or any part
thereof, and detain the same until the amount due is paid;
and in case any part of the port-dues, fees or other charges or of the costs of the distress or
arrest or of the keeping of the vessel or other thing distrained or arrested remains unpaid for the
space of five days next after any such distress or arrest, may cause the vessel or other thing
distrained or arrested to be sold, and with the proceeds of such sale may satisfy the port-dues, fees
or other charges and the costs including the costs of the remaining unpaid, and shall render the
surplus, if any, to the master of the vessel upon demand.
2[Provided that where such vessel or other thing is already arrested under the order of a court or other
authority, the authority appointed to receive port-dues, fees or other charges, may sell the vessel or other
thing only with the prior permission of such court or other authority and satisfy the port-dues, fees or
other charges and the costs including costs of sale remaining unpaid, and disburse the surplus, if any, in
accordance with the orders or directions of such court or other authority:
Provided further that the person to whom the vessel or other thing is sold under this section shall
be deemed to be the owner thereof and registered as such under the Merchant Shipping Act, 1958].
**43. No port-clearance to be granted until port-charges are paid.—The officer of**
Government whose duty it is to grant a port-clearance for any vessel shall not grant such clearance—
(a) until her owner or master, or some other person, has paid or secured to the satisfaction of
such officer the amount of all port-dues, fees and other charges, and of all fines, penalties and
expenses to which the vessel or her owner or master is liable under this Act,
(b) until all expenses, which by the Merchant Shiping Act, 1894 (57 & 58 Vict., c. 60.), section
207, are to be borne by her owner incurred since her arrival in the port from which he seeks clearance,
have been paid.
**44. Port-charges payable in one port recoverable at any other port.—(1) If the master of any**
vessel in respect of which any such sum as is mentioned in the last foregoing section is payable causes her
1. The words “British India” successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and Sch., to read as above.
2. The proviso inserted by Act 23 of 1992, s. 7 (w.e.f. 12-8-1992).
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to leave any port without having paid the sum, the authority appointed to receive port-dues, fees and other
charges at the port under this Act may require in writing the authority appointed to receive port-dues, fees
and other charges under this Act at any other port in [1][India] to which she may proceed, or in which she
may be, to levy the sum.
(2) The authority to whom the requisition is directed shall proceed to levy such sum in the
manner prescribed in section 42, and a certificate purporting to be made by the authority appointed to
receive port-dues, fees and other charges at the port where such sum as is mentioned in the last
foregoing section became payable, stating[-] the amount payable, shall be sufficient _prima facie proof_
of such amount in any proceeding under section 42 and also (in case the amount payable is disputed)
in any subsequent proceeding under section 59.
**45. Penalty for evading payment of port-charges.—(1)** If the master of a vessel evades the
payment of any such sum as is mentioned in section 43, he shall be punishable with fine which may
extend to five times the amount of the sum.
(2) In any proceeding before a Magistrate on a prosecution under sub-section (1), any such certificate
as is mentioned in section 44, sub-section (2), stating that the master has evaded such payment, shall be
sufficient prima facie proof of the evasion, unless the master shows to the satisfaction of the Magistrate
that the departure of the vessel without payment of the sum was caused by stress of weather, or that there
was lawful or reasonable ground for such departure.
(3) Any Magistrate having jurisdiction under this Act in any port to which the vessel may proceed, or
in which she may he found, shall be deemed to have jurisdiction in any proceeding under this section.
**46. Port-due on vessels in Ballast.—A** vessel entering any port [2][not being a major port] subject to
this Act [3]*** in ballast and not carrying passengers shall be charged with a port-due at a rate to be
determined by the [4][Government] and not exceeding three-fourths of the rate with which she would
otherwise be chargeable.
**47. Port-due on vessels not discharging or taking in cargo.—When a vessel enters a port**
5[not being a major port] subject to this Act, but does not discharge or take in any cargo or
passengers therein (with the exception of such unshipment and reshipment as may be necessary
for purposes of repair), she shall be charged with a port-due at a rate to be determined by the
4[Government] and not exceeding half the rate with which she would otherwise be chargeable.
**48. Port-due not to be chargeable in certain cases.—No** port-due shall be chargeable in
respect of—
(a) any pleasure yacht, or
(b) any vessel which, having left any port, is compelled to re-enter it by stress of
whether or in consequence of having sustained any damage, or
(c) any vessel which, having entered [6][any port [7][in the territories which, immediately before the
1st November, 1956, were comprised in the States of Madras and Andhra] or the Port of Gopalpur in
the State of Orissa], leaves it within forty-eight hours without discharge or taking in any passengers
or cargo.
**49. Power to impose hospital port-dues.—(1)** The [4][Central Government] may, by notification in
the Official Gazette, order that there shall be paid in respect of every vessel entering any port subject to
this Act, within a reasonable distance of which there is a public hospital or dispensary suitable for the
1. The words “British India” successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and
Schedule to read as above.
2. Ins. by Act 15 of 1997, s. 7 (w.e.f. 9-1-1997).
3. Certain words omitted by the A.O. 1937.
4. Subs., ibid., for “Local Government”.
5. Ins. by Act 15 of 1997, s. 8 (w.e.f. 9-1-1997).
6. Subs. by Act 35 of 1950, s. 3 and Second Schedule, for certain words.
7. Subs. by the A.O. (No. 2), 1956, for “in the State of Madras or in the State of Andhra”. The words in italics were ins. by the
Andhra (Adaptation of Laws on Union Subjects) Order, 1954 (w.e.f. 1-10-1953).
20
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reception or relief of seamen requiring medical aid, such further port-dues not exceeding one anna per ton
as the [1][Central Government] thinks fit.
(2) Such port-dues shall be called hospital port-dues, and the [1][Central Government] shall, in
making any order under sub-section (1), have regard to any contributions made under section 36,
sub-section (5), clause (d).
(3) An order imposing or increasing hospital port-dues shall not take effect till the expiration of sixty
days from the day on which the order was published in the Official Gazette.
(4) Whenever the [1][Central Government] is satisfied that proper provision has been made
by the owners or agents of any class of vessels for giving medical aid to the seamen employed
on board such class of vessels, or that such provision is unnecessary in the case of any class of
vessels, it may, by notification in the Official Gazette, exempt such class of vessels from any
payment under this section.
**50. Application and account of hospital port-dues.—(1)** Hospital port-dues shall be applied,
as the [1][Central Government] may direct, to the support of any such hospital or dispensary as
aforesaid, or otherwise for providing sanitary superintendence and medical aid for the shipping in
the port in which they are levied and for the seamen belonging to the vessels therein, whether
such seamen arc ashore or afloat.
(2) The [1][Central Government] shall publish annually in the Official Gazette, as soon after the first
day of April as may be, an account, for the past financial year, of the sums received as hospital port-dues
at each port where such dues arc payable, and of the expenditure charged against those receipts.
(3) Such account shall be published as a supplement to the abstract published under section 36,
sub-section (2).
CHAPTER VI
HOISTING SIGNALS
**51. Master to hoist number of vessel.—(1) The master of** every inward or outward bound
vessel, on arriving within signal distance of any signal-station established within the limits of the
river Hooghly, or within the limits of any part of a river or channel leading to a port subject to this
Act, shall, on the requisition of the pilot in charge of the vessel, signify the name of the vessel by
hoisting the number by which she is known, or by adopting such other means to this end as may be
practicable and usual, and shall keep the signal flying until it is answered from the signal-station.
(2) If the master of a vessel arriving as aforesaid offends against sub-section (1), he shall be
punishable for every such offence with fine which may extend to one thousand rupees.
**52. Pilot to require master to hoist number.—(1)** Every pilot in charge of a vessel shall require the
number of the vessel to be duly signalled as provided by the last foregoing section.
(2) When, on such requisition from the pilot, the master refuses to hoist the number of a
vessel, or to adopt such other means of making her name known as may be practicable and
usual, the pilot may, on arrival at the first place of safe anchorage, anchor the vessel and refuse
to proceed on his course until the requisition has been complied with.
**53. Penalty on pilot disobeying provisions of this Chapter.—Any** pilot incharge of a vessel
who disobeys, or abets disobedience to, any of the provisions of this Chapter, shall be punishable
with fine which may extend to five hundred rupees for each instance of such disobedience or
abetment, and, in addition, shall be liable to have his authority to act as a pilot withdrawn.
CHAPTER VII
PROVISION WITH RESPECT TO PENALTIES
**54. Penalty for disobedience to rules and orders of the Government.—If** any person
disobeys any rule or order which a [1][Government] has made in pursuance of this Act and for the
1. Subs. by the A.O. 1937, for “Local Government”.
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punishment of disobedience to which express provision has not been made elsewhere in this Act,
he shall be punishable for every such offence with fine which may extend to one hundred rupees.
**55. Offences how triable, and penalties how recovered.—All** offences against this Act shall
be triable by a Magistrate, and any Magistrate may, by warrant under his hand, cause the amount
of any fine imposed upon the owner or master of any vessel, for any offence committed on board
of the vessel or in the management thereof or otherwise in relation thereto, whereof the owner or
master is convicted, to be levied by distress and sale of the vessel, and the tackle, apparel and
furniture thereof, or so much thereof as is necessary.
**56. Costs of conviction.—(1)** In case of any conviction under this Act, the convicting
Magistrate may order the offender to pay the costs of the conviction in addition to any fine or
expenses to which he may be liable.
(2) Such costs may be assessed by the Magistrate and may be recovered in the same
manner as any fine under this Act.
**57. Ascertainment and recovery of expenses and damages payable under this Act.—(1) If** any
dispute arises as to the sum to be paid in any case as expenses or damages under this Act, it shall be
determined by a Magistrate upon application made to him for that purpose by either of the disputing
parties.
(2) Whenever any person is liable to pay any sum, not exceeding one thousand rupees, as expenses or
damages under this Act, any Magistrate, upon application made to him by the authority to whom the sum
is payable, may, in addition to or instead of any other means for enforcing payment, recover the sum as if
it were a fine.
**58. Cost of distress.—Whenever** any fine, expenses or damages is or are levied under this Act, by
distress and sale, the cost of the distress and sale may be levied in addition to such fine, expenses or
damages, and in the same manner.
**59. Magistrate to determine the amount to be levied in case of dispute.—If** any dispute
arises concerning the amount leviable by any distress or arrest under this Act or .the costs payable
under the last foregoing section, the person making the distress or using the arrest may detain the
goods distrained or arrested, or the proceeds of the sale thereof, until the amount to be levied has
been determined by a Magistrate, who, upon application made to him for that purpose, may
determine the amount, and award such costs to be paid by either of the parties to the other of them
as he thinks reasonable, and payment of such costs, if not paid on demand, shall be enforced as if
they were a fine.
**60. Jurisdiction over offences beyond local limits of jurisdiction.—(1)** Any person offending
against the provisions of this Act in any port subject to this Act shall be punishable by any Magistrate
having jurisdiction over any district .or place adjoining the port.
(2) Such Magistrate may exercise all the powers of a Magistrate under this Act, in the same manner
and to the same extent as if the offence had been committed locally within the limits of his jurisdiction,
notwithstanding that the offence may not have been committed locally within such limits, and, in case
any such Magistrate exercises the jurisdiction hereby vested in him, the offence shall be deemed, for all
purposes, to have been committed locally within the limits of his jurisdiction.
**61. Conviction to be quashed on merits only.—(1)** No conviction, order or judgment of any
Magistrate under this Act shall be quashed for error of form or procedure, but only on the merits, and it
shall not be necessary to state, on the face of the conviction, order or judgment, the evidence on which it
proceeds.
(2) If no jurisdiction appears on the face of the conviction, order or judgment, but the depositions
taken supply that defect, the conviction, order or judgment shall be aided by what so appears in the
depositions.
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CHAPTER VIII
SUPPLEMENTAL PROVISIONS
**62. Hoisting unlawful colours in port.—(1)** If any vessel belonging to [1][any citizen of India or
commonwealth citizen] or sailing under [2][Indian or British colours], hoists, carries or wears, within
the limits of any port subject to this Act, any flag, jack, pennant or colours, the use whereof on board
such vessel has been prohibited by the Merchant Shipping Act, 1894 (57 & 58 Viet., c. 60) or any
other Statute now or hereafter to be in force, or by any proclamation made or to be made in
pursuance of any such Statute, or by any of [3][the regulations] in force for the time being, the master
of the vessel shall, for every such offence, be punishable with fine .which may extend to fifty rupees.
(2) Such fine shall be in addition to any other penalty recoverable in respect of such an offence.
(3) The conservator of the port, or any officer of [4][the Indian Navy], may enter on board any such
vessel and seize and take away any flag, jack, pennant or colours so unlawfully hoisted, carried or worn
on board the same.
**63. Foreign deserters.—Any** Magistrate, upon an application being made to him by the Consul
of any foreign Power to which section 238 of the Merchant Shipping Act, 1894 (57 & 58 Vict., c.
60) has, by an Order in Council [5][or order], been, or shall hereafter be, declared to be applicable, or
by the representative of such Consul, and upon complaint on oath of the desertion of any seaman.
not being a slave, from any vessel of such Foreign Power, may, until a revocation of such order in
Council [5][or order] has been publicly notified, issue his warrant for the apprehension of any such
deserter, and, upon due proof of the desertion, may order him to be conveyed on board the vessel
to which he belongs or, at the instance of the Consul, to be detained in custody until the vessel is
ready to sail, or, if the vessel has sailed, for a reasonable time not exceeding one month:
Provided that a deposit be first made of such sum as the Magistrate deems necessary for the
subsistence of the deserter during the detention and that the detention of the deserter shall not be
continued beyond twelve weeks.
**64. Application of sections 10 and 21.—(1)** The provisions of sections 10 and 21 shall be applicable
to all ports heretofore or hereafter declared by the [6][Government] to be ports for the shipment and landing
of goods but not otherwise subject to this Act, and may be enforced by any Magistrate to whose ordinary
jurisdiction any such port is subject.
(2) Any penalties imposed by him, and any expenses incurred by his order, under the said provisions,
shall be recoverable respectively in the manner provided in sections 55 and 57.
(3) In any of the said ports for the shipment and landing of goods the consent referred to in
section 21, sub-section (4), may be given by the principal officer of customs at such port or by any other
officer appointed in that behalf by the [6][Government].
**65. Grant of sites for sailors’ institutes.—Any** local authority in which any immovable
property in or near a port is vested may, [7][with the previous sanction, in the case of cantonment
authority or the port authority of a major port, of the Central Government, and in other cases, of the
State Government], appropriate and either retain and apply, or transfer by way of gift or otherwise,
the whole or any part of the property as a site for, or for use as, a sailors’ home or other institution
for the health, recreation and temporal well-being of sailors.
1. Subs. by the A.O. 1950, for “any of His Majesty’s subjects”.
2. Subs., ibid., for “British colors”.
3. Subs., ibid., for “His Majesty’s regulations”.
4. Subs. by the A.O. 1950, for “His Majesty’s Navy or the Royal Indian Navy”.
5. Ins., ibid.
6. Subs. by the A.O. 1937, for “Local Government”.
7. Subs., ibid., for “with the previous sanction of the Local Government”.
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**66. Exercise of powers of conservator by his assistants.—(1)** All acts, orders or directions by
this Act authorized to be done or given by any conservator may, subject to his control, be done or
given by any harbour-master, or any deputy- or assistant of such conservator or harbour-master.
(2) Any person authorised by this Act to do any act may call to his aid such assistance as may be
necessary.
**67. Service of written notices of directions.—Any** written notice of direction given under this Act,
left for the master of any vessel with any person employed on board thereof, or affixed on a conspicuous
place on board of the vessel, shall, for the purposes of this Act, be deemed to have been given to the
master thereof.
**68. Publication of orders of Government.—Every** declaration, order and rule of a [1][Government]
made in pursuance of this Act shall be published in the Official Gazette, and a copy thereof shall be kept
in the office of the conservator and at the custom-house, if any, of every port to which the declaration,
order or rule relates, and shall there be open at all reasonable times to the inspection of any person
without payment of any fee.
2 **[68A. Authorities exercising jurisdiction in ports to co-operate in manoeuvers for**
**defence of port.—Every** authority exercising any powers or jurisdiction in. or relating to, any
port to which this Act for the time being applies shall, if so required by an officer authori sed by
general or special order of the Central Government in this behalf, co-operate in such manner, as
such officer may direct, in carrying out any manoeuvers in connection with any scheme or
preparations for the defence of the said port in time of war, and for this purpose shall, if so
required, temporarily place at the disposal of such officer the services of any of its staff and the
use of any of its vessels, property, equipment or other material:
Provided, firstly, that if any vessels arc placed at the disposal of such officer in accordance
with this section, the Central Government shall, in respect of the period during which they are so
at his disposal, bear the running expenses of such vessels, and be responsible for any damage
thereto.
_Explanation.—The expression ‘running expenses’ in this proviso includes all outlay incurred_
in connection with the use of the vessels other than any charges for their hire, or for the wages
of the officers and crews of such vessels:
Provided, secondly, that any officer making a requisition under this section shall exercise
his powers in such a way as to cause as little disturbance to the ordinary business of the port as
is compatible with the exigencies of the efficient carrying out of the manoeuvers:
Provided, thirdly, that no suit or other legal proceeding shall lie against any authority for
any default occurring by reason only of compliance with a requisition under this section.
**68B. Duties of the said authorities in an emergency.—Whenever** the Central Government
is of opinion that an emergency has arisen which renders it necessary that the duties imposed for
the purposes specified in section 68A on the authorities therein mentioned, or other duties of a
like nature, should be imposed on such authorities continuously during the existence of the
emergency, it may, by general or special order, authorise any officer to require the. said
authorities to perform such duties until the Central Government is of opinion that the
emergency has passed, and the said authority shall comply accordingly, and the provisions of
the said section shall apply subject to the following modification, namely: —
The Central Government shall pay any authority, on whom a requisition has been made,
such compensation for any loss or damage attributable to such requisition, and for any
services rendered or expenditure incurred in complying therewith as, in default of agreement,
shall be decided to be just and reasonable, having regard to the circumstances of the case, by
the arbitration of a person to be nominated in this behalf by the Central Government, and the
decision of such person shall be final.]
1. Subs. by the A.O. 1937, for “Local Government”.
2. Ins. by Act 6 of 1916, s. 11.
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1[68C. Application of certain provisions of the Act to aircraft.—(1) The provisions of
sections 6, 13 to 16 (both inclusive), 18, 21 and 28, sub-section (2) of section 31 and sections 33,
34, 35, 39, 42 to 48 (both inclusive) and 55 shall apply in relation to all aircraft making use of any
port subject to this Act, while on water as they apply in relation to vessels.
(2) No such aircraft shall enter or leave any port subject to this Act, except with the
permission granted by the Conservator of the Port or by such other officer as may be
authorized in this behalf by the Conservator.]
2[68D. **Maritime security.—A port facility in India shall comply with all the requirements**
contained in Chapter IXB of the Merchant Shipping Act, 1958 (44 of 1958) or the rules made
thereunder so far as they are not inconsistent with the provisions of this Act.
_Explanation.— For the purposes of this section, the expression “port facility” shall have the_
same meaning as assigned to it in Part IXB of the Merchant Shipping Act, 1958 (44 of 1958).]
**69.** [Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.
1. Ins. by Act 35 of 1951, s. 192.
2. Ins. by Act 40 of 2007, s. 7.
25
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1THE FIRST SCHEDULE
(See sections 1 and 33)
Ports, vessels chargeable, rate of port-dues and frequency of payment
2
[PART I—MAJOR PORTS
**Name of Port** **Vessels Chargeable** **Rate of port dues** **Due how often chargeable**
**per ton** **in respect of same vessel**
(1) (2) (3) (4)
3[Syama Prasad 4* -
Mookerjee Port,
Kolkata]
Paradip 4* -
Visakhapatnam 4* -
_Explanation:— “Outer Harbour” means the portion of the Visakhapatnam Port limits with the_
following coordinates; namely:—
WEST : A line drawn towards North along the Eastern boundary of S. No. 9 of Dolphin’s Nose
Village from the junction point of S. Nos. 3, 4, 9 and 10 i.e., at the point Lat. 17° 41' 11”.3
N and Long. 83° 17' 35” E across the channel till it touches Muncipal boundary, in T. No.
469 i.e, at the point Lat. 17° 41' 17”.3 N and Long. 83° 17' 35”.2E and thence towards North
along the field boundary of S. Nos. 10 and 12 of Dolphin’s Nose Village up to the South
Eastern point of T.S. 303 of Fort Ward. Visakhapatnam Town thence towards North East,
along eastern edge of the beach road till coinciding with the Western end of Groyne No. 2 at
the point Lat. 17° 41' 47” N Long. 83° 18' 03” .4E.
NORTH : From the point of Lat. 17° 41' 47” N. and Long. 83° 18' 03” .4E towards East along the
centre line of Groyne No. 2 till coinciding with East break water at Lat. 17° 41' 32” .6N.
Long 83° 18' 29” .8E.
EAST : A line drawn towards South from the point of Lat. 17° 41' 32” .6N Long. 83° 18' 29” .8E
till the point coinciding with East break water South and at Lat. 17° 41' 14” .93 N. Long.
83° 18' 29” .3E thence a line drawn towards South East till the point coinciding with East
end of South break water at Lat. 17° 41' 01” .43 N. Long. 83° 18' 49” .12E.
SOUTH : A line drawn towards West South West direction from the point with Lat. 17° 41' 01”
.43N Long 83° 18' 49” .12E till the point coinciding with Eastern boundary of S. No. I I
of Dolphin's Nose Village at the point Lat. 17° 40' 36” .7N Long 83° 17' 49” .8E and
thence towards North along Eastern boundary S. No. 11 of Dolphin's Nose Village till the
point of interception of S. Nu. 10 of Dolphins's Nose Village between F. Lines 109 and
71 and towards West to meet junction point of S. Nos. 3. 4. 9, 10 of Dolphin's Nose
Village i.e., at the point Lat. 17° 41' 11” .3N and Long. 83° 17' 35” E approximately.
1. This Schedule is liable to variation by notifications of State Governments, and for any change thereof
notifications of the States concerned should be consulted.
2. Subs. by notification No. G.S.R. 257(E), dated 1-5-1978, Gazette of India, Pt. II, s. 3(i), p. 398, for the
heading and the major ports of Calcutta and Paradip and the entries relating thereto.
3. Subs. by notification No. S.O. 2020(E), for the entry “Calcutta” (dated 24-6-2020).
4. Entries under cols. (2), (3) and (4) omitted by Act 15 of 1997. s. 9 (w.e.f. 9 -1-1997).
26
-----
(1) (2) (3) (4)
Madras 1* ***** *****
New Tuticorn 1* ***** *****
Cochin 1* ***** *****
New Mangalore 1* ***** *****
Mormugao 1* ***** *****
Bombay 1* ***** *****
Kandla 1* ***** *****
PART II.—RESERVED FOR PORTS IN WEST BENGAL, IF ANY
2
[PART III.—PORTS UNDER THE CONTROL OF GOVERNMENT OF ORISSA
Name of port Vessels chargeable Rate of port dues Due how often chargeable in
respect of the same vessel
(1) (2) (3) (4)
1. Chandbali Sea-going vessels of ten tonnes Not exceeding rupee Once in the same month.
(Dhamra) and upwards (except fishing one and fifty paise
boats). per tonne.
(Tug-boats, ferry-boats and river Ditto. Once between the 1st
boats, whether propelled by steam January and the 30th June,
or other mechanical means). and once between the 1st
july and 31st December, in
each year.
2. Gopalpur Sea-going vessels of ten tonnes Not exceeding rupee Once in the same month.
and upwards (except fishing one and fifty paisa
boats). per tonne.
(Tug-boats, ferry-boats and river Ditto. Once between the 1st
boats, whether propelled by steam January and the 30th June,
or other mechanical means). and once between the 1st
july and 31st December, in
each year
3
[PART IV.—PORTS UNDER THE CONTROL OF GOVERNMENT OF ANDHRA PRADESH
Name of the Port District Vessels
Chargeable
Name of the Port District Vessels Rate of port dues Rate Due how often
Chargeable Class of vessels chargeable in
respect of the
same vessel
(1) (2) (3) (4) (5)
Rate of port dues
Class of vessels
Bheemunipatnam Kakinada (East
Godavari) Narsapur (WestGodavari)
Machilipatnam (Krishna)
(Visakhapatnam)
Sea-going vessels
of 42-45 cubic
metres (15 tons)
and upwards.
steamer (referred to in item 1
above) calling at any port for
more than once in the same
voyage.
Payable once for
one voyage.
1. Entries under cols. (2), (3) and (4) omitted by Act 15 of 1997, s. 9 (w.e.f. 9.1.1997).
2. Added by notification No. 1317-PD, dated 29-04-1978, Gazette of Orissa.
3. Added by notification No. G.O. Ms. 253, dated 28-4-1978, Gazette of Andhra Pradesh.
27
-----
PART IV.— PORTS UNDER THE CONTROL OF GOVERNMENT OF ANDHRA PRADESH—CONTD.
(1) (2) (3) (4) (5)
Sea-going vessels of 42- (3) Coasting ship calling at Thirteen paise per The payment of the
45 cubic metres (15 any port cubic metre. dues at the port will
tons) and upwards.— exempt the ship for a
contd. period of 60 days from
liability to pay the dues
again at that port.
(4) Coasting steamer calling at Fifteen paise per The payment of the
any port cubic metre. dues at the port will
exempt the steamer for
a period of 30 days
from liability to pay the
dues again at that port.]
1
[PART V—PORTS UNDER THE CONTROL OF THE GOVERNMENT OF TAMIL NADU
Name of the Port District Vessels Chargeable Rate of port dues, Due how often
Class of vessels chargeable in
respect of the same
vessel
(1) (2) (3) (4) (5)
(1) Cuddalore South Arcot Sea going vessels of 40 (1) Foreign ship or Payable on each entry
(2) Nagapattinam Thanjavur cubic metres and steamer calling at any into the port except in
upwards. port not exceeding 10 the case of straits
paisa per cubic metre. steamer which shall not
be charged more than
once in a voyage.
(2) Foreign ship or Payable once for the
steamer calling at more voyage.
than one port not
exceeding 15 paisa per
cubic metre.
(3) Pamban (3) Coasting ship The payment of dues at
(4) Rameswaram Ramnathapuram calling at any port not the port will exempt the
(3) Kilakarai exceeding 5 paisa per ship for a period of 60
cubic metre. days from liability to
pay the dues again at
that port.
(6) Veppalodai Tirunelveli (4) Coasting steamer The payment of dues at
(7) Colachel Kanyakumari calling at any port not the port will exempt the
(8) Kanyakumari exceeding 10 paisa per steamer for a period of
cubic metre. 30 (thirty) days from
liability to pay the dues
again at that port.]
1. Added by notification No. 11(2)/TRA/1914(c)/78, dated 1-5-1978, Gazette of Tamil Nadu.
28
|Col1|Col2|
|---|---|
-----
1[PART VI.—PORTS UNDER THE CONTROL OF GOVERNMENT OF PONDICIHERRY.
(See SECTIONS 1 AND 33)
Name of Port Vessels chargeable Rate of port dues Dues how often
chargeable in
respect of same
vessel
(1) (2) (3) (4)
Pondicherry Sea-going vessels of 40 (a) Foreign going ship (a) Payable one each
cubic metres and or sailing vessel entry Into the port.
upwards. calling at this port at
15 paise per cubic
metre. (b) The payment of
(b) Coasting ships port dues will
calling at this port at exempt the ship for
15 paise per cubic a period of sixty
metre. days from liability
to pay the dues
again at that port.
(c) Coasting sailing Do.
vessel calling at this
port at 5 paise per
cubic metre.
(1) The levy of port dues in accordance with the Schedule referred to in clause (1) shall be subject to
the following conditions, namely:—
(a) that with effect on an from the 1st July, 1978, the rates of port dues to be levied on
vessels specified in column (2) of the said Schedule, entering the Port in the Union
Territory of Pondicherry shall be those laid down in column (3) of the said Schedule;
(b) that such dues shall be levied subject to the conditions mentioned in column (4) of the said
schedule;
(c) that the rates of port dues chargeable on any one vessel entering the port in ballast
and not carrying passengers shall be 3/4th of the rates laid down in the schedule;
(d) that when a vessel enters the port but does not discharge or take any cargo or
passengers therein (with the exception of such unshipment or reshipment as may be
necessary for purposes of repair), she shall be charged with port dues at half the rates
specified in the schedule; and
(e) that no port dues shall be levied on—
(i) any pleasure yacht, or
(ii) any vessel which, having letter any port, is compelled to re-enter it by stress of
weather, or in consequence of having sustained any damage, or
(iii) any vessel which, having entered any port, leaves it within forty-eight hours without
discharging or taking in any passengers or cargo.
(2) For the purpose of this notification the terms “foreign going ship”, “coasting ship”, “sailing
vessel” and “ship” shall have the same meaning as found in the Merchant Shipping Act, 1958 (Act No.
XLIV of 1958).]
1. Ins. by Notification No. G.O. Ms. 70/78, dated 1 -5-1978, Gazette of Pondicherry.
29
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1
[PART VII.— PORTS UNDER THE CONTROL OF GOVERNMENT OF KERALA
Name of Port Vessels Rate of port dues Dues how often
chargeable chargeable in
respect of the
District Ports Class of vessel Rate of port
same vessel
dues
(1) (2) (3) (4) (5)
(6)
Trivandrum
Quilon
Allepey
Trichrur
Ernakulam
Malappuram
Kazikode
Cannanore
1. KovalamVizhinjam
2. Trivandrum
3. Quilon
4. Neendakar
5.Allepey
6. Azikode
7. Ponnami
8. Calicut
(including
Beypore)
9. Badagara
10. Telicherry
11. Cannanore
12. Azhikkal
13. kasaragode
All sea-going
vessels of 40
cubic metres and
upwards.
(other than
fishing vessels)
(a) Foreign ship
or steamer or
coastal steamer
calling at any
port.
(b) Coastal ship
Not exceeding
Rs. 1.50 per ton.
Not exceeding 50
paise per ton.
The payment of the
dues on entry at any
minor port of Kerala
will exempt
steamers for a
period of 30 days
and ships for a
period of 60 days
from payment of
port dues again at
that port.
_Notes: (1)_ In assessing the Port dues the date on which a vessel anchored shall be the date from which
dues shall be calculated.
(2) In the case of vessels the certificate of registry of which shows her tonnage in the British
standard tons only, a factor of 2.83 cubic metres will be the equivalent to one ton for
purpose of levy of Port dues specified in column 3 and on conversion of such tons into cubic
metres any fraction less than half will be omitted and half and above rounded to the nearest
cubic metres.
_Explanation.—In_ this schedule—
(a) “ship” means a vessel propelled solely by wind-power.
(b) “Steamer” means any vessel other than a ship.
(c) “Coasting ship”. or “Coasting steamer” means respectively a ship or steamer which at
any Port discharges cargo exclusively from or takes in cargo exclusively for any ports in India
or in Burma or in the Island of Ceylon and “Coasting Steamer” includes a coasting steam vessel
having a general pass under section 164 of the Sea Customs Act, 1878.
(d) “Foreign ship” or “Foreign Steamer” means respectively a ship or a steamer not being a
coasting ship or coasting steamer.)]
1. Added by Notification No. S.R.O. 373/78, dated 26-4-1978, Gazette of Kerala.
30
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1
[PART-VIII.—PORTS UNDER THE CONTROL OF GOVERNMENT OF KARNATAKA
Name of Ports Vessels chargeable Rate of Port dues Dues how often chargeable in
respect of the same vessel
(1) (2) (3) (4)
1. Mangalore Sea-going vessels (a) Foreign ship or Not exceeding Payable on each entry into
of 15 cubic metres steamer calling thirty paise per the Port.
and upwards. at the port. cubic metre.
(b) Coasting ship Not exceeding The payment of the dues
calling at the thirty paise per will exempt the ship for a
port. cubic metre. period of sixty days from
liability to pay the dues
again at the port.
(c) Coasting Not exceeding The payment of the dues
steamer calling thirty paise per will exempt the steamer for
at the port. cubic metre. a period of 30 days from
liability to pay the dues
again at the port.
2. Malpe Sea-going vessels (a) Foreign ship or Not exceeding Payable on each entry into
3. Mangarkatta of 15 cubic metres steamer calling thirty paise per the Port.
4. Coondapur and upwards. at the port. cubic metre.
5. Baindur (b) Foreign ship or Not exceeding Payable once for the
steamer calling forty five paise per voyage.
at more than cubic metre.
one port.
6. Bhatkal Sea-going vessels (c) Coasting ships Not exceeding The payment of the dues
7. Shirali of 15 cubic metres calling at any twenty paise per will exempt the ship for a
period of sixty days from
8. Murdeshwar and upwards. Port. cubic metre.
liability to pay the dues
9. Honavar/Manki
again at the port.
10. Tadri/Gangavali
11. Belekeri/Ankola
(d) Coasting Not exceeding The payment of the dues
steamers twenty four paise will exempt the steamer for
a period of 30 days from
calling at the per cubic metre.
liability to pay the dues
Port.
again at the port.
12. Chendia
13. Binaga
14. Karwar
15. Majali
_Explanation_ _1.—_
(a) Ship” means a vessel propelled with sufficient sail area for navigation under sail alone whether or
not fitted with mechanical means of the propulsion and includes a rowing boat or canoe.
(b) “Steamer” means any vessel other than a ship.
1. Ins. by notification No. PWD 42 PSP 77, dated 29-4-1978, Gazette of Karnataka (Extraordinary), Part IV-2 c(ii).
31
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(c) “Coasting ship” or “coasting steamer” means respectively a ship or steamer which at any port
discharges cargo exclusively from or takes in cargo exclusively for any Port in India.
Provided for the purpose of levy of port dues vessel shall not be deemed during one and the same voyage
to be both coasting ship or steamer and a Foregin ship or steamer but port dues shall, in respect of such
voyage, be leviable on such vessels either as a coasting or as a foreign ship or steamer, whichever rate is
higher.
_Explanation 2.—_
Ports enclosed in double brackets in the second column of the schedule shall be treated as if they are only
one port every vessel in respect of which such dues have been charged and taken at one of the bracketed ports
being exempted from the payment of port dues on entering another port within the period specified in the
fourth column of the schedule.
1
[PART IX.—PORTS UNDER THE CONTROL OF GOVERNMENT OF GOA, DAMAN AND DIU
Name of the Port Vessels Rate of port dues Dues how often
chargeable in respect of
same vessel
(1) (2) (3) (4)
1. Diu (a) Sea-going vessels
of ten tons and
upwards (except
fishing boats).
(b) Inland
mechanically
propelled vessels.
2. Simbor (a) Sea-going vessels
of ten tons
(b) Inland
mechanically
propelled vessels.
3. Daman (a) Sea-going vessels
of ten tons and
upwards (except
fishing boats)
(b) Inland mechanically
propelled vessles.
Not exceeding Rupee
one and paise fifty per
ton.
Once in the same month.
-do- Once between 1st
January & 31st March,
once between 1st April &
30th June, once between
1st July & 30th
September & once
between 1st October.
-do- Once in the same month.
-do- Once between 1st
January & 31st March,
once between 1st April &
30th June, once between
1st July & 30th
September & once
between 1st October.
-do- Once between 1st
January & 31st March,
once between 1st April &
30th June, once between
1st July & 30th
September & once
between 1st October.
-do- Once in the same month.
1. Ins. by notification No. 1/605/78/IPD, dated 1-5-1978, Gazette of Goa, Daman Diu.
32
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(1) (2) (3) (4)
4. Tiracol (a) Sea-going vessels
of ten tons and
upwards (except
fishing boats)
(b) Inland
mechanically
propelled vessles.
5. Chapora (a) Sea-going vessels
of ten tons and
upwards (except
fishing boats)
(b) Inland
mechanically
propelled vessles.
6. Panaji (a) Sea-going vessels
of ten tons and
upwards (except
fishing boats)
(b) Inland
mechanically
propelled vessles.
7. Talpona (a) Sea-going vessels
of ten tons and
upwards (except
fishing boats)
(b) Inland
mechanically
propelled vessles.
-do- Once between 1st January
& 31st March, once
between 1st April & 30th
June, once between 1st July
& 30th September & once
between 1st October.
-do- Once in the same month.
-do- Once between 1st January
& 31st March, once
between 1st April & 30th
June, once between 1st July
& 30th September & once
between 1st October.
-do- Once in the same month.
-do- Once between 1st January
& 31st March, once
between 1st April & 30th
June, once between 1st July
& 30th September & once
between 1st October.
-do- Once in the same month.
-do- Once in the same month.
-do- Once between 1st January
& 31st March, once
between 1st April & 30th
June, once between 1st July
& 30th September & once
between 1st October.]
33
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1
[PART X.—PORTS UNDER THE CONTROL OF GOVERNMENT OF MAHARASHTRA
Name of ports and
Group within which
they fail
Vessels chargeable Rate of port dues Dues how often
chargeable in respect
of same vessels
(1) (2) (3) (4)
I-BANDRA GROUP OF PORTS
1. Dhanu.
2. Tarapur.
3. Nawapur.
4. Satpati.
5. Kelwa Mahim
(including Kelwa).
6. Arnala (including
Datiware).
7. Bassein.
8. Uttan.
9. Bhivandi.
10. Manori
11. Kalyan.
12. Thane.
13. Vessava.
14. Bandra.
1. Trombay (including
Mahul.)
(i) Sea-going
vessels of 5 tons
and upwards but
less than 10 tons
(exceeding
fishing boats).
(ii) Sea-going
vessels other
than power,
driven sea-going
vessels of 10
tons and
upwards
(exceeding
fishing boats).
(iii) Power driven
sea-going
vessels of 10
tons and
upwards.
(i) Sea-going
vessels of 5 tons
and upwards but
less than 10 tons
(exceeding
fishing boats).
Twenty-five paise per
metric ton.
Forty paise per metric
ton.
Sixty paise per metric
ton.
II—MORA GROUP OF PORTS
Twenty-five paise per
metric ton.
Once in thirty days at
the same port;
provided that no
coasting vessels
having paid port dues
at any port shall be
chargeable with port
dues again at the
same or any other
port of the same
group within 30 days.
Once in thirty days at
the same port;
provided that no
coasting vessels
having paid port dues
at any port shall be
chargeable with port
dues again at the
same or any other
port of the same
group within 30 days.
1. Ins. by notification No. IPA 1077/264/36TR, dated 21-31978, Gazette of Maharashtra.
34
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(1) (2) (3) (4)
2. Panvel (Ulwa and
Belapur).
3. Mora.
4. Karanja.
5. Mandwa.
6. Thal (Rewas).
7. Alibag.
(including Dharamtar).
1. Revdanda.
2. Borli Mandla.
3. Nandgaon.
4. Murud (J).
(ii) Sea-going vessels
other than power
driven sea-going
vessels of 10 tons
and upwards
(exceeding
fishing boats).
(iii) Power driven
sea-going
vessels of 10
tons and
upwards.
(i) Sea-going
vessels of 5 tons
and upwards but
less than 10 tons
(excepting
fishing boats).
Forty paise per metric
ton.
Sixty paise per metric
ton.
III—RAJPURI GROUP OF PORTS
Twenty-five paise per
metric ton.
Forty paise per metric
ton.
Sixty paise per metric
ton.
Once in thirty days at
the same port; provided
that no coasting vessels
having paid port dues
at any port shall be
chargeable with port
dues again at the same
or any other port of the
same group within 30
days.
Once in thirty days at
the same port; provided
that no coasting vessels
or coasting power
driven vessels having
paid port dues at any
port shall be
chargeable with port
dues again at the same
or any other port of the
same group within 30
days.
5. Rajpuri. (ii) Sea-going Forty paise per metric
vessels other ton.
than power
driven sea-going
vessels of 10
tons and
upwards
(excepting
fishing boats).
6. Bankot. (iii) Power driven Sixty paise per metric
sea-going ton.
vessels of 10
tons and
upwards.
IV—RATNAGIRI GROUP OF PORTS
1. Kelshi. (i) Sea-going Twenty-five paise per
2. Harnai. vessels of 5 tons metric ton.
3. Dabhol. and upwards but
4. Palshet. less than 10 tons
(excepting
fishing boats).
35
-----
(1) (2) (3) (4)
5. Borya. (i) Sea-going other Forty paise per metric
6. Jaigad. than power ton.
7. Varoda (Tiwari). driven sea-going
vessels of 10
tons and
upwards
(excepting
fishing boats).
8. Ratnagiri. (iii) Power driven Sixty paise per metric
9. Purnagad. sea-going ton.
vessels of 10
tons and
upwards.
V—VIJAYDURG GROUP OF PORTS
1. Jaipur. (i) Sea-going vessels Twenty-five paise per Once in thirty days at
2. Vijaydurg. of 5 tons and metric ton. the same port; provided
3. Deogad. upwards but less that no coasting vessels
than 10 tons or coasting power
(excepting driven vessels having
fishing boats). paid port dues at any
port shall be
chargeable with port
dues again at the same
or any other port of the
same group within 30
days.
4. Achara. (ii) Sea-going Forty paise per metric
vessels other ton.
than power
driven sea-going
vessels of 10
tons and
upwards
(excepting
fishing boats).
(iii) Power driven Sixty paise per metric
sea-going ton.
vessels of 10
tons and
upwards.
VI—VENGURLA GROUP OF PORTS
1. Malwan (i) Sea-going Twenty-five paise per Once in thirty days at the
2. Nivati. vessels of 5 tons metric ton. same port; provided that
3. Vengurla. and upwards but no coasting vessels or
less than 10 tons coasting power driven
(excepting vessels having paid port
fishing boats), dues at any port shall be
chargeable with port dues
again at the same or any
other port of the same
group within 30 days.]
36
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(1) (2) (3) (4)
4. Redi. (ii) Sea-going Forty paise per metric
5. Kiranpani. vessels other ton.
than power
driven sea-going
vessels of 10
tons and
upwards
(excepting
fishing boats).
(iii) Power driven Sixty paise per metric
sea-going ton.
vessels of 10
tons and
upwards.
1[PART XI.—PORTS UNDER THE CONTROL OF GOVERNMENT OF GUJARAT
1. Umargaon
2. Maroli
3. Kolak
4. Umarsadi
5. Valsad
6. Billimora
7. Vansi-Borsi
8. Onjal
9. Surat (Magdalia)
10. Bhagva
11. Bharuch
12. Dahej
(1) Foreign Ships Re. 1.00 p. per ton. Once in 30 days in case
of each vessel.
(2) Costing ships Re. 0.50 p. per ton. -do
(3) Sailing vessels Re. 0.35 p. per ton. -do
(4) Tugs, ferry and
river ships.
13. Khambhat (5) Foreign ships
bringing cargo
for transhipment
in daughter
ships.
(6) Daughter ships in
ballast being
loaded with
cargo from
tankers and
leaving for ports
other than
Gujarat State
ports.
Re. 0.60 p. per ton. Twice in a year _i.e. to_
say once between the
1st January to the 30th
June and once between
the 1st July to the 31st
December.
Re. 1.00 p. per ton. -do
1. Ins. by Notification No. G/J/16/ IPA/1077/95-M, dated 1-5-1978, Gazette of Gujarat, Extraordinary, Part IV-A.
37
-----
(1) (2) (3) (4)
_II. Bhavnagar Group of Ports:_
1. Bhavnagar
2. Gogha
3. Talaja
Once in 30 days in case
(1) Foreign Ships Re. 1.00 per ton.
of each vessels.
(2) Coasting ships Re. 0.50 p. per ton. -do
(3) sailing vessels Re. 0.35 p. per ton.
(4) Tugs, ferry and
river ships.
(5) Foreign ships
bringing cargo
for transhipment
in daughter
ships.
(6) Daughter ships in
ballast being
loaded with
cargo from
tankers and
leaving for ports
other than
Gujarat State
ports.
_III. Mahuva Group of Ports:_
Twice in a year _i.e. to_
Re. 0.60 p. per ton.
say once between the
1st January to the 30th
June and once between
the 1st July to the 31st
December.
Once in 30 days in case
Rs. 2.50 p. per ton.
of each vessel.
-doRe. 1.00 p. per ton.
1. Mahuva
2. Pipavav
Once in 30 days in case
(1) Foreign ships Re. 1. 00 p. per ton.
of each vessel.
-doBandar (2) Coasting ships Re. 0.50 p. per ton.
-do3. Jafrabad (3) Sailing Vessels Re. 0.35 p. per ton.
Twice in a year _i.e. to_
4. Rajpara (4) Tugs, ferry and Re. 0.60 p. per ton.
say once between the
river ships
1st January to the 30th
June and once between
the 1st July to the 31st
December.
Once in 30 days in case
(5) Foreign ships Re. 2. 50 p. per ton.
of each vessel.
vringing cargo
for
transshipment in
daughter ships.
38
-----
(4)
(1) (2) (3)
-do
(6) Daughter ships Re. 1.00 p. per ton.
in ballast being
loaded with
cargo from
tankers and
leaving for ports
other then
Gujarat State
ports.
_IV. Veraval Group of Ports:_
Once in 30 days in case
(1) Nawabandar (1) Foreign ships. Re. 1.00 p. per ton.
of each vessel.
-do(2) Madhwad (2) Coasting ships. Re. 0.50 p. per ton.
(3) Veraval
(4) Mangrol
-do(3) Sailing Vessels. Re. 0.35 p. per ton.
Twice in a year _i.e. to_
(4) Tugs, ferry and Re. 0.50 p. per ton.
say once between the
river ships.
1st January to the 30th
June and once between
the 1st July to the 31st
December.
Once in30 day in case
(5) Foreign ships Rs. 2.50 p. per ton.
of each vessel.
bringing cargo
for transhipment
in daughter
ships.
-do
(6) Daughter ships Re. 1.00 p. per ton.
in ballast being
loaded with
cargo from
tankers and
leaving for ports
other than
Gujarat State
ports.
_V. Porbandar Group of ports:_
(1) Porbandar (1) Foreign ships. Re. 1.00 p per ton. Once in 30 day in case
of each vessel.
(2) Coasting ships. R. 0.50 p per ton. -do
(3) Sailing vessels. Re. 0.35 p per ton. -do
(4) Tugs, ferry and Re. 0.60 p per ton. Twice in a year _i.e. to_
river ships. say once between the
1st January to the 30th
June and once between
the 1st July to the 31st
December.
39
-----
(1) (2) (3) (4)
(5) Foreign ships
bringing cargo
for transhipment
in daughter
ships.
(6) Daughter ships
in ballast being
loaded with
cargo from
tankers and
leaving for ports
other than
Gujarat State
ports.
_VI. Okha Group of Ports:_
Rs. 1.00 p per ton. Once in 30 day in case
of each vessel.
Re. 1.00 p per ton. -do
(1) Dwarka (Rupen) (1) Foreign ships. Re. 1.00 p per ton.
(2) Okha
(2) Coasting ships. R. 0.50 p per ton. -do
(3) Beyt
(3) Sailing vessels. Re. 0.35 p per ton. -do
(4) Tugs, ferry and Re. 0.60 p per ton. Twice in a year _i.e. to_
river ships. say once between the
1st January to the 30th
June and once between
the 1st July to the 31st
December.
(5) Foreign ships Rs. 1.00 p per ton. Once in 30 day in case
bringing cargo of each vessel.
for transhipment
in daughter
ships.
Re. 1.00 p per ton. -do
(6) Daughter ships
in ballast being
loaded with
cargo from
tankers and
leaving for ports
other than
Gujarat State
ports.
_VII. Bedi Group of Ports:_
(1) Pindhara (1) Foreign ships. Re. 1.00 p per ton.
(2) Salaya
(3) Sikka
(4) Bedi (including
Rozi)
(2) Coasting ships. Re. 0.50 per ton. -do
(5) Jodia (3) Sailing Vessels. Re. 0.60 p per ton. -do
40
-----
(1) (2) (3) (4)
(4) Tugs, ferry and Re. 0.60 p per ton. Twice in a year _i.e. to_
river ships. say once between the
1st January to the 30th
June and once between
the 1st July to the 31st
December.
(5) Foreign ships Rs. 1.00 p per ton. Once in 30 day in case
bringing cargo of each vessel.
for transhipment
in daughter
ships.
(6) Daughter ships Re. 1.00 p per ton. -do
in ballast being
loaded with
cargo from
tankers and
leaving for ports
other than
Gujarat State
ports.
_VIII. Navlakhi Group of pots:_
(1) Navlakhi (1) Foreign ships. Re. 1.00 p per ton. Once in 30 day in case
of each vessel.
(2) Coasting ships. Re. 0.50 per ton. -do
(3) Sailing Vessels. Re. 0.60 p per ton. -do
(4) Tugs, ferry and
river ships.
(5) Foreign ships
bringing cargo
for transhipment
in daughter
ships.
(6) Daughter ships
in ballast being
loaded with
cargo from
tankers and
leaving for ports
other than
Gujarat State
ports.
Re. 0.60 p per ton. Twice in a year _i.e. to_
say once between the
1st January to the 30th
June and once between
the 1st July to the 31st
December.
Rs. 1.00 p per ton. Once in 30 day in case
of each vessel.
Re. 1.00 p per ton. -do
41
-----
(1) (2) (3) (4)
_IX. Mandvi Group of Ports:_
(1) Mundra (1) Foreign ships. Re. 1.00 p per ton. Once in 30 day in case
of each vessel.
(2) Mandvi
(2) Coasting ships. Re. 0.50 per ton. -do
(3) Jakhau
(3) Sailing Vessels. Re. 0.60 p per ton. -do
(4) Koteshwar
(4) Tugs, ferry and Re. 0.60 p per ton. Twice in a year _i.e. to_
river ships. say once between the
1st January to the 30th
June and once between
the 1st July to the 31st
December.
(5) Foreign ships Rs. 1.00 p per ton. Once in 30 day in case
bringing cargo of each vessel.
for transhipment
in daughter
ships.
(6) Daughter ships Re. 1.00 p per ton. -do
in ballast being
loaded with
cargo from
tankers and
leaving for ports
other than
Gujarat State
ports.
_Explanations to Part XI of the First Schedule._
_Explanation 1.—(a) The ports shown under each of the nine groups in the first column of the table_
shall be treated as if they were only one port. The payment of the dues at the first port called in a
group shall exempt the vessel for the period shown in column 4 in the table from the liability of
payment of the dues again on re-entering or entering that or any other port in the same group.
(b) No port dues shall be charged in respect of vessel of less than 10 tons or any fishing boat.
(c) A vessel in distress with no cargo on board brought into harbour in tow shall be charged with three
fourths of port dues.
(d) A coastal ship entering a port, bringing coal or taking salt shall be charged port dues at ten per cent.
less than the rates with which she would otherwise be chargeable.
_Explanation 2.—(a) In determining of the measurement of the net tonnage for the purpose of calculating_
the charges, a fraction of half a ton or more shall be counted as one ton and less than half ton shall be ignored.
(b) The period of thirty days shall be reckoned from the date of entry of the vessel into the port.
(c) “Vessel” includes any ship, boat, sailing vessel or other description of vessel used in the navigation.
(d) “Sailing vessel” means any description of vessel provided with sufficient sail area for navigation
under sails alone, whether or not fitted with mechanical means of propulsion, and includes a rowing boat or
canoe but does not inclued a pleasure craft.
(e) “Ship” does not include a sailing vessel.
42
-----
(f) “Coastal ship” means a ship which at any port in Gujarat discharges exclusively from or takes any
cargo exclusively for any port in the Republic of India and is not enagaged in overseas trade.
_(g) “Foreign ship” means a ship which is not a coasting ship._
_Explanation 3.—If the vessel, in the course of her voyage or during stay in the port, changes_
her character from a coasting vessel to a foreign ship or _vice versa, port dues shall be charged at_
the rates leviable in respect of foreign ships.
_Explanation 4.—(a)_ A vessel entering a port and taking in only provisions, water, bunker-coal or
liquid fuel for her own consumption shall be charged port dues at half the rate with which she would
otherwise be chargeable.
(b) A vessel that has paid half the port dues under clause _(a) above re-enters the same port with_
cargo or passengers or both within thirty days from the date of its previous entry in the port shall be
charged the difference between the dues already paid and those payable at the full rate
_Explanation_ 5.—When a vessel which has been charged port dues, leviable under Government of
Gujarat, Public Works Department, Notification No. G/J/48/75/IPA-2975-M, dated the 5th December,
1975, re-enters the same port with cargo or passengers or for any other purpose within thirty days from
the date of its previous entry on the port, it shall be charged the difference between the dues already paid
and those with which she would otherwise be chargeable.]
THE SECOND SCHEDULE.—[Enactment repealed.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2
_and the Schedule._
__________________
43
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|
18-Dec-1908 | 16 | The Registration Act, 1908 | https://www.indiacode.nic.in/bitstream/123456789/2190/5/A1908-16.pdf | central | # THE REGISTRATION ACT, 1908
___________
ARRANGEMENT OF SECTIONS
___________
PART I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
PART II
OF THE REGISTRATION-ESTABLISHMENT
3. Inspector-General of Registration.
4. [Repealed.].
5. Districts and sub-districts.
6. Registrars and Sub-Registrars.
7. Offices of Registrar and Sub-Registrar.
8. Inspectors of Registration offices.
9. [Repealed.].
10. Absence of Registrar or vacancy in his office.
11. Absence of Registrar on duty in his district.
12. Absence of Sub-Registrar or vacancy in his office.
13. Report to State Government of appointments under sections 10, 11 and 12.
14. Establishments of registering officers.
15. Seal of registering officers.
16. Register-books and fire-proof boxes.
16A. Keeping of books in computer floppies, diskettes, etc.
PART III
OR REGISTRABEL DOCUMENTS
17. Documents of which registration is compulsory.
18. Documents of which registration is optional.
19. Documents in language not understood by registering officer.
20. Documents containing interlineations, blanks, erasures or alterations.
21. Description of property and maps or plans.
22. Description of houses and land by reference to Government maps or surveys.
PART IV
OF THE TIME OF PRESENTATION
23. Time for presenting documents.
23A. Re-registration of certain documents.
24. Documents executed by several persons at different times.
25. Provision where delay in presentation is unavoidable.
26. Documents executed out of India.
27. Wills may be presented or deposited at any time.
PART V
OF THE PLACE OF REGISTRATION
28. Place for registering documents relating to land.
29. Place for registering other documents.
1
-----
SECTIONS
30. Registration by Registrars in certain cases.
31. Registration or acceptance for deposit at private residence.
PART VI
OF PRESENTING DOCUMENTS FOR REGISTRATION
32. Persons to present documents for registration.
32A. Compulsory affixing of photograph, etc.
33. Power-of-attorney recognisable for purposes of section 32
34. Enquiry before registration by registering officer.
35. Procedure on admission and denial of execution respectively.
PART VII
OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES
36. Procedure where appearance of executant or witness is desired.
37. Officer or Court to issue and cause service of summons.
38. Persons exempt from appearance at registration-office.
39. Law as to summonses, commissions and witnesses.
PART VIII
OF PRESENTING WILLS AND AUTHORITIES TO ADOPT
40. Persons entitled to present wills and authorities to adopt.
41. Registration of wills and authorities to adopt.
PART IX
OF THE DEPOSIT OF WILLS
42. Deposit of wills.
43. Procedure on deposit of wills.
44. Withdrawal of sealed cover deposited under section 42.
45. Proceedings on death of depositor.
46. Saving of certain enactments and powers of Courts.
PART X
OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION
47. Time from which registered document operates.
48. Registered documents relating to property when to take effect against oral agreements.
49. Effect of non-registration of documents required to be registered.
50. Certain registered documents relating to land to take effect against unregistered documents.
PART XI
OF THE DUITES AND POWERS OF REGISTERING OFFICERS
(A) As to the Register-books and Indexes
51. Register-books to be kept in the several offices.
52. Duties of registering officers when document presented.
53. Entries to be numbered consecutively.
54. Current indexes and entries therein.
55. Indexes to be made by registering officers, and their contents.
56. [Repealed.].
57. Registering officers to allow inspection of certain books and indexes, and to give certified copies
of entries.
(B) As to the procedure on admitting to registration
58. Particulars to be endorsed on documents admitted to registration.
59. Endorsements to be dated and signed by registering officer.
60. Certificate of registration
61. Endorsements and certificate to be copied and document returned.
62. Procedure on presenting document in language unknown to registering officer.
2
-----
SECTIONS
63. Power to administer oaths and record of substance of statements.
(C) Special duties of Sub-Registrar
64. Procedure where document relates to land in several sub-districts.
65. Procedure where document relates to land in several districts.
(D) Special duties of Registrar
66. Procedure after registration of documents relating to land.
67. [Omitted.].
(E) Of the Controlling powers of Registrar and Inspector-General
68. Power of Registrar to superintend and control Sub-Registrars.
69. Power of Inspector-General to superintend registration offices and make rules.
70. Power of Inspector-General to remit fines.
PART XII
OF REFUSAL TO REGISTER
71. Reasons for refusal to register to be recorded.
72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than
denial of execution.
73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution.
74. Procedure of Registrar on such application.
75. Order by Registrar to register and procedure thereon.
76. Order of refusal by Registrar.
77. Suit in case of order of refusal by Registrar.
PART XIII
OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES
78. Fees to be fixed by State Government.
79. Publication of fees.
80. Fees payable on presentation.
PART XIV
OF PENALTIES
81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to
injure.
82. Penalty for making false statements, delivering false copies or translations, false personation, and
abetment.
83. Registering officers may commence prosecutions.
84. Registering officers to be deemed public servants.
PART XV
MISCELLANEOUS
85. Destruction of unclaimed documents.
86. Registering officer not liable for thing bona fide done or refused in his official capacity.
87. Nothing so done invalidated by defect in appointment or procedure.
88. Registration of documents executed by Government officers or certain public functionaries.
89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed.
_Exemption from Act_
90. Exemption of certain documents executed by or in favour of Government.
91. Inspection and copies of such documents.
92. [Repealed.].
93. [Repealed.].
_THE SCHEDULE.[REPEALED.]._
3
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# THE REGISTRATION ACT, 1908
ACT NO. 16 OF 1908[1]
[18th December, 1908.]
# An Act to consolidate the enactments relating to the Registration of Documents.
WHEREAS it is expedient to consolidate the enactments relating to the registration of documents; it is
hereby enacted as follows:—
PART I
PRELIMINARY
**1. Short title, extent and commencement.—(1) This Act may be called the** [2]*** Registration Act,
1908.
3[(2) It extends to the whole of India 4***:
Provided that the State Government may exclude any districts or tracts of country from its operation.]
(3) It shall come into force on the first day of January, 1909.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 1.-For sub-section (3) of section 1 of the Registration (Karnataka**
Amendment) Act, 1976 (Karnataka Act 55 of 1976) the following sub-section shall be and shall be
deemed have been substituted, namely:-
“(3) This section and sections 3, 13, 14, 16, 17 and 19 shall come into force at once and the other
sections shall come into force on such date as the State Government may, by notification, appoint and
different sections areas.”
[Vide Karnataka Act 64 of 1976, s. 2]
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(1) “Addition” means the place of residence, and the profession, trade, rank and title (if any) of a
person described, and in the case of [5][an Indian], [6]*** his father's name, or where he is usually
described as the son of his mother, then his mother's name;
(2) “Book” includes a portion of a book and also any number of sheets connected together with a
view of forming a book or portion of a book;
(3) “District” and “sub-district” respectively mean a district and sub-district formed under this
Act;
(4) “District Court” includes the High Court in its ordinary original civil jurisdiction;
1. It has been amended in its application to West Bengal by Ben. Act 5 of 1942 and West Ben. Acts 29 of 1950 and 31 of 1951;
to Maharashtra by Bombay Acts 5 of 1929, 17 of 1930, 18 of 1933, 24 of 1939, 10 of 1939, 10 of 1942 and 6 of 1960,
Maharashtra Acts 19 of 1960 and 20 of 1971; to the C.P. Act 1 of 1937 and M.P. Act 8 of 1965; to Madras and Andhra by
Madras Acts 3 of 1935 and 17 of 1952; to Orissa by Orissa Act 3 of 1933; to the Punjab by Punjab Act 8 of 1941 and 19 of
1961; to Bihar by Bihar Acts 14 of 1947 and 24 of 1952; to Kerala by Kerala Act 7 of 1968; to Himachal Pradesh by H.P. Act
2 of 1969; to Pondicherry by Pondicherry Act 17 of 1970; to Uttar Pradesh by U.P. Acts 14 of 1971, 48 of 1975 and 57 of
1976; to Haryana by Haryana Act 36 of 1973; to Maharashtra by Maharashtra Acts 29 of 1974 and 49 of 1975; to Tamil Nadu
by T.N. Act 31 of 1974; to Orissa by Orissa Act 11 of 1976 and to West Bengal by West Ben. Act 17 of 1978.
This Act has been extended to—
Dadra and Nagar Haveli by Reg. 6 of 1963, s.2 and First Schedule, Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and
Schedule and the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s.3 and Schedule.
Pondicherry by Act 26 of 1968, s. 3 and Schedule.
2. The word “Indian” omitted by Act 45 of 1969, s. 2.
3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for sub-section (2).
4. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10-2019).
5. Subs. by A.O. 1950, for “a Native of India”.
6. The words and brackets “his cast (if any) and” omitted by Act 17 of 1956, s. 2.
4
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(5) “Endorsement” and “endorsed” include and apply to an entry in writing by a registering
officer on a rider or covering slip to any document tendered for registration under this Act;
(6) “Immovable Property” includes land, buildings, hereditary allowances, rights to ways, lights,
ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or
permanently fastened to anything which is attached to the earth, but not standing timber, growing
crops nor grass;
1[(6A) “India” means the territory of India excluding the State of Jammu and Kashmir;]
(7) “Lease” includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and an
agreement to lease;
(8) “Minor” means a person who, according to the personal law to which he is subject, has not
attained majority;
(9) “Movable Property” includes standing timber, growing crops and grass, fruit upon and juice
in trees, and property of every other description, except immovable property; and
(10) “Representative” includes the guardian of a minor and the committee or other legal curator
of a lunatic or idiot.
2* - - -
**STATE AMENDMENT**
**Uttarakhand**
**Amendment of section 2.—In the Registration Act, 1908 (hereinafter referred to as the Principal Act),**
(a) Clause (2) of section 2 shall be substituted as follows; namely:
"(2) ‘book’ includes a portion of a book and also any number of sheets connected together
with a view to forming a book, or portion of a book and also includes a book in electronic form;"
(b) after clause (10), the following clauses shall be inserted, namely:
"(10-A) 'true copy' includes a true Photostat copy;
(10-B) the words and expressions used herein and not defined but defined in the Information
Technology Act, 2000 shall have the meaning respectively assigned to them in that Act."
[Vide Uttarakhand Act 24 of 2014, s. 2]
**Uttar Pradesh**
**Amendment of section 2 .—In section 2 of the Registration Act, 1908, hereinafter referred to as the**
Principal Act, in clause (2),—
(a) for the words "or portion of a book", the words, "or portion of a book and also includes a book in
electronic form".]
(b) after clause (10), the following clauses shall be inserted, namely :—
“(10-A) ‘true copy’ includes a true photostat copy;
(10-B) the words and expressions used but not defined in this Act and defined in the Information
Technology Act, 2000, shall have the respective meaning assigned to them in that Act."
[Vide Uttar Pradesh Act 36 of 2001, s. 2]
1. Ins. by Act 3 of 1951, s. 3 and the Schedule.
2. Clause (11) omitted by Act 3 of 1951, s. 3 and Schedule. Earlier it was inserted by the A.O. 1950.
5
-----
PART II
OF THE REGISTRATION-ESTABLISHMENT
**3. Inspector-General of Registration.—(1) The** [1][State Government] shall appoint an officer to be
the Inspector-General of Registration for the territories subject to such Government:
[Provided that the [1][State Government] may, instead of making such appointment, direct that all or any](https://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=26508&iActID=850#f1)
of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised
and performed by such officer or officers, and within such local limits, as the [[1][State Government]](https://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=26508&iActID=850#f1)
appoints in this behalf.
(2) Any Inspector-General may hold simultaneously any other office under the [2][Government].
**STATE AMENDMENT**
**Uttarakhand**
**Amendment of section 3.—Sub-section (3) of section 3 of the Principal Act, shall be substituted as**
follows; namely:-
"(3) The State Government may appoint one or more Additional Inspector General of
Registration, Deputy Inspectors General of Registration and Assistant Inspector General of
Registration for the territories subject to such Government and may prescribe the duties of such
officers and authorize them to exercise and perform all or any of the powers and duties of the
Inspector General of Registration."
[Vide Uttarakhand Act 24 of 2014, s. 3]
**Uttar Pradesh**
**Amendment of section 3.—In section 3 of the principal Act, in sub-section (3), for the words, Additional**
Inspector-General of Registration and Deputy Inspector General of Registration”, the words, “Additional
Inspector-General of Registration, Deputy Inspector-General of Registration and Assistant InspectorGeneral of Registration” shall be substituted.
[Vide Uttar Pradesh Act 36 of 2001, s. 3]
**4.** [Branch Inspector-General of Sindh.]—Rep.by the Government of India (Adaptation of Indian
_Laws) Order, 1937._
**5. Districts and sub-districts.—(1) For the purposes of this Act, the [1][State Government] shall form**
districts and sub-districts, and shall prescribe, and may alter, the limits of such districts and sub-districts.
(2) The districts and sub-districts formed under this section, together with the limits thereof, and
every alternation of such limits, shall be notified in the [3][Official Gazette].
(3) Every such alternation shall take effect on such day after the date of the notification as is therein
mentioned.
**[6. Registrars and Sub-Registrars.—The [1][State Government] may appoint such persons, whether](https://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=26511&iActID=850#f1)**
public officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrars
of the several sub-districts, formed as aforesaid, respectively.
4* - - -
**STATE AMENDMENT**
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs., ibid., for “the Crown”.
4. Subs. by the A.O. 1937, for “Local Official Gazette”.
5. The proviso rep. by the A.O. 1937. Earlier it was inserted by Act 4 of 1914, s. 2 and the Schedule.
6
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**Karnataka**
**Amendment of section 6.-In section 6 of the Registration Act, 1908 (Central Act 16 of 1908) the**
following provisos inserted, namely:
"Provided that the State Government may also appoint one or more Sub-Registrars for the same
Sub-District:
Provided further that the State Government may delegate to the Inspector-General of
Registration, the power of appointing Sub-Registrars."
[Vide Karnataka Act 32 of 2001, s. 2]
**Uttar Pradesh**
**Amendment of section 6.—After section 6 of the Registration Act, 1908 as amended in its**
application in Uttar Pradesh, hereinafter referred to as the principal Act, the following section shall be
inserted, namely :—
**“6A. Additional Registrar.—The State Government may, by order, also appoint any public officer as an**
Additional Registrar, to assist the Registrar, or any two or more Registrars, specified in the order and may authorise
such Additional Registrars to exercise and perform all or any of the powers and duties of the Registrar under this
Act.”
[Vide Uttar Pradesh Act 27 of 1994, s. 2]
**7. Offices of Registrar and Sub-Registrar.—(1) The** [1][State Government] shall establish in every
district an office to be styled the office of the Registrar and in every sub-district an office or offices to be
styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars.
(2) The [1][State Government] may amalgamate with any office of a Registrar, any office of a
Sub-Registrar subordinate to such Registrar, and may authorise any Sub-Registrar whose office has been
so amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the
powers and the duties of the Registrar to whom he is subordinate:
Provided that no such authorisation shall enable a Sub-Registrar to hear an appeal against an order
passed by himself under this Act.
**8. Inspectors of Registration offices.—(1) The [1][State Government] may also appoint officers to be**
called Inspectors of Registrations offices, and may prescribe the duties of such officers.
(2) Every such Inspector shall be subordinate to the Inspector-General.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 8.--In section 8 of the Registration Act, 1908 (16 of 1908) (hereinafter**
referred to as the principal Act),—
(a) in sub-section (1), for the words “ Inspector of Registration Offices” the words “ Additional
Inspector –General of Registration, Joint Inspector-General of Registration and Deputy InspectorGeneral of Registration” shall be substituted; and
(b) in sub-section(2), for the words “Inspector”, the words “Additional Inspector-General, Joint
Inspector-General and Deputy Inspector-General” shall be substituted.
[Vide Orissa Act 8 of 2002, s. 2]
**Uttarakhand**
**Repealed of section 8.—Section 8 of the Principal act shall be repealed.**
[Vide Uttarakhand Act 24 of 2014, s. 4]
1. The proviso rep. by the A.O. 1937. Earlier it was inserted by Act 4 of 1914, s. 2 and the Schedule.
7
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**9.** [Military cantonments may be declared sub-districts or districts.] _Rep.by the Repealing and_
_Amending Act, 1927 (10 of 1927), s. 3 and Second Schedule.]_
**10. Absence of Registrar or vacancy in his office.—(1) When any Registrar, other than the**
Registrar of a district including a Presidency-town, is absent otherwise than on duty in his district, or
when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf, or,
in default of such appointment, the Judge of the District Court within the local limits of whose
jurisdiction the Registrar’s office is situate, shall be the Registrar during such absence or until the [1][State
Government] fills up the vacancy.
(2) When the Registrar of a district including a Presidency-town is absent otherwise than on duty in
his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in
this behalf shall be the Registrar during such absence, or until the [2][State Government] fills up the
vacancy.
**11. Absence of Registrar on duty in his district.—When any Registrar is absent from his office on**
duty in his district, he may appoint any Sub-Registrar or other person in his district to perform, during
such absence, all the duties of a Registrar except those mentioned in sections 68 and 72.
**12. Absence of Sub-Registrar or vacancy in his office.—When any Sub-Registrar is absent, or**
when his office is temporarily vacant, any person whom the Registrar of the district appoints in this
behalf shall be Sub-Registrar during such absence, or until [2][the vacancy is filled up].
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 12.-In section 12, after the word "whom" the words "the Inspector-General of**
Registration or" shall be inserted.]
[Vide Karnataka Act 32 of 2001, s. 3]
**Uttarakhand**
**Amendment of section 12.—Section 12 of the Principal Act, shall be substituted as follows; namely:--**
“12. When any Sub-Registrar is absent, or when his office is temporarily vacant, any person, whom
the Inspector-General of Registration appoints in this behalf, shall be Sub-Registrar during such
absence or until the vacancy is filled up."
[Vide Maharashtra Act 24 of 2014, s. 5]
**13. Report to State Government of appointments under sections 10, 11 and 12.—(1)** [3]*** All
appointments made under section 10, section 11 or section 12 shall be reported to the [4][State
Government] by the Inspector-General.
(2) Such report shall be either special or general, as the [2][State Government] directs.
5* - - -
**14. Establishments of registering officers.—[6]*****
(2) The [2][State Government] may allow proper establishments for the several offices under this Act.
**15. Seal of registering officers.—The several Registrars and Sub-Registrars shall use a seal bearing**
the following inscription in English and in such other language as the [2][State Government] directs:—“The
seal of the Registrar (or of the Sub-Registrar) of”.
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by Act 4 of 1914, s. 2 and the Schedule, for “the Local Government fills up the vacancy”.
3. The words and figure “All appointments made by the Inspector-General under section 6 and” rep. by the A.O. 1937.Earlier
these words and figure were ins. by Act 4 of 1914, s. 2 and the Schedule.
4. Subs. by the A.O. 1950, for “Provincial Government”.
5. Sub-section (3) rep. by the A.O. 1937.
6. Sub-section (1) rep., ibid.
8
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**16. Register-books and fire-proof boxes.—(1) The [1][State Government] shall provide for the office**
of every registering officer the books necessary for the purposes of this Act.
(2) The books so provided shall contain the forms from time to time prescribed by the Inspector
General, with the sanction of the [1][State Government], and the pages of such books shall be consecutively
numbered in print, and the number of pages in each book shall be certified on the title-page by the officer
by whom such books are issued.
(3) The [1][State Government] shall supply the office of every Registrar with a fire-proof box, and shall
in each district make suitable provision for the safe custody of the records connected with the registration
of documents in such district.
2[16A. Keeping of books in computer floppies, diskettes, etc.—(1) Notwithstanding anything
contained in section 16, the books provided under sub-section (1) of that section may also be kept in
computer floppies or diskettes or in any other electronic form in the manner and subject to the safeguards
as may be prescribed by the Inspector-General with the sanction of the State Government.
(2) Notwithstanding anything contained in this Act or in any other law for the time being in force, a
copy or extracts from the books kept under sub-section (1) given by the registering officer under his hand
and seal shall be deemed to be a copy given under section 57 for the purposes of sub-section (5) of that
section.]
PART III
OF REGISTRABLE DOCUMENTS
**17. Documents of which registration is compulsory.—(1) The following documents shall**
be registered, if the property to which they relate is situate in a district in which, and if they have been
executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the
Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force,
namely:—
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit
or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent,
of the value of one hundred rupees and upwards, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration
on account of the creation, declaration, assignment, limitation or extinction of any such right, title or
interest; and
(d) leases of immovable property from year to year, or for any term exceeding one year, or
reserving a yearly rent;
3[(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any
award when such decree or order or award purports or operates to create, declare, assign, limit or
extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of
the value of one hundred rupees and upwards, to or in immovable property:]
Provided that the [4][State Government] may, by order published in the [5][Official Gazette], exempt
from the operation of this sub-section any lease executed in any district, or part of a district, the terms
granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty
rupees.
1. Subs. by Act 4 of 1914, s. 2 and the Schedule, for “the Local Government fills up the vacancy”.
2. Ins. by Act 48 of 2001, s. 2 (w.e.f. 24-9-2001).
3. Ins. by Act 21 of 1929, s. 10.
4. Subs. by the A.O. 1950, for “Provincial Government”.
5. Subs. by the A.O. 1937, for “Local Official Gazette”.
9
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1[(1A) The documents containing contracts to transfer for consideration, any immovable property for
the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they
have been executed on or after the commencement of the Registration and Other Related laws
(Amendment) Act, 2001 (48 of 2001) and if such documents are not registered on or after such
commencement, then, they shall have no effect for the purposes of the said section 53A.]
(2) Nothing in clauses (b) and (c) of sub-section (1) applies to—
(i) any composition deed; or
(ii) any instrument relating to shares in a joint stock Company, notwithstanding that the assets
of such Company consist in whole or in part of immovable property; or
(iii) any debenture issued by any such Company and not creating, declaring, assigning,
limiting or extinguishing any right, title or interest, to or in immovable property except in so far
as it entitles the holder to the security afforded by a registered instrument whereby the Company
has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or
any interest therein to trustees upon trust for the benefit of the holders of such debentures; or
(iv) any endorsement upon or transfer of any debenture issued by any such Company; or
(v) [2][any document other than the documents specified in sub-section (1A)] not itself creating,
declaring, assigning, limiting or extinguishing any right, title or interest of the value of one
hundred rupees and upwards to or in immovable property, but merely creating a right to obtain
another document which will, when executed, create, declare, assign, limit or extinguish any such
right, title or interest; or
(vi) any decree or order of a Court [3][except a decree or order expressed to be made on a
compromise and comprising immovable property other than that which is the subject-matter of
the suit or proceeding]; or
(vii) any grant of immovable property by [4][Government]; or
(viii) any instrument of partition made by a Revenue-Officer; or
(ix) any order granting a loan or instrument of collateral security granted under the Land
Improvement Act, 1871 (26 of 1871), or the Land Improvement Loans Act, 1883 (19 of 1883); or
(x) any order granting a loan under the Agriculturists, Loans Act, 1884 (12 of 1884), or
instrument for securing the repayment of a loan made under that Act; or
5[(xa) any order made under the Charitable Endowments Act, 1890 (6 of 1890), vesting any
property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any
property; or]
(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any
part of the mortgage-money, and any other receipt for payment of money due under a mortgage
when the receipt does not purport to extinguish the mortgage; or
(xii) any certificate of sale granted to the purchaser of any property sold by public auction by
a Civil or Revenue-Officer.
6[Explanation.—A document purporting or operating to effect a contract for the sale of immovable
property shall not be deemed to require or ever to have required registration by reason only of the fact that
such document contains a recital of the payment of any earnest money or of the whole or any part of the
purchase money.]
1. Ins. by Act 48 of 2001, s. 3 (w.e.f. 24-9-2001).
2. Subs. by Act 48 of 2001, s. 3, for “any document” (w.e.f. 24-9-2001).
3. Subs. by Act 21 of 1929, s. 10, for “and any award”.
4. Subs. by the A.O. 1950, for “Crown”.
5. Ins. by Act 39 of 1948, s. 2.
6. Ins by Act 2 of 1927, s. 2.
10
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(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a
will, shall also be registered.
**STATE AMENDMENT**
**Kerala**
**Amendment of section 17. –In section 17 of the Registration Act, 1908 (Central Act 16 of 1908)**
(hereinafter referred to as the principal Act),—
(i) in sub-section (1), after clause (e), the following clauses shall be inserted, namely:—
“(f) Instruments purporting or operating to effect a contract for the sale of immovable property
of the value of one hundred rupees and upwards;
(g) Power of attorney creating any power or right of management, administration, development,
transfer or any other transaction relating to immovable property of the value of one hundred rupees
and upwards other than those executed in favour of father, mother, wife, husband, son, adopted son,
daughter, adopted daughter, brother, sister, son-in-law or daughter-in-law of the executant.";
(ii) in sub-section (2), the Explanation shall be omitted.
[Vide Kerala Act 31 of 2013, s. 2]
**Kerala**
**Amendment of section 17.--In sub-section (2) of section 17 of the Indian Registration Act, 1908**
(Central Act 16 of 1908) (hereinafter referred to as the principal Act), clause (ix) and (x) shall be omitted.
[Vide kerala Act 7 of 1968, s. 2]
**Orissa**
**Amendment of section 17.--In section 17 of the principal Act, in sub-section (1), after clause (e), the**
following clauses shall be inserted before the proviso, namely:—
“(f) agreement to sell immovable property possession whereof has been or is handed over to the
purported purchaser;
(g) power of-attorney relating to transfer of immovable property possession whereof has been or
is handed over to the purported attorney holder.”
[Vide Orissa Act 8 of 2002, s. 3]
**Rajasthan**
**Amendment of section 17, Central Act XVI of 1908.—In sub-section (2) of section 17 of the**
Registration Act, 1908 (Central Act XVI of 1908), in its application to the State of Rajasthan, hereinafter
referred to as the principal Act
(a) for the full-stop at the end of clause (xii) a comma and the word ",or" shall be substituted; and
(b) after clause (xii) as so amended, the following clause shall be added. namely :
"(xiii) any instrument referred to in sub-section (5) of section 89."
[Vide Rajasthan Act 16 of 1976, s. 2]
**Amendment of section 17, Central Act 16 of 1908.--In section 17 of the Registration Act, 1908**
(Central Act 16 of 1908), in its application to the State of Rajasthan, hereinafter referred to as the
principal Act,
(a) in sub-section (1), after clause (e), and before the proviso, the following clauses shall be
added, namely:
11
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"(f) agreement to sell immovable property possession where of has been or is handed over
to the purported purchaser;
(g) irrevocable power of attorney relating to transfer of immovable property in any
way;";and
(b) in sub-section (2), the existing Explanation shall be omitted.
[Vide Rajasthan Act 18 of 1989, s. 2]
**Gujarat**
**Amendment of section 17 of XVI of 1908.—In the Registration Act, 1908, in its application to the State**
of Gujarat (hereinafter referred to as “the principal Act”), in section 17,-
(i) in sub-section (1),-
(a) for clause (f), the following clause shall be substituted, namely:-
“(f) power of attorney intending to administer, manage and/or alienate immovable
property in any manner, executed on or after the commencement of the Registration (Gujarat
Amendment) Act, 2016(Guj.16 of 2016);”:
(b) after clause (j), the following clause shall be added, namely:-
“(k) sale certificate issued by any competent officer or authority under any central Act or
State Act for the time being in force.”;
(ii) in sub-section (2), clause (xii) shall be deleted.
[Vide Gujarat Act 4 of 2020, s. 2]
**18. Documents of which registration is optional.—Any of the following documents may be**
registered under this Act, namely:—
[(a) Instruments (other than instruments of gift and wills) which purport or operate to create,](javascript:fnOpenCrossLink('41');)
[declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether](javascript:fnOpenCrossLink('47');)
[vested or contingent, of a value less then one hundred rupees, to or in immovable property;](javascript:fnOpenCrossLink('46');)
(b) instruments acknowledging the receipt or payment of any consideration on account of the
creation, declaration, assignment, limitation or extinction of any such right, title or interest;
[(c) leases of immovable property for any term not exceeding one year, and leases exempted under](javascript:fnOpenCrossLink('51');)
section 17;
1[(cc) instruments transferring or assigning any decree or order of a Court or any award when
such decree or order or award purports or operates to create, declare, assign, limit or extinguish,
whether in present or in future, any right, title or interest, whether vested or contingent, of a value less
than one hundred rupees, to or in immovable property;]
(d) instruments (other than wills) which purport or operate to create, declare, assign, limit or
extinguish any right, title or interest to or in movable property;
(e) wills; and
[(f) all other documents not required by section 17 to be registered.](javascript:fnOpenCrossLink('52');)
**STATE AMENDMENT**
**Himachal Pradesh**
**3. Insertion of new section 18A.-** In the Indian Registration Act, 1908 (16 of 1908) (hereinafter
referred to as the principal Act), after section 18, the following section shall be inserted, namely;
1. Ins. by Act 33 of 1940, s. 2.
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**“18-A. Documents for registration to be accompanied by a true copy.-** Notwithstanding
anything contained in this Act, the registering officer shall refuse to register any document presented
to him for registration unless such document is accompanied by a true copy thereof.”
[Vide Himachal Pradesh Act 2 of 1969, s. 3]
**Tripura**
**Insertion of new section 18A.—In the Registration Act, 1908 (hereinafter referred to as the**
principal Act), after section 18, the following section shall be inserted, namely:
**18A. Document for Registration to be accompanied by a true copy.—(1) Notwithstanding**
anything contained in the Act, the Registering Officer shall refuse to register any document presented
to him for registration unless such document is accompanied by a true copy thereof.
(2) The true copy referred to in Sub-section (1) shall be neatly hand-written or printed or type
written or lithographed or otherwise prepared in such manner as may be prescribed.
[Vide Tripura Act 7 of 1982, s. 2]
**Uttar Pradesh**
**Insertion of a new section 18-A in Act XVI of 1908.—In the Registration Act, 1908 (hereinafter**
referred to as the principal Act), after section 18, the following section shall be inserted, namely :—
**18A. Documents for registration to be accompanied by a true copy thereof.—(1) The Registering**
Officer shall refuse to register any document presented to him for registration unless such document is
accompanied by a true copy thereof, and in the case of a document referred to in section 19, also by a true
copy of the translation referred to therein.
(2) A copy referred to in sub-section (1) shall not be a carbon copy, and shall be neatly handwritten,
printed or type written, or be a cyclostyled copy of type-written matter, on only one side of the paper, and
shall be prepared in accordance with such rules, if any, as may be made in that behalf, and shall contain a
declaration in the prescribed manner that the same is a true copy of the document or of the translation, as
the case may be."]
[Vide Uttar Pradesh Act 14 of 1971, s. 2]
**19. Documents in language not understood by registering officer.—If any document duly**
presented for registration be in a language which the registering officer does not understand, and which is
not commonly used in the district, he shall refuse to register the documents, unless it be accompanied by a
true translation into a language commonly used in the district and also by a true copy.
**STATE AMENDMENT**
**Karnataka**
**Insertion of new section 19A.—After section 19 of the Registration Act, 1908 (Central Act 16 of**
1908) (hereinafter referred to as the principal Act), the following section shall be inserted namely:-
“19A. Documents presented for registration to be accompanied by true copies thereof.--(1)
No document shall be accepted for registration unless it is accompanied by a true copy thereof.
(2) The true copy referred to in sub-section (1) shall be neatly handwritten, printed, typewritten,
lithographed or otherwise prepared in accordance with such rules may be made in this matter."
[Vide Karnataka Act 55 of 1976, s. 4]
**Tripura**
**Amendment of Section 19.-In section 19 of the principal Act, for the words “a true translation”**
the words “two copies of the true translation” shall be substituted.
[Vide Tripura Act 7 of 1982, s. 3]
13
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**Kerala**
**Amendment of section 19.-In section 19 of the principal Act, the words “and also by a true copy”**
shall be omitted.
[Vide kerala Act 7 of 1968, s. 3]
**Insertion of new section 19A.-After section 19 of the principal Act, the following section shall be**
inserted, namely:
“19A. Documents presented for registration to be accompanied by true copies thereof.-(1)
No documents shall be accepted for registration unless it is accompanied by a true copy thereof.
(2) The true copy referred to in sub-section (1) shall be neatly handwritten, printed, typewritten,
lithographed or otherwise, prepared in accordance with such rules as may be made in this behalf.”
[Vide kerala Act 7 of 1968, s. 4]
**Himachal Pradesh**
**Amendment of section 19.- In section 19 of the principal Act, for the words "a true translation",**
the words "two copies of the true translation" shall be substituted.
[Vide Himachal Pradesh Act 2 of 1969, s. 4]
**Orissa**
**Amendment of section 19.— In the Registration Act, 1908 (16 of 1908) (hereinafter referred to as**
the principal act), in section 19, the words “ and also by a true copy” shall be omitted.
[Vide Orissa Act 14 of 1989, s. 2]
**Insertion of new section 19-A.—In the principal Act, after section 19, the following section shall be**
inserted, namely:—
“19-A. Documents Presented for registration on to accompany true copies thereof.—(1) No
document shall be accepted for registration, unless it is accompanied by a true copy thereof.
(2) The true copy referred to in sub-section (1) shall be legibly handwritten, printed, type-written,
lithographed, cyclostyled or otherwise prepared only on one side of the paper and in accordance with such
rules as may be made in this behalf by the State Government and shall contain a declaration in the
prescribed manner that the same is true copy of the document and its translation, if any.”.
[Vide Orissa Act 14 of 1989, s. 3]
**Orissa**
**Amendment of section 19-A.—In Sub-section (2), for the words "otherwise prepared", the words**
"otherwise legibly prepared" shall be substituted.
[Vide Orissa Act 8 of 2002, s. 4]
**20. Documents containing interlineations, blanks, erasures or alterations.—(1) The registering**
officer may in his discretion refuse to accept for registration any document in which any interlineation,
blank, erasure or alteration appears, unless the persons executing the document attest with their signatures
or initials such interlineation, blank, erasure or alteration.
(2) If the registering officer registers any such document, he shall, at the time of registering the same,
make a note in the register of such interlineation, blank, erasure or alteration.
**21. Description of property and maps or plans.—(1) No non-testamentary document relating to**
immovable property shall be accepted for registration unless it contains a description of such property
sufficient to identify the same.
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(2) Houses in towns shall be described as situate on the north or other side of the street or road (which
should be specified) to which they front, and by their existing and former occupancies, and by their
numbers if the houses in such street or road are numbered.
(3) Other houses and lands shall be described by their name, if any, and as being in the territorial
division in which they are situate, and by their superficial contents, the roads and other properties on
which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a
Government map or survey.
(4) No non-testamentary document containing a map or plan of any property comprised therein shall
be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such
property is situate in several districts, by such number of true copies of the map or plan as are equal to the
number of such districts.
**STATE AMENDMENT**
**Assam**
**Insertion of new Section 21A.- In the principal Act, after the existing section 21, the following new**
section 21A shall be inserted, namely:—
“21A. No registration of non-testamentary instruments without no objection certificate.—
Notwithstanding anything contained in any other provision of this Act, no non-testamentary
instrument relating to immovable property shall be accepted for registration, unless the Deputy
Commissioner of the concerned district issues a No Objection Certificate containing the description
of such immovable property to be transferred and also such other No objection Certificates, which are
required to be issued by the Deputy Commissioner or any other Authority under any law for the time
being in force or under any Executive Instruction, Order, etc., issued by the State Government from
time-to-time:
Provided that all such No Objection Certificates shall be issued within a period of thirty days
from the date of the receipt of application and in case No Objection Certificate is not issued within
the stipulated period of thirty days, a speaking order with reasons thereof shall be issued to the
applicant within the said stipulated period.”
[Vide Assam Act 29 of 2009, s. 2]
**Uttarkhand**
**Amendment of section 21.—In placed of sub-section (1) of section 21 of the Principal act, shall be**
substituted as follows; namely:-
"(1) No non-testamentary document relating to immovable property shall be accepted for
registration unless,
(a) it contains a description of such property sufficient to identify the same; and
(b) It is accompanied also, where the property is agricultural land, by a map or plan, not
necessarily on scale, showing all properties with full description in the radius of two hundred
meters of that agricultural land.".
[Vide Uttarakhand Act 24 of 2014, s. 6]
**22. Description of houses and land by reference to Government maps or surveys.—(1) Where it**
is, in the opinion of the [1][State Government], practicable to describe houses, not being houses in towns,
and lands by reference to a Government map or survey, the[1][State Government] may, by rule made under
this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so
described.
(2) Save as otherwise provided by any rule made under sub-section (1), failure to comply with the
provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to
be registered if the description of the property to which it relates is sufficient to identify that property.
1. Subs. by the A.O. 1950, for “Provincial Government”.
15
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**STATE AMENDMENT**
**Karnataka**
**Insertion of new section 22A.—After section 22 of the principal Act, the following section shall be**
inserted namely:-
"22A. Documents registration of which is opposed to public policy.—(1) The State
Government may, by notification, in the official Gazette, declare that the registration of any
document or class of documents is opposed to public policy.
(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register
any document to which a notification issued under sub-section (1) is applicable."
[Vide Karnataka Act 55 of 1976, s. 5]
**Orissa**
**Insertion of new section 22-A. –After section 22 of the principal Act, the following section shall be**
inserted, namely:—
“22-A. Document of section 17.--(1) The State Government may, by notification, declare that the
registration of any document or class of documents is opposed to public policy.
(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register
a document to which a notification issued under sub-section (1) is applicable.”
[Vide Orissa Act 8 of 2002, s. 5]
**Orissa**
**Amendment of section 22-A.--** In the Registration Act, 1908 (16 of 1908), for section 22-A, the
following section shall be substituted, namely:—
**“22-A. Refusal to register certain documents.--(1) The registering officer shall refuse to register,—**
(a) any instrument relating to the transfer of immovable properties by way of sale, gift, mortgage,
exchange or lease,—
(i) belonging to the State Government, or the Local Authority;
(ii) belonging to any religious institution to which the Odisha Hindu Religious Endowment
Act, 1951 (Odisha Act 2 of 1952) is applicable.
(iii) belonging to or recorded in the name of Lord Jagannath, Puri;
(iv) donated for Bhoodan Yagna and vested in the Odisha Bhoodan Yagna Samiti established
under section 3 of the Odisha Bhoodan and Gramdan Act, 1970 (Odisha Act 2 of 1971);
(v) belonging to Wakfs which are under the supervision of Odisha Wakf Board established
under the Wakf Act, 1995 (43 of 1995); unless a sanction in this regard, issued by the competent
authority as provided under the relevant Act or in absence of any such authority, and authority so
authorized by the State Government for this purpose, is produced before the registering officer;
_Explanation.—For the purpose of this section Local Authority means any Municipal Corporation,_
Municipality, Notified Area Council, Zilla Parisad, Grama Panchayat, Urban Development Authority and
Planning Authority or any Local Self Government constituted under any law for the time being in force.
(b) The instrument relating to cancellation of sale deeds without the consent of the person claiming under
the said sale deed; and
(c) Any instrument relating to transfer of immovable property, the alienation or transfer of which
is prohibited under any State or the Central Act.
(2) Notwithstanding anything contained in this Act, the registering officer shall not register any
document presented to him for registration unless the transferor produce the record of rights for the
16
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satisfaction of the registering officer that such transferor has right, title and interest over the property so
transferred.
_Explanation.—For the purpose of this sub-section ‘record-of-rights’ means the record of rights as_
defined under the Odisha Survey and Settlement Act, 1958 (Odisha Act 3 of 1959).”
[Vide Orissa Act 1 of 2014, s. 2]
**Rajasthan**
**Insertion of section 22-A in Central Act XVI of 1908.— After section 22 of the principal Act, the**
following section shall be inserted, namely:
"22-A. Documents registration of which is opposed to public policy.-(1) The State Government
may, by notification in the Official Gazette, declare that the registration of any document or class of
documents is opposed to public policy.
(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register a document
to which a notification issued under sub-section (1) is applicable."
[Vide Rajasthan Act 16 of 1976, s. 3]
PART IV
OF THE TIME OF PRESENTATION
**23. Time for presenting documents.—Subject to the provisions contained in sections 24, 25 and 26, no**
document other than a will shall be accepted for registration unless presented for that purpose to the proper officer
within four months from the date of its execution:
Provided that a copy a of a decree or order may be presented within four months from the day on which the
decree or order was made, or, where it is appealable, within four months from the day on which it becomes final.
1[23A. Re-registration of certain documents.—Notwithstanding anything to the contrary contained in this
Act, if in any case a document requiring registration has been accepted for registration by a Registrar or SubRegistrar from a person not duly empowered to present the same, and has been registered, any person claiming
under such document may, within four months form his first becoming aware that the registration of such document
is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for
re-registration in the office of the Registrar of the district in which the document was originally registered; and upon
the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered
to present the same, he shall proceed to the re-registration of the document as if it has not been previously registered,
and as if such presentation for re-registration was a presentation for registration made within the time allowed
therefore under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to such reregistration; and such document, if duly re-registered in accordance with the provisions of this section, shall be
deemed to have been duly registered for all purposes from the date of its original registration:
Provided that, within three months from the twelfth day of September, 1917, any person claiming under
a document to which this section applies may present the same or cause the same to be presented for reregistration in accordance with this section, whatever may have been the time when he first became aware
that the registration of the document was invalid.
**24. Documents executed by several persons at different times.—Where there are several persons executing a**
document at different times, such document may be presented for registration and re-registration within four months
from the date of each execution.
**25. Provision where delay in presentation is unavoidable.—(1) If, owing to urgent necessity or unavoidable**
accident, any document executed, or copy of a decree or order made, in [2][India] is not presented for registration till
after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in
presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount
of the proper registration-fee, such document shall be accepted for registration.
(2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith forward it to the
Registrar to whom he is subordinate.
1. Ins. by Act 15 of 1917, s. 2.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the State”.
17
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**STATE AMENDMENT**
**Rajasthan**
**Amendment of section 25, Central Act 16 of 1908.- In section 25 of the principal Act,—**
(a) in sub-section (1), for the word "Registrar" the words "Registering Officer", for the words "direct
that", the words "register the document" and for the expression ",such document shall be accepted for
registration", the words "on such document" shall be substituted; and
(b) sub-section (2) shall be omitted.
[Vide Rajasthan Act 18 of 1989, s. 3]
**26. Documents executed out of India.—When a document purporting to have been executed by all or any of**
the parties out of [2][India] is not presented for registration till after the expiration of the time hereinbefore prescribed
in that behalf, the registering officer, if satisfied—
(a) that the instrument was so executed, and
(b) that it has been presented for registration within four months after its arrival in [2][India],
may, on payment of the proper registration-fee accept such document for registration.
**27. Wills may be presented or deposited at any time.—A will may at any time be presented for**
registration or deposited in manner hereinafter provided.
PART V
OF THE PLACE OF REGISTRATION
**28. Place for registering documents relating to land.—Save as in this Part otherwise provided,**
every document mentioned in section 17, sub-section (1), clauses (a), (b), (c) [1][, (d) and (e), section 17,
sub-section (2), insofar as such document affects immovable property,] and section 18, clauses (a),
(b) [2][(c) and (cc),] shall be presented for registration in the office of a Sub-Registrar within whose subdistrict the whole or some portion of the property to which such document relates is situate.
**STATE AMENDMENT**
**Orissa**
**Amendment of section 28.—In section 28 of the principal Act,—**
(i) for the word, brackets and letter “ and (e)”, the commas, brackets, letters and word, “(e), (f)
and (g)” shall be substituted; and
(ii) the words “ or some portion” shall be omitted.
[Vide Orissa Act 8 of 2002, s. 6]
**Rajasthan**
**Amendment of section 30, Central Act 16 of 1908.-In section 30 of the principal Act, the**
brackets and figure "(l)" and sub-section (2) shall be omitted.
[Vide Rajasthan Act 18 of 1989, s. 4]
**Uttar Pradesh**
**Amendment of section 28.—In section 28 of the Principal Act,—**
(a) The words "or some portion" shall be omitted.
(b) The following proviso to be inserted, namely:-
"Provided that the document of award, exchange, gift, mortgage, partition, settlement and trust insofar
as such document affects immovable property shall be presented for registration in the office of a SubRegistrar within whose sub-district the whole or major portion or half-portion of the property to which
such document relates is situate."
[Vide Uttar Pradesh Act 27 of 1994, s. 3]
1. Subs. by Act 33 of 1940, s. 3, for “and (d)”.
2. Subs. by Act 33 of 1940, s. 3, for “and (c)”.
18
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**29. Place for registering other documents.—(1) Every document [1][not being a document referred to**
in section 28 or a copy of a decree or order], may be presented for registration either in the office of the
Sub-Registrar in whose sub-district the document was executed, or in the office of any other SubRegistrar under the [2][State Government] at which all the persons executing and claiming under the
document desire the same to be registered.
(2) A copy of a decree or order may be presented for registration in the office of the Sub-Registrar in
whose sub-district the original decree or order was made, or, where the decree or order does not affect
immovable property, in the office of any other Sub-Registrar under the [1][State Government] at which all
the persons claiming under the decree or order desire the copy to be registered.
**30. Registration by Registrars in certain cases.—(1) Any Registrar may in his discretion receive**
and register any document which might be registered by any Sub-Registrar subordinate to him.
3* - - -
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 30.--In Section 30 of the Registration Act, 1908 (Central Amendment 16 of**
1908) (hereinafter referred to as the principal Act), the brackets and figure "(1)" and 'sub-section (2)' shall
be omitted.]
[Vide Karnataka Act 24 of 1989, s. 2]
**Orissa**
**Amendment of section 30.—In the Registration Act, 1908 (16 of 1908) (hereinafter referred to as the**
principal Act), in section 30, sub-section (2) shall be omitted.
[Vide Orissa Act 19 of 1991, s. 2]
**Haryana**
**Amendment of section 30 of Central Act 16 of 1908.—Sub-section (2) of section 30 of the Registration**
Act, 1908 (hereinafter referred to as the principal Act), shall be omitted.
[Vide Haryana Act 4 of 1997, s. 2]
**Uttar Pradesh**
**Amendment of section 30.—In section 30 of the principal Act sub-section (2)**
[Vide Uttar Pradesh Act 27 of 1994, s. 4]
**31. Registration or acceptance for deposit at private residence.—In ordinary cases the registration or deposit**
of documents under this Act shall be made only at the office of the officer authorised to accept the same for
registration or deposit:
Provided that such officer may on special cause being shown attend at the residence of any person desiring to
present a document for registration or to deposit a will, and accept for registration or deposit such document or will.
PART VI
OF PRESENTING DOCUMENTS FOR REGISTRATION
**32. Persons to present documents for registration.—Except in the cases mentioned in [4][sections 31, 88 and**
89], every document to be registered under this Act, whether such registration be compulsory or optional, shall be
presented at the proper registration-office,—
(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order,
claiming under the decree or order, or
1. Subs. by Act 32 of 1940, s. 3 and the first Schedule, for certain words.
2. Subs. by the A.O. 1950, for “Provincial Government”.
3. Sub-section (2) omitted by Act 48 of 2001, s. 4 (w.e.f. 24-9-2001).
4. Subs. by Act 39 of 1948, s. 3, for “section 31 and section 89”.
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(b) by the representative or assign of such person, or
(c) by the agent of such person, representative or assign, duly authorised by power-of
attorney executed and authenticated in manner hereinafter mentioned.
**STATE AMENDMENT**
**Gujarat**
**Amendment of section 32 of XVI of 1908.—In the principal Act, in section 32, the following**
Explanation shall be added at the end, namely:-
“Explanation.—For the purpose of this section the term “document” shall include the document
presented by an electronic means.”
[Vide Gujarat Act 4 of 2020, s. 3]
1[32A. Compulsory affixing of photograph, etc.—Every person presenting any document at the
proper registration office under section 32 shall affix his passport size photograph and fingerprints to the
document:
Provided that where such document relates to the transfer of ownership of immovable property, the
passport size photograph and fingerprints of each buyer and seller of such property mentioned in the
document shall also be affixed to the document.]
**STATE AMENDMENT**
**Uttarakhand**
**Amendment of section 32-A.—In section 32-A of the Principal act,--**
(1) in sub-section (1)
(i) the words, "in such areas as may be notified by the State Government," shall be omitted;
(ii) the word photostat" wherever occurring including heading, shall be omitted;
(2) in sub-section (2)
(i) for the words "photostat copy" the words "true copy" shall be substituted;
(ii) for clauses (b) and (c), the following clause shall be inserted, namely:
"(b) be compared and verified by such official as may be directed by the Registering Officer."
(3) Sub-section (3) shall be omitted.
[Vide Uttarakhand Act 24 of 2014, s.7]
**Repealed at section 32-B.—Section 32-B of the Principal Act shall be repealed.**
[Vide Uttarkhand Act 24 of 2014, s. 8]
**Uttar Pradesh**
**Amendment of section 30.—In section 30 of the principal Act sub-section (2) shall be omitted.**
**Insertion of new section 32-B.—After section 32-A of the principal Act, the following section shall**
be inserted, namely—
**32-B. Lamination of true copies.—(1) Notwithstanding anything contained in this Act, in such areas**
as may be notified by the State Government, every document and the translation of the document referred
to in section 19, presented for registration shall be accompanied by a true copy thereof ;
(2) The copy referred to in sub-section (1) shall—
(a) not be a carbon copy ;
1. Ins. by Act 48 of 2001, s. 5 (w.e.f. 24-9-2001).
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(b) be neatly and legibly printed, lithographed, typewritten or otherwise prepared on only one
side of the paper of such specification as may be notified by the State Government ;
(c) contain a declaration in the manner prescribed by rules under section 69 that the same is a true
copy of the document or the translation, as the case may be.
(3) The registering officer shall refuse to register any document presented to him for registration
unless such document is accompanied by a true copy thereof as provided in sub-section (1).
(4) The copy shall-
(a) be compared and verified by such official as may be directed by registering officer;
(b) be separately laminated, bound and permanently kept in such manner as may be prescribed by
rules under section 69.
(5) In such areas as have been notified under sub-section (1), the provisions of section 32A shall
cease to apply:
Provided that a Photostat copy filed before notification under sub-section (1) is issued and not copied
in the appropriate book shall be deemed to be a true copy for the purposes of this section and shall be
laminated in accordance with the procedure laid down in this section:
Provided further that if the Photostat copy already filed is dim or has otherwise become illegible, the
registering officer shall, with the prior approval of the registrar, require the party concerned to deliver the
document to him for getting its copy prepared for lamination, and if the party concerned informs him that
the document has been lost or destroyed, the photostat copy available in the registering office shall be
copied in the appropriate book.
(6) Where the provisions of this section apply, the sections mentioned below shall be deemed to be
modified as follows:-
(a) in section 52, in sub-section (1),-
(i) in clause (a), after the words "every such document" the words "alongwith the true copy
thereof" shall be inserted;
(ii) for clause (c), the following clause shall be substituted, namely:-
"(c) subject to the provisions contained in section 62, every true copy shall, without
unnecessary delay be verified from the document admitted to registration, be laminated and
placed in the proper book for being bound and kept permanently in the book appropriate for the
document admitted to registration according to the order of its admission."
(b) in section 55, after sub-section (6), the following sub-section shall be inserted, namely, —
"(7) The indexes prepared under this section shall be laminated and bound in such manner as may be
prescribed by rules under section 69."
(c) in section 58, in sub-section (1), after the words "admitted to registration" the words "and true
copy thereof" shall be inserted;
(d) in section 60, in sub-section (1), for the words "the document has been copied" the words "the
laminated true copy thereof has been bound and kept" shall be substituted;
(e) in section 62, in sub-section (1), for the words "the translation shall be transcribed" the words
"the true copy of the translation shall be laminated, bound and kept shall be substituted;
(f) in section 69, after clause (hh-2), the following clauses shall be inserted, namely-
21
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"(hh3) regulating the manner in which the true copy of the document and of the translation
under section 19 shall be prepared and the form of declaration required under sub-section (2) of
section 32B;
(hh4) regulating the manner and procedure for lamination of true copies, the books in which
they shall be kept for record, keeping such records and preservation thereof, grant of licence for
lamination and matters connected therewith including the rate of fees for laminating the copies,
and seating arrangement for the licensees."
[Vide Uttar Pradesh Act 27 of 1994, s. 5]
**33. Power-of-attorney recognisable for purposes of section 32.—(1) For the purposes of section**
32, the following powers-of-attorney shall alone be recognized, namely:—
(a) if the principal at the time of executing the power-of-attorney resides in any part of [1][India] in
which this Act is for the time being in force, a power-of-attorney executed before and authenticated
by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
(b) if the principal at the time aforesaid [2][resides in any part of India in which this Act is not in
force], a power-of-attorney executed before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in [3][India], a power-of-attorney executed
before and authenticated by a Notary Public, or any Court, Judge, Magistrate, [4][Indian] Consul or
Vice-Consul, or representative [5]*** of the Central Government:
Provided that the following persons shall not be required to attend at any registration-office or Court
for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this
section, namely:—
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so
to attend;
(ii) persons who are in jail under civil or criminal process; and
(iii) persons exempt by law from personal appearance in Court.
6[Explanation.—In this sub-section “India” means India, as defined in clause (28) of section 3 of the
General Clauses Act, 1897 (10 of 1897).]
(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be,
if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the
principal, may attest the same without requiring his personal attendance at the office or Court aforesaid.
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or
Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in
which he is confined, and examine him, or issue a commission for his examination.
(4) Any power-of-attorney mentioned in this section may be proved by the production of it without
further proof when it purports on the face of it to have been executed before and authenticated by the
person or Court hereinbefore mentioned in that behalf.
**34. Enquiry before registration by registering officer.—(1) Subject to the provisions contained in**
this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act,
unless the persons executing such document, or their representatives, assigns or agents authorised as
aforesaid, appear before the registering officer within the time allowed for presentation under sections 23,
24, 25 and 26:
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the State”.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “resides in any other part of the States”.
3. Subs. by s. 3, ibid., and the Schedule, for “the State”.
4. Subs. by the A.O. 1950, for “British”.
5. The words “of His Majesty or” omitted, ibid.
6. Ins. by Act 3 of 1951, s. 3 and the Schedule.
22
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Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear,
the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on
payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine,
if any, payable under section 25, the document may be registered.
(2) Appearances under sub-section (1) may be simultaneous or at different times.
(3) The registering officer shall thereupon—
(a) enquire whether or not such document was executed by the persons by whom it purports to
have been executed;
(b) satisfy himself as to the identity of the persons appearing before him and alleging that they
have executed the document; and
(c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the
right of such person so to appear.
(4) Any application for a direction under the proviso to sub-section (1) may be lodged with a Sub
Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.
(5) Nothing in this section applies to copies of decrees or orders.
**STATE AMENEDMENT**
**Gujarat**
**Amendment of section 34 of XVI of 1908.—In the principal Act, in section 34,--**
(i) after sub-section (1), the following sub-section shall be inserted, namely:-
“(1A) The registering officer may refuse to accept the non-testamentary documents relating to
immovable property mentioned in sub-section (1) of section 17, if they are not accompanied by the—
(a) proofs of identify of executing and claiming parties and witnesses;
(b) proofs of authorization when the executant or claimant thereunder is representative or
agent authorized by the person or entity whose document is so be registered;
(c) sign or thumb impression/finger print (if the person is unable to sign) of one person from
both executing and claiming parties, affixed on each and every page of the deeds submitted for
registration;
(d) proof that the principal is alive, in cases where the document is executed by the power of attorney
holder on behalf of the principal.”;
(ii) the following Explanation shall be added at the end, namely:
_“Explanation.---For_ the purpose of this section the term “document” shall include the document
presented by an electronic means.”.
[Vide Gujarat Act 4 of 2020, s. 4]
**35. Procedure on admission and denial of execution respectively.—(1) (a) If all the persons**
executing the document appear personally before the registering officer and are personally known to him,
or if he be otherwise satisfied that they are the person they represent themselves to be, and if they all
admit the execution of the document, or
(b) if in the case of any person appearing by a representative, assign or agent, such representative,
assign or agent admits the execution, or
(c) if the person executing the document is dead, and his representative or assign appears before
the registering officer and admits the execution,
the registering officer shall register the document as directed in sections 58 to 61 inclusive.
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(2) The registering officer may, in order to satisfy himself that the persons appearing before him are
the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine
any one present in his office.
(3) (a) If any person by whom the document purports to be executed denies its execution, or
(b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or
(c) if any person by whom the document purports to be executed is dead, and his representative or
assign denies its execution,
the registering officer shall refuse to register the document as to the person so denying, appearing
or dead:
Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII:
1[Provided further that the2[State Government] may, by notification in the3[Official Gazette], declare
that any Sub-Registrar named in the notification shall, in respect of documents the execution of which is
denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.]
**STATE AMENEDMENT**
**Gujarat**
**Amendment of section 35 of XVI of 1908.—(l) In the principal Act, in section 35,the following Explanation**
shall be added at the end, namely:
**_“Explanation.-_** For the purpose of this section the term “document” shall include the document
presented by an electronic means.”.
[Vide Gujarat Act 4 of 2020, s. 5]
# PART VII
OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES
**36. Procedure where appearance of executant or witness is desired.—If any person presenting**
any document for registration or claiming under any document, which is capable of being so presented,
desires the appearance of any person whose presence or testimony is necessary for the registration of such
document, the registering officer may, in his discretion, call upon such Officer or Court as the [2][State
Government] directs in this behalf to issue a summons requiring him to appear at the registration office,
either in person or by duly authorised agent, as in the summons may be mentioned, and at a time named
therein.
**37. Officer or Court to issue and cause service of summons.—The officer or Court, upon receipt of**
the peon's fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon
the person whose appearance is so required.
**38. Persons exempt from appearance at registration-office.—(1) (a) A person who by reason of**
bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or
(b) a person in jail under civil or criminal process, or
(c) person exempt by law from personal appearance in Court, and who would but for the
provisions next hereinafter contained be required to appear in person at the registration-office, shall
not be required so to appear.
(2) In the case of every such person the registering officer shall either himself go to the house of such
person, or to the jail in which he is confined, and examine him or issue a commission for his examination.
**39. Law as to summonses, commissions and witnesses.—The law in force for the time being as to**
summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits
1. Ins. by Act 13 of 1926, s. 2.
2. Subs. by the A.O. 1950, for “Provincial Government”.
3. Subs. by the A.O. 1939, for “Local Official Gazette”.
24
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before Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission
issued and any person summoned to appear under the provisions of this Act.
PART VIII
OF PRESENTING WILLS AND AUTHORITIES TO ADOPT
**40. Persons entitled to present wills and authorities to adopt.—(1) The testator, or after his death**
any person claiming as executor or otherwise under a will, may present it to any Registrar or SubRegistrar for registration.
(2) The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present
it to any Registrar or Sub-Registrar for registration.
**41. Registration of wills and authorities to adopt.—(1) A will or an authority to adopt, presented**
for registration by the testator or donor, may be registered in the same manner as any other document.
(2) A will or authority to adopt presented for registration by any other person entitled to present it
shall be registered if the registering officer is satisfied—
(a) that the will or authority was executed by the testator or donor, as the case may be;
(b) that the testator or donor is dead; and
(c) that the person presenting the will or authority is, under section 40, entitled to present the
same.
PART IX
OF THE DEPOSIT OF WILLS
**42. Deposit of wills.—Any testator may, either personally or by duly authorised agent, deposit with**
any Registrar his will in a sealed cover supercribed with the name of the testator and that of his agent (if
any) and with a statement of the nature of the document.
**43. Procedure on deposit of wills.—(1) On receiving such cover, the Registrar, if satisfied that the**
person presenting the same for deposit is the testator or his agent, shall transcribe in his Register-book
No. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month,
day and hour of such presentation and receipt, and the names of any persons who may testify to the
identity of the testator or his agent, and any legible inscription which may be on the seal of the cover.
(2) The Registrar shall then place and retain the sealed cover in his fire-proof box.
**44. Withdrawal of sealed cover deposited under section 42.—If the testator who has deposited**
such cover wishes to withdraw it, he may apply, either personally or by duly authorised agent, to the
Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator
or his agent, shall deliver the cover accordingly.
**45. Proceedings on death of depositor.—(1) If, on the death of a testator who has deposited a sealed**
cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and
if the Registrar is satisfied that the testator is dead, he shall, in the applicant's presence, open the cover,
and, at the applicant's expense, cause the contents thereof to be copied into his Book No. 3.
(2) When such copy has been made, the Registrar shall re-deposit the original will.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 45.—in section 45 of the principal Act,--**
(a) in sub-section (1), for the words, letters and figure "cause the contents thereof to be copied
into his Book No. 3", the words, letters and figure "cause a true copy of the contents thereof to be
made and filled in his Book No. 3" shall be substituted;
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(b) in sub-section (2) for the words "copy has been made", the words "true copy has been filed"
shall be substituted.
[Vide Karnataka Act 55 of 1976, s. 6]
**Tripura**
**Amendment of Section 45.—In section 45 of the principal Act,—**
(a) In sub-section (1), for the words and figure “cause the contents thereof to be copied into his
Book No. 3”, the words and figure “cause a true copy of the contents thereof to be made and
pasted in his Book No. 3” shall be substituted; and
(b) In sub-section (2), for the words “copy has been made”, the words “true copy has been pasted”
shall be substituted.
[Vide Tripura Act 7 of 1982, s. 4]
**Kerala**
**Amendment of section 45.-In section 45 of the principal Act, --**
(a) in sub-section (1), for the words, letters and figure “cause the contents thereof to be copied
into his Book No. 3, the words, letters and figures “cause a true copy of the contents thereof to be
made and filed in his Book No. 3” shall be substituted.
(b) in sub-section (2), for the words “copy has been made”, the words “true copy has been filed”
shall be substituted.
[Vide kerala Act 7 of 1968, s. 5]
**Orissa**
**Amendment of section 45.—In the principal Act, in section 45,—**
(a) in sub-section (1), for the words letters and figure “cause the contents thereof to be copied into
his Book No. 3”, the words, letters and figure “cause a true copy of the contents there of to be made
and filed in his Book No.3” shall be substituted; and
(b) in sub-section (2), for the words, “copy has been made”, the words “true copy has been filed”
shall be substituted.
[Vide Orissa Act 14 of 1989, s. 4]
**46. Saving of certain enactments and powers of Courts.—(1) Nothing hereinbefore contained shall**
affect the provisions of section 259 of the Indian Succession Act, 1865 (10 of 1865), or of section 81 of
the Probate and Administration Act, 1881 (5 of 1881), or the power of any Court by order to compel the
production of any will.
(2) When any such order is made, the Registrar shall, unless the will has been already copied under
section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such
copy that the original has been removed into Court in pursuance of the order aforesaid.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 46.—In sub-section (2) of section 46 of the principal Act--**
(a) for the words "unless the will has been already copied", the words "unless a true copy of the
will has already been filled" shall be substituted;
(b) for the words, letters and figure "cause the will to be copied into his Book No.3", the words,
letters and figure "cause a true copy of the will to be made and filed in his Book No. 3" shall be
substituted.
[Vide Karnataka Act 55 of 1976, s. 7]
26
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**Tripura**
**Amendment of Section 46.—In section (2) of section 46 of the principal Act,--**
(a) For the words “unless the will has been already copied”, the words “unless a true copy of the
will has been already pasted” shall be substituted; and
(b) For the words and figure “cause the will to be copied into his book No.3”, the words and
figure “cause a true copy of the will to be made and pasted in his Book No. 3” shall be
substituted.
[Vide Tripura Act 7 of 1982, s. 5]
**Kerala**
**Amendment of section 46.-In sub-section (2) of section 46 of the principal Act,--**
(a) for the words “unless the will has been already copied”, the words “unless a true copy of the
will has already been filed” shall be substituted.
(b) for the words, letters and figure “cause the will to be copied into his Book No. 3”, the words,
letters and figure “cause a true copy of the will to be made and filed in his Book No. 3” shall be
substituted.
[Vide kerala Act 7 of 1968, s. 6]
**Orissa**
**Amendment of section 46.— In the principal Act, in sub-section (2) of section 46,—**
(a) for the words “unless the will has been already copied”, the words “ unless a true copy of the
will has already been filed” shall be substituted; and
(b) for the words, letters and figure “cause the will to be copied in his Book No.3”, the words,
letters and figure “cause a true copy of the will to be made and filed in his Book No.3” shall be
substituted.
[Vide Orissa Act 14 of 1989, s. 5]
PART X
OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION
**47. Time from which registered document operates.—A registered document shall operate from**
the time from which it would have commenced to operate if no registration thereof had been required or
made, and not from the time of its registration.
**48. Registered documents relating to property when to take effect against oral agreements.—All**
non-testamentary documents duly registered under this Act, and relating to any property,
whether movable or immovable, shall take effect against any oral agreement or declaration relating to
such property, unless where the agreement or declaration has been accompanied or followed by delivery
of possession [1][and the same constitutes a valid transfer under any law for the time being in force:
Provided that a mortgage by deposit of title-deeds as defined in section 58 of the Transfer of Property Act, 1882
(4 of 1882), shall take effect against any mortgage-deed subsequently executed and registered which relates to the
same property.]
**49. Effect of non-registration of documents required to be registered.—No document required by section 17**
1[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall—
(a) affect any immovable property comprised therein, or
(b) confer any power to adopt, or
(c) be received as evidence of any transaction affecting such property or conferring such power,
unless it has been registered:
1[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer
of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific
1. Ins. by Act 21 of 1929, s. 10.
27
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performance under Chapter II of the Specific Relief Act, 1877 (1 of 1877)[1], [2]*** or as evidence of any collateral
transaction not required to be effected by registered instrument.]
**50. Certain registered documents relating to land to take effect against unregistered**
**documents.—(1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17,**
sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the
property comprised therein, against every unregistered document relating to the same property, and not
being a decree or order, whether such unregistered document be of the same nature as the registered
document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of
section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered
document which had not priority under the law in force at the commencement of this Act.
_Explanation.—In cases, where Act No. 16 of 1864 or the Indian Registration Act, 1866 (20 of 1866),_
was in force in the place and at the time in and at which such unregistered document was executed,
“unregistered” means not registered according to such Act, and, where the document is executed after the
first day of July, 1871, not registered under the Indian Registration Act, 1871 (8 of 1871), or the Indian
Registration Act, 1877 (3 of 1877), or this Act.
PART XI
OF THE DUITES AND POWERS OF REGISTERING OFFICERS
(A) As to the Register-books and Indexes
**51. Register-books to be kept in the several offices.—(1) The following books shall be kept in the**
several offices hereinafter named, namely:—
A—In all registration offices—
Book 1, “Register of non-testamentary documents relating to immovable property”;
Book 2, “Record of reasons for refusal to register”;
Book 3, “Register of wills and authorities to adopt”; and
Book 4, “Miscellaneous Register”.
B—In the offices of Registrars—
Book 5, “Register of deposits of wills”;
(2) In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18
and 89 which relate to immovable property, and are not wills.
(3) In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which
do not relate to immovable property.
(4) Nothing in this section shall be deemed to require more than one set of books where the office of
the Registrar has been amalgamated with the office of a Sub-Registrar.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 51.--In Section 51 of the principal Act, for clause (c) of sub-section (1),**
the following clause shall be substituted, namely:-
(a) for sub-section (2), the following sub-section shall be substituted, namely:
"(2) In Book No.1 shall be filed,
1. See now the Specific Relief Act, 1963 (47 of 1963).
2. The words, figures and letter “or as evidence of part performance of a contract for the purposes of section 53A of the Transfer
of Property Act, 1882 (4 of 1882)” omitted by Act 48 of 2001, s. 6 (w.e.f. 24-9-2001).
28
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(i) true copies of all documents; and
(ii) all memoranda registered under sections 17, 18 and 89 which relate to immovable
property, and are not wills.";
(b) in sub-section (3), for the words "entered all documents", the words "filed true copies of all
documents" shall be substituted;
(c) after sub-section (4), the following sub-section shall be inserted, namely:
"(5) If, in the opinion of the Registrar, any of the books mentioned in sub-section (1) is in danger
of being destroyed, or becoming illegible wholly or partially, the Registrar may, by a written order,
direct such book or such portion thereof as he thinks fit, to be recopied and authenticated in such
manner as may be prescribed under section 69, and the copy prepared and authenticated under such
direction shall for the purposes of this Act, be deemed to have taken the place of and to be the
original book or portion and all references in this Act, to the original book or portion shall be deemed
to be references to the book or portion so prepared and authenticated."
[Vide Karnataka Act 55 of 1976, s. 8]
**Tripura**
**Amendment of Section 51.-In section 51 of the principal Act,-**
(a) for sub-section (2), the following sub-section shall be substituted, namely:
(2) In Book I shall be
(i) pasted true copied of all documents and
(ii) filed all memoranda registered under Section 17, 18 and 89 which relate to immovable
property, and are not wills and
(b) in sub-section (3), for the word “entered”, the words “pasted true copies of” shall be substituted.
[Vide Tripura Act 7 of 1982, s. 6]
**Kerala**
**Amendment of section 51.-In section 51 of th3 principal Act,-**
(a) for sub-section (2) the following sub-section shall be substituted, namely:
“(2) In Book I shall be filed--
(i) true copies of all documents; and
(ii) all memoranda,
Registered under sections 17, 18 and 89 which related to immovable property, and are not wills.”
(b) in sub-section (3), for the words “entered all documents”, the words “filed true copies of all
documents” shall be substituted.”
[Vide kerala Act 7 of 1968, s. 7]
**Orissa**
**Amendment of section 51.—In the Principal Act, in section 51,—**
(a) for sub-section (2), the following sub-section shall be substituted, namely:—
“(2) In Book I shall be filed,—
(i) true copies of all documents; and
(ii) all memoranda registered under sections 17, 18 and 89 which relate to immovable
property and are not wills.”;
29
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(b) in sub-section (3), for the “entered all documents”, the words “filed true copies of all
documents”, shall be substituted;
(c) after sub-section (4), the following sub-section shall be inserted, namely:—
“(5) If in the opinion of the Register any of the books mentioned in sub-section (1) is in
danger of being destroyed or becoming illegible wholly or partly, the registrar may, by written be
recopied and authenticated in such manner as may be prescribed under section 69 and the copy so
prepared and authenticated under such direction shall, for the purpose of this Act and of the
Evidence Act, 1872 be deemed to have taken the place of, and to be, the original book or
portion, as the case may be, and all references in this Act to the original book or portion shall be
deemed to be reference to the book or portion so prepared and authenticated.
(6) Notwithstanding anything contained in this Act, copies of any of the books mentioned in
sub-section (1) or any portion of such books prepared and authenticated before the
commencement of the Registration ( Orissa Amendment) Act, 1989 in pursuance of an order of
the Registrar or the Inspector-General of Registration, shall, for the purposes of this Act, and of
the Evidence Act, 1872 be deemed to have taken the place of, and to be, the original book or
portion, as the case may be, and all references in this Act to the original book or portion shall be
deemed to be references to the book or portion so prepared and authenticated”.
[Vide Orissa Act 14 of 1989, s. 6]
**Uttarakhand**
**Amendment of section 51.— In placed of sub-sections (2), (3) and (5) of section 51 of the Principal**
Act, the following sub-section shall be substituted as follows; namely:
"(2) In Book 1, shall be filed true copies of all documents or memoranda registered under sections
17, 18 and 89 which relate to immovable property, and are not wills;
Provided that where Book is in electronic form, all documents, other than wills, registered under
aforesaid sections or true copies thereof, as the case may be, or memoranda shall be scanned in it and
a printout, thereof shall be kept permanently in Book 1,
(3) In Book 4, shall be filed true copies of all documents registered under clauses (d) and (f) of
section 18 which do not relate to immovable property;
Provided that where Book is in electronic form, all documents registered under the aforesaid
clauses or their true copies, as the case may be, shall be scanned in it and a printout thereof shall be
kept permanently in Book 4.
(5) Where due to fire, tempest, flood, excessive rainfall, violence of any army or mob, or other
irresistible force and for any other reason or all of the books specified in sub-section (1) are
destroyed, or become illegible either wholly or partially, and the State Government is of the opinion
that it is necessary, or expedient so to do it may, by order, direct such book or such portion thereof, as
it thinks fit, to be re-copied, authenticated, or reconstructed in such manner as may be prescribed, and
the copy so prepared, authenticated or reconstructed, shall for the purposes of this Act, and of the
Indian Evidence Act, 1872, be deemed to have taken the place of, and to be the original book or
portion.”
[Vide Uttarakhand Act 24 of 2014, s. 9]
**52. Duties of registering officers when document presented.—(1) (a) The day, hour and place of**
presentation, [1][the photographs and finger prints affixed under section 32A], and the signature of every
person presenting a document for registration, shall be endorsed on every such document at the time of
presenting it;
1. Ins. by Act 48 of 2001, s. 7 (w.e.f. 24-9-2001).
30
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(b) a receipt for such document shall be given by the registering officer to the person presenting
the same; and
(c) subject to the provisions contained in section 62, every document admitted to registration shall
without unnecessary delay be copied in the book appropriated therefore according to the order of its
admission.
(2) All such books shall be authenticated at such intervals and in such manner as is from time to time
prescribed by the Inspector-General.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 52.—In section 52 of the principal Act, for clause (c) of sub-section (1),**
the following clause shall be substituted, namely:
"(c) subject to the provisions contained in section 62 where a document is admitted to
registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book
according to the order of its admission".
[Vide Karnataka Act 55 of 1976, s. 9]
**Tripura**
**Amendment of Section 52-In section 52 of the principal Act, for clause (c) of sub-section (1), the**
following clause shall be substituted namely:—
“(c) subject to the provisions contained in section 62 the true copy, referred to in section 18A of
every document admitted to registration shall, without unnecessary delay, be pasted in the book
appropriated therefore according to the order of its admission.”
[Vide Tripura Act 7 of 1982, s.7]
**Kerala**
**Amendment of section 52.-In section 52 of the principal Act, for clause (c) of sub-section (1), the**
following clause shall be substituted.
“(c) subject to the provisions contained in section 62, where a document is admitted to
registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book
according to the order of its admission.”
[Vide kerala Act 7 of 1968, s. 8]
**Himachal Pradesh**
**Amendment of section 52.- In section 52 of the principal Act, for clause (c) of sub-section (1),**
the following clause shall be substituted, namely:
“(c) subject to the provisions contained in section 62, a copy of every document admitted to
registration shall, without unnecessary delay be pasted in the book appropriated therefore according
to the order of admission of the document.”
[Vide Himachal Pradesh Act 2 of 1969, s. 5]
**Orissa**
**Amendment of section 52.— In the principal Act, in section 52, for clause (c) of sub-section (1), the**
following clause shall be substituted, namely:—
“(c) subject to the provisions contained in section 62, where a document is admitted to
registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book
according to its order of admission.”.
[Vide Orissa Act 14 of 1989, s. 7]
**Uttarakhand**
**Amendment of section 52.—In sub-section (1) of section 52 of the principal Act,--**
31
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(1) in sub-section (1)
(i) in clause (a), for the words, "every such documents at the time of presenting it", the words,
"every such documents and true copy thereof at the time of presenting it; and" shall be
substituted;
(ii) for clauses (b) and (c), the following clause shall be substituted, namely:
"(b) a receipt for such document shall be given by the registering officer to the person
presenting the same."
(2) sub-section (2) shall be omitted.
[Vide Uttarakhand Act 24 of 2014, s. 10]
**Uttar Pradesh**
**Amendment of section 52.—In section 52 of the principal Act, in sub-section (1)** _after_ clause (c), the following
Explanation shall be inserted, namely :—
“Explanation—Copying of the document in the said book includes the pasting of its copy in the book.”
[Vide Uttar Pradesh Act 14 of 1971, s. 3]
**53. Entries to be numbered consecutively.—All entries in each book shall be numbered in a**
consecutive series, which shall commence and terminate with the year, a fresh series being commenced at
the beginning of each year.
**Uttarakhand**
# Insertion of proviso to section 53.—In section 53 of the Principal Act, the following
proviso shall be inserted, namely:-
“Provided that where Book is in electronic form, all entries and numbers in that Book and the Book
maintained manually shall be identical.”
[Vide Uttarakhand Act 24 of 2014, s. 11]
**54. Current indexes and entries therein.—In every office in which any of the books hereinbefore**
mentioned are kept, there shall be prepared current indexes of the contents of such books; and every entry
in such indexes shall be made, so far as practicable, immediately after the registering officer has copied,
or filed a memorandum of, the document to which it relates.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 54.-In section 54 of the principal Act, for the words "copied, or filed**
memorandum of, the words "filed a true copy or memorandum or shall be substituted.
[Vide Karnataka Act 55 of 1976, s. 10]
**Tripura**
**Amendment of Section 54.-In section 54 of the principal Act, for the words and mark “copied,**
or filed a memorandum of “the words “pasted a true copy or filed a memorandum of” shall be substituted.
[Vide Tripura Act 7 of 1982, s. 8]
**Kerala**
**Amendment of section 54.-In section 54 of the principal Act for the words “copied, or filed a**
memorandum of,” the words “filed a true copy or memorandum of” shall be substituted.”
[Vide kerala Act 7 of 1968, s. 9]
32
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**Orissa**
**Amendment of section 54.— In the principal Act, in section 54, for the words “copied or filed”, the**
words “filed a true copy or” shall be substituted.
[Vide Orissa Act 14 of 1989, s. 8]
**Uttarakhand**
**Amendment of section 54.—Section 54 of the Principal Act, shall be substituted as follows; namely:-**
"54. In every office in which any of the books hereinbefore mentioned are kept, there shall be
prepared current indexes of the contents of such books and every entry in such indexes shall be made,
so far as practicable, immediately after the registering officer has scanned or filed a true copy or a
memorandum of, the document to which it relate."
[Vide Uttarakhand Act 24 of 2014, s. 12]
**55. Indexes to be made by registering officers, and their contents.—(1) Four such indexes shall be**
made in all registration offices, and shall be named, respectively, Index No. I, Index No. II, Index No. Ill
and Index No. IV.
(2) Index No. I shall contain the names and additions of all persons executing and of all persons
claiming under every document entered or memorandum filed in Book No. 1.
(3) Index No. II shall contain such particulars mentioned in section 21 relating to every such
document and memorandum as the Inspector-General from time to time directs in that behalf.
(4) Index No. III shall contain the names and additions of all persons executing every will and
authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and
after the death of the testator or the donor (but not before) the names and additions of all persons claiming
under the same.
(5) Index No. IV shall contain the names and additions of all persons executing and of all persons
claiming under every document entered in Book No. 4.
(6) Each Index shall contain such other particulars, and shall be prepared in such form, as the
Inspector-General from time to time directs.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 55.-In section 55 of the principal Act,-**
(a) in sub-section (2), for the words "documents entered or memorandum filed", the words
"documents of which a true copy or memorandum is filed" shall be substituted;
(b) in sub-section (4), for the words "authority entered", the words "authority of which a true
copy is filed" shall be substituted;
(c) in sub-section (5), for the words "document entered", the words "documents of which a true
copy is filed" shall be substituted.
[Vide Karnataka Act 55 of 1976, s. 11]
**Tripura**
**Amendment of Section 55.-In section 55 of the principal Act-**
(a) in sub-section (2), for the word “entered” substitute the words “of which a true copy pasted”;
(b) in sub-section (4), for the words and figure “every will and authority entered in Book No.
3” substitute the words and figure “every will and authority of which a true copy is pasted in
Book No. 3”;
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(c) in sub-section (5), for the word “entered” substitute the words “of which a true copy is pasted”
shall be substituted.
[Vide Tripura Act 7 of 1982, s. 9]
**Kerala**
**Amendment of section 55.-In section 55 of the principal Act,-**
(a) in sub-section (2), for the words “document entered or memorandum filed”, the words
“document of which a true copy, or memorandum, is filed” shall be substituted.
(b) in sub-section (4), for the words “authority entered”, the words “authority of which a true
copy is filed” shall be substituted.
(c) in sub-section (5), for the words “document entered”, the words “document of which a true
copy is filed” shall be substituted.
[Vide kerala Act 7 of 1968, s. 10]
**Orissa**
**Amendment of section 55.— In the principal Act, in section 55,—**
(a) in sub-section (2), for the words “document entered or memorandum filed”, the words
“document of which a true copy or a memorandum is filed” shall be substituted;
(b) in sub-section (4), for the words “authority entered”, the words “authority of which a true
copy is filed” shall be substituted; and
(c) in sub-section (5), for the words “document entered”, the words “document of which a true
copy is filed” shall be substituted.
[Vide Orissa Act 14 of 1989, s. 9]
**Uttarkhand**
**Insertion in section 55.—After sub-section (6) of section 55 of the Principal Act, the following sub-**
section shall be inserted, namely:-
“(7) Where Book is in electronic form, the indexes made under this section shall also be stored in
electronic form in the manner prescribed by rules under Section 69."
[Vide Uttarakhand Act 24 of 2014, s.13]
**56. [Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed.]**
_Rep. by the Indian Registration (Amendment) Act, 1929 (15 of 1929), s. 2._
**57. Registering officers to allow inspection of certain books and indexes, and to give certified**
**copies of entries.—(1) Subject to the previous payment of the fees payable in that behalf, the Books Nos.**
1 and 2 and the Indexes relating to Book No. 1 shall be at all times open to inspection by any person
applying to inspect the same; and, subject to the provisions of section 62, copies or entries in such books
shall be given to all persons applying for such copies.
(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto
shall be given to the persons executing the documents to which such entries relate, or to their agents, and
after the death of the executants (but not before) to any person applying for such copies.
(3) Subject to the same provisions, copies of entries in Book No. 4 and in the Index relating thereto
shall be given to any person executing or claiming under the documents to which such entries
respectively refer, or to his agent or representative.
(4) The requisite search, under this section for entries in Book Nos. 3 and 4 shall be made only by the
registering officer.
34
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(5) All copies given under this section shall be signed and sealed by the registering officer, and shall
be admissible for the purpose of proving the contents of the original documents.
**STATE AMENDMENT**
**Uttarakhand**
**Amendment of section 57.—In place of sub-section (1) of section 57 of the Principal Act, shall be**
substituted as follows; namely:
"(1) Subject to the previous payment of fees payable in that behalf, books 1 and 2 and indexes
relating to Book I other than those in electronic Form shall be, at all times, open to inspection by any
person applying to inspect the same and subject to the provisions of section 62, copies of entries in such
books shall be given to all persons applying for such copies.”
[Vide Uttarakhand Act 24 of 2014, s. 14]
(B) As to the procedure on admitting to registration
**58. Particulars to be endorsed on documents admitted to registration.—(1) On every document**
admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer
under section 89, there shall be endorsed from time to time the following particulars, namely:—
(a) the signature and addition of every person admitting the execution of the document, and, if
such execution has been admitted by the representative, assign or agent of any person, the signature
and addition of such representative, assign or agent;
(b) the signature and addition of every person examined in reference to such document under any
of the provisions of this Act; and
(c) any payment of money or delivery of goods made in the presence of the registering officer in
reference to the execution of the document, and any admission of receipt of consideration, in whole or
in part, made in his presence in reference to such execution.
(2) If any person admitting the execution of a document refuses to endorse the same, the registering
officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.
**STATE AMENDMENT**
**Uttarakhand**
**Amendment of section 58.—In place of sub-section (1) of section 58 of the Principal Act, shall be**
substituted as follows; namely:
“(1) On every document admitted to registration and true copy there of other than a copy of a decree
or order or a copy sent to a registering officer under section 89, there shall be endorsed from time to time,
the following particulars, namely :
(a) the signature and addition of every person admitting the execution of the document and if
such execution has been admitted by the representative, assign or agent of any person, the signature
and addition of such representative, assign or agent;
(b) the signature and addition of every person examined in reference to such document, under any
of the provisions of the Act; and
(c) any payment of money or delivery of goods made in the presence of the registering officer, in
reference to the execution of the document and any admission of receipt of consideration, in whole or
in part, made in his presence in reference to such execution.”
[Vide Uttarakhand Act 24 of 2014, s. 15]
**59. Endorsements to be dated and signed by registering officer.—The registering officer shall**
affix the date and his signature to all endorsements made under sections 52 and 58, relating to the
same document and made in his presence on the same day.
**60. Certificate of registration.—(1) After such of the provisions of sections 34, 35, 58 and 59 as**
apply to any document presented for registration have been complied with, the registering officer shall
35
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endorse thereon a certificate containing the word “registered”, together with the number and page of the
book in which the document has been copied.
(2) Such certificate shall be signed, sealed and dated by the registering officer, and shall then be
admissible for the purpose of proving that the document has been duly registered in manner provided by
this Act, and that the facts mentioned in the endorsements referred to in section 59 have occurred as
therein mentioned.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 60.—The words "the document has been copied", the words " a true copy of**
the document has been filed" shall be substituted.
[Vide Karnataka Act 55 of 1976, s. 12]
**Kerala**
**Amendment of section 60.-In sub-section (1) of section 60, for the principal Act, for the words "the**
document has been copied", the words "the true copy of the document has been filed" shall be
substituted.]
[Vide kerala Act 7 of 1968, s. 11]
**Tripura**
**Amendment of Section 60.—In sub-section (1) of section 60 of the principal Act, for the words “the**
document has been copied”, the words “the true copy of the document has been pasted” shall be
substituted.
**[Vide Tripura Act 7 of 1982, s. 10]**
**Orissa**
**Amendment of section 60.— In the Principal Act, in sub-section (1) of section 60, for the words “**
the document has been copied”, the words “ the true copy of the document has been filed” shall be
substituted.
[Vide Orissa Act 14 of 1989, s. 10]
**Uttarakhand**
**Amendment of section 60.—In place of sub-section (1) of section 60 of the Principal Act, shall be**
substituted as follows; namely:-
"(1) After such of the provision of sections 34, 35, 58 and 59, as apply to any document,
presented for registration, have been complied with, the registering officer shall endorse thereon a
certificate containing the word 'registered' together with the number and pages of the books in which
the laminated true copy thereof has been bound and kept."
[Vide Uttarakhand Act 24 of 2014, s. 16]
**61. Endorsements and certificate to be copied and document returned.—(1) The endorsements**
and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin
of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in
Book No. 1.
(2) The registration of the document shall thereupon be deemed complete, and the document shall
then be returned to the person who presented the same for registration, or to such other person (if any) as
he has nominated in writing in that behalf on the receipt mentioned in section 52.
36
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**STATE AMENDMENT**
**Karnataka**
**Amendment of section 61.—For sub-section (1) of section 61 of the principal Act the following**
sub-section shall be substituted namely:
"(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall
thereupon be copied into the true copy of the document presented along with the document and the
true copy of the map or the plan (if any) mentioned in section 21 shall also be filed along with the
true copy of the document."
[Vide Karnataka Act 55 of 1976, s. 13]
**Kerala**
**Amendment of section 61.—for sub-section (1) of section 61 of the principal Act, the following sub-**
section shall be substitute, namely:
“(1) The endorsement and certificate referred to and mentioned in sections 59 and 60 shall
thereupon be copied into the true copy of the document presented along with the document, and the
true copy of the map or plan (if any) mentioned in section 21 shall also be filed along with the true
copy of the document.”
[Vide kerala Act 7 of 1968, s. 12]
**Orissa**
**Amendment of section 61.—In the principal Act, for sub-section (1) of section 61, the following**
sub-section shall be substituted, namely:—
“(1) The endorsements and certificates referred to and mentioned in sections 59 and 60 shall
thereupon be copied into the true copy of the document presented along with the document, and the
true copy of the map or plan, if any, mentioned in section 21 shall also be filed alongwith the true
copy of the document.”.
[Vide Orissa Act 14 of 1989, s. 11]
**Tripura**
**Amendment of section 61.—In sub-section (1) of the section 61 of the principal Act, the words**
“the margin of” shall be omitted.
[Vide Tripura Act 7 of 1982, s. 11]
**Uttarakhand**
**Amendment of section 61.—In place of section 61 of the Principal Act, shall be substituted as**
follows; namely:
**“61.(1) Subject to the provisions of section 62, after the provisions of sections 52, 58, 59 and 60**
are compiled with, every document admitted to registration along with the map or plan, if any,
mentioned in section 21, shall without unnecessary delay, be scanned and a printout thereof shall be
kept permanently in the Book appropriate for the document admitted to registration, according to the
order of its admission;
Provided that, where, Book is not in electronic form or scanning of the document is not possible
on the same day, the true copy of the document admitted to registration along with the copy of the
map or plan, if any, mentioned in section 21 shall be kept in the Book appropriate for the document in
the manner aforesaid for being scanned at the earliest opportunity and replaced permanently by a
printout thereof;
Provided further that a true copy filed before the commencement of the Registration
(Uttarakhand Amendment) Act, 2010 and not copied in the Book appropriate therefor, shall be
deemed to be a true copy presented under section 32-A and shall be dealt with in accordance with the
provisions of this section;
37
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Provided also that if the true copy filed before the commencement of the Registration
(Uttarakhand Amendment) Act, 2010 is dim or has otherwise become illegible and has not been
copied in the Book appropriate therefor, the registering officer shall, with the prior approval of the
Registrar, require the party concerned to deliver the document to him for getting its true copy
prepared for the purposes of this section and if the party concerned informs him that the document
has been lost or destroyed, the true copy available in the registering office shall be dealt with in
accordance with the provisions of this section.
(2) The registration of the document shall, thereupon, be deemed complete and the document
shall then be returned to the person who presented the same for registration, or to such other person, if
any, as he has nominated in writing in that behalf on the receipt mentioned in section 52.
(3) All such Books shall be authenticated at such intervals and in such manner as is from time to
time prescribed by the Inspector-General."
[Vide Uttarakhand Act 24 of 2014, s. 17]
**62. Procedure on presenting document in language unknown to registering officer.—(1) When a**
document is presented for registration under section 19, the translation shall be transcribed in the register
of documents of the nature of the original, and, together with the copy referred to in section 19, shall be
filed in the registration office.
(2) The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on
the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65
and 66, the translation shall be treated as if it were the original.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 62.—For sub-section (1) of section 62 of the principal Act, the following**
sub-section shall be substituted, namely:-
"(1) When a document is presented for registration under section 19, the translation together with the
true copy of the document shall be filed in the appropriate book.”
[Vide Karnataka Act 55 of 1976, s. 14]
**Kerala**
**Amendment of section 62.-For sub-section (1) of section 62 of the principal Act, the following sub-**
section shall be substituted, namely:
“(1) When a document is presented for registration under section 19, the translation together with the
true copy of the document shall be filed in the appropriate book.”
[Vide kerala Act 7 of 1968, s. 13]
**Himachal Pradesh**
**Amendment of section 62.- In section 62 of the principal Act, for sub-section (1), the following**
sub-section shall be substituted, namely:
“(1) When a document is presented for registration under section 19, a copy of the translation shall
be pasted in the register of documents of the nature of the original, and the second copy of the
translation, together with the true copy referred to in Section 19, shall be filed in the registration office."
[Vide Himachal Pradesh Act 2 of 1969, s. 6]
**Orissa**
**Amendment of section 62.— In the principal Act, for sub-section (1) of section 62, the following**
sub-section shall be substituted, namely:—
“(1) when a document is presented for registration under section 19, the translation together with
the true copy of the document shall be filed in the “appropriate book.”.
[Vide Orissa Act 14 of 1989, s. 12]
38
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**Tripura**
**Amendment of section 62.-In section 62 of the principal Act, for sub-section (1), the following shall**
be substituted:
“when a document is presented for registration under section 19, the true translation together with
the true copy referred to in that section shall be pasted in the register of documents of the nature of
the original and the second copy of the translation shall be filed with Registration Office”.
[Vide Tripura Act 7 of 1982, s. 12]
**Uttarakhand**
**Substitution of section 62.—In place of section 62 of the Principal Act, shall be substituted as**
follows; namely:-
“62. When a document is presented for registration under section 19, the original document shall
be dealt with in accordance with the provisions of sections 52, 58, 59, 60 and 61 and the translation
shall also be scanned along with the original document and its printout kept along with the printout of
the original document, and if Book is not in electronic form or the scanning is not possible on the
same day, the true copy of the translation shall be kept along with the true copy of the document in
accordance with sub-section (1) of section 61, and for the purposes of making the copies and
memoranda required by sections 57, 64, 65 and 66, it shall be treated as if it were the original."
[Vide Uttarakhand Act 24 of 2014, s. 18]
**Uttar Pradesh**
**Amendment of section 62.—In section 62 of the principal Act, after sub-section (1), the following**
Explanation shall be inserted, namely :—
“Explanation—Transcribing the translation in the said register includes pasting of a copy of such
transition in that register.”
[Vide Uttar Pradesh Act 14 of 1971, s. 4]
**63. Power to administer oaths and record of substance of statements.—(1) Every registering**
officer may, at his discretion, administer an oath to any person examined by him under the provisions of
this Act.
(2) Every such officer may also at his discretion record a note of the substance of the statement made
by each such person, and such statement shall be read over, or (if made in a language with which such
person is not acquainted) interpreted to him in a language with which he is acquainted, and, if he admits
the correctness of such note, it shall be signed by the registering officer.
(3) Every such note so signed shall be admissible for the purpose of proving that the statements
therein recorded were made by the persons and under the circumstances therein stated.
(C) Special duties of Sub-Registrar
**64. Procedure where document relates to land in several sub-districts.—Every Sub-Registrar on**
registering a non-testamentary document relating to immovable property not wholly situate in his own
sub-district shall make a memorandum thereof and of the endorsement and certificate (if any) thereon,
and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whose
sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his
Book No. 1.
**STATE AMENDMENT**
**Uttarakhand**
**Amendment of section 64.—In place of section 64 of the Principal act, shall be substituted as**
follows; namely:-
39
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"64. Every sub-registrar, on registering an non-testamentary document relating to immoveable
property not wholly situate in his own sub-district, shall make a memorandum thereof and of the
endorsements and certificate (if any) thereon and send the same to every other sub-registrar,
subordinate to the same Registrar, as himself, in whose sub-district any part of such property is situate
and Sub-Registrar shall take similar action on this memorandum, as known (sic taken) on a document
admitted to registration under sub-section (1) of Section 61."
[Vide Uttarakhand Act 24 of 2014, s. 19]
**65. Procedure where document relates to land in several districts.—(1) Every Sub-Registrar on**
registering a non-testamentary document relating to immovable property situate in more districts than one
shall also forward a copy thereof and of the endorsement and certificate (if any) thereon, together with a
copy of the map or plan (if any) mentioned in section 21, to the Registrar of every district in which any
part of such property is situate other than the district in which his own sub-district is situate.
(2) The Registrar on receiving the same shall file in his Book No. 1 the copy of the document and the
copy of the map or plan (if any), and shall forward a memorandum of the document to each of the SubRegistrars subordinate to him within whose sub-district any part of such property is situate; and every
Sub-Registrar receiving such memorandum shall file in his Book No. 1.
**STATE AMENDMENT**
**Uttarakhand**
**Amendment of section 65.—In place of sub-section (2) of section 65 of the Principal act, shall be**
substituted as follows; namely:-
"(2) The Registrar, on receiving the same shall take a similar action on such copy of the
document and the copy of the map or plan, if any, as taken on a document admitted to registration
under sub-section (1) of section 61 and shall forward a memorandum of the document to each of the
sub-registrars subordinate to him, within those sub-district any part of such property is situate and
every sub-registrar, receiving such memorandum, shall take a similar action on it as taken by the
Registrar under this section.".
[Vide Uttarakhand Act 24 of 2014, s. 20]
(D) Special duties of Registrar
**66. Procedure after registration of documents relating to land.—(1) On registering any non-**
testamentary document relating to immovable properly, the Registrar shall forward a memorandum of
such document to each Sub-Registrar subordinate to himself in whose sub-district any part of the property
is situate.
(2) The Registrar shall also forward a copy of such document, together with a copy of the map or plan
(if any) mentioned in section 21, to every other Registrar in whose district any part of such property is
situate.
(3) Such Registrar on receiving any such copy shall file it in his Book No. 1, and shall also send a
memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any
part of the property is situate.
(4) Every Sub-Registrar receiving any memorandum under this section shall file it in his Book No. 1.
**STATE AMENDMENT**
**Uttarkhand**
# Amendment of section 66.— In place of sub-section (3) and sub-section (4) of section 66 of the
Principal Act shall be substituted as follows; namely:
"(3) Such Registrar, on receiving any such copy, shall take a similar action on it as taken on a
document admitted to registration under sub-section (1) of section 61 and shall also send a
memorandum of the copy to each of the sub-registrars subordinate to him, within whose sub-district
any part of the property is situate."
"(4) Every sub-registrar receiving any memorandum under this section shall take a similar action
on it as taken on a copy received under sub-section (3)."
40
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[Vide Uttarakhand Act 24 of 2014, s. 21]
**67. [Procedure after registration under section 30, sub-section (2).] Omitted by the Registration and**
_Other Related Laws (Amendment) Act, 2001 (48 of 2001), s. 8 (w.e.f. 24-9-2001)._
**STATE AMENDMENT**
**Karnataka**
**Omission of section 67.-Section 67 of the principal Act, shall be omitted.**
[Vide Karnataka Act 24 of 1989, s. 3]
**Rajasthan**
**Amendment of section 67, Central Act 16 of 1908.-Section 67 of the principal Act shall be**
omitted.
[Vide Rajasthan Act 18 of 1989, s. 5]
**Haryana**
**Omission of section 67 of Central Act 16 of 1908.—Section 67 of the principal Act shall be**
omitted.
[Vide Haryana Act 4 of 1997, s. 3]
**Uttar Pradesh**
**Omission of section 67.—Section 67 of the principal Act shall be omitted.**
[Vide Uttar Pradesh Act 27 of 1994, s. 6]
_(E) Of the Controlling powers of Registrar and Inspector-General_
**68. Power of Registrar to superintend and control Sub-Registrars.—(1) Every Sub-Registrar**
shall perform the duties of his office under the superintendence and control of the Registrar in whose
district the office of such Sub-Registrar is situate.
(2) Every Registrar shall have authority to issue (whether on complaint or otherwise) any order
consistent with this Act which he considers necessary in respect of any act or omission of any SubRegistrar subordinate to him or in respect of the rectification of any error regarding the book or the office
in which any document has been registered.
**69. Power of Inspector-General to superintend registration offices and make rules.—(1) The**
Inspector-General shall exercise a general superintendence over all the registration offices in the
territories under the [1][State Government], and shall have power from time to time to make rules consistent
with this Act—
(a) providing for the safe custody of books, papers and documents; [2]***
3[(aa) providing the manner in which and the safeguards subject to which the books may be kept
in computer floppies or diskettes or in any other electronic form under sub-section (1) of section
16A;]
(b) declaring what language shall be deemed to be commonly used in each district;
(c) declaring what territorial divisions shall be recognized under section 21;
(d) regulating the amount of fines imposed under sections 25 and 34, respectively;
(e) regulating the exercise of the discretion reposed in the registering officer by section 63;
(f) regulating the form in which registering officers are to make memoranda of documents;
1. Subs. by the A.O. 1950, for "Provincial Government".
2. The words “and also for the destruction of such books, papers and documents as need no longer be kept” rep. by Act 5 of 1917,
s. 6 and the Schedule.
3. Ins. by Act 48 of 2001, s. 9 (w.e.f. 24-9-2001).
41
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(g) regulating the authentication by Registrars and Sub-Registrars of the books kept in their
respective offices under section 51;
1[(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88
may be presented for registration;]
(h) declaring the particulars to be contained in Indexes Nos. I, II, III and IV, respectively;
(i) declaring the holidays that shall be observed in the registration offices; and
(j) generally, regulating the proceedings of the Registrars and Sub-Registrars.
(2) The rules so made shall be submitted to the [2] [State Government] for approval, and, after they
have been approved, they shall be published in the [3][Official Gazette], and on publication shall have
effect as if enacted in this Act.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 69.-In sub-section (1) of section 69 of the principal Act,**
(i) in clause (g) after the word and figures "section 51", insert the words "and the manner of
recopying such books on portions thereof",
(ii) after clause (i) insert us under-
"(ii) prescribing the manner in which and the terms subject to which persons who write deeds
outside the precincts of a registration officer, or who frequent the precincts of registration
officers, for the purpose of writing documents may be granted licence and prescribing the fees to
be paid for such licences;
[Vide Karnataka Act 55 of 1976, s. 15]
**Kerala**
**Amendment of section 69.-After clause (b) of sub-section (1) of section 69 of the principal Act, the**
following clause shall be inserted, namely:
“(bb) providing for the grant of licences to document writers, the revocation of such licences the
terms and conditions subject to which and the authority by whom such licences shall be granted and
generally for all purposes connected with the writing of documents to be presented for registration.”
[Vide Kerala Act 2 of 1959, s. 3]
**Himachal Pradesh**
**Amendment of section 69.—**
In section 69 of the principal Act, in sub-section (1), after clause (b), the following clause shall
be inserted, namely:
"(bb) providing for the grant of licences to document writers, the revocation of such licences, the
terms and conditions subject to which, and the authority by whom such licences shall be ranted and
generally for all purposes connected with the writing of the documents to be presented for
registration."
[Vide Himachal Pradesh Act 2 of 1969, s. 7]
**Orissa**
**Amendment of section 69.—In section 69 of the Registration Act, 1908 (16 of 1908), in sub-section**
(1) after clause (b), the following new clause shall be inserted, namely:—
“(bb) providing for the grant of licences, the terms and conditions subject to which and the
authority by whom such licences shall be granted, the exemption of any class of document writers
1. Ins. by Act 39 of 1948, s. 4.
2. Subs. by the A.O. 1950, for "Provincial Government".
3. Subs. by the A.O. 1937, for “Local Official Gazette”.
42
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from the licensing provisions and the conditions subject to which such exemption shall be granted
and generally for all purposes connected with the writing of documents to be presented for
registration.”.
[Vide Orissa Act 11 of 1976, s. 2]
**Tripura**
**Amendment of Section 69.—In section 69 of the principal Act, in sub-section (1) after clause (b), the**
following clause be inserted, namely:
“(bb) providing for the grant and renewal of licences to document writers, the revocation of licences
granted to such writers and generally for all purposes connected with the writers and generally for all
purposes connected with the writing of the documents and with the writing of the true copies of the
documents to be presented for registration”.
[Vide Tripura Act 7 of 1982, s. 13]
**Uttarkhand**
**Insertion of section 69.—In section 69 of the Principal Act, after clause (hh), the following clauses**
shall be inserted, namely:
"(hh-1) regulating the number and manner in which printouts or true copies of documents
and of translation shall be prepared and the Books in which they shall be kept for record;
(hh-2) regulating the form of declaration and the manner of comparison and verification of
the true copies;
(hh-3) regulating the manner in which and safeguards subject to which the Books may be
kept in electronic form."
(2) After section 69 of the Principal Act, the following section shall be inserted, namely:
**"69-A** Notwithstanding anything contained in any other provisions of this Act, the Inspector
General of Registration shall with the prior approval of the State Government, prepare and circulate
standard formats of various kinds of documents for the guidance of the general public, which may be
used with or without modifications.
**Explanation:- Use of a standard format prepared and circulated under this section shall not be a**
prelude to omit the descriptions of the property required under sections 21 and 22.”
# [Vide Uttarakhand Act 24 of 2014, s. 22]
**Uttar Pradesh**
**Amendment of section 69.—In section 69 of the principal Act, after clause (h), the following clauses**
shall be inserted, namely :—
"(hh) regulating the manner in which translations to be delivered under section 19 shall be prepared
and in which they shall be declared to be faithful translations;
(hhh) providing for the grant of licences to document writers, the suspension or revocation of such
licences, the terms and conditions subject to which and the authority by whom such licences shall be
granted, suspended or revoked, and generally for all purposes connected with the drafting or writing by
such document writers of documents to be presented for registration;
(hhhh) regulating the manner of recopying the books kept under section 51 and the Indexes;"
[Vide Uttar Pradesh Act 14 of 1971, s. 5]
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**Rajasthan**
**Amendment of section 69, Act XVI of 1908.- After clause (b) of sub-section (1) of section 69**
of the Indian Registration Act, 1908 (XVI of 1908), the following clause shall be inserted, namely:
"(bb) providing for the grant of licences to document writers, the revocation of such licences,
the terms and conditions subject to which and the authority by whom such licences shall be granted
and generally for all purposes connected with the writing of documents to be presented for
registration."
[Vide Rajasthan Act XVIII of 1953, s. 2]
**Amendment of section 69, Central Act 16 of 1908.-After sub-section(2) of section 69 of the**
principal Act, the following shall be added, namely:
"(3) The Inspector-General shall have power to issue any order consistent with this Act which he
considers necessary in respect of any act or omission of any person subordinate to him or in respect of
rectification of any error regarding the book or the office in which any document has been
registered.".
[Vide Rajasthan Act 18 of 1989, s. 6]
**Gujarat**
**Amendment of section 69 of XVI of 1908.— In the principal Act, in section 69, in sub-section (1), after clause (j),**
the following clause shall be added, namely:
“(k) regulating the procedure for presentation of document, appearance for admission, endorsement, manner of
affixing signature and seal, mode of payment of registration fees and other fees and such other process when the
document is presented by electronic means.”
[Vide Gujarat Act 4 of 2020, s. 6]
**Uttar Pradesh**
**Amendment of section 69.—In section 69 of the Principal Act, in sub-section (1), after clause (d),**
the following clauses shall be inserted, namely :—
“(dd) providing for refund of registration fees paid in excess;
(ddd) providing for recovery of deficiency in registration fees.”]
[Vide Uttar Pardesh Act 48 of 1975, s. 3]
**70. Power of Inspector-General to remit fines.—The Inspector-General may also, in the exercise of**
his discretion, remit wholly or in part the difference between any fine levied under section 25 or section
34, and the amount of the proper registration fee.
PART XII
OF REFUSAL TO REGISTER
**71. Reasons for refusal to register to be recorded.—(1) Every Sub-Registrar refusing to register**
a document, except on the ground that the property to which it relates is not situate within his sub-district,
shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the
words “registration refused” on the document; and, on application made by any person executing or
claiming under the document, shall, without payment and unnecessary delay, give him a copy of the
reasons so recorded.
(2) No registering officer shall accept for registration a document so endorsed unless and until, under
the provisions hereinafter contained, the document is directed to be registered.
**STATE AMENDMENT**
**Kerala**
**Amendment of section 71.—In section 71 of the principal Act, after sub-section (2), the following**
sub-section shall be inserted, namely:—
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"(3) No registering officer shall accept for registration any document involving transfer of
property including contract for sale of immovable property belonging to or vested in the Government
of Kerala or public sector undertakings operating in the State or local self government institutions
unless it is accompanied by a no objection certificate issued by an officer authorised by the State
Government in this behalf.".
[Vide Kerala Act 31 of 2013, s. 3]
**72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other**
**than denial of execution.—(1) Except where the refusal is made on the ground of denial of execution, an**
appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether
the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar
is subordinate, if presented to such Registrar within thirty days from the date of the order; and the
Registrar may reverse or alter such order.
(2) If the order of the Registrar directs the document to be registered and the document is duly
presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey
the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections
58, 59 and 60; and such registration shall take effect as if the document had been registered when it was
first duly presented for registration.
**73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of**
**execution.—(1) When a Sub-Registrar has refused to register a document on the ground that any person**
by whom it purports to be executed, or his representative or assign, denies its execution, any person
claiming under such document, or his representative, assign or agent authorised as aforesaid, may, within
thirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is
subordinate in order to establish his right to have the document registered.
(2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded
under section 71, and the statements in the application shall be verified by the applicant in manner
required by law for the verification of plaints.
**74. Procedure of Registrar on such application.—In such case, and also where such denial as**
aforesaid is made before a Registrar in respect of a document presented for registration to him, the
Registrar shall, as soon as conveniently may be, enquire.—
(a) whether the document has been executed;
(b) whether the requirements of the law for the time being in force have been complied with on
the part of the applicant or person presenting the document for registration, as the case may be, so as
to entitle the document to registration.
**75. Order by Registrar to register and procedure thereon.—(1) If the Registrar finds that the**
document has been executed and that the said requirements have been complied with, he shall order the
document to be registered.
(2) If the document is duly presented for registration within thirty days after the making of such order,
the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the
procedure prescribed in sections 58, 59 and 60.
(3) Such registration shall take effect as if the document had been registered when it was first duly
presented for registration.
(4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the
attendance of witness, and compel them to give evidence, as if he were a Civil Court and he may also
direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall
be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908).
**76. Order of refusal by Registrar.—(1) Every Registrar refusing—**
(a) to register a document except on the ground that the property to which it relates is not situate
within his district or that the document ought to be registered in the office of a Sub-Registrar, or
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(b) to direct the registration of a document under section 72 or section 75,
shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on application
made by any person executing or claiming under the document, shall, without unnecessary delay, give
him a copy of the reasons so recorded.
(2) No appeal lies from any order by a Registrar under this section or section 72.
**77. Suit in case of order of refusal by Registrar.—(1) Where the Registrar refuses to order the**
document to be registered, under section 72 or section 76, any person claiming under such document, or
his representative, assign or agent, may, within thirty days after the making of the order of refusal,
institute in the Civil Court, within the local limits of whose original jurisdiction is situate the office in
which the document is sought to be registered, a suit for a decree directing the document to be registered
in such office if it be duly presented for registration within thirty days after the passing of such decree.
(2) The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, apply
to all documents presented for registration in accordance with any such decree, and, notwithstanding
anything contained in this Act, the documents shall be receivable in evidence in such suit.
PART XIII
OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES
**78. Fees to be fixed by State Government.—[1]*** The [2][State Government] shall prepare a table of**
fees payable—
(a) for the registration of documents;
(b) for searching the registers;
(c) for making or granting copies of reasons, entries or documents, before on or after registration;
and of extra or additional fees payable—
(d) for every registration under section 30;
(e)for the issue of commissions;
(f) for filing translations;
(g) for attending at private residences;
(h) for the safe custody and return of document; and
(i) for such other matters as appear to the Government necessary to effect the purposes of this
Act.
**STATE AMENDMENT**
**Assam**
Insertion of new Section 78A.- In the principal Act, after the existing sections 78, the following new
section 78A shall be inserted, namely:—
“78A. Power to reduce or remit fees.—The State Government may, if in its opinion it is
necessary in the public interest so to do, by order published in the Official Gazette, reduce or remit the
fees payable in respect of any of the matters enumerated in clauses (a) to (i) of section 78, either
generally or for any particular class of cases and in respect of persons generally or of any particular
class or classes of persons, or in respect of any particular class or classes of instruments."
[Vide Assam Act 24 of 2013, s. 2]
1. The words “Subject to the control of the Governor-General in Council” omitted by Act 38 of 1920, s. 2,and the First Schedule.
2. Subs. by the A.O. 1950, for “Provincial Government”.
46
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**Kerala**
**Amendment of section 78.-Section 78 of the principal Act shall be renumbered as sub-section (1) of**
that section, and after sub-section (1) as so renumbered, the following sub-section shall be inserted,
namely:
“(2) The State Government may, if in their opinion it is necessary in the public interest so to do, by
order published in the Official Gazette, remit the fees payable in respect of any of the matters encumbered
in clauses (a) to (i) of sub-section (1), either generally for any particular class or classes of cases and in
respect of persons generally or of any particular class or classes of persons.”
[Vide kerala Act 7 of 1968, s. 14]
**Orissa**
**Insertion of new section 78-A.--After section 78 of the principal Act, the following section shall be**
inserted, namely:—
**“78-A. Power to remit fees.--The State Government, if it is of the opinion that any instrument**
which involves donation of property for public charitable purpose, or involves exchange of land on
the initiative of the State Government in the public interest, may, by order published in the Gazette,
remit the fees payable in respect of any such instrument.”
[Vide Orissa Act 8 of 2002, s. 7]
**Uttarakhand**
**Insertion of section 78-B.—After section 78-A of the Principal Act, the following section shall be**
inserted, namely:-
“78-B (1) The fee for the registration of a document may be charged in the form of adhesive
labels for which the Inspector-General of Registration may, with the prior approval of the State
Government, make rules to regulate supply and sale thereof, the persons by whom alone such sale is
to be conducted and the duties and remuneration of and the fees chargeable from such persons.
(2) The District Registrar may, on an application of a person, make allowance for the spoiled,
misused or unused adhesive labels purchased for the registration of a document is accordance with
the rules made by the Inspector-General of Registration with the prior approval of the State
Government."
[Vide Uttarakhand Act 24 of 2014, s. 23]
**Rajasthan**
**Amendment of section 78, Central Act XVI of 1908.— Section 78 of the principal Act shall be**
renumbered as sub-section (1) thereof and after sub-section (1), as so re-numbered, the following subsection shall be added namely:
"(2) The State Government may, if in its opinion it is necessary in the public interest so to do, by
order published in the official Gazette, remit or reduce the fees payable in respect of any of the
matters enumerated in clauses (a) to (i) of sub-section (1), either generally or for any particular class
or classes of cases and in respect of persons generally or of any particular class or classes of persons."
[Vide Rajasthan Act 16 of 1976, s. 4]
**Uttar Pradesh**
After section 78 of the principal Act, the following section shall be inserted, namely :—
“78A. Power to reduce or, remit fees.—The State Government may by rule or order published in
the official Gazette, reduce or remit, whether prospectively or retrospectively, in the whole or any part of
the territories under its administration, the fees chargeable in respect of any instrument or class of
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instruments, or in respect of any class of instruments when executed by or in favour of the State
Government or any person or class of persons.”
[Vide Uttar Pradesh Act 48 of 1975, s. 4]
**79. Publication of fees.—A table of the fees so payable shall be published in the Official Gazette,**
and a copy thereof in English and the vernacular language of the district shall be exposed to public view
in every registration office.
**80. Fees payable on presentation.—All fees for the registration of documents under this Act shall be**
payable on the presentation of such documents.
**STATE AMENDMENT**
**Kerala**
**Insertion of new section 80 A.—After section 80 of the Registration Act, 1908 (Central Act 16 of**
1908), the following section shall be inserted, namely.—
“80A. Recovery of registration fees in certain cases.—If on inspection or otherwise it is found that
the fee payable under this Act in relation to any document which is registered has not been paid or has
been insufficiently paid or that the fee paid has subsequently been found to be insufficient due to the fact
that the value of the property or the consideration, as the case may be, has not been truly set forth in the
document, such fee or the difference between the fee paid and the fee due, as the case may be, may on a
certificate by the Inspector General of Registration or an officer authorised by him in that behalf, be
recovered from the person who presented such document for registration under section 32, as an arrear of
public revenue due on land under the provisions of the Revenue Recovery Act for the time being in force:
Provided that no such certificate shall be granted unless enquiry in the prescribed manner has been
held and such person has been given a reasonable opportunity of being heard:
Provided further that no such certificate shall be granted after the expiry of a period of three years
from the date of presentation of the document under section 32.”.
[Vide Kerala Act 21 of 1998, s. 2]
**Karnataka**
**Insertion of new section 80A.—After section 80 of the Registration Act, 1908 (Central Act 16 of**
1908) the following section shall be inserted, namely:
“80A. Deficient amount of fees payable and their recovery.—(1) If the value of the property
has been increased under section 45A of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957),
consequential increase in the fee for the registration of documents under this Act shall be paid by the
person liable to pay the same within a period of thirty days from the date, the order determining the
market value of the property is communicated to him.
(2) The fee payable under sub-section (1) may be recovered as an arrear of land revenue.”
[Vide Karnataka Act 28 of 1975, s. 2]
**Karnataka**
Insertion of new Part after Part XIII-After Part XIII of the principal Act, the following Part shall be
inserted, namely:
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**“PART XIII-A**
**OF DEED WRITERS**
**80B. Deed Writers to hold licences.—No person other than an advocate or other legal**
practitioner, shall for payment, write deeds unless he holds a licence granted in accordance with rules
made under section 69".
[Vide Karnataka Act 55 of 1976, s. 16]
**Karnataka**
**Insertion of new section 80A.-After section 80 of the Registration Act, 1908 (Central Act 25 of**
1908), the following section shall be and shall be deemed to have been inserted with effect from the
first day of April, 1972, namely:
"80A. Recovery of registration fee not levied or short levied, etc.--(1) If on inspection or
otherwise, it is found that the fee payable under this Act in relation to any document which is
registered has not been paid or has been insufficiently paid, such fee may, on a certificate of the
Inspector-General of Registration, be recovered from the person who presented such document
for registration, as an arrear of land revenue. The certificate of the Inspector-General shall be
final and shall not be called in question in any court or before any authority:
Provided that no such certificate shall be granted without giving such person,-
(i) an opportunity of being heard; and
(ii) an opportunity to pay the amount of fee found due from him.
(2) If on inspection or otherwise the Inspector-General of Registration finds that the amount
of fees charged and paid under the provisions of this Act is in excess of that which is legally
chargeable, he may, upon an application in writing or otherwise, refund the excess fee so charged
and paid.
(3) Nothing in sub-sections (1) and (2) shall apply to instruments executed prior to first day
of April, 1972."
[Vide Karnataka Act 19 of 1980, s. 2]
**Himachal Pradesh**
**Insertion of new section 80-A.- In the Registration Act, 1908 (16 of 1908) after section 80, the**
following new section along with its heading shall be inserted and shall be deemed always to have
been inserted, namely:
"80-A. Recovery of registration fee as arrears of land revenue and provision for refund.- (l)
If on inspection, or otherwise, it is found that the fee payable under this Act in relation to any
document which is registered has not been paid or has been insufficiently paid, such fee may, after
failure to pay the same on demand within a specified period, on a certificate of the registering
authority concerned, be recovered from the person who presented such document for registration
under section 32 as an arrear of land revenue.
(2) Where the Registrar finds the amount of fee in excess of that which is legally chargeable has
been charged and paid under the provisions of this Act, he may, upon an application in writing or
otherwise, refund the excess."
[Vide Himachal Pradesh Act 1 of 1982, s. 2]
**Orissa**
**Insertion of new section 80-A.—** In the principal Act, after section 80, the following section shall be
inserted namely:—
**“80-A. Recovery of deficient registration fee as arrears of land revenue.—If, on inspection or**
otherwise, it is found that the fee payable under this Act in relation to any document which is registered
49
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has been insufficiently paid, the deficient fee shall, after failure to pay the same on demand within the
prescribed period, be recoverable from the person who presented such document as arrears of land
revenue.”.
[Vide Orissa Act 19 of 1991, s. 3]
**Haryana**
**Insertion of section 80A in Central Act 16 of 1908.—After section 80 of the Registration Act, 1908, the**
following new section shall be inserted, namely:
**"80A. Deficient amounts of fees payable and their recovery.—(1) If the value of the property**
or the consideration, as the case may be, has been increased under section 47A of the Indian Stamp
Act, 1899, the consequential increase in the fee for the registration of documents under this Act, shall
be paid by the person liable to pay the same within a period of thirty days from the date the order of
determination of the value of the property or the consideration, as the case may be, is communicated
to him.
(2) The fee payable under sub-section (1) may be recovered as an arrear of land revenue.".
[Vide Haryana Act 36 of 1973, s. 2]
**Uttar Pradesh**
**Insertion of New section 80-A and 80-B.—After section 80 of the principal Act, the following**
section shall be inserted, namely :—
**“80A. Duty of Collector in proceedings under section 47A of the Indian Stamp Act, 1899.—(1) It**
shall be the duty of the Collector, if he is satisfied, during the proceedings, if any, under section 47A of
the Indian Stamp Act, 1899, that the fee for registration paid under this Act in respect of a document is in
deficit, to determine in the course of such proceedings the deficient amount of fee and to send a copy of
the order made in the proceedings to the registering officer for the recovery of the said amount from the
person liable to pay the deficient amount of stamp duty under the said section.
(2) An order of the Collector under sub-section (1) shall be deemed to be an order made by the
Collector under section 47A of the Indian Stamp Act, 1899 and shall be final.
(3) Any amount recoverable under this section may be recovered as arrears of land revenue.
**80B. Recovery of deficient registration fee as arrears of land revenue and provision for refund**
**for excess.—(1) If on inspection or otherwise, it is found that the fee payable under this Act in relation to**
any document which is registered has not been paid or has been insufficiently paid, such fee may (after
failure to pay the same on demand within the prescribed period), on a certificate of Inspector-General of
Registration, Additional Inspector-General of Registration or Deputy Inspector-General of Registration,
be recovered from the person who presented such document for registration under section 32 as arrears of
land revenue. Such certificate shall be final and shall not be called in question in any court or before any
authority:
Provided that no such certificate shall be granted unless due enquiry is made and such person has
been given an opportunity of being heard.
(2) Where the Inspector-General of Registration finds that the amount of fee charged and paid
exceeds that which is legally chargeable under the provisions of this Act he may, upon an application
in writing or otherwise, refund the excess.”
[Vide Uttar Pradesh Act 48 of 1975, s. 5]
50
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**West Bengal**
**Insertion of new section 80A:— After Part XIII of the main Act, insert the following Parts XIIIA**
and XIIIB, namely:
**PART XIIIA**
**OF TOUTS**
**80A. Powers to frame and publish lists of touts.—(1) Every Registrar of district as regards his own**
office and the offices subordinate thereto and every Sub-Divisional Magistrate as regards the registration
offices within his own jurisdiction may frame and publish lists of persons proved to his satisfaction or to
the satisfaction of any Sub-Registrar as provided in section 80B, by evidence of general repute or
otherwise, habitually to act as touts, and may, from time to time, alter and amend such lists.
(2) No person's name shall be included in any such list until he shall have had an opportunity of
showing cause against such inclusion.
(3) Where the name of any person is included in a list framed and published by a Sub-Divisional
Magistrate under this section, such person may, within thirty days of the publication of the list in which
his name first appears, apply in writing to the Registrar of the district for the removal of his name from
such list and the orders of the Registrar, passed after such inquiry (if any) as he considers necessary, on
such application shall be final.
**80B. Inquiry by Sub-Registrar regarding suspected touts.—Any Registrar of a district or Sub-**
Divisional Magistrate may send to any Sub-Registrar within the jurisdiction of such authority the name of
any person alleged or suspected to be a tout and request the Sub-Registrar to hold an inquiry in regard to
such person; and the Sub-Registrar shall thereupon hold an inquiry into the conduct of that person, and,
after giving him an opportunity of showing cause as provided in sub-section (2) of section 80A, shall
report to the authority who has made the request whether the person has been proved to the satisfaction of
the Sub-Registrar to be a tout; and that authority may include the name of any person who has been so
proved to be a tout in the list of touts framed and published by him under sub-section (1) of section 80A:
Provided that such authority shall hear any such person who, before his name has been so included,
appears before him and desires to be heard.
**80C. Hanging up of lists of touts in registration offices.—A copy of every such list shall be kept**
hung up in every registration office to which the same relates.
**80D. Exclusion of touts from precincts of registration offices.—A registering officer may, by**
general or special order, exclude from the precincts of his registration office any person whose name
is included in any such list.
**80E. Presumption as to touts found within precincts of registration offices.—Every person who**
having been excluded from the precincts of a registration office under section 80D is found within
the precincts of any registration office without written permission from the registering officer, shall be
deemed to be acting as a tout for the purposes of section 82A:
Provided that this section shall not apply where such person is a party to a document intended for
registration at such office or has been directed to appear by any process of the registering officer.
**80F. Arrest and trial of touts.—(1) Any registering officer may, by an order in writing, direct any**
person named in the order to arrest any such tout found within the precincts of the registration office.
Such tout may be arrested accordingly and shall be forthwith produced before the registering officer.
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[(2) If the tout admits his offence the provisions of sections 480 and 481 of the Code of Criminal](javascript:fnOpenLinkPopUp('32607','726070');)
Procedure, 1898, shall be applicable, so far as may be, to his detention, trial and punishment.
[If the tout does not admit his offence the provisions of section 482 of the said Code shall be similarly](javascript:fnOpenLinkPopUp('32607','726072');)
applicable to his detention, trial and punishment,
[(3) A registering officer shall be deemed to be a Civil Court for the purposes of sections](javascript:fnOpenLinkPopUp('32607','726070');)
[480, 481 and 482 of the said Code.](javascript:fnOpenLinkPopUp('32607','726070');)
**PART XIIIB**
**OF DEED-WRITERS**
**80G. Power of Inspector-General to make rules relating to deed-writers.—(1) The Inspector-**
General shall have power, from time to time, to make rules consistent with this Act-
(a) prescribing the manner in which and terms subject to which persons who write documents
outside the precincts of a registration office, or who frequent the precincts of registration offices, for
the purpose of writing documents, may be granted licences;
(b) prescribing the fees (if any) to be paid for such licences; and
(c) declaring the conditions under which persons who write documents outside the precincts of
registration offices without licences shall be deemed to be touts for the purposes of this Act.
(2) The rules so made shall be submitted to the State Government for approval, and, after they have
been approved, they shall be published in the Official Gazette and on publication shall have effect as if
enacted in this Act.]
[Vide Bengal Act 5 of 1942, s. 9]
PART XIV
OF PENALTIES
**81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent**
**to injure.—Every registering officer appointed under this Act and every person employed in his office**
for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of
any document presented or deposited under its provisions, endorses, copies, translates or registers such
document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing
it to be likely that he may thereby cause, injury, as defined in the Indian Penal Code (45 of 1860), to any
person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine,
or with both.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 81.-In section 81 of the principal Act,-**
(i) in the marginal heading, for the words " the registering", the words "registering or filing" shall
be substituted;
(ii) for the words "or registering of any document" the words "registering or filing a true copy of
any document" shall be substituted;
(iii) for the words "or registers such document", the words "registers or files a copy of such
document" shall be substituted.
[Vide Karnataka Act 55 of 1976, s. 17]
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**Kerala**
**Amendment of section 81.-In section 81 of the principal Act,-**
(a) for the words “or registering of any document”, the words “registering, or filing a true copy,
of any document” shall be substituted;
(b) for the words “or registers such document”, the words “registers, or files a true copy of, such
document” shall be substituted.
[Vide Kerala Act 7 of 1968, s. 15]
**Orissa**
**Amendment of section 81.—In the principal Act, in section 81,—**
(a) for the words “ or registering of any document” the words “registering or filing a true copy of
any document” shall be substituted;
(b) for the words “or registers such document”, the words “registers or files a true copy of such
document” shall be substituted.
[Vide Orissa Act 14 of 1989, s. 13]
**Tripura**
**Amendment of section 81.—For section 81 of the principal Act, the following shall be substituted,**
namely:—
“81. Every registering officer appointed under this Act, and every person employed in his office for
the purposes of this Act, who, being charged with the checking, endorsing, reading, examining,
copying, translating, comparing, pasting a true copy, pasting a copy of the translation or registering of
any document presented or deposited under its provisions checks, endorses, reads, examines, copies,
translates, compares, pastes a true copy, pastes a copy of the translation or registers such document in a
manner which he knows or believes to be incorrect intending thereby to cause or knowing it to be likely
that he may thereby cause injury as defined in the Indian Penal Code, to any person, shall be punishable
with imprisonment for a term which may extend to seven years, or with fine, or with both.”
[Vide Tripura Act 7 of 1982, s. 14]
**82. Penalty for making false statements, delivering false copies or translations, false**
**personation, and abetment.—Whoever—**
(a) intentionally makes any false statement, whether on oath or not, and whether it has been
recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under
this Act; or
(b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21,
a false copy or translation of a document, or a false copy of a map or plan; or
(c) falsely personates another, and in such assumed character presents any document, or makes
any admission or statement, or causes any summons or commission to be issued, or does any other act
in any proceeding or enquiry under this Act; or
(d) abets anything made punishable by this Act,
shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with
both.
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**STATE AMENDMENT**
**Karnataka**
**Amendment of section 82.--In clause (b) of section 82 of the principal Act, the following the**
words and figures "under section 19 or section 21", the words "under this Act or the rules made
thereunder" shall be substituted.
[Vide Karnataka Act 55 of 1976, s. 18]
**Insertion of new section 82A,-- After section 82 of the principal Act, the following section shall be**
inserted namely:-
"82A. Penalty in respect of deed writers.-Whoever contravenes the provisions of section 80B or
any term or condition of a licence granted under rules made under section 69, shall be punishable
with imprisonment which may extend to one month or with fine which may extend to two hundred
rupees or with both"]
[Vide Karnataka Act 55 of 1976, s. 19]
**Kerala**
**Amendment of section 82.-In clause (b) of section 82 of the principal Act, for the words and figures**
“section 19 or section 21”, the words “this Act or the rules made thereunder” shall be substituted.
[Vide kerala Act 7 of 1968, s. 16]
**Orissa**
**Amendment of section 82.—** In the principal Act, in clause (b) of section 82, for the words and
figures “section 19 or section 21”, the words “ this Act or the rules under thereunder” shall be substituted.
[Vide Orissa Act 14 of 1989, s. 14]
**Tripura**
**Amendment of Section 82.-For sub-section (b) of section 82 of the principal Act, the following**
shall be substituted, namely:—
“(b) intentionally delivers to a registering Officer, in any proceeding under this Act or the rules
made thereunder, a false copy or translation of a document, or a false copy of a map or plan; or”
[Vide Tripura Act 7 of 1982, s. 15]
**Uttar Pradesh**
**Amendment of section 82.—In section 82 of the principal Act, for clause (b) the following clause**
shall be substituted, namely—
“(b) intentionally delivers to a registering officer, in any proceeding under section 18-A, section 19 or
section 21, a false copy or translation of a document or a false copy of a map or plan or makes a false
declaration ; or.”
[Vide Uttar Pradesh Act 14 of 1971, s. 5]
**83. Registering officers may commence prosecutions.—(1) A prosecution for any offence under**
this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or
with the permission of the Inspector-General, [1]*** the Registrar or the Sub-Registrar, in whose territories,
district or sub-district, as the case may be, the offence has been committed.
(2) Offences punishable under this Act shall be triable by any Court or officer exercising powers not
less than those of a Magistrate of the second class.
1. The words "the Branch Inspector-General of Sindh" omitted by the A.O. 1937.
54
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**STATE AMENDMENT**
**Kerala**
**Insertion of new sections 83A and 83B.—After section 83 of the principal Act, the following**
sections shall be inserted, namely:—
"83A. Cancellation of registered documents in certain cases.—(1) If on enquiry by an officer in
the Registration Department not below the rank of the deputy Inspector General of Registration, it is
found that some one has falsely personated another, and in such assumed character presented, admitted
the execution and got registered any document by a registering officer and the existence of such a
document is detrimental to the interest of another person, the same shall be cancelled by the Inspector
General of Registration on application made to him in such form as may be prescribed.
(2) If on an enquiry conducted by the District Collector _suo motu or on the basis of a complaint_
received by him, it is found that any Government land or land owned by a public sector undertaking, has
been transferred on the strength of a document which is got registered without following the procedure
prescribed in sub-section (3) of section 71, the District Collector may make recommendation to the
Inspector General of Registration to cancel the registration of such document.
(3) On receipt of such recommendation from the District Collector, the Inspector General of
Registration shall have the authority to cancel the registration of such document after following such
procedure as may be prescribed.
**83B. Appeal to Government from orders of the Inspector General of Registration.—Any person**
aggrieved by an order of the Inspector General of Registration under section 83A, may prefer an appeal
before the Government within thirty days from the date of receipt of such order, and the Government
shall pass an order confirming, modifying or cancelling the order of the Inspector General of Registration
as they deem fit.".
[Vide Kerala Act 31 of 2013, s. 4]
**84. Registering officers to be deemed public servants.—(1) Every registering officer appointed**
under this Act shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of
1860).
(2) Every person shall be legally bound to furnish information to such registering officer when
required by him to do so.
(3) In section 228 of the Indian Penal Code (45 of 1860), the words “judicial proceeding” shall be
deemed to include any proceeding under this Act.
PART XV
MISCELLANEOUS
**85. Destruction of unclaimed documents.—Documents (other than wills) remaining unclaimed in**
any registration office for a period exceeding two years may be destroyed.
**86. Registering officer not liable for thing bona fide done or refused in his official capacity.—No**
registering officer shall be liable to any suit, claim or demand by reason of anything in good faith done or
refused in his official capacity.
**87. Nothing so done invalidated by defect in appointment or procedure.—Nothing done in good**
faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid
merely by reason of any defect in his appointment or procedure.
**STATE AMENDMENT**
**Orissa**
**Insertion of new section 87-A (Act 16 of 1908).—** After section 87 of the Indian Registration Act,
1908 (16 of 1908) (hereinafter referred to as the principal Act), the following new section shall be
inserted, namely:-
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# “87-A. Delegation of powers.—The State Government may, by order, delegate all or any of the
powers conferred on them under this Act to the Inspector-General of Registration, who shall exercise the
same subject to such restrictions and conditions as the State Government may impose and they may in
like manner withdraw any power so delegated.”
[Vide Orissa Act 7 of 1964, s. 2]
1[88. Registration of documents executed by Government officers or certain public
**functionaries.—(1) Notwithstanding anything contained in this Act, it shall not be necessary for,—**
(a) any officer of Government, or
(b) any Administrator-General, Official Trustee or Official Assignee, or
(c) the Sheriff, Receiver or Registrar of a High Court, or
(d) the holder for the time being of such other public office as may be specified in a notification
in the Official Gazette issued in that behalf by the State Government,
to appear in person or by agent at any registration office in any proceeding connected with the registration
of any instrument executed by him or in his favour, in his official capacity, or to sign as provided in
section 58.
(2) Any instrument executed by or in favour of an officer of Government or any other person referred
to in sub-section (1) may be presented for registration in such manner as may be prescribed by rules made
under section 69.
(3) The registering officer to whom any instrument is presented for registration under this section
may, if he thinks fit, refer to any Secretary to Government or to such officer of Government or other
person referred to in sub-section (1) for information respecting the same and, on being satisfied of the
execution thereof, shall register the instrument.]
**89. Copies of certain orders, certificates and instruments to be sent to registering officers and**
**filed.—(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883),**
shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the
whole or any part of the land to be improved or of the land to be granted as collateral security, is situate,
and such registering officer shall file the copy in his Book No. 1.
(2) Every Court granting a certificate of sale of immovable property under the Code of Civil
Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local
limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate
is situate, and such officer shall file the copy in his Book No. 1.
(3) Every officer granting a loan under the Agriculturists’ Loans Act, 1884 (12 of 1884), shall send a
copy of any instrument whereby immovable property is mortgaged for the purpose of securing the
repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting
the loan, a copy also or that order, to the registering officer within the local limits of whose jurisdiction
the whole or any part of the property so mortgaged is situate, and such registering officer shall file the
copy or copies as the case may be, in his Book No. 1.
(4) Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold
by public auction shall send a copy of the certificate to the registering officer within the local limits of
whose jurisdiction the whole or any part of the property comprised in the certificate is situate, and such
officer shall file the copy in his Book No. 1.
**STATE AMENDMENT**
**Karnataka**
**Insertion of new section 89A.—After section 89 of the principal Act, the following section shall**
be inserted namely:
1. Subs. by Act 39 of 1948, s. 5, for section 88.
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**“89A. Power to make rules for filing of copies of documents.--(1) The State Government may**
make rules for all purposes connected with the filing of true copies of documents in the appropriate
books under this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the furnishing of true copies of documents by the person presenting the documents for
registration;
(b) the manner in which true copies of documents shall be prepared; and
(c) the manner of filing of such copies.
(3) All rules made under this section shall be published in the Official Gazette, and unless they
are expressed to come into force on a particular day, shall come into force on the day on which they
are so published.
(4) Every rule made under this section shall be laid as soon as may be after it is made, before each
House of the State Legislature while it is in session for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so however,
that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule."
[Vide Karnataka Act 55 of 1976, s. 20]
**Kerala**
**Amendment of section 89.-In section 89 of the principal Act, -**
(a) sub-section (1) and (3) shall be omitted.
(b) after sub-section (4), the following sub-sections shall be inserted, namely:
“(5) Every court passing
(a) any decree or order creating, declaring, transferring, limiting or extinguishing and right, title
or interest to or in immovable property in favour of or of any person, or
(b) an order for the attachment of immovable property or of the release of any immovable
property from attachment,
Shall send a copy of such decree or order together with a memorandum describing the property, as far as
may be practicable in the manner required by section 21, to the registering officer within the local limits
of whose jurisdiction the whole or any part of the immovable property comprised in such decree or order
is situate, and such officer shall file the copy and memorandum in his Book No. 1.
(6) Every officer issuing a written demand before the attachment of the immovable property of a
defaulter under the Revenue Recovery Act of the time being in force shall
(a) send a copy of such written demand together with a memorandum describing the property, as
far as may be practicable in the manner required by section 21; and
(b) where such written demand is withdrawn or attachment of the property is lifted or the
property is sold and the sale is confirmed, send a memorandum indicating that fact and describing the
property, as far as may be practicable in the manner required by section 21,
to the registering officer within the local limits of whose jurisdiction the whole or any party of the
immovable property to which the written demand relates is situate and such registering officer shall fiel
the copy of the written demand and the memoranda I his Book No. 1.”
[Vide Kerala Act 7 of 1968, s. 17]
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**Insertion of new section 89A.-After section 89 of the principal Act, the following section shall be**
inserted, namely:
“89A. Power to make rules for filing of true copies of documents.--(1) The State Government
may make rules for all purposes connected with the filing of true copies of documents in the
appropriate books under this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the manner in which true copies of documents shall be prepared; and
(b) the manner of filing such copies.
(3) All rules made under this section shall be published in the Official Gazette and unless they are
expressed to come into force on a particular day, shall come into force on the day on which they are so
published.
(4) Every rule made under this section shall be laid as soon as may be after it is made, before the
Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in
one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or
the session immediately following, the Legislative Assembly makes any modification in the rule or
decides that rule should not be made, the rule thereafter have effect only in such modified form or be of
no effect as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule."
[Vide kerala Act 7 of 1968, s. 18]
**Orissa**
**Insertion** **of new section 89A (Act 16 of 1908).—After section 89 of the Indian Registration Act,**
1908 (16 of 1908), the following new section shall be inserted, namely:—
“89-A. Duty of Collector in proceedings under section 47-A of the Indian Stamps Act, 1899
(2 of 1899).--(1) It shall be the duty of the Collector, if he is satisfied during the proceedings, if any,
under section 47-A of the Indian Stamp Act, 1899 (2 of 1899) that the fees for registration paid under
this Act in respect of a document is in deficit, to determine in the course of such proceedings the
deficient amount of fees and to send a copy of the order made in the proceedings to the registering
officer for recovery of the said amount from the person liable to pay the deficient amount of stamp
duty under the said section; and all amounts recoverable as aforesaid may be recovered as arrears of
land revenue.
(2) An order of the Collector under sub-section (1) shall be deemed to be an order made by the
Collector under section 47-A of the Indian Stamp Act, 1899 (2 of 1899) and shall be final subject to
the decision in appeal, if any, under sub-section (3) of the said section.
[Vide Orissa Act 17 of 1966, s. 2]
**Orissa**
**Insertion** **of new section 89.— In the principal Act, after section 89-A, the following section shall**
be inserted, namely:—
**“89-B. Power of State Government to make rules.-(1) The State Government may, by**
notification in the official Gazette, make rules for all purposes connected with the filing of true copies
of documents in the appropriate books under this Act.
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(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for,—
(a) the furnishing of true copies of documents by the person presenting the documents for
registration;
(b) the furnishing of true copies of documents by the person presenting the documents for
registration;
(c) the manner of filing such copies.”.
[Vide Orissa Act 14 of 1989, s. 15]
**Orissa**
**Amendment of section 89-A.--In Section 89-A of the principal Act, in Sub-section (1), for the words**
"and to send a copy of the order made in the proceedings to the registering officer for the recovery of the
said amount", the words "and to recover the said amount of fees along with the deficient amount of stamp
duty" shall be substituted.
[Vide Orissa Act 8 of 2002, s. 8]
**Uttarakhand**
**Amendment of section 89.—Sub-section (1), (2), (3) and (4) of section 89 of the Principal Act shall**
be substituted as follows; namely:
“(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (XIX of 1883)
shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the
whole, or any part of the land to be improved, or the land to be granted as collated security, is situate,
and such registering officer shall take a similar action on it as taken on a document admitted to
registration under sub-section (1) of section 61.
(2) Every Court granting a certificate of sale of immovable property under the Code of Civil
Procedure, 1908 (V of 1908), shall send a copy of such certificate to the registering officer within the
local limits of whose jurisdiction the whole or any part of the immoveable property, comprised in
such certificate, is situate and such officer shall take a similar action on it as taken on a document
admitted to registration under sub-section (1) of section 61.
(3) Every officer granting a loan under the Agriculturists Loans Act, 1884 (XII of 1884) shall
send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing
the repayment of the loan and if any such property is mortgaged for the same purpose, in the order
granting the loan, a copy, also the order, to the registering officer within the local limits of whose
jurisdiction, the whole or any part of the property mortgaged is situate and such registering officer
shall take a similar action on it as taken on a document admitted to registration under sub-section (1)
of section 61.
(4) Every Revenue Officer granting a certificate of sale to the purchase of immovable property,
sold by public auction, shall send a copy of the certificate to the registering officer, within the local
limits of whose jurisdiction, the whole or any part of the property comprised in the certificate is
situate and such officer shall take a similar action on it as taken on a document admitted to
registration under sub-section (1) of section 61.”
[Vide Uttarakhand Act 24 of 2019, s. 24]
**Rajasthan**
**Amendment of section 89, Central Act XVI of 1908.-In section 89 of the principal Act, after sub-**
section (4), the following sub-section shall be added, namely:
"(5) Every Bank granting a loan to an agriculturist for agricultural purposes, shall send within such time
and in such manner as may be prescribed, a copy of any instrument whereby immovable property is
mortgaged for the purpose of securing repayment of the loan, to the registering officer within the local
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limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such
registering officer shall file the copy in his Book No. 1.
Explanation.- F or the purpose of sub-section (5),
(a) the expression ''every bank" shall mean
(i) a banking company as defined in the Banking Regulation Act, 1949;
(ii) the State Bank of India constituted under the State Bank of India Act, 1955;
(iii) a subsidiary bank as defined in the State Bank of India (Subsidiary Bank) Act, 1959
(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and
Transfer of Undertaking) Act, 1970;
(y) a banking institution notified by the Central Government under section 51 of the Banking
Regulation Act, 1949;
(vi) the Agricultural Refinance Corporation constituted under the Agricultural Re-finance
Corporation Act, 1963;
(vii) Agro-Industries Corporation ;
(viii) Agricultural Finance Corporation Ltd.; a company incorporated under the Companies
Act, 1956; and
(ix) any other financial institution notified by the State government in the Official Gazette as
a bank for the purpose of this Act.
(b) the word "agriculturist" shall have the meaning assigned to it in sub-section ( 3) of section 5
of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955).
[Vide Rajasthan Act 16 of 1976, s. 5]
**Gujarat**
**Insertion of new sections 89A, 89B, 89C and 89D in XVI of 1908.— In the principal Act, after section 89,**
the following sections shall be inserted, namely:
“89A. Copies of court **decrees,** **attachment orders, etc., to be** **sent to** **Registering** **Officers and**
**filed in registers.—Every court passing,--**
(a) any decree or order creating, declaring, transferring, limiting or extinguishing any right, title or
interest to or in immovable property in favour of any person, or
(b) an order to interim attachment or attachment of immovable property or for the release of any
immovable property from such attachment shall, in accordance with the rules made in this behalf,
shall send a copy of such decree or order together with a memorandum describing the property as
far as may be practicable, in the manner required by section 21, to the Registering Officer within the
local limits of whose jurisdiction the whole or any part of the immovable property comprised in such
decree or order, is situated, and such officer shall file the copy of the memorandum in his Book No 1:
Provided that, where the immovable property is situated within the local limits of the jurisdiction
of more than one Registering Officer, the procedure specified in clauses (a) and (b) of this sub-section
shall be followed in respect of the property within the jurisdiction of each of such officer.
(2) Every officer issuing a certificate of sale or a written demand before the attachment of the
immovable property of a defaulter under the provisions of any law relating to Revenue Recovery for the
time being in force including the Revenue Recovery Act, 1890, shall,
(a) send a copy of such certificate of sale or written demand together with a memorandum
describing the property, as far as may be practicable, in the manner required by section 21;
(b) where such written demand is withdrawn or attachment of property is lifted or the property
sold and sale is confirmed, send a memorandum indicating that fact and describing that property, as
far as may be practicable, in the manner required section 21, to the Registering Officer within the
local limits of whose jurisdiction the whole or any part of the immovable property to which the
written demand is situate, and such registering officer shall file a copy of the written demand and
memorandum in his Book No 1:
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Provided that, where the immovable property is situate within the local limits of the jurisdiction of
more than one Registering Officer, the procedure specified in clauses (a) and (b) of this sub-section shall be
followed in respect of the property within the jurisdiction of each of such officers.
“89B. **Notice to be sent to** **Registering** **Officers by** **mortgag or in case of** **mortgage by**
**depositing title deeds and** **provisions for** **compensation in favour of** **subsequent transferee.—(l)**
Every person who has mortgaged immovable property by way of mortgage by depositing title deeds under
clause (f) of section 58 of the Transfer of Property Act, 1882 (4 of 1882) shall, within 30 days from the
date of mortgaged, file a notice of intimation of his having so mortgaged the property giving details of his
name and address, name and address of mortgagee, date of mortgage, amount received under the
mortgage, rate of interest payable, list of documents deposited, and description of the immovable property
in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction
the whole or any part of the property is situated, and the said officer shall file the same in his cook No 1:
Provided that if the property so mortgaged falls within the jurisdiction of more than one registering
officer, the procedure specified in this sub-section shall be followed in respect of property within the
jurisdiction of each of sum officers.
(2) If, the person who has mortgaged the property as aforesaid fails to file a notice within 30 days as referred
to in sub-section (1) before the registering officer or officers, as the case may be and enters into any
transaction in relation to of affecting the immovable property which is subject matter of the mortgage,
with a third party, such a transaction shall be void and the third party shall be entitled to refund any amount
paid by him together with interest at twelve per cent. from the date of payment and also to compensation for
any damages suffered by him, from the transferor.
(3) The amount recoverable by such transferee as specified in sub-section (2) shall be a charge on the
interest of the mortgagor, in the mortgaged property:
Provided that, nothing in this section shall apply to the instruments of agreement relating to mortgage
by deposit of title deeds which are duly registered under the provisions of this Act.
**89C. Punishment for failure to file notice under section 89B.—Any person who fails to file a notice**
under section 89B to the registering officer along with fees, within the period specified in that section, shall
be punished with imprisonment for a term which shall not be less than one years but which may be for a
term which may be extend up to three years and shall also be liable to fine.
**89D. Power to make** **rules for filing of** **true copies of documents** **notices referred in** **sections 89A**
**and** **89B.-—(1) The State Government in any, by notification in the Official Gazette,** make rules for
carrying out the purposes of section 89A and section 89B.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide
for,
(a) the manner in which notices or the copies of documents shall be prepared, and
(b) the manner of filing of the notices or true copies.
(3) All rules made under this section shall, be laid for not less than thirty days before the State
Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature
or to such modifications as the Strife Legislature may make, during the session in which they are so laid or the
session immediately following.
(4) Any rescission or modification so made by the State Legislature shall be published in the Official
Gazette and shall thereupon take effect.
[Vide Gujarat Act 4 of 2020, s. 7]
_Exemption from Act_
**90. Exemption of certain documents executed by or in u of Government.—(1) Nothing contained**
in this Act or in the Indian Registration Act, 1877 (3 of 1877), or in the Indian Registration Act, 1871 (8
of 1871), or in any Act thereby repealed, shall be deemed to require, or to have at any time required, the
registration of any of the following documents or maps, namely:—
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(a) documents issued, received or attested by any officer engaged in making a settlement or
revision or settlement of land-revenue, and which form part of the records of such settlement; or
(b) documents and maps issued, received or authenticated by any officer engaged on behalf of
Government in making or revising the survey of any land, and which form part of the record of such
survey; or
(c) documents which, under any law for the time being in force, are filed periodically in any
revenue office by patwaris or other officers charged with the preparation of village records; or
(d) sanads, inam, title-deeds and other documents purporting to be or to evidence grants or
assignments by Government of land or of any interest in land; or
(e)notices given under section 74 or section 76 of the Bombay Land-Revenue Code, 1879
(Bomb. 5 of 1879), or relinquishment of occupancy by occupants, or of alienated land by holders of
such land.
(2) All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have
been and to be registered in accordance with the provisions of this Act.
**91. Inspection and copies of such documents.—[1][(1)] Subject to such rules and the previous**
payment of such fees as the [2][[3][State Government], by notification in the Official Gazette, prescribes in
this behalf], all documents and maps mentioned in section 90, clauses (a), (b), (c), and (e), and all
registers of the documents mentioned in clause (d), shall be open to the inspection of any person applying
to inspect the same, and, subject as aforesaid, copies of such documents shall be given to all persons
applying for such copies.
4[(2) Every rule prescribed under this sub-section or made under section 69 shall be laid, as soon as it
is made, before the State Legislature.]
**STATE AMENDMENT**
**Tripura**
**Insertion of new section 91A.-After section 91 of the principal Act, the following new section**
shall be inserted, namely:
91-A. (1) The State Government may, by notification in the Official Gazette, make rules for all
purposes connected with the pasting of true copies of documents in the appropriate Books under this
Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the furnishing of true copies of documents by the person presenting the document for
registration;
(b) the manner in which true copies of documents shall be prepared;
(c) the manner in which the true copies of documents shall be compared with the original
documents after the same are admitted to registration ; and
(d) the manner of pasting such copies.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before the
Legislative Assembly of Tripura, while it is in session for a total period of not less than fourteen days
which may be comprised in one session or in two or more successive sessions, and if, before the expiry
of the session in which it is so laid or the successive sessions in which it is so laid or the successive
sessions aforesaid, the Legislative Assembly agrees in making any modification in the rule or the
1. Section 91 renumbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and Schedule.
2. Subs. by the A.O. 1950, for “Provincial Government”.
3. Subs., ibid., for “State Government prescribes in this behalf”.
4. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984).
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Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be or no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.
[Vide Tripura Act 7 of 1982, s. 16].
**92. [Burmese registration-rules confirmed]** _Rep._ _by the Government of India (Adaptation of Indian_
_Laws) Order, 1937._
**93. [Repeals] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.**
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THE SCHEDULE. [Repeal of Enactments].Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the
_Schedule._
________
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|
12-Mar-1909 | 03 | The Presidency-Towns Insolvency Act, 1909 | https://www.indiacode.nic.in/bitstream/123456789/19722/1/a1909-03.pdf | central | # THE PRESIDENCY-TOWNS INSOLVENCY ACT, 1909
________
ARRANGEMENT OF SECTIONS
________
PRELIMINARY
SECTIONS.
1. Short title and commencement.
2. Definitions.
PART I
CONSTITUTION AND POWERS OF COURT
_Jurisdiction_
3. Courts having jurisdiction in insolvency.
4. Jurisdiction to be exercised by a single Judge.
5. Exercise of jurisdiction in chambers.
6. Delegation of powers to officers to officers of Court.
7. Power of Court to decide all questions arising in insolvency.
Appeals
8. Appeals in insolvency.
PART II
PROCEEDINGS FROM ACT OF INSOLVENCY TO DISCHARGE
_Acts of insolvency_
9. Acts of insolvency .
_Order of adjudication_
10. Power to adjudicate.
11. Restrictions on jurisdiction.
12. Conditions on which creditor may petition.
13. Proceedings and order on creditors petition.
14. Conditions on which debtor may petition.
15. Proceedings and order on debtors petition.
16. Discretionary powers as to appointment of inter in receiver.
17. Effect of order of adjudication.
18. Stay of proceedings.
18A. Control over insolvency proceedings in subordinate Courts.
19. Power to appoint special manager.
20. Advertisement of order of adjudication.
_Annulment of adjudication_
21. Power for Court to annul adjudication in certain cases.
22. Concurrent proceedings in Courts in India.
23. Proceedings on annulment.
1
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_Proceedings consequent on order of adjudication_
SECTIONS.
24. Insolvents schedule.
25. Protection order.
26. Meeting of creditors.
27. Public examination of the insolvent.
_Composition and schemes of arrangement_
28. Submission of proposal and acceptance by creditors.
29. Approval of proposal by Court.
30. Order on approval.
31. Power to re-adjudge debtor insolvent.
32. Limitation of effect of composition or scheme.
_Control over person and property of insolvent_
33. Duties of insolvent as to discovery and realization of property.
34. Arrest of insolvent.
35. Redirection of letters.
36. Discovery of Insolvents property.
37. Power to issue commissions.
_Discharge of insolvent_
38. Discharge of insolvent.
39. Cases in which the Court must refuse an absolute discharge.
40. Hearing of application for discharge.
41. Power to annul adjudication on failure to apply for discharge.
42. Renewal of application and variation of terms of order.
43. Duty of discharged insolvent to assist in realization of property.
44. Fraudulent settlements.
45. Effect of order of discharge.
PART III
# ADMINISTRATION OF PROPERTY
_Proof of debts_
46. Debts provable in insolvency.
47. Mutual dealings and set-off.
48. Rules to proof of debts.
49. Priority of debts.
50. Rent due before adjudication.
_Property available for payment of debts_
51. Relation of assignees title.
52. Description of insolvents property divisible amongst creditors.
_Effect of insolvency on antecedent transactions_
53. Restriction of rights of creditor under execution.
54. Avoidance of voluntary transfer.
55. Duties of Court executing decree as to property taken in execution.
56. Avoidance of preference in certain cases.
57. Protection of bona fide transactions.
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_Realization of property_
SECTIONS
58. Possession of property by official assignee.
59. Seizure of property of insolvent.
60. Appropriation of portion of pay or other income to creditors.
61. Vesting and transfer of property.
62. Disclaimer of onerous property.
63. Disclaimer of leaseholds.
64. Power to call on official assignee to disclaim.
65. Power for Court to rescind contract.
66. Power for Court to make vesting order in respect of disclaimed property.
67. Persons injured by disclaimer may prove.
68. Duty and powers of official assignee as to realization.
_Distribution of property_
69. Declaration and distribution of dividends.
70. Joint and separate properties.
71. Calculation of dividends.
72. Right of creditor who has not proved debt before declaration of a dividend.
73. Final dividend.
74. No suit for dividend.
75. Power to allow insolvent to manage property, and allowance to insolvent for maintenance or
service.
76. Right of insolvent so surplus.
PART IV
OFFICIAL ASSIGNEES
77. Appointment and removal of official assignees of insolvents estate.
78. Power to administer oath.
79. Duties as regards the insolvents conduct.
80. Duty to furnish list of creditors.
81. Remuneration.
82. Misfeasance.
83. Name under which to sue or be sued.
84. Office vacated by insolvency.
85. Discretionary powers and control thereof.
86. Appeal to Court.
87. Control of Court.
PART V
COMMITTEE OF INSPECTION
88. Committee of inspection.
89. Control of committee of inspection over official assignee.
PART VI
# PROCEDURE
90. Power of the Court.
91. Consolidation of petitions.
92. Power to change carriage of petition.
93. Continuance of proceedings on death of debtor.
94. Power to stay proceedings.
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SECTIONS.
95. Power to present petition against a partner.
96. Power to dismiss petition against some respondents only.
97. Separate insolvency petitions against partners.
98. Suits by official assignee and insolvents partners.
99. Proceedings in partnership name.
100. Warrants of Insolvency Courts.
PART VII
# LIMITATION
101. Limitation of appeals.
101A. Exclusion of time in computation of period of limitation in certain cases.
PART VIII
# PENALTIES
102. Undischarged insolvent obtaining credit.
103. Punishment of insolvent for certain offences.
103A. Disqualifications of insolvent.
104. Procedure on charge under section 103.
105. Criminal liability after discharge or composition.
PART IX
SMALL INSOLVENCIES
106. Summary administration in small cases.
PART X
# SPECIAL PROVISIONS
107. Exemption of corporation, etc., from insolvency proceedings.
108. Administration in insolvency of estate of person dying insolvent.
109. Vesting of estate and mode of administration.
110. Payments or transfer by legal representatives.
111. Saving of jurisdiction of Administrator-General.
PART XI
# RULES
112. Rules.
113. Sanction to rules.
114. Publication of Rules.
PART XII
# SUPPLEMENTAL
115. Exemption from duty of transfers, etc., under this Act.
116. The Gazette to be evidence.
117. Swearing of affidavits.
118. Formal defect not to invalidate proceedings.
119. Formal defect not to invalidate proceedings.
120. Certain provisions to bind the Government.
121. Certain provisions to bind the Government.
122. Lapse and credit to Government of unclaimed dividends.
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123. Claims to monies credited to Government under section 122.
124. Access to insolvents book.
125. Fees and percentages.
126. Courts to be auxiliary to each other.
127. Saving.
THE FIRST SCHEDULE .–– MEETINGS OF CREDITORS.
THE SECOND SCHEDULE.–– PROOF OF DEBTS.
THE THIRD SCHEDULE.–– [Repealed.]
5
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# THE PRESIDENCY-TOWNS INSOLVENCY ACT, 1909
[ACT NO. 3 OF 1909[1]]
[12th _March, 1909.]_
# An Act to amend the Law of Insolvency in the Presidency towns [2]***
WHEREAS it is expedient to amend the law relating to insolvency in the Presidency-towns [3]***;
It is hereby enacted as follows :––
PRELIMINARY
**1. Short title and commencement.––(1) This Act may be called the Presidency-towns Insolvency**
Act, 1909.
(2) It shall come into force on the first day of January 1910.
**2. Definitions.––In this Act, unless there is anything repugnant in the subject or context,––**
(a) “creditor” includes a decree-holder;
(b) “debt” includes a judgment-debt, and “debtor” includes a judgment-debtor;
[4]* * * * * *
(c) “official assignee” includes an acting official assignee[5][and a deputy official assignee, whether
permanent or acting];
(d) “prescribed” means prescribed by rules;
(e) “property” includes any property over which or the profits of which any person has a disposing
power which he may exercise for his own benefit;
(f) “rules” means rules made under this Act;
(g) “secured creditor” includes a landlord who under any enactment for the time being in force has
a charge on land for the rent of that land;
(h) “the Court” means the Court exercising jurisdiction under this Act;[6]* * *
(i) “transfer of property” includes a transfer of any interest therein and any charge created thereon;
7[(j) “States” means all the territories 8[which immediately before the 1stNovember, 1956, were
comprised] within Part A States and Part C States.]
PART I
CONSTITUTION AND POWERS OF COURT
_Jurisdiction_
**3. Courts having jurisdiction in insolvency.––The Courts having jurisdiction in insolvency under**
this Act shall be [9][the High Courts at Calcutta, Madras and Bombay].
1. The Act has been amended in Bombay by Bom. Acts 20 of 1933 and 15 of 1939; in Bengal by Ben. Act 18 of 1936 ; and in
Madras by Mad. Act 5 of 1943.
2. The words “and the town of Rangoon” omitted by the A.O. 1937.
3. The words “and the town of Karachi” omitted by the A.O.1948.The words “towns of Rangoon and Karachi” had been
subs. for “town of Rangoon” by Act 9 of 1926, s.2, and the words “town of” had been subs. for “towns of Rangoon and”
by the A.O.1937;
4. Cls. (bb) and (bbb), ins. by Act 9 of 1926, s.3, omitted by the A.O.1948.
5. Ins. by Act 10 of 1930, s.2.
6. The word “and” omitted by Act 58 of 1960, s.3 and Schdule II.
7. Cl.(j) ins. by the A.O.1950.
8. Subs. by the Adaptation of Laws (No.2) Order, 1956, for “for the time being comprised”.
9. Subs. by the A.O.1948 for the original cls.(a) and (b) as amended by Act 9 of 1926, s.4, and the A.O.1937.
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**4. Jurisdiction to be exercised by a single Judge.––All matters in respect of which jurisdiction is**
given by this Act shall be ordinarily transacted and disposed of by or under the direction of one of the
Judges of the Court, and the Chief Justice [1]* * * shall, from time to time, assign a Judge for that purpose.
**5. Exercise of jurisdiction in chambers.––Subject to the provisions of this Act and of rules, the**
Judge of a Court exercising jurisdiction in insolvency may exercise in chambers the whole or any part of
his jurisdiction.
**6. Delegation of powers to officers to officers of Court.–– (1) The Chief Justice** [1]* * * may, from
time to time, direct that, in any matters in respect of which jurisdiction is given to the Court by this Act,
an officer of the Court appointed by him in this behalf shall have all or any of the powers in this section
mentioned; and any order made or act done by such officer in the exercise of the said powers shall be
deemed the order or act of the Court.
(2) The powers referred to in sub-section (1) are the following, namely:—
(a) to hear insolvency petitions presented by debtors, and to make orders of adjudication thereon;
(b) to hold the public examination of insolvents;
(c) to make any order or exercise any jurisdiction which is prescribed as proper to be made or
exercised in chambers;
(d) to hear and determine any unopposed or ex-parte application;
(e) to examine any person summoned by the Court under section 36.
(3) An officer appointed under this section shall not have power to commit for contempt of Court.
**7. Power of Court to decide all questions arising in insolvency.––** Subject to the provisions of this
Act, the Court shall have full power to decide all questions of priorities, and all other questions
whatsoever, whether of law or fact, which may arise in any case of insolvency coming within the
cognizance of the Court, or which the Court may deem it expedient or necessary to decide for the purpose
of doing complete justice or making a complete distribution of property in any such case:
2[Provided that, unless all the parties otherwise agree, the power hereby given shall, for the purpose
of deciding any matter arising under section 36, be exercised only in the manner and to the extent
provided in that section.]
**_Appeals_**
**8. Appeals in insolvency.––** (1) The Court may review, rescind or vary any order made by it under its
insolvency jurisdiction.
(2) Orders in insolvency matters shall, at the instance of any person aggrieved, be subject to appeal as
follows, namely:—
(a) an appeal from an order made by an officer of the Court empowered under section 6 shall lie to
the Judge assigned under section 4 for the transaction and disposal of matters in insolvency and no
further appeal shall lie except by leave of such Judge;
(b) save as otherwise provided in clause (a), an appeal from an order made by a Judge in the
exercise of the jurisdiction conferred by this Act shall lie in the same way and be subject to the same
provisions as an appeal from an order made by a Judge in the exercise of the ordinary original civil
jurisdiction of the Court.
1. The words “or Judicial Commissioner” omitted by the A.O.1948.
2. Ins. by Act 19 of 1927, Section.2.
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PART II
PROCEEDINGS FROM ACT OF INSOLVENCY TO DISCHARGE
ACTS OF INSOLVENCY
**9. Acts of insolvency.––[1][(1)] A debtor commits an act of insolvency in each of the following cases,**
namely:—
(a) if, in the states or elsewhere, he makes a transfer of all or substantially all his property to a third
person for the benefit of his creditors generally;
(b) if, in the States or elsewhere, he makes a transfer of his property or of any part thereof with
intent to defeat or delay his creditors;
(c) if, in the States or elsewhere, he makes any transfer of his property or of any part thereof, which
would, under this or any other enactment for the time being in force, be void as a fraudulent
preference if he were adjudged an insolvent;
(d) if, with intent to defeat or delay his creditors,—
(i) he departs or remains out of the States,
(ii) he departs from his dwelling-house or usual place of business or otherwise absents himself,
(iii) he secludes himself so as to deprive his creditors of the means of communicating with him;
(e) if any of his property has been sold or attached for a period of not less than twenty-one days in
execution of the decree of any Court for the payment of money;
(f) if he petitions to be adjudged an insolvent;
(g) if he gives notice to any of his creditors that he has suspended, or that he is about to suspend,
payment of his debts;
(h) if he is imprisoned in execution of the decree of any Court for the payment of money.[2]
3[(2) Without prejudice to the provisions of sub-section (1), a debtor commits an act of insolvency if a
creditor, who has obtained a decree or order against him for the payment of money (being a decree or
order which has become final and the execution whereof has not been stayed), has served on him a notice
(hereafter in this section referred to as the insolvency notice) as provided in sub-section(3) and the debtor
does not comply with that notice within the period specified therin:
Provided that where a debtor makes an application under sub-section (5) for setting aside an
insolvency notice—
(a) In a case where such application is allowed by the Court, he shall not be deemed to have
committed an act of insolvency under this sub-section ; and
(b) In a case where such application is rejected by the Court, he shall be deemed to have committed
an act of insolvency under this sub-section on the date of rejection of the application or the expiry of
the period specified in the insolvency notice for its compliance, whichever is later:
Provided further that no insolvency notice shall be served on a debtor residing. whether
permanently or temporarily, outside India, unless the creditor obtains the leave of the Court therfor.
(3) An insolvency notice under sub-section (2) shall—
(a) be in the prescribed form ;
(b) be served in the prescribed manner ;
1. s. 9 re-numbered as sub-section (I) thereof by Act 28 of 1978, s.2 (w.e.f. 1-9-1979).
2. For cl.(i) and the proviso, applicable to Bombay only, see the Presidency-towns Insolvency and the Provincial Insolvency
(Bombay Amendment) Act, 1939 (Bom.15 of 1939), s.2.
3. Ins. By Act 28 of 1978, s.2 (w.e.f.1-9-1979).
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(c) specify the amount due under the decree or order and require the debtor to pay the same or to
furnish security for the payment of such amount to the satisfaction of the creditor or his agent;
(d) specify for its compliance a period of not less than one month after its service on the debtor or,
if it is to be served on a debtor residing, whether permanently or temporarily, outside India, such
period (being not less than one month) as may be specified by the order of the Court granting leave for
the service of such notice;
(e) state the consequences of non-compliance with the notice.
(4) No insolvency notice shall be deemed to be invalid by reason only that the sum specified therein as
the amount due under the decree or order exceeds the amount actually due, unless the debtor, within the
period specified in the insolvency notice for its compliance, gives notice to the creditor that the sum
specified in the insolvency notice does not correctly represent the amount due under the decree or order:
Provided that if the debtor does not give any such notice as aforesaid, he shall be deemed to have
complied with the insolvency notice if, within the period specified therein for its compliance, he takes
such steps as would have constituted a compliance with the insolvency notice had the actual amount due
been correctly specified therein.
(5) Any person served with an insolvency notice may, within the period specified therein for its
compliance, apply to the Court to set aside the insolvency notice on any of the following grounds,
namely:—
(a) that he has a counter-claim or set off against the creditor which is equal to or is in excess of the
amount due under the decree or order and which he could not, under any law for the time being in
force, prefer in the suit or proceeding in which the decree or order was passed;
(b) that he is entitled to have the decree or order set aside under any law providing for the relief of
indebtedness and that—
(i) he has made an application before the competent authority under such law for the setting
aside of the decree or order; or
(ii) the time allowed for the making of such application has not expired;
(c) that the decree or order is not executable under the provisions of any law referred to in
clause (b) on the date of the application.]
_Explanation. —For the purposes of this section, the act of an agent may be the act of the principal,_
even though the agent have no specific authority to commit the act.[1]
_Order of adjudication_
**10. Power to adjudicate.–– Subject to the conditions specified in this Act, if a debtor commits an act**
of insolvency, an insolvency petition may be presented either by a creditor or by the debtor, and the Court
may on such petition make an order (hereinafter called an order of adjudication) adjudging him an
insolvent.
_Explanation.—The presentation of a petition by the debtor shall be deemed an act of insolvency_
within the meaning of this section, and on such petition the Court may make an order of adjudication.
**11. Restrictions on jurisdiction.––The Court shall not have jurisdiction to make an order of**
adjudication, unless—
(a) the debtor is, at the time of the presentation of the insolvency petition, imprisoned in execution
of the decree of a Court for the payment of money in any prison to which debtors are ordinarily
committed by the Court in the exercise of its ordinary original jurisdiction; or
(b) the debtor, within a year before the date of the presentation of the insolvency petition, has
ordinarily resided or had a dwelling-house or has carried on business either in person or through an
agent within the limits of the ordinary original civil jurisdiction of the Court; or
1. For s.9A, applicable to Bombay only, see the presidency-towns Insolvency and the Provincial insolvency (Bombay
Amendment) Act,1939 (Bom. 15 of 1939), s.2.
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(c) the debtor personally works for gain within those limits; or
(d) in the case of a petition by or against a firm of debtors the firm has carried on business within a
year before the date of the presentation of the insolvency petition within those limits.
**12. Conditions on which creditor may petition.––(1) A creditor shall not be entitled to present an**
insolvency petition against a debtor unless—
(a) the debt owing by the debtor to the creditor, or, if two or more creditors join in the petition, the
aggregate amount of debts owing to such creditors, amounts to five hundred rupees, and
(b) the debt is a liquidated sum payable either immediately or at some certain future time, and
(c) the act of insolvency on which the petition is grounded has occurred within three months before
the presentation of the petition:
1[Provided that where the said period of three months referred to in clause (c) expires on a day
when the Court is closed, the insolvency petition may be presented on the day on which the Court
reopens].
(2) If the petitioning creditor is a secured creditor, he shall in his petition either state that he is willing
to relinquish his security for the benefit of the creditors in the event of the debtor being adjudged
insolvent or give an estimate of the value of the security. In the latter case he may be admitted as a
petitioning creditor to the extent of the balance of the debt due to him after deducting the value so
estimated in the same way as if he were an unsecured creditor.
**13. Proceedings and order on creditors petition.––(1) A creditor's petition shall be verified by**
affidavit of the creditor, or of some person on his behalf having knowledge of the facts.
(2) At the hearing the Court shall require proof of—
(a) the debt of the petitioning creditor, and
(b) the act of insolvency, or, if more than one act of insolvency is alleged in the petition, some one
of the alleged acts of insolvency.
(3) The Court may adjourn the hearing of the petition and order service thereof on the debtor.
(4) The Court shall dismiss the petition—
(a) if it is not satisfied with the proof of the facts referred to in sub-section (2); or
(b) if the debtor appears and satisfies the Court that he is able to pay his debts, or that he has not
committed an act of insolvency or that for other sufficient cause no order ought to be made.
(5) The Court may make an order of adjudication if it is satisfied with the proof above referred to, or if
on a hearing adjourned under sub-section (3) the debtor does not appear and service of the petition on
him is proved, unless in its opinion the petition ought to have been presented before some other Court
having insolvency jurisdiction.
(6) Where the debtor appears on the petition and denies that he is indebted to the petitioner, or that he
is indebted to such an amount as would justify the petitioner in presenting a petition against him, the
Court, on such security (if any) being given as the Court may require for payment to the petitioner of any
debt which may be established against the debtor in due course of law, and of the costs of establishing the
debt, may, instead of dismissing the petition, stay all proceedings on the petition for such time as may be
require a for trial of the question relating to the debt.
(7) Where proceedings are stayed, the Court may, if by reason of the delay caused by the stay of
proceedings or for any other cause it thinks just, make an order of adjudication on the petition of some
other creditor, and shall thereupon dismiss, on such terms as it thinks just, the petition on which
proceedings have been stayed as aforesaid.
(8) A creditor's petition shall not, after presentation, be withdrawn without the leave of the Court.
1. Added by Act 3 of 1950, s.2.
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**14. Conditions on which debtor may petition.––[1][(1)] A debtor shall not be entitled to present an**
insolvency petition unless—
(a) his debts amount to five hundred rupees, or
(b) he has been arrested and imprisoned in execution of the decree of any Court for the payment of
money, or
(c) an order of attachment in execution of such a decree has been made and is subsisting against his
property.
2[(2) A debtor in respect of whom an order of adjudication, whether made under this Act or under the
Provincial Insolvency Act, 1920(5 of 1920), has been annulled owing to his failure to apply or to
prosecute an application for his discharge shall not be entitled to present an insolvency petition without
the leave of the Court by which the order of adjudication was annulled. Such Court shall not grant leave
unless it is satisfied either that the debtor was prevented by any reasonable cause from presenting or
prosecuting his application, as the case may be, or that the petition is founded on facts substantially
different from those contained in the petition on which the order of adjudication was made.]
**15. Proceedings and order on debtors petition.–– (1) A debtor's petition shall allege that the debtor**
is unable to pay his debts, and, if the debtor proves that he is entitled to present the petition, the Court
may thereupon make an order of adjudication, unless in its opinion the petition ought to have been
presented before some other Court having insolvency jurisdiction.
(2) A debtor's petition shall not, after presentation, be withdrawn without the leave of the Court.
[3][(3) On the making of the order admitting his petition a debtor shall—
(a) unless the Court otherwise directs, produce all his books of account, and
(b) file such lists of creditors and debtors and afford such assistance to the Court as may be
prescribed,
failing which the Court may dismiss his petition.]
**16. Discretionary powers as to appointment of inter in receiver.––The Court may, if it is shown to**
be necessary for the protection of the estate, at any time after the presentation of an insolvency petition
and before an order of adjudication is made, appoint the official assignee to be interim receiver of the
property of the debtor, or of any part thereof, and direct him to take immediate possession thereof or any
part thereof, and the official assignee shall thereupon have such of the powers conferrable on a receiver
appointed under the Code of Civil Procedure, 1908 (5 of 1908), as may be prescribed.
**17. Effect of order of adjudication.––On the making of an order of adjudication, the property of the**
insolvent wherever situate shall vest in the official assignee and shall become divisible among his
creditors, and thereafter, except as directed by this Act, no creditor to whom the insolvent is indebted in
respect of any debt provable in insolvency shall, during the pendency of the insolvency proceedings, have
any remedy against the property of the insolvent in respect of the debt or shall commence any suit or
other legal proceeding except with the leave of the Court and on such terms as the Court may impose:
Provided that this section shall not affect the power of any secured creditor to realize or otherwise
deal with his security in the same manner as he would have been entitled to realize or deal with it if this
section had not been passed.
**18.** **Stay of proceedings.––(1) The Court may, at any time after the making of an order of**
adjudication, stay any suit or other proceeding pending against the insolvent before any Judge or Judges
of the Court or in any other Court subject to the superintendence of the Court.
(2) An order made under sub-section (1) may be served by sending a copy thereof, under the seal of
the Court, by post to the address for service of the plaintiff or other party prosecuting such suit or
1. The original s.14 was renumbered as sub-section (1) of that section by Act 11 of 1927, s. 2.
2. Ins. by s.2, ibid.
3. Ins. by Act 19 of 1927, Section 3.
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proceeding, and notice of such order shall be sent to the Court before which the suit or proceeding is
pending.
(3) Any Court in which proceedings are pending against a debtor may, on proof that an order of
adjudication has been made against him under this Act, either stay the proceedings or allow them to
continue on such terms as it may think just.
**1[18A. Control over insolvency proceedings in subordinate Courts.–– (1) The Court may, at any**
time after the presentation of an insolvency petition, stay any insolvency proceedings pending against the
debtor in any Court subject to the superintendence of the Court, and may, at any time after the making of
an order of adjudication, annul an adjudication against the debtor made by any such Court.
(2) Where an adjudication is annulled under sub-section (1), all sales and dispositions of property and
payments duly made and all acts done by the Court whose order is annulled, or by the receiver appointed
by it or other person acting under his authority, shall be valid, but the property vested in such Court or
receiver shall vest in the official assignee, and the Court may make such direction in regard to the custody
of such property as it thinks fit.
(3) Notice of the order annulling an adjudication under subsection (1) shall be published in the
Official Gazette and in such other manner as may be prescribed.]
**19. Power to appoint special manager.–– (1) If in any case the Court, having regard to the nature of**
the debtor's estate or business or to the interests of the creditors generally, is of opinion that a special
manager of the estate or business ought to be appointed to assist the official assignee, the Court may
appoint a manager thereof accordingly to act for such time as the Court may authorize, and to have such
powers of the official assignee as may be entrusted to him by the official assignee or as the Court may
direct.
(2) The special manager shall give security and furnish accounts in such manner as the Court may
direct, and shall receive such remuneration as the Court may determine.
**20. Advertisement of order of adjudication.––Notice of every order of adjudication, stating the**
name, address and description of the insolvent, the date of the adjudication, the Court by which the
adjudication is made and the date of presentation of the petition, shall be published [2]* * * in the Official
Gazette and in such other manner as may be prescribed.
_Annulment of adjudication_
**21. Power for Court to annul adjudication in certain cases.––(1) Where, in the opinion of the**
Court, a debtor ought not to have been adjudged insolvent, or where it is proved to the satisfaction of the
Court that the debts of the insolvent are paid in full, [3][the Court shall, on the application of any person
interested,] by order annul the adjudication [4][and the Court may, of its own motion or on application
made by the official assignee or any creditor, annul any adjudication made on the petition of a debtor who
was, by reason of the provisions of sub-section (2) of section 14, not entitled to present such petition].
(2) For the purposes of this section, any debt disputed by a debtor shall be considered as paid in full, if
the debtor enters into a bond, in such sum and with such sureties as the Court approves, to pay the
amount to be recovered in any proceeding for the recovery of or concerning the debt, with costs, and any
debt due to a creditor who cannot be found or cannot be identified shall be considered as paid in full if
paid into Court.
**22. Concurrent proceedings in Courts in India.––** Where it is proved to the satisfaction of the Court
that insolvency proceedings are pending in any other [5][Court in India] whether within or without the
States against the same debtor and that the property of the debtor can be more conveniently distributed by
such other Court, the Court may annul the adjudication or may stay all proceedings thereon.
1. Ins. by Act 10 of 1930, s.3.
2. The words “in the Gazette of India and” rep. by the A.O.1937.
3. Subs. by Act 3 of 1950, s.3, for “the Court may, on the application of any person interested”.
4. Ins. by Act 11 of 1927, s.3.
5. Subs. by the A.O.1950 for “British Court”.
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**23. Proceedings on annulment.–– (1) Where an adjudication is annulled, all sales and dispositions of**
property and payments duly made, and all acts theretofore done, by the official assignee or other person
acting under his authority, or by the Court, shall be valid, but the property of the debtor who was
adjudged insolvent shall vest in such person as the Court may appoint, or, in default of any such
appointment, shall revert to the debtor to the extent of his right or interest therein on such terms and
subject to such conditions (if any) as the Court may declare by order.
(2) Where a debtor has been released from custody under the provisions of this Act and the order of
adjudication is annulled as aforesaid, the Court may, if it thinks fit, recommit the debtor to his former
custody, and the jailor or keeper of the prison to whose custody such debtor is so recommitted shall
receive such debtor into his custody according to such recommitment, and thereupon all processes which
were in force against the person of such debtor at the time of such release as aforesaid shall be deemed to
be still in force against him as if such order had not been made.
(3) Notice of the order annulling an adjudication shall be published [1]*** in the Official Gazette and in
such other manner as may be prescribed.
**24. Insolvents schedule.––(1) Where an order of adjudication is made against a debtor, he shall**
prepare and submit to the Court a schedule verified by affidavit, in such form and containing such
particulars of and in relation to his affairs as may be prescribed.
(2) The schedule shall be so submitted within the following times, namely:—
(a) if the order is made on the petition of the debtor, within thirty days from the date of the order,
(b) if the order is made on the petition of a creditor, within thirty days from the date of service of
the order.
(3) If the insolvent fails, without reasonable excuse, to comply with the requirements of this section,
the Court may, on the application of the official assignee or of any creditor, make an order for his
committal to the civil prison.
(4) If the insolvent fails to prepare and submit any such schedule as aforesaid, the official assignee
may, at the expense of the estate, cause such a schedule to be prepared in manner prescribed.
**25. Protection order.––(1) Any insolvent who shall have submitted his schedule as aforesaid may**
apply to the Court for protection, and the Court may, on such application, make an order for the
protection of the insolvent from arrest or detention.
(2) A protection order may apply either to all the debts mentioned in the schedule or to any of them as
the Court may think proper, and may commence and take effect at and for such time as the Court may
direct and may be revoked or renewed as the Court may think fit.
(3) A protection order shall protect the insolvent from being arrested or detained in prison for any debt
to which such order shall apply, and any insolvent arrested or detained contrary to the terms of such order
shall be entitled to his release:
Provided that no such order shall operate to prejudice the right of any creditor in the event of such
order being revoked or the adjudication annulled.
(4) Any creditor shall be entitled to appear and oppose the grant of a protection order, but the
insolvent shall be prima facie entitled to such order on production of a certificate signed by the official
assignee that he has so far conformed to the provisions of this Act.
(5) The Court may make a protection order before an insolvent has submitted his schedule if it thinks
it necessary to do so in the interests of the creditors.
**26. Meeting of creditors.––(1) At any time after the making of an order of adjudication against an**
insolvent, the Court, on the application of a creditor or of the official assignee, may direct that a meeting
of creditors shall be held to consider the circumstances of the insolvency and the insolvent's schedule and
his explanation thereof and generally as to the mode of dealing with the property of the insolvent.
1. The words “in the Gazette of India and” rep. by the A.O.1937.
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(2) With respect to the summoning of and proceedings at a meeting of creditors the rules in the First
Schedule shall be observed.
**27. Public examination of the insolvent.––(1) Where the Court makes an order of adjudication it**
shall hold a public sitting on a day to be appointed by the Court, of which notice shall be given to
creditors in the prescribed manner, for the examination of the insolvent, and the insolvent shall attend
thereat, and shall be examined as to his conduct, dealings and property.
(2) The examination shall be held as soon as conveniently may be after the expiration of the time for
the filing of the insolvent's schedule.
(3) Any creditor who has tendered a proof or a legal practitioner on his behalf may question the
insolvent concerning his affairs and the causes of his failure.
(4) The official assignee shall take part in the examination of the insolvent; and for the purpose
thereof, subject to such directions as the Court may give, may be represented by a legal practitioner.
(5) The Court may put such questions to the insolvent as it may think expedient.
(6) The insolvent shall be examined upon oath, and it shall be his duty to answer all such questions as
the Court may put or allow to be put to him. Such notes of the examination as the Court thinks proper
shall be taken down in writing and shall be read over either to or by the insolvent and signed by him, and
may thereafter be used in evidence against him and shall be open to the inspection of any creditor at all
reasonable times.
(7) When the Court is of opinion that the affairs of the insolvent have been sufficiently investigated, it
shall, by order, declare that his examination is concluded, but such order shall not preclude the Court
from directing further examination of the insolvent whenever it may deem fit to do so.
(8) Where the insolvent is a lunatic or suffers from any such mental or physical affliction or disability
as in the opinion of the Court makes him unfit to attend his public examination, or is a woman who
according to the customs and manners of the country ought not to be compelled to appear in public, the
Court may make an order dispensing with such examination, or directing that the insolvent be examined
on such terms, in such manner and at such place as to the Court seems expedient.
_Composition and schemes of arrangement_
**28. Submission of proposal and acceptance by creditors.––(1) An insolvent may at any time after**
the making of an order of adjudication submit a proposal for a composition in satisfaction of his debts or
a proposal for a scheme of arrangement of his affairs in the prescribed form, and such proposal shall be
submitted by the official assignee to a meeting of creditors.
(2) The official assignee shall send to each creditor who is mentioned in the schedule, or who has
tendered a proof before the meeting, a copy of the insolvent's proposals with a report thereon, and if on
the consideration of such proposal the majority in number and three-fourths in value of all the creditors
whose debts are proved resolve to accept the proposal, the same shall be deemed to be duly accepted by
the creditors.
(3) The insolvent may at the meeting amend the terms of his proposal if the amendment is in the
opinion of the official assignee calculated to benefit the general body of creditors.
(4) Any creditor who has proved his debt may assent to or dissent from the proposal by a letter, in the
prescribed form, addressed to the official assignee so as to be received by him not later than the day
preceding the meeting, and any such assent or dissent shall have effect as if the creditor had been present
and had voted at the meeting.
**29. Approval of proposal by Court.–– (1) The insolvent or the official assignee may after the**
proposal is accepted by the creditors apply to the Court to approve it, and notice of the time appointed for
hearing the application shall be given to each creditor who has proved.
(2) Except where an estate is being summarily administered or special leave of the Court has been
obtained, the application shall not be heard until after the conclusion of the public examination of the
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insolvent. Any creditor who has proved may be heard by the Court in opposition to the application
notwithstanding that he may at a meeting of creditors have voted for the acceptance of the proposal.
(3) The Court shall before approving the proposal hear a report of the official assignee as to the terms
thereof and as to the conduct of the insolvent and any objections which may be made by or on behalf of
any creditor.
(4) Where the Court is of opinion that the terms of the proposal are not reasonable or are not
calculated to benefit the general body of creditors or in any case in which the Court is required to refuse
the insolvent's discharge, the Court shall refuse to approve the proposal.
(5) Where any facts are proved on proof of which the Court would be required either to refuse,
suspend or attach conditions to the debtor's discharge, the Court shall refuse to approve the proposal
unless it provides reasonable security for payment of not less than four annas in the rupee on all the
unsecured debts provable against the debtor's estate.
(6) No composition or scheme shall be approved by the Court which does not provide for the payment
in priority to other debts of all debts directed to be so paid in the distribution of the property of an
insolvent.
(7) In any other case the Court may either approve or refuse to approve the proposal.
**30. Order on approval.–– If the Court approves the proposal, the terms shall be embodied in an order**
of the Court, and an order shall be made annulling the adjudication, and the provisions of section 23,
sub-sections (1) and (3), shall thereupon apply, and the composition or scheme shall be binding on all the
creditors so far as relates to any debt due to them from the insolvent and provable in insolvency.
(2) The provisions of the composition or scheme may be enforced by the Court on application by any
person interested, and any disobedience of an order of the Court made on the application shall be deemed
a contempt of Court.
**31. Power to re-adjudge debtor insolvent.––(1) If default is made in the payment of any installment**
due in pursuance of any composition or scheme, approved as aforesaid, or if it appears to the Court that
the composition or scheme cannot proceed without injustice or undue delay or that the approval of the
Court was obtained by fraud, the Court may, if it thinks fit, on application by any person interested, readjudge the debtor insolvent and annul the composition or scheme, and the property of the debtor shall
thereupon vest in the official assignee but without prejudice to the validity of any transfer or payment
duly made or of anything duly done under or in pursuance of the composition or scheme.
(2) Where a debtor is re-adjudged insolvent under sub-section (1), all debts provable in other respects
which have been contracted before the date of such re-adjudication shall be provable in the insolvency.
**32. Limitation of effect of composition or scheme.––** Notwithstanding the acceptance and approval
of a composition or scheme, the composition or scheme shall not be binding on any creditor so far as
regards a debt or liability from which, under the provisions of this Act, the insolvent would not be
discharged by an order of discharge in insolvency, unless the creditor assents to the composition or
scheme.
_Control over person and property of insolvent_
**33. Duties of insolvent as to discovery and realization of property.––(1) Every insolvent shall,**
unless prevented by sickness or other sufficient cause, attend any meeting of his creditors which the
official assignee may require him to attend, and shall submit, to such examination and give such
information as the meeting may require.
(2) The insolvent shall—
(a) give such inventory of his property, such list of his creditors and debtors, and of the debts due
to and from them respectively,
(b) submit to such examination in respect of his property or his creditors,
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(c) wait at such times and places on the official assignee or special manager,
(d) execute such powers-of-attorney, transfers and instruments, and
(e) generally do all such acts and things in relation to his property and the distribution of the
proceeds amongst his creditors.
as may be required by the official assignee or special manager or may be prescribed or be directed by
the Court by any special order or orders made in reference to any particular case, or made on the occasion
of any special application by the official assignee or special manager, or any creditor or person interested.
(3) The insolvent shall aid, to the utmost of his power, in the realization of his property and the
distribution of the proceeds among his creditors.
(4) If the insolvent willfully fails to perform the duties imposed upon him by this section, or to deliver
up possession to the official assignee of any part of his property, which is divisible amongst his creditors
under this Act and which is for the time being in his possession or under his control, he shall, in addition
to any other punishment to which he may be subject, be guilty of a contempt of Court, and may be
punished accordingly.
**34. Arrest of insolvent.––(1) The Court may, either of its own motion or at the instance of the**
official assignee or of any creditor, by warrant addressed to any police-officer or prescribed officer of the
Court, cause an insolvent to be arrested, and committed to the civil prison or if in prison to be detained
until such time as the Court may order, under the following circumstances, namely:—
(a) if it appears to the Court that there is probable reason for believing that he has absconded or is
about to abscond with a view of avoiding examination in respect of his affairs, or of otherwise
avoiding, delaying or embarrassing proceedings in insolvency against him; or
(b) if it appears to the Court that there is probable reason for believing that he is about to remove
his property with a view of preventing or delaying possession being taken of it by the official
assignee, or that there is probable reason for believing that he has concealed or is about to conceal or
destroy any of his property or any books, documents or writings which might be of use to his creditors
in the course of his insolvency; or
(c) if he removes any property in his possession above the value of fifty rupees without the leave of
the official assignee.
(2) No payment or composition made or security given after arrest made under this section shall be
exempt from the provisions of this Act relating to fraudulent preferences.
**35. Redirection of letters.––Where the official assignee has been appointed interim receiver or an**
order of adjudication is made, the Court, on the application of the official assignee, may, from time to
time, order that for such time, not exceeding three months, as the Court thinks fit, all post letters, whether
registered or unregistered, parcels and money orders addressed to the debtor at any place or places
mentioned in the order for redirection, shall be re-directed or delivered by the Postal authorities in the
States, to the official assignee, or otherwise as the Court directs; and the same shall be done accordingly.
**36. Discovery of Insolvents property.––(1) The Court may, on the application of the official assignee**
or of any creditor who has proved his debt, at any time after an order of adjudication has been made,
summon before it in such manner as may be prescribed the insolvent or any person known or suspected to
have in his possession any property belonging to the insolvent, or supposed to be indebted to the
insolvent, or any person whom the Court may deem capable of giving information respecting the
insolvent, his dealings or property; and the Court may require any such person to produce any documents
in his custody or power refining to the insolvent, his dealings or property.
(2) If any person so summoned, after having been tendered a reasonable sum, refuses to come before
the Court at the time appointed, or refuses to produce any such document, having no lawful impediment
made known to the Court at the time of its sitting and allowed by it, the Court may, by warrant, cause him
to be apprehended and brought up for examination.
(3) The Court may examine any person so brought before it concerning the insolvent, his dealings or
property, and such person may be represented by a legal practitioner.
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(4) [1][If on his examination any such person admits] that he is indebted to the insolvent, the Court may,
on the application of the official assignee, order him to pay to the official assignee, at such time and in
such manner as to the Court seems expedient, the amount in which he is indebted, or any part thereof,
either in full discharge of the whole amount or not, as the Court thinks fit, with or without costs of the
examination.
(5) [1][If on his examination any such person admits] that he has in his possession any property
belonging to the insolvent, the Court may, on the application of the official assignee, order him to deliver
to the official assignee that property, or any part thereof at such time, in such manner and on such terms
as to the Court may seem just.
(6) Orders made under sub-sections (4) and (5) shall be executed in the same manner as decrees for
the payment of money or for the delivery of property under the Code of Civil Procedure, 1908
(5 of 1908), respectively.
(7) Any person making any payment or delivery in pursuance of an order made under sub-section (4)
or sub-section (5) shall by such payment or delivery be discharged from all liability whatsoever in respect
of such debt or property.
**37. Power to issue commissions.––The Court shall have the same powers to issue commissions and**
letters of request for the examination on commission or otherwise of any person liable to examination
under section 36 as it has for the examination of witnesses under the Code of Civil Procedure, 1908
(5 of 1908).
_Discharge of insolvent_
**38. Discharge of insolvent.–– (1) An insolvent may, at any time after the order of adjudication, apply**
to the Court for an order of discharge, and the Court shall appoint a day for hearing the application, but,
save where the public examination of the insolvent has been dispensed with under the provisions of this
Act, the application shall not be heard until after such examination has been concluded. The application
shall be heard in open Court.
(2) On the hearing of the application, the Court shall take into consideration any report of the official
assignee as to the insolvent's conduct and affairs, and, subject to the provisions of section 39, may—
(a) grant or refuse an absolute order of discharge, or
(b) suspend the operation of the order for a specified time, or
(c) grant an order of discharge subject to any conditions with respect to any earnings or income
which may afterwards become due to the insolvent, or with respect to his after acquired property.
**39. Cases in which the Court must refuse an absolute discharge.–– (1) The Court shall refuse the**
discharge in all cases where the insolvent has committed any offence under this Act, or under sections
421 to 424 of the Indian Penal Code,1860(45 of 1860), and shall, on proof of any of the facts hereinafter
mentioned, either—
(a) refuse the discharge; or
(b) suspend the discharge for a specified time; or
(c) suspend the discharge until a dividend of not less than four annas in the rupee has been paid to
the creditors; or
(d) require the insolvent as a condition of his discharge to consent to a decree being passed against
him in favour of the official assignee for any balance or part of any balance of the debts provable
under the insolvency which is not satisfied at the date of his discharge; such balance or part of any
balance of the debts to be paid out of the future earnings or after-acquired property of the insolvent in
such manner and subject to such conditions as the Court may direct; but in that case the decree shall
not be executed without leave of the Court, which leave may be given on proof that the insolvent has
since his discharge acquired property or income available for payment of his debts.
1. Subs. by Act 19 of 1927, s. 4, for “ If, on the examination of any such person, the Court is satisfied”.
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(2) The facts hereinbefore referred to are—
(a) that the insolvent's assets are not of a value equal to four annas in the rupee on the amount of
his unsecured liabilities, unless he satisfies the Court that the fact that the assets are not of such value
has arisen from circumstances for which he cannot justly be held responsible;
(b) that the insolvent has omitted to keep such books of account as are usual and proper in the
business carried on by him and as sufficiently disclose his business transactions and financial position
within the three years immediately preceding his insolvency;
(c) that the insolvent has continued to trade after knowing himself to be insolvent;
(d) that the insolvent has contracted any debt provable under this Act without having at the time of
contracting it any reasonable or probable ground of expectation (the burden of proving which shall lie
on him) that he would be able to pay it;
(e) that the insolvent has failed to account satisfactorily for any loss of assets or for any deficiency
of assets to meet his liabilities;
(f) that the insolvent has brought on or contributed to his insolvency by rash or hazardous
speculations or by unjustifiable extravagance in living or by gambling, or by culpable neglect of his
business affairs;
(g) that the insolvent has put any of his creditors to unnecessary expense by a frivolous or
vexatious defence to any suit properly brought against him;
(h) that the insolvent has within three months preceding the time of presentation of the petition
incurred unjustifiable expense by bringing a frivolous or vexatious suit;
(i) that the insolvent has within three months preceding the date of the presentation of the petition,
when unable to pay his debts as they become due, given an undue preference to any of his creditors;
(j) that the insolvent has concealed or removed his books or his property or any part thereof or has
been guilty of any other fraud or fraudulent breach of trust.
(3) The power of suspending and of attaching conditions to an insolvent's discharge may be exercised
concurrently.
(4) On any application for discharge the report of the official assignee shall be prima facie evidence
and the Court may presume the correctness of any statement contained therein.
**40. Hearing of application for discharge.–– Notice of the appointment by the Court of the day for**
hearing the application for discharge shall be published in the prescribed manner and sent one month at
least before the day so appointed to each creditor who has proved, and the Court may hear the official
assignee and may also hear any creditor. At the hearing, the Court may put such questions to the
insolvent and receive such evidence as it may think fit.
**41. Power to annul adjudication on failure to apply for discharge.–– If an insolvent does not**
appear on the day so appointed for hearing his application for discharge or if an insolvent shall not apply
to the Court for an order of discharge within such time as may for be prescribed, the Court, on the
application of the official assignee or of a creditor or of its own motion, may annul the adjudication or
make such other order as it may think fit, and the provisions of section 23 shall apply on such annulment.
**42. Renewal of application and variation of terms of order.––(1) Where the Court refuses the**
discharge of the insolvent it may, after such time and in such circumstances as may be prescribed, permit
him to renew his application.
(2) Where an order of discharge is made subject to conditions and at any time after the expiration of
two years from the date of the order the insolvent shall satisfy the Court that there is no reasonable
probability of his being in a position to comply with the terms of such order, the Court may modify the
terms of the order, or of any substituted order, in such manner and upon such conditions as it may think
fit.
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**43. Duty of discharged insolvent to assist in realization of property.––A discharged insolvent**
shall, notwithstanding his discharge, give such assistance as the official assignee may require in the
realization and distribution of such of his property as is vested in the official assignee, and, if he fails to
do so, shall be guilty of a contempt of Court; and the Court may also, if it thinks fit, revoke his discharge,
but without prejudice to the validity of any sale, disposition or payment duly made or thing duly done
subsequent to the discharge, but before its revocation.
**44. Fraudulent settlements.–– In either of the following cases, that is to say :—**
(1) in the case of a settlement made before and in consideration of marriage where the settlor is not at
the time of making the settlement able to pay all his debts without the aid of the property comprised in
the settlement; or
(2) in the case of any covenant or contract made in consideration of marriage for the future settlement
on or for the settlor's wife or children of any money or property wherein he had not at the date of his
marriage any estate or interest (not being money or property of or in right of his wife);
if the settlor is adjudged insolvent or compounds or arranges with his creditors, and it appears to the
Court that the settlement, covenant or contract was made in order to defeat or delay creditors, or was
unjustifiable having regard to the state of the settlor's affairs at the time when it was made, the Court may
refuse or suspend an order of discharge or grant an order subject to conditions or refuse to approve a
composition or arrangement.
**45. Effect of order of discharge.–– (1) An order of discharge shall not release the insolvent from—**
(a) any debt due to the Government;
(b) any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he
was a party; or
(c) any debt or liability in respect of which he has obtained forbearance by any fraud to which he
was a party; or
(d) any liability under an order for maintenance made under section 488 of the Code of Criminal
Procedure, 1898(5 of 1908).
(2) Save as otherwise provided by sub-section (1), an order of discharge shall release the insolvent
from all debts provable in insolvency.
(3) An order of discharge shall be conclusive evidence of the insolvency, and of the validity of the
proceedings therein.
(4) An order of discharge shall not release any person who at the date of the presentation of the
petition was a partner or co-trustee with the insolvent or was jointly bound or had made any joint contract
with him, or any person who was surety or in the nature of a surety for him.
PART III
ADMINISTRATION OF PROPERTY
_Proof of debts_
**46. Debts provable in insolvency.––(1) Demands in the nature of unliquidated damages arising**
otherwise than by reason of a contract or breach of trust shall not be provable in insolvency.
(2) A person having notice of the presentation of any insolvency petition by or against the debtor shall
not prove for any debt or liability contracted by the debtor subsequently to the date of his so having
notice.
(3) Save as provided by sub-sections (1) and (2), all debts and liabilities, present or future, certain or
contingent, to which the debtor is subject when he is adjudged an insolvent or to which he may become
subject before his discharge by reason of any obligation incurred before the date of such adjudication,
shall be deemed to be debts provable in insolvency.
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(4) An estimate shall be made by the official assignee of the value of any debt or liability provable as
aforesaid which by reason of its being subject to any contingency or contingencies, or for any other
reason, does not bear a certain value:
Provided that if in his opinion the value of the debt or liability is incapable of being fairly estimated,
he shall issue a certificate to that effect, and thereupon the debt or liability shall be deemed to be a debt
not provable in insolvency.
_Explanation.—For the purposes of this section "liability" includes any compensation for work or_
labour done, any obligation or possibility of an obligation to pay money or money's worth on the breach
of any express or implied covenant, contract, agreement or undertaking, whether the breach does or does
not occur, or is or is not likely to occur or capable of occurring, before the discharge of the debtor, and
generally it includes any express or implied engagement, agreement or undertaking to pay, or capable of
resulting in the payment of, money or money's worth, whether the payment is, as respects amount, fixed
or unliquidated; as respects time, present or future, certain or dependent on any contingency or
contingencies; as to mode of valuation, capable of being ascertained by fixed rules, or as matter of
opinion.
**47. Mutual dealings and set-off.–– Where there have been mutual dealings between an insolvent and**
a creditor proving or claiming to prove a debt under this Act, an account shall be taken of what is due
from the one party to the other in respect of such mutual dealings, and the sum due from the one party
shall be set off against any sum due from the other party, and the balance of the account, and no more,
shall be claimed or paid on either side respectively:
Provided that a person shall not be entitled under this section to claim the benefits of any set-off
against the property of an insolvent in any case where he had at the time of giving credit to the insolvent
notice of the presentation of any insolvency petition by or against him.
**48. Rules as to proof of debts.–– With respect to the mode of proving debts, the right of proof by**
secured and other creditors, the admission and rejection of proofs, and the other matters referred to in the
Second Schedule, the rules in that Schedule shall be observed.
**49. Priority of debts.–– (1) In the distribution of the property of the insolvent there shall be paid in**
priority to all other debts —
(a) all debts due to the Government or to any local authority;
(b) all salary or wages of any clerk, servant or labourer in respect of services rendered to the
insolvent during four months before the date of the presentation of the petition, not exceeding three
hundred rupees for each such clerk, and one hundred rupees for each such servant or labourer; and
(c) rent due to a landlord from the insolvent: provided the amount payable under this clause shall
not exceed one month's rent.
(2) The debts specified in sub-section (1) shall rank equally between themselves, and shall be paid in
full, unless the property of the insolvent is insufficient to meet them, in which case they shall abate in
equal proportions between themselves.
(3) Subject to the retention of such sums as may be necessary for the expenses of administration or
otherwise, the debts specified in sub-section (1) shall be discharged forthwith in so far as the property of
the insolvent is sufficient to meet them.
(4) In the case of partners, the partnership property shall be applicable in the first instance in payment
of the partnership debts and the separate property of each partner shall be applicable in the first instance
in payment of his separate debts. Where there is a surplus of the separate property of the partners, it shall
be dealt with as part of the partnership property; and where there is a surplus of the partnership property,
it shall be dealt with as part of the respective separate property in proportion to the rights and interests of
each partner in the partnership property.
(5) Subject to the provisions of this Act, all debts proved in insolvency shall be paid ratably according
to the amounts of such debts respectively and without any preference.
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(6) Where there is any surplus after payment of the foregoing debts, it shall be applied in payment of
interest from the date on which the debtor is adjudged an insolvent at the rate of six per centum per
annum on all debts proved in the insolvency.
**50. Rent due before adjudication.––After an order of adjudication has been made no distress for in**
rent due before such order shall be made upon the goods or effects of the insolvent, unless the order be
annulled, but the landlord or part to whom the rent may be due shall be entitled to prove in respect of
such rent.
_Property available for payment of debts_
**51. Relation of assignees title.––The insolvency of a debtor, whether the same takes place on the**
debtor's own petition or upon that of a creditor or creditors, shall deemed to have relation back to and to
commence at––
(a) the time of the commission of the act of insolvency on which an order of adjudication is made
against him, or
(b) if the insolvent is proved to have committed more acts of insolvency than one, the time of the
first of the acts of insolvency proved to have been committed by the insolvent within three months
next preceding the date of the presentation of the insolvency petition:
Provided that no insolvency petition or order of adjudication shall be rendered invalid by reason of
any act of insolvency committed anterior to the debt of the petitioning creditor.
**52. Description of insolvents property divisible amongst creditors.––(1) The property of the**
insolvent divisible amongst his creditors, and in this Act referred to as the property of the insolvent, shall
not comprise the following particulars, namely:—
(a) property held by the insolvent on trust for any other a person;
(b) the tools (if any) of his trade and the necessary wearing apparel, bedding, cooking vessel, and
furniture of himself, his wife and children, to a value, inclusive of tools and apparel and other
necessaries as aforesaid, not exceeding three hundred rupees in the whole.
(2) Subject as aforesaid, the property of the insolvent shall comprise the following particulars
namely:—
(a) all such property as may belong to or be vested in the insolvent at the commencement of the
insolvency or may be acquired by or devolve on him before his discharge;
(b) the capacity to exercise and to take proceedings for exercising all such powers in or over or in
respect of property as might have been exercised by the insolvent for his own benefit at the
commencement of his insolvency or before his discharge; and
(c) all goods being at the commencement of the insolvency in the possession, order or disposition
of the insolvent, in his trade or business by the consent and permission of the true owner under such
circumstances that he is the reputed owner thereof:
Provided that things in action other than debts due or growing due to the insolvent in the course of his
trade or business shall not be deemed goods within the meaning of clause (c):
Provided also that the true owner of any goods which have become divisible among the creditors of
the insolvent under the provisions of clause (c) may prove for the value of such goods.
_Effect of insolvency on antecedent transactions_
**53. Restriction of rights of creditor under execution.––(1) Where execution of a decree has issued**
against the property of a debtor, no person shall be entitled to the benefit of the execution against the
official assignee, except in respect of assets realised in the course of the execution by sale or
otherwise [1][before the date of the admission of the insolvency petition].
1. Subs. by Act 3 of 1950, s.4, for "before the date of the order of adjudication and before he had notice of the presentation of
any insolvency petition by or against the debtor”.
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(2) Nothing in this section shall affect the right of a secured creditor in respect of property against
which a decree is executed.
(3) A person who in good faith purchases the property of a debtor under a sale in execution shall in all
cases acquire a good title to it against the official assignee.
**54. Duties of Court executing decree as to property taken in execution.––Where execution of a**
decree has issued against any property of a debtor which is saleable in execution, and before the sale
thereof to notice is given to the Court executing the decree that an order of adjudication has been made
against the debtor, the Court shall, on application, direct the property, if in the possession of the Court, to
be delivered to the official assignee, but the costs of the execution shall be a first charge on the property
so delivered, and the official assignee may sell the property or an adequate part thereof for the purpose of
satisfying the charge.
**55. Avoidance of voluntary transfer.––Any transfer of property, not being a transfer made before**
any and in consideration of marriage, or made in favour of a purchaser or incumbrancer in good faith and
for valuable consideration, shall, if the transferor is adjudged insolvent within two years after the date of
the transfer, be void against the official assignee.
**56. Avoidance of preference in certain cases.–– (1) Every transfer of property, every payment made,**
every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his
debts as they become due from his own money in favour of any creditor, with a view of giving that
creditor a preference over the other creditors, shall, if such person is adjudged insolvent on a petition
presented within three months after the date thereof, be deemed fraudulent and void as against the official
assignee.
(2) This section shall not affect the rights of any person making title in good faith and for valuable
consideration through or under a creditor of the insolvent.
**57. Protection of** **_bona fide transactions.––Subject to the foregoing provisions with respect to the_**
effect of insolvency on an execution and with respect to the avoidance of certain transfers and
preferences, nothing in this Act shall invalidate in the case of an insolvency—
(a) any payment by the insolvent to any of his creditors;
(b) any payment or delivery to the insolvent;
(c) any transfer by the insolvent for valuable consideration; or
(d) any contract or dealing by or with the insolvent for valuable consideration:
Provided that any such transaction takes place before the date of the order of adjudication and that the
person with whom such transaction takes place has not at the time notice of the presentation of any
insolvency petition by or against the debtor.
_Realization of property_
**58. Possession of property by official assignee.–– (1) The official assignee shall, as soon as may be,**
take possession of the deeds, books and documents of the insolvent and all other of parts of his property
capable of manual delivery.
(2) The official assignee shall, in relation to and for the purpose of acquiring or retaining possession of
the property of the insolvent, be in the same position as if he were a receiver of the property appointed
under the Code of Civil Procedure, 1908(5 of 1908), and the Court may on his application enforce such
acquisition or retention accordingly.
(3) Where any part of the property of the insolvent consists of stock, shares in ships, shares, or any
other property transferable in the books of any company, office or person, the official assignee may
exercise the right to transfer the property to the same extent as the insolvent might have exercised it, if he
had not become insolvent.
(4) Where any part of the property of the insolvent consists of things in action, such things shall be
deemed to have been duly transferred to the official assignee.
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(5) Any treasurer or other officer, or any banker, attorney or agent of an insolvent, shall pay and
deliver to the official assignee all money and securities in his possession or power as such officer, banker,
attorney or agent, which he is not by law entitled to retain as against the insolvent or the official assignee.
If he fails so to do, he shall be guilty of a contempt of Court, and shall be punishable accordingly on the
application of the official assignee.
**59. Seizure of property of insolvent.–– (1) The Court may grant a warrant to any prescribed officer**
of the Court or any police-officer above the rank of a constable to seize any part of the property of an
insolvent in the custody or possession of the insolvent or of any other person, and with a view to such
seizure to break open any house, building or room of the insolvent where the insolvent is supposed to be,
or any building or receptacle of the insolvent where any of his property is supposed to be.
(2) Where the Court is satisfied that there is reason to believe that property of the insolvent is
concealed in a house or place not belonging to him, the Court may, if it thinks fit, grant a search-warrant
to any such officer as aforesaid who may execute it according to its tenor.
**60. Appropriation of portion of pay or other income to creditors.–– (1) Where an insolvent is an**
officer of [1][the Indian Army or Navy], or an officer or clerk or otherwise employed or engaged in the
civil service of the Government, the official assignee shall receive for distribution amongst the creditors
so much of the insolvent's pay or salary liable to attachment in execution of a decree as the Court may
direct.
(2) Where an insolvent is in the receipt of a salary or income other; than as aforesaid, the Court may,
at any time after adjudication an from time to time, make such order as it thinks just for the payment to
the official assignee, for distribution among the creditors of so much of such salary or income as may be
liable to attachment in execution of a decree, or of any portion thereof.
**261. Vesting and transfer of property.––The property of the insolvent shall pass from official**
assignee to official assignee, and shall vest in the official assignee for the time being during his
continuance in office, without any transfer whatever.
**62. Disclaimer of onerous property.–– (1) Where any part of the property of an insolvent consists of**
land of any tenure burdened with onerous covenants, of shares or stocks in companies, of unprofitable
contracts, or of any other property that is unsaleable, or not readily saleable, by reason of its binding the
possessor thereof to the performance of any onerous act or to the payment of any sum of money, the
official assignee may, notwithstanding that he may have endeavoured to sell or have taken possession of
the property, or exercised any act of ownership in relation thereto, but subject always to the provisions
hereinafter contained in that behalf, by writing signed by him, at any time within twelve months after the
insolvent has been adjudged insolvent, disclaim the property:
Provided that, where any such property has not come to the knowledge of the official assignee within
one month after such adjudication as aforesaid, he may disclaim the property at any time within twelve
months after he has first become aware thereof.
(2) The disclaimer shall operate to determine, as from the date thereof, the rights, interest and
liabilities of the insolvent and his property in or in respect of the property disclaimed, and shall also
discharge the official assignee from all personal liability in respect of the property disclaimed as from the
date when the property vested in him, but shall not, except so far as is necessary for the purpose of
releasing the insolvent and his property and the official assignee from liability, affect the rights or
liabilities of any other person.
**63. Disclaimer of leaseholds.–– Subject always to such rules as may be made in this behalf, the**
official assignee shall not be entitled to disclaim any leasehold interest without the leave of the Court; and
the Court may, before or on granting such leave, require such notices to be given to persons interested,
1. Subs. by the A.O.1950 for “the Army or Navy or of the Royal Indian Navy ”.
2. In the application of the Act to Bombay and Madras, this section has been repealed: _see the Presidency-towns Insolvency_
(Bombay Amendment) Act, 1933 (Bom.20 of 1933), s.11 and Sch. I and the Presidency-towns Insolvency (Madras
Amendment) Act, 1943 (Mad.5 of 1943), s.2.
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and impose such terms as a condition of granting leave, and make such orders with respect to fixtures,
tenant's improvements and other matters arising out of the tenancy, as the Court thinks just.
**64. Power to call on official assignee to disclaim.–– The Official assignee shall not be entitled to**
disclaim any property in pursuance of section 62 in any case where an application of in writing has been
made to the official assignee by any person interested in the property requiring him to decide whether he
will disclaim, and the official assignee has for a period of twenty-eight days after the receipt of the
application, or such extended period as may be allowed by the Court, declined or neglected to give notice
that he disclaims the property; and in the case of a contract, if the official assignee, after such application
as aforesaid, does not within the said period or extended period disclaim the contract, he shall be deemed
to have adopted it.
**65. Power for Court to rescind contract.–– The Court may, on the application of any person who is,**
as against the official assignee, entitled to the benefit or subject to the burden of a contract made with the
insolvent, make an order rescinding the contract on such terms as to payment by or to either party of
damages for the non-performance of the contract, or otherwise, as to the Court may seem equitable, and
any damages payable under the order to any such person may be proved by him as a debt under the
insolvency.
**66. Power for Court to make vesting order in respect of disclaimed property.–– (1) The Court**
may, on the application of any person either claiming any interest in any disclaimed property, or under
any liability not discharged by this Act in respect of any disclaimed property, and on hearing such
persons as it thinks fit, make an order for the vesting of the property in or delivery thereof to any person
entitled thereto, or to whom it may seem just that the same should be delivered by way of compensation
for such liability as aforesaid, or a trustee for him, and on such terms as the Court thinks just; and on any
such vesting order being made, the property comprised therein shall vest accordingly in the person
therein named in that behalf without any transfer for the purpose:
Provided always, that, where the property disclaimed is of a leasehold nature, the Court shall not make
a vesting order in favour of any person claiming under the insolvent, whether as under-lessee or as
mortgagee except upon the terms of making such person subject to the same liabilities and obligations as
the insolvent was subject to under the lease in respect of the property at the date when the insolvency
petition was filed, and any under-lessee or mortgagee declining to accept a vesting order upon such terms
shall be excluded from all interest in and security upon the property, and if there is no person claiming
under the insolvent who is willing to accept an order upon such terms, the Court shall have power to vest
the insolvent's interest in the property in any person liable either personally or in a representative
character, and either alone or jointly with the insolvent, to perform the lessee's covenants in such lease,
freed and discharged from all estates, incumbrances and interests created therein by the insolvent.
(2) The Court may, if it thinks fit, modify the terms prescribed by the foregoing proviso so as to make
a person in whose behalf the vesting order may be made subject only to the same liabilities and
obligations as if the lease had been assigned to him at the date when the insolvency petition was filed,
and (if the case so requires) as if the lease had comprised only the property comprised in the vesting
order.
**67. Persons injured by disclaimer may prove.–– Any person injured by the operation of a**
disclaimer under by the foregoing provisions shall be deemed to be a creditor of the insolvent to the
amount of the injury, and may accordingly prove the same as a debt under the insolvency.
**68. Duty and powers of official assignee as to realization.–– (1) Subject to the provisions of this**
Act, the official assignee shall, with all convenient speed, realize the property of the insolvent, and for
that purpose may—
(a) sell all or any part of the property of the insolvent;
(b) give receipts for any money received by him;
and may, by leave of the Court, do all or any of the following things namely:—
(c) carry on the business of the insolvent so far as may be necessary for the beneficial winding up
of the same;
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(d) institute, defend or continue any suit or other legal proceeding relating to the property of the
insolvent;
(e) employ a legal practitioner or other agent to take any proceedings or do any business which
may be sanctioned by the Court;
(f) accept as the consideration for the sale of any property of the insolvent a sum of money payable
at a future time or fully paid shares, debentures or debenture stock in any limited company subject to
such stipulations as to security and otherwise as the Court thinks fit;
(g) mortgage or pledge any part of the property of the insolvent for the purpose of raising money
for the payment of his debts or for the purpose of carrying on the business;
(h) refer any dispute to arbitration, and compromise all debts, claims and liabilities, on such terms
as may be agreed upon;
(i) divide in its existing form amongst the creditors, according to its estimated value, any property
which, from its peculiar nature or other special circumstances, cannot readily or advantageously be
sold.
1(2) The official assignee shall account to the Court and pay over all monies and deal with all
securities in such manner[2] as is prescribed or as the Court directs.
**69. Declaration and distribution of dividends.–– (1) The official assignee shall, with all convenient**
speed, declare and distribute dividends amongst the creditors who have proved their debts.
(2) The first dividend (if any) shall be declared and be distributed within [3][one year] after the
adjudication, unless the official assignee satisfies the Court that there is sufficient reason for postponing
the declaration to a later date.
(3) Subsequent dividends shall, in the absence of sufficient reason to the contrary, be declared and be
payable at intervals of not more than six months.
(4) Before declaring a dividend, the official assignee shall cause notice of his intention to do so to be
published in the prescribed manner, and shall also send reasonable notice thereof to each creditor
mentioned in the insolvent's schedule who has not proved his debt.
(5) When the official assignee has declared a dividend, he shall send to each creditor who has proved a
notice showing the amount of the dividend, and when and how it is payable, and, if required by any
creditor, a statement in the prescribed form as to the particulars of the estate.
**70. Joint and separate properties.––Where one partner in a firm is adjudged insolvent, a creditor to**
whom the insolvent is indebted jointly with the other partners in the firm or any of them shall not receive
any dividend out of the separate property of the insolvent until all the separate creditors have received the
full amount of their respective debts.
**71. Calculation of dividends.––(1) In the calculation and distribution of dividends, the official**
assignee shall retain [4][in his hands] sufficient assets to meet—
(a) debts provable in insolvency and appearing from the insolvent's statements or otherwise to be
due to persons resident in places so distant that in the ordinary course of communication they have not
had sufficient time to tender their proofs;
(b) debts provable in insolvency the subject of claims not yet determined;
(c) disputed proofs or claims; and
1. In the application of the Act to Bombay, this sub-section has been repealed: see the Presidency-towns Insolvency (Bombay
Amendment) Act, 1933 (Bom.20 of 1933), s.11 and Sch.I .
2. For Madras, the words “as is laid down in this Act or” have been ins. here by the Presidency-towns Insolvency (Madras
Amendment) Act, 1943 (Mad.5 of 1943), s.3.
3. Subs. by Act 3 of 1929, s. 2, for “six months”.
4. For Madras, read: “under his control”—see the Presidency-towns Insolvency (Madras Amendment) Act, 1943 (Mad.5 of
1943), s.4.
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(d) the expenses necessary for the administration of the estate or otherwise.
(2) Subject to the provisions of sub-section (1), all money [1][in hand] shall be distributed as dividends.
**72. Right of creditor who has not proved debt before declaration of a dividend.–– Any creditor who**
has not proved his debt before the declaration of any dividend or dividends shall be entitled to be paid out of
any money for the time being [2][in the hands] of the official assignee any dividend or dividends which he may
have failed to receive, before that money is applied to the payment of any future dividend or dividends, but he
shall not be entitled to disturb the distribution of any dividend declared before his debt was proved by reason
that he has not participated therein.
**73. Final dividend.––(1) When the official assignee has realized all the properly of the insolvent, or so**
much thereof as can, in his opinion, be realized without needlessly protracting the proceedings in insolvency,
he shall, with the leave of the Court, declare a final dividend; but, before so doing, he shall give notice in
manner prescribed to the persons whose claims to be creditors have been notified to him but not proved that, if
they do not prove their claims, to the satisfaction of the Court, within the time limited by the notice, he will
proceed to make a final dividend without regard to their claims.
(2) After the expiration of the time so limited, or, if the Court on application by any such claimant grants
him further time for establishing his claim, then on the expiration of that further time, the property of the
insolvent shall be divided among the creditors who have proved their debts, without regard to the claims of
any other persons.
**374. No suit for dividend.–– No suit for a dividend shall lie against the official assignee, but, where**
the official assignee refuses to pay any dividend, the Court may, on the application of the creditor who is
aggrieved by such refusal, order him to pay it, and also to pay out of his own money interest thereon at
such rate as may be prescribed for the time that it is withheld, and the costs of the application.
**75. Power to allow insolvent to manage property, and allowance to insolvent for maintenance or**
**service.––** (1) Subject to such conditions and limitations as may be prescribed, the official assignee may
appoint the insolvent himself to superintend the management of the property of the insolvent or of any part
thereof, or to carryon the trade (if any) of the insolvent, for the benefit of his creditors, and in any other respect
to aid in administering the property in such manner and on such terms as the official assignee may direct.
(2) Subject as aforesaid, the Court may, from time to time, make such allowance as it thinks just to the
insolvent out of his property, for the support of the insolvent and his family, or in consideration of his services,
if he is engaged in winding up his estate, but any such allowance may at any time be varied or determined by
the Court.
**76. Right of insolvent so surplus.––** The insolvent shall be entitled to any surplus remaining after
payment in full of his creditors, with interest, as provided by this Act and of the expenses of the proceedings
taken thereunder.
PART IV
OFFICIAL ASSIGNEES
**77. Appointment and removal of official assignees of insolvents estate.––[4][(1) (a) The Chief Justice of**
the High Court at Madras may from time to time appoint substantively or temporarily such persons as he
thinks fit to the office of official assignee of insolvents' estates and such person or persons as he thinks fit
to the office of the deputy official assignee for the said Court and may, with the concurrence of a majority
1. For Madras, read: “realized by the official assignee”—see the Presidency-towns Insolvency (Madras Amendment) Act,
1943 (Mad.5 of 1943), s.4.
2. For Madras, read: “under the control” see s.5, ibid.
3. s.74 has been amended in its application to Bombay and Madras by the Presidency-towns Insolvency (Bombay
Amendment) Act, 1933 (Bom.20 of 1933), s.2, and the Presidency-towns Insolvency (Madras Amendment) Act, 1943
(Mad.5 1943), s.6.
4. Subs. by the A.O.1937 for the original sub-section (1) as amended by Act 9 of 1926, s.7, and Act 10 of 1930, s.4.In its
application to Calcutta, s.77 had been previously amended by the Presidency-towns Insolvency (Bengal Amendment)
Act, 1936 (Ben.18 of 1936), s.3.In its application to Madras, this section has been amended by the Presidency-towns
Insolvency (Madras Amendment) Act, 1943 (Mad.5 of 1943), s.7.
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of the other Judges of the Court, remove the person for the time being holding any of the said offices for
any cause appearing to the Court sufficient.
(b) The State Government of West Bengal shall, after consultation with, and with the concurrence of,
the Chief Justice of the High Court at Calcutta, appoint substantively or temporarily a person to the office
of official assignee of insolvents' estates for the said Court and may, after the like consultation and with
the like concurrence, appoint substantively or temporarily a person or persons to the office of the deputy
official assignee for the said Court.
(c) For the High Court at Bombay, the State Government of Bombay [1]* * * may from time to time
appoint substantively or temporarily such person as the State Government thinks fit to the office of
official assignee of insolvents' estates and such person or persons as the State Government thinks fit to
the office of the deputy official assignee]
2[(1A) Subject to rules made under section 112,3 the deputy official assignee shall have all the powers
and shall discharge all the duties and in exercise of such powers and in the discharge of such duties shall
be subject to all the liabilities of the official assignee under this Act.]
(2) Every official assignee [3][and every deputy official assignee] shall give such security and shall be
subject to such rules and shall act in such manner as may be prescribed.
4(3) Not withstanding anything in sub-section (1), the persons substantively or temporarily holding the
office of official assignee immediately before the commencement of this Act in the Courts for the relief
of Insolvent Debtors at Calcutta, Madras and Bombay respectively under the [5]Indian Insolvency Act,
1848, [6]* * * shall, without further appointment for that purpose, become the official assignees,
substantive or temporary, as the case may be, under this Act in the High Courts at Fort William, Madras
and Bombay [7]* * * respectively.[8]
**78. Power to administer oath.–– An official assignee may, for the purpose of affidavits verifying**
proofs, petitions or other proceedings under this Act, administer oaths.
**79. Duties as regards the insolvents conduct.––** (1) The duties of an official assignee shall have
relation to the conduct of the insolvent as well as to the administration of his estate.
(2) In particulars it shall be the duty of the official assignee ––
(a) to investigate the conduct of the insolvent and to report to the Court upon any application for
discharge, stating whether there is reason to believe that the insolvent has whether there is reason to
believe that the insolvent has committed any act which constitutes an offence under this Act or under
sections 421 to 424 of the Indian Penal Code in connection with his insolvency or which would justify
the Court in refusing, suspending or qualifying an order for his discharge ;
(b) to make such other reports concerning the conduct of the insolvent as the Court may direct or as
may be prescribed; and
(c) to take such part and give assistance in relation to the prosecution of any fraudulent insolvent as
the Court may; direct or as may be prescribed.
1. The words "and for the Court of the Judicial Commissioner of Sind, the Provincial Government of Sind" rep.by the
A.O.1948.
2. Ins. by act 10 of 1930, s.4.
3. In Calcutta read “112A” for “112”: see the Presidency-towns Insolvency (Ben. Amendment) Act, 1936 (Ben.18 of 1936),
s.3 (b).
4. This sub-section has been replaced by another in Calcutta: see s.3 (c), ibid.
5. Rep. by this Act.
6. The words “and in the Chief Court of Lower Burma under that Act as applied by the Lower Burma Courts Act, 1900” rep.
by the A.O.1937.
7. The words “and in the Chief Court of Lower Burma” rep., ibid.
8. For s.77A, applicable to Bombay and Madras, see the Presidency-towns Insolvency (Bombay Amendment) act, 1933
(Bom.20 of 1933), s.3 and the Presidency-towns Insolvency (Madras Amendment) Act, 1943 (Mad.5 of 1943), s.8
respectively.
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**80. Duty to furnish list of creditors.–– The official assignee shall, whenever required by any creditor**
so to do and on payment by the creditor of the prescribed fee, furnish and send to the creditor by post a
list of the creditors showing in the list the amount of the debt due to each of the creditors.
**[1]81. Remuneration.––(1) Such remuneration shall be paid to the official assignee as may be**
prescribed.
(2) No remuneration whatever beyond that referred to in sub section (1) shall be received by an
official assignee as such.[1 ]
**182. Misfeasance.–– The Court shall call the official assignee to account for any misfeasance, neglect**
or omission which may appear in his accounts or otherwise, and may require the official assignee to make
good any loss which the estate of the insolvent may have sustained by reason of the misfeasance, neglect
or omission.[1]
**183. Name under which to sue or be sued.–– The official assignee may sue and be sued by the name**
of "the official assignee of the property of, an insolvent," inserting the name of the insolvent, and by that
name may hold property of every description, make contracts, enter into any engagements binding on
himself and his successors in office, and do all other acts necessary or expedient to be done in the
execution of his office.
**184. Office vacated by insolvency.–– If an order of adjudication is made against an official assignee,**
he shall thereby vacate the office of official assignee.[1 ]
**85. Discretionary powers and control thereof.–– (1) Subject to the provisions of this Act and to the**
directions of the Court, the official assignee shall, in the administration of the property of the insolvent
and in the distribution thereof amongst his creditors, have regard to any resolution that may be passed by
the creditors at a meeting.
(2) The official assignee may, from time to time, summon meetings of the creditors for the purpose of
ascertaining their wishes, and it shall be his duty to summon meetings at such times as the creditors, by
resolution at any meeting, or the Court may direct, or whenever requested in writing to do so by
one-fourth in value of the creditors who have proved.
(3) The official assignee may apply to the Court for directions in relation to any particular matter
arising under the insolvency.
(4) Subject to the provisions of this Act, the official assignee shall use his own discretion in the
management of the estate and its distribution among the creditors.
**86. Appeal to Court.–– If the insolvent or any of the creditors or any other person is aggrieved by any**
act or decision of the official assignee, he may at appeal to the Court, and the Court may confirm, reverse
or modify the act or decision complained of, and make such order as it thinks just.
**87. Control of Court.––** (1) If any official assignee does not faithfully perform his duties and duly
observe all the requirements imposed on him by any enactment, rules or otherwise, with respect to the
performance of his duties, or if any complaint is made to the Court by any creditor in regard thereto, the
Court shall enquire into the matter and take such action thereon as may be deemed expedient.
1. In the application of the Act to Madras, ss.81 and 83 have been repealed, see the Presidency-towns Insolvency (Madras
Amendment) Act, 1943 (Mad.5 of 1943), ss.9 and 12.In the application of the Act to Bombay, s.84 has been repealed, see
the Presidency-towns Insolvency (Bombay Amendment) Act, 1933 (Bom.20 of 1933), s.11.For ss.81, 81B, 82, 82A, 82B,
82C and 84A, as applicable to Calcutta, see the Presidency-towns Insolvency (Bengal Amendment) Act, 1936 (Ben.18 of
1936), ss.4 to 7.For ss.82 and 83, as applicable to Bombay, see Bombay Act 20 of 1933, ss.4 and 5.For ss.82, 82A, 82B, 84
and 84A, as applicable to Madras, see Madras Act 5 of 1943, ss.11 and 14.
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(2) The Court may at any time require any official assignee to answer any enquiry made by it in
relation to any insolvency in which he is engaged, and may examine him or any other person on oath
concerning the insolvency.
1(3) The Court may also direct an investigation to be made of the books and vouchers of the official
assignee.
PART V
COMMITTEE OF INSPECTION
**88. Committee of inspection.––The Court may, if it so thinks fit, authorize the creditors who have**
proved to appoint from among the creditors or holders of general proxies or general powers-of-attorney
from such creditors, a committee of inspection forth purpose of superintending the administration of the
insolvent's property by the official assignee:
Provided that a creditor, who is appointed a member of a committee of inspection, shall not be
qualified to act until he has proved.
**89. Control of committee of inspection over official assignee.––The committee shall have such**
powers of control over the ton proceedings of the official assignee as may be prescribed.
PART VI
PROCEDURE
**90. Power of the Court.–– (1) In proceedings under this Act the Court shall have the like powers and**
follow the like procedure as it has and follows in the exercise of its ordinary original civil jurisdiction:
Provided that nothing in this sub-section shall in any way limit the jurisdiction conferred on the Court
under this Act.
(2) Subject to the provisions of this Act and rules, the costs of and incidental to any proceeding in the
Court shall be in the discretion of the Court.
(3) The Court may at any time adjourn any proceedings before it upon such terms, if any, as it thinks
fit to impose.
(4) The Court may at any time amend any written process or proceeding under this Act upon such
terms, if any, as it thinks fit to impose.
(5) Where by this Act or by rules the time for doing any act or thing is limited, the Court may extend
the time either before or after the expiration thereof, upon such terms, if any, as the Court thinks fit to
impose.
(6) Subject to rules, the Court may in any matter take the whole or any part of the evidence either viva
voce or by interrogatories, or upon affidavit, or by commission.
(7) For the purpose of approving a composition or scheme by joint debtors the Court may, if it thinks
fit, and on the report of the official assignee that it is expedient so to do, dispense with the public
examination of one of the joint debtors if he is unavoidably prevented from attending the examination by
illness or absence abroad.
2* * * * *
**91. Consolidation of petitions.–– Where two or more insolvency petitions are presented against the**
same debtor or against joint debtors, or where joint debtors file separate petitions, the Court may
consolidate the proceedings or any of them on such terms as the Court thinks fit.
1. In the application of the Act to Bombay, this sub-section has been repealed, see the Presidency-towns Insolvency (Bombay
Amendment) Act, 1933 (Bom.20 of 1933), s.11 and Sch.I.
2. Sub-section (8) rep. by the A.O.1948.
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**92. Power to change carriage of petition.––Where the petitioner does not proceed with due diligence**
on his petition, the Court may substitute as petitioner any other creditor, to whom the debtor is indebted
in the amount required by this Act in the case of a petitioning creditor.
**93. Continuance of proceedings on death of debtor.––If a debtor by or against whom an insolvency**
petition has been presented dies, the proceedings in the matter shall, unless the Court otherwise orders, be
continued as if he were alive.
**94. Power to stay proceedings.––The Court may, at any time, for sufficient reason, make an order**
staying the proceedings under an insolvency petition, either altogether or for a limited time, on such
terms and subject to such conditions as the Court thinks just.
**95. Power to present petition against a partner.–– Any creditor whose debt is sufficient to entitle**
him to present an insolvency petition against all the partners in a firm may present a petition against any
one or more partners in the firm without including the others.
**96. Power to dismiss petition against some respondents only.––Where there are more respondents**
than one to a petition, the Court may dismiss the petition as to one or more of them without prejudice to
the effect of the petition as against the other or others of them.
**97. Separate insolvency petitions against partners.––Where an order of adjudication has been made**
on an insolvency petition against or by one partner in a firm, any other insolvency petition against or by a
partner in the same firm shall be presented in or transferred to the Court in which the first-mentioned
petition is in course of prosecution; and such Court may give such directions for consolidating the
proceedings under the petitions as it thinks just.
**98. Suits by official assignee and insolvents partners.––(1) Where a partner in a firm is adjudged**
insolvent, the Court may authorize the official assignee to continue or commence and carry on any suit or
other proceeding in his name and that of the insolvent's partner; and any release by the partner of the debt
or demand to which the proceeding relates shall be void.
(2) Where application for authority to continue or commence any suit or any other proceeding has
been made under sub-section (1), notice of the application shall be given to the insolvent's partner, and he
may show cause against it, and on his application the Court may, if it thinks fit, direct that he shall
receive his proper share of the proceeds of the proceeding, and if he does not claim any benefit therefrom
he shall be indemnified against costs in respect thereof as the Court directs.
**99. Proceedings in partnership name.––(1) Any two or more persons, being partners, or any person**
carrying on business under a partnership name, may take proceedings or be proceeded against under this
Act in the name of the firm:
Provided that in that case the Court may, on application by any person interested, order the names of
the persons who are partners in the firm, or the name of the person carrying on business under a
partnership name, to be disclosed in such manner and verified on oath or otherwise, as the Court may
direct.
(2) In the case of a firm in which one partner is an infant, an adjudication order may be made against
the firm other than the infant partner.
**100. Warrants of Insolvency Courts.–– (1) A warrant of arrest issued by the Court may be executed**
in the same manner and subject to the same conditions as a warrant of arrest issued under the Code of
Criminal Procedure, 1898(5 of 1898), may be executed.
(2) A warrant to seize any part of the property of an insolvent, issued by the Court under section 59,
sub-section (1), shall be in the form prescribed, and sections 77(2), 79, 82, 83, 84 and 102 of the said
Code shall, so far as maybe, apply to the execution of such warrant.
(3) A search-warrant issued by the Court under section 59, sub-section(2), may be executed in the
same manner and subject to the same conditions as a search-warrant for property supposed to be stolen
may be executed under the said Code.
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PART VII
LIMITATION
**101. Limitation of appeals.––The period of limitation for an appeal from any act or decision of the**
official assignee, or from an order made by an officer of the Court empowered under section 6, shall be
twenty days from the date of such act, decision or order, as the case may be.[1]
**2[101A. Exclusion of time in computation of period of limitation in certain cases.––** Where an
order of adjudication has been annulled under this Act, in computing the period of limitation prescribed
for any suit or other legal proceeding (other than a suit or legal proceeding in respect of which the leave
of the Court was obtained under section 17) which might have been brought but for the making of an
order of adjudication under this Act, the period from the date of the order of adjudication to the date of
the order of annulment shall be excluded:
Provided that nothing in this section shall apply to any suit or other legal proceeding in respect of a
debt provable but not proved under this Act.]
PART VIII
PENALTIES
**102. Undischarged insolvent obtaining credit.––An undischarged insolvent obtaining credit to the**
extent of fifty rupees or upwards from any person without informing such person that he is an
undischarged insolvent shall, on conviction by a Magistrate, be punishable with imprisonment for a term
which may extend to six months, or with fine, or with both.
**103. Punishment of insolvent for certain offences.––Any person adjudged insolvent who** ––
(a) fraudulently with the intent to conceal the state of his affairs or to defeat the objects of this Act, ––
(i) has destroyed or otherwise willfully prevented or purposely withheld the production of any
book, paper or writing relating to such of his affairs as are subject to investigation under this Act, or
(ii) has kept or caused to be kept false books, or
(iii) has made false entries in, or withheld entries from, or willfully altered or falsified, any book,
paper or writing relating to such of his affairs as are subject to investigation under this Act, or
(b) fraudulently with intent to diminish the sum to be divided amongst his creditors or of giving an
undue preference to any of the said creditors, ––
(i) has discharged or concealed any debt due to or from him, or
(ii) has made away with, charged, mortgaged or concealed any part of his property of what kind so
ever, shall on conviction be punishable with imprisonment for a term which may extend to two years.
**3[103A. Disqualifications of insolvent .–– (1) Where a debtor is adjudged or read judged insolvent**
under this Act, he shall, subject to the provisions of this section, be disqualified from—
(a) being appointed or acting as a Magistrate;
(b) being elected to any office of any local authority where the appointment to such office is by
election, or holding or exercising any such office to which no salary is attached; and
(c) being elected or sitting or voting as a member of any local authority.
(2) The disqualifications which an insolvent is subject to under this section shall be removed, and shall
cease if—
1. For s.101A, applicable to Bombay only, see the Presidency-towns Insolvency (Bombay Amendment) Act, 1939 (Bom.15
of 1939), s.2.
2. Ins. by Act 3 of 1950, s. 5.
3. Ins. by Act 11 of 1920, s. 2.
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(a) the order of adjudication is annulled under sub-section (1) of section 21, or
(b) he obtains from the Court an order of discharge, whether absolute or conditional, with a
certificate that his insolvency was caused by misfortune without any misconduct on his part.
(3) The Court may grant or refuse such certificate as it thinks fit.]
**1 [104. Procedure on charge under section 103.––(1) Where the Court is satisfied, after such**
preliminary inquiry, if any, as it thinks necessary, that there is ground for inquiring into any offence
referred to in section 103 and appearing to have been committed by the insolvent, the Court may record a
finding to that effect and make a complaint of the offence in writing to a Presidency Magistrate or a
Magistrate of the first class having jurisdiction, and such Magistrate shall deal with such complaint in the
manner laid down in the Code of Criminal Procedure, 1898 (5 of 1898).
(2) Any complaint made by the Court under sub-section (1) may be signed by such officer of the
Court as the Court may appoint in this behalf.]
**105. Criminal liability after discharge or composition.–– Where an insolvent has been guilty of any**
of the offences specified in section 102 or section 103, he shall not be exempt from being proceeded
against therefore by reason that he has obtained his discharge or that a composition or scheme of
arrangement has been accepted or approved.
PART IX
SMALL INSOLVENCIES
**106. Summary administration in small cases.––(1) Where the Court is satisfied by affidavit or**
otherwise, or the official assignee reports to the Court, that the property of an insolvent is not likely to
exceed in value three thousand rupees or such other less amount as may be prescribed, the Court may
make an order that the insolvent's estate be administered in a summary manner, and thereupon the
provisions of this Act shall be subject to the following modifications, namely:—
(a) no appeal shall lie from any order of the Court, except by leave of the Court;
(b) no examination of the insolvent shall be held except on the application of a creditor or the
official assignee;
(c) the estate shall, where practicable, be distributed in a single dividend;
(d) such other modifications as may be prescribed with the view of saving expense and simplifying
procedure:
Provided that nothing in this section shall permit the modification of the provisions of this Act
relating to the discharge of the insolvent.
(2) The Court may at any time, if it thinks fit, revoke an order for the summary administration of an
insolvent's estate.
PART X
SPECIAL PROVISIONS
**107. Exemption of corporation, etc., from insolvency proceedings.––No insolvency petition shall**
be presented against any corporation or against any association or company registered under any
enactment for the time being in force.
**108. Administration in insolvency of estate of person dying insolvent.––(1) Any creditor of a**
deceased debtor whose debt would have been sufficient to support an insolvency petition against the
debtor, had he been alive, may present to the Court within the limits of whose ordinary original civil
jurisdiction the debtor resided or carried on business for the greater part of the six months immediately
prior to his decease, a petition in the prescribed form praying for an order for the administration of the
estate of the deceased debtor under this Act.
1. Subs. by Act 9 of 1926, s. 9, for the original s. 104.
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(2) Upon the prescribed notice being given to the legal representative of the deceased debtor, the
Court may, upon proof of the petitioner's debt, unless the Court is satisfied that there is a reasonable
probability that the estate will be sufficient for the payment of the debts owing by the deceased, make an
order for the administration in insolvency of the deceased debtor's estate, or may upon cause shown
dismiss the petition with or without costs.
(3) A petition for administration under this section shall not be presented to the Court after
proceedings have been commenced in any Court of justice for the administration of the deceased debtor's
estate; but that Court may in that case, on proof that the estate is insufficient to pay its debts, transfer the
proceedings to the Court exercising jurisdiction in insolvency under this Act, and thereupon the lastmentioned Court may make an order for the administration of the estate of the deceased debtor, and the
like consequences shall ensue as under an administration order made on the petition of a creditor.
**109. Vesting of estate and mode of administration.––(1) Upon an order being made for the**
administration of a deceased debtor's estate under section 108, the property of the debtor shall vest in the
official assignee of the Court, and he shall forthwith proceed to realize and distribute the same in
accordance with the provisions of this Act.
(2) With the modification hereinafter mentioned, all the provisions of Part III, relating to the
administration of the property of an insolvent, shall, so far as the same are applicable, apply to the case of
such administration order in like manner as to an order of adjudication under this Act.
(3) In the administration of the property of the deceased debtor under an order of administration, the
official assignee shall have regard to any claims by the legal representative of the deceased debtor to
payment of the proper funeral and testamentary expenses incurred by him in and about the debtor's estate;
and those claims shall be deemed a preferential debt under the order, and be payable in full, out of the
debtor's estate, in priority to all other debts.
(4) If, on the administration of the deceased debtor's estate, any surplus remains in the hands of the
official assignee after payment in full of all the debts due from the debtor, together with the costs of the
administration and interest as provided by this Act in case of insolvency, such surplus shall be paid over
to the legal representative of the deceased debtor's estate, or dealt with in such other manner as may be
prescribed.
**110. Payments or transfer by legal representatives.––(1) After notice of the presentation of a**
petition under section 108 no payment or transfer of property made by the legal representative shall
operate as a discharge to him as between himself and the official assignee.
(2) Save as aforesaid nothing in section 108 or section 109 or this section shall invalidate any payment
made or act or thing done in good faith by the legal representative or by a District Judge acting under the
powers conferred on him by section 64 of the Administrator-General's Act, 1874 (2 of 1874), before the
date of the order for administration.
**111. Saving of jurisdiction of Administrator-General.––The provisions of sections 108, 109 and**
110 shall not apply to any case in which probate or letters of administration to the estate of a deceased
debtor have been granted to an Administrator-General.
PART XI
RULES
**1112. Rules.–– (1) The Courts having jurisdiction under this Act may from time to time make rules**
for carrying into effect the objects of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for and regulate—
1. This section has been amended in its application to Bombay, Madras and Calcutta: see the Presidency-towns Insolvency
(Bombay Amendment) Act, 1933 (Bom.20 of 1933), s.6; the Presidency-towns Insolvency (Bombay Amendment) Act,
1939 (Bom.15 of 1939), s.2; the Presidency-towns Insolvency (Madras Amendment) Act, 1943 (Mad.5 of 1943), s.15,
and the Presidency-towns Insolvency (Bengal Amendment) Act, 1936 (Ben.18 of 1936), s.8.
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(a) the fees and percentages to be charged under this Act and the manner in which the same are to
be collected and accounted for and the account to which they are to be paid;
(b) the investment, whether separately or collectively, of unclaimed dividends, balances and other
sums appertaining to the estates of insolvent debtors whether adjudicated insolvent under this or any
former enactment; and the application of the proceeds of such investment;
(c) the proceedings of the official assignee in taking possession of and realising the estates of
insolvent debtors;
[1]* * * * *
(e) the receipts, payments and accounts of the official assignee;
(f) the audit of the accounts of the official assignee;
(g) the payment [2]* * *of the costs of the audit of his accounts out of the proceeds of the
investments in his hands;
(h) the payment of the costs incurred in the prosecution of fraudulent debtors and in legal
proceedings taken by the official assignee under the direction of the Court out of the proceeds
aforesaid;
(i) the payment of any civil liability incurred by an official assignee acting under the order or
direction of the Court;
(j) the proceedings to be taken in connection with proposals for composition and schemes of
arrangement with the creditors of insolvent debtors;
(k) the intervention of the official assignee at the hearing of applications and matters relating to
insolvent debtors and their estates;
3[(kk) filing of lists of creditors and debtors and the affording of assistance to the Court by a
petitioning debtor;]
(l) the examination by the official assignee of the books and papers of account of undischarged
insolvent debtors;
(m) the service of notices in proceedings under this Act;
4[(mm) the form of the insolvency notice under clause(a), and the manner in which such notice may
be served under clause (b), of sub-section (3) of section 9; ]
(n) the appointment, meetings and procedure of committees of inspection;
(o) the conduct of proceedings under this Act in the name of a firm;
(p) the forms to be used in proceedings under this Act;
(q) the procedure to be followed in the case of estates to be administered in a summary manner;
(r) the procedure to be followed in the case of estates of deceased persons to be administered under
this Act;
[5][(s) the distribution of work between the official assignee and his deputy or deputies ;]
6[and, in the case of the High Court at Madras, may also provide for and regulate the remuneration of
the official assignee and the payment of the costs, charges and expenses of his establishment].[7]
1. Cl. (d) rep. by the A.O.1937.
2. The words "of the remuneration of the official assignee, of the costs, charges and expenses of his establishment, and" rep.,
_ibid._
3. Ins. by Act 19 of 1927, s.5.
4. Ins. by Act 28 of 1978, s. 2 (w.e.f. 1-9-1979).
5. Ins. by Act 10 of 1930, s.5.
6. Ins. by the A.O.1937.
7. For s.112A, applicable to Calcutta only, see the Presidency-towns Insolvency (Bengal Amendment) act, 1936 (Ben.18 of
1936), s.9.
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**1[113. Sanction to rules.––Rules made under the provisions of this Part shall be subject to the**
previous sanction of the State Government.]
**114. Publication of Rules.–– Rules so made and sanctioned shall be published [2]* * *in the Official**
Gazette, [3]* * *and shall thereupon have the same force and effect with regard to proceedings under this
Act in the Court which made them as if they had been enacted in this Act.
PART XII
SUPPLEMENTAL
**115. Exemption from duty of transfers, etc., under this Act.––(1) Every transfer, mortgage,**
assignment, power-of attorney, proxy paper, certificate, affidavit, bond or other proceedings, of
instrument or writing whatsoever before or under any order of the Court, and any copy thereof, shall be
exempt from payment of any stamp or other duty whatsoever.
(2) No stamp-duty or fee shall be chargeable for any application made by the official assignee to the
Court under this Act, or for the drawing and issuing of any order made by the Court on such application.
**116. The Gazette to be evidence.––(1) A copy of the Official Gazette containing any notice inserted**
in pursuance of this Act shall be evidence of the facts to stated in the notice.
(2) A copy of the Official Gazette containing any notice of an order of adjudication shall be
conclusive evidence of the order having been duly made, and of its date.
**117. Swearing of affidavits.––Any affidavit may be used in a Court having jurisdiction under this**
Act if it is sworn—
(a) in [4] [the States [5]* * *], before—
(i) any Court or Magistrate, or
(ii) any officer or other person appointed to administer oaths under the Code of Civil Procedure,
1908; (5 of 1908)
(b) in England, before any person authorized to administer oaths in His Majesty's High Court of
Justice, or in the Court of Chancery of the County Palatine of Lancaster, or before any Registrar of a
Bankruptcy Court, or before any officer of a Bankruptcy Court authorized in writing in that behalf by the
Judge of the Court or before a Justice of the peace for the county or place where it is sworn;
(c) in Scotland or in Ireland, before a Judge Ordinary, Magistrate or Justice of the Peace; and
(d) in any other place, before a Magistrate or Justice of the Peace or other person qualified to
administer oaths in that place (he being certified to be a Magistrate or Justice of the Peace, or qualified as
aforesaid, by [6][an Indian Consul or Political Agent] or by a notary public).
**118. Formal defect not to invalidate proceedings.––(1) No proceeding in insolvency shall be**
invalidated by any formal defect or by any irregularity, unless the Court before which an objection is
made to the proceeding is of opinion that substantial injustice has been caused by the defect or
irregularity, and that the injustice cannot be remedied by any order of that Court.
(2) No defect or irregularity in the appointment of an official assignee or member of a committee of
inspection shall vitiate any act done by him in good faith.
**119. Formal defect not to invalidate proceedings.––Where an insolvent is a trustee within the**
Indian Trustee Act, 1866, (27 of 1866) section 35 of that Act shall have effect so as to authorize the
appointment of a new trustee in substitution for the insolvent (whether voluntarily resigning or not), if it
1. Subs. by the A.O.1937 for the original s.113.
2. The words “in the Gazette of India or” rep. by the A.O.1937.
3. The words “as the case may be” rep., ibid.
4. Subs. by the A.O.1948.
5. The words “of India” omitted by the A.O.1950.
6. Subs. by the A.O.1950 for "a British Minister or British Consul or British Political Agent”.
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appears expedient to do so, and all provisions of that Act, and of any other Act relative thereto, shall have
effect accordingly.
**120. Certain provisions to bind the Government.–– Save as herein provided, the provisions of this Act**
relating to the remedies against the property of a debtor, the priorities of debts, the effect of a composition or
scheme of arrangement, and the effect of a discharge shall bind the Government.
**121. Certain provisions to bind the Government.–– Nothing in this Act, or in any transfer of jurisdiction**
effected thereby, shall take away or affect any right of audience that any person may have had immediately
before the commencement of this Act, or shall be deemed to confer such right in insolvency matters on any
person who had not a right of audience before the Courts for the Relief of Insolvent Debtors.[1]
**2122. Lapse and credit to Government of unclaimed dividends.––Where the official assignee has under**
his control any dividend which has remained unclaimed for fifteen years from the date of declaration or such
less period as may be prescribed, he shall pay the same to the account and credit of [3][the State Government],
unless the Court otherwise directs.
**123. Claims to monies credited to Government under section 122.––Any person claiming to be entitled**
to any monies paid to the account and credit of [3][the State Government] under section 122, may apply to the
Court for an order for payment to him of the same; and the Court, if satisfied that the person claiming is
entitled, shall make an order for payment to him of the sum due:
Provided that, before making an order for the payment of a sum which has been carried to the account and
credit of [3][the State Government], the Court shall cause a notice to be served on such officer
as [4][the State Government] may appoint in this behalf, calling on the officer to show cause, within one month
from the date of the service of the notice, why the order should not be made.[5]
**124. Access to insolvents book.––(1) No person shall, as against the official assignee, be entitled to**
withhold possession of the books of accounts belonging to the insolvent or to set up any lien thereon.
(2) Any creditor of the insolvent may, subject to the control of the Court, and on payment of such fee, if
any, as may be prescribed, inspect at all reasonable times, personally or by agent, any such books in the
possession of the official assignee.
**125. Fees and percentages.––Such fees and percentages shall be charged for and in respect of proceedings**
under this Act as may be prescribed.[6]
**126. Courts to be auxiliary to each other.––All Courts having jurisdiction under this Act shall make such**
orders and do such things as may be necessary to give effect to section 118 of the Bankruptcy Act, 1883, and
to section 50 of the Provincial Insolvency Act, 1907.[7]
**127. Saving.––[8]* * * ***
(2) [8]* * * The proceedings under an insolvency petition under the Indian Insolvency Act, 1848,
pending at the commencement of this Act shall, except so far as any provision of this Act is expressly applied
to pending proceedings, continue, and all the provisions of the said Indian Insolvency Act shall, except as
aforesaid, apply thereto, as if this Act had not been passed.
1. For s.121A, applicable to Bombay only, see the Presidency-towns Insolvency (Bombay Amendment) Act, 1933 (Bom. 20
of 1933), s.7.
2. This section has been amended in its application to Bombay by s.8, ibid.
3. Subs. by the A.O.1937 for “the Govt. of India”.
4. subs., ibid., for “ the G.G in C”.
5. For ss.123A and 123B, applicable to Bombay only, see the Presidency-towns Insolvency (Bombay Amendment) Act, 1933
(Bom.20 of 1933), s.10.
6. In its application to Calcutta and Madras, this section has been amended: see the Presidency-towns Insolvency (Bengal
Amendment) Act, 1936 (Ben.18 of 1936), s.11, and the Presidency-towns Insolvency (Madras Amendment) Act, 1943
(Mad.5 of 1943), s.16.
7. See now the Provincial Insolvency Act, 1920 (5 of 1920).
8. Sub-section (1) and the words “Notwithstanding the repeal effected by this Act,” in sub-section (2) rep. by Act 10 of 1914,
s.3 and Sch. II.
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THE FIRST SCHEDULE
(See section 26)
MEETINGS OF CREDITORS
**1. Meetings of creditors.––The official assignee may at any time summon a meeting of creditors, and**
shall do so whenever so directed by the Court or by the creditors by resolution at any meeting or
whenever requested in writing by one-fourth in value of the creditors who have proved.
**2. Summoning of meetings.––Meetings shall be summoned by sending notice of the time and place**
thereof to each creditor at the address given in his proof, or, if he has not proved, at the address given in
the insolvent's schedule, or such other address as may be known to the official assignee.
**3. Notice of meetings.––The notice of any meeting shall be sent off not less than seven days before**
the day appointed for the meeting and may be delivered personally or sent by prepaid post letter, as may
be convenient. The official assignee may, if he thinks fit, also publish the time and place of any meeting
in any local newspaper or in the Official Gazette.
**4. Duty of insolvent to attend if required.––It shall be the duty of the insolvent to attend any**
meeting which the official assignee may, by notice, require him to attend, and any adjournment thereof.
Such notice shall be either delivered to him personally or sent to him at his address by post at least three
days before the date fixed for the meeting.
**5. Proceedings not to be avoided for non-receipt of notice.––The proceedings held and resolutions**
passed at any meeting shall, unless the Court otherwise orders, be valid notwithstanding that any creditor
has not received the notice sent to him.
**6. Proof of issue of notice.––A certificate of the official assignee that the notice of any meeting has**
been duly given shall be sufficient evidence of such notice having been duly sent to the person to whom
the same was addressed.
**7. Costs of meeting.––Where on the request of creditors the official assignee summons a meeting,**
there shall be deposited with the written request the sum of five rupees for every twenty creditors for the
costs of summoning the meeting, including all disbursements: Provided that the official assignee may
require such further sum to be deposited as in his opinion shall be sufficient to cover the costs and
expenses of the meeting.
**8. Chairman.––The official assignee shall be the chairman of any meeting.**
**9. Right to vote.––A creditor shall not be entitled to vote at a meeting unless he has duly proved a**
debt provable in insolvency to be due to him from the insolvent, and the proof has been duly lodged one
clear day before the time appointed for the meeting.
**10. No Vote in respect of certain debts.––A creditor shall not vote at any such meeting in respect of**
any unliquidated or contingent debt, or any debt the value of which is not ascertained.
**11. Secured creditor.––For the purpose of voting, a secured creditor shall, unless he surrenders his**
security, state in his proof the particulars of his security, the date when it was given, and the value at
which he assesses it, and shall be entitled to vote only in respect of the balance, if any, due to him after
deducting the value of his security. If he votes in respect of his whole debt, he shall be deemed to have
surrendered his security, unless the Court on application is satisfied that the omission to value the security
has arisen from inadvertence.
**12. Proof in respect of negotiable instruments.––Where a creditor seeks to prove in respect of a bill**
of exchange, promissory note, or other negotiable instrument or security on which the insolvent is liable,
such bill of exchange, note, instrument or security must, subject to any special order of the Court made to
the contrary, be produced to the official assignee before the proof can be admitted for voting.
**13. Power to require creditor to give up security.––It shall be competent to the official assignee,**
within twenty-eight days after a proof estimating the value of a security has been made use of in voting at
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any meeting, to require the creditor to give up the security for the benefit of the creditors generally, on
payment of the value so estimated.
**14. Proof by partner.––If one partner in a firm is adjudged insolvent, any creditor to whom that**
partner is indebted jointly with the other partners in the firm, or any of them, may prove his debt for the
purpose of voting at any meeting of creditors and shall be entitled to vote thereat.
**15. Power of official assignee to admit or reject proof.––The official assignee shall have power to**
admit or reject a proof for the purpose of voting but his decision shall be subject to appeal to the Court. If
he is in doubt whether the proof of a creditor should be admitted or rejected, he shall mark the proof as
objected to, and shall allow the creditor to vote, subject to the vote being declared invalid in the event of
the objection being sustained.
**16. Proxy.––A creditor may vote either in person or by proxy.**
**17. Instrument of proxy.––Every instrument of proxy shall be in the prescribed form and shall be**
issued by the official assignee.
**18. General proxy.––A creditor may give a general proxy to his attorney or to his manager or clerk,**
or any other person in his regular employment. In such case the instrument of proxy shall state the
relation in which the person to act thereunder stands to the creditor.
**19. Proxy to be deposited one day before date of meeting.––proxy shall not be used unless it is**
deposited with the official assignee one clear day before the time appointed for the meeting at which it is
to be used.
**20. Official assignee as proxy.––A creditor may appoint the official assignee to act as his proxy.**
**21. Adjournment of meeting.––The official assignee may adjourn the meeting from time to time and**
from place to place, and no notice of the adjournment shall be necessary.
**22. Minute of proceedings.––The official assignee shall draw up a minute of the proceeding at the**
meeting and shall sign the same.
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THE SECOND SCHEDULE
(See section 48)
PROOF OF DEBTS
_Proofs in ordinary cases_
**1. Time for lodging proof.–– Every creditor shall lodge the proof of his debt as soon as may be after**
the making of an order of adjudication.
**2. Mode of lodging proof .––A proof may be lodged by delivering or sending by post in a registered**
letter to the official assignee an affidavit verifying the debt.
**3. Authority to make affidavit.––The affidavit may be made by the creditor himself or by some**
person authorized by or on behalf of the creditor. If made by a person so authorized, it shall state his
authority and means of knowledge.
**4. Contents of affidavit.––The affidavit shall contain or refer to a statement of account showing the**
particulars of the debt, and shall specify the vouchers, if any, by which the same can be substantiated.
The official assignee may at any time call for the production of the vouchers.
**5. Affidavit to state if creditor holds security.––The affidavit shall state whether the creditor is or is**
not a secured creditor.
**6. Cost of proving debts.––A creditor shall bear the cost of proving his debt unless the Court**
otherwise specially orders.
**7. Right to see and examine proof.––Every creditor who has lodged a proof shall be entitled to see**
and examine the proofs of other creditors at all reasonable times.
**8. Deduction to be made from proof.––A creditor in lodging his proofs shall deduct from his debt all**
trade discounts, but he shall not be compelled to deduct any discount, not exceeding five per centum on
the net amount of his claim, which he may have agreed to allow for payment in cash.
_Proof by secured creditors_
**9. Proof where security realized.––If a secured creditor realizes his security, he may prove for the**
balance due to him, after deducting the net amount realized.
**10. Proof where security is surrendered.––If a secured creditor surrenders his security to the official**
assignee for the general benefit of the creditors, he may prove for his whole debt.
**11. Proof in other cases.––If a secured creditor does not either realize or surrender his security, he**
shall, before ranking for dividend, state in his proof the particulars of his security, the date when it was
given and the value at which he assesses it, and shall be entitled to receive a dividend only in respect of
the balance due to him after deducting the value so assessed.
**12. Valuation of security .––(1) Where a security is so valued the official assignee may at any time**
redeem it on payment to the creditor of the assessed value.
(2) If the official assignee is dissatisfied with the value at which a security is assessed, he may require
that the property comprised in any security so valued be offered for sale at such times and on such terms
and conditions as may be agreed on between the creditor and the official assignee, or as, in default of
agreement, the Court may direct. If the sale is by public auction, the creditor, or the official assignee on
behalf of the estate, may bid or purchase:
Provided that the creditor may at any time, by notice in writing, require the official assignee to elect
whether he will or will not exercise his power of redeeming the security or requiring it to be realized, and
if the official assignee does not, within six months after receiving the notice, signify in writing to the
creditor his election to exercise the power, he shall not be entitled to exercise it; and the equity of
redemption, or any other interest in the property comprised in the security which is vested in the official
assignee, shall vest in the creditor, and the amount of his debt shall be reduced by the amount at which
the security has been valued.
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**13. Amendment of valuation.––Where a creditor has so valued his security, he may at any time**
amend the valuation and proof on showing to the satisfaction of the official assignee, or the Court, that
the valuation and proof were made bona fide on a mistaken estimate, or that the security has diminished
or increased in value since its previous valuation; but every such amendment shall be made at the cost of
the creditor, and upon such terms as the Court shall order, unless the official assignee shall allow the
amendment without application to the Court.
**14. Refund of excess received.––Where a valuation has been amended in accordance with the**
foregoing rule, the creditor shall forthwith repay any surplus dividend which he has received in excess of
that to which he would have been entitled on the amended valuation, or, as the case may be, shall be
entitled to be paid out of any money for the time being available for dividend, any dividend or share of
dividend which he has failed to receive by reason of the inaccuracy of the original valuation, before that
money is made applicable to the payment of any future dividend, but he shall not be entitled to disturb the
distribution of any dividend declared before the date of the amendment.
**15. Amendment where security subsequently realized .––If a creditor after having valued his**
security subsequently realizes it, or if it is realized under the provisions of rule 12, the net amount
realized shall be substituted for the amount of any valuation previously made by the creditor and shall be
treated in all respects as an amended valuation made by the creditor.
**16. Exclusion from sharing in dividend .––If a secured creditor does not comply with the foregoing**
rules, he shall be excluded from all share in any dividend.
**17. Limit of receipt.––Subject to the provisions of rule 12, a creditor shall in no case receive more**
than sixteen annas in the rupee and interest as provided by this Act.
_Taking Accounts of property mortgaged, and of the sale thereof_
**18. Inquiry into mortgage, etc.––Upon application by any person claiming to be a mortgagee of any**
part of the insolvent's real or leasehold estate and whether such mortgage is by deed or otherwise, and
whether the same is of a legal or equitable nature, or upon application by the official assignee with the
consent of such person claiming to be a mortgagee as aforesaid, the Court shall proceed to inquire
whether such person is such mortgagee, and for what consideration and under what circumstances; and if
it is found till at such person is such mortgagee, and if no sufficient objection appears to the title of such
person to the sum claimed by him under such mortgage, the Court shall direct such accounts and inquiries
to be taken as may be necessary for ascertaining the principal, interest and costs due upon such mortgage,
and of the rents and profits, or dividends, interest or other proceeds received by such person, or by any
other person by his order or for his use in case he has been in possession of the property over which the
mortgage extends, or any part thereof, and the Court, if satisfied that there ought to be a sale, shall direct
notice to be given in such newspapers as the Court thinks fit, when and where, and by whom and in what
way, the said premises or property, or the interest therein so mortgaged, are to be sold, and that such sale
be made accordingly, and that the official assignee (unless it is otherwise ordered[1]) shall have the conduct
of such sale; but it shall riot be imperative on any such mortgagee to make such application. At any such
sale the mortgagee may bid and purchase.
**19. Conveyance.––All proper parties shall join in the conveyance to the purchaser, as the Court**
directs.
**20. Proceeds of sale.––The monies to arise from such sale shall be applied, in the first place, in**
payment of the costs, charges and expenses of and occasioned s by the application to the Court, and of
such sale and the commission (if any) of the official assignee, and in the next place in payment and
satisfaction, so far as the same extend, of what shall be found due to such mortgagee, for principal,
interest and costs, and the surplus of the sale monies(if any) shall then be paid to the official assignee. But
if the monies to arise from such sale are insufficient to pay and satisfy what is so found due to such
mortgagee, then he shall be entitled to prove as a creditor for such deficiency, and receive dividends
thereon rateably with the other creditors, but so as not to disturb any dividend then already declared.
1. In the application of this rule to Calcutta, the words "for reasons to be recorded in writing" have been inserted here, see the
Presidency-towns Insolvency (Bengal Amendment) Act, 1936 (Ben. 18 of 1936), s.12
40
-----
**21. Proceedings on inquiry .––For the better taking of such inquiries and accounts, and making a title**
to the purchaser, all parties may be examined by the Court upon interrogatories or otherwise as the Court
thinks fit, and shall produce before the Court upon oath all deeds, papers, books and writings in their
respective custody or power relating to the estate or effects of the insolvent as the Court directs.
_Periodical payments_
**22. Periodical payments.––When any rent or other payment falls due at stated periods, and the order**
of adjudication is made at any time other than one of those periods, the person entitled to the rent or
payment may prove for a proportionate part thereof up to the date of the order as if the rent or payment
due grew from day to day.
_Interest_
**23. Interest.––(1) On any debt or sum certain whereon interest is not reserved or agreed for, and**
which is overdue when the debtor is adjudged an insolvent, and which is provable under this Act, the
creditor may prove for interest at a rate not exceeding six per centum per annum
(a) if the debt or sum is payable by virtue of a written instrument at a certain time, from the time
when such debt or sum was payable to the date of such adjudication; or
(b) if the debt or sum is payable otherwise, from the time when a demand in writing has been made
giving the debtor notice that interest will be claimed from the date of the demand until the time of
payment to the date of such adjudication.
(2)Where a debt which has been proved in insolvency includes interest or any pecuniary consideration
in lieu of interest, the interest or consideration shall, for the purposes of dividend, be calculated at a rate
not exceeding six per centum per annum, without prejudice to the right of a creditor to receive out of the
debtor's estate any higher rate of interest to which he may be entitled after all the debts proved have been
paid in full.
_Debt payable at a future time_
**24. Debt payable in future.––A creditor may prove for a debt not payable when the debtor is**
adjudged an insolvent as if it were payable presently, and may receive dividends equally with the other
creditors, deducting there from only a rebate of interest at the rate of six per centum per annum,
computed from the declaration of a dividend to the time when the debt would have become payable,
according to the terms on which it was contracted.
_Admission or rejection of proofs_
**25. Admission or rejection of proof.––The official assignee shall examine every proof and the**
grounds of the debt, and in writing admit or reject it in whole or in part, or require further evidence in
support of it. If he rejects a proof, he shall state in writing to the creditor the grounds of the rejection.
**26. Court may expunge proof improperly received.––If the official assignee thinks that a proof has**
been improperly admitted, the Court may, on the application of the official assignee, after notice to the
creditor who made the proof, expunge the proof or reduce its amount.
**27. Power for Court to expunge or reduce proof.––The Court may also expunge or reduce a proof**
upon the application of a creditor if the official assignee declines to interfere in the matter, or in the case
of a composition or scheme upon the application of the insolvent.
41
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THE THIRD SCHEDULE.
[Enactments repealed.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914), s.3 and Sch. II.
42
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|
22-Oct-1909 | 07 | The Anand Marriage Act, 1909 | https://www.indiacode.nic.in/bitstream/123456789/2347/1/190907.pdf | central | # THE ANAND MARRIAGE ACT, 1909
__________
# ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title and extent.
2. Validity of Anand marriages.
3. Exemption of certain marraiges from Act.
4. Saving of marriages solemnized according to other ceremonies.
5. Non-validation of marriages within prohibited degrees.
6. Registration of marriages.
1
-----
# THE ANAND MARRIAGE ACT, 1909
ACT NO. 7 OF 1909[1]
[22nd October, 1909.]
# An Act to remove doubts as to the validity of the marriage ceremony common among the Sikhs
called Anand.
WHEREAS it expedient to remove any doubts as to the validity of the marriage ceremony common
among the Sikhs called Anand; it is hereby enacted as follows:—
**1. Short title and extent.—(1)** This Act may be called the Anand Marriage Act, 1909; and.
(2) Its extends to the whole of India [2]***.
**2.** **Validity of Anand marriages.—All marriages which may be or may have been duly**
solemnized according to the Sikh marriage ceremony called Anand [3][(commonly known as Anand
Karaj)] shall be, and shall be deemed to have been with effect from the date Of the solemnization
or each respectively, good and valid in law.
**3. Exemption of certain marraiges from Act.—Nothing in this Act shall apply to—**
(a) any marriage between persons not professing the Sikh religion, or
(b) any marriage which has been judically declared to be null and void.
**4. Saving of marriages solemnized according to other ceremonies.—Nothing in this Act shall**
affect the validity of any marriage duly solemnized according to any other marriage ceremony customary
among the Sikhs.
**5. Non-validation of marriages within prohibited degrees.—Nothing in** this Act shall be deemed
to validate any marriage between persons who are related to each other in any degree of consanguinity or
effinity which would, according to the customary law of the Sikhs, render a marriage between them
illegal.
4[6. Registration of marriages.—(1) For the purposes of facilitation of proof of marriage ceremony
(commonly known as Anand Karaj) customary among the Sikhs, the State Government shall, without
prejudice to anything contained in the Hindu Marriage Act, 1955 (25 of 1955) or any other law for the
time being in force, make rules providing that the parties to any such marriage [whether solemnized
before or after the commencement of the Anand Marriage (Amendment) Act, 2012], may have the
particulars relating to their marriage entered, in such manner and subject to such conditions as may be
provided in the said rules, in a Marriage Register kept by such officer of the State Government or of a
local authority authorised by the State Government, by notification in the Official Gazette, in this behalf.
(2) The Marriage Register shall, at all reasonable times, be open for inspection, and shall be
admissible as evidence of the statements contained therein and certified extracts therefrom shall, on an
application, be given by the Registrar to the parties to the marriage on payment of such fees as may be
provided in the rules.
(3) Notwithstanding anything contained in this section, the validity of any Anand Marriage
solemnized shall in no way be affected by the omission to make an entry in the Marriage Register.
(4) Every rule made by the State Government under this section shall be laid before the State
Legislature, as soon as may be, after they are made.
1. The Act has extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and first Schedu le
(w.e.f. 1-7-1965).
2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
3. Ins. by Act 29 of 2012, s. 2 (w.e.f. 1-11-2013).
4. Ins. by s. 3, ibid. (w.e.f. 1-11-2013).
2
-----
(5) The parties to the marriage, whose marriage has been registered under this Act, shall not be
required to get their marriage registered under any other law for the time being in force (including State
Act).]
__________
3
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|
18-Mar-1910 | 10 | The Indian Museum Act, 1910 | https://www.indiacode.nic.in/bitstream/123456789/2350/1/A1910-10.pdf | central | # THE INDIAN MUSEUM ACT, 1910 _______
ARRANGEMENT OF SECTIONS
________
PRELIMINARY
SECTIONS
1. Short title and commencement.
INCORPORATION OF THE TRUSTEES
2. Constitution and incorporation of the Trustees of the Indian Museum.
3. Minimum number of Trustees and quorum.
4. Power to appoint new Trustees.
5. [Omitted.].
PROPERTY AND POWERS OF THE TRUSTEES
6. Property vested in or placed under the control of the Trustees.
7. Power to Trustees to exchange, sell and destroy articles in collections.
8. Power to Trustees to make bye-laws.
9. Power of Trustees to appoint officers and servants.
DUTIES OF THE TRUSTEES
10. Budget
10A. Annual report and accounts.
11. Collections of Asiatic Society to be kept distinguished in the museum.
12. Articles received in exchange or purchased and moneys realised from sale to be held on
trust.
SUPPLEMENTAL PROVISIONS
12A. Power of Central Government to issue directions to Trustees.
13. Officers under Act to be public servants.
14. Power to Trustees to keep collections not belonging to them.
15. Power to Trustees to part with certain property in their possession.
15A. Power to make rules.
16. Property in collections on determination of trust.
17. [Repealed.].
THE SCHEDULE.
-----
# THE INDIAN MUSEUM ACT, 1910
ACT NO. 10 OF 1910
[18th March, 1910.]
# An Act to consolidate and amend the law relating to the Indian Museum.
WHEREAS it is expedient to consolidate and amend the law relating to the Indian Museum; It is
hereby enacted as follows:—
PRELIMINARY
**1. Short title and commencement.—(1) This Act may be called the Indian Museum Act,**
1910.
(2) It shall come into force on such date[1] as the Central Government, by notification in the Official
Gazette, may direct.
INCORPORATION OF THE-TRUSTEES
**2. Constitution and incorporation of the Trustees of the Indian Museum.—[2][(1) The**
Trustees of the Indian Museum (hereinafter referred to as the Trustees) shall be—
(a) the Governor of West Bengal, ex officio Chairman;
(b) the Secretary to the. Government of India in the Ministry concerned with matters relating to
the Indian Museum, ex officio;
(c) the Mayor of the Corporation of Calcutta, ex officio;
(d) the Vice-Chancellor of the University of Calcutta, ex officio;
(e) the Accountant-General, West Bengal, ex officio;
(f) four persons to be nominated by the Central Government, one of whom shall be a
representative of commerce and industry chosen in consultation with the Government of
West Bengal;
(g) one person to be nominated by the Government of West Bengal;
(h) one person to be nominated by the Council of the Asiatic Society, Calcutta:
Provided that if any of the Trustees referred to in clauses (b), (c) (d) and (e) is unable to attend any
meeting of the Trustees, he may, with the previous approval of the Chairman, authorise a person in
writing to do so.]
(2) The Trustees shall be a body corporate, by the name of “The Trustees of the Indian Museum”,
with perpetual succession and a common seal, and in that name shall sue and be sued, and shall have
power to acquire and hold property, to enter into contracts, and to do all acts necessary for and consistent
with the purposes of this Act.
(3) The nominated Trustees shall, save as herein otherwise provided, hold office for a period of three
years:
Provided that the authority nominating a Trustee may extend his term of office for one or more like
periods.
**3. Minimum number of Trustees and quorum.—(1) The powers of the said body corporate may**
only be exercised so long and so often as there are [3][six] members thereof.
(2) The quorum necessary for the transaction of business at a meeting of the Trustees shall not be less
than [4][four].
1. 1st June, 1910, see Gazette of India, 1910, Pt. I, p. 411.
2. Subs. by Act 45 of 1960, s. 2, for sub-section (1).
3. Subs. by s. 3, ibid., for “nine”.
4. Subs. by s. 3, ibid., for “six”.
-----
**4. Power to appoint stew Trustees.—If a nominated Trustee—**
(a) dies, or
(b) is absent from the meetings of the Trustees for more than twelve consecutive months, or
(c) desires to be discharged, or
(d) refuses or becomes incapable to act, or
(e) is appointed to perform the duties of [1][any of the offices specified in clauses (a) to (e) of
sub-section (1) of section 2],
the authority which nominated the Trustee may nominate a new Trustee in his place.
**5.** [Vacation of office by existing Trustees.] omitted by the Indian Museum
_(Amendment) Act, 1960 (45 of 1960), s. 5._
PROPERTY AND POWERS OF THE TRUSTEES
**6. Property vested in or placed under the control of the Trustees.— (1)** All the property,
whether movable or immovable, which at the commencement of this Act is held by the Trustees of the
Indian Museum constituted by the [2]Indian Museum Act, 1876 (22 of 1876) on trust for the purposes of the
said Museum shall, together with any such property which may hereinafter be given, bequeathed,
transferred or acquired for the said purposes, vest in the Trustees of the Indian Museum constituted by
this Act on trust for the purposes of the said Museum:
Provided that the Trustees may expend the capital of any portion of such property which may consist
of money on the maintenance, improvement and enlargement of the collections deposited in, presented to
or purchased for, the said Museum or otherwise for the purposes of the same as they may think fit.
(2) The Trustees shall have the exclusive possession, occupation and control, for the purposes of such
trust, of the land specified in the schedule, including any buildings which may have been, or may
hereafter be, erected thereon, other than those portions thereof which have been set apart by the Trustees
for the records and offices of the Geological Survey of India.
**7.** **Power to Trustees to exchange, sell and destroy articles in collections.—Subject to the**
provisions of any bye-laws made in this behalf, the Trustees may, from time to time,—
(a) deliver, by way of loan, to any person the whole or any portion of, or any article contained in,
any collection vested in them under this Act;
(b) exchange or sell duplicates of articles contained in any such collection and take or purchase,
in the place of such duplicates, such articles as may in their opinion be worthy of preservation in the
Museum;
(c) present duplicates of articles contained in any such collection to other Museums in [3][India];
and
(d) remove and destroy any article contained in any such collection.
**8. Power to Trustees to make bye-laws.—(1)** the Trustees may from time to time, with the
previous sanction of the Central Government, [4][make by notification in the Official Gazette, bye-laws]
consistent with this Act [5][and the rules made thereunder] for any purpose necessary for the execution of
their trust.
1. Subs. by Act 45 of 1960, s. 4, ibid., for “any office specified in section 2, clause (a)”.
2. Rep. by this Act, s. 17.
3. Subs. by the A. O. 1950, for “the Provinces”.
4. Subs. by Act 20 of 1983, s. 2 and the Schedule, for “make bye-laws” (w.e.f. 15-3-1984).
5. Ins. by Act 45 of 1960, s. 6.
-----
(2) In particular and without prejudice to the generality of the foregoing power, such [1][bye-laws] may provide
for—
(a) the summoning, holding and adjournment of general and special meetings of the Trustees;
(b) the securing of the attendance of Trustees at such meetings;
(c) the provision and keeping of minute-books and account-books;
(d) the compiling of catalogues;
(e) the lending of articles contained in the collections vested in the Trustees;
(f) the exchange and sale, and the presentation to other Museums in [2][India], of duplicates of articles
contained in such collections;
(g) the removal and destruction of articles contained in such collections; and
(h) the general management of the Museum.
3[(3) The Central Government shall cause every bye-law made under this section to be laid as soon as may be
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the bye-law or both Houses agree that the bye-law should not be made, the bye-law shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under that
bye-law.]
4[9. Power of Trustees to appoint officers and servants.—(1) Subject to the provisions of sub-section (2),
the Trustees may appoint such officers and servants as they may consider necessary or proper for the care or
management of the trust-property, and determine their functions.
(2) The recruitment and the conditions of service of such officers and servants shall be regulated by rules
made under this Act.]
DUTIES OF THE TRUSTEES
5[10. Budget.—The Trustees shall, by such date in each financial year as may be specified by the Central
Government, submit to that Government for approval, in the form specified by that Government in consultation
with the Comptroller and Auditor-General of India, the budget of the next financial year, showing the estimated
receipts and expenditure during the next financial year.
**10A. Annual report and accounts.—(1) The Trustees shall, as soon as possible after the commencement of**
each financial year, submit—
(a) to the Central Government within such time or date as may be specified by the Central Government, a
report giving a true and full account of their activities during the previous financial year and an account of the
activities likely to be undertaking during the current financial year;
(b) to such auditor as the Central Government may appoint in this behalf, accounts of all moneys
expended by the Trustees during the previous financial year, supported by the necessary vouchers.
(2) The Trustees shall cause such report and accounts to be published annually for general information.]
**11. Collections of Asiatic Society to be kept distinguished in the Museum.—(1) The Trustees shall**
cause every article in the collections in the said Indian Museum formerly belonging to the Asiatic Society of
Bengal [6][(now known as the Asiatic Society, Calcutta)] and all additions that may hereafter be made thereto
otherwise than by purchase under section 6, to be marked and numbered and (subject to the provisions contained
in sections 7 and 16) to be kept and preserved in the said Museum with such marks and numbers.
1. Subs. by Act 45 of 1960, s. 6 for “rules”.
2. Subs. by the A. O. 1950, for “the Provinces”.
3. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
4. Subs. by Act 45 of 1960, s. 7, for section 9.
5. Subs. by s. 8, ibid., for section 10.
6. Ins. by s. 9, ibid.
-----
(2) An inventory of such additions shall be made by the said Society, one copy whereof shall be signed by the
Trustees and delivered to the said society, and another copy shall be signed by the Council of the said Society and
delivered to the Trustees, and shall be kept by them along with the inventory delivered to the predecessors in
office of the Trustees when the said collections were deposited in the said Museum.
**12. Articles received in exchange or purchased and moneys realised from sale to be held on**
**trust.—All objects taken in exchange and articles purchased under section 7 and all moneys realised from sales**
made in accordance with the terms of the same section shall be held on trust and subject to powers and
declarations corresponding as nearly as may be with the trusts, powers and declarations by this Act limited and
declared.
SUPPLEMENTAL PROVISIONS
**1[12A. Power of Central Government to issue directions to Trustees.—(1) In the discharge of their**
functions under this Act, the Trustees shall be bound by such directions on questions of policy as the
Central Government may give to them from time to time:
Provided that the Trustees shall be given an opportunity to express their views before any direction is given
under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.]
**13. Officers under Act to be public servants.—All officers and servants appointed under this Act shall**
be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860); [2]***.
**14. Power to Trustees to keep collections not belonging to them.— Notwithstanding anything**
hereinbefore contained, the Trustees may, if they think fit, with the previous sanction of the Central Government
and subject in each case to such conditions as it may approve and to such rules as it may prescribe, assume the
custody and administration of collections which are not the property of the Trustees for the purposes of their trust
under this Act, and keep and preserve such collections either in the Indian Museum or elsewhere:
Provided that if the trust constituted by this Act is at any time determined, any such collections shall not by
reason of their then being in the Indian Museum become the property of Government.
3 [15. Power to Trustees to part **with certain property in their possession.—Subject to such**
conditions as the Central Government may approve, the Trustees may deliver possession of the whole or
any part of the property described in the schedule to such person as that Government may appoint.]
4[15A. Power to make rules.—(1) The Central Government may, in consultation with the Trustees, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all
or any of the following matters, namely:—
(a) the recruitment and the conditions of service of the officers and servants of the Museum;
(b) the form and manner in which the accounts of the Museum may be maintained and the manner in
which such accounts may be audited;
(c) the circumstances in which and the conditions subject to which the Trustees may assume the
custody and administration of any collections referred to in section 14 and keep and preserve such
collections;
(d) the conditions subject to which the Trustees may deliver possession of any property in their possession
to any other person.
(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of
Parliament while it is in session for a total period of thirty days which may be comprised in one session or [5][in two
or more successive sessions, and if, before the expiry of the session immediately following the session or the
1. Ins. by Act 45 of 1960, s. 10.
2. Certain words omitted by s. 11, ibid.
3. Subs. by the A.O. 1937, for the original section.
4. Ins. by Act 45 of 1960, s. 12.
5. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984).
-----
successive sessions aforesaid], both Houses agree in making any modification in the rule, or both Houses agree
that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect,
as the case may be; so however that any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule.]
**16. Property in collections on determination of trust.—If the trust constituted by this Act is at any time**
determined,—
(a) the collections and additions mentioned in section 11 shall become the property of the said Asiatic
Society or their assigns, and
(b) all the other collections then in the said Indian Museum shall, save as otherwise provided by section
14, become the property of Government.
**17.** [Repeals.]. Rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 and the Second
_Schedule._
-----
THE SCHEDULE
(See sections 6 and 15)
Land bounded—
on the north side by the premises No. 2, Sudder Street, and by Sudder Street;
on the west side by Chowringhee Road and by the premises No. 29, Chowringhee Road (occupied by the
Bengal United Service Club);
on the south side by the premises No. 29, Chowringhee Road, by Kyd Street, and by the premises No. 4,
Chowringhee Lane, and
on the east, side by the premises No. 15, Kyd Street, and the premises Nos. 4, 3, 2 and 1, Chowringhee Lane.
together with all bluildings, roads and tanks existing or erected thereon, and all casements appertaining thereto.
________
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|
1-Mar-1912 | 02 | The Co-operative Societies Act, 1912 | https://www.indiacode.nic.in/bitstream/123456789/19226/1/a1912-2.pdf | central | THE CO-OPERATIVE SOCIETIES ACT, 1912
ARRANGEMENT OF SECTIONS
PRELIMINARY
SECTIONS.
1. Short title and extent.
2. Definitions.
3. The Registrar.
4. Societies which may be
registered.
REGISTRATION
5. Restrictions on interest of member of society with limited liability and a share capital.
6. Conditions of registration.
7. Power of Registrar to decide certain questions.
8. Application for registration.
9. Registration.
10. Evidence of registration.
11. Amendment of the by-laws of a registered society.
RIGHTS AND LIABILITIES OF MEMBERS
12. Member not to exercise rights till due payment made.
13. Votes of members.
14. Restrictions on transfer of share or interest.
DUTIES OF REGISTERED SOCIETIES
15. Address of societies.
16. Copy of Act, rules and by-laws to be open to inspection.
17. Audit.
PRIVILEGES OF REGISTERED SOCIETIES
18. Societies to be bodies corporate.
19. Prior claim of society.
20. Charge and set-off in respect of shares or interest of member.
21. Shares or interest not liable to attachment.
22. Transfer of interest on death of member.
23. Liability of past member.
24. Liability of the estates of deceased members.
25. Register of members.
1
-----
# SECTIONS.
26. Proof of entries in societies’ books.
27. Exemption from compulsory registration of instruments relating to shares and debentures of
registered society.
28. Power to exempt from income-tax, stamp-duty and registration fees.
PROPERTY AND FUNDS OF REGISTERED SOCIETIES
29. Restrictions on loans.
30. Restrictions on borrowing.
31. Restrictions on other transactions with non-members.
32. Investment of funds.
33. Funds not to be divided by way of profit.
34. Contribution to charitable purpose.
INSPECTION OF AFFAIRS
35. Inquiry by Registrar.
36. Inspection of books of indebted society.
37. Costs of inquiry.
38. Recovery of costs.
DISSOLUTION OF SOCIETY
39. Dissolution.
40. Cancellation of registration of society.
41. Effect of cancellation of registration.
42. Winding-up.
RULES
43. Rules.
# MISCELLANEOUS
44. Recovery of sums due to Government.
45. Power to exempt societies from conditions as to registration.
46. Power to exempt registered societies from provisions of the Act.
47. Prohibition of the use of the word “co-operative”.
48. Indian Companies Act, 1882, not to apply.
49. Saving of existing societies.
50. [Repealed.].
2
-----
# THE CO-OPERATIVE SOCIETIES ACT, 1912
ACT NO. 2 OF 1912[1 ]
An Act to amend the Law relating to Co-operative Societies.
# [1st March, 1912.]
WHEREAS it is expedient further to facilitate the formation of Co-operative Societies for the
promotion of thrift and self-help among agriculturists, artisans and persons of limited means, and for
that purpose to amend the law relating to Co-operative Societies; It is hereby enacted as follows:—
PRELIMINARY
**1. Short title and extent.—(1) This Act may be called the Co-operative Societies Act, 1912; and**
(2) it extends to the whole of India except [2][the territories which, immediately before the 1[st ]
November, 1956, were comprised in Part B States].
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) “by-laws” means the registered by-laws for the time being in force, and includes a registered
amendment of the by-laws:
(b) “committee” means the governing body of a registered society to whom the management of
its affairs is entrusted:
(c) “member” includes a person joining in the application for the registration of a society and
a person admitted to membership after registration in accordance with the by laws and any rules:
(d) “officer” includes a chairman, secretary, treasurer, member of committee, or other person
empowered under the rules or the by-laws to give directions in regard to the business of the society:
(e) “registered society” means a society registered or deemed to be registered under this Act:
1. This Act has been declared to be in force in the Sonthal Parganas by notification under s. 3 of the Sonthal Parganas
Settlement Regulation (3 of 1872), see B. and O. Gazette, 1913, Pt. II, p. 105.
It has been repealed in its application to—
(1) the Bombay Presidency by the Bombay Co-operative Societies Act, 1925 (Bom. 7 of 1925);
(2) the Madras Presidency by the Madras Co-operative Societies Act, 1932 (Mad. 6 of 1932);
(3) Bihar and Orissa by the B. and O. Co-operative Societies Act, 1935 (B. and O. 6 of 1935);
(4) Orissa, separately, by the Orissa Laws Regulation, 1936 (1 of 1936);
(5) Coorg by the Coorg Co-operative Societies Act, 1936 (Coorg 2 of 1936);
(6) Bengal, with certain exceptions, by the Bengal Co-operative Societies Act, 1940 (Ben. 21 of 1940);
(7) Vidarbha region of Bombay by Bombay Act 20 of 1960;
(8) Mahakoshal region by Madhya Pradesh Act 17 of 1961; and
(9) the Union territory of Andaman and Nicobar Islands by Reg. 3 of 1973. It has been amended in—
(1) the U.P. by the Co-operative Societies (Amendment) Act, 1919 (U.P. 3 of 1919), the Co-operative Societies (U.P.
Amendment) Act, 1944 (U.P. 1 of 1944) as continued in force by the U.P. Expiring Laws Continuance Act, 1948 (U.P. 13 of
1948) and Uttar Pradesh Act 10 of 1957;
(2) the C.P. by the Co-operative Societies (Central Provinces Amendment) Act, 1930 (C.P. 7 of 1930) and in C.P. and
Berar by the following Acts as continued in force by the C.P. and Berar Expiring laws Continuance and Amending Act, 1947
(C.P. & B. 48 of 1947):—
(i) the C.P. and Berar Co-operative Societies (Amendment) Act, 1940 (C.P. & B. 5 of 1940);
(ii) the C.P. and Berar Co-operative Societies (Amendment) Act, 1941 (C.P. & B. 6 of 1941);
(iii) the C.P. and Berar Co-operative Societies Amendment and Liquidators, Orders Validation Act, 1945 (C.P. & B. 10 of
1945); and
(iv) Madhya Pradesh by M.P. Act 8 of 1954.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
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(f) “Registrar” means a person appointed to perform the duties of a Registrar of Co-operative
Societies under this Act: and
(g) “rules” means rules made under this Act.
REGISTRATION
**3. The Registrar.—The State Government may appoint a person to be Registrar of Co-operative**
Societies for the State or any portion of it, and may appoint persons to assist such Registrar, and may, by
general or special order, confer on any such persons all or any of the powers of a Registrar under this Act.
**4. Societies which may be registered.—Subject to the provisions hereinafter contained, a society**
which has as its object the promotion of the economic interests of its members in accordance with
co-operative principles, or a society established with the object of facilitating the operations of such a
society, may be registered under this Act with or without limited liability:
Provided that unless the State Government by general or special order otherwise directs—
(1) the liability of a society of which a member is a registered society shall be limited;
(2) the liability of a society of which the object is the creation of funds to be lent to its members,
and of which the majority of the members are agriculturists, and of which no member is a registered
society, shall be unlimited.
**5. Restrictions on interest of member of society with limited liability and a share capital.—Where**
the liability of the members of a society is limited by shares, no member other than a registered society
shall—
(a) hold more than such portion of the share capital of the society, subject to a maximum of one
fifth, as may be prescribed by the rules; or
(b) have or claim any interest in the shares of the society exceeding one thousand rupees.
**6. Conditions of registration.—(1) No society, other than a society of which a member is a registered**
society, shall be registered under this Act which does not consist of at least ten persons above the age of
eighteen years and, where the object of the society is the creation of funds to be lent to its members,
unless such persons—
(a) reside in the same town or village or in the same group of villages; or
(b) save where the Registrar otherwise directs, are members of the same tribe, class, caste, or
occupation.
(2) The word “limited” shall be the last word in the name of every society with limited liability
registered under this Act.
**7. Power of Registrar to decide certain questions.—When any question arises whether for the**
purposes of this Act a person is an agriculturist or a non-agriculturist, or whether any person is a resident
in a town or village or group of villages, or whether two or more villages shall be considered to form a
group, or whether any person belongs to any particular tribe, class, caste or occupation, the question shall
be decided by the Registrar, whose decision shall be final.
**8. Application for registration.—(1) For purposes of registration an application to register shall be**
made to the Registrar.
(2) The application shall be signed—
(a) in the case of a society of which no member is a registered society by at least ten persons
qualified in accordance with the requirements of section 6, sub-section (1); and
(b) in the case of a society of which a member is a registered society, by a duly authorised person
on behalf of every such registered society, and where all the members of the society are not registered
societies, by ten other members or, when there are less than ten other members, by all of them.
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(3) The application shall be accompanied by a copy of the proposed by-laws of the society, and the
persons by whom or on whose behalf such application is made shall furnish such information in regard
to the society as the Registrar may require.
**9. Registration.—If the Registrar is satisfied that a society has complied with the provisions of this**
Act and the rules and that its proposed by-laws are not contrary to the Act or to the rules, he may, if he
thinks fit, register the society and its by-laws.
**10. Evidence of registration.—A certificate of registration signed by the Registrar shall be**
conclusive evidence that the society therein mentioned is duly registered unless it is proved that the
registration of the society has been cancelled.
**11. Amendment of the by-laws of a registered society.—(1) No amendment of the by-laws of a**
registered society shall be valid until the same has been registered under this Act, for which purpose a
copy of the amendment shall be forwarded to the Registrar.
(2) If the Registrar is satisfied that any amendment of the by-laws is not contrary to this Act or to the
rules, he may, if he thinks fit, register the amendment.
(3) When the Registrar registers an amendment of the by-laws of a registered society, he shall issue
to the society a copy of the amendment certified by him, which shall be conclusive evidence that the same
is duly registered.
# RIGHTS AND LIABILITIES OF MEMBERS
**12. Member not to exercise rights till due payment made.—No member of a registered society**
shall exercise the rights of a member unless or until he has made such payment to the society in respect
of membership or acquired such interest in the society, as may be prescribed by the rules or by-laws.
**13. Votes of members.—(1) Where the liability of the members of a registered society is not limited**
by shares, each member shall, notwithstanding the amount of his interest in the capital, have one vote
only as a member in the affairs of the society.
(2) Where the liability of the members of a registered society is limited by shares, each member shall
have as many votes as may be prescribed by the by-laws.
(3) A registered society which has invested any part of its funds in the shares of any other registered
society may appoint as its proxy, for the purpose of voting in the affairs of such other registered society,
any one of its members.
**14. Restrictions on transfer of share or interest.—(1) The transfer or charge of the share or interest**
of a member in the capital of a registered society shall be subject to such conditions as to maximum
holding as may be prescribed by this Act or by the rules.
(2) In case of a society registered with unlimited liability a member shall not transfer any share held
by him or his interest in the capital of the society or any part thereof unless—
(a) he has held such share or interest for not less than one year; and
(b) the transfer or charge is made to the society or to a member of the society.
# DUTIES OF REGISTERED SOCIETIES
**15. Address of societies.—Every registered society shall have an address, registered in accordance**
with the rules, to which all notices and communications may be sent, and shall send to the Registrar
notice of every change thereof.
**16. Copy of Act, rules and by-laws to be open to inspection.— Every registered society shall keep a**
copy of this Act and of the rules governing such society, and of its by-laws, open to inspection free of
charge at all reasonable times at the registered address of the society.
**17. Audit.—(1) The Registrar shall audit or cause to be audited by some person authorised by him by**
general or special order in writing in this behalf the accounts of every registered society once at least in
every year.
(2) The audit under sub-section (1) shall include an examination of overdue debts, if any, and a
valuation of the assets and liabilities of the society.
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(3) The Registrar, the Collector or any person authorised by general or special order in writing in this
behalf by the Registrar shall at all times have access to all the books, accounts, papers and securities of a
society, and every officer of the society shall furnish such information in regard to the transactions and
working of the society as the person making such inspection may require.
# PRIVILEGES OF REGISTERED SOCIETIES
**18. Societies to be bodies corporate.—The registration of a society shall render it a body corporate**
by the name under which it is registered, with perpetual succession and a common seal, and with power
to hold property, to enter into contracts, to institute and defend suits and other legal proceedings and to
do all things necessary for the purposes of its constitution.
**19. Prior claim of society.— Subject to any prior claim of the Government in respect of land-revenue**
or any money recoverable as land-revenue or of a landlord in respect of rent or any money recoverable as
rent, a registered society shall be entitled in priority to other creditors to enforce any outstanding demand
due to the society from a member or past member—
(a) in respect of the supply of seed or manure or of the loan of money for the purchase of seed or
manure upon the crops or other agricultural produce of such member or person at any time within
eighteen months from the date of such supply or loan;
(b) in respect of the supply of cattle, fodder for cattle, agricultural or industrial implements or
machinery, or raw materials for manufacture, or of the loan of money for the purchase of any of the
foregoing things—upon any such things so supplied, or purchased in whole or in part from any such
loan, or on any articles manufactured from raw materials so supplied or purchased.
**20. Charge and set-off in respect of shares or interest of member.—A registered society shall have**
a charge upon the share or interest in the capital and on the deposits of a member or past member and
upon any dividend, bonus or profits payable to a member or past member in respect of any debt due from
such member or past member to the society, and may set-off any sum credited or payable to a member or
past member in or towards payment of any such debt.
**21. Shares or interest not liable to attachment.— Subject to the provisions of section 20, the share**
or interest of a member in the capital of a registered society shall not be liable to attachment or sale under
any decree or order of a Court of Justice in respect of any debt or liability incurred by such member, and
neither the Official Assignee under the Presidency-towns Insolvency Act, 1909 (3 of 1909) nor a
Receiver under the Provincial Insolvency Act, 1907 (3 of 1907)[1], shall be entitled to or have any claim on
such share or interest.
**22. Transfer of interest on death of member.—(1) On the death of a member a registered society**
may transfer the share or interest of the deceased member to the person nominated in accordance with the
rules made in this behalf, or, if there is no person so nominated, to such person as may appear to the
committee to be the heir or legal representative of the deceased member, or pay to such nominee, heir or
legal representative, as the case may he, a sum representing the value of such member's share or interest,
as ascertained in accordance with the rules or by-laws:
Provided that—
(i) in the case of a society with unlimited liability, such nominee, heir or legal representative, as
the case may be, may require payment by the society of the value of the share or interest of the
deceased member ascertained as aforesaid;
(ii) in the case of a society with limited liability, the society shall transfer the share or interest of
the deceased member to such nominee, heir or legal representative, as the case may be, being qualified
in accordance with the rules and by-laws for membership of the society, or on his application within
one month of the death of the deceased member to any person specified in the application who is so
qualified.
1. See now the Provincial Insolvency Act, 1920 (5 of 1920).
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(2) A registered society may pay all other moneys due to the deceased member from the society to
such nominee, heir or legal representative, as the case may be.
(3) All transfers and payments made by a registered society in accordance with the provisions of this
section shall be valid and effectual against any demand made upon the society by any other person.
**23. Liability of past member.—The liability of a past member for the debts of a registered society**
as they existed at the time when he ceased to be a member shall continue for a period of two years from
the date of his ceasing to be a member.
**24. Liability of the estates of deceased member.—The estate of a deceased member shall be liable**
for a period of one year from the time of his decease for the debts of a registered society as they existed
at the time of his decease.
**25. Register of members.—Any register or list of members or shares kept by any registered society**
shall be prima facie evidence of any of the following particulars entered therein:—
(a) the date at which the name of any person was entered in such register or list as a member;
(b) the date at which any such person ceased to be a member.
**26. Proof of entries in societies, books.—A copy of any entry in a book of a registered society**
regularly kept in the course of business, shall, if certified in such manner as may be prescribed by the
rules, be received, in any suit or legal proceeding, as prima facie evidence of the existence of such entry,
and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case
where, and to the same extent as, the original entry itself is admissible.
**27. Exemption from compulsory registration of instruments relating to shares and debentures**
**of registered society.—Nothing in section 17, sub-section (1), clauses (b) and (c) of the Indian**
Registration Act, 1908 (16 of 1908), shall apply to—
(1) any instrument relating to shares in a registered society, notwithstanding that the assets of such
society consist in whole or in part of immoveable property; or
(2) any debenture issued by any such society and not creating, declaring, assigning, limiting or
extinguishing any right, title or interest to or in immoveable property except in so far as it entitles the
holder to the security afforded by a registered instrument whereby the society has mortgaged,
conveyed or otherwise transferred the whole or part of its immoveable property or any interest
therein to trustees upon trust for the benefit of the holders of such debentures; or
(3) any endorsement upon or transfer of any debenture issued by any such society.
**28. Power to exempt from income-tax, stamp-duty and registration fees. —[1][(1)] The Central**
Government, by notification[2] in the Official Gazette, may, in the case of any registered society or class
of registered society, remit [3]*** the income-tax payable in respect of the profits of the society, or of the
dividends or other payments received by the members of the society on account of profits;
4* - - -
1. S. 28 re-numbered a sub-section (1) of that section by Act 38 of 1920, s. 2 and the first Schedule, Pt. I. The whole of this
Act, with the exception of—
(a) Sub-section (1) of section 28, and
(b) Sub-section (2) of section 28, so far as it relates to the stamp-duties specified in the second paragraph thereof, has
been repealed in Bengal by the Bengal Co-operative Societies Act, 1940 (Ben. 21 of 1940), s. 3 and the first Schedule.
2. For notifications under this section, see Gazette of India, 1914, Pt. I, p. 994.
3. The brackets and letter “(a)” omitted by Act 38 of 1920, s. 2 and the first Schedule, Pt. I.
4. Clauses (b) and (c) omitted by s. 2 and the first Schedule, Pt. I, ibid.
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1[(2) The 2[Government], by notification in the Official Gazette, may, in the case of any registered
society or class of registered society, remit—
_(a)_ the stamp-duty with which, under any law for the time being in force, instruments executed by
or on behalf of a registered society or by an officer or member and relating to the business of such
society, or any class of such instruments, are respectively chargeable, and
_(b)_ any fee payable under the law of registration for the time being in force.]
3[In this sub-section “Government” in relation to stamp-duty in respect of bills of exchange, cheques,
promissory notes, bills of lading, letters of credit, policies of insurance, [4][transfer of shares, debentures],
proxies and receipts, and in relation to any stamp-duty falling within [5][entry 96] in List I in the Seventh
Schedule to [6][the Constitution], means the Central Government, and save as aforesaid means the State
Government.][7]
# PROPERTY AND FUNDS OF REGISTERED SOCIETIES
**29.** **Restrictions on loans.—(1) A registered society shall not make a loan to any person other than**
a member:
Provided that, with the general or special sanction of the Registrar, a registered society may
make loans to another registered society.
_(2)_ Save with the sanction of the Registrar, a society with unlimited liability shall not lend money on
the security of moveable property.
_(3)_ The State Government may, by general or special order, prohibit or restrict the lending of money
on mortgage of immoveable property by any registered society or class of registered societies.
**30.** **Restrictions on borrowing.—A registered society shall receive deposits and loans from persons**
who are not members only to such extent and under such conditions as may be prescribed by the rules
or by-laws.
**31.** **Restrictions on other transactions with non-members.—Save as provided in sections 29 and**
30, the transactions of a registered society with persons other than members shall be subject to such
prohibitions and restrictions, if any, as the State Government may, by rules, prescribe.
**32.** **Investment of funds.—(1) A registered society may invest or deposit its funds—**
(a) in the Government Savings Bank, or
(b) in any of the securities specified in section 20 of the Indian Trusts Act, 1882 (2 of 1882), or
(c) in the shares or on the security of any other registered society, or
(d) with any bank or person carrying on the business of banking approved for this purpose by the
Registrar, or
(e) in any other mode permitted by the rules.
(2) Any investments or deposits made before the commencement of this Act which would have been
valid if this Act had been in force are hereby ratified and confirmed.
1. Added by Act 38 of 1920, s. 2 and the first Schedule Pt. I.
2. Subs. by the A. O 1937, for “L.G.”.
3. Added, ibid.
4. Ins. by the A.O. 1950.
5. Subs., ibid., for “Item 59”.
6. Subs., ibid., for “the Government of India Act, 1935”.
7. For s. 28A ins. in the U.P., see the Co-operative Societies (U.P. Amendment) Act, 1944 (U.P. 1 of 1944) as continued in
force by the U.P. Expiring Laws Continuance Act, 1948 (U.P. 13 of 1948).
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**33. Funds not to be divided by way of profit.—No part of the funds of a registered society shall be**
divided by way of bonus or dividend or otherwise among its members:
Provided that after at least one-fourth of the net profits in any year have been carried to a reserve
fund, payments from the remainder of such profits and from any profits of past years available for
distribution may be made among the members to such extent and under such conditions as may be
prescribed by the rules or by-laws:
Provided also that in the case of a society with unlimited liability no distribution of profits shall be
made without the general or special order of the State Government in this behalf.
**34. Contribution to charitable purpose.—Any registered society may, with the sanction of the**
Registrar, after one-fourth of the net profits in any year has been carried to a reserve fund, contribute an
amount not exceeding ten per cent. of the remaining net profits to any charitable purpose, as defined in
section 2 of the Charitable Endowments Act, 1890 (1 of 1890).
# INSPECTION OF AFFAIRS
**35. Inquiry by Registrar.—(1) The Registrar may of his own motion, and shall on the request of the**
Collector, or on the application of a majority of the committee, or of not less than one-third of the
members, hold an inquiry or direct some person authorised by him by order in writing in this behalf to
hold an inquiry into the constitution, working and financial condition of a registered society.
(2) All officers and members of the society shall furnish such information in regard to the affairs of
the society as the Registrar or the person authorised by the Registrar may require.
**36. Inspection of books of indebted society.—(1) The Registrar shall, on the application of a creditor**
of a registered society, inspect or direct some person authorised by him by order in writing in this
behalf to inspect the books of the society:
Provided that—
(a) the applicant satisfies the Registrar that the debt is a sum then due, and that he has demanded
payment thereof and has not received satisfaction within a reasonable time; and
(b) the applicant deposits with the Registrar such sum as security for the costs of the proposed
inspection as the Registrar may require.
(2) The Registrar shall communicate the results of any such inspection to the creditor.
**37. Costs of inquiry.—Where an inquiry is held under section 35, or an inspection is made under**
section 36, the Registrar may apportion the costs, or such part of the costs as he may think right, between
the society, the members or creditor demanding an inquiry or inspection, and the officers or former officers
of the society.
**38. Recovery of costs.—Any sum awarded by way of costs under section 37 may be recovered, on**
application to a Magistrate having jurisdiction in the place where the person from whom the money is
claimable actually and voluntarily resides or carries on business, by the distress and sale of any moveable
property within the limits of the jurisdiction of such Magistrate belonging to such person.
# DISSOLUTION OF SOCIETY
**39. Dissolution.—(1) If the Registrar, after an inquiry has been held under section 35 or after an**
inspection has been made under section 36 or on receipt of an application made by three-fourths of the
members of a registered society, is of opinion that the society ought to be dissolved, he may cancel the
registration of the society.
(2) Any member of a society may, within two months from the date of an order made under
sub-section (1), appeal from such order.
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(3) Where no appeal is presented within two months from the making of an order cancelling the
registration of a society, the order shall take effect on the expiry of that period.
(4) Where an appeal is presented within two months, the order shall not take effect until it is formed by
the appellate authority.
(5) The authority to which appeals under this section shall lie shall be the State Government:
Provided that the State Government may, by notification in the Official Gazette, direct that appeals
shall lie to such Revenue authority as may be specified in the notification.
**40. Cancellation of registration of society.—Where it is a condition of the registration of a society that**
it should consist of at least ten members, the Registrar may, by order in writing, cancel the registration of the
society if at any time it is proved to his satisfaction that the number of the members has been reduced to less
than ten.
**41. Effect of cancellation of registration.—Where the registration of a society is cancelled, the society**
shall cease to exist as a corporate body—
(a) in the case of cancellation in accordance with the provisions of section 39, from the date the order
of cancellation takes effect;
(b) in the case of cancellation in accordance with the provisions of section 40, from the date of the
order.
**42. Winding-up.—(1) Where the registration of a society is cancelled under section 39 or section 40, the**
Registrar may appoint a competent person to be liquidator of the society.
1(2) A liquidator appointed under sub-section (1) shall have power—
(a) to institute and defend suits and other legal proceedings on behalf of the society by his name of
office;
(b) to determine the contribution to be made by the members and past members of the society
respectively to the assets of the society;
(c) to investigate all claims against the society and, subject to the provisions of this Act, to decide
questions of priority arising between claimants;
(d) to determine by what persons and in what proportions the costs of the liquidation are to be
borne; and
(e) to give such directions in regard to the collection and distribution of the assets of the society, as
may appear to him to be necessary for winding-up the affairs of the society.
(3) Subject to any rules, a liquidator appointed under this section shall, in so far as such powers are
necessary for carrying out the purposes of this section, have power to summon and enforce the attendance of
witnesses and to compel the production of documents by the same means and (so far as may be) in the same
manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).
(4) Where an appeal from any order made by a liquidator under this section is provided for by the rules, it
shall lie to the Court of the District Judge.[2]
1. This sub-section has been amended in its application to the C.P. and Berar by the C.P. and Berar Co-operative Societies
Amendment and Liquidator's Orders Validation Act, 1945 (C.P. & B. 10 of 1945) as continued in force by the C.P. &
Berar Expiring Laws Continuance and Amending Act, 1947 (C.P. & B. 48 of 1947).
2. For sub-section (4A) which applies to the U.P., _see_ the Co-operative Societies (Amendment) Act, 1919 (U.P. 3 of
1919).
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1(5) Orders made under this section shall, on application, be enforced as follows:—
(a) when made by a liquidator, by any Civil Court having local jurisdiction in the same manner as a
decree of such Court;
(b) when made by the Court of the District Judge on appeal, in the same manner as a decree of such
Court made in any suit pending therein.
(6) Save in so far as is hereinbefore expressly provided no Civil Court shall have any jurisdiction in respect
of any matter connected with the dissolution of a registered society under this Act.[2]
RULES
**43. Rules.—(1) The State Government may, for the whole or any part of the State and for any**
registered society or class of such societies, make rules[3] to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) subject to the provisions of section 5, prescribe the maximum number of shares or portion of the
capital of a society which may be held by a member;
(b) prescribe the forms to be used and the conditions to be complied with in the making of applications
for the registration of a society and the procedure in the matter of such applications;
(c) prescribe the matters in respect of which a society may or shall make by-laws and for the procedure
to be followed in making, altering and abrogating by-laws, and the conditions to be satisfied prior to such
making, alteration or abrogation;
(d) prescribe the conditions to be complied with by persons applying for admission or admitted as
members, and provide for the election and admission of members, and the payment to be made and the
interests to be acquired before the exercise of the right of membership;
(e) regulate the manner in which funds may be raised by means of shares or debentures or otherwise;
(f) provide for general meetings of the members and for the procedure at such meetings and the powers
to be exercised by such meetings;
(g) provide for the appointment, suspension and removal of the members of the committee and other
officers, and for the procedure at meetings of the committee, and for the powers to be exercised and the
duties to be performed by the committee and other officers;
(h) prescribe the accounts and books to be kept by a society and provide for the audit of such accounts
and the charges, if any, to be made for such audit, and for the periodical publication of a balance-sheet
showing the assets and liabilities of a society;
(i) prescribe the returns to be submitted by a society to the Registrar and provide for the persons by
whom and the form in which such returns shall be submitted;
(j) provide for the person by whom and the form in which copies of entries in books of societies
may be certified;
(k) provide for the formation and maintenance of a register of members and, where the liability of the
1. This sub-section has been modified in its application to the U.P., _see ibid._
2. For s. 42A ins. in the C.P., see the Co-operative Societies (C.P. Amendment) Act, 1930 (C. P. 7 of 1930). For sections 42-B
and 42-C ins. in the C.P. and Berar, see the following Acts as continued in force by the C.P. and Berar Act 48 of 1947:—
1. The C.P. and Berar Co-operative Societies (Amendment) Act, 1940 (C.P. & B. 5 of 1940);
2. The C.P. and Berar Co-operative Societies (Amendment) Act, 1941 (C.P. & B. 6 of 1941); and
3. The C.P. and Berar Co-operative Societies Amendment and Liquidators' Orders Validation Act, 1945 (C.P. & B. 10
of 1945).
3. For rules, see different local Rules and Orders.
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members is limited by shares, of a register of shares;
(l) provide that any dispute touching the business of a society between members or past members
of the society or persons claiming through a member or past member or between a member or past member
or persons so claiming and the committee or any officer shall be referred to the Registrar for decision or,
if he so directs, to arbitration, and prescribe the mode of appointing an arbitrator or arbitrators and the
procedure to be followed in proceedings before the Registrar or such arbitrator or arbitrators, and the
enforcement of the decisions of the Registrar or the awards of arbitrators;
(m) provide for the withdrawal and expulsion of members and for the payments, if any to he made to
members who withdraw or are expelled and for the liabilities of past members;
(n) provide for the mode in which the value of a deceased member’s interest shall be ascertained, and
for the nomination of a person to whom such interest may be paid or transferred;
(o) prescribe the payments to be made and the conditions to be complied with by members
applying for loans, the period for which loans may be made, and the amount which may be lent, to an
individual member;
(p) provide for the formation and maintenance of reserve funds, and the objects to which such
funds may be applied, and for the investment of any funds under the control of the society;
(q) prescribe the extent to which a society may limit the number of its members;
(r) prescribe the conditions under which profits may be distributed to the members of a society with
unlimited liability and the maximum rate of dividend which may be paid by societies;
(s) subject to the provisions of section 39, determine in what cases an appeal shall lie from the orders
of the Registrar, and prescribe the procedure to be followed in presenting and disposing of such appeals;
and
(t) prescribe the procedure to be followed by a liquidator appointed under section 42, and the cases in
which an appeal shall lie from the order of such liquidator.
(3) The State Government may delegate, subject to such conditions, if any, as it thinks fit, all or any of
its powers to make rules under this section to any authority specified in the order of delegation.
(4) The power to make rules conferred by this section is subject to the condition of the rules being
made after previous publication.
(5) All rules made under this section shall be published in the Official Gazette and on such publication
shall have effect as if enacted in this Act.
1[(6) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is
made, before the State Legislature.]
MISCELLANEOUS
**44. Recovery of sums due to Government.—(1) All sums due from a registered society or from an**
officer or member or past member of a registered society as such to the Government, including any costs
awarded to the Government under section 37, may be recovered in the same manner as arrears of
land-revenue.
(2) Sums due from a registered society to Government and recoverable under sub-section (1) may be
recovered, firstly, from the property of the society; secondly, in the case of a society of which the liability of
the members is limited, from the members subject to the limit of their liability; and, thirdly; in the case of
other societies, from the members.
1. Ins. by Act 4 of 1986, s. 2 and the schedule (w.e.f. 15-5-1986).
12
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**45. Power to exempt societies from conditions as to registration.—Notwithstanding anything**
contained in this Act, the State Government may, by special order in each case and subject to such conditions,
if any, as it may impose, exempt any society from any of the requirements of this Act as to registration.
**46. Power to exempt registered societies from provisions of the Act.—The State Government may,**
by general or special order, exempt any registered society from any of the provisions of this Act or may direct
that such provisions shall apply to such society with such modifications as may be specified in the order.
**47. Prohibition of the use of the word “co-operative”.—(1) No person other than a registered society**
shall trade or carry on business under any name or title of which the word “co-operative” is part without the
sanction of the State Government:
Provided that nothing in this section shall apply to the use by any person or his successor in interest of
any name or title under which he traded or carried on business at the date on which this Act comes into
operation.
(2) Whoever contravenes the provisions of this section shall be punishable with fine which may extend
to fifty rupees, and in the case of a continuing offence with further fine of five rupees for each day on which
the offence is continued after conviction therefor.
**48. Indian Companies Act, 1882, not to apply.—The provisions of the Indian Companies Act, 1882[1 ]**
(6 of 1882), shall not apply to registered societies.
**49. Saving of existing societies.—Every society now existing which has been registered under the**
Co-operative Credit Societies Act, 1904 (10 of 1904), shall be deemed to be registered under this Act, and
its by-laws shall, so far as the same are not inconsistent with the express provisions of this Act, continue
in force until altered or rescinded.
**50. [Repealed.]. Rep. by the Second Repealing and Amending Act, 1914 (17 of** 1914), _s. 3and the_
_second Schedule._
1. See now the Companies Act, 1956 (1 of 1956).
13
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|
27-Feb-1913 | 02 | The Official Trusteers Act, 1913 | https://www.indiacode.nic.in/bitstream/123456789/2352/1/A1913-02.pdf | central | # THE OFFICIAL TRUSTEES ACT, 1913
__________
ARRANGEMENT OF SECTIONS
________
PART I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Interpretation clause.
3. Extent of jurisdiction of High Court.
PART II
THE OFFICE OF OFFICIAL TRUSTEE
4. Official Trustees.
5. Appointment and powers of Deputy Official Trustee.
6. Official Trustee to be corporation sole, to have perpetual succession and official seal, and to sue and
be sued in his corporate name.
PART III
RIGHTS, POWERS, DUTIES AND LIABILITIES OF OFFICIAL TRUSTEE
7. General powers and duties of Official Trustee.
8. Official Trustee may with consent be appointed trustee of settlement by grantor.
9. Appointment of Official Trustee as trustee by will.
10. Power of High Court to appoint Official Trustee to be trustee of property.
11. Power of private trustees to appoint Official Trustee to be trustee of property.
12. Executor or administrator may pay to Official Trustee legacy, share, etc., of minor or lunatic.
13. Official Trustee not to be required to give bond or security.
14. Entry of Official Trustee not to constitute notice of a trust.
15. Liability of Government.
16. Notice- of suit not required in certain cases.
PART IV
FEES
17. Fees.
18. Disposal of fees.
PART V
AUDIT
19. Auditors to be appointed to examine Official Trustees‟s accounts, etc., and to report to Government.
1
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SECTIONS
20. Auditor‟s power to summon witnesses and to call for documents.
21. Costs of audit, etc., how paid.
22. Right of beneficiary to inspection and copies of accounts.
PART VI
MISCELLANEOUS
23. Transfer to Government of accumulations in the hands of Official Trustee.
24. Mode of proceeding by claimant to recover money so transferred.
25. Power of High Court to make orders in respect of property vested in Official Trustee.
26. Who may apply for order under Act.
27. Order of Court to have effect of a decree.
28. General powers of administration.
29. Transfer of trust property by Official Trustee to original trustee or any other trustee.
30. Rules.
31. [Repealed.].
32. Saving of provisions of Indian Registration Act, 1908.
32A. Saving.
32B. Special provision regarding certain Official Trustees affected by States‟ reorganisation.
33. [Repealed.].
_THE SCHEDULE.— [Repealed.]._
2
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# THE OFFICIAL TRUSTEES ACT, 1913
ACT NO. 2 OF 1913[1]
[27th February, 1913.]
# An Act to consolidate and amend the Law constituting the office of Official Trustee.
2*** It is hereby enacted as follows:—
PART I
PRELIMINARY
**1. Short title, extent and commencement. — (1) This Act may be called the Official Trustees**
Act, 1913.
3[( _2) It extends to the whole of India_ 4* * *.
(3) It shall come into force on such date[5] as the Central Government, by notification in the Official
Gazette, may direct.
6[2. Interpretation clause.—In this Act, unless there is anything repugnant in the subject or
context,—
(1) “Government” or “the Government” means, in relation to a State, the State
Government and, in relation to a Union territory, the Central Government.
7* - - -
(3) “prescribed” means prescribed by rules under this Act.]
8[3. Extent of jurisdiction of High Court.—The High Court shall, in respect of proceedings
instituted by or against the Official Trustee under this Act or the Indian Trusts Act, 1882
(2 of 1882), be a competent Court throughout the territories in relation to which it exercises civil
appellate jurisdiction:
Provided that nothing in this section shall be construed as affecting the jurisdiction of any
district court.]
PART II
THE OFFICE OF OFFICIAL TRUSTEE
**4. Official Trustees.—** [9][(1) [10][The Government shall appoint an Official Trustee for each
State]:
1. This Act has been amended in its application to the former province of Bengal by the Official Trustees (Bengal Amendment) Act,
1940 (Ben. 12 of 1940) and by the Official Trustees (Bengal Amendment) Act, 1941 (Ben. 1 of 1941). It has been extended to
Berar by the Berar Laws Act, 1941 (4 of 1941), and to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I.
2. Preamble omitted by Act 48 of 1964, s. 2.
3. Subs. by the A.O. 1950, for sub-section (2).
4. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 2 and Schedule (w.e.f. 15-8-1968).
5. The 1st April, 1914, see Gazette of India, 1914, Pt. I, p. 365.
6. Subs. by the A.O. (No. 2) 1956, for section 2.
7. Clause (2) omitted by Act 48 of 1964, s. 3.
8. Ins. by s. 4, ibid., s. 3, Earlier section 3 was omitted by the A.O. (No. 2) 1956.
9. Subs. by the A. O. 1937, for sub-section (1).
10. Subs. by the A.O. (No. 2) 1956, for the first paragraph.
3
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Provided that nothing herein contained shall be deemed to bar the appointment of the
same person as Official Trustee for two or more [1][States].]
2 [(2) No person shall be appointed to the office of Official Trustee unless he has been for at least—
(a) seven years, an advocate; or
(b) seven years, an attorney of a High Court; or
(c) ten years, a member of the judicial service of a State; or
(d) five years, a Deputy Official Trustee.]
3* - - -
**5. Appointment and powers of Deputy Official Trustee.— [4][(1)] The Government may appoint a**
Deputy or Deputies to assist the Official Trustee; and any Deputy so appointed shall, subject to the control of
the Government and the general or special orders of the Official Trustee, be competent to discharge any of
the duties and exercise any of the powers of the Official Trustee, and, when discharging such duties or
exercising such powers shall have the same privileges and be subject to the same- liabilities as the Official
Trustee.
5[(2) No person shall be appointed as a Deputy unless he has been for at least three years—
(a) an advocate; or
(b) an attorney of a High Court; or
(c) a member of the judicial service of a State.]
**6. Official Trustee to be corporation sole to have perpetual succession and official seal, and to sue**
**and he sued in his corporate name.—The Official Trustee shall be a corporation sole by the name of the**
Official Trustee of the [6][State] for which he is appointed and, as such Official Trustee, shall have perpetual
succession and an official seal, and may sue and be sued in his corporate name.
PART III
RIGHTS, POWERS, DUTIES AND LIABILITIES OF OFFICIAL TRUSTEE
**7. General powers and duties of Official Trustee.—(1) Subject to, and in accordance with, the**
provisions of this Act and the rules made thereunder, the Official Trustee may, if he thinks fit,—
(a) act as an ordinary trustee;
(b) be appointed trustee by a Court of competent jurisdiction.
(2) Save as hereinafter expressly provided, the Official Trustee shall have the same powers, duties and
liabilities and be entitled to the same rights and privileges and be subject to the same control and orders of the
Court as any other trustee acting in the same capacity.
(3) The Official Trustee may decline, either absolutely or except on such conditions as he may impose, to
accept any trust.
1. Subs. by the A.O. 1950, for “Divisions”.
2. Subs. by Act 48 of 1964, s. 5, for sub-section (2).
3. Sub-section (3) omitted by the A.O. 1937.
4. Section 5 was renumbered as sub-section (1) thereof by Act 48 of 1964, s. 6.
5. Ins, by s. 6, ibid.
6. Subs. by the A.O. 1950, for “Division” which had been subs. by the A.O. 1937, for “Presidency”.
4
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(4) The Official Trustee shall not accept, any trust under any composition or scheme of arrangement for
the benefit of creditors, nor of any estate known or believed by him to be insolvent.
(5) The Official Trustee shall not, save as provided by any rules made under this Act, accept any trust for
a religious purpose or any trust which involves the management or carrying on of any business.
(6) The Official Trustee shall not administer the estate of a deceased person, unless he is expressly
appointed sole executor of, and sole trustee under, the will of such person.
(7) The Official Trustee shall always be sole trustee, and it shall not be lawful to appoint the Official
Trustee to be trustee along with any other person.
**8. Official Trustee may with consent be appointed trustee of settlement by grantor.—(1) Any person**
intending to create a trust other than a trust which the Official Trustee is prohibited from accepting under the
provisions of this Act may by the instrument creating the trust and with the consent of the Official Trustee,
appoint him by that name or any other sufficient description to be the trustee of the property subject to such
trust:
Provided that the consent of the Official Trustee shall be recited in the said instrument and that such
instrument shall be duly executed by the Official Trustee.
(2) Upon such appointment the property subject to the trust shall vest in such Official Trustee, and shall
be held by him upon the trusts declared in such instrument.
**9. Appointment of Official Trustee as trustee by will.—When the Official Trustee has by that name or**
any other sufficient description been appointed trustee under any will, the executor of the will of [1][the
testator] or the administrator of his estate shall, after obtaining probate or letters of administration, notify in
the prescribed manner the contents of such will to such Official Trustee; and, if such Official Trustee
consents to accept the trust, then upon the execution by such executor or administrator of an instrument in
writing transferring the property subject to the Official Trustee, such property shall vest in such Official
Trustee, and shall be held by him upon the trusts expressed in the said will:
Provided that the consent of the Official Trustee shall be recited in the said instrument and that such
instrument shall be duly executed by the Official Trustee.
**10. Power of High Court to appoint Official Trustee to be trustee of property.—(1) If any property is**
subject to a trust other than a trust which the Official Trustee is prohibited from accepting under the
provisions of this Act, and there is no trustee within the local limits of the ordinary or extraordinary original
civil jurisdiction of the High Court willing or capable to act in the trust, the High Court may on application
make an order for the appointment of the Official Trustee by that name with his consent to be the trustee of
such property.
(2) Upon such order such property shall vest in the Official Trustee and shall be held by him upon the
same trusts as the same was held previously to such order, and the previous trustee or trustees (if any) shall be
exempt from the liability as trustees of such property save in respect of acts done before the date of such
order.
(3) Nothing in this section shall be deemed to affect the provisions of [2]* * * the Indian Trusts Act, 1882
(2 of 1882).
**11. Power of private trustees to appoint Official Trustee to be trustee of property.—(1) If any**
property is subject to a trust other than a trust which the Official Trustee is prohibited from accepting under
the provisions of this Act, and all the trustees or the surviving or continuing trustee or trustees and all persons
1. Subs. by Act 18 of 1919, s. 2 and first Schedule, for “such testator”.
2. The words and figures “the Trustees' and Mortgagees‟ Powers Act, 1866, or” omitted by Act 48 of 1964, s. 7.
5
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beneficially interested in the trust arc desirous that the Official Trustee shall be appointed in the room of such
trustee or trustees, it shall be lawful for such trustee or trustees, by an instrument in writing to appoint the
Official Trustee by that name or any other sufficient description with his consent to be the trustee of such
property:
Provided that the consent of the Official Trustee shall be recited in the said instrument and that such
instrument shall be duly executed by him.
(2) Upon such appointment such property shall vest in the Official Trustee and shall be held by him upon
the same trusts as the same was held previously to such appointment, and the previous trustee or trustees shall
be exempt from all liability as trustees of such property save in respect of acts done before the date of such
appointment.
**12. Executor or administrator may pay to Official Trustee legacy, share, etc., of minor or**
**lunatic.—(1) If any [1][minor] or lunatic is entitled to any gift, legacy or share of the assets of a deceased**
person, it shall be lawful for the person by whom such gift is made, or executor or administrator by whom
such legacy or share is payable or transferable or any trustee of such gift, legacy or share, to transfer the same
by an instrument in writing to the Official Trustee by that name or any other sufficient description with his
consent:
Provided that the consent of the Official Trustee shall be recited in the said instrument and that such
instrument shall be duly executed by the Official Trustee.
(2) Any money or property transferred to the Official Trustee under this section shall vest in him and
shall be subject to the same provisions as arc contained in this Act as to other property vested in such Official
Trustee.
**13. Official Trustee not to be required to give bond or security.—(1) No Official Trustee shall be**
required by any Court to enter into any bond or security on his appointment in any capacity under this Act.
(2) No Official Trustee [2]* * * shall be required to verify otherwise than by his signature any petition
presented by him under the provisions of this Act, and if the facts stated in any such petition are not within
3[his personal knowledge], the petition may be verified and subscribed by any person competent to make the
verification.
**14. Entry of Official Trustee not to constitute notice of a trust.—The entry of the Official Trustee by**
that name in the books of a company shall not constitute notice of a trust; and a company shall not be entitled
to object to enter the name of the Official Trustee on its register by reason only that the Official Trustee is a
corporation; and, in dealing with property, the fact that the person dealt with is the Official Trustee shall not
of itself constitute notice of a trust.
**15. Liability of Government.— (1) The [4]* * * Government [5]* * * shall be liable to make good all sums**
required to discharge any liability which the Official Trustee, if he were a private trustee, would be personally
liable to discharge, except when the liability is one to which neither the Official Trustee nor any of his
officers has in any way contributed or which neither he nor any of his officers could by the exercise of
reasonable diligence have averted, and in either of those cases the Official Trustee shall not, nor shall the
6[Government], be subject to any liability.
(2) Nothing in sub-section (1) shall be deemed to render the [6][Government] or any Official Trustee
appointed under this Act liable for anything done by or under the authority of any Official Trustee before the
commencement of this Act.
1. Subs. by Act 48 of 1964, s. 8, for “infant”.
2. The words “or Deputy Official Trustee” omitted by s. 9, ibid.
3. Subs. by s. 9, ibid., for “the Official Trustees' personal knowledge”.
4. The words “revenues of the” omitted by s. 10, ibid.
5. The words “of India” omitted by Act 21 of 1922, s. 3.
6. The words “revenues of the Government of India” have been successively amended by Act 21 of 1922, s. 3, the A.O. 1937 and Act
48 of 1964, s. 10, to read as above.
6
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**16. Notice of suit not required in certain cases.— Nothing in section 80 of the Code of Civil Procedure,**
1908 (5 of 1908) shall apply to any suit against the Official Trustee in which no relief is claimed against him
personally.
PART IV
FEES
**17. Fees.—(1) There shall be charged in respect of the duties of the Official Trustee such fees, whether**
by way of percentage or otherwise, as the Government may prescribe.
1* - - -
(2) The fees under this section may be at different rates for different properties or classes of
properties or for different duties, and shall, so far as may be, be arranged so as to produce an
amount sufficient to discharge the salaries and all other expenses incidental to the working of this
Act (including such sum as Government may determine to be required to insure [2] *** the
Government [3]*** against loss under this Act).
**18. Disposal of fees.— (1) All expenses which might be retained or paid out of the trust**
fund, if the Official Trustee were a private trustee, shall be so retained or paid, and any fees leviable
under this Act shall be retained or paid in like manner as and in addition to such expenses.
(2) The Official Trustee shall transfer and pay to such authority and in such manner and at such times
as the Government may prescribe, all fees received by him under this Act, and the same shall be carried to the
account and credit of the Government [2]***.
PART V
AUDIT
**19. Auditors to he appointed to examine Official Trustee’s accounts, etc., and to report to**
**Government.—(1) The accounts of the Official Trustee shall be audited at least once annually and at any**
other time if the Government so direct by the prescribed person and in the prescribed manner.
(2) The auditor shall examine such accounts, and shall forward to Government a statement thereof in the
prescribed form, together with a report thereon and a certificate signed by him showing—
4[(a) whether the accounts have been audited in the prescribed manner, and whether, so far as can be
ascertained by such audit, the accounts contain a full and true account of everything which ought to be
contained therein;]
(b) whether the books, which by any rules made under this Act are directed to be kept by the Official
Trustee, have been duly and regularly kept, and
(c) whether the trust funds and securities have been duly kept and invested and deposited
in the manner prescribed by this .Act or any rules made thereunder;
or (as the case may be) that such accounts are deficient, or that the Official Trustee has failed to comply with
this Act or the rules made thereunder, in such respects as may be specified in such certificate.
**20. Auditor’s power to summon witnesses and to call for documents.—(1) Every auditor shall have**
the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908),—
(a) to summon any person whose presence he may think necessary to attend him from time to time,
and
1. The proviso omitted by Act 48 of 1964, s. 11.
2. The words “the revenues of” omitted by s. 11, ibid.
3. The words “of India” omitted by Act 21 of 1922, s. 4.
4. Subs. by Act 48 of 1964, s. 12, for clause (a).
7
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(b) to examine any person, on oath to be by him administered, and
(c) to issue a commission for the examination on interrogatories or otherwise of any person, and
(d) to summon any person to produce any document or thing, the production of which appears to be
necessary for the purposes of such audit or examination.
(2) Any person who, when summoned, refuses, or without reasonable cause neglects to attend or to
produce any document or thing or attends and refuses to be sworn, or to be examined shall be deemed
to have committed an offence within the meaning of, and punishable under section 188 of the Indian
Penal Code (45 of 1860), and the auditor shall report every case of such refusal or neglect to
Government.
**21. Costs of audit, etc., how paid.—The cost of and incidental to every such audit and examination shall**
be determined in accordance with rules made by the Government and shall be defrayed in the prescribed
manner.
**22. Right of beneficiary to inspection and copies of accounts.—Every beneficiary under a trust**
which is being administered by the Official Trustee shall, subject to such conditions and restrictions as
may be prescribed, be entitled, at all reasonable times, to inspect the accounts of such trust, and the
report and certificate of the auditor and, on payment of the prescribed fee, to be furnished with copies
thereof .or extracts therefrom, and nothing in the Indian Trusts Act, 1882 (2 of 1882), shall affect the
provisions of this section.
PART VI
MISCELLANEOUS
**23. Transfer to Government of accumulations in the hands of Official Trustee.—When any moneys**
payable to a beneficiary under a trust have been in the hands of any Official Trustee for a period of, twelve
years or upwards whether before or after the commencement of this Act in consequence of the Official
„Trustee having been unable to trace the person entitled to receive the same, such money shall be transferred
in the prescribed manner to the account and credit of the Government [1]***:
Provided that no such moneys shall be so transferred if any suit or proceeding is pending in respect
thereof in any Court.
**24. Mode of proceeding by claimant to recover money so transferred.—(1)** If any claim is
made to any moneys so transferred and such claim is established to the satisfaction of the
prescribed authority, the Government [1]*** shall pay to the claimant the amount in respect of
which the claim is established.
(2) If such claim is not established to the satisfaction of the prescribed authority, the claimant
may, without prejudice to his right to take any other proceedings for the recovery of such moneys,
apply by petition to the High Court against the [2][Government], and, after taking such evidence as it
thinks fit, such Court shall make such order on the petition in regard to the payment of such
moneys as it thinks fit, and such order shall be binding on all parties to the proceedings.
3* - - -
(3) The Court may further direct by whom all or any part of the costs of such proceedings shall be paid.
**25. Power of High Court to make orders in respect of property vested in Official Trustee.— The**
High Court may make such orders as it thinks fit respecting any trust property vested in the Official Trustee,
or the [4][income] or produce thereof.
1. The words “of India” omitted by Act 21 of 1922, s. 4.
2. Subs. by the A.O. 1937, for “Secretary of State for India in Council”.
3. The proviso omitted by the A.O. 1950. Earlier inserted by the A.O. 1937.
4. Subs. by Act 48 of 1964, s. 13, for “interest”.
8
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**26. Who may apply for order under Act.—Any order under this Act may be made, on the application**
of any person beneficially interested in any trust property or of any trustee thereof.
**27. Order of Court to have effect of a decree.—Any order made by a High Court under this Act shall**
have the same effect as a decree.
**28. General powers of administration.—The** Official Trustee may, in addition to and not in derogation
of any other powers of expenditure lawfully exercisable by him, incur expenditure—
(a) on such acts as may be necessary for the proper care and management of any property belonging
to any trust administered by him; and
(b) with the sanction of the High Court on such religious, charitable and other objects and on such
improvements as may be reasonable and proper in the case of such property.
**29. Transfer of trust property by Official Trustee to original trustee or any other trustee.—(1)**
Nothing in this Act shall be deemed to prevent the transfer by the Official Trustee of any property vested in
him to—
(a) the original trustee (if any); or
(b) any other lawfully appointed trustee; or
(c) any other person if the Court so directs.
(2) Upon such transfer such property shall vest in such trustee, and shall be held by him upon the same
trusts as those upon which it was held prior to such transfer, and the Official Trustee shall be exempt from all
liability as trustee of such property except in respect of acts done before such transfer:
Provided that, in the case of any transfer under this section, the Official Trustee shall be entitled to
retain out of the property any fees leviable in accordance with the provisions of this Act.
**30. Rules.—(1) The Government shall make rules for carrying into effect the objects of this Act**
and for regulating the proceedings of the Official Trustee in the discharge of his duties.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide
for—
(a) the accounts to be kept by the Official Trustee and the audit and inspection thereof;
(b) the safe custody, and deposit of the funds and securities which come into the hands of the Official
Trustee;
(c) the remittance of sums of money in the hands of the Official Trustee in cases in which such
remittances are required;
(d) the statements, schedules and other documents to be submitted by the Official Trustee
to Government or to any other authority and the publication of such statements, schedules or
other documents;
(e) the realization of the cost of preparing any such statements, schedules or other documents ;
1* _*_ _*_ _*_ _*_
(f) subject to the provisions of this Act, the fees to be paid thereunder and the collection and
accounting for any fees so fixed;
(g) the manner in which and the person by whom the costs of and incidental to any audit under the
provisions of this Act are to be determined and defrayed;
1. Clause (ee) rep. by the Act 5 of 1917, s. 6 and the Schedule. Earlier inserted by Act 10 of 1914, s. 2 and the first Schedule.
9
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(h) the manner in which summonses issued under the provisions of section 20 are to be served and
the payment of the expenses of any persons summoned or examined under the provisions of this Act and
of any expenditure incidental to such examination;
(i) the acceptance by the Official Trustee of trusts for religious purposes and trusts which involve the
management or carrying on of business; and
(j) any matter in this Act directed to be prescribed.
(3) Rules made under the provisions of this section shall be published in the Official Gazette, and shall
thereupon have effect as if enacted in this Act.
1[(3A) Every rule made by the State Government under this section shall be laid, as soon as it is made,
before the State Legislature.]
2[(4) Every rule made by the Central Government under this section shall be laid, as soon as may be after
it is made, before each House of Parliament while it is in session for a total period of thirty days which may
be comprised in one session or [3][in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid], both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no effect, as the case may be;
so however that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.]
**31. [Division. of Presidency into Provinces.] Rep. by the Adaptation of Laws (Order), 1937.**
**32. Saving of provisions of Indian Registration Act, 1908.—Nothing contained in this Act**
shall be deemed to affect the provisions of the Indian Registration Act, 1908 (16 of 1908).
4[32A. Saving.—5[(1)] The amendments of this Act which come into force on 6[the 26th day of
January, 1950], shall not affect any legal proceedings pending in any Court on that date or be
construed as automatically transferring any property from any Official Trustee to any other Official
Trustee: but nothing in this section shall be construed as preventing a transfer of any such property
in accordance with any of the other provisions of this Act.]
7[(2) The amendments of this Act, which come into force on the 26th day of January, 1950, shall
not affect any legal proceeding arising out of the application of this Act to any person in a Part B
State and pending in any Court on the said date or the administration of any property or estate of any
such person which was immediately before that date vested in an Official Trustee under this Act, and
the provisions of this Act shall, notwithstanding the said amendments, continue to apply with
necessary modifications, in relation to such proceedings or such property or estate, as the case may
be.]
8[ **32B. Special provision regarding certain Official Trustees affected by States’**
**reorganisation.—The amendments of this Act which come into force on the 1st November, 1956,**
shall not affect any legal proceedings pending in any Court on that date and where, on account of
the reorganisation of States under the States Reorganisation Act, 1956 (37 of 1956), or the Bihar
and West Bengal (Transfer of Territories) Act, 1956 (40 of 1956), the whole or any part of a State
1. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984).
2. Ins. by Act 48 of 1964, s. 14.
3. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984).
4. Ins. by the A.O. 1937.
5. Renumbered as sub-section (1) by the A.O. 1950.
6. Subs., ibid., for “the commencement of Part III of the Government of India Act, 1935.”.
7. Added, ibid.
8. Ins. by the A.O. (No. 2) 1956.
10
-----
is transferred to any other State, such transfer of the territory of the State shall not be construed as
automatically transferring any property from any Official Trustee to any other Official Trustee; but
if, by reason of such transfer of territory, it appears to the Central Government that the whole or
any part of the property vested in an Official Trustee, should be vested in another Official Trustee,
that Government may direct that the property will be so vested and thereupon it shall vest in that
other Official Trustee and his successors as fully and effectually for the purposes of this Act, as if
it had been originally vested in him under this Act.]
**33.** [Repeals.] Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Schedule.
_THE SCHEDULE.—[Enactments repealed.] Rep. by s. 2 and Schedule, ibid._
_________
11
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|
7-Mar-1913 | 05 | The White Phosphorus Matches Prohibition Act, 1913 | https://www.indiacode.nic.in/bitstream/123456789/2353/1/A1913-05.pdf | central | # THE WHITE PHOSPHORUS MATCHES PROHIBITION ACT, 1913
_________
# ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title, extent and commencement.
2. Definition.
3. [Repealed.].
4. Prohibition of use of white phosphorus in manufacture of matches.
5. Power of Inspector of Factories to take samples of material used in manufacture.
6. Prohibition of sale.
1
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# THE WHITE PHOSPHORUS MATCHES PROHIBITION ACT, 1913
ACT NO. 5 OF 1913
[7th March,1913.]
# An Act to prohibit the importation, manufacture and sale of matches made with white phosphorus.
WHEREAS it is expedient to prohibit the importation, manufacture and sale of matches made with white
phosphorus; It is hereby enacted as follows:—
**1. Short title, extent and commencement.—(1) This Act may be called the White Phosphorus Matches**
Prohibition Act, 1913.
(2) It extends to the whole of India except [1][the territories which, immediately before the 1st November,
1956, were comprised in Part B States]; and
(3) It shall come into force on the first day of July, 1913, with the exception of section 6, which shall
come into force on the first day of July, 1914.
**2. Definition.—In this Act, “white phosphorus” means the substance commonly known as white or**
yellow phosphorus.
**3. [Prohibition of importation by addition to section 18, Act 8 of 1878.] Rep. by the Repealing Act, 1938**
(1 of 1938), s. 2 and the Schedule.
**4. Prohibition of use of white phosphorus in manufacture of matches.—(1) No person shall use white**
phosphorus in the manufacture of matches.
(2) Any person who uses, or permits the use by any person under his control of, white phosphorus in the
manufacture of matches, shall be punishable with fine which may extend to two hundred rupees.
**5. Power of Inspector of Factories to take samples of material used in manufacture.—(1) Every**
person who manufactures matches shall allow an Inspector of Factories appointed under the Indian Factories
Act, 1911[2] (12 of 1911), at any time to take for analysis sufficient samples of any material in use or mixed for
use, in such manufacture:
Provided that any such person may, at the time the sample is taken, and on providing the necessary
appliances, require the Inspector to divide the sample so taken into two parts, and to mark, seal and deliver to
him one part.
(2) Any person who refuses to permit any such Inspector of Factories as aforesaid to take a sample, in
accordance with the provisions of sub-section (1), shall be punishable with fine which may extend to two
hundred rupees.
**6. Prohibition of sale.—(1) No person shall sell, or offer or expose for sale, or have in his possession for**
the purposes of sale, any matches made with white phosphorus.
(2) Any person who contravenes the provisions of sub-section (1) may, on complaint to a Presidency
Magistrate, Sub-divisional Magistrate or Magistrate of the first class, be ordered to forfeit any such matches
in his possession, and any matches so forfeited shall be destroyed or otherwise dealt with as the Magistrate
may direct.
________
1. Subs. by the A.O. (No. 2) 1956, for “Part B States”.
_2. See now the Factories Act, 1948 (63 of 1945)._
2
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|
3-Feb-1914 | 02 | The Destructive Insects and Pests Act, 1914 | https://www.indiacode.nic.in/bitstream/123456789/2354/1/A1914-02.pdf | central | # THE DESTRUCTIVE INSECTS AND PESTS ACT, 1914
_________
# ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title and commencement.
2. Definitions.
3. Power of Central Government to regulate or prohibit the import of articles likely to infect.
4. Operation of notification under section 3.
4A. Power of Central Government to regulate or prohibit transport from State to State of insects or
articles likely to infect.
4B. Refusal to carry article of which transport is prohibited.
4C. [Omitted.].
4D. Power of Central Government to make rules.
5. Power of State Government to make rules.
5A. Penalties.
6. Protection to persons acting under Act.
1
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# THE DESTRUCTIVE INSECTS AND PESTS ACT, 1914
ACT NO. 2 OF 1914[1]
[3rd February, 1914.]
# An Act to prevent the introduction into [2][India] [3][and the transport from one province to another]
4*** of any insect, fungus or other pest, which is or may be destructive to crops.
WHEREAS it is expedient to make provision for preventing the introduction into [5][India] [3][and the
transport from one province to another] [4]*** of any insect, fungus or, other pest, which is or may be
destructive to crops; It is hereby enacted as follows:—
**1. Short title and extent.—[6][(1)] This Act may be called the Destructive Insects and Pests Act, 1914.**
7[(2) It extends to the whole of India 8***.]
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) “crops” includes all agricultural or horticultural crops [9][and all trees, bushes or plants];
(b) “import” means the bringing or taking by sea, [10][land or air] [11][across any customs frontier as defined
by the Central Government]; [12]***
(c) “infection” means infection by any insect, fungus or other pest injurious to a crop; [13]***
14* - - -
**3. Power of Central Government to regulate or prohibit the import of articles likely to infect.—(1)**
The Central Government may, by notification in the Official Gazette, prohibit or regulate, subject to such
restrictions and conditions as it may impose, the import into [15][India], or any part thereof, or any specified
place therein, of any article or class of articles likely to cause infection to any crop [16][or of insects generally
or any class of insects].
(2) A notification under this section may specify any article or class of articles [16][or any insect or class of
insects], either generally or in any particular manner, whether with reference to the country of origin or the
route by which imported or otherwise.
1. The Act has been extended in its application to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 3 and the First
Schedule and to Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and the First Schedule.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule for “Part A States and Part C States”.
3. Ins. by Act 6 of 1938, s. 2.
4. The words “in British India” were omitted by the A.O. 1948.
5. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the territories comprised within Part A States and Part C States (hereinafter in
this Act referred to as the said territories)”.
6. Section 1 re-numbered as sub-section (1) thereof by s. 3 and the Schedule, ibid.
7. Ins. by s. 3 and the Schedule, ibid.
8. The words “except the State of Jammu and Kashmir” omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f 1-11-1956).
9. Subs. by Act 6 of 1938, s. 3, for “and trees or bushes”.
10. Subs. by Act 20 of 1930, s. 2, for “or land”.
11. Ins. by the A.O. 1937. For definition of customs frontier, see section 3A of the Sea Customs Act, 1878 (8 of 1878) and Gazette of
India, Pt. II, Sec. 3, dated 6th August, 1955, p. 1521.
12. The word “and” omitted by Act 3 of 1939, s. 2.
13. The word “and” omitted by the A.O. 1948, which was earlier added by Act 3 of 1939, s. 2.
14. Clause (d) omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956). Earlier it was subs. by Act 3 of 1951, s. 3 and the
Schedule.
15. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the said territories”.
16. Ins. by Act 6 of 1938, s. 4.
2
-----
1[(3) The Central Government may, by notification under this section, also levy and collect such fees at
such rates and in such manner as may be specified therein for making an application for a permit to import, or
for making inspection, fumigation, disinfection, disinfestation or supervision of, any article or class of articles
of any insect or class of insects under this section].
**4. Operation of notification under section 3.—A notification under section 3 shall operate as if it had**
been issued under section 19 of the Sea Customs Act, 1878 (8 of 1878), and the officers of Customs at every
port shall have the same powers in respect of any article with regard to the importation of which such a
notification has been issued as they have for the time being in respect of any article the importation of which
is regulated, restricted or prohibited by the law relating to Sea Customs, and the law for the time being in
force relating to Sea Customs or any such article shall apply accordingly.
2[4A. Power of Central Government to regulate or prohibit transport from State to State of insects
**or articles likely to infect.—The Central Government may, by notification in the Official Gazette, prohibit**
or regulate, subject to such conditions as the Central Government may impose, the export from a State or the
transport from one State to another State [3]*** of any article or class of articles likely to cause infection to any
crop or of insects generally or any class of insects.
**4B. Refusal to carry article of which transport is prohibited.—When a notification has been issued**
under section 4A, then, notwithstanding any other law for the time being in force, the person responsible for
the booking of goods or parcels at any railway station or inland steam vessel station,—
(a) where the notification prohibits export or transport, shall refuse to receive for carriage at, or to
forward or knowingly allow to be carried on, the railway or inland steam vessel from that station
anything, of which import or transport is prohibited, consigned to any place in a State other than the State
in which such station is situate; and
(b) where the notification imposes conditions upon export or transport shall so refuse, unless the
consignor produces, or the thing consigned is accompanied by, a document or documents of the
prescribed nature showing that those conditions are satisfied.
**4C. [Application of section 4B to articles exported to the State of Jammu and Kashmir.] Omitted by the**
_Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), s. 2 and the Schedule (w.e.f. 1-11-1956)._
**4D. Power of Central Government to make rules.—** [4] [(1)] The Central Government may, by
notification in the Official Gazette, make rules prescribing the nature of the documents which shall
accompany any article or insect the export or transport whereof is subject to conditions imposed under
section 4A, or, which shall be held by the consignor or consignee thereof, the authorities which may issue
such documents and the manner in which the documents shall be employed:
5* - - - *]
6[(2) Every rule made by the Central Government under this section shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under that
rule.]
1. Ins. by Act 12 of 1992, s. 2 (w.e.f. 27-10-1989).
2. Ins. by Act 6 of 1938, s. 5.
3. The words “in British India” rep. by the A.O. 1948.
4. Section 4D re-numbered as sub-section (1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
5. The proviso omitted by s. 2 and the Schedule, ibid. (w.e.f. 15-5-1986).
6. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-5-1986).
3
-----
**5. Power of State Government to make rules.—(1) The State Government may [1][, by notification in the**
Official Gazette,] [2]*** make rules for the detention, inspection, disinfection or destruction [3][of any insect or
class of insects or] of any article or class of articles in respect of which a notification has been issued under
section 3 [3][or under section 4A] or of any article which may have been in contact or proximity thereto, and
for regulating the powers and duties of the officers whom it may appoint in this behalf.
(2) In making any rule under this section the State Government may direct that a breach thereof shall be
punishable with fine, which may extend to one thousand rupees.
1[(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it
is made, before the State Legislature.]
4[5A. Penalties.—Any person who knowingly exports any article or insect from a State or transports any
article or insect from one State to another [5]*** in contravention of a notification issued under section 4A, or
attempts so to export or transport any article or insect [6]*** and any person responsible for the booking of
goods or parcels at a railway or inland steam vessel station who knowingly contravenes the provisions of
section 4B shall be punishable with fine which may extend to two hundred and fifty rupees and, upon any
subsequent conviction, with fine which may extend to two thousand rupees.]
**6. Protection to persons acting under Act.—No suit, prosecution or other legal proceeding shall lie**
against any person for anything in good faith done or intended to be done under this Act.
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. The words “subject to the control of the G.G. in C.” were omitted by the A.O. 1937.
3. Ins. by Act 6 of 1938, s. 6.
4. Ins. by s. 7, ibid.
5. The words “in British India” were omitted by the A.O. 1948.
6. The words “or exports or attempts to export from India to the State of Jammu and Kashmir any article or insect in respect of which
a notification under section 4C has been issued,” omitted by Act 62 of 1956 s. 2 and the Schedule (w.e.f. 1-11-1956).
4
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|
28-Feb-1914 | 09 | The Local Authorities Loans Act, 1914 | https://www.indiacode.nic.in/bitstream/123456789/19147/1/a1914-09.pdf | central | # THE LOCAL AUTHORITIES LOANS ACT, 1914
_____________
# ARRANGEMENT OF SECTIONS
_____________
SECTIONS.
1. Short title and extent.
2. Definitions.
3. Borrowing powers of local authorities.
4. Power to Government to make rules.
5. [Remedy by attachment if loan not repaid.](https://www.scconline.com/Members/BrowseResult.aspx#FS5)
6. Issue of short term bills.
7. Loans not to be effected except under this Act.
8. Application of Act to loans existing previous to the fifth of September, 1871.
9. Repealed.
SCHEDULE I
SCHEDULE II
1
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# THE LOCAL AUTHORITIES LOANS ACT, 1914
ACT NO. 9 OF 1914[1]
[28[th] February, 1914.]
# An Act to consolidate and amend the law relating to the grant of loans to Local Authorities.
# Preamble.—WHEREAS it is expedient to consolidate and amend the law relating to the borrowing
powers of local authorities; It is hereby enacted as follows:—
**1. Short title and extent.—(1) This Act may be called the Local Authorities Loans Act, 1914.**
2 3
[(2) It extends to the whole of India except [the territories which, immediately before
the 1[st ]November, 1956, were comprised in Part B States.]]
**2. Definitions.—In this Act, “local authority” means any person legally entitled to the control or**
management of any local or municipal fund, or legally entitled to impose any cess, rate, duty or tax within
any local area;
“funds”, used with reference to any local authority, includes any local or municipal fund to the
control or management of which such authority is legally entitled, and any cess rate duty or tax which
such authority is legally entitled to impose, and any property vested in such authority;
“prescribed” means prescribed by rules made under this Act; and
“work” includes a survey, whether incidental to any other work or not.
4[“The Government” or “the appropriate Government” means, in relation to cantonment authorities
and in relation to port authorities in major ports, the Central Government, and in relation to other local
authorities, the State Government.]
**3. Borrowing powers of local authorities.—(1) A local authority may, subject to the prescribed**
conditions, borrow on the security of its funds or any portion thereof for any of the following purposes,
namely:—
(i) the carrying out of any works which it is legally authorized to carry out,
(ii) the giving of relief and the establishment and maintenance of relief works in times of famine or
scarcity,
(iii) the prevention of the outbreak or spread of any dangerous epidemic disease,
(iv) any measures which may be connected with or ancillary to any purposes specified in clauses
(ii) and (iii),
1. The Act has been amended in its application to the C.P. by the Local Authorities Loan (C.P. Amendment) Act, 1922
(C.P. 1 of 1922).
It has been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941).
2. Subs. by the A.O. 1950, for sub-section (2).
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
4. Ins. by the A.O. 1937.
2
-----
(v) the repayment of money previously borrowed in accordance with law:
Provided that nothing in clause (v) shall be deemed to empower a local authority to fix a period for
the repayment of any money borrowed thereunder which, when the period fixed for the repayment of
the money previously borrowed is taken into account, will exceed the maximum period fixed for the
repayment of a loan by or under any enactment for the time being in force:
1 2
[Provided further that, in the case of loans other than loans made by the [appropriate
Government], no amount exceeding twenty-five lakhs of rupees shall be borrowed unless the terms,
including the date of flotation, of such loan have been approved by the [3][appropriate Government].]
(2) Nothing in this section shall be deemed to authorize any local authority—
(a) to borrow or spend money for any purpose for which, under the law for the time being in force,
it is not authorized to apply its funds, or
(b) to borrow money by means of the issue of bills or promissory notes payable within any period
not exceeding twelve months.
**4. Power to Government to make rules.—(1) The**
2[appropriate Government] may make 4rules
consistent with this Act as to—
(i) the nature of the funds on the security of which money may be borrowed;
(ii) the works for which money may be borrowed;
(iii) the manner of making applications for permission to borrow money;
(iv) the inquiries to be made in relation to such loans, and the manner of conducting such inquiries;
(v) the cases and the forms in which particulars of applications and proceedings, and orders
thereon, shall be published;
(vi) the cases in which the 2[appropriate Government] may make loans 5[* * *];
6[(vii) the cases in which local authorities may take loans from persons other than the 2[appropriate
Government];]
(viii) the manner of recording and enforcing the conditions on which money is to be borrowed;
(ix) the manner and time of making or raising loans;
(x) the inspection of any works carried out by means of loans;
(xi) the installments, if any, by which loans shall be repaid, the interest to be charged on loans, and
the manner and time of repaying loans and of paying the interest thereon;
1. Ins. by Act 38 of 1920, s. 2 and Sch. I.
2. Subs. by the A.O. 1937, for “L. G”.
3. Subs., ibid., for “G. G. in C.”.
4. For rules applying to all local authorities in Union territories and to Cantonment Authorities and port authorities of major
ports in the former Part A States, see the Local Authorities Loans (Central) Rules, 1937 (Gazette of India, 1937, Pt. I, p.
1902) ; and for rules applying to other local authorities in the former Part A States, see the Local Authorities Loans Rules,
1915 (Gazette of India, 1915, Pt. I, p. 1888).
5. Certain word rep. by Act 38 of 1920, s. 2 and Sch. I.
6. Subs. by s. 2 and Sch. I, ibid., for the original clause.
3
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(xii) the sum to be charged against the funds which are to form the security for the loan, as costs in
effecting the loan;
(xiii) the attachment of such funds, and the manner of disposing of or collecting them;
(xiv) the accounts to be kept in respect of loans;
(xv) the utilization of unexpended balances of loans either in the reduction in any way of the debt of
the local authority, or in carrying out any works which that authority is legally authorized to carry out;
and the sanction necessary to such utilization;
and as to all other matters incidental to carrying this Act into effect.
1* * * * *
(3) All rules made under this Act shall be published 2[* * *] in the Official Gazette; and on such
publication, shall have effect as if enacted in this Act.
3[(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.]
**5. Remedy by attachment if loan not repaid.—If any money borrowed in accordance with the**
provisions of this Act, or any interest or costs due in respect thereof, is or are not repaid according to the
conditions of the loan, the 4[appropriate Government], if itself the lender, may and, if the 4[appropriate
Government] is not the lender, shall, on the application of the lender, attach the funds on the security of
which the loan was made. After such attachment, no person, except an officer appointed in this behalf by
the [4][appropriate Government], shall in any way deal with the attached funds; but such officer may do all
acts in respect thereof which the borrowers might have done if such attachment had not taken place, and
may apply the proceeds in satisfaction of the loan and of all interests and costs due in respect thereof and
of all expenses caused by the attachment and subsequent proceedings:
**Attachment not to defeat prior charges legally made.—Provided that no such attachment shall**
defeat or prejudice any debt for which the funds attached were previously pledged in accordance with
law; but all such prior charges shall be paid out of the proceeds of the funds before any part of the
proceeds is applied to the satisfaction of the liability in respect of which such attachment is made.
**6. Issue of short term bills.—(1) Subject to the provisions of section 26 of the Indian Paper**
Currency Act, 1910 5 (2 of 1910), the local authorities mentioned in Schedule I and any other local
authority to which the [6][appropriate Government] may, by notification in the Official Gazette, extend the
provisions of this section, may, with the previous sanction of the [6][appropriate Government], borrow
money by means of the issue of bills or promissory notes payable within any period, not exceeding twelve
1. Sub-section (2) rep. by Act 38 of 1920, s. 2 and Sch. I.
2. Certain words rep. ibid., s. 2 and Sch. I.
3. Ins. by 20 of 1983, s. 2 and Sch. (w.e.f 15-3-84)
4. Subs. by the A.O. 1937, for “L. G.”.
5. See now s. 31 of the Reserve Bank of India Act, 1934 (2 of 1934).
6. Subs. by the A. O. 1937, for “G. G. in C.”
4
-----
months, for any purpose for which such local authority may lawfully borrow money under any law for the
time being in force:
Provided that the amount of the bills or promissory notes which may be so issued, shall not exceed,
when the amount of the other moneys for the time being borrowed by such local authority is taken into
account, the total amount which such local authority is empowered by law to borrow.
(2) The [1][appropriate Government] may, by general or special order, regulate the conditions on which
money may be borrowed or repaid under this section.
**7. Loans not to be effected except under this Act.—Except as provided by or under this Act, no**
local authority shall, for any purpose, borrow money upon, or otherwise charge, its funds; and any
contract otherwise made for that purpose after the passing of this Act shall be void:
Provided that nothing herein contained shall be deemed—
(a) to preclude any local authority from exercising the borrowing powers conferred on it by any
special enactment now or hereafter in force; or
(b) to affect the power conferred on any local authority by any such enactment to charge its funds,
by guaranteeing the payment of interest on money to be applied to any purpose to which the
funds of the local authority can legally be applied.
2[8. Application of Act to loans existing previous to the fifth of September, 1871.—The remedy
mentioned in section 5 shall be available for the recovery of any money lent by the Secretary of State in
Council to any local authority before the fifth day of September, eighteen hundred and seventy-one, and
the interest due on such money.]
**[9. [Repealed by the Repealing Act, 1927 (12 of 1927), section 2 and the Schedule.]](https://www.scconline.com/Members/BrowseResult.aspx#BS9)**
1. Subs. by the A. O. 1937, for “G. G. in C.”
2. Subs. by ibid., for the original section.
5
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[SCHEDULE I](https://www.scconline.com/Members/BrowseResult.aspx#BS10)
(See section 6)
The Corporation of Calcutta.
The Commissioners for the Port of Calcutta.
1[* * *]
The Municipal Corporation of the City of Bombay.
The Trustees of the Port of Bombay.
The Corporation of Madras.
The Trustees for the Port of Madras.
2[* * *]
3[* * *]
The Trustees for the Improvement of the City of Bombay.
The Trustees for the Improvement of the City of Calcutta.
1. The entry relating to the Commissioners for the port of Chittagong, omitted by the A. O. 1948.
2. The entries relating to the Municipal Committee of Rangoon and the Commissioners for the port of Rangoon, omitted by
the A. O. 1937.
3. The entries relating to the Municipality of Karachi and the Trustees of the port of Karachi, omitted by the A. O. 1948.
6
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[SCHEDULE II](https://www.scconline.com/Members/BrowseResult.aspx#BS11)
Enactments repealed.—[Repealed by the Repealing Act, 1927 (12 of 1927), section 2 and the
_Schedule.]_
———
7
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|
8-Sep-1915 | 10 | The Sir Jamsetjee Jejeebhoy Baronetcy Act, 1915 | https://www.indiacode.nic.in/bitstream/123456789/2355/1/A1915-10.pdf | central | # THE SIR JAMSETJEE JEJEEBHOY BARONETCY ACT, 1915
_________
# ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title.
Commencement.
2. Repeal of Act XX of 1860.
3. The Commissioner for the Northern Division, the Accountant-General, and the Collector of
Bombay to be a Corporation for execution of the Trusts of this Act.
4. Present Baronet to continue to bear, and all future Baronet to take, names of First Baronet.
5. Government Promissory Notes of a certain nominal value vested in Trustees.
On trust to re-invest if paid off.
and to pay income to present Baronet for his life.
and after death of present Baronet to pay income to Baronet for time being.
with ultimate trust for Second Baronet, his executors, administrators and assigns.
6. Powers of investment.
7. Prohibition against varying investments without consent of person entitled to income.
8. Power to Baronet for the time being to purchase land to erect a Mansion House thereon.
and to purchase land with a house thereon, and to pull the house down, and erect another, or to
enlarge, alter or add to house thereon.
9. Power to trustees to sell securities to produce funds to pay for land, etc.
Proviso that total sum raised shall not exceed Rs. 2,25,000.
10. Power to Baronet for the time being to sell Mazngon Castle.
11. Power to Trustees to apply proceeds of sale Mazagon Castle, not exceeding Rs. 2,75,000 in
paying for land purchased and for erecting Mansion House thereon, etc.
12. Settlement of Mansion House, etc., in support of Baronetcy.
13. Saving of rights of persons interested in reversion or remainder in Mazagon Castle on sale
thereof.
14. Declaration of Trusts as to surplus proceeds of sale of Mazagon Castle over and above the sum of
Rs. 2,75,000.
15. Power to Trustees to invest the surplus annual interest and income of the Trust Fund and premises
during the minority of any Baronet etc.
16. Provision in case of refusal or discontinuance of names of First Baronet.
17. Baronet in possession may jointure.
18. Limit of aggregate of jointure payable contemporaneously.
19. Mansion House and hereditaments not to be subject to joiuture.
20. Alienation prohibited during the Baronetcy.
21. Power to augment the funds and securities subject to the Settlement, provided that total amount of
funds subject to the Settlement shall not exceed fifty lakh.
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SECTIONS
22. Provision as to insurances of Mazagon Castle, and other house or buildings purchased in lieu
thereof.
23. Directions for keeping Mazagone Castle, and other houses or buildings purchased in lieu thereof,
in repair.
24. Power to Trustees to sell land subject to Settlement.
25. Directions as to how sale may be made.
26. Direction as investment of proceeds of sale of lands.
27. Declaration of Trusts as to investments of proceeds of sale of lands.
28. Power to Baronet for the time being to enter into arrangement with Government as to land
revenue payable in respect of land purchased under section 8.
29. Indemnity of Trustees.
30. General saving clause.
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# THE SIR JAMSETJEE JEJEEBHOY BARONETCY ACT, 1915
ACT NO. 10 OF 1915
[8th September, 1915.]
# An Act for repealing Act No. 20 of 1860 entitled An “Act for settling Promissory Notes of the
Government of India, producing an annual income of one lakh of rupees and a Mansion House and hereditaments called Mazagon Castle, in the Island of Bombay, late the property of Sir Jamsetjee Jejeebhoy, Baronet, deceased, so as to accompany and support the title and dignity of a Baronet, lately conferred on him and the heirs male of his body, by Her present Majesty Queen Victoria, and for other purposes connected therewith,” and for resettling the said Promissory Notes, Mansion House and hereditaments and for other purposes connected therewith.
WHEREAS by Letters Patent of Her late Majesty Queen Victoria, by the Grace of God of the United
Kingdom of Great Britain and Ireland Queen, Defender of the Faith, dated at Westminster on or about the
6th day of August in the 21st year of Her said late Majesty’s reign, and by Warrant under Her said late
Majesty’s sign-manual, Her said late Majesty made known that she, of her special grace, certain
knowledge and mere motion had erected, appointed and created Sir Jamsetjee Jejeebhoy, then of Bombay,
Knight, but then deceased (a man eminent for family inheritance, estate and integrity of manner), to and
into the dignity, state, and degree of a Baronet, and him, the said Sir Jamsetjee Jejeebhoy for Her said late
Majesty, her heirs, and successors, she did erect, appoint, constitute and create a Baronet, by the said
Letters Patent, to hold to him and the heirs male of his body lawfully begotten, and to be begotten for
ever:
And whereas in fulfilment of an engagement in that behalf made with Her said late Majesty’s
Government, during the lifetime of the said Sir Jamsetjee Jejeebhoy, deceased, the said Sir Jamsetjee
Jejeebhoy was desirous of settling in perpetuity such property on himself and the heirs male of his body
who might succeed to the said Baronetcy, as should be adequate to support the dignity of the title
conferred on him and them as aforesaid:
And whereas the said Sir Jamsetjee Jejeebhoy was seized of a Mansion House and hereditaments
situate in the Island of Bombay called Mazagon Castle, and had an absolute estate of inheritance therein,
and was desirous, in fulfilment of the aforesaid engagement, of settling Promissory Notes of the
Government of India, producing an annual income of one lakh of rupees and the said Mansion House and
the purposes in the said Act No. 20 of 1860 limited and declared, concerning the same respectively:
And whereas the said Sir Jamsetjee Jejeebhoy was also desirous that the heirs male of his body to
whom the said title and dignity of Baronet should descend, should take and bear the names of “Jamsetjee
Jejeebhoy,” in lieu of any other name or names whatever which they respectively might bear at the time
of such descent on them respectively; and he was also desirous that the Revenue Commissioner for the
Northern Division of the Presidency of Bombay, the Accountant-General, and the Sub-Treasurer at
Bombay, for the time being should be Trustees for the aforesaid Promissory Notes, and be likewise the
Trustees for carrying into execution the general purposes and powers of the said Act No. 20 of 1860, with
relation to the same securities, and also with relation to the same Mansion House and hereditaments:
And whereas the said Sir Jamsetjee Jejeebhoy departed this life on the 14th day of April, 1859, before
the aforesaid engagement with Her said late Majesty’s Government was carried out on his part, and by
Will, dated the 9th day of April, 1853, duly signed and executed by him, gave and devised the residue of
his estate, houses, lands, securities, moneys and effects, to and amongst his sons Cursetjee Jamsetjee,
Rustomjee Jamsetjee, and Sorabjee Jamsetjee, and appointed his wife Avaboye and his said three sons,
the executrix and executors of his said Will; and the said Will was duly proved by the said Cursetjee
Jamsetjee, Rustomjee Jamsetjee and Sorabjee Jamsetjee alone:
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And whereas on the death of the said Sir Jamsetjee Jejeebhoy, the said title or dignity of Baronet,
created by Her Majesty’s said Letters Patent, devolved on and became and was at the date of the passing
of the said Act No. 20 of 1860 vested in the said Cursetjee Jamsetjee, as the eldest son and heir male of
the body of the said Sir Jamsetjee Jejeebhoy, deceased:
And whereas the said Cursetjee Jamsetjee, the second Baronet, Rustomjee Jamsetjee, and Sorabjee
Jamsetjee, as the sons, residuary legatees and Executors of the said Sir Jamsetjee Jejeebhoy, first Baronet,
deceased, and the said Avaboye, being then the Dowager Lady Jejeebhoy, as Executrix of the said Sir
Jamsetjee Jejeebhoy, first Baronet, deceased, in fulfilment of the engagement so as aforesaid entered into
by the said Sir Jamsetjee Jejeebhoy, first Baronet, deceased, with Her said late Majesty’s Government,
were desirous of settling the said Government Promissory Notes and the said Mansion House and
hereditaments so as aforesaid agreed to be settled by the said Sir Jamsetjee Jejeebhoy, first Baronet,
deceased, for the purpose of supporting the dignity of the said Baronetcy, to the uses upon the Trusts, and
for the purposes in the said Act No. 20 of 1860 limited and declared concerning the same respectively:
And whereas the said Dowager Lady Jejeebhoy was desirous that the said Mansion House and
hereditaments called Mazagon Castle, with their rights, members and appurtenances should be released,
exonerated, and discharged from her right, or title (if any) to dower or thirds, and every other right,
interest, or estate whatsoever which she, the said Dowager Lady Jejeebhoy, might have or claim to have
in the said premises under any custom or law of the Parsees, or otherwise howsoever:
And whereas in order to give effect to the aforesaid purposes, the said Act No. 20 of 1860 was
passed, and by the said Act it was _inter alia enacted that the Revenue Commissioner for the Northern_
Division of the Presidency of Bombay, the Accountant-General, and the Sub-Treasurer at Bombay,
should, for the purposes of the said Act, be a Corporation; and that such Revenue Commissioner,
Accountant-General, and Sub-Treasurer, should be, and they were thereby constituted, as such
Corporation, the Trustees for executing the powers and purposes of the said Act; and that all the powers
by the said Act vested in such Revenue Commissioner, Accountant-General, and Sub-Treasurer, as
Trustees for the purposes of the said Act, should be exercised by the persons for the time being acting as
such Revenue Commissioner, Accountant-General, and Sub-Treasurer; and that immediately from and
after the passing of the said Act, Promissory Notes of the Government of India, producing an annual
income of not less than one lakh of rupees should be transferred into the name of the said Corporation,
who should hold the same upon the trusts and for the purposes in the said Act expressed concerning the
same (that was to say); upon the trusts in the said Act declared and set forth:
And it was also enacted that the said Mansion House and other hereditaments called Mazagon Castle,
situate in the Island of Bombay, with their rights, members, and appurtenances, of which the said first
Baronet was seized to him and his heirs, should by force of the said Act from and immediately after the
passing thereof, stand limited to the uses in the said Act set forth:
And whereas Promissory Notes of the Government of India producing at that time an annual income
of not less than one lakh of rupees, were, after the passing of the said Act, transferred into the name of the
said Corporation; and the nominal amount of the Promissory Notes of the Government of India, now held
by the said Corporation, is rupees twenty-two lakhs, fifty-four thousand and four hundred:
And whereas the persons now constituting the said Corporation under or by virtue of the said Act are
the Commissioner for the time being for the Northern Division of the Presidency of Bombay, the
Accountant-General of Bombay, and the Collector of Bombay:
And whereas under the said Act 20 of 1860 power was granted to the said Corporation to invest the
Government Promissory Notes so to be transferred into the name of the said Corporation as aforesaid if
the same should be discharged by the Government of India in or on any stocks, funds or securities of the
Government of the United Kingdom of Great Britain and Ireland or of the Government of India, and in
like manner, as often as the same should become necessary, to alter, vary, and change such stocks, funds,
and securities for others of the same or a like nature:
And whereas Sir Jamsetjee Jejeebhoy, the fifth and present Baronet, has represented to the Governor
General in Council that it is desirable, not only in his own interest, but also in the interest of those who
may succeed him in the Baronetcy, that more extensive powers of investment should be granted to the
said Corporation:
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And whereas more extensive powers of investment have been allowed to Trustees of Settlements
which are governed by the Indian Trusts Act, 1882 (2 of 1882):
And whereas it appears that certain of the powers last aforesaid may safely be granted to the said
Corporation with a view to a higher rate of interest being obtained from the investment of the funds for
the time being subject to the Trusts of a Settlement effected by this Act:
And whereas at the date when the said Act No. 20 of 1860 was passed the locality in which the said
Mansion House and hereditaments are situate was one of the principal residential localities of Bombay,
and was healthy, but it has now ceased to be a healthy locality, and the upper classes of the inhabitants of
Bombay have ceased to reside there:
And whereas the said Sir Jamsetjee Jejeebhoy has represented to the Governor General in Council
that he has been advised by his medical adviser and by Sanitary Authorities whom he has consulted that it
necessary for him to change his place of residence and to live in a more healthy part of the Island of
Bombay, and has also represented that, by reason of the present unhealthiness of the locality, future and
succeeding Baronets, who may succeed to the said title of Sir Jamsetjee Jejeebhoy, will be unable to live
in the said Mansion House, or on the said hereditaments, and therefore that it is both desirable and
necessary for him to purchase a new residence in a healthy locality in the Island of Bombay, and that, to
enable him to do this, it is necessary that power should be conferred to sell the said Mansion House and
hereditaments, and also to sell a portion of the said securities to purchase a new residence out of the
proceeds of the sale thereof:
And whereas the said Corporation, being the Trustees for the time being for executing the powers and
purposes of the said Act 20 of 1860, have agreed to the above proposals being carried into effect:
And whereas all the possible Beneficiaries of the Trust under the said Act now living have agreed to
the above proposals, with the exception of those relating to the sale of the said Mansion House and
hereditaments:
And whereas all the possible Beneficiaries of the Trust under the said Act, with the exception of two
possible Beneficiaries, have agreed to the said proposals relating to the sale of the said Mansion House:
And whereas the objections advanced by and on behalf of the said two possible Beneficiaries have
been duly considered by the Governor General in Council and have been overruled:
And whereas it is deemed expedient to confer the said powers, and, for that purpose and for other
divers good reasons, it is expedient to repeal the said Act XX of 1860, and to substitute the following Act
in lieu thereof:
It is hereby enacted as follows:—
**1. Short title.—(1) This Act may be called “The Sir Jamsetjee Jejeebhoy Baronetcy Act, 1915,” and**
(2) Commencement.—It shall come into force at once.
**2. Repeal of Act XX of 1860.—The said Act No. 20 of 1860 is hereby repealed, and the said**
Promissory Notes of the Government of India, of the nominal value of rupees twenty-two lakhs, fifty-four
thousand and four hundred, shall henceforth cease to be vested in the Corporation created and constituted
by the said Act No. XX of 1860, and the Mansion House and other hereditaments, called Mazagon Castle,
situate in the Island of Bombay, with their rights, members and appurtenances, of which the said First
Baronet was seized to him and his heirs, shall, by force of this Act, from and immediately after the
passing of this Act, either as to the whole or, as the case may be, as to such parts thereof as shall not have
been sold, transferred, and conveyed under the powers conferred by section 10, stand limited, until such
time as the same shall have been sold, transferred, and conveyed under the powers conferred by the said
section 10, to the uses following (that is to say): to the use of the present, that is to say, the Fifth Baronet,
for and during the term of his natural life, and from and immediately after his decease, to the use of the
heirs male of the body of Sir Jamsetjee Jejeebhoy, First Baronet, who may succeed to the title of Baronet
conferred by the said Letters Patent as aforesaid, but as to each one of the said heirs male to the use of
such heir male during the term of his natural life only, and, upon failure and default of heirs male of the
body of the said Sir Jamsetjee Jejeebhoy, First Baronet, to whom the said tile and dignity of Baronet may
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descend as aforesaid to the use of the heirs, and assigns for ever of the said Sir Jamsetjee Jejeebhoy, the
Second Baronet, which ultimate remainder or reversion it shall be lawful for the heirs and assigns of the
said Second Baronet, at any time or times during the continuance of the said title and dignity of Baronet
and until there shall be such a failure of heirs male of the body of the said First Baronet as aforesaid, to
grant, convey, devise, and dispose of by Deed or Will, or by any other assurance or assurances by which
such an estate in remainder or reversion is capable by law of being conveyed or disposed of.
**3. The Commissioner for the Northern Division, the Accountant-General, and the Collector of**
**Bombay to be a Corporation for execution of the Trusts of this Act.—The Commissioner for the time**
being for the Northern Division of the Presidency of Bombay, the Accountant-General for the time being
of Bombay, and the Collector for the time being of Bombay, and the holders for the time being of those
offices respectively, and likewise the holder or holders for the time being of any one or more office or
offices which may hereafter be substituted by the Governor in Council of Bombay for any one or more of
the first mentioned offices, shall be, and they are hereby, created a Corporation with perpetual succession
and a common Seal under the style and title of “Sir Jamsetjee Jejeebhoy Baronet’s Trustees,” and the said
Corporation so hereby created (hereinafter styled “the Corporation”) are hereby constituted, as such
Corporation, the Trustees for executing the powers and purposes of this Act.
**4. Present Baronet to continue to bear, and all future Baronets to take, names of First**
**Baronet.—The present Sir Jamsetjee Jejeebhoy, Fifth Baronet, shall continue to be called by the name of**
“Jamsetjee Jejeebhoy,” and all other the heirs male of the body of Sir Jamsetjee Jejeebhoy, First Baronet,
to whom the said title and dignity shall descend, pursuant to the limitation of the Letters Patent whereby
the said dignity was granted, shall take upon themselves respectively the name of “Jamsetjee Jejeebhoy,”
in lieu and in the place of any other name or names whatsoever ; and the present Baronet, and all such
other heirs male of the said Sir Jamsetjee Jejeebhoy, First Baronet, severally and successively shall be
called by the name of “Jamsetjee Jejeebhoy,” and by that name shall name, style, and write themselves,
respectively, upon all occasions whatsoever.
**5. Government Promissory Notes of a certain nominal value vested in Trustees.—Immediately**
from and after the passing of this Act, the said Promissory Notes of the Government of India, of the
nominal value of rupees twenty-two lakhs, fifty-four thousand and four hundred, shall vest in the
Corporation who shall hold the same upon the trusts, and for the purposes, and with the powers,
hereinafter expressed of and concerning the same, that is to say:
**(a) On trust to re-invest if paid off.—Upon trust, if the same or any part thereof should be**
discharged by the Government of India, to invest the sum or sums paid by the Government of India,
in discharge of the same or any part thereof, in or upon any stocks, funds, or securities in which they
are by the provisions of this Act hereinafter authorised to invest the same, and in like manner, as often
as the same shall become necessary, to alter, vary and change such stocks, funds, and securities for
others of the same or a like nature;
**(b) and to pay income to present Baronet for his life.— and upon further trust, from time to**
time, to pay and apply the dividends, interest, and annual income of the said stocks, funds, and
securities unto and for the benefit of the present Baronet, that is to say, Sir Jamsetjee Jejeebhoy, Fifth
Baronet, during his natural life ;
**(c) and after death of present Baronet to pay income to Baronet for time being.—and upon**
further trust, from and immediately after the decease of the said Sir Jamsetjee Jajeebhoy Fifth
Baronet, to pay and apply the said dividends, interest, and annual income unto and for the benefit of
the person who, as heir male of the body of the said Sir Jamsetjee Jejeebhoy, First Baronet, shall, for
the time being, have succeeded to, and be in the enjoyment of, the title of Baronet conferred by the
said Letters Patent as aforesaid, notwithstanding any rule of Law or Equity to the contrary ;
**(d) with ultimate trust for Second Baronet his executors, administrators and assigute.—and**
upon further trust, upon failure and in default of heirs male of the body of the said Sir Jamsetjee
Jejeebhoy, First Baronet, to whom the said title and dignity of Baronet may descend, to hold the
_corpus and also the income of the said Government Promissory Notes, stocks, funds, and securities_
for the heirs and assigns forever of Sir Jamsetjee Jejeebhoy, the Second Baronet, which ultimate
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remainder or reversion it shall be lawful for the heirs and assigns of Sir Jamsetjee Jejeebhoy, the
Second Baronet, at any time or times during the continuance of the said title and dignity of Baronet,
and until there shall be a failure of heirs male of the body of the said First Baronet as aforesaid, to
assign, transfer, bequeath and dispose of by Deed or Will or other assurance or assurances.
**6. Powers of investment.—The Corporation shall have power to invest the funds, which are subject**
to the trusts of the Settlement effected by this Act, on the following securities and on no others:—
(a) in Promissory Notes, debentures, stock or other securities of the Government of India, or of
the United Kingdom of Great Britain and Ireland;
(b) in bonds, debentures or annuities charged by the Imperial Parliament, or by an Act of
Legislative Council of the Governor General of India, on the revenues of India;
(c) in stock or debentures of or shares in Railway or other Companies, the interest whereon shall
have been guaranteed by the Secretary of State for India in Council;
(d) in debentures or other securities for moneys issued by, or on, behalf of, any municipal body
under the authority of any Act of a Legislature established in British India, or debentures issued by
the Trustees for the Improvement of the City of Bombay under the City of Bombay Improvement,
Act, 1898 (Bombay Act 4 of 1898), or debentures issued by the Trustees of the Port of Bombay under
the Bombay Port Trust Act, 1879 (Bombay Act 6 of 1879), or debentures issued by the Trustees of
the Port of Karachi under the Local Authorities Loans Act, 1914 (Act 9 of 1914), or other law for the
time being in force, or debentures issued by the Commissioners for the Port of Rangoon under the
Local Authorities Loans Act, 1914 ( Act 9 of 1914), or the Rangoon Port Act, 1905 (Baronet Act 4 of
1905).
(e) on any other security expressly authorised by any rule which the High Court of Judicature at
Bombay may, from time to time, prescribe as an investment for trust property consisting of money.
**7. Prohibition against varying investments without consent of person entitled to income.—The**
Corporation shall not vary any investment of the funds, subject to the Settlement effected by this Act,
without the consent in writing of the person for the time being entitled to the income of the said Funds.
**8.** **Power to Baronet for the time being to purchase land to erect a Mansion House there on.—**
The person for the time being entitled to, and in the enjoyment of, the title of Baronet conferred by the
said Letters Patent, shall have power, with the written, approval of the Corporation, —
**(a)** **and to purchase land with a house thereon, and to pull the house down, and erect**
**another, or to enlarge, alter or add to house thereon.—to purchase land in any part of the Island of**
Bombay for the purpose of erecting there on a Mansion House and all necessary or suitable accessory
buildings, and to erect thereon such Mansion House and accessory buildings;
(b) to purchase land in any part of the Island of Bombay with a dwelling house standing thereon,
and either to pull down the said dwelling house and any other building which may be upon the land,
and to erect upon the said land, in lieu thereof, a Mansion House, with all necessary or suitable
accessory buildings, or to enlarge alter, or add to the building or buildings which may be upon the
land, when purchased, so as to convert the same into a Mansion House, with all necessary or suitable
accessory buildings.
**9. Power to trustees to sell securities to produce funds to pay for land, etc.—The Corporation**
shall have power to sell a sufficient portion of the securities upon which the funds, which are subject to
the Settlement effected by this Act, shall for the time being be invested to produce the sum which shall be
required for the purpose of paying for any land which may be purchesed by the person for the time being
entitled to, and in the enjoyment of, the title of Baronet conferred by the said Letters Patent under the
powers conferred by section 8, and for erecting thereon a Mansion House, with the necessary or suitable
accessory buildings, or for paying for the purchase of any land with a house or other building stading
thereon which may be purchased under the powers conferred as aforesaid, and for pulling down the said
buildings, and erecting a Mansion House, with the necessary or suitable accessory buildings, in liue
-----
thereof or for altering and adding to such buildings for the purpose of converting the same into a Mansion
House, with the necessary or sutable accessary buildings, as the case may be:
**Proviso that total sum raised shall not exceed Rs. 2,25,000.—Provided that the total sum raised by**
the Corporation under the power conferred upon them by this section for the sale of the said securities
above-mentioned shall not exceed two lakhs and twenty five thousand rupees.
**10. Power to Baronet for the time being to sell Mazngon Castle.—The person for the time being**
entitled to, and in the enjoyment of, the title of Baronet conferred by the said Letters Patent, shall have
power, with the written consent and approval of the Corporation, to sell, transfer, and convey freed and
discharged from all uses and trusts created by this Act, the said Mansion House and other hereditaments,
called Mazagon Castle, situate in the Island of Bombay, with their rights, members and appurtenances,
and either in one parcel or in several parcels, and either at one time or from time to time, upon condition
that the proceeds of sale thereof shall be paid by the purchaser thereof direct to the Corporation.
**11. Power to Trustees to apply proceeds of sale Mazagon Castle, not exceeding Rs. 2,75,000 in**
**paying for land purchased and for erecting Mansion House thoreon, etc.—The person for the time**
being entitle to, and in the enjoyment of, the title of Baronet, conferred by the said Letters Patent may,
from time to time, request the Corporation, in writing, to pay, out of the proceeds of sale of the said
Mansion House and other hereditaments, called Mazagon Castle, if and when sold, the purchase money of
any land which may be purchased by the person for the time being entitled to, and in the enjoyment of,
the said title of Baronet, under the powers conferred by section 8; and all costs, charges, and expenses of,
and incidental to the purchase and acquisition of the same, and of the conveyance, and assurance of the
same to the Corporation, and also to pay all costs and expenses of, and incidental to the erection thereon
of, a Mansion House, with the necessary or suitable accessory buildings, and to pay the purchase money
of any land, with a house, or other building, standing thereon, which may be purchased by the person for
the time being entitled to, and in the enjoyment of, the said title of Baronet, under the powers conferred
by this Act, and all costs, charges and expenses of, and incidental to, the purchase and acquisition of the
same, and of the conveyance, and assurance of the same to the Corporation, and also to pay all costs, and
expenses of, and incidental to the pulling down of the said buildings, or any of them and of erecting a
Mansion House, with the necessary of suitable accessory buildings, in lieu thereof, or of altering, and
adding to, such buildings, for the purpose of converting the some into a Mansion House, with the
necessary or suitable accessory buildings, as the case may be, and the Corporation shall, upon such
request being made as aforesaid, make such payments out of the proceeds of sale of the said Mansion
House and other hereditaments called Mazagon Castle:
Provided that the total sum expended by the Corporation, under the powers conferred by this section,
out of the proceeds of sale of the said Mansion House and other hereditaments, called Mazagon Castle,
shall not exceed the sum of two lakhs and seventy-five thousand rupees.
**12. Settlement of Mansion House, etc., in support of Baronetcy.—All lands and buildings which**
may be purchased by the person for the time being entitled to, and in the enjoyment of, the title of
Baronet under the said Letters Patent under the powers conferred by section 8, with their rights, members,
and appurtenances shall be conveyed to the Corporation, and the Corporation shall hold the same, and
also all buildings which may be erected thereon under the powers conferred by section 8, upon trust for
Sir, Jamsetjee Jejeebhoy, Fifth Baronet, for and during the term of his natural life, and from and
immediately after his decease, upon trust for the heirs male of the body of Sir Jamsetjee Jejeebhoy, First
Baronet, who may succeed to the title of Baronet conferred by the said Letters Patent, but as to each one
of the said heirs male upon trust for such heir male during the term of his natural life only, and, upon
failure and default of heirs male of the body of the said Sir Jamstjee Jejeebhoy, First Baronet, to whom
the said title and dignity of Baronet, may descend as aforesaid, upon trust for the heirs and assigns of Sir
Jamsejee Jejeebhoy, the Second Baronet, which ultimate remainder or reversion it shall be lawful for the
heirs and assigns of the said Second Baronet at any time or times during the continuance of the said title
and dignity of Baronet, and until there shall be such failure of heirs male of the body of the said First
Baronet to grant, convey, devise and dispose of by Deed or Will, or by any other assurance or assurances
by which such an estate in remainder or reversion is capable by law of being conveyed or disposed of.
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**13. Saving of rights of persons interested in reversion or remainder in Mazagon Castle on sale**
**thereof.—Any person or persons who shall have lawfully derived from the said Sir Jamsetjee Jejeebhoy,**
Second Baronet, any interest in remainder or reversion in the said Mansion House and other
hereditaments, called Mazagon Castle, contingent upon such failure and default of heirs male of the body
of Sir Jamsetjee Jejeebhoy, First Baronet, shall, upon such failure and default of heirs male of the body of
Sir Jamsetjee Jejeebhoy, First Baronet, in the event of the said Mansion House and other hereditaments,
called Mazagon Castle, having been sold in pursuance of the power in that behalf conferred by section 10
be deemed to have a corresponding interest in the funds for the time being subject to the trusts of the
Settlement effected by this Act to the extent of the amount of the proceeds of sale of the said Mansion
House and other hereditaments, called Mazagon Castle, paid to the said Corporation in pursuance of
section 10.
**14. Declaration of Trusts as to surplus proceeds of sale of Mazagon Castle over and above the**
**sum of Rs. 2,75,000.—The Corporation shall hold so much, if any of the proceeds of sale of the said**
Mansion House and other hereditaments, called Mazagon Castle, if and when sold, as shall exceed the
sum of two lakhs and seventy-five thousand rupees, upon trust, to invest the same upon one or more of
the investments authorised by section 6, and shall hold the said investments, upon the same trusts, and for
the same ends, intents and purposes, and with the same powers, as are, by this Act, declared of and
concerning the funds which are subject to the Settlement effected by this Act.
**15. Power to Trustees to invest the surplus annual interest and income of the Trust Fund and**
**premises during the minority of any Baronet, etc.—The Corporation during the minority of any person**
for the time being entitled to, and in the enjoyment of, the title of Baronet under the limitations of the said
Letters Patent, shall pay and apply for and towards the maintenance, education, and benefit of such
Baronet, in each and every year during his minority so much only of the annual interest, dividends and
income of the said Trust Funds and premises as the Corporation shall, in their discretion, think proper;
and shall, from time to time, invest the residue of the said annual dividends, interest, and income of the
said Trust Funds and premises in and upon some one or more of the investments authorised by this Act
for the investment of the said Trust Funds; and shall, upon such Baronet attaining his majority, pay over,
transfer, and assign to him, or as he shall direct and for his own absolute benefit, the said investments and
all accumulations thereof.
**16. Provision in case of refusal or discontinuance of names of First Baronet.—Provided always**
that in case any person who, for the time being, shall be the heir male of the body of the said First Baronet
to whom the said title of Baronet shall have descended, shall for the space of one whole year after he
shall, by virtue of this Act, become entitled to the dividends, interest, and income of the said stocks,
funds, and securities or to the possession or receipts of the rents and profits of the said hereditaments; or,
being then under age, shall for the space of one whole year after he shall attain the age of twenty-one
years, refuse or neglect to use the names of “Jamsetjee Jejeebhoy” as hereinbefore enacted; or in case any
such person having so used those name, shall, for the space of six calendar months consecutively during
his natural life, discontinue so to use such names, then, in any or either of the said cases, the estate or
interest of the person who shall so refuse or neglect to use, or, having used, shall so discontinue to use,
the said names of “Jamsetjee Jejeebhoy” shall, during the remainder of his respective natural life, be
suspended; and that during any and every such suspension, the dividends, interest, and income of the said
stocks, funds and securities, and the possession and actual occupation, and also the rents and profits of the
said hereditaments, shall devolve and belong to the person who as heir male of the body of the First
Baronet, would have succeeded to, and been in the enjoyment of, the title of Baronet conferred by the said
Letters Patent, in case the persons so refusing or neglecting to use, or discontinuing to use, the said names
of “Jamsetjee Jejeebhoy” had departed this life; but if there should be no such heir male, then to the
person or persons who would be entitled to the same in case there had then been a total failure of issue
male of the First Baronet entitled to the said dignity of Baronet.
**17. Baronet in possession may jointure.—It shall be lawful for Sir Jamsetjee Jejeebhoy, Fifth**
Baronet, and for any person upon whom the said title of Baronet shall, from time to time, descend when
in the actual enjoyment of the said title, and who shall not refuse, neglect, or discontinue to use, for the
respective periods hereinbefore in that behalf mentioned, the said names of “Jamsetjee Jejeebhoy” as
hereinbefore enacted, either before or after his marriage with any woman or women by any Deed or
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Deeds, writing or writings, with or without power of revocation, to be by him sealed and delivered in the
presence of two or more credible witnesses (but subject and without prejudice to any annuity or annuities,
if any, which shall be then subsisting and payable by virtue of any appointment made under and in
pursuance of this present power), to limit and appoint unto any woman or women whom he shall marry,
for her or their life or lives, and for her or their jointure, or jointures, in bar of dower or other legal or
customary rights, any annuity or yearly sum not exceeding the sum of rupees ten thousand, clear of all
taxes, charges and deductions whatsoever, to commence and take effect immediately after the decease of
the person limiting or appointing the same, and to be issuing and payable out of the dividends, interest,
and annual income, of the said stocks, funds, and securities and to be paid and payable by equal
half-yearly payments on the thirtieth day of June and the thirty-first day of December; the first of the said
half-yearly payment to be made on the half-yearly day which shall first happen after the decease of the
person who shall have appointed such annuity or yearly sum, provided always, that in case any person on
whom such title shall descend, shall have refused or neglected to use the names of “Jamsetjee Jejeebhoy,”
or shall discontinue to use such names for six calendar months consecutively during his natural life, every
such limitation and appointment, either previously or afterwards made by him, shall be and become
inoperative and invalid; and no such annuity thereby created or appointed shall take effect or be payable
or chargeable on the said stocks, funds, and securities, notwithstanding any such limitation or
appointment.
**18. Limit of aggregate of jointure payable contemporaneously.—Provided always, that the said**
dividends, interest and annual income of the said stocks, funds, and securities shall not, at one and the
same time, be subject to the payment of more than the yearly sum of rupees twenty thousand for, or in
respect of, and jointure or jointures which shall be made in pursuance of the power hereinbefore
contained, so that, if by virtue of or under the same power, the said dividends, interest and annual income
would, in case this present provision had not been inserted, be charged at any one time with a greater
yearly sum for jointures in the whole than the yearly sum of rupees twenty thousand, the yearly sum
which shall occasion such excess, or such part thereof as shall occasion the same, shall, during the time of
such excess, abate and not be payable.
**19. Mansion House and hereditaments not to be subject to joiuture.—The said Mansion House**
and hereditaments called Mazagon castle, with their rights, members and appurtenances, and any lands,
houses, buildings and tenements which may be purchased or erected under the powers conferred by
section 8, with their rights, members, and appurtenances, shall not be subject to dower of any Dowager
Lady Jejeebhoy, or of the present or any future wife of Sir Jamsetjee Jejeebhoy, Fifth Baronet, or of any
wife of any of the persons who may successively be entitled to the Baronetcy under the aforesaid
limitations, or to any other right, interest, or estate whatsoever which any Dowager Lady Jejeebhoy or any
such wife or wives as aforesaid may or might have or claim to have in the said Mansion House, lands,
buildings and hereditaments, under any custom or law of the Parsees, or otherwise howsoever.
**20. Alienation prohibited during the Baronetcy.—So long as the said title and dignity of Baronet**
shall endure, and until there shall be a failure of the heirs male of the body of the First Baronet to whom
the said title and dignity of Baronet might descend, pursuant to the limitations of the said Letters Patent,
neither Sir Jamsetjee Jejeebhoy, Fifth Baronet, nor any of the heirs male of the body of Sir Jamsetjee
Jejeebhoy, First Baronet, in whose favour trusts are hereinbefore declared of the dividends, and annual
income of the said stocks, funds, and securities, or to whom the said Mansion House and hereditaments
called Mazagon Castle and any lands, buildings or other hereditaments, which may be purchased or
erected under the powers conferred by section 8 shall stand limited under this Act, shall transfer, dispose
of, alien, convey, charge, or encumber the said stocks, funds and securities, or any part thereof, or the
dividends, interest, and annual income thereof, or of any part thereof, or the said Mansion House or
hereditaments, or any lands, buildings or other hereditaments, which may be purchased or erected under
the power conferred by section 8 or any part thereof, for any greater or larger estate, interest or time, than
during his natural life, and for such portion thereof only as he shall continue to use the names of
“Jamsetjee Jejeebhoy,” nor shall have any power to discontinue or bar the estate of any person or persons
for whose benefit trusts are declared by this Act of the dividends, interest, and annual income of the said
stocks, funds, and securities or to or upon whom the said Mansion House and hereditaments, and any
lands, buildings and other hereditaments, which may be purchased or erected under the powers conferred
-----
by section 8, and the rents and profits thereof are, by this Act, limited to come or devolve in any manner
whatsoever, either by default or otherwise, or to prevent any such person or persons from succeeding to,
holding, or enjoying, receiving or taking, the same premises, according to the true intent of the provisions
hereinbefore contained; nor shall the same premises, or any of them, be held, by any Court of Law or
Equity, to have vested in any such person as aforesaid for any greater estate or interest than during his
life, and only during such portion thereof as he shall continue to use the names of “Jamsetjee Jejeebhoy,”
and every attempt to make any conveyance, assignment, or assurance contrary to the intention of this Act
shall be, and is hereby declared and enacted to be, void.
**21. Power to augment the funds and securities subject to the Settlement, provided that total**
**amount of funds subject to the Settlement shall not exceed fifty lakh.—If at any time or times**
hereafter the said Sir Power to Jamsetjee Jejeebhoy, Fifth Baronet, or any other person or persons shall be
desirous of augmenting the funds and securities for the time being subject to the trusts of this Act, and for
that purpose and with that intent shall at his or her oven expense transfer and deliver to the Corporation
any stocks, funds, or securities of the kinds specified in section 6, then and as often as the same shall
happen the Corporation may, with the previous consent of the Governor of Bombay in Council, accept
such stocks, funds and securities, and the same shall thenceforth be held by the Corporation upon the
same trusts as those which are declared by this Act of and concerning the trust funds which are the subject
of the Settlement effected by this Act, or upon such of them as shall be then subsisting and capable of
taking effect:
Provided that the total amount of the corpus of the trust funds which shall be subject to the trusts of
the Settlement effected by this Act shall at no time exceed fifty lakhs of rupees.
**22. Provision as to insurances of Mazagon Castle, and other house or buildings purchased in**
**lieu thereof.—The person for the time being entitled to, and in the enjoyment of, the title of Baronet shall**
at his own expense, insure the said Mansion House and other hereditaments, called Mazagon Castle, and
all buildings and offices accessory thereto, until such time as the same may be sold and the proceeds of
sale thereof paid to the Corporation, in the name to the Corporation against loss or damage by fire, in such
sum as the Corporation may deem adequate, and shall also, at his own expense, insure all houses and
other buildings, which may be purchased or erected under the powers conferred by section 8, from the
time when the same shall be conveyed to and become vested in the Corporation, against loss or damage
by fire, in such sum as the Corporation may deem adequate, and in case any such person shall at any time
neglect or refuse to insure the same in such amount or amounts, it shall be lawful for the Corporation to
insure the same and to apply any portion of the income of the funds for the time being subject to the trusts
of the Settlement effected by this Act to that purpose, and in case the hereditaments and premises so
insured or any part thereof shall be destroyed or damaged by fire, the moneys received in respect of such
insurance shall either be laid out under the directions of the Corporation in re-building or re-installing the
hereditaments and premises so destroyed or damaged by fire, or, upon the application of the person for
the time being entitled to, and in the enjoyment of, the said dignity of Baronet, and with the consent of the
Governor of Bombay in Council to be notified by a resolution of the Government of Bombay, may be laid
out in the purchase of other hereditaments in the Island of Bombay suitable for the support of the dignity
of the said Baronetcy and, in such last mentioned case, the hereditaments so purchased shall be conveyed
to and vested in the Corporation, and the Corporation shall hold the same upon the same trusts and for the
same ends, intents, and purposes, and with the same powers, as are declared and conferred by this Act of
and concerning the hereditaments and premises which shall have been so destroyed or damaged by fire as
aforesaid, or such of them as shall then be subsisting and capable of taking effect; and until such
insurance moneys shall have been so laid out as aforesaid, the Corporation may invest the same or any
part thereof in any of the securities specified in section 6.
**23. Directions for keeping Mazagone Castle, and other houses or buildings purchased in lieu**
**thereof, in repair.—The person for the time being entitled to, and in the enjoyment of, the title of**
Baronet conferred by the said letters Patent shall, at his own expense, keep in good repair, orders, and
condition, the said Mansion House and other hereditaments called Mazagon Castle and all offices and out
buildings accessory thereto, and likewise all houses and other buildings which may be purchased or
erected under the powers conferred by section 8, and all alterations and additions thereto, and all offices,
out-houses and other buildings accessory thereto, and, in case any person shall at any time neglect or
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refuse to keep the same or any part thereof in such good order and condition, it shall be lawful for the
Corporation to cause the same to be kept in good order and condition, and to defray the expenses
incidental thereto, out of the income of the funds for the time being subject to the trusts of the Settlement
effected by this Act.
**24. Power to Trustees to sell land subject to Settlement.—The Corporation shall have power at any**
time, with the consent of the person entitled to, and in the enjoyment of, the title of Baronet conferred by
the said Letters Patent, and of the Governor of Bombay in Council to be notified by a resolution of the
Government of Bombay to sell or exchange for other lands or hereditaments in the Island of Bombay any
lands or hereditaments which are subject to the trusts of the Settlement effected by this Act or any part
thereof, and upon any such exchange, to give or receive any money for equality of exchange:
Provided that the Corporation shall not sell the Mansion House, if any, or the buildings accessory
thereto, which may be purchased, or erected under the powers conferred by this Act, without having first
consulted all persons who may be interested in the said Mansion House, either by way of reversion, or
otherwise, and who may have attained their respective ages of majority:
Provided further that the foregoing proviso shall apply to the said Mansion House, and the buildings
accessory thereto only, and shall not apply to any lands, hereditaments, or premises, other than the land
upon which the said Mansion House and the buildings accessory thereto, may stand, or be erected, which
may be purchased under the powers conferred by this Act.
**25. Directions as to how sale may be made.—Any sale which may be effected under the powers**
conferred by section 24 may be made either by public auction or private contract, and the Corporation
may make any stipulations as to title, or evidence, or commencement of title, or otherwise, in any
conditions of sale or contract for sale or exchange, of the said hereditaments or any part thereof, and may
buy in, or rescind, or vary any contract for sale or exchange, and re-sell, or re-exchange, without being
responsible for any loss occasioned thereby.
**26. Direction as investment of proceeds of sale of lands.—The Corporation shall, with all**
convenient speed, invest all moneys which may be received by them upon any sale or exchange which
shall be effected by them under the powers conferred by section 24, either in the purchase of any one or
more of the securities specified in section 6, or in the purchase of other lands and hereditaments in the
Island of Bombay, suitable for the support of the dignity of the said title; provided that every such
purchase of lands or hereditaments be made with the consent in writing of the person for the time being
entitled to, and in the enjoyment of, and said title conferred by the said Letters Patent.
**27. Declaration of Trusts as to investments of proceeds of sale of lands.—The Corporation shall**
hold all stocks, funds, and securities which may be purchased by them in pursuance of the directions
contained in section 26 upon the same trusts, and to the same ends, intents, and purposes, and with the
same powers as are by this Act declared of and concerning the trust funds of the Settlement effected by
this Act, and shall hold all lands and hereditaments may be purchased by them in pursuance of the
directions contained in section 26 upon the same trusts and to the same ends, intents, and purposes, and
with the same powers and are declared by this Act of and concerning all lands and hereditaments which
may be purchased under the powers conferred by section 8.
**28. Power to Baronet for the time being to enter into arrangement with Government as to land-**
**revenue payable in respect of land purchased under section 8.—The person for the time being entitled**
to, and in the enjoyment of, the title of Baronet conferred by the said Letters Patent as aforesaid, shall
have power with a view to the more advantageous sale of the land occupied by the said Mansion House
and other hereditaments, called Mazagon Castle, in other hereditaments, called Mazagon Castle, in
pursuance of the powers in that behalf conferred by section 10, and, notwithstanding anything in this Act
contained to the contrary, to enter into an arrangement with the Government of Bombay whereby, in
consideration of the waiver in perpetuity by the Government of Bombay of their right to enhance the
amount of the assessment to land revenue for the time being payable in respect of the land occupied by
the said Mansion House and other hereditaments, called Mazagon Castle, either the amount of the
assessment to land-revenue payable in respect of any land which may be purchased in pursuance of the
power in that behalf conferred by section 8, may be enhanced, or an assessment to land-revenue of any
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land so purchased, which at the time of the purchase thereof shall not be liable to the payment of
land-revenue, may be imposed thereon.
**29. Indemnity of Trustees.—The Trustees for the time being action in the execution of the trusts and**
powers hereby created and reposed in them respectively, and their successors, respectively, shall be
changed and chargeable for such moneys only as he and they respectively shall actually receive by virtue
of the trusts, powers and provisions of this Act, notwithstanding his, their, or any of their giving or
signing, or joining in giving or singing any receipt or receipts, for the sake of conformity; and he and they
respectively shall not be answerable or accountable for any banker or broker, agent, or other person with
whom or in whose hands any part of the said trust moneys shall or may be deposited or lodged for safe
custody, or otherwise in the execution of any of the trusts, powers and provisions hereinbefore created or
contained; and the Trustees for the time being acting in the execution of the trusts and powers hereby
created, and reposed in them respectively, and their successors respectively, shall not be answerable or
accountable for the insufficiency or deficiency of any security or securities, stocks or funds, in or upon
which the said trust moneys or any part thereof shall be placed out or invested, nor for any other
misfortune, loss or damage which may happen in the execution of the aforesaid trusts, powers and
provisions or in relation thereto; and it shall be lawful for him and them respectively with or out of the
money which shall come to his or their respective hands by virtue of the trusts and provisions of this Act,
to retain and reimburse to himself and themselves respectively all costs, damages and expenses which he
and they respectively shall or may sustain, expend, or disburse in or about the execution of the aforesaid
powers, trusts, and provisions or in relation thereto.
**30. General saving clause.—Saving always [1][the Government], and to all and every other person and**
persons, bodies politic and corporate, and his, her and their respective heirs, successors executors, and
administrators and every of them (other than and except the devisees, heirs and assigns of the said Sir
Jamsetjee Jejeebhoy, First Baronet), all such estate, right, title, interest, claim, and demand whatsoever of,
in, to, out of, or upon the said Mansion House and hereditaments, called Mazagon Castle, and any lands,
buildings or other hereditaments, which may be purchased or erected, under the powers conferred by
section 8 or any parts thereof, as they, every, or any of them had before the passing of this Act and
would, could, or might have had, held, or enjoyed in case this Act had not been passed.
____________
1. Subs. by the A.O. 1950, for “the King’s Most Excellent Majesty, His heirs and successors”.
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|
1-Oct-1915 | 16 | The Banaras Hindu University Act, 1915 | https://www.indiacode.nic.in/bitstream/123456789/2356/1/A1915-16.pdf | central | # THE BANARAS HINDU UNIVERSITY ACT, 1915
**(Modified as on 3rd December 2018)**
_________
# ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title and commencement.
2. Definitions.
3. Incorporation.
4. University open to all classes, castes and creeds.
4A. Powers of the University.
5. Visitor.
6. Officers of the University.
7. Chancellor.
7A. Powers of Chancellor.
7B. Vice-Chancellor.
7C. Powers and duties of Vice-Chancellor.
8. Powers and duties of officers, terms of office and filling of casual vacancies.
8A. Authorities of the University.
9. The Court.
10. Executive Council.
11. The Academic Council.
12. [Omitted.].
12A. Other authorities.
12B. Disqualifications.
13. Audit of accounts.
13A. Annual Report.
14. Permanent reserve to cover recurring charges.
15. Maintenance and admission to privileges of Colleges.
16. Recognition of degrees.
16A. Pension or Provident Fund.
16B. Conditions of service of officers and teachers.
16C. Proceedings not to be invalidated by vacancies, etc.
16D. Protection of action taken in good faith.
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SECTIONS
17. Statutes.
18. Ordinances.
19. Power to make Regulations.
19A. Constitution of boards and committees.
20. Dissolution and transfer of property of the Hindu University Society.
THE SCHEDULE.
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# THE BANARAS HINDU UNIVERSITY ACT, 1915
ACT NO. 16 OF 1915
[1st _October, 1915.]_
# An Act to establish and incorporate a teaching and residential Hindu University at [1][Banaras].
WHEREAS it is expedient to establish and incorporate a teaching and residential Hindu University at
1[Banaras], and to dissolve the Hindu University Society, a Society registered under the Societies
Registration Act, 1860 (21 of 1860), and to transfer to, and vest in, the said University, all property and
rights now vested in the said Society; It is hereby enacted as follows:—
**1. Short title and commencement.—(1) This Act may be called the** [1][Banaras] Hindu University
Act, 1915.
(2) It shall come into force on such date[2] as the Central Government may, by notification in the
Official Gazette, direct.
3[2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Academic Council” means the Academic Council of the University.
(b) “college” means a college or teaching institution (other than a secondary, primary or infant
school or pathasala) maintained by, or admitted to the privileges of, the University;
(c) “Court” means the University Court;
(d) “Executive Council” means the University Executive Council;
(e) “Faculty” means a Faculty of the University;
(f) “Ordinances” means the Ordinances of the University for the time being in force;
(g) “Regulations” means the Regulations of the University for the time being in force;
(h) “Statutes” means the Statutes of the University for the time being in force;
(i) “teacher” means a salaried professor, reader, lecturer or tutor who imparts instruction in a
Faculty of, or in a college maintained by, the University and includes any other person who is
declared to be a teacher by the Academic Council;
(j) “University” means the Banaras Hindu University.]
**3. Incorporation.—[4][(1) The Chancellor and the Vice-Chancellor and the members of the Court, the**
Executive Council and the Academic Council, for the time being shall be a body corporate by the name of
the Banaras Hindu University.]
(2) The University shall have perpetual succession and a common seal, and shall sue, and be sued, by
the name first aforesaid.
5* - - -
1. Subs. by Act 55 of 1951, s. 2, for “Benares” (w.e.f. 3-11-1951).
2. 1st April, 1916, see Gazette of India, 1916, Pt. I. P. 352.
3. Subs. by Act 52 of 1966, s. 2, for section 2 (w.e.f. 31-12-1966).
4. Subs. by s. 3, ibid., for sub-section (1) (w.e.f. 31-12-1966).
5. Sub-section (3) omitted by s. 3, ibid. (w.e.f. 31-12-1966).
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1[4. University open to all classes, castes and creeds.—The University shall be open to persons of
either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt
or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be
admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat, or to enjoy or
exercise any privilege thereof, except in respect of any particular benefaction accepted by the University,
where such test is made a condition thereof by any testamentary, or other instrument creating such
benefaction:
Provided that nothing in this section shall be deemed to prevent religious instruction being given in
the manner prescribed by the Ordinances [2][to those who, or, in the case of minors, whose parents or
guardians have given their consent thereto in writing].
**4A. Powers of the University.—The University shall have the following powers, namely:—**
(1) to provide for instruction in such branches of learning as the University may think fit, and to
make provision for research and for the advancement and dissemination of knowledge;
3[(2) to promote the study of religion, literature, history, science and art of
Vedic, Hindu, Buddhist, Jain, Islamic, Sikh, Christian, Zoroastrian and other civilisations and
cultures;
(3) to hold examinations and to grant diplomas and certificates, and confer degrees
and other academic distinctions to and on persons—
(a) who shall have pursued a course of study in the University or in a college and passed the
examination or who shall have carried on research work in the manner prescribed by
the Ordinances, or
(b) who are teachers of the University or any college under conditions laid down in the
Statutes or the Ordinances and shall have passed the examinations of the University under like
conditions, or
(c) who, being women, shall have pursued a course of private study in subjects provided for
by the Ordinances and shall have passed the examinations of the University in their subjects
under conditions laid down in the Ordinances;]
(4) to confer honorary degrees or other distinctions in the manner laid down in the Statutes;
(5) to grant such diplomas [4][or certificates] to, and to provide such lectures and instruction for,
persons not being members of the University as the University may determine;
4[(5A) To withdraw degrees, diplomas, certificates and other academic distinctions;]
(6) to co-operate with other Universities and authorities in such manner and for such purposes as
the University may determine;
(7) to institute professorships, readerships, lectureships and other teaching posts required by the
University and to appoint persons to such professorships, readerships and lectureships and other
posts;
1. Subs. by Act 55 of 1951, s. 3, for sub-sections (4), (5) and (6) (w.e.f. 3-11-1951).
2. Subs. by Act 52 of 1966, s. 4, for “to those who have consented to receive it” (w.e.f. 31-12-1966).
3. Subs. by s. 5, ibid., for clauses (2) and (3) (w.e.f. 31-12-1966).
4. Ins. by s. 5, ibid. (w.e.f. 31-12-1966).
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(8) to institute and award fellowships (including travelling fellowships), scholarships,
studentships, exhibitions and prizes in accordance with the Statutes and the Ordinances;
(9) to institute and maintain halls and hostels and to recognise places of residence for students of
the University;
1[(9A) to institute, establish, maintain, reconstitute, amalgamate, divide or abolish departments,
faculties or colleges and carry out inspection thereof and inquiry in relation thereto;]
(10) to demand and receive such fees and other charges as may be prescribed by the Ordinances;
(11) to supervise and control the residence and to regulate the discipline of students of the
University, and to make arrangements for promoting their health [1][and welfare].
(12) to make special arrangements in respect of the residence, discipline, and teaching of women
students;
1[(12A) to regulate and enforce discipline among salaried officers, teachers and other employees
of the University in accordance with the Statutes and Ordinances;]
(13) to create administrative, ministerial and other necessary posts and to make appointments
thereto; [2]***
1[(13A) to acquire, hold, manage and dispose of property, movable or immovable, including trust
or endowed property, for the purposes of the University;
(13B) with the approval of the Central Government, to borrow on the security of the property of
the University, money for the purpose of the University;]
(14) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may
be requisite in order to further the objects of the University.]
**5. Visitor.—(1) The President of India shall be the Visitor of the University.**
(2) The Visitor shall have the right to cause an inspection to be made, by such person or persons as he
may direct, of the University, its buildings, laboratories and equipment [3][of any college] and of any
institution maintained by University, and also of the examinations, teaching and other work conducted or
done by the University and to cause an inquiry to be made in like manner in respect of any matter
connected with the University.
(3) The Visitor shall in every case give notice to the University of his intention to cause an inspection
or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the
right to be present and be heard at such inspection or inquiry.
(4) The Visitor may address the Vice-Chancellor with reference to the result of such inspection and
inquiry, and the Vice-Chancellor shall communicate to the Executive Council the views of the Visitor
with such advice as the Visitor may offer upon the action to be taken thereon.
(5) The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action,
if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.
(6) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of
the Visitor, the Visitor may, after considering any explanation furnished or representation made by the
Executive Council, issue such directions as he may think fit and the Executive Council shall be bound to
comply with such directions.
1. Ins. by Act 52 of 1966, s. 5 (w.e.f. 31-12-1966).
2. The word “and” omitted by s. 5, ibid. (w.e.f. 31-12-1966).
3. Ins. by s. 6, ibid. (w.e.f. 31-12-1966).
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(7) Without prejudice to the foregoing provisions of this section the Visitor may, by order in writing,
annul any proceeding of the University which is not in conformity with this Act, the Statutes or the
Ordinances:
Provided that before making any such order, he shall call upon the University to show cause why
such an order should not be made and if any cause is shown within a reasonable time, shall consider the
same.]
1[6. Officers of the University.—The following shall be the officers of the University, namely:—
(a) the Chancellor,
(b) the Vice-Chancellor,
(c) the Rector,
(d) the Registrar,
(e) the Finance Officer,
(f) the Deans of Faculties,
(g) the Dean of Students,
(h) the Librarian,
(i) the Chief Proctor,
(j) such other persons in the service of the University as may be declared by the Statutes to be the
officers of the University.
**7. Chancellor.—(1) The Chancellor shall be elected by the Court and shall hold office for a term of**
three years:
Provided that the Chancellor shall, notwithstanding the expiration of his term, continue to hold his
office until the election of his successor.
(2) If the office of the Chancellor becomes vacant, the functions of his office shall, until some person
is elected under sub-section (1) to the vacant office, be performed by the Vice-Chancellor.
**7A. Powers of Chancellor.—(1) The Chancellor shall, by virtue of his office, be the Head of the**
University.
(2) The Chancellor shall, if present, preside at convocation of the University for conferring degrees
and at all meetings of the Court.
**7B. Vice-Chancellor.—[2][(1) The Vice-Chancellor shall be appointed by the Visitor on the**
recommendation of a Selection Committee constituted by the Visitor for the purpose:
Provided that, if the Visitor does not approve of such recommendation, he may call for one or more
fresh recommendations.]
(3) The Vice-Chancellor shall be a whole-time salaried officer of the University.
(4) The Vice-Chancellor shall hold office for a term of [3][three years] from the date on which he enters
upon his office and shall, on the expiration of his term of office, be [4][eligible for reappointment to that
office for a second term]:
Provided that the Vice-Chancellor shall, notwithstanding the expiration of his term, continue to
hold his office until his successor is appointed and enters upon his office.
1. Subs. by Act 52 of 1966, s. 7, for sections 6 and 7 (w.e.f. 31-12-1966).
2. Subs. by Act 34 of 1969, s. 2, for sub-sections (1) and (2) (w.e.f. 5-9-1969).
3. Subs. by s. 2, ibid., for “five years” (w.e.f. 5-9-1969).
4. Subs. by s. 2, ibid., for “ineligible for reappointment to that office” (w.e.f. 5-9-1969).
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(5) The emoluments and other terms and conditions of service of the Vice-Chancellor shall be
prescribed by the Statutes.
(6) If the office of the Vice-Chancellor becomes vacant, the functions of his office shall, until some
person is appointed under sub-section (1) to the vacant office, be performed by the Rector:
Provided that if there is no Rector, the Registrar shall carry on the current duties of the Vice
Chancellor and call a meeting of the Executive Council forthwith and take its directions for the carrying
on of the work of the University.
**7C. Powers and duties of Vice-Chancellor.—(1) The Vice-Chancellor who shall be the principal**
executive and academic officer of the University, shall take rank next to the Chancellor and shall exercise
general supervision and control over the affairs of the University and give effect to the decisions of its
authorities.
(2) The Vice-Chancellor shall be the _ex officio Chairman of the Executive Council, the Academic_
Council [1]*** and the Finance Committee and shall, in the absence of the Chancellor, preside at any
convocation of the University for conferring degrees and also at any meeting of the Court; he shall be
entitled to be present at and to address any meeting of any authority or board or committee of the
University but shall not be entitled to vote thereat unless he is a member of such authority or board or
committee.
(3) It shall be the duty of the Vice-Chancellor to see that the provisions of this Act, the Statutes,
the Ordinances and the Regulations are duly observed.
(4) The Vice-Chancellor shall have power to convene meetings of the Court, the Executive
Council, [2][and the Academic Council] and shall perform all such acts as may be necessary to carry out the
provisions of this Act, the Statutes and the Ordinances.
(5) If, in the opinion of the Vice-Chancellor, any emergency has arisen which requires immediate
action to be taken, the Vice-Chancellor shall take such action as he deems necessary and shall report the
same for approval at the next meeting to the authority which, in the ordinary course, would have dealt
with the matter:
Provided that, if the action taken by the Vice-Chancellor is not approved by the authority concerned,
he may refer the matter to the Visitor, whose decision thereon shall be final.
Provided further that, where any such action taken by the Vice-Chancellor affects any person in the
service of the University, such person, shall be entitled to prefer, within thirty days from the date on
which he receives notice of such action, an appeal to the Executive Council.
(6) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes,
the Ordinances or the Regulations.]
**8. Powers and duties of officers, terms of office and filling of casual vacancies.—Subject to the**
provisions of this Act, the powers and duties of [3][the other officers of the University] the term for which
they shall hold office, and the filling up of casual vacancies in such offices, shall be provided for by the
Statutes.
4[8A. Authorities of the University.—The following shall be the authorities of the University,
namely:—
(a) the Court,
1. The words “, the Standing Committee of the Academic Council” omitted by Act 34 of 1969, s. 3 (w.e.f. 5-9-1969).
2. Subs. by s. 2, ibid., for “, the Academic Council and the Standing Committee of the Academic Council” (w.e.f. 5-9-1969).
3. Subs. by Act 52 of 1966, s. 8, for “the officers of the University” (w.e.f. 31-12-1966).
4. Ins. by s. 9, ibid. (w.e.f. 31-12-1966).
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(b) the Executive Council,
(c) the Academic Council,
1* - - -
(e) the Finance Committee,
(f) the Faculties,
(g) such other authorities as may be declared by the Statutes to be the authorities of the
University.]
2[3[9. The Court.—The Court shall be an advisory body and its functions shall be—
(a) to advise the Visitor in respect of any matter which may be referred to it for advice;
(b) to advise any authority of the University in respect of any matter which may be referred to the
Court by such authority; and
(c) to perform such other duties and exercise such other powers as may be assigned to it by the
Visitor or under this Act.]
**10. Executive Council.—(1) The Executive Council shall, subject to the control of the [4][Visitor] be**
the executive body of the University and shall have charge of the management and administration of the
revenue and property of the University and the conduct of all administrative affairs of the University not
otherwise provided for.
(2) Subject to the provisions of this Act, the Executive Council shall exercise such other powers and
perform such other duties as may be conferred or imposed on it by the Statutes or the Ordinances.]
**11. The Academic Council.—(1) The [5][Academic Council] shall be the academic body of the**
University and, subject to the Act, the Statutes and [6][Ordinances] shall have 7*** charge of
the organization of] [8][study and research] in the University and the Colleges, the courses of study and
the examination [9]*** of students and the conferment of ordinary and honorary
degrees [10][and shall exercise such other powers and perform such other duties as may be conferred or
imposed on it by the Statutes and Ordinances, and shall have the right to advise the Executive Council on
all academic matters].
11* - - -
**12.** [The Standing Committee of the Academic Council.] Omitted by the Banaras Hindu University
(Amendment) Act (34 of 1969), s. 7 (w.e.f. 5-9-1969).
12[12A. Other authorities.—Subject to the provisions of the this Act, the functions, powers and
duties of the other authorities of the University shall be provided for by the Statutes.
**12B. Disqualifications.—(1) A person shall be disqualified for being chosen as, and for being**
a member of any of the authorities of the University—
(a) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy;
1. Clause (d) omitted by Act 34 of 1969, s. 4 (w.e.f. 5-9-1969).
2. Subs. by s. 5, ibid., for sections 9 and 9A (w.e.f. 5-9-1969).
3. Subs. by Act 52 of 1966, s. 10, for sections 9 and 10 (w.e.f. 31-12-1966).
4. Subs. by Act 34 of 1969, s. 6, for “Court” (w.e.f. 5-9-1969).
5. Subs. by Act 55 of 1951, s. 2, for “Senate” (w.e.f. 3-11-1951).
6. Subs. by s. 2, ibid., for “Regulations” (w.e.f. 3-11-1951).
7. The word “entire” omitted by s. 7, ibid. (w.e.f. 3-11-1951).
8. Subs. by Act 52 of 1966, s. 11, for “instruction” (w.e.f. 31-12-1966).
9. The words “and discipline” omitted by s. 11, ibid. (w.e.f. 31-12-1966).
10. Ins. by s. 11, ibid. (w.e.f. 31-12-1966).
11. Sub-section (2) omitted by Act 55 of 1951, s. 7 (w.e.f. 3-11-1951).
12. Subs. by Act 52 of 1966, s. 12, for section 12A (w.e.f. 31-12-1951).
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(b) if he is an undischarged insolvent;
(c) if he has been convicted by a Court of law of an offence involving moral turpitude and
sentenced in respect thereof to imprisonment for not less than six months.
(2) If any question arises as to whether a person is or had been subjected to any of the
disqualifications mentioned in sub-section (1), the question shall be referred for the decision of the Visitor
and his decision shall be final, and no suit or other proceeding shall lie in any Court of law against such
decision.]
**13. Audit of accounts.—[1][(1) The accounts of the University shall, once at least in every year and at**
intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India.]
(2) The accounts, when audited, shall be published in the Official Gazette and a copy of the accounts,
together with the auditor’s reports, shall be [2][submitted [3]*** to the Visitor].
4[(3) A copy of the accounts, together with the auditor’s report, shall also be submitted to the Central
Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.]
5[13A. Annual Report.—(1) The annual report of the University shall be prepared under the
direction of the Executive Council and shall be submitted to the Court on or before such date as may be
prescribed by the Statutes and shall be considered by the Court in its annual meeting.
(2) The Court may communicate its comments thereon to the Executive Council.
(3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the
Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of
Parliament.]
**14. Permanent reserve to cover recurring charges.—The University shall invest, and keep**
invested, in securities in which trust funds may be invested, in accordance with the provisions of the law
relating to trusts in [6][India], a sum of [7][forty-five lakhs of rupees] as a permanent endowment to meet the
recurring charges of the University other than charges in respect of scholarships, prizes and rewards:
Provided that—
(1) any Government securities, as defined by the Indian Securities Act, [8][1920] which may be
held by the University shall, for the purpose of this section, be reckoned at their face-value, and
(2) [9][the aforesaid sum of forty-five lakhs shall be reduced by such sum as, at the commencement
of the Banaras Hindu University (Amendment) Act, 1966 (52 of 1966)] the Central Government
shall, by order in writing, declare to be the total capitalised value, for the purposes of this section—
(a) of all permanent recurring grants of money which have been made to the University [10][by
any Ruler of any Indian State] and
(b) of the total income accruing from immovable property which has been transferred to the
University.
1. Subs. by Act 55 of 1951, s. 9, for sub-section (1) (w.e.f.
2. Subs. by Act 52 of 1966, s. 13, for “submitted to the Visitor” (w.e.f. 31-12-1966).
3. The words “to the Court and” omitted by Act 34 of 1969, s. 8 (w.e.f. 5-9-1969).
4. Ins. by Act 25 of 2008, s. 2 (w.e.f. 5-12-2008).
5. Ins. by s. 3, ibid. (w.e.f. 5-12-2008).
6. Subs. by Act 55 of 1951, s. 10, for “the States” (w.e.f. 3-11-1951).
7. Subs. by Act 52 of 1966, s. 14, for “fifty lakhs of rupees” (w.e.f. 31-12-1966).
8. Subs. by s. 14, ibid., for “1886” (w.e.f. 31-12-1966).
9. Subs. by s. 14, ibid., for “the aforesaid sum of fifty lakhs shall be reduced by such sum as, at the commencement of this Act”
(w.e.f. 31-12-1966).
10. Subs. by s. 14, ibid., for “by any Indian Prince or Chief” (w.e.f. 31-12-1966).
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**15. Maintenance and admission to privileges of Colleges.—(1) The Central Hindu**
College, [1][Banaras], shall, from such [2]date as the Central Government may, by notification in the Official
Gazette, appoint in this behalf, be deemed to be a College maintained by the University, and the
University may found and maintain other colleges and [3][institutions including High Schools, within a
radius of fifteen miles from the main temple of the University] for the purpose of carrying out instruction
and research.
4[(1A) The University may also found and maintain (within or beyond the aforementioned limits)
special centers and laboratories for research in Humanities, Science and Technology, Education,
Medicine and other professional subjects and in other spheres of learning and knowledge.]
(2) With the approval of the [5][Academic Council] and the sanction of the Visitor, and subject to the
Statutes and [6][Ordinances] the University may admit colleges and [7][institutions including High Schools,
within the aforementioned limits] to such privileges of the University, subject to such conditions, as it
thinks fit.
4[Provided that no new college or institution started after the commencement of the Banaras Hindu
University (Amendment) Act, 1966, shall be admitted to any such privileges of the University.]
**16. Recognition of degrees.—The degrees, diplomas, certificates and other academic distinctions**
granted by the University, shall be recognized by [8][the Central and State Governments] to the same extent
and, in the same manner as the corresponding degrees, diplomas, certificates and other academic
distinctions granted by any other University incorporated by [9][a Central Act].
10[16A. Pension or Provident Fund.—The University shall constitute for the benefit of its officers,
teachers and other [11][employees] such pension or provident fund [12][or provide such insurance scheme] as
it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.]
13[16B. Conditions of service of officers and teachers.—(1) Every salaried officer and teacher of
the University shall be appointed under a written contract, which shall be lodged with the University and
a copy of which shall be furnished to the officer or teacher concerned.
(2) Any dispute arising out of a contract between the University and any of its officers or
teachers shall, at the request of the officer or teacher concerned or at the instance of the University, be
referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council,
one member nominated by the officer or the teacher concerned and an umpire appointed by the Visitor.
(3) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any Court
of law.
(4) No suit or proceeding shall lie in any Court of law in respect of any matter which is required by
sub-section (2) to be referred to the Tribunal of Arbitration.
(5) The Tribunal of Arbitration shall have power to regulate its own procedure.
1. Subs. by Act 55 of 1951, s. 2, for “Benares” (w.e.f. 3-11-1951).
2. 1st October, 1917, see Gazette of india, 1917, Pr. I, P. 1641.
3. Subs. by Act 55 of 1951, s. 11, for “institutions in Benares” (w.e.f. 3-11-1951).
4. Ins. by Act 52 of 1966, s. 15 (w.e.f. 31-12-1966).
5. Subs. by Act 55 of 1951, s. 2, for “Senate” (w.e.f. 3-11-1951).
6. Subs. by s. 2, ibid., for “Regulations” (w.e.f. 3-11-1951).
7. Subs. by s. 11, ibid., for “institutions in Benares” (w.e.f. 3-11-1951).
8. Subs. by the A.O. 1948, for “any Government in British India”.
9. Subs. by the A.O. 1950, for “an act of the Central Legislature”.
10. Ins. by Act 29 of 1930, s. 4.
10. Subs. by Act 52 of 1966, s. 14, for “servants” (w.e.f. 31-12-1966).
11. Ins. by Act 55 of 1951, s. 12 (w.e.f. 3-11-1951).
12. Ins. by Act 52 of 1966, s. 17 (w.e.f. 31-12-1966).
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(6) Nothing contained in any law for the time being in force relating to arbitration shall apply to
arbitrations under this section.
**16C. Proceedings not to be invalidated by vacancies, etc.—No act or proceedings of any authority**
or board or committee of the University shall be invalid merely by reason, of—
(a) any vacancy in, or defect in the constitution thereof, or
(b) any defect in the election, nomination or appointment of a person acting as a member thereof, or
(c) any irregularity in its procedure not affecting the merits of the case.
**16D. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall**
lie against any officer, teacher or other employee of the University for anything which is in good faith
done or intended to be done by hi m under this Act or the Statutes or the Ordinances or the Regulations.]
1[17. Statutes.—(1) Subject to the provisions of this Act, the Statutes may provide for all or any of
the following matters, namely:—
(a) the constitution of the Court and the constitution, powers and duties of the other authorities of
the University other than the powers and duties provided for in this Act;
(b) [2][the appointment by election, nomination or otherwise] of members of the authorities of the
University, their continuance in office, the filling of vacancies of members thereof and all other
matters relating to the authorities;
(c) the appointment, powers and duties of the officers of the University;
(d) the institution of degrees, diplomas, certificates and other academic distinctions;
(e) the conferment of honorary degrees;
(f) the holding of convocation to confer degrees;
(g) the establishment, reconstitution, amalgamation, division or abolition of faculties,
departments, hostels, colleges and institutions;
(h) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(i) conditions under which colleges and institutions including High Schools may be admitted to
the privileges of the University and the withdrawal of such privileges;
(j) the institution of fellowships, scholarships, studentships, medals and prizes;
(k) the registration of graduates and the maintenance of a register of registered graduates;
(l) the classification and the manner of appointment of teachers in the University and the colleges;
(m) the constitution of a pension or provident fund and the establishment of an insurance scheme
for the benefit of the officers, teachers and other employees of the University;
(n) the meetings of the Court, the Executive Council, the Academic Council, [3]*** the Finance
Committee or the Faculties, the quorum at such meetings and the procedure to be followed in the
conduct of their bus iness;
(o) the discipline of students;
(p) all other matters which are to be or may be provided for by the Statutes.
1. Subs. by Act 52 of 1966, s. 18, for section 17 (w.e.f. 31-12-1966).
2. Subs. by Act 34 of 1969, s. 9, for “the election and appointment” (w.e.f. 5-9-1969).
3. The words “the Standing Committee of the Academic Council” omitted by s. 9, ibid. (w.e.f. 5-9-1969).
-----
(2) The Statutes in force at the commencement of the Banaras Hindu University (Amendment)
Act, 1966 (52 of 1966), shall be those set out in the Schedule to this Act.
1[(3) The Executive Council may, from time to time, make new or additional statutes or may amend
or repeal the Statutes.]
2[(4)] Every new Statute or addition to a Statute or any amendment or repeal of a Statute shall require
the previous approval of the Visitor who may sanction or disallow it or remit it for further consideration.]
3[18. Ordinances.—(1) Subject to the provisions of this Act and the Statutes, the Ordinances may
provide for all or any of the following matters, namely:—
(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the
University;
4[(c) the qualifications for admission to courses of study for degrees, diplomas, certificates
and other academic distinctions and to examinations of the University and the award of degrees,
diplomas, certificates and other academic distinctions;]
(d) the fees to be charged for courses of study in the University and for admission to the
examinations, degrees and diplomas of the University;
(e) the conditions of the award of fellowships, scholarships, studentships, exhibitions, medals and
prizes;
(f) the conduct of examinations, including the terms of office and manner of appointment and the
duties of examining bodies, examiners and moderators;
5[(ff) the remunerations and allowances to examiners, moderators and other persons engaged in
the business of the University;]
(g) the maintenance of discipline among the students of the University;
(h) the conditions of residence of students at the University;
(i) the special arrangements, if any, which may be made for the residence, discipline and teaching
of women students, and the prescribing for them of special courses of study;
(j) the giving of religious instruction;
(k) the emoluments and the terms and conditions of service of [6][employees] of the University;
(l) the management of colleges and other institutions founded or maintained under sub-section (1)
of section 15;
5[(ll) the meetings of any board or committee that may be set up under this Act or the Statutes, the
quorum at such meetings and the procedure to be followed in the conduct of their business;]
(m) the supervision and inspection of colleges and other institutions admitted to privileges of the
University under sub-section (2) of section 15; [7]***
1. Subs. by Act 34 of 1969, s. 9, for sub-sections (3), (4), (5) and (6) (w.e.f. 5-9-1969).
2. Sub-section (7) renumbered as sub-section (4) thereof by s. 9, ibid. (w.e.f. 5-9-1969).
3. Subs. by Act 55 of 1951, s. 14, for sections 18 and 19 (w.e.f. 3-11-1951).
4. Subs. by Act 52 of 1966, s. 19, for clause (c) (w.e.f. 31-12-1966).
5. Ins. by s. 19, ibid. (w.e.f. 31-12-1966).
6. Subs. by s. 19, ibid., for “teachers” (w.e.f. 31-12-1966).
7. The word “and” omitted by s. 19, ibid. (w.e.f. 31-12-1966).
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1[(mm) the powers and duties of teachers and salaried officers and the powers which may be
delegated to them;
(mmm) the conditions and qualifications for the registration of graduates;]
(n) all other matters which by this Act or the Statutes are to be or may be provided for by
the Ordinances.
(2) The Regulations of the University as in force immediately before the commencement of
the Banaras Hindu University (Amendment) Act, 1951 (55 of 1951), shall be deemed to be the
first Ordinances made under this section.
(3) The said Ordinances may be amended, repealed or added to at any time by the Executive Council:
2[Provided that no Ordinance shall be made—
(a) regarding the recognition of examinations of other Universities and institutions as equivalent
to the University examinations, or
(b) affecting the conditions, mode of appointment or duties of examiners or the conduct or
standard of examinations or of any course of study,
unless a draft of such Ordinance has been proposed by the Academic Council.]
(4) The Executive Council shall not have power to amend any draft proposed by the Academic
Council under the provisions of sub-section (3) but may reject the proposal or return the draft to the
Academic Council for reconsideration, either in whole or in part, together with any amendments which
the Executive Council may suggest.
3[(5) Where the Executive Council has rejected the draft of an Ordinance proposed by the Academic
Council, the Academic Council may appeal to the Visitor who may pass such order thereon as he thinks
fit.
(6) All Ordinances made by the Executive Council shall be submitted, as soon as may be, to the
Visitor who may disallow any such Ordinance or remit it to the Executive Council for further
consideration.
(7) The Visitor may, by order, direct that the operation of any Ordinance shall be suspended until he
has had an opportunity of exercising his power of disallowance, and any order of suspension under this
sub-section shall cease to have effect on the expiration of one month from the date of such order.]
**19. Power to make Regulations.—(1) The authorities of the University may make Regulations**
consistent with this Act, the Statutes and the Ordinances—
(a) laying down the procedure to be observed at their meetings and the number of members
required to form a quorum;
(b) providing for all matters which by this Act, the Statutes or the Ordinances are to be prescribed
by Regulations, and
(c) providing for all matters solely concerning such authorities or committees appointed by them
and not provided for by this Act, the Statutes or the Ordinances.
(2) Every authority of the University shall make Regulations providing for the giving of notice to
the members of such authority of the dates of meetings and of the business to be considered at meetings
and for the keeping of a record of the proceedings of meetings.
1. Ins. by Act 52 of 1966, s. 19 (w.e.f. 31-12-1966).
2. Subs. by s. 19, ibid., for the proviso (w.e.f. 31-12-1966).
3. Subs. by Act 34 of 1969, s. 10, for sub-sections (5), (6), (7) and (8) (w.e.f. 5-9-1969).
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(3) The Executive Council may direct the amendment, in such manner as it may specify, of any
Regulation made under this section or the annulment of any such Regulation:
1[Provided that any authority of the University which is dissatisfied with any such direction may,
within two months of the date of such direction, appeal to the [2][Visitor] whose decision thereon shall be
final.]
3[(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official
Gazette.
(5) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute,
Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
that Statute, Ordinance or Regulation.]
4[19A. Constitution of boards and committees.—Where any authority of the University is given
power by this Act or by the Statutes to appoint boards or committees, such board or committee shall,
unless there is some special provision to the contrary, consist of members of the authority concerned and
of such other persons (if any) as the authority in each case may think fit.]]
**20. Dissolution and transfer of property of the Hindu University Society.—(1) From**
the commencement of this Act, the Hindu University Society shall be dissolved, and all property,
movable and immovable, and all rights, powers, and privileges of the Hindu University Society which,
immediately before the commencement of this Act, belonged to, or were vested in, the said Society, shall
vest in the University, and shall be applied to the objects and purposes for which the University is
incorporated.
(2) From the commencement of this Act, all debts and liabilities of the said Society shall be
transferred and attached to the University, and shall thereafter be discharged and satisfied by the
University.
(3) Any will, deed or other document, whether made or executed before or after the commencement
of this Act, which contains any bequest, gift or trust in favour of the Central Hindu College or the said
Society shall, on the commencement of this Act, be construed as if the University were therein named,
instead of the said College or Society
THE SCHEDULE.—For the Statutes of the University see University Calendar.
1. Added by Act 52 of 1966, s. 20, (w.e.f. 31-12-1966). Earlier it was omitted by Act 34 of 1958, s. 6.
2. Subs. by Act 34 of 1969, s. 6, for “Court” (w.e.f. 5-9-1969).
3. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).
4. Subs. by Act 52 of 1966, s. 21, for section 19A (w.e.f. 31-12-1966).
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28-Sep-1916 | 15 | The Hindu Disposition of Property Act, 1916 | https://www.indiacode.nic.in/bitstream/123456789/2357/1/191615.pdf | central | # THE HINDU DISPOSITION OF PROPERTY ACT, 1916
__________
ARRANGEMENT OF SECTIONS
___________
SECTIONS
1. Short title and extent.
2. Dispositions for the benefit of persons not in existence.
3. Limitations and conditions.
4. [Repealed.].
5. Application of this Act to the Khoja community.
1
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# THE HINDU DISPOSITION OF PROPERTY ACT, 1916
ACT NO. 15 OF 1916
[28th September, 1916.]
# An Act to remove certain existing disabilities in respect of the power of disposition of property by Hindus for the benefit of persons not in existence at the date of such disposition.
WHEREAS it is expedient to remove certain existing disabilities in respect of the power of disposition
of property by Hindus for the benefit of persons not in existence at the date of such disposition; It is
hereby enacted as follows:—
**1. Short title and extent.—(1)** This Act may be called the Hindu Disposition of Property Act, 1916.
1[(2) It extends to the whole of India 2***.]3
**2. Dispositions for the benefit of persons not in existence.—Subject to the limitations and**
provisions specified in this Act, no disposition of property by a Hindu, whether by transfer inter vivos or
by will, shall be invalid by reason only that any person for whose benefit it may have been made was not
in existence at the date of such disposition.
**3. Limitations and conditions.—The limitations and provisions referred to in section 2 shall be the**
following, namely:—
(a) in respect of dispositions by transfer _inter vivos,_ those contained in [4][Chapter II] of the
Transfer of Property Act, 1882 (4 of 1882), and
(b) in respect of dispositions by will, those contained in [5][sections 113, 114, 115 and 116 of the
Indian Succession Act, 1925 (33 of 1925)].
**4. [Failure of prior disposition.] Rep. by the Transfer of Property** (Amendment)
_Supplementary Act, 1929 (21 of 1929), s. 12._
**5. Application of this Act to the Khoja community.—Where the** [6][State Government] is of
opinion that the Khoja community in [7][the State] or any part thereof desire that the provisions of this
Act should be extended to such community [8][it] may by notification in the Official Gazette, declare
that the provisions of this Act, with the substitution of the word “Khojas” or “Khoja,” as the case
may be, for the word “Hindus” or “Hindu” wherever those words occur, shall apply to that
community in such area as may be specified in the notification, and this Act shall thereupon have
effect accordingly.
1. Subs. by Act 48 of 1959, s. 3 and Sch. I, for sub-section (2) (w.e.f. 1-2-1960).
2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
3. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch.
In its application to Pondicherry, in section 1, after sub-section (2), the following shall be inserted—“Provided
that nothing contained in this Act, shall apply to the Renoncants of the Union territory of Pondicherry. ”—(Vide
Act 26 of 1968).
4. Subs. by Act 21 of 1929, s. 12, for “sections 13, 14 and 20”.
5. Subs. by s. 12, ibid., for “sections 100 and 101 of the Indian Succession Act, 1865”.
6. Subs. by the A.O. 1937, for "G.G. in C.".
7. Subs., ibid., for “British India”.
8. Subs., ibid., for “he”.
2
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|
28-Feb-1917 | 05 | The Destruction of Records Act, 1917 | https://www.indiacode.nic.in/bitstream/123456789/2359/1/AAA1917____05.pdf | central | # THE DESTRUCTION OF RECORDS ACT, 1917
(Modified as on 3rd December, 2018)
# _________
ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title. Extent.
2. [Repealed.].
3. Power to certain authorities to make rules for disposal of documents.
4. Validation of former rules for disposal of documents.
5. Saving of certain documents.
6. [Repealed.].
_THE SCHEDULE_ [ _REPEALED_ .].
1
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# THE DESTRUCTION OF RECORDS ACT, 1917
ACT NO. 5 OF 1917[1]
[28th February, 1917.]
# An Act to consolidate and amend the law providing for the destruction or other
disposal of certain documents in the possession or custody of Courts and Revenue and other public officers.
WHEREAS it is expedient to consolidate and amend the law providing for the destruction
or other disposal of certain documents in the possession or custody of Courts and Revenue
and other public officers; It is hereby enacted as follows:—
**1. Short title. Extent.—This Act may be called the Destruction of Records Act, 1917.**
2[It extends to the whole of India except 3[the territories which, immediately before the
1st November, 1956, were comprised in Part B States].]
**STATE AMENDMENT**
**Karnataka**
**Amendment of section1 of Central Act V of 1917.—In section 1 of the principal Act,**
after the expression “except the territories Which immediately before the 1st November 1956
were comprised in Part ‘B’ States”, the expression “other than the territories specified in
clause (a) and clause (c) of sub-section (1) of section 7 of the States Reorganisation Act,
1956 (Central Act 37 of 1956)” shall be added.
[Vide Karnataka Act 3 of 1963, s. 3].
**2. [Definitions.] Rep. by the A.O. 1937.**
**43. Power to certain authorities to make rules for disposal of documents.—(1)** The
authorities hereinafter specified may, from time to time, make rules for the disposal, by
destruction or otherwise, of such documents as are, in the opinion of the authority making the
rules, not of sufficient public value to justify their preservation.
(2) The authorities shall be—
(a) in the case of documents in the possession or custody of a High Court or of the
Courts of civil or criminal jurisdiction subordinate thereto,—the High Court;
(b) in the case of documents in the possession or custody of Revenue Courts and
officers,—the Chief Controlling Revenue-authority[5]; and
(c) in the case of documents in the possession or custody of any other public
officer,—
6[(i) if the documents relate to purposes of a State, the State Government or any
officer specially authorized in that behalf by that Government;
(ii) in any other case, the Central Government or an officer specially authorized in that behalf
by that Government.]
7[(3) Rules made under this section by any High Court or by a Chief Controlling
Revenue-authority or by an officer specially authorized in that behalf by any State
1. This Act has been extended in its application to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch.;
(w.e.f. 1-2-1965) to the Union territory of Lakshadweep (w.e.f. 1-10-1967): _vide_ Reg. 8 of 1965, s. 3 and
Sch. and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch.
2. Ins. by the A.O. 1950.
3. Subs. by the A.O. (No. 3) 1956, for “Part B States”.
4. Section 3 has been amended in its application to the U.P. by the U.P. Board of Revenue Act, 1922 (U.P.
12 of 1922), s. 2 and Sch.
5. For definition of Chief Controlling Revenue-authority, _see_ the General Clauses Act, 1897 (10 of 1897),
s. 3.
6. Subs. by the A.O. 1937, for “the L.G., or any officer specially authorized in that behalf by the L.G. ”.
7. Subs., ibid., for sub-section (3).
2
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Government shall be subject to the previous approval of the State Government; and rules
made by an officer specially authorized in that behalf by the Central Government shall be
subject to the previous approval of the Central Government.]
**4. Validation of former rules for disposal of documents.** —All rules and orders
directing or authorising the destruction or other disposal of documents in the possession or
custody of any public officer, heretofore made by a State Government, or with the approval
of the State Government by any authority not empowered to make such rules under the
Destruction of Records Act, 1879 (3 of 1879), shall be deemed to have had the force of law
from the date on which they were made, and all such rules and orders now in force shall
continue to have the force of law until they are superseded by rules made under this Act.
**5.** **Saving of certain documents.—Nothing in this Act shall be deemed to authorise the**
destruction of any document which, under the provisions of any law for the time being in force,
is to be kept and maintained.
**6. [** _Repeals._ ] _Rep. by the Repealing Act,_ 1927 (12 _of_ 1927), _s._ 2 _and Schedule_ .
THE SCHEDULE.—[ _Repeal_ _of Enactments.] Rep. by s._ 2 _and Sch.,_ ibid.
___________
3
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|
21-Mar-1917 | 12 | The King of Oudh's Estate Validation Act, 1917 | https://www.indiacode.nic.in/bitstream/123456789/19249/1/a1917-12.pdf | central | # THE KING OF OUDH’S ESTATE VALIDATION ACT, 1917
___________
# ARRANGEMENT OF SECTIONS
___________
SECTIONS.
1. Short title.
2. Validation of certain deeds.
3. Payment of Rs. 77,856 from the Fund.
4. Distribution.
THE SCHEDULE.
1
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# THE KING OF OUDH’S ESTATE VALIDATION ACT, 1917
ACT NO. XII OF 1917
[PASSED BY THE INDIAN LEGISLATIVE COUNCIL.]
(Received the assent of the Governor General on the 21[st] March, 1917.)
An Act to validate certain deeds of conveyance and a trust deed relating to certain properties of
His late Majesty, Wajid Ali Shah, King of Oudh, and for other purposes.
WHEREAS doubts have arisen as to the validity of three deeds of conveyance, all dated the 23[rd]
November 1901, and a deed of declaration of trust of the same date, copies of which are set out in the
Schedule to this Act, and all of which deeds purport to relate to certain properties then or formerly of His
late Majesty, Wajid Ali Shah, King of Oudh (hereinafter, in this Act, called the late King), and in the case
of the said trust deed to declare the trusts of a certain Emambarra, mosque and burial ground, and for the
up-keep and maintenance thereof to constitute a certain Endowment Fund hereinafter in this Act referred
to as the Sibtainabad Endowment Fund;
# And Whereas by the said trust deed it was recited or assumed inter alia that a share
amounting to rupees two hundred thousand in a certain Government Promissory Note No. 018878 for rupees five hundred thousand standing in the name of Malkai Kisshore and deposited in the Government Treasury at Lucknow belonged to the estate of the late King, and that the said share was to form a part of the Sibtainabad Endowment Fund, and the interest thereon to be applied with the interest of certain other securities in the said trust deed referred to for the up-keep and maintenance of the said Emambarra, mosque and burial ground;
And Whereas all interest from the 1[st] of March 1901 to the 31[st] of December 1913 payable
in respect of the said share of rupees two hundred thousand in the said Note has been paid and credited to the Sibtainabad Endowment Fund along with the interest of the said other securities and the said Emambarra, mosque and burial ground have been kept up and maintained thereout;
And Whereas it now appears that the said share of rupees two hundred thousand did not,
in fact, belong to the estate of the late King, and that on his death the interest thoreon was or was intended to be payable to certain of the issue of the said Malkai Kisshore, and that the inclusion of the interest of the said share in the Sibtainabad Endowment Fund was due to a misapprehension;
And Whereas there is now standing to the credit of the Sibtainabad Endowment Fund the
sum of rupees seventy-seven thousand eight hundred and fifty-six being the accumulated balance after providing for the up-keep and maintenance of the said Emambarra, mosque and burial ground;
And Whereas it is expedient that the said deeds of conveyance and the said trust deed and
all acts and things done thereunder should be validated, and that at the same time it should be formally declared that the said share of rupees two hundred thousand no longer forms a part of the Sibtainabad Endowment Fund, and that the interest thereon shall be made available as from the 1[st] of January 1914, for the persons who may hereafter be deemed entitled thereto under the provisions hereinafter appearing;
2
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# And Whereas it is just and equitable that the said sum of rupees seventy-seven thousand
eight hundred and fifty-six should be released from the trusts of the said trust deed and should also be made available for distribution amongst the persons so entitled;
And Whereas it is also expedient to provide for the future management and distribution of
the said share of rupees two hundred thousand and of the interest accrued due since, the 1[st] of January 1914, and hereafter accruing due for time to time in respect thereof and also for the distribution of any future surplus monies which may accrue to the said Sibtainabad Endowment Fund after providing for the up-keep and maintenance of the said Emambarra mosque and burial ground;
It is hereby enacted as follows:—
1. Short title.—This Act may be called the King of Oudh’s Estate Validation Act, 1917.
2. Validation of certain deeds.—Notwithstanding anything contained in any enactment
or any rule of law to the contrary, the three deeds of conveyance and the trust deed, copies of which are set out in the Schedule, and all acts and things done under the said deeds are, save as is hereinafter provided, validated and confirmed:
Provided that, with effect from the 1[st] of January 1914, the said trust deed shall be construed
as if no reference has been made therein to the share of rupees two hundred thousand of the said Government Promissory Note, and as if the sum of rupees thirteen thousand six hundred and thirty-four has been mentioned in the twelfth recital thereof instead of the sum of rupees sixteen thousand, and the sum of rupees four hundred thousand instead of the sum of rupees six hundred thousand, and with such further alterations and modifications as this construction may require.
3. Payment of Rs. 77,856 from the Fund.—The sum of rupees seventy-seven thousand
eight hundred and fifty-six shall be released from the trusts of the said trust deed, and shall be paid from the surplus monies of the said Sibtainabad Endowment Fund to such officer as the Governor General in Council may appoint, and shall be distributed in the manner hereinafter provided.
4. Distribution.—The sum referred to in section 3 and any further sums which the
Governor General in Council may at any time declare to be surplus monies of the Sibtainabad Endowment Fund as he is hereby empowered to do, and all sums payable in respect of interest on the said share of the said Government Promissory Note accrued due since the 1[st] of January 1914, or hereafter to accrue due from time to time in respect thereof, are hereby declared to be pensions, and the said share of the said note is hereby declared to be a grant of money within the meaning of the Pensions Act, 1871 (XXIII of 1871), and that Act shall apply to such sums as if they were pensions of the classes referred to in sections 4 and 11 of the said Act and to the said share as if it was a grant of the class referred to in section 4 of the said Act, subject, however, to the following modifications, namely: —
(i) any claim under section 5 of the said Act as applied shall be preferred to such officer as
the Local Government may authorize in this behalf;
3
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# (ii) the power of commutation conferred by section 10 of the said Act shall be exercisable
without the consent of the holder where the payment to be made is at a rate less than a rate of rupee one per month; and
(iii) the power to make rules conferred by sections 5 and 14 of the said Act shall extend to
a power to make rules prescribing the persons or classes of persons to whom, and the principles on which, all distributions under this Act shall be made.
_________
4
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# THE SCHEDULE.
______
Dated 23rd November, 1901.
H.C. EGGAR, ESQ.,
Agent under Act XIX of 1887
to
PRINCE KUMAR KADER MIRZA AND OTHERS.
CONVEYANCE.
H. C. EGGAR,
Solicitor to the Government of India.
________
FIVE RUPEES.
ADMISSIBLE UNDER RULE 41.
_Correctly stamped under the Indian Stamp Act,_
_Schedule I, No. 62._
Fee paid
Rs.
A. .10
G.A. .10
L. .10
----30
B.L.
CHANDRA,
_Registrar._
# THIS INDENTURE made the twenty-third day of November one thousand nine hundred and one
between Henry Cooper Eggar Solicitro to the Government of India and Agent under Act XIX of 1887 (hereinafter called the Agent) of the one part and Prince Kumar Kader Mirza Mahomed Abid Ali of Kidderpore the eldest surviving son of His Majesty the late Wajid Ali Shah King of Oudh and Prince Mirza Mahomed Jalall of 10 Shama Churn Dey’s Street Calcutta and Prince Mirza Dilwar Jah of Garden Reach both sons of the said Wajid Ali Shah King of Oudh of the other part WITNESSETH that by direction of the Governer General of India in Council and under the provisions of sub-section (1) of section I of Act XIX of 1887 of the Legislative Council of India (being an Act to provide for the due administration of the estate of the said Wajid Ali Shah king of Oudh) and the provisions of Act XIV of 1888 of the same Council the Agent doth hereby grant convey and assign unto the said princes Kumar Kader Mirza, Mirza Mahomed Jalall and Mirza Dilwar Jah their heirs executors administrators representatives and assigns without any warranty of title all that piece or parcel of land belonging to the estate of the said Wajid Ali Shah King of Oudh and Which has been used as a burial ground for the members of his family and is in the Schedule hereto more particularly described together with all building and walls and all way, paths, passages, trees, shrubs and underwoods, tanks, waters, watercourses, drains, rights, casenients, appondages and appurtenances thereto belonging and therewith usually held used occupied or enjoyed and all the estate right title and interest of the Agent of in and to the same premises to HAVE AND TO HOLD the said piece or parcel of land hereditaments and premises unto and to the used of the said Princes Kumar Kader Mirza, Mirza Mahomed Jalall and Mirza Dilwar Jah as joint tenants and not as tenants in common according to the nature and tenure thereof respectively and the Agent enters into no covenant for title.
5
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# The Schedule above referred to.
All that piece or parcel of land situate on the north side of Circular Garden Reach Road at Garden Reach
in the Registration District of the twenty-four Pergunnahs Sub-District of Alipore and Thana Sonai Bazar
Containing an area of 19 bighas 8 cottahs and 1 chittack or thereabouts and which is surrounded on all sides
by walls and is bounded as follows that is to say on the north by the premises of the North-West Soap
Company Limited on the east by the premises and land of Baboo Durga Prosonno Ghose on the South by
Circular Garden Reach Road and on the west by the premises of Prince Mirza Jam Jah Ali known as Futteh
Munzil or howsoever otherwise the said premises are or may be butted bounded called known or
distinguished.
IN WITHNESS whereof the said parties to these presents have hereunto set their respective hands and
seals the day and year first above written.
Signed sealed and
Seal.
delivered by the above- H. C. EGGAR.
named Henry Cooper
Eggar in the presence of
ERNEST H. COWIE,
_Solicitor, Calcutta._
I
247. 301.
Presented for Registration between the hours of 12 and 1p.m., on the 7[th] day of February 1902, at the
Calcutta Registry Office, by E. H. Cowie, of Calcutta, by occupation Solicitor, executant, as Attorney for
H. C. Eggar under a Power-of-attorney authenticated by the Registrar of Calcutta on the 13[th] July 1900 and
recorded as No. 193 for 1900.
ERNEST H. COWIE.
BEHARI LAL CHANDRA,
_Registrar._
_7-2-1902._
Execution was admitted by the aforesaid attorney under the power cited above who is personally known
to me.
ERNEST H. COWIE.
BEHARI LAL CHANDRA,
_Registrar._
_7-2-1902._
Registered in Book I.
Volume 25.
Pages 108 to 110.
Being No. 247.
For 1902.
6
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Fee paid
Rs.
A. .10
R. .0.8
G.A. .10
L. .10
----30.8
B.L.
CHANDRA,
_Registrar._
BEHARI LAL CHANDRA,
_Registrar, Calcutta._
_18-2-1902._
Dated 23rd November, 1901.
PRINCE KUMAR KADER MIRZA AND OTHERS
to
# PRINCES KUMAR KADER MIRZA AND OTHERS.
CONVEYANCE.
H. C. EGGAR,
_Solicitor to the Government of India._
____________
# FIVE RUPEES.
ADMISSIBLE UNDER RULE 41.
_Correctly stamped under the Indian Stamp Act,_
_Schedule I, No. 62._
THIS INDENTURE made the twenty-third day of November one thousand nine hundred and one
between Prince Kumar Kader Mirza Mahomed Abid Ali of Kidderpore in the Suburbs of Calcutta the eldest
surviving son of His Majesty that late Wajid Ali Shah King of Oudh and Prince Mirza Mahomed Jalall of
10 Shama Churn Dey’s Street Calcutta and Prince Mirza Dilwar Jah both sons of the said King of Oudh of
the one part and the said Princes Kumar Kader Mirza, Mirza Mahomed Jalall and Mirza Dilwar Jah and
Prince Mirza Mahomed Askari of Garden Reach in the Suburbs of Calcutta and Prince Mirza Ibrahim Ali
of Garden reach both sons of the said King of Oudh (hereinafter called the said Mutwallis or Trustees) of
the other part. WHEREAS by Indenture of conveyance dated the twenty-third day of November one
thousand nine hundred and one and made between Henry Cooper Eggar Solicitor to the Government of
India and Agent under Act XIX of 1887 (hereinafter referred to as the Agent) of the one part and the parties
hereto of the first part of the other part it was witnessed that by direction of the Governor General in Council
and under the provisions of sub-section (1) of section I of Act XIX of 1887 (being an Act to provide for the
due administration of the estate of the said Wajid Ali Shah King of Oudh) and the provisions of Act XIV
of 1888 of the same Council the Agent thereby granted conveyed and assigned unto the parties hereto of
the first part without warranty of title all that piece or parcel of land hereinafter more particularly described
and which formed part of the estate of the said Wajid Ali Shah King of Oudh to hold unto the parties hereto
of the first part as joint tenants and not as tenants in common. AND WHEREAS after the death of the said
Wajid Ali Shah King of Oudh the said piece or parcel of land was by the desire of the members of his
family used as a burial ground for members of the family and the same was conveyed by the Agent by the
7
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said Indenture of conveyance to the parties hereto of the first part as Trustees for and on behalf of the
members of the family as they do hereby admit and acknowledge.
# AND WHEREAS it is desired by the members of the said family that the said burial ground shall be
maintained and kept up in conjunction with the Sibtainabad Emambarra at Garden Reach belonging to the
said family and that the said burial ground should accordingly be conveyed by the parties hereto of the first
part to the said Mutwallis or Trustees to the intent that they shall stand possessed of the same upon the
trusts declared of and concerning the same in and by a Wakfnamah or deed of trust intended to be executed
by them of even date herewith.
# AND WHEREAS the parties hereto of the first part have accordingly agreed to convey the said burial
ground and the land whereon the same has been formed to the said Mutwallis or Trustees in manner
hereinafter appearing.
# NOW THIS INDENTURE WITHNESSETH that in pursuance of the said desire and in consideration of
the premises they the said parties hereto of the first part do hereby without warranty of title grant convey
and assign unto the said Mutwallis or Trustees their Successors and assigns all that piece or parcel of land
in the Schedule hereto more particularly described and forming and known as the Oudh Family burial
ground together with all buildings and walls and all ways, paths, passages, trees, underwoods, drains,
waters, water-courses, rights, easements and appurtenances thereto belonging or therewith usually held
used occupied or enjoyed and all the estate right title and interest of the parties hereto of the first part to
have and to hold the said piece or parcel of land hereditaments and permises unto and to the use of the said
Mutwallis or Trustees as joint tenants and not as tenants in common according to the nature and tenure
thereof respectively upon the trusts declared of and concerning the same in and by the Wakfnamah or deed
of trust intended to be executed by them of even date herewith. And the parties hereto of the first part enter
into no covenants for title.
_The Schedule above referred to._
All that piece or parcel of land situate at Garden Reach on the north side of the Circular Garden Reach
Road in the Registration District of the 24- Pergunnahs Sub-District of Alipore and Thana of Sonai Bazar
containing an area of 19 bigahs 8 cottahs and 1 chittack or thereabouts and surrounded on all sides by walls
and bounded on the north by the premises of the North-West Soap Company Limited, on the east by the
premises and land of Babu Durga Prosonno Ghose, on the south by Circular Garden Reach Road and on
the west by the premises of Prince Mirza Jam Jah Ali Known as Futteh Munzil or howsoever other wise
the said premises are or may be butted bounded called known or distinguished.
# IN WITHNESS whereof the said parties to these presents have hereunto set their respective hands and
seals the day and year first above written.
Signed sealed and KUMAR KADER
delivered by the MEERZA.
Seal.
above-named Prince
Kumar Kader Mirza in MOHMED ABID ALI.
the presence of—
# ERNEST H. COWIE,
_Solicitor, Calcutta._
8
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Signed sealed and
Seal.
delivered by the
above-named MIRZA MOHAMAD
Prince Mirza Mahomed JALAL.
Jalall in the presence
of –
ERNEST H. COWIE.
Signed sealed and
delivered by the
Seal.
above-named MIRZA DILAWAR
Prince Mirza JAH.
Dilwar Jah in the
presence of—
ERNEST H. COWIE.
P.66 280 301-8.
Presented for registration between the hours of 12 and 1 p.m., on the 7[th] day of February 1902, at the
Calcutta Registry Office, by Prince Kumar Kader Mirza Mohamed Abid Ali, son of His Majesty the late
Wajid Ali Shah, of Kidderpore, by occupation pensioner, executant.
KUMAR KADER MEERZA.
BEHARI LAL CHANDRA,
_Registrar._
_7-2-1902._
Execution was admitted by the aforesaid executant who was identified by Ernest H. Cowie of Calcutta,
by occupation Solicitor.
KUMAR KADER MEERZA.
ERNEST BEHARI LAL CHANDRA,
H. COWIE. _Registrar._
_7-2-1902._
Execution is this day admitted by Prince Mirza Mohamad Jalal, son of His Majesty the late Wajid Ali
Shah, of No. 10, Shama Churn Dey’s Street, Calcutta, pensioner, who is identified by Prasanna Kumar
Mookerjee, son of Gobind Chandra Mookerjee, of No. 5, Gokul Mitter’s Lane, Calcutta, Head Clerk,
Government Solicitor’s Office, Calcutta.
MIRZA MOHAMAD JALAL.
_8-2-1902._
BEHARI LAL CHANDRA,
_Registrar._
_8-2-1902_
9
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PROSONNO COOMAR MOOKERJEE,
_Head Clerk, Government Solicitor’s Office._
Execution is this day admitted by Prince Mirza Dilawar Jah, son of His late Majesty Wajid Ali Shah,
of Garden Reach, 24-Pergunnahs, pensioner, who is identified by Prasanna Kumar Mookerjee, son of
Gobindo Chandra Mookerjee, of No. 5, Gokul Mitter’s Lane, Calcutta, Head Clerk, Government Solicitor’s
Office, Calcutta.
MIRZA DILAWAR JAH.
_12-2-1902._
BEHARI LAL CHANDRA,
_Registrar._
_12-2-1902._
PROSONNO COOMAR MOOKERJEE,
_Head Clerk, Government Solicitors’ Office._
Registered—
In Book I.
Volume 17.
Pages 64 to 68.
Being No. 280.
For 1902.
The seal
of the
Registrar
of Calcutta
BEHARI LAL CHANDRA,
_Registrar, Calcutta._
_20-2-1902._
Dated 23rd November, 1901.
H.C. EGGAR, ESQ.,
Agent under Act XIX of 1887,
to
# PRINCE KUMAR KADER MIRZA AND OTHERS.
CONVEYANCE.
H.C. EGGAR,
_Solicitor to the Government of India._
___________
10
-----
Fee paid.
Rs.
A. . 10
G.A. . 10
L. . 10
R. . . . 1
----31
----
B.L.
CHANDRA,
_Registrar._
STAMP RS. 5.
# ADMISSIBLE UNDER RULE 41.
_Correctly stamped under the Indian Stamp Act,_
_Schedule I, No. 62._
THIS INDENTURE made the twenty-third day of November one thousand nine hundred
and one between Henry Cooper Eggar of Calcutta Solicitor to the Government of India
and Agent under Act XIX of 1887 (hereinafter called the Agent) of the one part and Prince
Kumar Kader Mirza Mahomed Abid Ali of Kidderpore the eldest surviving son of His Majesty the late
Wajid Ali Shah King of Oudh and Prince Mirza Mahomed Jalal of 10 Shama Churn Dey’s Street Prince
Dilwar Jah of Garden Reach in the Suburbs of Calcutta Prince Mirza Mahomed Askari of Garden Reach
and Prince Mirza Ibrahim Ali of Garden Reach all sons of the said late King of Oudh of the other part.
WHEREAS His Majesty the said Wajid Ali Shah King of Oudh in his life-time built and established upon
the plot of land hereinafter described an Emambarra or place of worship called and known as sibtainabad
Emambarra a description whereof is firstly contained in the Schedule hereto and although so far as is known
no deed of wakf concerning the said Emambarra or building was ever executed or any specific dedication
of the said Emambarra or building as wakf property was ever made by the said Wajid Ali Shah King of
Oudh during his life-time the said Wajid Ali Shah King of Oudh caused the said Emambarra of building to
be used as a place of public worship for Shiah Mahomedans up to the date of his death next hereinafter
recited AND WHEREAS the said Wajid Ali Shah King of Oudh died at Garden Reach in the Suburbs of
Calcutta on or about the twenty-first day of September one thousand eight hundred and eighty-seven and
was upon his death interred in the said Emambarra in accordance with his dying request and both before
and after his death certain members of his family were buried therein. AND WHEREAS by Act XIV of 1888
of the Legislative Council of India after reciting Act XIX of 1887 of the same Council (being an Act to
provide for the administration by the Governor General in Council of the Estate of the said Wajid Ali Shah
King of Oudh) it was enacted that subject to the Control of the Governor General in Council the person for
the time being holding the office of Agent to the Governor General in Council for the affairs of the late
King of Oudh and for the purposes of Act XIX of 1887 might in his own name and in his name of office
dispose of any moveable or immoveable property of the said Wajid Ali Shah in as full and effectual a
manner as His Majesty could have disposed of it in his life-time AND WHEREAS since the death of the said
Wajid Ali Shah King of Oudh the said Emambarra has by the desire of the members of the late King’s
family continued to be used as a place of public worship and kept up out of the funds of the late King’s
Estate AND WHEREAS by the desire of the members of the King’s family the small mosque or building
and piece or parcel of land with its approach way secondly in the schedule hereto described was after the
King’s death reserved from the sale of the properties belonging to his estate and set apart and demarcated
to the intent that the same might be used as a place of worship by Shiah Mahomedans and be kept up and
managed in conjunction with and as an appendage to the said Sibtainabad Emambarra. AND WHEREAS it
is desired by the members of the said family that the said Emambarra and mosque should remain and be
places of public worship and be a wakf according to Mahomedan Law under the charge of the parties of
the second part. AND WHEREAS the parties of the second part have intimated their intention to execute a
wakfnamah or a Declaration of Trust of even date with these presents in order to carry out the wishes of the
late King and the members of the family. Now THIS INDENTURE WITNESSETH that the Agent doth hereby
by the direction of the Governor General in Council grant convey and assign unto the said Princes Kumar
Kader Mirza, Mirza Mahomed Jalall, Mirza Dilwar Jah, Mirza Mahomed Askari and Mirza Ibrahim Ali the
parties of the second part their heirs executors administrators representatives and assigns without any
warranty of title firstly all that building or Emambarra together with the piece or parcel of land on part
whereof the same is erected and built the Schedule hereto firstly more particularly described and which is
11
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called or known as the Sibtainabad Emambarra and secondly all that small building or mosque together
with the piece or parcel of land on which the same is erected and built and the approach way thereto in the
said Schedule hereto secondly more particularly described together with all out-buildings and out-offices
and all ways, paths, passages, railings, tanks, waters, water-courses, drains, rights, easements and
appurtenances to the said premises respectively belonging or in anywise appertaining or therewith held used
or enjoyed and all the estate right title and interest of the Agent and of the estate of the said Wajid Ali Shah
King of Oudh into and upon the premises TO HAVE AND TO HOLD the said Emambarra and mosque pieces
or parcels of land and other the hereditaments and premises hereinbefore expressed to be hereby assured
with the appurtenances unto and to the use of the said parties of the second part their executors
administrators and assigns and assigns as joint tenants and not as tenants in common upon the trust declared
of and concerning the same in and by the Wakfnamah or declaration of trust hereinbefore referred to and
intended to be executed by them of even date with these presents. And the Agent enters into no covenants
for title.
________
_The Schedule above referred to._
# PART I.
All the Emambarra or building together with the piece or parcel of land on which the same is erected
and built situate and being at Garden Reach on the south side of the Garden Reach in the Registration
District of the 24-Pergunnahs Sub-district of Alipore and Thana of Sonai Bazar containing an area of 1
bigha 9 cottahs 7 chittacks or thereabouts and bound on the north by Garden Reach Road on the south by
land belonging to the Bhookoilas Raj estate on the east partly by the premises of the late Nawab Yadyar
Mehal Sahiba and partly by a piece of land belonging to the Estate of the late Prince Mirza Mahomed Jogee
Bahadur and on the west by an old building said to be the property of one Rais Hyder and formerly known
as the house of the late Zulfikurud-Dowlah.
# PART II.
All that small mosque or building together with the piece or parcel of land whereon the same is erected
and built situate within the ground of the premises known as the Shah Munzil belonging to the estate of the
late Prince Sir Jehan Kader Mirza at Garden Reach in the Registration District, Sub-district and Thana
aforesaid and bounded on the north by the Court-yard of the Sahah Munzil, on the south partly by the
private road leading from the Shah Munzil to the Sultan Bazar Road and partly by a tank, on the east by
Iron Gates belonging to the Shah Munzil and on the west partly by the approach way leading to the mosque
from the road leading from Garden Reach Road down to the river and partly by the Shah Munzil premises
together with the last mentioned approach way or passage passing through an opening in the wall of the
Shah Munzil premises and leading on to the road running from Garden Reach Road to the river the length
of such way from the mosque being 72 feet.
IN WITNESS whereof the said parties to these presents have hereunto set their respective hands and
seals the day and year first above written.
Signed sealed and
delivered by the
Seal.
above-named H. C. EGGAR.
Henry Cooper Eggar
12
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in the presence of
ERNEST H. COWIE.
_Solicitor, Calcutta._
I 248 311
Presented for registration between the hours of 12 and 1 P.M., on the 7th day of February 1902, at the
Calcutta Registry office, by E.H. Cowie, of Calcutta, by occupation Solicitor, executant, as Attorney for
H.C. Eggar under a Power-of attorney authenticated by the Registrar of Calcutta on the 13th July 1900 and
recorded as No. 193 for 1900.
ERNEST H. COWIE.
BEHARI LAL CHANDRA,
_Registrar._
_7-2-1902._
Execution was admitted by the aforesaid attorney under the power cited above who is personally known
to me.
ERNEST H. COWIE.
BEHARI LAL CHANDRA,
_Registrar._
_7-2-1902._
Registered in Book I.
Volume II.
Pages 131 to 136.
Being No. 248.
For 1902.
The Seal
of the
Registrar
of
Calcutta.
BEHARI LAL CHANDRA,
_Registrar, Calcutta._
_17-2-1902._
________
13
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Dated 23rd November, 1901.
# PRINCE KUMAR KADER MIRZA ABID ALI BAHADUR
PRINCE MIRZA MAHOMED JALALL
PRINCE DILWAR JAH MIRZA
PRINCE MIRZA MAHOMED ASKARI
AND
# PRINCE IBRAHIM ALI.
DECLARATION OF TRUST.
H. C. EGGAR,
_Solicitor to the Government of India._
STAMP RS. 15.
# ADMISSIBLE UNDER RULE 41.
_Correctly stamped under the Indian Stamp Act,_
_Schedule 1, No. 64._
TO ALL TO WHOM the presents shall come. We PRINCE KUMAR
Fee paid
Rs.
F. . 1
G.A. . 1
L. .10
R. . 4
----16
B.L.
CHANDRA,
_Registrar._
KADER MIRZA ABID ALI BAHADUR of Kidderpore in the Suburbs of Calcutta the eldest surviving son
of His Majesty the late Wajid Ali Shah King of Oudh and PRINCE MIRZA MAHOMED JALALL of
Shama Churn Dey’s Street Calcutta PRINCE DILWAR JAH MIRZA of Garden Reach in the Suburbs of
Calcutta PRINCE MIRZA MAHOMED ASKARI of Garden Reach and PRINCE IBRAHIM ALI of
Garden Reach all sons of the said late King of Oudh.
# SEND GREETING.
1. WHEREAS His Majesty the said Wajid Ali Shah King of Oudh in his life-time built and established
at Garden Reach in the Suburbs of Calcutta and Emambarra or place of worship called the Sibtainabad
Emambarra (a description whereof is contained in Part I of the First Schedule hereto) and although so far
as is known no Wakfnamah or deed of trust concerning the said Emambarra was ever executed or any
specific dedication of the said Emambarra as wakf property was ever made by the said King during his lifetime the said King caused the said Emambarra to be used as a place of public worship for Shiah
Mahomedans up to the date of his death hereinafter recited and the said King was upon his death interred
in the said Emambarra in accordance with his dying request and both before and after his death certain
members of his family were interred therein.
2. AND WHEREAS the said Wajid Ali Shah King of Oudh died at Garden Reach aforesaid on or about
the twenty-first day of September one thousand eight hundred and eighty-seven, being at the date of his
death possessed (inter alia) of the said Emambarra and the land on which the same stands but having made
no specific provision for the maintenance and up-keep of the said Emambarra after his death.
14
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3. AND WHEREAS by Act XIX of 1887 of the Legislative Council of India it was provided that the
Governor General in Council of India should have the exclusive authority to act in the administration
of the property of whatever nature left by His late Majesty in regard to the settlement and satisfaction of
claims against the estate of His late Majesty and might make disposition of the remaining property or the
proceeds thereof in such manner as he deemed fit amongst the family and dependants of the late King.
4. AND WHEREAS by Act XIV of 1888 of the same Council after reciting Act XIX of 1887 it was
enacted that subject to the Control of the Governor General of India in Council, the person for the time
being holding the office of the Agent to the Governor General in Council for the affairs of the late King of
Oudh and for the purposes of Act XIX of 1887 might in his own name and by his name of office dispose
of any moveable or immoveable property of His late Majesty in as full and effectual a manner as His
Majesty could have disposed of it in his lifetime.
5. AND WHEREAS since the death of the said Wajid Ali Shah King of Oudh the said Emambarra has
by the desire of the members of his family continued to be used as a place of public worship and has been
kept up and maintained out of the funds of the late King’s estate.
6. AND WHEREAS by desire of the members of the late King’s family the small mosque or building
and piece or parcel of land with its approach way in Part II of the first Schedule hereto described was after
the King’s death reserved from the sale of the properties belonging to his estate and set apart and
demarcated to the intent that the same might be used as a place of worship by Shiah Mahomedans and be
kept up and managed in conjunction with and as an appendage to the said Sibtainabad Emambarra.
7. AND WHEREAS after the death of the late King in as much as the space for interments at the said
Sibtainabad Emambarra was found to be limited it become necessary for the members of the King’s family
to establish a private burial ground in which the said interments might take place and which might be
managed with the said Sibtainabad Emambara.
8. AND WHEREAS in accordance with the wish of the surviving members of the King’s family as
expressed by Princes Kumar Kader Mirza and Sir Jehan Kader Mirza since deceased, Prince Mirza
Mahomed Jogee (since deceased) and the said Prince Mirza Mahomed Jalall the leading members of the
family and the first members of the Committee appointed temporarily by the Governor General in Council
to manage the said Sibtainabad Emambara the piece or parcel of land and premises in Part III of the first
Schedule hereto more particularly described was reserved from the sale of the late King’s properties in
order that a burial ground might be established therein and a burial ground was formed out of the said piece
or parcel of land and several members of the late King’s family have been interred therein.
9. AND WHEREAS by an Indenture of Conveyance dated that twenty-third day of November one
thousand nine hundred and one the said piece or parcel of land forming the said burial ground was by the
direction of the Governor General in Council conveyed by Henry Cooper Eggar Esquire Solicitor to the
Government of India and Agent to the Governor General in Council for the affairs of the late King of Oudh
and for the purposes of Act XIX of 1887 to us Princes Kumar Kader Mirza Muhammad Jalall and Prince
Dilwar Jah without warranty of title to hold unto us our executors administrators and assigns as joint tenants
and not as tenants in common it being intended that we should subsequently convey the said premises to
Mutwallis or Trustees to be appointed by the Government of India to manage the said Emambarra and
burial ground.
10. AND WHEREAS the affairs of the said King’s estate are about to be wound up finally and it is
necessary to make permanent provision for the endowment of the said Emambarra and mosque and burial
15
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ground and the up-keep and maintenance thereof on a reasonable and proper footing consistent with the
status of the family and having regard to the fact that the said Emambarra contains the tomb of His late
Majesty and that other members of his family are interred therein.
11. AND WHEREAS the Governor General in Council has decided with the consent and approbation of
the family of the late King that a sum shall be set aside out of the assets of the late King’s estate to purchase
Government securities sufficient with rupees two hundred thousand the share belonging to the estate of the
late King of Oudh of and in Government Promissory Note No. 018878 for rupees five hundred thousand
standing in the name of malkai Kissore and deposited in the Lucknow Treasury to provide the annual
income required for the up-keep of the said Emambarra mosque and burial ground and to form an
endowment for the said Emambarra mosque and burial ground out of which repairs and extra expenses not
met out of the usual yearly budget of expenditure may be met and satisfied and that the management of the
said Emambarra mosque and burial ground shall be entrusted to a body of mutwallis or Trustees who shall
form the managing committee subject to the supervision and control of the Superintendent of Political
Pensions or such other officer as the Government of India may from time
to time appoint and subject to the observance of certain rules and regulations prescribed by the Governor
General in Council and set fourth in the second and third Schedules hereto.
12. AND WHEREAS the Governor General in Council has decided that the sum of rupees sixteen
thousand per annum is an ample provision for the proper up-keep and maintenance of the said Emambarra
mosque and burial ground and that a sum of rupees six hundred thousand in all is sufficient to set aside to
provide such yearly sum and form the Endowment Fund and the Government securities of the parvalue of
rupees four hundred thousand of which the particulars are given in Part I of the fourth Schedule hereto have
been purchased and set apart out of the assets of the estate of the late King and endorsed to and placed with
the Comptroller General to form with the said share of Government Promissory Note No. 018878 for rupees
five hundred thousand the fund for the endowment of the said Emambarra mosque and burial ground the
interest on such Government securities and on the said share of Government Promissory Note No. 018878
for rupees five hundred thousand which will be drawn by the Comptroller General from he Lucknow
Treasury to be applied in paying to the Mutwallis or Trustees to be appointment by these presents the sum
of rupees sixteen thousand for the up-keep and maintenance of the said Emambarra mosque and burial
ground or such less sum as may in the discretion of the Superintendent of Political Pensions be found
necessary and which they are to apply in accordance with the terms of these presents and the balance of
such interest to be credited to the endowment fund.
13. AND WHEREAS it is possible that further sums or securities may hereafter be added to the said
fund by order of the Governor General in Council and it is intended that any such sums or securities shall
after publication of an order to that effect in the Gazette of India be dealt with as if they had formed part of
the original endowment above recited.
14. AND WHEREAS we the said Princes Kumar Kader Mirza, Mirza Mahomed Jalall, Mirza Dilwar
Jah, Mirza Mahomed Askari and Ibrahim Ali have been nominated and appointed by the Governor General
in Council to be the first Mutwallis or Trustees and members of the Managing Committee of the said
Emambarra mosque and burial ground and by Indenture of even date herewith the said Emambarra and the
land on which it stands (which are more particularly described in Part I of the first Schedule hereto) and the
said mosque and the land on which it stands it stands and the approach way (which are more particularly
described in Part II of the first Schedule hereto) have been conveyed and assured by the said Henry Cooper
Eggar Esq. Solicitor to the Government of India and Agent to the Governor General in Council for the
affairs of the late King of Oudh and for the purposes of Act XIX of 1887 to us the said Princes Kumar
16
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Kader Mirza, Mirza Mahomed Jalall, Mirza Dilwar Jah, Mirza Mahomed Askari and Ibrahim Ali without
warranty of title to be held by us as joint tenants and not as tenants in common and by another Indenture of
Conveyance of even date herewith the said burial ground and premises described in Part III of the said first
Schedule hereto have been conveyed by us the said Princes Kumar Kader Mirza, Mirza Mahomed Jalall
and Dilwar Jah to us the said Princes Kumar Kader Mirza, Mirza Mahomed Jalall, Mirza Dilawar Jah,
Mirza Mahomed Askari and Ibrahim Ali without warranty of title to be held upon the trusts declared of and
concerning the same by an Indenture of Wakfnamah or deed of trust of even date therewith being these
presents. Now these presents witness that we the said Princes Kumar Kader Mirza, Mirza Mahomed Jalall,
Mirza Dilwar Jah, Mirza Mahomed Askari and Ibrahim Ali do hereby declare that we and our successors
in the office of Mutwallis or Trustees will henceforth stand possessed of the said Emambarra mosque and
burial ground and the appurtenances thereto respectively belonging and of the income and interest from the
said Endowment fund that may come into our hands and of all other moneys that may come into our hands
as Mutwallis or Trustees of the said Emambarra and burial Ground upon the trusts hereinafter declared and
contained of and concerning the same respectively that is to say upon trust that the said Emambarra and
mosque with the appurtenances shall remain and be wakf property in the hands of us the said Mutwallis
and our successors in that office according to Shiah Mahomedan Law and that we and our successor shall
permit the same to be used as places of public worship for Shiah Mahomedans and will conduct and manage
the affairs thereof in accordance with the rules and regulations set forth in the second Schedule hereto and
under the supervision of the Superintendent of Political Pensions or such other officer of Government as
the Governor General in Council may from time to time appoint in that behalf and upon trust that the said
burial ground shall remain and be wakf property in the hands of us the said Mutwallis and our successors
in that office according to Shiah Mahomedan Law and shall be used as a place of interment for members
of the late King’s family and their descendants in accordance with the rules and regulations set forth in the
third Schedule hereto and under the supervision of the said Superintendent of Political Pensions or other
officer as aforesaid and as regards the income and interest of the said Endowment Fund and all other moneys
that may come to our hands as Mutwallis or Trustees of the said Emambarra mosque and burial ground
upon trust to apply the same in the due and proper up-keep and maintenance of the said Emambarra mosque
and burial ground and the performance and observance of the Mohurrum and other necessary and proper
ceremonies or observances at the said Emambarra in the same manner as far as may be and circumstances
will permit as the said Emambarra mosque and burial ground have been kept up and maintained and the
said Mohurrum and other ceremonies and observances have been performed and observed under the
supervision and direction of the Governor General in Council since the death of the said Wajid Ali Shah
King of Oudh and that the scale of expenditure shall be regulated as far as may be and circumstances may
permit by the scale set forth in Part II of the fourth Schedule hereto and upon which scale the said sum of
rupees sixteen thousand per annum has been arrived at as the proper amount to be expended in the up-keep
and carrying on of the said Emambarra Mosque and burial ground and we do hereby declare and agree that
the provisions of the Mahomedan Law as to the appointment and removal of Mutwallis for reasons admitted
of recognised by that Law shall be expressly applicable to the said Emambarra mosque and burial ground
the right of removing any Mutwallis and appointing new Mutwallis in place of those dying or removed
being vested in the Governor General of India in Council and that we and our successors in the office of
Mutwallis shall abide by the rules and regulations contained in the said second and third Schedules hereto
and that we will keep and render to the Superintendent of Political Pensions or to any other officer
nominated by the Governor General in Council true and proper accounts of all sums of money that may
pass through our hands.
17
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_______
_The first Schedule above referred to._
# PART I.
All that Emambarra or building together with the piece or parcel of land on which the same is erected
and build situate and being at Garden Reach on the south side of the Garden Reach Road in the Registration
District of the 24-Pergunnahs Sub-district of Alipore and Thanna of Sonai Bazar Containing an area of 1
bigah 9 cottahs 7 chittacks or thereabouts and bounded on the north by Garden Reach Road on the south by
land belonging to the bhookoilash Raj Estate on the east partly by the premises of the late Nawab Yadyar
Mehal Sahiba and partly by a piece of land belonging to the Estate of the late Prince Mirza Mahomed Jogee
Bahadur and on the west by an old building said to be the property of one Rais Hyder and formerly known
as the house of the late Zulfikur-ud-Dowlah.
# PART II.
All that small mosque or building together with the piece or parcel of land whereon the same is erected
and built situate within the grounds of the premises known as the Shah Munzil belonging to the Estate of
the late Prince Sir Jehan Kader Mirza at Garden Reach in the Registration District Sub-district and Thana
aforesaid and bounded on the north by the court yard of the Shah Munzil on the south partly by the private
road leading from the Shah Munzil to the Sulatan Bazar Road and partly by a tank on the east by Iron Gates
belonging to the Shah Munzil and on the west partly by the approach way leading to the mosque from the
road leading from Garden Reach Road down to the river and partly by the Shah Munzil premises together
with the last mentioned approach way or passage passing through an opening in the wall of the Shah Munzil
premises and leading on to the road running from Garden Reach Road to the river the length of such way
from the mosque being 72 feet.
PART III.
All that piece or parcel of land situate on the north side of Circular Garden Reach Road at Garden Reach
in the Registration District of the 24 Pergunnahs sub-district of Alipore and Thannah Sonai Bazar
containing an area of 19 bighas 8 cottahs and one chittack or thereabouts and which is surrounded on all
sides by walls and is bounded as follows that is to say on the north by the premises of the North-West Soap
Company Limited on the east by the premises and land of Babu Durga Prosonno Ghose on the south by
Circular Garden Reach Road and on the west by the premises of Prince Mirza Jam Jah Ali known as Futteh
Munzil or howsoever otherwise the said premises are or may be butted bounded called known or
distinguished.
_________
_The second Schedule above referred to._
# RULES FOR THE GUIDANCE OF THE TRUSTEES OR MUTWALLIS.
1. Interest on the Government Promissory Notes for the time being representing the Endowment Funds
(including the share of the Note No. 018878 for Ɍ 5,00,000 in the Lucknow Treasury) shall be drawn as the
same accrues due by the Accountant General Bengal who shall credit the same to the “Sibtainabad
Emambarra Endowment Fund” for which a personal ledger account will be opened in the Bank of Bengal
18
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in favour of the Superintendent of Political Pensions the account being charged with the amounts drawn by
the Superintendent on cheques upon the bank.
2. The Trustees shall every year draw up a budget estimate of the expenditure required for the
maintenance of the Emambara and burial ground which shall be submitted for the sanction of the
Superintendent of Political Pensions.
3. The Trustees shall appoint a Manager subject to the sanction of the Superintendent of Political
Pensions who shall be empowered to submit requisition for ordinary and recurring expenditure to the
Superintendent of Political Pensions. If such bills are within the sanctioned estimates cheques shall be
drawn by the Superintendent of Political Pensions for the amount. Other bills shall be paid on the requisition
of the Trustees in meeting if the Superintendent shall approve of the expenditure proposed.
4. The Manager of the Emambarra shall also be in charge of the burial ground and the small mosque
above referred to.
5. The Manager may appoint and dismiss the servants of the Emambarra and burial ground subject to
the approval of the Trustees and the Superintendent of political Pensions. The Trustees may remove the
Manager in case of misconduct subject to the Superintendent’s sanction.
6. Regular accounts of expenditure shall be prepared by the Manager once a month and shall be
submitted through the Trustees to the Superintendent of Political Pensions for his inspection.
7. The Manager should perform all religious ceremonies under the instructions of the Trustees. If there
should be a difference of opinion among the several Trustees the matter shall be decided by the majority.
The minority may however appeal to the Superintendent against any decision of the majority and until such
an appeal has been decided by the Superintendent he can suspend any action by a majority of the Trustees
which a minority of them have appealed against. When an even number of Trustees is present and they are
equally divided upon any point they should appeal to the Superintendent to decide on the matter in dispute.
8. The right of removing any Trustees on their conducting the affairs of the Emambarra in opposition
to the object of this Trust or on their violating any rules which may be in force at the time and of appointing
new Trustee in the place of those dying or removed shall be vested in the Superintendent of Political
Pensions subject to the approval of the Government of Bengal.
9. The Trustees shall hold meetings once a month. The proceedings of each meeting shall be submitted
to the Superintendent of Political Pensions.
10. The details of expenditure for the proper up-keep of the Emambarra and the mosque shall be settled
by the Trustees with the sanction of the Superintendent of Political Pensions subject to the approval of the
Government of Bengal.
11. The rules shall be liable to revision from time to time on the recommendation of the Trustees and
subject to the approval of the Superintendent of Political Pensions and the Government of Bengal.
12. A list of the Emambarra moveable shall be made by the Manager every year and submitted through
the Trustees to the Superintendent of Political Pensions.
________
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_The third Schedule above referred to._
RULES FOR THE MANAGEMENT OF THE BURIAL GROUND.
1. The following is a list of the members of the Oudh family who shall have the right to be interred in
the burial ground: —
(1) The sons of the late King.
(2) Daughters of the late King.
(3) The grand and great grandchildren of the late King.
(4) The Motahi wives of the late King who had recognised issue by His Majesty.
(5) The Nikah wives of the sons of the late King.
(6) The two daughters of the late Prince Sir Jehan Kader and their children.
2. No. interment shall be made except in accordance with the above rules and with the sanction of the
Trustees.
3. The minimum depth of a grave shall be eight feet.
4. The grave shall be filled in with earth and bricked over cement being put over the bricks and marble
slabs over the cement.
5. The burial ground shall be kept as clean as possible and the Superintendent of Political Pensions may
cause it to be inspected from time to time by a Mahomedan gentleman to be selected by the Trustees.
6. The details of expenditure for the maintenance of the burial ground shall be settled by the Trustees
and the necessary funds shall be drawn by the Manager in the same way as in the case of the Emambarra.
________
20
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_The fourth Schedule above referred to._
# PART I.
Stock certificate standing in the name of the Comptroller-General on account of the Sibtainabad
Emambarra Endowment Fund of the 3⅟2 per cent. loan of 1865 for R 4,00,000.
# PART II.
Scale of estimated annual expenditure on the Emambarra and burial ground—
R
Pay of establishment at Emambarra
and burial ground . . 4,848
Pensions to retired servants . . 74
Lighting charges . . . 228
Petty expenses such as cost of stationery and Manager’s gharry
hire on duty
72
Repairs of the Emambarra . . 5,965
Religious ceremonies . . . 3,616
Allowance to Syed Saleh at Karbela 720
Contingencies including allowances to
clerical staff of the office of
Superintendent of Political
Pensions . . . .
477
# TOTAL . Rs. 16,000
IN WITNESS whereof the said Prince Kumar Kader Mirza Abid Ali Bahadur, Prince Mirza Mahomed
Jalall, Prince Dilwar Jah Mirza, Prince Mirza Mahomed Askari and Prince Ibrahim Ali have hereunto set
their respective hands and seals this twenty-third day of November one thousand nine hundred and one.
Signed sealed and
delivered by the above
Seal.
21
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named Prince Kumar KUMAR KADER MEERZA
Kader Mirza Abid Ali MOHMED ABID ALI.
Bahadur in the
presence of—
ERNEST H. COWIE,
_Solicitor, Calcutta._
Signed sealed and MIRZA MOHA
delivered by the ab- MED JALAL.
Seal.
ove-named Prince
Mirza Mahomed
Jalall in the presence of –
ERNEST H. COWIE.
Signed sealed and de
livered by the ab- MIRZA DILWAR
Seal.
ove-named Prince JAH.
Dilwar Jah Mirza
in the presence of –
ERNEST H. COWIE.
Signed sealed and de
livered by the above- M.M ASKARI.
named Prince Mirza Seal.
Mahomed Askari in
the presence of—
ERNEST H. COWIE.
Signed sealed and de- IBRAHIM ALI
livered by the above- MEERZA.
Seal.
named Prince Ibrahim
Ali in the presence of –
ERNEST H. COWIE.
P.67 281 16
Presented for Registration between the hours of 12 and 1 p.m., on the 7[th] day of February 1902, at the
Calcutta Registry Office, by Prince Kumar Kader Mirza Mahomed Abid Ali, son of His Majesty the late
Wajid Ali Shah, of Kidderpore, by occupation pensioner, executant.
KUMAR KADER MEERZA.
22
-----
BEHARI LAL CHANDRA.
_Registrar._
_7-2-1902._
Execution was admitted by the aforesaid executant who was identified by E.H. Cowie, of Calcutta, by
occupation Solicitor.
KUMAR KADER MEERZA.
BEHARI LAL CHANDRA,
_Registrar._
_7-2-1902._
ERNEST H. COWIE.
Execution was also admitted by Prince M.M. Askari, son of His Majesty the late Wajid Ali Shah, of
Garden Reach, Pensioner, who was Identified by M. Abbott of Calcutta, Solicitor.
M.M. ASKARI .
M. ABBOTT.
BEHARI LAL CHANDRA,
_Registrar._
_7-2-1902._
Execution is this day admitted by Price Mirza Mahomed Jalal, son of His Majesty the late Wajid Ali
Shah of No. 10, Shama Charan Dey’s Street, Calcutta, Pensioner, who is identified by Prasanna Coomar
Mookerjee, son of Govind Chandra Mookerjee, of No. 5, Gokul Mitter’s Lane, Calcutta, Head Clerk,
Government Solicitor’s Office, Calcutta.
MIRZA MOHAMAD JALAL.
_8-2-1902._
BEHARI LAL CHANDRA,
_Registrar._
_8-2-1902._
PROSONNO COOMAR MOOKERJEE,
_Head Clerk,_ _Government Solicitor’s Office._
Execution is this day admitted by Prince Mirza Dilawar Jah and Prince Ibrahim Ali Mirza, sons of His
late Majesty Wajid Ali Shah, both of Garden Reach, 24-Pergunnahs, pensioners, who are identified by
Prasanna Coomar Mookerjee, son of Govind Chandra Mookerjee of No. 5, Gokul Mitter’s Lane, Calcutta,
Head Clerk, Government Solicitor’s Office, Calcutta.
MIRZA DILAWAR JAH.
_12-2-1902._
IBRAHIM ALI MEERZA.
_12-2-1902._
BEHARI LAL CHANDRA.
_Registrar._
_12-2-1902._
23
-----
PROSONNO COOMAR MOOKERJEE,
_Head Clerk, Government Solicitor’s Office._
Registered—
In Book I.
Volume II.
Pages 157 to 174.
Being No. 281.
For 1902.
BEHARI LAL CHANDRA,
_Registrar, Calcutta._
_22-2-1902._
24
-----
|
19-Sep-1917 | 18 | The Post Office Cash Certificates Act, 1917 | https://www.indiacode.nic.in/bitstream/123456789/2361/1/a1917-18.pdf | central | # THE POST OFFICE CASH CERTIFICATES ACT, 1917
______________
ARRANGEMENT OF SECTIONS
_____________
SECTIONS
1. Short title.
2. Prohibition of transfer of Post Office 5-year Cash Certificates without the consent of an
authorised officer.
3. Payment on death of holder of Post Office 5-year Cash Certificate.
1
-----
# THE POST OFFICE CASH CERTIFICATES ACT, 1917
ACT NO. 18 OF 1917[1]
[19th September, 1917.]
# An Act to restrict the transfer of Post Office 5-year Cash Certificates and to provide for
the payment of Certificates standing in the name of deceased persons.
WHEREAS it is expedient to restrict the transfer of Post Office 5-year Cash Certificates and to provide
for the payment of certificates standing in the name of deceased persons; It is hereby enacted as
follows:—
**1. Short title.—This Act may be called the Post Office Cash Certificates Act, 1917.**
**2. Prohibition of transfer of Post Office 5-year Cash Certificates without the consent**
**of an authorised officer.—(1) Notwithstanding any provision in any enactment or any rule of**
law for the time being in force to the contrary, no transfer (whether made before or after the
commencement of this Act) of a Post Office 5-year Cash Certificate shall be valid without the
previous consent in writing of [2][an officer of the Post Office authorised by general or special
order of the Central Government in that behalf].
(2) In this section “transfer” means a transfer infer vivos and does not include a transfer by operation
of law.
**3. Payment on death of holder of Post Office 5-year Cash Certificate.—(1)** If a person dies
and is at the time of his death the holder of a Post Office 5-year Cash Certificate, payment of the
sum for the time being due on such certificate may be made in the manner provided in the
Government Savings Banks Act, 1873 (5 of 1873), for the payment of deposits belonging to the
estates of deceased persons, and the provisions of sections 4 to 9 of the said Act shall apply
accordingly as if the holder of such certificate were a depositor in a Government Savings Bank
and the sum for the time being due on such certificate were a deposit in such a Bank [3][and as if
for the words “three thousand” in [4][section 8] of the said Act the words “five thousand” were
substituted]:
Provided that the powers conferred by the said provisions on the Secretary of a Government
Savings Bank shall be exercisable by the Post Master General for the area within which the post
office of issue of such certificate is situate [5][or if that area is in Pakistan, by the Post Master
General for such area in India as the Central Government may by general or special order specify
in this behalf]:
1. This Act has been extended to Bern by the Berar Laws Act, 1941.(4 of 1941) and has been declared to be in force
in the Khondmals District by the Khondmals Laws Regulation. 1936 (4 of 1936), s. 3 and Sch,; and in the Angul
District by the Angul Laws Regulation. 1936 (5 of 1936), s. 3 and Sch. It has also been applied to Porahat Estate
in the district•of Singhbhum by the Porahat Estate Laws Regulation, 1945 (Bihar Reg. 1 of 1945).
This Act has been extended with effect from 1-9-1962 to the Union territory of Goa, Daman and Diu, _vide_
Notification No. S.O. 2734, dated 1-9-1962, see Gazette of India. Extraordinary. Pt. II. s. 3(ii), p. 1991.
It has been extended and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I and
comes into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963. s. 3 and Sch. I.
2. Subs. by Act 32 of 1920, s. 2, for certain words.
3. Ins. by s. 3, ibid.
4. Subs. by Act 2 of 1943, s. 3, for “sections 4 and 8”.
5. Ins. by the A.O. 1948.
2
-----
Provided further that, where in any one case payment is to be made of certificates issued
from more post offices than one, the said powers shall be exercisable by the Post Master General
for the area in which any of the said post offices is situate.
(2) Nothing in sub-section (1) shall be deemed to require any person to accept payment of
the amount due on a Post Office 5-year Cash Certificate before the same has reached maturity.
________
3
-----
|
22-Mar-1918 | 10 | The Usurious Loans Act, 1918 | https://www.indiacode.nic.in/bitstream/123456789/2362/1/A1918-10.pdf | central | # THE USURIOUS LOANS ACT, 1918
**(Modified as on 3rd December 2018)**
_________
# ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title and extent.
2. Definitions.
3. Re-opening of transactions.
4. Insolvency proceedings.
1
-----
# THE USURIOUS LOANS ACT, 1918
ACT NO. 10 OF 1918[1]
[22nd _March, 1918.]_
# An Act to give additional powers to Courts to deal in certain cases with usurious loans of money
or in kind.
WHEREAS it is expedient to give additional powers to Courts to deal in certain cases with usurious
loans of money or in kind; It is hereby enacted as follows:—
**1. Short title and extent.—(1) This Act may be called Usurious Loans Act, 1918.**
(2) It extends to the whole of India except [2] [the territories which, immediately before the 1st
November, 1956, were comprised in Part B States] [3]***.
(3) The State Government may, by notification in the Official Gazette, direct that it shall not apply to
any area, class of persons, or class of transactions which it may specify in its notification.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(1) “Interest” means rate of interest and includes the return to be made over and above what was
actually lent, whether the same is charged or sought to be recovered specifically by way of interest or
otherwise.
(2) “Loan” means a loan whether of money or in kind and includes any transaction which is, in
the opinion of the Court, in substance a loan.
(3) “Suit to which this Act applies” means any suit—
(a) for the recovery of a loan made after the commencement of this Act; or
(b) for the enforcement of any security taken or any agreement, whether by way of settlement
of account or otherwise, made, after the commencement of this Act, in respect of any loan made
either before or after the commencement of this Act; [4][or
(c) for the redemption of any security given after the commencement of this Act in respect of
any loan made either before or after the commencement of this Act.]
**3. Re-opening of transactions.—(1) Notwithstanding anything in the Usury Laws Repeal Act, 1855**
(28 of 1855), where, in any suit to which this Act applies, whether heard ex parte or otherwise, the Court
has reason to believe, —
(a) that the interest is excessive; and
(b) that the transaction was, as between the parties thereto, substantially unfair, the Court may
exercise all or any of the following powers, namely, may,—
(i) re-open the transaction, take an account between the parties, and relieve the debtor of all
liability in respect of any excessive interest;
1. It has been amended in the U.P. by U.P. Act 23 of 1934 and by Act 29 of 1976 in the C.P. by C.P. Act 11 of 1934, in Madras
by Mad. Act 8 of 1937, in East Punjab by E.P. Act 4 of 1948, in Andhra Pradesh by A.P. Act 24 of 1961, and in Himachal
Pradesh by H.P. Act 3 of 1970.
The Act has been extended to the whole of Madhya Pradesh by N1.P. Act 23 of 1958 (when notified) and to the Union
territory of Pondicherry by Act 26 of 1968, s. 3 and Sch.
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955.
2. Subs. by the A.O. (No. 3) 1956, for “Part B States”.
3. The words “including British Baluchistan” omitted by the A.O. 1948.
4. Ins. by Act 28 of 1926, s. 2.
2
-----
(ii) notwithstanding any agreement, purporting to close previous dealings and to create a new
obligation, re-open any account already taken between them and relieve the debtor of all liability
in respect of any excessive interest, and if anything has been paid or allowed in account in respect
of such liability, order the creditor to repay any sum which it considers to be repayable in respect
thereof;
(iii) set aside either wholly or in part or revise or alter any security given or agreement made
in respect of any loan, and if the creditor has parted with the security, order him to indemnify the
debtor in such manner and to such extent as it may deem just:
Provided that, in the exercise of these powers, the Court shall not—
(i) re-open any agreement purporting to close previous dealings and to create a new
obligation which has been entered into by the parties or any persons from whom they claim at
a date more than [1][twelve] years from the date of the transaction;
(ii) do anything which affects any decree of a Court.
_Explanation.—In the case of a suit brought on a series of transactions the expression “the transaction”_
means, for the purposes of proviso (i), the first of such transactions.
(2) (a) In this section “excessive” means in excess of that which the Court deems to be reasonable
having regard to the risk incurred as it appeared, or must be taken to have appeared, to the creditor at the
date of the loan.
(b) In considering whether interest is excessive under this section, the Court shall take into account
any amounts charged or paid, whether in money or in kind, for expenses, inquiries, fines, bonuses,
premia, renewals or any other charges, and if compound interest is charged, the periods at which it is
calculated, and the total advantage which may reasonably be taken to have been expected from the
transaction.
(c) In considering the question of risk, the Court shall take into account the presence or absence of
security and the value thereof, the financial condition of the debtor and the result of any previous
transactions of the debtor, by way of loan, so far as the same were known, or must be taken to have been
known, to the creditor.
(d) In considering whether a transaction was substantially unfair, the Court shall take into account all
circumstances materially affecting the relations of the parties at the time of the loan or tending to show
that the transaction was unfair, including the necessities or supposed necessities of the debtor at the time
of the loan so far as the same were known, or must be taken to have been known, to the creditor.
_Explanation.—Interest may of itself be sufficient evidence that the transaction was substantially_
unfair.
(3) This section shall apply to any suit, whatever its form may be, if such suit is substantially one for
the recovery of a loan or for the enforcement of any agreement or security in respect of a loan [2][or for the
redemption of any such security].
(4) Nothing in this section shall affect the rights of any transferee for value who satisfies the Court
that the transfer to him was bona fide, and that he had at the time of such transfer no notice of any fact
which would have entitled the debtor as against the lender to relief under this section. For the purposes of
this sub-section, the word “notice” shall have the same meaning as is ascribed to it in section 4 of the
Transfer of Property Act, 1882 (4 of 1882).
(5) Nothing in this section shall be construed as derogating from the existing powers or jurisdiction of
any Court.
**4. Insolvency proceedings.—On any application relating to the admission or amount of a proof of a**
loan in any insolvency proceedings, the Court may exercise the like powers as may be exercised under
section 3 by a Court in a suit to which this Act applies.
**—————**
1. Subs. by Act 28 of 1926, s. 3, for “six”.
2. Ins. by s. 3, ibid.
3
-----
|
3-Sep-1919 | 12 | The Poisons Act, 1919 | https://www.indiacode.nic.in/bitstream/123456789/2363/1/a1919-------12.pdf | central | # THE POISONS ACT, 1919
________
ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title and extent.
2. Power of the State Government to regulate possession for sale and sale of any poison.
3. Power to prohibit importation into the States of any poison except under licence.
4. Power to regulate possession of any poison in certain areas.
5. Presumption as to specified poisons.
6. Penalty for unlawful importation, etc.
7. Power to issue search warrants.
8. Rules.
9. Savings.
10. [Repealed.].
1
-----
# THE POISONS ACT, 1919
ACT NO. 12 OF 1919[1]
[3rd September, 1919.]
An Act to consolidate and amend the law regulating the importation, possession and sale of poisons [2]***
WHEREAS it is expedient to consolidate and amend the law regulating the importation, possession and
sale of poisons [2]***; It is hereby enacted as follows:—
**1. Short title and extent.—(1) This Act may be called the Poisons Act, 1919.**
3[(2) It extends to the whole of India:
Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which the
provisions of this Act relate to the importation into India of any specified poison.]
**2. Power of the State Government to regulate possession for sale and sale of any poison.—(1)**
4*** The State Government may by rule regulate within the whole or any part of the territories under its
administration the possession for sale and the sale, whether wholesale or retail, of any specified poison.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the grant of licences to possess any specified poison for sale, wholesale or retail, and fixing of
the fee (if any) to be charged for such licences ;
(b) the classes of persons to whom alone such licences may be granted ;
(c) the classes of persons to whom alone any such poison may be sold ;
(d) the maximum quantity of any such poison which may be sold to any one person ;
(e) the maintenance by vendors of any such poison of registers of sales, the particulars to be
entered in such registers, and the inspection of the same ;
(f) the safe custody of such poisons and the labelling of the vessels, packages or coverings in
which any such poison is sold or possessed for sale ; and
(g) the inspection and examination of any such poison when possessed for sale by any such
vendor.
**3. Power to prohibit importation into the States of any poison except under licence.—The**
Central Government may, by notification in the Official Gazette, prohibit, except under and in accordance
with the conditions of a licence, the importation into [5][India] [6][across any customs frontier[7] defined by the
Central Government] of any specified poison, and may by rule regulate the grant of licences.
1. This Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955.
This Act has been extended in its application to:
(1) Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch.;
(2) the whole of the Union territory of Lakshadweep (w.e.f. 1-10-1965): vide Reg. 8 of 1965, s. 3 and the Sch.: and
(3) the Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch.
2. The words “throughout British India” rep. by the A.O. 1948.
3. Subs. by Act 47 of 1958, s. 2, for the former sub-section (2).
4. The words “Subject to the control of the G.G. in C” rep. by the A.O. 1937.
5. Sub. By Act 47 of 1958, s. 3, for “the States”.
6. Ins. by the A.O. 1937.
7. For definition of the customs frontiers of India, see Gazette of India, 1955, Pt. II, sec. 3, p. 1521.
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
2
-----
**4. Power to regulate possession of any poison in certain areas.—(1) The State Government** [1]***
may by rule regulate on the possession of any specified poison in any local area in which the use of such
poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be of such
frequent occurrence as to render restrictions on the possession thereof desirable.
(2) In making any rule under sub-section (1), the State Government may direct that any breach
thereof shall be punishable with imprisonment for a term which may extend to one year, or with fine
which may extend to one thousand rupees, or with both, together with confiscation of the poison in
respect of which the breach has been committed, and of the vessels, packages or coverings in which the
same is found.
**5. Presumption as to specified poisons.—Any substance specified as a poison in a rule made or**
notification issued under this Act shall be deemed to be a poison for the purposes of this Act.
**6. Penalty for unlawful importation, etc.—(1) Whoever—**
(a) commits a breach of any rule made under section 2, or
(b) imports [2]*** without a licence [3][into [4][India] across a customs frontier[5] defined by the Central
Central Government] any poison the importation of which is for the time being restricted under
section 3, or
(c) breaks any condition of a licence for the importation of any poison granted to him under
section 3,
shall be punishable, —
(i) on a first conviction, with imprisonment for a term which may extend to three months, or with
fine which may extend to five hundred rupees, or with both, and
(ii) on a second or subsequent conviction, with imprisonment for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.
(2) Any poison in respect of which an offence has been committed under this section, together with
the vessels, packages or coverings in which the same is found, shall be liable to confiscation.
**7. Power to issue search warrants.—(1) The District Magistrate, the Sub-divisional Magistrate and,**
in a presidency-town, the Commissioner of Police, may issue a warrant for the search of any place in
which he has reason to believe or to suspect that any poison is possessed or sold in contravention of this
Act or any rule thereunder, or that any poison liable to confiscation under this Act is kept or concealed.
(2) The person to whom the warrant is directed may enter and search the place in accordance
therewith, and the provisions of the [6]Code of Criminal Procedure, 1898 (5 of 1898), relating to searchwarrants shall, as far as may be, be deemed to apply to the execution of the warrant.
**8. Rules.—(1) In addition to any other power to make rules hereinbefore conferred** [1]*** the State
Government may make rules generally to carry out the purposes and objects of this Act [3][except
section 3].
1. The words “subject to the control of the G.G. in C.” rep by the A.O. 1937.
2. The words “into British India” rep. ibid.
3. Ins.by the A.O.1937.
4. Subs. by Act 47 of 1958, s. 3, for “the States”.
5. For definition of the customs frontiers of India, see Gazette of India, 1955, Pt. II, sec. 3, p. 1521.
6. See now the Code of Criminal Procedure, 1973 (2 of 1974).
3
-----
(2) Every power to make rules conferred by this Act shall be subject to the condition of the rules
being made after previous publication.
(3) All rules made by the Central Government or by the State Government under this Act shall be
published in the [1][Official Gazette] and on such publication shall have effect as if enacted in this Act.
2[(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule. rule.
(5) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is
made, before the State Legislature.]
**9. Savings.—(1) Nothing in this Act or in any licence granted or rule made s thereunder shall extend**
to, or interfere with, anything done in good faith in the exercise of his profession as such by a medical or
veterinary practitioner.
(2) Notwithstanding anything hereinbefore contained, the State Government may [3]*** by general or
special order declare that all or any of the provisions of this Act [4][except section 3] shall be deemed not to
to apply to any article or class of articles of commerce specified in such order, or to any poison or class of
poisons used for any purpose so specified.
(3) The authority on which any power to make rules under this Act is conferred may, by general or
special order, either wholly or partially—
(a) exempt from the operation of any such rules, or
(b) exclude from the scope of the exemption provided by sub-section (1),
any person or class of persons either generally or in respect of any poisons specified in the order.
**10. [Repeal of Act 1 of 1904.] Rep.by the Repealing Act, 1927 (12 of 1927).**
1. Subs. by the A.O. 1937, para 4, for “Gazette of India or the local Official Gazette, as the case may be”, Strictly the
substitution would read “Official Gazette or the Official Gazette, as the case may be” but the last nine words have been omitted
as being obviously redundant.
2. Ins. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).
3. The words “in its discretion” rep. by the A.O. 1937.
4. Ins., ibid.
4
-----
|
17-Sep-1919 | 15 | The Calcutta High Court (Jurisdictional Limits) Act, 1919 | https://www.indiacode.nic.in/bitstream/123456789/2364/1/A1919-15.pdf | central | # THE CALCUTTA HIGH COURT (JURISDICTIONAL LIMITS) ACT, 1919
(Modified as on 3[rd] December, 2018)
# __________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title.
2. Limits of ordinary original civil jurisdiction.
THE SCHEDULE.
-----
# THE CALCUTTA HIGH COURT (JURISDICTIONAL LIMITS) ACT, 1919
ACT NO. 15 OF 1919
[17th September, 1919.]
# An Act to declare and prescribe the limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in Bengal.
WHEREAS Clause II of the Letters Patent for the High Court of Judicature at Fort William in Bengal,
dated the 28th December, 1865, provides that the said High Court shall have and exercise ordinary
original civil jurisdiction within such local limits as may from time to time be declared and prescribed by
any law made by competent legislative authority for India;
AND WHEREAS it is expedient so to declare and prescribe the local limits of the ordinary original civil
jurisdiction of the said High Court;
It is hereby enacted as follows:—
**1. Short title.—This Act may be called the Calcutta High Court (Jurisdictional Limits) Act, 1919.**
**2. Limits of ordinary original civil jurisdiction.—The ordinary original civil jurisdiction of the**
High Court of Judicature at Fort William in Bengal shall be exercised within the limits set out in the
Schedule;
Provided that nothing in this Act shall affect any suit or other legal proceeding pending in any Court
at the date of the commencement of this Act.
-----
THE SCHEDULE
(See section 2)
1. The limits within which the ordinary original civil jurisdiction of the High Court shall be exercised
are as follows:—
_North.—A line commencing on the Western side of the river Hooghly at a point where the straight_
line joining reference pillar No. I (in a compound on the river side of the Ghusri Cotton Mill, Howrah)
and reference pillar No. II (near the south-western end of Chitpur Toll Bridge) meets the western waterline of the river Hooghly, and thence along the said line to the point where it meets the eastern water line
of the river Hooghly near the south bank of the opening of Circular Canal; thence along the water-line of
the south bank of Circular Canal passing under the Chitpur Toll Bridge, the Chitpur or Baghbazar Bridge
to boundary pillar A on the eastern side of the southern pile of Barrackpore Bridge.
_East.—A line commencing from the said boundary pillar A following the eastern edge of the steps of_
the bridge to a point near the south-eastern corner of the immediate approach to the bridge marked by
reference pillar III, which is on the boundary; thence by a straight line to boundary pillar B on the southeastern corner of the junction of Cornwallis Street and Galif Street (now marked with a Public Works
Department stone); thence along the eastern side and the eastern side of the eastern pavement of
Cornwallis Street in a series of regular links joining points marked by posts 1-3 to boundary pillar C at the
north corner of the junction of Sharnbazar street with Cornwallis Street; thence by a straight line to
boundary pillar D on the solid south corner of the said junction; thence in an approximately straight line
along the solid eastern side of Upper Circular Road marked by posts 4-9; thence eastward following the
corner round to boundary pillar E on the north corner of the junction of the unnamed road (which runs
into Jadu Nath Mitra Lane) with Upper Circular Road; and thence by a straight line to boundary Pillar F
at the solid south corner of the junction of Jadu Nath Mitra Lane with Upper Circular Road; thence by
posts 10-13 to boundary Pillar G on the solid south corner of the junction of Uitadingi Road with Upper
Circular Road; thence along the solid south side of Uitadingi Road in a series of continuous and
approximately straight lines joining points marked by posts 14-16 to boundary pillar H at the solid
western corner of the junction of Uitadingi Road and Gauribere Lane; thence by the solid western side of
Gauribere Lane; marked by posts 17-21; thence by a straight line crossing the road diagonally to
boundary pillar I on the solid south-eastern corner of the junction of Gauribere Lane and Uitadingi
Junction Lane; thence along the solid eastern side of Uitadingi Junction lane marked by posts 22-24 to
boundary pillar J on the solid eastern corner of the junction of Uitadingi Junction Lane with Halsibagan
Road; thence by a straight line to post 25 at the solid western corner of the said junction; thence along the
solid north side of Halsibagan Road marked by post 26 to boundary pillar K on the north side of
Halsibagan Road directly opposite the solid eastern side Upper Circular Road south of it; thence by a
straight line to post 27 at the solid south corner of the junction of Halsibagan Road with Upper Circular
Road; thence by the solid eastern side of Upper Circular Road marked by posts 28-34 to post 35; thence
turning east to boundary pillar L on the north side of Maniktola Road; thence by a straight line to post 36
at the south corner of the junction of Maniktola Road with Upper Circular Road at the north-western
corner of the garden of Kali Pada Barik; thence along the eastern side of the lane on the eastern side of the
raised platform road and marked by posts 37-49 to boundary pillar M at the solid north corner of the
junction of Gas Street and Upper Circular Road, thence by a straight line to boundary pillar N at the solid
south corner of the said junction; thence keeping again to the eastern side of the lane on the eastern side of
the raised platform road along a line marked by posts 50-61 excluding the recently made Ladies' Park to
boundary pillar O near the north pillar of the north entrance to North Station, Sealdah; thence by a straight
line to boundary pillar P at the south corner of that entrance; thence by the comparatively straight line
from pillar to pillar connecting boundary pillars P, Q, R, S and T adjacent to the pillars forming the
corners of the various approaches to Sealdah Station; thence along the solid eastern side of Lower
Circular Road marked by posts 62-64 to pillar 65; thence turning west to boundary pillar U at the northwestern corner of the outpatients' department of the Campbell Hospital; thence by a straight line marked
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by posts 66-68 to boundary Pillar V on the corner of the platform to the right of the north entrance to the
Calcutta Corporation Central Stores thence by post 69 turning east to post 70; thence by posts 71-76,
boundary pillar W and X at the solid corners of the southern junction of Police Hospital Road with Lower
Circular Road; thence by posts 77-80, to boundary pillars Y and Z on the solid corners of the junction of
Beniapukur Lane with Lower Circular Road, by posts 81-86 to boundary pillars A1 and B1, at the solid
corners of the junction of Nonapukur or Bijli Road and Lower Circular Road, posts 87, 88, to boundary
pillar C1, near the south-western corner of the Circular Road burial ground; thence by a straight line to
boundary pillar D1, on the other side of the tramway lines; thence post 89 eastward to post 90; thence to
boundary pillar E1, and F1, at the solid corners of the junction of Karaya Bazar Road and Lower Circular
Road, posts 91, 92, to boundary pillar G1, opposite to Theatre Road, posts 93, 94, to boundary pillar H1, a
few feet south of the point directly opposite the junction of Auckland Place and Lower Road, following
the curve of the road by posts 95 and 96 to reference pillar IV (which is on the boundary) on the eastern
side of the junction of Beck Bagan Lane with Lower Circular Road.
_South.—A line commencing from the said reference pillar IV in a straight line to boundary pillar II,_
western corner of the junction of Beck Bagan Lane with Lower Circular Road; thence along the solid
south side of Lower Circular to boundary pillar J1 and K1, at the solid corners of the junction of
Ballyganj Circular Road and Lower Circular Road; thence by the solid south side of Lower Circular Road
marked by posts 97, 98, boundary pillars L1, M1, at the solid corners of the junction of Lansdowne Road
with Lower Circular Road, post 99 southward to posts 100 westward to post 101, northward to post 102
and westward to post 103, boundary pillars N1 and O1 at the solid corners of the junction of Woodburn
Road with Lower Circular Road, posts 104, 105 boundary pillars P1 and Q1 at the solid corners of the
junction of Lee Road with Lower Circular Road; thence by the straight line links but broken boundary
line formed by posts 106-113, to boundary pillar R1, on the south-eastern corner of the junction of
Chowringhee with Lower Circular Road; thence by an oblique straight line to boundary pillar S1 on the
south-western corner of the said junction near a stone marked F.W.B. 26; thence by a line representing the
present limits of the holdings on the south of Circular Road and marked by posts 114-116 boundary
pillars T1 and U1 at the solid corners of the junction of Haris Chandra Mukharji Road and Lower Circular
Road, posts 117-121; thence to boundary pillar V1, near the north corner of the junction of Bhowanipore
Road and Lower Circular Road; thence following the curve of the corner and the eastern side of
Bhowanipore Road and the surplus lands attached thereto by a series of straight line links joining points
marked by posts 122-124, boundary pillars W1 and X1, at the junction of Shambunath Pandit Street and
Bhowanipore Road, posts 125-128 turning eastward to boundary pillar Y1 on the north side of
Sankaripara Road posts 129, 130 to boundary pillars Z1 and A2 across the entrance of Ketrapati Road
into Bhowanipore Road, thence by posts 131, 132 to boundary pillar B2 on the north-eastern side of
Alipore Bridge; thence along a straight line joining the said boundary pillar B2 with subsidiary reference
pillar VII on the south-eastern side of the said bridge to a point where that straight line meets the waterline of Tolly's Nala; thence along the water-line of Tolly's Nala to the north-eastern corner of the District
Magistrate's compound, near which is boundary pillar C2; thence along the irregular northern boundary of
the Magistrate's compound marked by posts 133-141 to boundary pillar D2 at the south corner of the
entrance to the Civil Surgeon's house from Thackeray Road; thence southward along the western
boundary of the Magistrate's compound by posts 142-145 and along the southern boundary of that
compound marked by posts 147, 148 to boundary pillar E2 on the bank of Tolly's Nala; thence continuing
the straight line from post 148 to boundary pillar E2 till it meets the water-line of Tolly's Nala; thence
along the water-line of Tolly's Nala to a point in a direct line with the north side of the masonry drain
running outside the Jail Garden near which is boundary pillar F2; thence along the north side of the solid
drain in a straight line across Motee Zeel to post 149 against the boundary of the compound of the
Magistrate's Court; thence northward along that boundary to post 150 and westward to post 151 and
northward again along the boundary of the Army Clothing Agency to post 152; thence westward on the
south side of the lane to boundary pillar G2 at the north-western corner of the Police Hospital Compound;
thence along the wall of the Alipore Central Jail facing Belvedere Road and marked by pillars 153-157 to
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the north-western corner of the junction of Belvedere Road and Jail Lane following the corner eastward to
post 158 and continuing along the south side of Jai! Lane to post 159; thence by a straight line to
boundary pillar H2 at the acute corner of the junction of reformatory Street with Jail Lane; thence to
boundary pillar 12 on the north-western side of Alipore Bridge; thence to boundary pillar J2 on the northeastern side of the said bridge; thence by the solid south-western and western side of Bhowanipore Road
marked by posts 160-167; thence following the western corner of the junction of Bhowanipore Road and
Lower Circular Road to boundary pillar K2; thence along the solid south side of Lower Circular Road
following the Sweep of the railings and marked by posts 168-172 to boundary pillar L2 on Lower
Circular Road and east of its junction with Belvedere Road; thence following the natural beads of the
corner marked by posts 173 and 174 to boundary pillar M2 on the eastern side of Belvedre Road; thence
along the eastern side of Belvedere Road now indicated by wooden railings and marked by post 175 to
boundary pillar N2 on the north-eastern side of Zeerut Bridge; thence along the railings of the footpath on
the eastern side of the bridge to boundary pillar O2 near its south-eastern end; thence along a bent line
following the shape of the bridge and marked by posts 176, 177 to post 178 on the eastern side of the
south extremity of the immediate approach to the bridge; thence by a straight line to boundary pillar P2 on
the western side of the said extremity; thence turning north along the railings of the footpath on the
western side of the bridge, till it meets the water-line underneath the bridge; thence along the water-line of
the south or Alipore bank of Tolly's Nala trending northwards under Hastings Bridge, to a point where a
straight line joining reference pillar V (near the south-western end of Hastings Bridge), to reference pillar
VI (on the Howrah side of the river in a line with the northern wall of the Bengal Nagpur Railway Goods
Yard) meets the water-line of the south bank of the bend of the Hooghly River, near the western side of
the opening of Tolly's Nala; thence continuing the said straight line till that said straight line meets the
water-line of the Howrah side of the river Hooghly.
_West.—A line commencing from the point last defined along the water-line of the Howrah side of the_
River Hooghly to the western extremity of the northern boundary.
2. (a) When the expression “water-line” is used in this Schedule all _pucca ghats and other objects_
permanently attached to the bank and in contact with the water shall be deemed to appertain to the area to
which the land on that bank appertains, and the water in contact with such objects shall be deemed to
appertain to the other side of the boundary. In the places in the Schedule where the boundary is thus
described the boundary line shall be the moving edge of the water wherever it may be at any time. In the
case of bridges, however, the supporting pile in contact with the bank only shall be deemed to be
permanently attached to the bank and the boundary line across the bridge to be immediately above the
water-line so described.
(b) The expression “solid side” or “solid corner” means the line or spot marked out by solid objects,
such as a pucca wall or the face of a house, the wayside lands and pavements thus being all included in
the adjacent road, street or lane.
______
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|
25-Feb-1920 | 05 | The Provincial Insolvency Act, 1920 | https://www.indiacode.nic.in/bitstream/123456789/19723/1/a1920-05.pdf | central | ## THE PROVINCIAL INSOLVENCY ACT, 1920
_________
## ARRANGEMENT OF SECTIONS
________
SECTIONS.
1. Short title and extent.
2. Definitions.
PART I
CONSTITUTION AND POWERS OF COURT
3. Insolvency jurisdiction.
4. Power of Court to decide all questions arising in insolvency.
5. General powers of Courts.
PART II
PROCEEDINGS FROM ACT OF INSOLVENCY TO DISCHARGE
_Acts of insolvency_
6. Act of insolvency.
_Petition_
7. Petition and adjudication.
8. Exemption of corporation, etc., from insolvency proceedings.
9. Conditions on which creditor may petition.
10. Conditions on which debtor may petition.
11. Court to which petition shall be presented.
12. Verification of petition.
13. Contents of petition.
14. Withdrawal of petitions.
15. Consolidation of petitions.
16. Power to change carriage of proceedings.
17. Continuance of proceedings on death of debtor.
18. Procedure for administration of petition.
19. Procedure on admission of petition.
20. Appointment of interim receiver.
21. Interim proceedings against debtor.
22. Duties of debtors.
23. Release of debtor.
24. Procedure at hearing.
25. Dismissal of petition.
26. Award of compensation.
_Order of adjudication_
27. Order of adjudication.
28. Effect of an order of adjudication.
28A. Insolvent's property to comprise certain capacity.
29. Stay of pending proceeding.
30. Publication of order of adjudication.
-----
_Proceedings consequent on order of adjudication_
SECTIONS.
31. Protection of order.
32. Power to arrest after adjudication.
33. Schedule of creditors.
34. Debts provable under the Act.
_Annulment of adjudication_
35. Power to annul adjudication of insolvency.
36. Power to cancel one of concurrent orders of adjudication.
37. Proceedings on annulment.
_Compositions and schemes of arrangement_
38. Compositions and schemes of arrangement.
39. Order on approval.
40. Power to re-adjudge debtor insolvent.
_Discharge_
41. Discharge.
42. Cases in which Court must refuse an absolute discharge.
43. Adjudication to be annulled on failure to apply for discharge.
44. Effect of order of discharge.
PART III
ADMINISTRATION OF PROPERTY
_Method of proof of debts_
45. Debt payable at a future time.
46. Mutual dealings and setoff.
47. Secured creditors.
48. Interest.
49. Mode of proof.
50. Disallowance and reduction of entries in schedule.
_Effect of insolvency on antecedent transactions._
51. Restriction of rights of creditor under execution.
52. Duties of Court executing decree as to property taken in execution.
53. Avoidance of voluntary transfer.
54. Avoidance of preference in certain cases.
54A. By whom petitions for annulment may be made.
55. Protection of bona fide transactions.
_Realisation of property_
56. Appointment of Receiver.
57. Power to appoint Official Receivers.
58. Powers of Court if no receiver appointed.
59. Duties and powers of receiver.
59A. Power to require information regarding insolvent's property.
60. Special provisions in regard to immovable property.
-----
_Distribution of property_
SECTIONS.
61. Priority of debts.
62. Calculation of dividends.
63. Right of creditor who has not proved debt before declaration of a dividend.
64. Final dividend.
65. No suit for dividend.
66. Management by and allowance to insolvent.
67. Right of insolvent to surplus.
67A. Committee of inspection.
68. Appeal to Court against receiver.
PART IV
PENALTIES
69. Offences by debtors.
70. Procedure on charge under section 69.
71. Criminal liability after discharge or composition.
72. Undischarged insolvent obtaining credit.
73. Disqualifications of insolvent.
PART V
SUMMARY ADMINISTRATION
74. Summary administration.
PART VI
APPEALS
75. Appeals.
PART VII
MISCELLANEOUS
76. Costs.
77. Courts to be auxiliary to each other.
78. Limitation
79. Power to make rules Power to make rules.
80. Delegation of powers to Official Receivers.
81. Power of State Government to bar application of certain provisions to certain Courts.
82. Savings.
83. Repeals.
SCHEDULE I.—DECISIONS AND ORDERS FROM WHICH AN APPEAL LIES TO THE HIGH COURT
UNDER SECTION 75(2).
SCHEDULE II.—PROVISIONS OF THE ACT APPLICATION OF WHICH MAY BE BARRED BY STATE
GOVERNMENT.
SCHEDULE III.—[Repealed.]
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## THE PROVINCIAL INSOLVENCY ACT, 1920
ACT NO. 5 OF 1920
[25th February, 1920.]
## An Act to consolidate and amend the Law relating to Insolvency [1]*** as administered by Courts
having jurisdiction outside the Presidency-towns [2]***.
WHEREAS it is expedient to consolidate and amend the law relating to insolvency [1]*** as
administered by Courts having jurisdiction outside the Presidency-towns [2]*** ;
It is hereby enacted as follows:—
## 1. Short title and extent.—(1) This Act may be called the Provincial Insolvency Act, 1920.
(2) It extends to [3][the whole of India except [4][the territories which, immediately before the 1st November, 1956,
were comprised in Part B States] and] the Scheduled Districts.
# 2. Definitions.—(1) In this Act, unless there is anything repugnant in the subject or context,—
(a) "creditor" includes a decree-holder, "debt" includes a judgment-debt, and "debtor" includes a
judgment-debtor;
(b) "District Court" means the principal Civil Court of original jurisdiction in any area outside the
local limits for the time being of the Presidency-towns [5]***;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "property" includes any property over which or the profits of which any person has a
disposing power which he may exercise for his own benefit;
(e) "secured creditor" means a person holding a mortgage, charge or lien on the property of the
debtor or any part thereof as a security for a debt due to him from the debtor; and
(f) "transfer of property" includes a transfer of any interest in property and the creation of any
charge upon property.
(2) Words and expressions used in this Act and defined in the Code of Civil Procedure, 1908,
(5 of 1908) and not hereinbefore defined shall have the same meanings as those respectively attributed to
them by the said Code.
PART I
CONSTITUTION AND POWER OF COURT
**3. Insolvency jurisdiction.—(1) The District Courts shall be the Courts having jurisdiction under this**
Act:
Provided that the State Government may, by notification in the Official Gazette, invest any Court
subordinate to a District Court with jurisdiction in any class of cases, and any Court so invested shall
within the local limits of its jurisdiction have concurrent jurisdiction with the District Court under this
Act.
1. The words “in the Provinces of India” rep. by the A.O. 1950.
2. The words “and the town of Karachi” rep. by the A.O.1948. In the long title the word “Karachi” had been subs. by the A.O.
1937 for “Rangoon”. In the preamble the words “town of Karachi” had been subs. by the A.O.1937 for “towns of Rangoon
and Karachi” which had been substituted by Act 9 of 1926, s.11, for “town of Rangoon”.
3. Subs. by A.O. 1950 for “all the Provinces of India expect”
4. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part B States”.
5. The following had been subs. by Act 9 of 1926, s. 11, for “and of the town of Rangoon” :“the town of Rangoon and the limits of the ordinary original civil jurisdiction of the Court of the Judicial commissioner of Sind
as defined in section 2 of the Presidency-towns Insolvency Act, 1909”.
The first four words rep. by the A.O. 1937 and the remainder as amended by Act 34 of 1926, s. 2 and Schedule rep. by the
A.O. 1948.
-----
(2) For the purposes of this Act, a Court of Small Causes shall be deemed to be subordinate to the
District Court.
**4. Power of Court to decide all questions arising in insolvency.—(1) Subject to the provisions of**
this Act, the Court shall have full power to decide all questions whether of title or priority, or of any
nature whatsoever, and whether involving matters of law or of fact, which may arise in any case of
insolvency coming within the cognizance of the Court, or which the Court may deem it expedient or
necessary to decide for the purpose of doing complete justice or making a complete distribution of
property in any such case.
(2) Subject to the provisions of this Act and notwithstanding anything contained in any other law for
the time being in force, every such decision shall be final and binding for all purposes as between, on the
one hand, the debtor and the debtor's estate and, on the other hand, all claimants against him or it and all
persons claiming through or under them or any of them.
(3) Where the Court does not deem it expedient or necessary to decide any question of the nature
referred to in sub-section (1), but has reason to believe that the debtor has a saleable interest in any
property, the Court may without further inquiry sell such interest in such manner and subject to such
conditions as it may think fit.
**5. General powers of Courts.—(1) Subject to the provisions of this Act, the Court, in regard to**
proceedings under this Act, shall have the same powers and shall follow the same procedure as it has and
follows in the exercise of original civil jurisdiction.
(2) Subject as aforesaid, High Courts and District Courts, in regard to proceedings under this Act in
Courts subordinate to them, shall have the same powers and shall follow the same procedure as they
respectively have and follow in regard to civil suits.
PART II
PROCEEDINGS FROM ACT OF INSOLVENCY TO DISCHARGE
_Acts of insolvency_
**6. Acts of insolvency.—[1][(1)] A debtor commits an act of insolvency in each of the following cases,**
namely: —
(a) if, in [2][India] or elsewhere, he makes a transfer of all or substantially all his property to a third
person for the benefit of his creditors generally;
(b) if, in [2][India] or elsewhere, he makes a transfer of his property or of any part thereof with
intent to defeat or delay his creditors;
(c) if, in [2][India] or elsewhere, he makes any transfer of his property, or of any part thereof, which
would, under this or any other enactment for the time being in force, be void as fraudulent preference
if he were adjudged as insolvent;
(d) if, with intent to defeat or delay his creditors,
(i) he departs or remains out of [3][the territories to which this Act extends],
(ii) he departs from his dwelling-house or usual place of business or otherwise absents
himself,
(iii) he secludes himself so as to deprive his creditors of the means of communicating with
him;
(e) if any of his property has been sold in execution of the decree of any Court for the payment of
money;
(f) if he petitions to be adjudged an insolvent under the provisions of this Act;
1. S. 6 re-numbered as sub-section (1) thereof by Act 28 of 1978, s. 3 (w.e.f. 1-9-1979).
2. Subs by the A.O. 1950, for “the Provinces”
3. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part A States and Part C States.”
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(g) if he gives notice to any of his creditors that he has suspended, or that he is about to suspend,
payment of his debts; or
(h) if he is imprisoned in execution of the decree of any Court for the payment of money[1].
2[(2) Without prejudice to the provisions of sub-section (1), a debtor commits an act of insolvency if a
creditor, who has obtained a decree or order against him for the payment of money (being a decree or
order which has become final and the execution whereof has not been stayed), has served on him a notice
(hereafter in this section referred to as the insolvency notice) as provided in sub-section (3) and the debtor
does not comply with that notice within the period specified therein :
Provided that where a debtor makes an application under sub-section (5) for setting aside an
insolvency notice —
(a) in a case where such application is allowed by the District Court, he shall not be deemed to
have committed an act of insolvency under this sub-section; and
(b) in a case where such application is rejected by the District Court, he shall be deemed to have
committed an act of insolvency under this sub-section on the date of rejection of the application or the
expiry of the period specified in the insolvency notice for its compliance, whichever is later :
Provided further that no insolvency notice shall be served on a debtor residing, whether permanently
or temporarily, outside India, unless the creditor obtains the leave of the District Court therefore.
(3) An insolvency notice under sub-section (2) shall
(a) be in the prescribed form;
(b) be served in the prescribed manner;
(c) specify the amount due under the decree or order and require the debtor to pay the same or to
furnish security for the payment of such amount to the satisfaction of the creditor or his agent;
(d) specify for its compliance a period of not less than one month after its service on the debtor
or, if it is to be served on a debtor residing whether permanently or temporarily, outside India, such
period (being not less than one month) as may be specified by the order of the District Court granting
leave for the service of such notice;
(e) state the consequences of non-compliance with the notice.
(4) No insolvency notice shall be deemed to be invalid by reason only that the sum specified therein
as the amount due under the decree or order exceeds the amount actually due, unless the debtor, within
the period specified in the insolvency notice for its compliance, gives notice to the creditor that the sum
specified in the insolvency notices does not correctly represent the amount due under the decree or order :
Provided that if the debtor does not give any such notice as aforesaid, he shall be deemed to have
complied with the insolvency notice if, within the period specified therein for its compliance, he takes
such steps as would have constituted a compliance with the insolvency notice had the actual amount due
been correctly specified therein.
(5) Any person served with an insolvency notice may within the period specified therein for its
compliance, apply to the District Court to set aside the insolvency notice on any of the following grounds,
namely :
(a) that he has a counter-claim or set-off against the creditor which is equal to or is in excess of
the amount due under the decree or order and which he could not under any law for the time being in
force, prefer in the suit or proceeding in which the decree or order was passed;
(b) that he is entitled to have the decree or order set aside under any law providing for the relief of
indebtedness and that
1. In the application of the Act to Bombay, a new cl. (i) has been ins. here by the Presidency-towns Insolvency and the
Provincial Insolvency (Bombay Amendment) Act, 1939 (Bom. 15 of 1939), s. 3.
2. Ins. by Act 28 of 1978, s. 3 (w.e.f. 1-9-1979).
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(i) he has made an application before the competent authority under such law for the setting
aside of the decree or order; or
(ii) the time allowed for the making of such application has not expired;
(c) that the decree or order is not executable under the provisions of any law referred to in
clause (b) on the date of the application.]
_Explanation.—For the purposes of this section the act of an agent may be the act of the principal[1]._
_Petition_
**7. Petition and adjudication.—Subject to the conditions specified in this Act, if a debtor commits an**
act of insolvency, an insolvency petition may be presented either by a creditor or by the debtor, and the
Court may on such petition make an order (hereinafter called an order of adjudication) adjudging him an
insolvent.
_Explanation.—The presentation of a petition by the debtor shall be deemed an act of insolvency_
within the meaning of this section, and on such petition the Court may make an order of adjudication.
**8. Exemption of corporation, etc., from insolvency proceedings.—No insolvency petition shall be**
presented against any corporation or against any association or company registered under any enactment
for the time being in force.
**9. Conditions on which creditor may petition.—(1) A creditor shall not be entitled to present an**
insolvency petition against a debtor unless—
(a) the debt owing by the debtor to the creditor, or, if two or more creditors join in the petition,
the aggregate amount of debts owing to such creditors, amounts to five hundred rupees, and
(b) the debt is a liquidated sum payable either immediately or at some certain future time, and
(c) the act of insolvency on which the petition is grounded has occurred within three months
before the presentation of the petition:
2[Provided that where the said period of three months referred to in clause (c) expires on a day when
the Court is closed, the insolvency petition may be presented on the day on which the Court re-opens.]
(2) If the petitioning creditor is a secured creditor, he shall in his petition either state that he is willing
to relinquish his security for the benefit of the creditors in the event of the debtor being adjudged
insolvent, or give an estimate of the value of the security. In the latter case, he may be admitted as a
petitioning creditor to the extent of the balance of the debt due to him after deducting the value so
estimated in the same way as if he were an unsecured creditor.
**10.** **Conditions on which debtor may petition.—(1) A debtor shall not be entitled to present an**
insolvency petition, unless he is unable to pay his debts and—
(a) his debts amount to [3][five hundred rupees]; or[4]
(b) he is under arrest or imprisonment in execution of the decree of any Court for the payment of
money; or
(c) an order of attachment in execution of such a decree has been made, and is subsisting, against
his property.
(2) A debtor in respect of whom an order of adjudication [5] [whether made under the
Presidency-towns Insolvency Act, 1909 (3 of 1909), or under this Act] has been annulled, owing to
1. In the application of the Act to Bombay, a new cl. (i) has been ins. here by the Presidency-towns Insolvency and the
Provincial Insolvency (Bombay Amendment) Act, 1939 (Bom. 15 of 1939), s. 3.
2. Ins. by Act 3 of 1950, s. 6
3. In the C.P., read “two hundred rupees”, see the Provincial Insolvency (C.P. Amendment) Act, 1936 (C.P. 2 of 1936), s. 2.
4. In the application of the Act to the Punjab, a new clause (aa) has been ins. here by the Punjab Relief of Indebtedness Act,
1934 (Pun. 7 of 1934), s. 3.
5. Subs. by Act 11 of 1937, s. 4, for “made under this Act”.
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his failure to apply, or to prosecute an application for his discharge, shall not be entitled to present an
insolvency petition without the leave of the Court by which the order of adjudication was annulled.
Such Court shall not grant leave unless it is satisfied either that the debtor was prevented by any
reasonable cause from presenting or prosecuting his application, as the case may be, or that the
petition is founded on facts substantially different from those contained in the petition on which the
order of adjudication was made.
**11.** **Court to which petition shall be presented.—Every insolvency petition shall be presented to a**
Court having jurisdiction under this Act in any local area in which the debtor ordinarily resides or carries
on business, or personally works for gain, or if he has been arrested or imprisoned, where he is in
custody:
Provided that no objection as to the place of presentment shall be allowed by any Court in the
exercise of appellate or provisional jurisdiction unless such objection was taken in the Court by which the
petition was heard at the earliest possible opportunity, and unless there has been a consequent failure of
justice.
**12. Verification of petition.—Every insolvency petition shall be in writing and shall be signed and**
verified in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908), for signing and
verifying plaints.
**13. Contents of petition.—(1) Every insolvency petition presented by a debtor shall contain the**
following particulars, namely:—
(a) a statement that the debtor is unable to pay his debts;
(b) the place where he ordinarily resides or carries on business or personally works for gain, or, if
he has been arrested or imprisoned, the place where he is in custody;
(c) the Court (if any) by whose order he has been arrested or imprisoned, or by which an order
has been made for the attachment of his property, together with particulars of the decree in respect of
which any such order has been made;
(d) the amount and particulars of all pecuniary claims against him, together with the names and
residences of his creditors so far as they are known to, or can by the exercise of reasonable care and
diligence be ascertained by, him;
(e) the amount and particulars of all his property, together with—
(i) a specification of the value of all such property not consisting of money;
(ii) the place or places at which any such property is to be found; and
(iii) a declaration of his willingness to place at the disposal of the Court all such property
save in so far as it includes such particulars (not being his books of account) as are exempted by
the Code of Civil Procedure, 1908 (5 of 1908), or by any other enactment for the time being in
force from liability to attachment and sale in execution of a decree;
(f) a statement whether the debtor has on any previous occasion filed a petition to be adjudged an
insolvent, and (where such a petition has been filed)—
(i) if such petition has been dismissed, the reasons for such dismissal, or
(ii) if the debtor has been adjudged an insolvent, concise particulars of the insolvency,
including a statement whether any previous adjudication has been annulled and, if so, the grounds
therefore.
(2) Every insolvency petition presented by a creditor or creditors shall set forth the particulars
regarding the debtor specified in clause (b) of sub-section (1), and shall also specify—
(a) the act of insolvency committed by such debtor, together with the date of its commission; and
(b) the amount and particulars of his or their pecuniary claim or claims against such debtor.
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**14.** **Withdrawal of petitions.—No petition, whether presented by a debtor or by a creditor, shall be**
withdrawn without the leave of the Court.
**15.** **Consolidation of petitions.—Where two or more insolvency petitions are presented against the**
same debtor, or where separate petitions are presented against Joint debtors, the Court may consolidate
the proceedings or any of them, on such terms as the Court thinks fit.
**16. Power to change carriage of proceedings.—Where the petitioner does not proceed with due**
diligence on this petition, the Court may substitute as petitioner any other creditor to whom the debtor
may be indebted in the amount required by p this Act in the case of a petitioning creditor.
**17. Continuance of proceedings on death of debtor.—If a debtor by or against whom an insolvency**
petition has been presented dies, the proceedings in the matter shall, unless the Court otherwise orders, be
continued so far as may be necessary for the realisation and distribution of the property of the debtor.
**18. Procedure for administration of petition.—The procedure laid down in the Code of Civil**
Procedure, 1908 (5 of 1908), with respect to the admission of plaints, shall, so far as it is applicable, be
followed in the case of insolvency petitions.
**19. Procedure on admission of petition.—(1) Where an insolvency petition is admitted, the Court**
shall make an order fixing a date for hearing the petition.
(2) Notice of the order under sub-section (1) shall be given to creditors in such manner as may be
prescribed.
(3) Where the debtor is not the petitioner, notice of the order under sub-section (1) shall be served on
him in the manner provided for the service of summons.
**20.** **Appointment of interim receiver.—The Court when making an order admitting the petition**
may, and where the debtor is the petitioner ordinarily shall, appoint an interim receiver of the property of
the debtor or of any part thereof, and may direct him to take immediate possession thereof or of any part
thereof, and the interim receiver shall thereupon have such of the powers conferrable on a receiver
appointed under the Code of Civil Procedure, 1908 (5 of 1908), as the Court may direct. If an interim
receiver is not so appointed, the Court may make such appointment at any subsequent time before
adjudication, and the provisions of [1][this section] shall apply accordingly.
**21. Interim proceedings against debtor.—At the time of making an order admitting the petition or**
at any subsequent time before adjudication the Court may either of its own motion or on the application
of any creditor make one or more of the following orders, namely:—
(1) order the debtor to give reasonable security for his appearance until final orders are made upon the
petition, and direct that, in default of giving such security, he shall be detained in the civil prison;
(2) order the attachment by actual seizure of the whole or any part of the property in the possession or
under the control of the debtor, other than such particulars (not being his books of account) as are
exempted by the Code of Civil Procedure, 1908 (5 of 1908), or by any other enactment for the time being
in force from liability to attachment and sale in execution of a decree;
(3) order a warrant to issue with or without bail for the arrest of the debtor, and direct either that he be
detained in the civil prison until the disposal of the petition, or that he be released on such terms as to
security as may be reasonable and necessary:
Provided that an order under clause (2) or clause (3) shall not be made unless the Court is satisfied
that the debtor, with intent to defeat or delay his creditors or to avoid any process of the Court,—
(i) has absconded or has departed from the local limits of the jurisdiction of the Court, or is about
to abscond or to depart from such limits, or is remaining outside them, or
(ii) has failed to disclose or has concealed, destroyed, transferred or removed from such limits, or
is about to conceal, destroy, transfer or remove from such limits, any documents likely to be of use to
1. Subs. by Act 34 of 1939, s. 2 and Schedule I, for “this sub-section”.
-----
his creditors in the course of the hearing, or any part of his property other than such particulars as
aforesaid.
**22.** **Duties of debtors.—The debtor shall on the making of an order admitting the petition produce all**
books of account, and shall at any time thereafter give such inventories of his property, and such lists of
his creditors and debtors and of the debts due to and from them, respectively, submit to such examination
in respect of his property or his creditors, attend at such times before the Court or receiver, execute such
instruments, and generally do all such acts and things in relation to his property as may be required by the
Court or receiver, or as may be prescribed.
**23. Release of debtor.—(1) At the time of making an order admitting the petition or at any**
subsequent time before adjudication, the Court may, if the de debtor is under arrest or imprisonment in
execution of the decree of any Court for the payment of money, order his release on such terms as to
security as may be reasonable and necessary.
(2) The Court may at any time order any person who has been released under this section to be re
arrested and re-committed to the custody from which he was released.
(3) At the time of making any order under this section, the Court shall record in writing its reasons
therefore.
**24.** **Procedure at hearing.—(1) On the day fixed for the hearing of the petition, or on any subsequent**
day to which the hearing may be adjourned, the Court hear shall require proof of the following matters,
namely:—
(a) that the creditor or the debtor, as the case may be, is entitled to present the petition:
Provided that, where the debtor is the petitioner, he shall, for the purpose of proving his inability
to pay his debts, be required to furnish only such proof as to satisfy the Court that there are prima
facie grounds for believing the same and the Court, if and when so satisfied, shall not be bound to
hear any further evidence thereon;
(b) that the debtor, if he does not appear on a petition presented by a creditor, has been served
with notice of the order admitting the petition; and
(c) that the debtor has committed the act of insolvency alleged against him.
(2) The Court shall also examine the debtor, if he is present, as to his conduct, dealings and property
in the presence of such creditors as appear at the hearing, and the creditors shall have the right to question
the debtor thereon.
(3) The Court shall, if sufficient cause is shown, grant time to the debtor or to any creditor to produce
any evidence which appears to it to be necessary for the proper disposal of the petition.
(4) A memorandum of the substance of the examination of the debtor and of any other oral evidence
given shall be made by the Judge, and shall form part of the record of the case.
**25.** **Dismissal of petition.—(1) In the case of a petition presented by a creditor, where the Court is**
not satisfied with the proof of his right to present the petition or of the service on the debtor of notice of
the order admitting the petition, or of the alleged act of insolvency, or is satisfied by the debtor that he is
able to pay his debts, or that for any other sufficient cause no order ought to be made, the Court shall
dismiss the petition.
(2) In the case of a petition presented by a debtor, the Court shall dismiss the petition if it is not
satisfied of his right to present the petition.
**26.** **Award of compensation.—(1) Where a petition presented by a creditor is dismiss under**
sub-section (1) of section 25, and the Court is satisfied that the petition was frivolous or vexatious, the
Court may, on the application of the debtor, award against such creditor such amount, not exceeding one
thousand rupees, as it deems a reasonable compensation to the debtor for the expense or injury occasioned
to him by the petition and the proceedings thereon, and such amount may be realised as if it were a fine.
-----
(2) An award under this section shall bar any suit for compensation in respect of such petition and the
proceedings thereon.
_Order of adjudication_
**27.** **Order of adjudication.—(1) If the Court does not dismiss the petition, it shall make an order of**
adjudication, and shall specify in such order the period within which the debtor shall apply for his
discharge.
(2) The Court may, if sufficient cause is shown, extend the period within which the debtor shall apply
for his discharge, and in that case shall publish notice of the order in such manner as it thinks fit.
**28. Effect of an order of adjudication.—(1) On the making of an order of adjudication, the**
insolvent shall aid to the utmost of his power in the realisation of his property and the distribution of the
proceeds among his creditors.
(2) On the making of an order of adjudication, the whole of the property of the insolvent shall vest in
the Court or in a receiver as hereinafter provided, and shall become divisible among the creditors, and
thereafter, except as provided by this Act, no creditor to whom the insolvent is indebted in respect of any
debt provable under this Act shall during the pendency of the insolvency proceedings have any remedy
against the property of the insolvent in respect of the debt, or commence any suit or other legal
proceeding, except with the leave of the Court and on such terms as the Court may impose.
(3) For the purposes of sub-section (2), all goods being at the date of the presentation of the petition
on which the order is made, in the possession, order or disposition of the insolvent in his trade or
business, by the consent and permission of the true owner, under such circumstances that he is the reputed
owner thereof, shall be deemed to be the property of the insolvent.
(4) All property which is acquired by or devolves on the insolvent after the date of an order of
adjudication and before his discharge shall forthwith vest in the Court or receiver, and the provisions of
sub-section (2) shall apply in respect thereof.
(5) The property of the insolvent for the purposes of this section shall not include any property (not
being books of account) which is exempted by the Code of Civil Procedure, 1908 (5 of 1908), or by any
other enactment for the time being in force from liability to attachment and sale in execution of a decree.
(6) Nothing in this section shall affect the power of any secured creditor to realise or otherwise deal
with his security, in the same manner as he would have been entitled to realise or deal with it if this
section had not been passed.
(7) An order of adjudication shall relate back to, and take effect from, the date of the presentation of
the petition on which it is made.
**28A. Insolvent's property to comprise certain capacity.—[1][The property of the insolvent shall**
comprise and shall In always be deemed to have comprised also the capacity to exercise and to take
proceedings for exercising all such powers in or over or in respect of property as might have been
exercised by the insolvent for his own benefit at the commencement of his insolvency or before his
discharge:
Provided that nothing in this section shall affect any sale, mortgage or other transfer of the property of
the insolvent by a Court or receiver or the Collector acting under section 60 made before the
commencement of the Provincial Insolvency (Amendment) Act, 1948 (25 of 1948) which has been the
subject of a final decision by a competent Court:
Provided further that the property of the insolvent shall not be deemed by reason of anything
contained in this section to comprise his capacity referred to in this section in respect of any such sale,
mortgage or other transfer of property made in the State of Madras after the 28th day of July, 1942, and
before the commencement of the Provincial Insolvency (Amendment) Act, 1948 (25 of 1948).]
1. Ins. by Act 25 of 1948, s. 2.
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**29. Stay of pending proceeding.—Any Court in which a suit or other proceeding is pending against**
a debtor shall, on proof that an order of adjudication has been made against him under this Act, either stay
the proceeding, or allow it to continue on such terms as such Court may impose.
**30. Publication of order of adjudication.—**
Notice of an order of adjudication stating the name, address and description of the insolvent, the date
of the adjudication, the period within which the debtor shall apply for his discharge, and the Court by
which the adjudication is made, shall be published in the Official Gazette and in such other manner as
may be prescribed.
_Proceedings consequent on order of adjudication_
**31. Protection order.—(1) Any insolvent in respect of whom an order of adjudication has been made**
may apply to the Court for protection, and the Court may on such application make an order for the
protection of the insolvent from arrest or detention.
(2) A protection order may apply either to all the debts of the debtor, or to any of them as the Court
may think proper, and may commence and take effect at and for such time as the Court may direct, and
may be revoked or renewed as the Court may think fit.
(3) A protection order shall protect the insolvent from being arrested or detained in prison for any
debt to which such order applies, and any insolvent arrested or detained contrary to the terms of such an
order shall be entitled to his release:
Provided that no such order shall operate to prejudice the rights of any creditor in the event of such
order being revoked or the adjudication annulled.
(4) Any creditor shall be entitled to appear and oppose the grant of a protection order.
**32.** **Power to arrest after adjudication.—At any time after an order of adjudication has been made,**
the Court may, if it has reason to believe on the application of any creditor or the receiver that the debtor
has absconded or departed from the local limits of its jurisdiction with intent to avoid any obligation
which has been, or might be, imposed on him by or under this Act, order a warrant to issue for his arrest,
and on his appearing or being brought before it, may, if satisfied that he was absconding or had departed
with such intent, order his release on such terms as to security as may be reasonable or necessary, or if
such security is not furnished, direct that he shall be detained in the civil prison for a period which may
extend to three months.
**33. Schedule of creditors.—(1) When an order of adjudication has been made under this Act, all**
persons alleging themselves to be creditors of the insolvent in respect of debts provable under this Act
shall tender proof of their respective debts by producing evidence of the amount and particulars thereof,
and the Court shall, by order, determine the persons who have proved themselves to be creditors of the
insolvent in respect of such debts, and the amount of such debts, respectively, and shall frame a schedule
of such persons and debts:
Provided that, if, in the opinion of the Court, the value of any debt is incapable of being fairly
estimated, the Court may make an order to that effect, and thereupon the debt shall not be included in the
schedule.
(2) A copy of every such schedule shall be posted in the Court-house.
(3) Any creditor of the insolvent may, at any time before the discharge of the insolvent, tender proof
of his debt and apply to the Court for an order directing his name to be entered in the schedule as a
creditor in respect of any debt provable under this Act, and not entered in the schedule, and the Court,
after causing notice to be served on the [1][receiver] and the other creditors who have proved their debts,
and hearing their objections (if any), shall comply with or reject the application.
1. Subs. by Act 39 of 1926, s. 2, for “Insolvent”.
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**34. Debts provable under the Act.—(1) Debts which have been excluded from the schedule on the**
ground that their value is incapable of being fairly estimated and demands in the nature of unliquidated
damages arising otherwise than by reason of a contract or a breach of trust shall not be provable under
this Act.
(2) Save as provided by sub-section (1), all debts and liabilities, present or future, certain or
contingent, to which the debtor is subject when he is adjudged an insolvent, or to which he may become
subject before his discharge by reason of any obligation incurred before the date of such adjudication,
shall be deemed to be debts provable under this Act.
_Annulment of adjudication_
**35.** **Power to annul adjudication of insolvency.—Where, in the opinion of the Court, a debtor ought**
not to have been adjudged insolvent, or where it is proved to the satisfactory of the Court that the debts of
the insolvent have been paid in full, the Court shall, on the application of the debtor, or of any other
person interested, by order in writing, annul the adjudication [1][and the Court may, of its own motion or on
application made by the receiver or any creditor, annul any adjudication made on the petition of a debtor
who was, by reason of the provisions of sub-section (2) of section 10, not entitled to present such
petition].
**36.** **Power to cancel one of concurrent orders of adjudication.—If, in any case in which an order**
of adjudication has been made, it shall be proved to the Court by which such order was made that
insolvency proceedings are pending in another Court against the same debtor, and that the property of the
debtor can be more conveniently distributed by such other Court, the Court may annul the adjudication or
stay all proceedings thereon.
**37.** **Proceedings on annulment.—(1) Where an adjudication is annulled, all sales and dispositions**
of property and payments duly made, and all acts theretofore done, by the Court or receiver, shall be
valid; but, subject as aforesaid, the property of the debtor who was adjudged insolvent shall vest in such
person as the Court may appoint or, in default of any such appointment, shall revert to the debtor to the
extent of his right or interest therein on such conditions (if any) as the Court may, by order in writing,
declare.
(2) Notice of every order annulling an adjudication shall be published in the Official Gazette and in
such other manner as may be prescribed.
_Compositions and schemes of arrangement_
**38.** **Compositions and schemes of arrangement.—(1) Where a debtor, after the making of an order**
of adjudication, submits a proposal for a composition in satisfaction of his debts, or a proposal for a
scheme of arrangement of his affairs, the Court shall fix a date for the consideration of the proposal, and
shall issue a notice to all creditors in such manner as may be prescribed.
(2) If, on the consideration of the proposal, a majority in number and three-fourths in value of all the
creditors whose debts are proved and who are present in person or by pleader, resolve to accept the
proposal, the same shall be deemed to be duly accepted by the creditors.
(3) The debtor may at the meeting amend the terms of his proposal if the amendment is, in the
opinion of the Court, calculated to benefit the general body of creditors.
(4) Where the Court is of opinion, after hearing the report of the receiver, if a receiver has been
appointed, and after considering any objections which may be made by or on behalf of any creditor, that
the terms of the proposal are not reasonable or are not calculated to benefit the general body of creditors,
the Court shall refuse to approve the proposal.
(5) If any facts are proved on proof of which the Court would be required either to refuse, suspend or
attach conditions to the debtor's discharge, the Court shall refuse to approve the proposal unless it
provides reasonable security for payment of not less than six annas in the rupee on all the unsecured debts
provable against the debtor's estate.
1. Ins. by Act 11 of 1927, s. 5.
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(6) No composition or scheme shall be approved by the Court which does not provide for the
payment in priority to other debts of all debts directed to be so paid in the distribution of the property of
an insolvent.
(7) In any other case the Court may either approve or refuse to approve the proposal.
**39. Order on approval.—If the Court approves the proposal, the terms shall be embodied in an order**
of the Court, and [1] [***] the order of adjudication shall be annulled, and the provisions of
section 37 shall apply, and the composition or scheme shall be binding on all the creditors [2][so far as
relates to any debt due to them from the debtor and provable under this Act].
**40. Power to re-adjudge debtor insolvent.—If default is made in the payment of any installment**
due in pursuance of the composition or scheme, or if it appears to the Court that the composition or
scheme cannot proceed without injustice or undue delay, or that the approval of the Court was obtained
by fraud, the Court may, if it thinks fit, re-adjudge the debtor insolvent and annul the composition or
scheme but without prejudice to the validity of any transfer or payment duly made or of anything duly
done under or in pursuance of the composition or scheme. When a debtor is re-adjudged insolvent under
this section, all debts provable in other respects which have been contracted before the date of such readjudication shall be provable in the insolvency.
_Discharge_
**41. Discharge.—(1) A debtor may, at any time after the order of adjudication and shall, within the**
period specified by the Court, apply to the Court for an order of discharge, and the Court shall fix a day,
notice whereof shall be given in such manner as may be prescribed, for hearing such application, and any
objections which may be made thereto.
(2) Subject to the provisions of this section, the Court may, after considering the objections of any
creditor and, where a receiver has been appointed, the report of the receiver—
(a) grant or refuse an absolute order of discharge; or
(b) suspend the operation of the order for a specified time; or
(c) grant an order of discharge subject to any conditions with respect to any earnings or income
which may afterwards become due to the insolvent, or with respect to his after acquired property.
**42. Cases in which Court must refuse an absolute discharge.—(1) The Court shall refuse to grant**
an absolute order of discharge under section 41 on proof of any of the following facts, namely:—
(a) that the insolvent's assets are not of a value equal to eight annas in the rupee on the amount of
his unsecured liabilities, unless he satisfies the Court that the fact that the assets are not of a value
equal to eight annas in the rupee on the amount of his unsecured liabilities has arisen from
circumstances for which he cannot justly be held responsible;
(b) that the insolvent has omitted to keep such books of account as are usual and proper in the
business carried on by him and as sufficiently disclose his business transactions and financial position
within the three years immediately preceding his insolvency;
(c) that the insolvent has continued to trade after knowing himself to be insolvent;
(d) that the insolvent has contracted any debt provable under this Act without having at the time
of contracting it any reasonable or probable ground of expectation (the- burden of proving which
shall lie on him) that he would be able to pay it;
(e) that the insolvent has failed to account satisfactorily for any loss of assets or for any
deficiency of assets to meet his liabilities;
1. The words “the Court shall frame a schedule in accordance with the provisions of section 33” rep. by Act 10 of 1935, s. 2.
2. Subs. by s. 2, ibid., for “entered in the said schedule so far as relates to any debts entered therein”.
-----
(f) that the insolvent has brought on, or contributed to, his insolvency by rash and hazardous
speculations, or by unjustifiable extravagance in living, or by gambling, or by culpable neglect of his
business affairs;
(g) that the insolvent has, within three months preceding the date of the presentation of the
petition, when unable to pay his debts as they became due, given an undue preference to any of his
creditors;
(h) that the insolvent has on any previous occasion been adjudged an insolvent or made a
composition or arrangement with his creditors;
(i) that the insolvent has concealed or removed his property or any part thereof, or has been guilty
of any other fraud or fraudulent breach of trust.
(2) For the purposes of this section, the report of the receiver shall be deemed to be evidence; and the
Court may presume the correctness of any statement contained therein.
(3) The powers of suspending, and of attaching conditions to, an insolvent's discharge may be
exercised concurrently.
**43.** **Adjudication to be annulled on failure to apply for discharge.—(1) If the debtor does not**
appear on the day fixed for hearing his application for discharge or on such subsequent day as the Court
may direct, or if the debtor does not apply for an order of discharge within the period specified by the
Court, [1][the Court may annul the order of adjudication or make such other order as it may think fit. and if
the adjudication is so annulled, the provisions of section 37 shall apply].
(2) Where a debtor has been released from custody under the provisions of this Act and the order of
adjudication is annulled under sub-section (1), the Court may, if it thinks fit, re-commit the debtor to his
former custody, and the officer in charge of the prison to whose custody such debtor is so re-committed
shall receive such debtor into his custody according to such re-commitment, and thereupon all processes
which were in force against the person of such debtor at the time of such release as aforesaid shall be
deemed to be still in force against him as if no order of adjudication had been made.
**44.** **Effect of order of discharge.—(1) An order of discharge shall not release the insolvent from—**
(a) any debt due to the Government;
(b) any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he
was a party;
(c) any debt or liability in respect of which he has obtained forbearance by any fraud to which he
was a party; or
(d) any liability under an order for maintenance made under section 488 of the Code of Criminal
Procedure, 1898 (5 of 1898).
(2) Save as otherwise provided by sub-section (1), an order of discharge shall release the insolvent
from all debts provable under this Act.
(3) An order of discharge shall not release any person who, at the date of the presentation of the
petition, was a partner or co-trustee with the insolvent, or was jointly bound or had made any joint
contract with him or any person who was surety for him.
PART III
ADMINISTRATION OF PROPERTY
_Method of proof of debts_
**45.** **Debt payable at a future time.—A creditor may prove for a debt not payable when the debtor is**
adjudged an insolvent as if it were payable presently, and may receive dividends equally with the other
creditors, deducting therefrom only a rebate of interest at the rate of six per centum per annum computed
1. Subs. by Act 3 of 1950, s. 7, for "the order of adjudication shall be annulled, and the provisions of section 37 shall apply
accordingly".
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from the declaration of a dividend to the time when the debt would have become payable, according to
the terms on which it was contracted.
**46. Mutual dealings and setoff.—Where there have been mutual dealings between an insolvent and**
a creditor proving or claiming to prove a debt under this Act, an account shall be taken of what is due
from the one party to the other in respect of such mutual dealings, and the sum due from the one party
shall be set off against any sum due from the other party, and the balance of the account, and no more,
shall be claimed or paid on either side respectively.
**47. Secured creditors.—(1) Where a secured creditor realises his security, he may prove for the**
balance due to him, after deducting the net amount realised.
(2) Where a secured creditor relinquishes his security for the general benefit of the creditors, he may
prove for his whole debt.
(3) Where a secured creditor does not either realise or relinquish his security, he shall, before being
entitled to have his debt entered in the schedule, state in his proof the particulars of his security, and the
value at which he assesses it, and shall be entitled to receive a dividend only in respect of the balance due
to him after deducting the value so assessed.
(4) Where a security is so valued, the Court may at any time before realisation redeem it on payment
to the creditor of the assessed value.
(5) Where a creditor, after having valued his security, subsequently realises it, the net amount realised
shall be substituted for the amount of any valuation previously made by the creditor, and shall be treated
in all respects as an amended valuation made by the creditor.
(6) Where a secured creditor does not comply with the provisions of this section, he shall be excluded
from all share in any dividend.
**48. Interest.—(1) On any debt or sum certain whereon interest is not reserved or agreed for, and**
which is overdue when the debtor is adjudged an insolvent, and which is provable under this Act, the
creditor may prove for interest at a rate not exceeding six per centum per annum—
(a) if the debt or sum is payable by virtue of a written instrument at a certain time, from the time
when such debt or sum was payable to the date of such adjudication; or,
(b) if the debt or sum is payable otherwise, from the time when a demand in writing has been
made giving the debtor notice that interest will be claimed from the date of the demand until the time
of payment to the date of such adjudication.
(2) Where a debt which has been proved under this Act includes interest or any pecuniary
consideration in lieu of interest, the interest or consideration shall, for the purposes of dividend, be
calculated at a rate not exceeding six per centum per annum, without prejudice to the right of a creditor to
receive out of the debtor's estate any higher rate of interest to which he may be entitled after all the debts
proved have been paid in full.
**49.** **Mode of proof.—(1) A debt may be proved under this Act by delivering, or sending by post in a**
registered letter, to the Court an affidavit verifying the debt.
(2) The affidavit shall contain or refer to a statement of account showing the particulars of the debt,
and shall specify the vouchers (if any) by which the same can be substantiated. The Court may at any
time call for the production of the vouchers.
**50. Disallowance and reduction of entries in schedule.—(1) Where the receiver thinks that a debt**
has been improperly entered in the schedule, the Court may, on the application of the receiver and after
notice to the creditor, and such inquiry (if any) as the Court thinks necessary, expunge such entry or
reduce the amount of the debt.
(2) The Court may also, after like inquiry, expunge an entry or reduce the amount of a debt upon the
application of a creditor where no receiver has been appointed, or where the receiver declines to interfere
in the matter or, in the case of a composition or scheme, upon the application of the debtor.
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_Effect of insolvency on antecedent transaction_
**51. Restriction of rights of creditor under execution.—(1) Where execution of a decree has issued**
against the property of a debtor, no person shall be entitled to the benefit of the execution against the
receiver except in respect of assets realised in the course of the execution by sale or otherwise before the
date of the admission of the petition.
(2) Nothing in this section shall affect the rights of a secured creditor in respect of the property
against which the decree is executed.
(3) A person who in good faith purchases the property of a debtor under a sale in execution shall in all
cases acquire a good title to it against the receiver.
**52. Duties of Court executing decree as to property taken in execution.—Where execution of a**
decree has issued against any property of a debtor which is saleable in execution and before the sale
thereof notice is given to the Court executing the decree that an insolvency petition by or against the
debtor has been admitted, the Court shall, on application, direct the property, if in the possession of the
Court, to be delivered to the receiver, but the costs of the suit in which the decree was made and of the
execution shall be a first charge on the property so delivered, and the receiver may sell the property or an
adequate part thereof for the purpose of satisfying the charge.
**53. Avoidance of voluntary transfer.—Any transfer of property not being a transfer made before**
and in consideration of marriage or made in favour of a purchaser or incumbrancer in good faith and for
valuable consideration shall, if the transferor is adjudged insolvent [1][on a petition presented] within two
years after the date of the transfer, be void able as against the receiver and may be annulled by the Court.
**54. Avoidance of preference in certain cases.—(1) Every transfer of property, every payment made,**
every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his
debts as they become due from his own money in favour of any creditor, with a view of giving that
creditor a preference over the other creditors, shall, if such person is adjudged insolvent on a petition
presented within three months after the date thereof, be deemed fraudulent and void as against the
receiver, and shall be annulled by the Court.
(2) This section shall not affect the rights of any person who in good faith and for valuable
consideration has acquired a title through or under a creditor of the insolvent.
**54A. By whom petitions for annulment may be made.—[2][A petition for the annulment of any**
transfer under section 53, or of any transfer, payment, obligation or judicial proceeding under section 54,
may be made by the receiver or, with the leave of the Court, by any creditor who has proved his debt and
who satisfies the Court that the receiver has been requested and has refused to make such petition.]
**55. Protection of bona fide transactions.—Subject to the foregoing provisions of this Act with**
respect to the effect of insolvency on an execution, and with respect to the avoidance of certain transfers
and preferences, nothing in this Act shall invalidate in the case of an insolvency—
(a) any payment by the insolvent to any of his creditors;
(b) any payment or delivery to the insolvent;
(c) any transfer by the insolvent for valuable consideration; or
(d) any contract or dealing by or with the insolvent for valuable consideration:
Provided that any such transaction takes place before the date of the order of adjudication, and that
the person with whom such transaction takes place has not at the time notice of the presentation of any
insolvency petition by or against the debtor.
**56.** **Appointment of Receiver.—(1) The Court may, at the time of the order of adjudication, or at any**
time afterwards, appoint a receiver for the property of the insolvent, and such property shall thereupon
vest in such receiver.
1. Ins. by Act 10 of 1930, s. 6.
2. Ins. by Act 39 of 1926, s. 3.
-----
(2) Subject to such conditions as may be prescribed, the Court may—
(a) require the receiver to give such security as it thinks fit duly to account for what he shall
receive in respect of the property; and
(b) by general or special order, fix the amount to be paid as remuneration for the services of the
receiver out of the assets of the insolvent.
(3) Where the Court appoints a receiver, it may remove the person in whose possession or custody
any such property as aforesaid is from the possession or custody thereof:
Provided that nothing in this section shall be deemed to authorize the Court to remove from the
possession or custody of property any person whom the insolvent has not a present right so to remove.
(4) Where a receiver appointed under this section—
(a) fails to submit his accounts at such periods and in such form as the Court directs, or
(b) fails to pay the balance due from him thereon as the Court directs, or
(c) occasions loss to the property by his willful default or gross negligence,
the Court may direct his property to be attached and sold, and may apply the proceeds to make good
any balance found to be due from him or any loss so occasioned by him.
(5) The provisions of this section shall apply, so far as may be, to interim receivers appointed under
section 20.
**57. Power to appoint Official Receivers.—(1) The State Government may appoint such persons as it**
thinks fit (to be called "Official Receivers") to be receivers under this Act within such local limits as it
may prescribe.
(2) Where any Official Receiver has been so appointed for the local limits of the jurisdiction of any
Court having jurisdiction under this Act, he shall be the receiver for the purpose of every order appointing
a receiver or an interim receiver issued by any such Court, unless the Court for special reasons otherwise
directs.
(3) Any sum payable under clause (b) of sub-section (2) of section 56 in respect of the services of an
Official Receiver shall be credited to such fund as the State Government may direct.
(4) Every Official Receiver shall receive such remuneration out of the said fund or otherwise as the
State Government may fix in this behalf, and no remuneration whatever beyond that so fixed shall be
received by the Official Receiver as such.
**58. Powers of Court if no receiver appointed.—Where no receiver is appointed, the Court shall**
have all the rights of, and may exercise all the powers conferred on, a receiver under this Act.
**59. Duties and powers of receiver.—Subject to the provisions of this Act, the receiver shall, with all**
convenient speed, realise the property of the debtor and distribute dividends among the creditors entitled
thereto, and for that purpose may—
(a) sell all or any part of the property of the insolvent;
(b) give receipts for any money received by him;
and may, by leave of the Court, do all or any of the following things, namely:—
(c) carry on the business of the insolvent so far as may be necessary for the beneficial winding up
of the same;
(d) institute, defend or continue any suit or other legal proceeding relating to the property of the
insolvent;
(e) employ a pleader or other agent to take any proceedings or do any business which may be
sanctioned by the Court;
-----
(f) accept as the consideration for the sale of any property of the insolvent a sum of money
payable at a future time subject to such stipulations as to security and otherwise as the Court thinks
fit;
(g) mortgage or pledge any part of the property of the insolvent for the purpose of raising money
for the payment of his debts;
(h) refer any dispute to arbitration, and compromise all debts, claims and liabilities, on such terms
as may be agreed upon; and
(i) divide in its existing form amongst the creditors, according to its estimated value, any property
which, from its peculiar nature or other special circumstances, cannot readily or advantageously be
sold.
**59A. Power to require information regarding insolvent's property.—[1][(1) The Court, if specially**
empowered in this behalf by an order of the State Government, or any officer of the Court so empowered
by a like order, may, on the application of the receiver or any creditor who has proved his debt, at any
time after an order of adjudication has been made, summon before it in the prescribed manner any person
known or suspected to have in his possession any property belonging to the insolvent, or supposed to be
indebted to the insolvent, or any person whom the Court or such officer, as the case may be, may deem
capable of giving information respecting the insolvent or his dealings or property, and the Court or such
officer may require any such person to produce any documents in his custody or power relating to the
insolvent or to his dealings or property.
(2) If any person so summoned, after having been tendered a reasonable sum, refuses to come before
the Court or such officer at the time appointed, or refuses to produce any such document, having no
lawful impediment made known to and allowed by the Court or such officer, the Court or such officer
may, by warrant, cause him to be apprehended and brought up for examination.
(3) The Court or such officer may examine any person so brought before it or him concerning the
insolvent, his dealings or property and such person may be represented by a legal practitioner.]
**60.** **Special provisions in regard to immovable property.—(1) In any local area in which a**
declaration has been made under section 68 of the Code of Civil Procedure, 1908 (5 of 1908), and is in
force, no sale of immovable property paying revenue to the Government or held or let for agricultural
purposes shall be made by the receiver; but, after the other property of the insolvent has been realised, the
Court shall ascertain—
(a) the amount required to satisfy the debts proved under this Act after deducting the monies
already received;
(b) the immovable property of the insolvent remaining unsold; and
(c) the incumbrances (if any) existing thereon;
and shall forward a statement to the Collector containing the particulars aforesaid; and thereupon the
Collector shall proceed to raise the amount so required by the exercise of such of the powers conferred on
him by paragraphs 2 to 10 of the Third Schedule to the said Code as he thinks fit, and subject to the
provisions of those paragraphs so far as they are applicable, and shall hold at the disposal of the Court all
sums that may come to his hands by the exercise of such powers.
(2) Nothing in this Act shall be deemed to affect any provisions of any enactment for the time being
in force prohibiting or restricting the execution of decrees or orders against immovable property; and any
such provisions shall be deemed to apply to the enforcement of an order of adjudication made under this
Act as if it were such a decree or order[2].
1. Ins. by Act 39 of 1926, s. 4.
2. In the application of the Act to the Punjab, a new sub-section (3) has been added here by the Provincial Insolvency (Punjab
Amendment) Act, 1939 (Pun. 3cf of 1939), s. 2.
-----
**61. Priority of debts.—(1) In the distribution of the property of the insolvent, there shall be paid in**
priority to all other debts—
(a) all debts due to the Government or to any local authority; and
(b) all salary or wages, not exceeding twenty rupees in all, of any clerk, servant or labourer in
respect of services rendered to the insolvent during four months before the date of the presentation of
the petition.
(2) The debts specified in sub-section (1) shall rank equally between themselves, and shall be paid in
full, unless the property of the insolvent is insufficient to meet them, in which case they shall abate in
equal proportions between themselves.
(3) Subject to the retention of such sums as may be necessary for the expenses of administration or
otherwise, the debts specified in sub-section (1) shall be discharged forthwith in so far as the property of
the insolvent is sufficient to meet them.
(4) In the case of partners, the partnership property shall be applicable in the first instance in payment
of the partnership debts, and the separate property of each partner shall be applicable in the first instance
in payment of his separate debts. Where there is a surplus of the separate property of the partners, it shall
be dealt with as part of the partnership property; and where there is a surplus of the partnership property,
it shall be dealt with as part of the respective separate property in proportion to the rights and interests of
each partner in the partnership property.
(5) Subject to the provisions of this Act, all debts entered in the schedule shall be paid rateably
according to the amounts of such debts respectively and without any preference.
(6) Where there is any surplus after payment of the foregoing debts, it shall be applied in payment of
interest from the date on which the debtor is adjudged an insolvent at the rate of six per centum per
annum on all debts entered in the schedule.
**62. Calculation of dividends.—(1) In the calculation of dividends, the receiver shall retain in his**
hands sufficient assets to meet—
(a) debts provable under this Act and appearing, from the insolvent's statements or otherwise, to
be due to persons resident in places so distant that in the ordinary course of communication they have
not had sufficient time to tender their proofs;
(b) debts provable under this Act, the subject of claims not yet determined;
(c) disputed proofs or claims; and
(d) the expenses necessary for the administration of the estate or otherwise.
(2) Subject to the provisions of sub-section (1), all money in hand shall be distributed as dividends.
**63. Right of creditor who has not proved debt before declaration of a dividend.—Any creditor**
who has not proved his debt before the declaration of any dividend or dividends shall be entitled to be
paid, out of debt any money for the time being in the hands of the receiver, any of dividend or dividends
which he may have failed to receive before at money is applied to the payment of any future dividend or
dividends; but he shall not be entitled to disturb the distribution of any dividend declared before his debt
was proved by reason that he as not participated therein.
**64. Final dividend.—When the receiver has realised all the property of the insolvent or so much**
thereof as can, in the opinion of the Court, be realised without needlessly protracting the receivership, he
shall declare a final dividend; but before so doing, he shall give notice in manner prescribed to the
persons whose claims to be creditors have been notified but not proved, that if they do not prove their
claims within the time limited by the notice, he will proceed to make a final dividend without regard to
their claims. After the expiration of the time so limited, or if the Court, on application by any such
claimant, grants him further time for establishing his claim, then any the expiration of such further time,
the property of the insolvent shall be divided among the creditors entered in the schedule without regard
to the claims of any other persons.
-----
**65. No suit for dividend.—No suit for a dividend shall lie against the receiver; but where the**
receiver refuses to pay any dividend, the Court may, on the application of any creditor who is entered in
the schedule, order him to pay it, and also to pay out of his own money interest thereon for the time that it
is withheld, and the costs of the application.
**66. Management by and allowance to insolvent.—(1) The Court may appoint the insolvent himself**
to superintend the management of the property of the insolvent or of any part thereof, or to carry on the
trade (if any) of the insolvent force in the benefit of the creditors, and in any other respect to aid in
administering the property in such manner and on such terms as the Court may direct.
(2) The Court may, from time to time, make such allowance as it may think just to the insolvent out
of his property for the support of himself and his family, or in consideration of his services if he is
engaged in winding up his estate; but any such allowance may, at any time, be varied or determined by
the Court.
**67. Right of insolvent to surplus.—The insolvent shall be entitled to any surplus remaining after**
payment in full of his creditors with interest as provided by this Act, and of the expenses of the
proceedings taken thereunder.
**67A. Committee of inspection.—[1][(1) The Court may, if it thinks fit authorize the creditors who**
have proved their debts to appoint a committee of inspection for the purpose of superintending the
administration of the insolvent's property by the receiver.
(2) The persons appointed to a committee of inspection shall be creditors who have proved their debts
or persons holding general powers-of-attorney from such creditors.
(3) The committee of inspection shall have such powers of control over the proceedings of the
receiver as may be prescribed.]
**Appeal to Court against receiver**
**68.** **Appeal to Court against receiver.—If the insolvent or any of the creditors or any other person is**
aggrieved by any act or decision of the receiver, he may apply to the Court, and the Court may confirm,
reverse or modify the act or decision complained of, and make such order as it thinks just:
Provided that no application under this section shall be entertained after the expiration of twenty-one
days from the date of the act or decision complained of.
PART IV
PENALTIES
**69. Offences by debtors.—If a debtor, whether before or after the making of an order of**
adjudication,—
(a) willfully fails to perform the duties imposed on him by section 22 or to deliver up possession of
any part of his property which is divisible among his creditors under this Act, and which is for the time
being in his possession or under his control to the Court or to any person authorized by the Court to take
possession of it, or
(b) fraudulently with intent to conceal the state of his affairs or to defeat the objects of this Act,—
(i) has destroyed or otherwise willfully prevented or purposely withheld the production of any
document relating to such of his affairs as are subject to investigation under this Act, or
(ii) has kept or caused to be kept false books, or
(iii) has made false entries in or withheld entries from or willfully altered or falsified any
document relating to such of his affairs as are subject to investigation under this Act, or
(c) fraudulently with intent to diminish the sum to be divided among his creditors or to give an undue
preference to any of his creditors,—
1. Ins. by Act 39 of 1926, s. 5.
-----
(i) has discharged or concealed any debt due to or from him, or
(ii) has made away with, charged, mortgaged or concealed any part of his property of any kind
whatsoever,
he shall be punishable on conviction [1]*** with imprisonment which may extend to one year.
**70. Procedure on charge under section 69.—[2][Where the Court is satisfied, after such preliminary**
inquiry, if any, as it thinks necessary, that there is ground for inquiring into any offence referred to in
section 69 and appearing to have been committed by the insolvent, the Court may record a finding to that
effect and make a complaint of the offence in writing to a Magistrate of the first class having jurisdiction,
and such Magistrate shall deal with such complaint in the manner laid down in the Code of Criminal
Procedure, 1898 (5 of 1898)].
**71. Criminal liability after discharge or composition.—Where an insolvent has been guilty of any**
of the offence so specified in section 69, he shall not be exempt from being proceeded against therefore
by reason that he has obtained his discharge or that a composition or scheme of arrangement has been
accepted or approved.
**72. Undischarged insolvent obtaining credit.—(1) An undischarged insolvent obtaining credit to**
the extent of fifty rupees or upwards from any person without informing such person that he is an
undischarged insolvent shall, on conviction by a Magistrate, be punishable with imprisonment for a term
which may extend to six months, or with fine or with both.
(2) Where the Court has reason to believe that an undischarged insolvent has committed the offence
referred to in sub-section (1), the Court, after making any preliminary inquiry that may be necessary, may
send the case for trial to the nearest Magistrate of the first class, and may send the accused in custody or
take sufficient security for his appearance before such Magistrate; and may bind over any person to
appear and give evidence on such trial.
**73.** **Disqualifications of insolvent.—(1) Where a debtor is adjudged or re-adjudged insolvent under**
this Act, he shall, subject to the provisions of this section, be in disqualified from—
(a) being appointed or acting as a Magistrate;
(b) being elected to any office of any local authority where the appointment to such office is by
election or holding or exercising any such office to which no salary is attached; and
(c) being elected or sitting or voting as member of any local authority.
(2) The disqualifications which an insolvent is subject to under this section shall be removed, and
shall cease if—
(a) the order of adjudication is annulled under section 35, or
(b) he obtains from the Court an order of discharge, whether absolute or conditional, with a
certificate that his insolvency was caused by misfortune without any misconduct on his part.
(3) The Court may grant or refuse such certificate as it thinks fit, but any order of refusal shall be
subject to appeal.
PART V
SUMMARY ADMINISTRATION
**74. Summary administration.—When a petition is presented by or against a debtor, if the Court is**
satisfied by affidavit or otherwise that the property of the debtor is not likely to exceed in value five
hundred rupees[3] the Court may make an order that the debtor's estate be administered in a summary
manner, and thereupon the provisions of this Act shall be subject to the following modifications,
namely:—
1. The words “by the Court” rep by Act 12 of 1927, s. 2 and Schedule.
2. Subs. by Act 9 of 1926, s. 11, as amended by Act 10 of 1927, s. 3 and Schedule II, for the original section.
3. In Punjab read “two thousand rupees”, see the Punjab Relief of Indebtedness Act, 1934 (Pun. 7 of 1937), s. 4.
-----
(i) unless the Court otherwise directs, no notice required under this Act shall be published in the
Official Gazette;
(ii) on the admission of a petition by a debtor, the property of the debtor shall vest in the Court as
a receiver;
(iii) at the hearing of the petition, the Court shall inquire into the debts and assets of the debtor
and determine the same by order in writing, and it shall not be necessary to frame a schedule under
the provisions of section 33;
(iv) the property of the debtor shall be realised with all reasonable dispatch and thereafter, when
practicable, distributed in a single dividend;
(v) the debtor shall apply for his discharge within six months from the date of adjudication; and
(vi) such other modifications as may be prescribed with the view of saving expense and
simplifying procedure:
Provided that the Court may at any time direct that the ordinary procedure provided for in this Act
shall be followed in regard to the debtor's estate, and thereafter the Act shall have effect accordingly.
PART VI
APPEALS
**75. Appeals.—(1) The debtor, any creditor, the receiver or any other person aggrieved by a decision**
come to or an order made in the exercise of insolvency jurisdiction by a Court subordinate to a District
Court may appeal to the District Court, and the order of the District Court upon such appeal shall be final:
Provided that the High Court, for the purpose of satisfying itself that an order made in any appeal
decided by the District Court was according to law, may call for the case and pass such order with respect
thereto as it thinks fit:
Provided, further, that any such person aggrieved by a decision of the District Court on appeal from a
decision of a subordinate Court under section 4 may appeal to the High Court on any of the grounds
mentioned in sub-section (1) of section 100 of the Code of Civil Procedure, 1908 (5 of 1908).
(2) Any such person aggrieved by any such decision or order of a District Court as is specified in
Schedule I, come to or made otherwise than in appeal from an order made by a subordinate Court, may
appeal to the High Court.
(3) Any such person aggrieved by any other order made by a District Court otherwise than in appeal
from an order made by a subordinate Court may appeal to the High Court by leave of the District Court or
of the High Court.
(4) The periods of limitation for appeals to the District Court and to the High Court under this section
shall be thirty days and ninety days, respectively.
PART VII
MISCELLANEOUS
**76. Costs.—The costs of any proceeding under this Act, including the costs of maintaining a debtor**
in the civil prison, shall subject to any rules made under this Act, be in the discretion of the Court in
which the proceeding is had.
**77. Courts to be auxiliary to each other.—All Courts having jurisdiction in insolvency and the**
officers of such Courts, respectively, shall severally act in aid of and be auxiliary to each other in all
matters of insolvency, and an order of a Court seeking aid with a request to another of the said Courts
shall be deemed sufficient to enable the latter Court to exercise, in regard to the matters directed by the
order, such jurisdiction as either of such Courts could exercise in regard to similar matters within their
respective jurisdictions.
-----
**78. Limitation.—(1) The provisions of sections 5 and 12 of the Indian Limitation Act, 1908**
(9 of 1908), shall apply to appeals and applications under this Act, and for the purpose of the said section
12, a decision under section 4 shall be deemed to be a decree.
(2) Where an order of adjudication has been annulled under this Act, in computing the period of
limitation prescribed for any suit or application for the execution of a decree (other than a suit or
application in respect of which the leave of the Court was obtained under sub-section (2) of section 28)
which might have been brought or made but for the making of an order of adjudication under this Act, the
period from the date of the order of adjudication to the date of the order of annulment shall be excluded:
Provided that nothing in this section shall apply to a suit or application in respect of a debt provable
but not proved under this Act.
**79. Power to make rules.—[1][(1) The High Court may, with the previous sanction of the State**
Government, make rules for carrying into effect the provisions of this Act.]
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide
2[(a) the form of the insolvency noice under clause (a), and the manner in which such notice may
be served under clause (b), of sub-section (3) of section 6;]
3[(aa)] for the appointment and remuneration of receivers (other than Official Receivers), the
audit of the account of all receivers and the costs of such audit,[4]
(b) for meetings of creditors,
(c) for the procedure to be followed where the debtor is a firm, [5]***
(d) for the procedure to be followed in the case of estates to be administered in a summary
manner, [6][and (e) for any matter which is to be or may be prescribed.]
(3) All rules made under this section shall be published [7]*** in the Official Gazette, [8]*** and shall,
on such publication, have effect as if enacted in this Act.
**80. Delegation of powers to Official Receivers.—(1) The High Court, with the like sanction, may**
from time to time direct that, in any matters in respect of which jurisdiction is given to the Court by this
Act, the Official Receiver shall, subject to the directions of the Court, have all or any of the following
powers, namely:
9* * * *
(b) to frame schedules and to admit or reject proofs of creditors;
[9]* * * *
(e) to make interim orders in any case of urgency; and
(f) to hear and determine any unopposed or ex-parte application.
(2) Subject to the appeal to the Court provided for by section 68, any order made or act done by the
Official Receiver in the exercise of the said powers shall be deemed the order or act of the Court.
1. Subs. by the A.O. 1937, for the original sub-section.
2. Ins. by Act 28 of 1978, s. 3 (w.e.f. 1-9-1979).
3. Cl. (a) re-lettered as cl. (aa) thereof by s. 3, ibid. (w.e.f. 1-9-1979).
4. In the application of the Act to Bombay, a new cl. (aa) has been ins. here by the Presidency-towns Insolvency and the
Provincial Insolvency (Bombay Amendment) Act, 1939 (Bom. 15 of 1939), s. 3.
5. The word “and” rep. by Act 39 of 1926, s. 6.
6. Ins. by s. 6, ibid.
7. The words “in the Gazette of India or” rep. by the A.O. 1937.
8. The words “as the case may be,” rep. ibid.
9. Clause (a), (c) and (d) rep. by Act 39 of 1926, s.7.
-----
**81.** **Power of State Government to bar application of certain provisions to certain**
**Courts.—Any State Government [1]*** may, by notification in the Official Gazette, declare that any of the**
provisions of this Act specified in Schedule II shall not apply to insolvency proceedings in any Courts or
Courts having jurisdiction under this Act in any part of the territories administered by such Government.
**82. Savings.—Nothing in this Act shall.—**
(a) affect the Presidency-towns Insolvency Act, 1909 (3 of 1909), [2]*** or
(b) apply to cases to which Chapter IV of the Dekkan Agriculturists Relief Act, 1879 (17 of 1879), is
applicable.
**83. [Repeals.] Omitted by the Repealing Act 12 of 1927, s. 2 and the Schedule.**
(2) Where in any enactment or instrument in force at the date of the commencement of this Act,
reference is made to Chapter XX (Of Insolvent Judgment-debtors) of the Code of Civil Procedure, 1877
(10 of 1877), or of the Code of Civil Procedure, 1882 (14 of 1882), or to any section of either of those
Chapters, such reference shall, so far as may be practicable, be construed as applying to this Act or to the
corresponding section thereof.
1. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and Schedule I.
2. The words and figures “or s. 8 of the Lower Burma courts Act, 1900” omitted by Act 8 of 1930, s. 3 and Schedule II.
-----
SCHEDULE I
[See section 75 (2)]
DECISIONS AND ORDERS FROM WHICH AN APPEAL LIES TO THE HIGH COURT UNDER SECTION 75(2).
Section Nature of decision or order
4 Decision of questions of title, priority, etc., arising in insolvency.
25 Order dismissing a petition.
26 Order awarding compensation.
27 Order of adjudication
33 Orders regarding entries in the schedule.
35 Order annulling adjudication.
37 Order declaring the conditions on which the debtor's property shall revert to him on
annulment of adjudication.
41 Order on applied on for discharge.
50 Order disallowing or reducing entries in the schedule.
53 Order annulling a voluntary transfer.
54 Decision that a transfer of property is a preference in favour of a creditor.
1* * * * *
1. The entry relating to s. 69 was rep. by Act 12 of 1927, s. 2 and Schedule.
-----
SCHEDULE II
(See section 81)
PROVISIONS OF THE ACT APPLICATION OF WHICH MAY BE BARRED BY STATE GOVERNMENTS
Provisions of the Act Subject
Section
26 Award of compensation.
28, Sub-section (3). Reputed property of an insolvent.
34 Debts provable under the Act
38
39 Compositions and schemes of arrangement.
40
42, sub-sections (1)
and (2)
45
46
Obligation to refuse absolute discharge.
47 Method of proof of debts.
48
51
52
53 Effect of insolvency on antecedent transaction
54
55
61 [except clause (a)
of sub-section (1)
and sub-section (4)].
62
63
Priority of debts.
64 Dividends.
65
66 Management by an allowance to insolvent.
72 Penalty for obtaining of credit by undischarged insolvent.
-----
SCHEDULE III.—[Enactments repealed.] _Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and_
_Schedule._
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|
20-Mar-1920 | 14 | The Charitable and Religious Trusts Act, 1920 | https://www.indiacode.nic.in/bitstream/123456789/2367/1/AA1920___14.pdf | central | THE CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920
_______
ARRANGEMENT OF SECTIONS
_______
SECTIONS
1. Short title and extent.
2. Interpretation.
3. Power to apply to the Court in respect of trusts of a charitable or religious nature.
4. Contents and verification of petition.
5. Procedure on petition.
6. Failure of trustee to comply with order under section 5
7. Powers of trustee to apply for directions.
8. Costs of petition under this Act.
9. Savings.
10. Power of Courts as to costs in certain suits against trustees of charitable and religious trusts.
11. Provisions of the Code of Civil Procedure to apply.
12. Barring of appeals.
1
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THE CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920
# ACT NO. 14 OF 1920
[20th March, 1920.]
An Act to provide more effectual control over the administration of Charitable and Religious Trusts.
WHEREAS it is expedient to provide facilities for the obtaining of information regarding trusts
created for public purposes of a charitable or religious nature, and to enable the trustees of such trusts
to obtain the directions of a Court on certain matters, and to make special provision for the payment of
the expenditure incurred in certain suits against the trustees of such trusts; It is hereby enacted as
follows:—
**1. Short title and extent.— (1) This Act may be called the Charitable and Religious Trusts Act,**
1920.
(2) It extends[1 ]to the whole of India [2][ *except the State of Jammu and Kashmir]:
Provided that the [3][Government of any State] may, by notification in the Official Gazette, direct
that this Act, or any specified part thereof, shall not extend to [4][that State or any specified area
therein] or to any specified trust or class of trusts.
**2. Interpretation.— In this Act, unless there is anything repugnant in the subject or context, “the**
Court” means the Court of the District Judge [5][or any other Court empowered in that behalf by the
State Government] and includes the High Court in the exercise of its ordinary original civil
jurisdiction.
**3. Power to apply to the Court in respect of trusts of a charitable or religious nature.— Save**
as hereinafter provided in this Act, any person having interest in any express or constructive trust
created or existing for public purpose of a charitable or religious nature may apply by petition to the
court within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust
is situate to obtain an order embodying all or any of the following directions, namely:—
(1) directing the trustee to furnish the petitioner through the Court with particulars as to the
nature and objects of the trust, and of the value, condition, management and application of the
subject-matter of the trust, and of the income belonging thereto, or as to any of these matters, and
(2) directing that the accounts of the trust shall be examined and audited:
Provided that no person shall apply for any such direction in respect of accounts relating to a
period more than three years prior to the date of the petition.
**4. Contents and verification of petition.— (1) The petition shall show in what way the petitioner**
claims to be interested in the trust, and shall specify, as far as may be, the particulars and the audit
which he seeks to obtain.
(2) The petition shall be in writing and shall be signed and verified in the manner prescribed by the
Code of Civil Procedure, 1908 (5 of 1908), for signing and verifying plaints.
1. This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and rep. in Orissa by the Orissa Hindu Religious
Endowments Act, 1939 (Orissa 4 of 1939). The provisions of this Act, in so far as they are inconsistent with the provisions of the
Bengal Wakf Act, 1934 (Ben. 13 of 1934), do not apply to any Wakf property in Bengal: see s. 61 of that Act,
This Act has been extended in its application to Dadra and Nagar Haveli (w.e.f. 1.7-1965) by Reg. 6 of 1963, s. 2 and the First
Schedule, to Pondicherry (w.e.f. 1-10-1963): vide Reg. 7 of 1963. s. 3 and the First Schedule and to Goa, Daman and Diu by Reg.
11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1965).
This Act has been declared to be in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3
and the Schedule; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and the Schedule,
This Act shall not apply to any wakf to which the Wakf Act, 1954 (29 of 1954) applies.
This Act has been amended in its application to Rajasthan by Rajasthan Act 42 of 1959.
This Act has ceased to be in Force in its application to the State of Madras by Madras Act 22 of 1959.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule for “except Part B States”.
3. Subs. by the A.O. 1937, for “G.G. in C.”.
4. Subs., ibid., for “any specified province or area”.
5. Ins. by Act 41 of 1923, s. 2.
*. _Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of_
Jammu and Kashmir and the Union territory of Ladakh.
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**5. Procedure on petition.— (1) If the Court on receipt of a petition under section 3, after taking**
such evidence and making such inquiry, if any, as it may consider necessary, is of opinion that the
trust to which the petition relates is a trust to which this Act applies, and that the petitioner has an
interest therein, it shall fix a date for the hearing of the petition, and shall cause a copy thereof,
together with notice of the date so fixed, to be served on the trustee and upon any other person to
whom in its opinion notice of the petition should be given.
(2) On the date fixed for the hearing of the petition, or on any subsequent date to which the hearing
may be adjourned, the Court shall proceed to hear the petitioner and the trustee, if he appears, and any
other person who has appeared in consequence of the notice, or who it considers ought to be heard,
and shall make such further inquiries, if any, as it thinks fit. The trustee may and, if so required by the
Court, shall at the time of the first hearing or within such time as the Court may permit present a
written statement of his case. If he does present a written statement, the statement shall be signed and
verified in the manner prescribed by the Code of Civil Procedure 1908 (5 of 1908), for signing and
verifying pleadings.
(3) If any person appears at the hearing of the petition and either denies the existence of the trust or
denies that it is a trust to which this Act applies, and undertakes to institute within three months a suit
for a declaration to that effect and for any other appropriate relief, the Court shall order a stay of the
proceedings and, if such suit is so instituted, shall continue the stay until the suit is finally decided.
(4) If no such undertaking is given, or if after the expiry of the three months no such suit has been
instituted, the Court shall itself decide the question.
(5) On completion of the inquiry provided for in sub-section (2), the Court shall either dismiss the
petition or pass thereon such other order as it thinks fit:
Provided that, where a suit has been instituted in accordance with the provisions of
sub-section (3), no order shall be passed by the Court which conflicts with the final decision therein.
(6) Save as provided in this section, the Court shall not try or determine any question of title
between the petitioner and any person claiming title adversely to the trust.
**6. Failure of trustee to comply with order under section 5.— If a trustee without reasonable**
excuse fails to comply with an order made under sub-section (5) of section 5, such trustee shall,
without prejudice to any other penalty or liability which he may incur under any law for the time
being in force, be deemed to have committed a breach of trust affording ground for a suit under the
provisions of section 92 of the Code of Civil Procedure, 1908 (5 of 1908); and any such suit may, so
far as it is based on such failure, be instituted without the previous consent of the Advocate General.
**7. Powers of trustee to apply for directions.— (1) Save as hereinafter provided in this Act, any**
trustee of an express or constructive trust created or existing for public purpose of a charitable or
religious nature may apply by petition to the Court, within the local limits of whose jurisdiction any
substantial part of the subject-matter of the trust is situate, for the opinion, advice or direction of the
Court on any question affecting the management or administration of the trust property, and the Court
shall give its opinion, advice or direction, as the case may be, thereon:
Provided that the Court shall not be bound to give such opinion, advice or direction on any
question which it considers to be a question not proper for summary disposal.
(2) The Court on a petition under sub-section (1), may either give its opinion, advice or direction
thereon forthwith, or fix a date for the hearing of the petition, and may direct a copy thereof, together
with notice of the date so fixed, to be served on such of the person interested in the trust, or to be
published for information in such manner, as it thinks fit.
(3) On any date fixed under sub-section (2) or on any subsequent date to which the hearing may be
adjourned, the Court, before giving any opinion, advice or direction, shall afford a reasonable
opportunity of being heard to all persons appearing in connection with the petition.
(4) A trustee stating in good faith the facts of any matter relating to the trust in a petition under
sub-section (1), and acting upon the opinion, advice or direction of the Court given thereon, shall be
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deemed, as far as his own responsibility is concerned, to have discharged his duty as such trustee in
the matter in respect of which the petition was made.
**8. Costs of petition under this Act.— The costs, charges and expenses of and incidental to any**
petition, and all proceedings in connection therewith, under the foregoing provisions of this Act, shall
be in the discretion of the Court, which may direct the whole or any part of any such costs, charges
and expenses to be met from the property or income of the trust in respect of which the petition is
made, or to be borne and paid in such manner and by such persons as it thinks fit:
Provided that no such order shall be made against any person (other than the petitioner) who has
not received notice of the petition and had a reasonable opportunity of being heard thereon.
**9. Savings.— No petition under the foregoing provisions of this Act in relation to any trust shall**
be entertained in any of the following circumstances, namely:—
(a) if a suit instituted in accordance with the provisions of section 92 of the Code of Civil
Procedure 1908 (5 of 1908), is pending in respect of the trust in question;
(b) if the trust property is vested in the Treasurer of Charitable Endowments, the Administrator
General, the Official Trustee, or any Society registered under the Societies Registration Act, 1860
(21 of 1860); or
(c) if a scheme for the administration of the trust property has been settled or approved by any
Court of competent jurisdiction, or by any other authority acting under the provisions of any
enactment.
**10. Power of Courts as to costs in certain suits against trustees of charitable and religious**
**trusts.— (1) In any suit instituted under section 14 of the Religious Endowments Act, 1863 (20 of**
1863), or under section 92 of the Code of Civil Procedure, 1908 (5 of 1908), the Court trying such suit
may, if, on application of the plaintiff and after hearing the defendant and making such inquiry as it
thinks fit, it is satisfied that such an order is necessary in the public interest, direct the defendant either
to furnish security for any expenditure incurred or likely to be incurred by the plaintiff in instituting
and maintaining such suit, or to deposit from any money in his hands as trustee of the trust to which
the suit relates such sum as such Court considers sufficient to meet such expenditure in whole or in
part.
(2) When any money has been deposited in accordance with an order made under subsection (1),
the Court may make over to the plaintiff the whole or any part of such sum for the conduct of the suit.
Before making over any sum to the plaintiff, the Court shall take security from the plaintiff for the
refund of the same in the event of such refund being subsequently ordered by the Court.
**11. Provisions of the Code of Civil Procedure to apply.— (1) The provisions of the Code of**
Civil Procedure, 1908 (5 of 1908), relating to—
(a) the proof of facts by affidavit,
(b) the enforcing of the attendance of any person and his examination on oath,
(c) the enforcing of the production of documents, and
(d) the issuing of commissions,
shall apply to all proceedings under this Act, and the provisions relating to the service of summonses
shall apply to the service of notices thereunder.
(2) The provisions of the said Code relating to the execution of decrees shall, so far as they are
applicable, apply to the execution of orders under this Act.
**12. Barring of appeals.— No appeal shall lie from any order passed or against any opinion,**
advice or direction given under this Act.[1]
1. In the application of this Act to West Bengal, a new s. 13 providing that the provisions of this Act shall not, so far as
they are inconsistent with those of the Bengal Wakf Act, 1934 (Ben. 13 of 1934), apply to any Wakf property in West
Bengal, has been ins.: see Bengal Wakf Act, 1934, s. 81.
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|
20-Mar-1920 | 15 | The Indian Red Cross Society Act, 1920 | https://www.indiacode.nic.in/bitstream/123456789/2368/1/AAAA1920____15.pdf | central | # THE INDIAN RED CROSS SOCIETY ACT, 1920
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# ARRANGEMENT OF SECTIONS
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SECTIONS
1. Short title.
2. Constitution of Indian Red Cross Society.
3. Appointment of Managing Body.
4. Incorporation.
4A. President of the Society.
4B. Composition of Managing Body.
4C. Secretary General and Treasurer of the Society.
4D. Powers and functions of the Chairman and Vice-Chairman.
4E. Powers of the President to supersede the Managing Body.
5. Power to make rules.
6. Dissolution and transfer of property of Joint War Committee.
7. Purposes to which funds of Society may be applied.
8. Constitution of Branch Committees.
9. Affiliation of other Societies.
10. Decision of Managing Body as to purposes final.
11. Receipt and use of gifts.
12. Powers of Branch Committees.
13. Transfer of property to Pakistan.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
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# THE INDIAN RED CROSS SOCIETY ACT, 1920[1]
ACT No. 15 OF 19201
An Act to constitute an Indian Red Cross Society.
[20th March, 1920.]
# WHEREAS it is expedient to provide for the future administration of the various monies
and gifts received from the public for the purpose of medical and other aid to the sick and wounded, and
other purposes of a like nature during the late war, and more especially for the administration of the
monies and property held by a Committee known as the Joint War Committee, Indian Branch, of the
Order of St. John of Jerusalem in England and the British Red Cross Society;
# AND WHEREAS it is expedient to constitute an Indian Red Cross Society with a view to the
continuation in peace time, on a wider basis and with a wider purpose, of the work carried on by the said
Committee during the war, and to provide for the affiliation therewith of other societies and bodies having
similar objects;
It is hereby enacted as follows:—
**1. Short title.—(1) This Act may be called the Indian Red Cross Society Act, 1920.**
2* * * * *
**2. Constitution of Indian Red Cross Society.—There shall be constitued by this Act a**
Society to be known as the Indian Red Cross Society (hereinafter called the Society). The first
members of the Society shall be nominated by persons who immediately before the
commencement of this Act were members of the Joint War Committee, Indian Branch, of the
Order of St. John of Jerusalem in England and the British Red Cross Society (hereinafter called
the Committee) at a meeting to be summoned and held for that purpose in accordance with
the usual practice of the Committee within three months from the commencement of this Act. The
number of members to be so nominated shall not be less than twenty-five or more than fifty.
**3. Appointment of Managing Body.—The Committee shall also at the same meeting**
appoint from among the members nominated under section 2 of the Managing Body of the
Society (hereinafter called the Managing Body), the members of which shall hold office as
such until a new Managing Body is appointed as hereinafter provided. The number of members
of the Managing Body shall not be less than ten or more than thirty.
**4. Incorporation.—The first members of the Society and all persons who may hereafter**
become members thereof so long as they continue so to be, are hereby constituted a body
corporate under the name of the Indian Red Cross Society, and the said body shall have
perpetual succession and a common seal with power to hold and acquire property, moveable
and immoveable, and shall sue and be sued by the said name.
**3[4A. President of the Society.—The President of India shall be the President of the Society**
(hereinafter referred to as the President).
1. The Act has been extended with modifications to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch. (w.e.f. 28-1-1963)
The Act has been extended in its application to the whole of the Union of the Union territory of Lakshadweep (w.e.f. 1-101967) _vide Reg. 8 of 1965, s. 3 and the Schedule and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and_
Schedule.
2. Sub-section (2) omitted by Act 22 of 1956, s. 2.
3. Ins. by Act 14 of 1992, s. 2 (w.e.f. 23-1-1992).
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**4B. Composition of Managing Body.—(1) Notwithstanding anything contained in section 3, the**
Managing Body shall consist of the following members, namely:—
(a) a Chairman to be nominated by the President for such term as he may deem fit;
(b) six members to be nominated by the President for such term as he may deem fit;
(c) twelve members to be elected by the State Branch Committees for a term of two years in
accordance with the rules made by the Managing Body under section 5:
Provided that not more than one member shall be elected by any State Branch Committee:
Provided further that no member, elected under this section shall hold office continuously for more
than two terms.
(2) The Managing Body existing immediately before the commencement of the Indian Red
Cross Society (Amendment) Act, 1992 (14 of 1992) shall case to exist and the Chairman and
all the members of the said Body shall be deemed to have vacated their offices on such
commencement and the Managing Body shall be reconstituted within a period of six months
from such commencement in accordance with the provisions of sub-section (1) and until it is so
reconstituted, the President may authorise any person or body of persons to exercise and
discharge all the powers, functions and duties which may, under the provisions of this Act or
the rules made thereunder, be exercised or discharged by or on behalf of the Managing Body.
**4C. Secretary General and Treasurer of the Society.—(1)** The Managing Body shall, with the
previous approval of the President, appoint a Secretary-General and a Treasurer of the Society.
(2) The term of office and the conditions of service of the Secretary-General and the
Treasurer shall be such as the Managing Body may determine by rules made under section 5:
Provided that a the term of office and conditions of service of the Secretary-General and
the Treasurer may be varied in like manner by the Managing Body.
(3) Notwithstanding anything contained in any contract or agreement and notwithstanding
any judgment, decree or order of any court, tribunal or authority or anything contained in any
other provision of this Act or the rules made thereunder, the term of office and conditions of
service of any persons appointed as the Secretary-General of the Society at any time before the
commencement of the Indian Red Cross Society (Amendment) Act, 1992 (14 of 1992) may be
varied by the Managing Body with the previous approval of the President.
**4D. Powers and functions of the Chairman and Vice-Chairman.—(1) The powers and functions**
of the Chairman shall be—
(a) to preside over the meetings of the Managing Body and all other Committees set
up by the Managing Body of which he is the Chairman;
(b) to re-appropriate on the advice of the Treasurer of the Society, budgetary
allocation from the major head of account to another major head of account;
(c) to authorise, on the advice of the Treasurer of the Society, expenditure on items not
contemplated in the annual Budget of the Society, subject to the availability of funds;
(d) to institute, if necessary, disciplinary proceedings against officers of and above the rank of
Deputy Secretary of the Society:
Provided that the final decision on the basis of the disciplinary proceedings so
instituted shall be taken,—
(i) in case of the Secretary-General of the Society, with the previous approval of the President;
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(ii) in other cases, with the previous approval of the Managing Body.
(2) The powers and functions of the Vice-Chairman shall be,—
(a) to exercise the powers and perform the functions conferred on the Chairman under sub
section (1) or delegated to him under sub-section (3), in the absence of the Chairman on leave or on
tour abroad or for any other similar reasons;
(b) to act as _ex officio_ member in all the Committees or Sub-Committees appointed by the
Managing Body.
(3) The Chairman and the Vice-Chairman shall, in addition to the powers exercisable by
them under sub-sections (1) and (2), exercise such other financial and administrative powers as
may be delegated to them by the Managing Body in accordance with rules made by it under
section 5.
**4E. Powers of the President to supersede the Managing Body.—(1) If, at any time, the President is**
of opinion—
(a) that there has been gross failure in the management of the affairs of the Society by the
Managing Body; or
(b) that the Managing Body is acting in a manner which is prejudicial to carrying out the
objectives of the Society,
the President array, by order in writing, supersede the Managing Body for such period, not exceeding six
months, as may be specified in the order:
Provided that before issuing an order under this sub-section, the President shall give a reasonable
opportunity to the Managing Body to show cause why it should not be superseded and shall consider the
explanations and objections, if any, of the Managing Body.
(2) Upon the issue of an order under sub-section (1) superseding the Managing Body,—
(a) all the members of the Managing Body shall, as from the date of supersession, vacate their
offices as such;
(b) all the powers, functions and duties which may, under the provisions of this Act or the rules
made thereunder, be exercised or discharged by or on behalf of the Managing Body shall, until the
Managing Body is reconstituted, be exercised and discharged by such person or body of persons as
the President may appoint in this behalf.
(3) On the expiration of the period of supersession specified in the order issued under sub-section (1),
the President may extend the period of supersession for a further period not exceeding six months as may
be recommended by the person or body of persons appointed under clause (b) of sub-section (2):
Provided that the President may, at any time before the expiration of the period of supersession,
whether as originally specified under sub-section (1) or extended under this
sub-section, take such steps as are necessary to reconstitute the Managing Body in accordance with the
provisions of section 4B.]
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**5. Power to make rules.—[1][(1)] The Managing Body [2][may, [3][with the previous approval of the**
President], make rules[4] for the management, functions, control] and procedure of the Society. The rules
may provide among other matters for the following, namely:—
(a) the conditions of membership of the Society;
(b) the appointment and term of office of members of the Managing Body;
(c) the choice of representatives on international and other Committees;
5[(d) the procedure of election of members by State Branch Committees;]
_(e)_ the constitution of Finance, Medical and other Committees and the delegation of powers to
them; [6]***
7[(f) the powers exercisable by the Managing Body in supervising the activities of State Branch
Committees;
_(g)_ delegation of financial and administrative powers to the Chairman and the
Vice-Chairman;
_(h) disqualifications for membership of the Managing Body;_
(i) the term of office and conditions of service of the Secretary-General and the Treasurer and
other officers of the Society;
(j) the Tegulation of the procedure generally of the Society and Managing Body.]
8[(2) The Central Government shall cause every rule made under this section to be laid as soon as
may be after the rule is made before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that the rule should not be
made, that rule shall thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.]
**6. Dissolution and transfer of property of Joint War Committee.—Upon the nomination of the**
first members of the Society and the appointment of the Managing Body—
(a) the Committee shall be dissolved;
(b) all property, moveable or immoveable, of or belonging to the Committee shall vest in the
Society and shall be applied by the Managing Body to the objects and purposes hereinafter set out;
and
(c) all the debts and liabilities of the Committee shall be transferred to the Society, and
shall thereafter be discharged and satisfied by it out of the aforesaid property, and each and
every member of the Committee shall be wholly discharged therefrom.
1. Section 5 renumbered as sub-section (1) thereof by Act 14 of 1992, s. 3 (w.e.f. 23-1-1992).
2. Subs. by Act 22 of 1956, s. 3, for “shall, within six months from the commencement of this Act and subject to the condition of
previous publication, make rules for the management, control”.
3. Subs. by Act 14 of 1992, s. 3, for certain words (w.e.f.23-1-1992).
4. For such rules, see Gazette of India, 1920, pt. I, p. 2055.
5. Subs. by Act 14 of 1992, s. 3, for clause (d) (w.e.f.23-1-1992).
6. The word “and” omitted by Act 22 of 1956, s. 3.
7. Subs. by Act 14 of 1992, s. 3, for clauses (ee) and (f) (w.e.f. 23-1-1992).
8. Ins. by s. 3, ibid. (w.e.f. 23-1-1992).
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**7. Purposes to which funds of Society may be applied.—Notwithstanding anything contained in**
any appeal for subscriptions or gifts to or for the purposes of the Committee, the Managing Body may in
its discretion apply—
(a) either the corpus of the income or any part of such corpus or income of any property
vested in it under clause (b) of section 6 for the relief of sickness, suffering or distress caused
by tile operation of war in India or in any other country in which Expeditionary Forces from
India- may, from time to time, be employed and for purposes cognate to that object and in
maintaining Red Cross Depots for military purposes;
(b) in accordance with the provisions of section 8 the income only of any such property
but not the corpus or any part thereof for the relief of sickness or suffering in India, whether
due to the operation of war or not, or in pursuance of any of the objects set forth in the First
Schedule.
**8. Constitution of Branch Committees.—[1][(1)] If Branch Committees consisting of members of**
the Society arc constituted in [2][any of the States in India [3]***] specified in the Second Schedule, then,
subject to the requirements of the Managing Body for the purposes of clause (a) of section 7 [4][and
section 13] and any provision for expenses of management, the income of the property which has been
vested in the Society under clause (b) the section 6 shall be distributed annually among such Branch
Committees in the proportion shown in the said Schedule, to be expended by them and at their discretion
upon all or any of the objects referred to in clause (b) of section 7.
5[(2) The 6[Central Government] may, by notification in the Gazette of India, direct that 7[any part
of India] [8]***specified in the first column of the Second Schedule shall be excluded therefrom or that
7[any part of India] 8*** not specified therein shall be included
therein and that the percentages specified in the [9][second column] of the said Schedule shall be varied as
required by any such exclusion or inclusion.
(3) On the issue of a notification under sub-section (2) the Second Schedule shall be deemed to be
amended in accordance with such notification.
(4) No notification under sub-section (2) shall be made without the consent of every Branch
Committee constituted in [10] [any State in India 11***] for the time being included in the Second
Schedule.]
**9. Affiliation of other Societies.—The Managing Body may also affiliate to the Society any**
other society or body [12][whether constituted in India or in any other country] having all or any of the
objects and purposes referred to in section 7, and may provide for the allocation and distribution of funds,
through such society or body, to or for any such objects or purposes.
1. Section 8 was renumbered as sub-section (1) of that section by Act 17 of 1937, s. 2.
2. Subs. by the A. O.1950, as amended by the Adaptation of Laws (Third Amendment) Order, 1951, for “any of the Provinces,
States and other parts of India and Pakistan”.
3. The words “or in any part of Pakistan” omitted by Act 22 of 1956, s. 4.
4. Ins. by s. 4, ibid.
5. Sub-sections (2) to (4) added by Act 17 of 1937, s. 2.
6. Subs. by the A. O. 1948, for “G. G. in C.”
7. Subs. by the A. O. 1950 as amended by the Adaptation of Laws (Third Amendment) Order, 1951, for “any Province, State or
other part of India”.
8. The words “or Pakistan” omitted by Act 22 of 1956, s. 4. Earlier inserted by the A.O. 1948,
9. Subs. by Act 22 of 1956, s. 4, for “third column”.
10. Subs. by the A. O. 1950, for “the Provinces, States and other part of India and Pakistan”.
11. The words “or any part of Pakistan” omitted by Act 22 of 1956, s. 4.
12. Ins. by s. 5, ibid.
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**10. Decision of Managing Body as to purposes final** .—The Managing Body shall have
authority to determine in all cases what matters properly fall within the scope of clause (b) of section 7,
and its decision in all such matters shall be binding on all Branch Committees and affiliated societies or
bodies.
**11. Receipt and use of gifts.—The Managing Body may also receive and hold gifts of**
whatsoever description either for the general purposes of the Society or for any particular purpose, [1]***
and on receipt of such gifts may, subject to the provisions of rules made under section 5, apply the same
to such purposes, either directly or through Branch Committees or societies or bodies affiliated under
section 9.
**12. Powers of Branch Committees.—Subject to the provisions of rules made under section**
2[and the powers of supervision exercisable by the Managing Body thereunder], each Branch Committee
shall have all power [3]*** to receive gifts and expend all monies received by it for its purposes, either
directly or through other societies or bodies.
4[13. Transfer of property to Pakistan.—(1) Notwithstanding anyting contained in this Act, the
Managing Body, may, from out of the funds specified in column 1 of the Third Schedule, transfer to the
Pakistan Red Cross Society the amounts specified in that Schedule as being the share of the Pakistan Red
Cross Society which that Society has agreed to receive for being applied to the purposes for which they
were held by the Society.
(2) Upon the transfer of such amounts to the Pakistan Red Cross Society under sub-section (1), the
Society shall be freed and discharged from all obligations imposed upon it by or under this Act as in force
before the commencement of the Indian Red Cross Society (Amendment) Act, 1956 (22 of 1956), or
under any trust or other document in respect of anything to be done in Pakistan or in any part thereof.]
1. The expression “for which the corpus or income of the property vested in it under clause (b) of section 6 may be applied under
the provisions of section 7” omitted by Act 22 of 1956, s. 6.
2. Ins. by s. 7, ibid.
3. Certain words omitted by Act 14 of 1992, s. 4 (w.e.f.23-1-1992).
4. Ins. by Act 22 of 1956, s. 8.
7
-----
1[THE FIRST SCHEDULE
_(See section 7)_
_Objects to which the funds of the Society may be applied_
(1) Aid to the sick and wounded members of the Armed Forces of the Union in accordance with the
terms and spirit of the Geneva Conventions of 12th August, 1949 and discharge of other obligations
devolving upon the Society under the Conventions as the recognised auxiliary of the Armed Forces
Medical Services.
(2) Aid to the demobilised sick anti wounded members of the Armed Forces of the Union.
(3) Maternity and Child Welfare.
(4) Junior Red Cross.
(5) Nursing and ambulance work.
(6) Provision of relief for the mitigation of suffering caused by epidemics, earthquakes, famines,
floods and other disasters, whether in India or outside.
(7) The establishment and maintenance of peace among all nations in accordance with the decisions
of the International Red Cross Organisation.
(8) Work parties to provide comforts and necessary garments, etc., for hospitals and health
institutions.
(9) The expenses of management of the Society and its branches and affiliated societies and bodies.
(10) The representation of the Society on or at International or other Committees formed for
furthering objects similar to those of the Society.
(11) The improvement of health, prevention of disease and mitigation of suffering and such other
cognate objects as may be approved by the Society from time to time.]
1. Subs. by Act 22 of 1956, s. 9, for the Schedules.
8
-----
1[THE SECOND SCHEDULE
_(See section 8)_
_Statement showing the approximate percentage of the claim of the States and Union territories to the_
_income of the property vested in the Society under clause (b) of section 6._
Approximate
Name of the States and Union territories
percentage
5.92
Andhra Pradesh
1.49
Assam
6.25
Bihar
2[Gujarat 5.63]
3[Haryana 3.20]
1.03
Kerala
10.58
Madhya Pradesh
4[Tamil Nadu] 4.52
5[Maharashtra 11.07]
6[Karnataka] 4.62
2.02
Orissa
7[4.70]
Punjab
6.11
Rajasthan
23.69
Uttar Pradesh
5.84
West Bengal
1.35
Jammu and Kashmir
8[Chandigarh 0.05]
0.68
Delhi
7[1.19]
Himachal Pradesh
0.06]
Tripura
1. Subs. by the Adaptation of Laws (No. 4) Order, 1957, for the Second Schedule (w.e.f.1-11-1956).
2. Subs. by the Bombay Reorganisation (Adaptation of Laws on Union Subjects) No. 2 Order, 1961, for the entry relating to
Bombay (w.e.f.1-5-1960).
3. Ins. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subiects) Order, 1968
(w.e.f.1-11-1956).
4. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for “Madras”
(w.e.f.14-1-1969).
5. Ins. by the Bombay Reorganistation (Adaptation of Laws on Union Subjects) No. 2 Order, 1961 (w.e.f.1-5-1960).
6. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974 (w.e.f.1-111973).
7. Subs. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1963, for the former
entry (w.e.f.1-11-1966).
8. Ins., ibid. (w.e.f.1-11-1966).
9
-----
THE THIRD SCHEDULE
_(See section 13)_
_Statement showing the share of Pakistan Red Cross Society in the funds specified in column 1._
Amount advanced to Balance payable to Pakistan
Name of the Fund Share of Pakistan Red
Pakistan Red Cross Red Cross Society in
from which transfer Cross Society as on 30
Society up to 31-12- securities at cost and cash as
is to he made 6-48
52 agreed upon
1 2 3 4
Rs. A. P. Rs. A. P. Rs. A. P.
Indian Red Cross
Society
Indian Forces’
Medical After-Care
Fund
Lady Chelmsford
All-India Maternity
and Child Welfare
Bureau-Army Child
Welfare Fund
Victoria Memorial
Scholarships Fund
41,74208 6 3 4,04,348 13 5 37,69,859 8 10
4,81,232 14 0 1,30,000 0 0 3,51,232 14 0
91,225 0 0 8,186 13 0 83,038 3 0
1,83,669 4 0 18,395 8 0 1,65,273 12 0
Total 49,30,335 8 3 5,60,931 2 5 43,69,404 5 10
Add-Amount due
from Assam Red
Cross Branch
Deduct-Amount due
from West Punjab
Branch of the
Pakistan Red Cross
Net amount payable
to Pakistan Red
Cross
Society……….
36,351
44,05,755
5,543
44,00,212
0
5
0
5
0
10
0
10
_Add—Interest earned on the securities in the share of the Pakistan Red Cross Society from 1-7-_
48 to the date of transfer after adjusting interest on the amount due from the West Punjab Branch
of the Pakistan Red Cross Society.]
_________
10
-----
|
9-Sep-1920 | 34 | The Passport (Entry into India) Act, 1920 | https://www.indiacode.nic.in/bitstream/123456789/2370/1/AAA1920____34.pdf | central | # THE PASSPORT (ENTRY INTO INDIA) ACT, 1920
____________
# ARRANGEMENT OF SECTIONS
____________
SECTIONS
1. Short title and extent.
2. Definitions.
3. Power to make rules.
3A. Punishment for subsequent offences.
4. Power of arrest.
5. Power of removal.
6. [Omitted.].
1
-----
# THE PASSPORT (ENTRY INTO INDIA) ACT, 1920
ACT NO. 34 OF 1920[1]
An Act to take power to require passports of persons entering [2][India].
[9th September, 1920]
WHEREAS it is expedient to take power to require passports of persons entering [2][India]; It is hereby
enacted as follows:—
**1. Short title and extent.—(1) This Act may be called [3][The Passport (Entry into India) Act, 1920].**
(2) It shall extend to [4][the whole of India], [5]***.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
“entry” means entry by water, land or air;
“passport” means a passport for the time being in force issued or renewed by the prescribed
authority and satisfying the conditions prescribed relating to the class of passports to which it
belongs; and
“prescribed” means prescribed by rules made under this Act.
**3. Power to make rules.—(1) The Central Government may make rules[6] requiring that persons**
entering [7][India] shall be in possession of passports, and for all matters ancillary or incidental to that
purpose.
(2) Without prejudice to the generality of the foregoing power such rules may—
(a) prohibit the entry into [7][India] or any part thereof of any person who has not in his possession
a passport issued to him;
(b) prescribe the authorities by whom passports must have been issued or renewed, and the
conditions with which they must comply, for the purposes of this Act; and
(c) provide for the exemption, either absolutely or on any condition, of any person or class of
persons from any provision of such rules.
(3) Rules made under this section may provide that any contravention thereof or of any order issued
under the authority of any such rule shall be [8][punishable with imprisonment for a term which may extend
to five years, or with fine which may extend to fifty thousand rupees, or with both].
(4) All rules made under this section shall be published in the Official Gazette, and shall thereupon
have effect as if enacted in this Act.
1. This Act has been extended to Goa, Daman and Diu with modifications by Regulation 12 of 1962, s. 3 and Sch.; to Dadra and
Nagar Haveli by Regulation 6 of 1963, s. 2 and Sch. 1; to Lakshadweep by Regulation 8 of 1965, s. 3 and Sch. And to Sikkim
(w.e.f. 20-0-1976): vide Notifin. No. S. O. 3392, dated 3-9-1976.
2. Subs. by Act 36 of 1949, s. 2, for “the Provinces of India”.
3. Subs. by Act 15 of 1967, s. 25, for “the Indian Passport Act, 1920”.
4. Subs. by Act 36 of 1949, s. 3, for “all the Provinces of India”.
5. The words “excluding the State of Hyderabad” subs. by the A. O. 1950, omitted by Act 3 of 1951, s. 3 and the Schedule.
6. For Passport (Entry into India) Rules, 1950, see Gazette of India, 1950, Pt. II, Sec. 3, p. 91.
7. Subs. by Act 36 of 1949, s. 4, for “Provinces”.
8. Subs. by Act 47 of 2000, s. 2, for “punishable with imprisonment for a term which may extend to three months, or with fine, or
with both” (w.e.f. 8-12-2000).
2
-----
1[(5) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
2[3A.Punishment for subsequent offences.—Whoever having been convicted of an offence under
any rule or order made under this Act is again convicted of an offence under this Act shall be punishable
with double the penalty provided for the later offence.]
**4. Power of arrest.—(1) Any officer of police, not below the rank of a sub-inspector, and any officer**
of the Customs Department empowered by a general or special order of the [3][Central Government] in this
this behalf may arrest without warrant any person who has contravened or against whom a reasonable
suspicion exists that he has contravened any rule or order made under section 3.
(2) Every officer making an arrest under this section shall, without unnecessary delay, take or send
the person arrested before a Magistrate having jurisdiction in the case or to the officer in charge of the
nearest police-station and the provisions of [4] [section 57 of the Code of Criminal Procedure, 1973
(2 of 1974),], shall so far as may be, apply in the case of any such arrest.
**5. Power of removal.—The** [3][Central Government] may, by general or special order, direct the
removal of any person from [5][India] who, in contravention of any rule made under section 3 prohibiting
entry into [5][India] without passport, has entered therein, and thereupon any officer of the Government
shall have all reasonable powers necessary to enforce such direction.
6[6. [Application of Act to Part B States.]—Omitted by the Part B States (Laws) Act, 1951 (3 of 1951),
1951),
_s. 3 and Schedule.]_
________
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Ins. by Act 47 of 2000, s. 3 (w.e.f. 8-12-2000).
3. Subs. by the A.O. 1937, for “L.G.”
4. Subs. by Act 47 of 2000, s. 4, for “section 61 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 8-12-2000).
5. Subs. by Act 36 of 1949, s. 4, for “the Provinces”.
6. Ins. by s. 5, ibid.
3
-----
|
14-Sep-1920 | 40 | The Aligarh Muslim University Act, 1920 | https://www.indiacode.nic.in/bitstream/123456789/2372/1/A1920-40.pdf | central | THE ALIGARH MUSLIM UNIVERSITY ACT, 1920
_________
ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title and commencement.
2. Definitions.
THE UNIVERSITY
3. Incorporation.
4. Dissolution of the Muhammadan Anglo-Oriental College, Aligarh, and the Muslim
UniversityAssociation, and transfer of all property to the University.
5. Powers of the University.
6. Recognition of degrees.
7. Reserve funds.
8. University open to all persons.
9. [Omitted.].
10. Residence of students.
11. Teaching in the University.
12. Power to establish and maintain high schools and other institutions.
12A. [Omitted.].
THE VISITOR
13. The Visitor.
THE VISITING BOARD
14. [Omitted.].
CHIEF RECTOR
15. Chief Rector.
OFFICERS OF THE UNIVERSITY
16. Officers of the University.
17. The Chancellor.
18. The Pro-Chancellor.
19. The Vice-Chancellor.
20. The Pro-Vice-Chancellor.
20A. The Honarary Treasurer.
20B. The Registrar.
20C. The Finance Officer.
21. Powers of other officers.
-----
AUTHORITIES OF THE UNIVERSITY
SECTIONS
22. Authorities of the University.
23. The Court.
24. The Executive Council.
25. The Academic Council.
26. Other authorities of the University.
26A. Disqualifications for membership.
STATUTES, ORDINANCES AND REGULATIONS
27. Power to make Statutes.
28. Statutes.
29. Power to make Ordinances.
31. Regulations.
ADMISSION AND EXAMINATIONS
32. [Omitted.].
33. Examinations.
ANNUAL REPORT AND ACCOUNTS
34. Annual report.
35. Annual accounts.
SUPPLEMENTARY PROVISIONS
36. Conditions of service of employee.
36A. Procedure of appeal and arbitration in disciplinary cases against students.
36B. Right to appeal.
37. Provident and pension funds.
38. Filling of casual vacancies.
39. Proceedings of University authorities not invalidated by vacancies.
40. Protection of action taken in good faith.
41. Mode of proof of University record.
-----
# THE ALIGARH MUSLIM UNIVERSITY ACT, 1920
ACT NO. 40 OF 1920
[14th September, 1920.]
An Act to [1]*** incorporate a teaching and residential Muslim University at Aligarh.
WHEREAS it is expedient to [1]*** incorporate a teaching and residential Muslim University at
Aligarh, and to dissolve the Societies registered under the Societies Registration Act, 1860 (21 of
1860), which are respectively known as the Muhammadan Anglo-Oriental College, Aligarh, and the
Muslim University Association, and to transfer to and vest in the said University all properties and
rights of the said Societies and of the Muslim University Foundation Committee;
It is hereby enacted as follows: —
**1. Short title and commencement.—(1) This Act may be called the Aligarh Muslim University**
Act, 1920.
(2) It shall come into force on such date[2] as the [3][Central Government] may, by notification in the
4[Official Gazette], appoint.
5[2. Definitions.— In this Act and in all Statutes made hereunder, unless the context
otherwise requires,—
(a) “Academic Council” means the Academic Council of the University;
(b) “Board of Studies” means the Board of Studies of the University;
(c) “Chancellor”, “Pro-Chancellor” and “Vice-Chancellor”, mean respectively, the
Chancellor, Pro-Chancellor and Vice-Chancellor of the University;
(d) “Court” means the Court of the University;
(e) “Department” means a Department of Studies and includes a Centre of Studies established
by the Ordinances;
(f) “Executive Council” means the Executive Council of the University;
(g) “Faculty” means a Faculty of the University;
(h) “Hall” means a unit of residence or of corporate life maintained by the University for its
students;
6
[(hh) “non-teaching staff” means the employees of the University other than the
teachers;]
(i) “Statutes”, “Ordinances” and “Regulations” mean respectively, the Statutes, Ordinances and
Regulations of the University for the time being in force;
7* - - -
(k) “Teachers” means Professors, Readers, Lectures and such other persons as may be
appointed for imparting instruction in the University or a hall and are designated as Teachers by
the Ordinances;
1. The words “establish and” omitted by Act 62 of 1981, s. 2 (w.e.f. 10-2-1982).
2. This Act was brought into force on the 1st December, 1920, vide Notification No. 1458, dated 1-12-1920, see Gazette of
India, 1920., Pt. I, p. 2213. (For Notification, see G.S.R.O. Volume VIII, p. 192).
3. Subs. by the A.O. 1937, for “G.G. in C.” .
4. Subs., ibid., for “Gazette of India”.
5. Subs. by Act 34 of 1972, s. 2, for section 2 (w.e.f, 17-6-1972).
6. Ins. by Act 62 of 1981, s. 3 (w.e.f. 10-2-1982).
7. Clause (j) omitted by s. 3, ibid. (w.e.f. 10-2-1982).
-----
1[(l) “University” means the educational institution of their choice established by the Muslims
of India, which originated as the Muhammadan Anglo-Oriental College, Aligarh, and which was
subsequently incorporated as the Aligarh Muslim University.]]
THE UNIVERSITY
2 [3. Incorporation.— The Chancellor, the Pro-Chancellor and the Vice-Chancellor and the
members of the Court, the Executive Council and the Academic Council, for the time being, shall be a
body corporate by the name of the Aligarh Muslim University and shall have perpetual succession and
a common seal and shall sue and be sued by that name.]
**4. Dissolution of the Muhammadan Anglo-Oriental College, Aligarh, and the Muslim**
**University Association, and transfer of all property to the University.—From the commencement**
of this Act—
(i) the Societies known as the Muhammadan Anglo-Oriental College, Aligarh, and the
Muslim University Association shall be dissolved, and all property, movable and immovable, and
all rights, powers and privileges of the said Societies and all property, movable and immovable,
and all rights, powers and privileges of the Muslim University Foundation Committee shall be
transferred to and vest in the University and shall be applied to the objects and purposes for which
the University is incorporated;
(ii) all debts, liabilities and obligations of the said Societies and Committee shall be
transferred to the University and shall thereafter be discharged and satisfied by it;
(iii) all references in any enactment to either of the said Societies or to the said Committee
shall be construed as references to the University;
(iv) any will, deed or other document, whether made or executed before or after the
commencement of this Act, which contains any bequest, gift or trust in favour either of the said
Societies or of the said Committee shall, on the commencement of this Act, be construed as if the
University was therein named instead of such Society or Committee;
(v) subject to any orders which the Court may make, the buildings which belonged to the
Muhammadan Anglo-Oriental College, Aligarh, shall continue to be known and designated
by the names and styles by which they were known and designated immediately before the
commencement of this Act;
(vi) subject to the provisions of this Act, every person employed immediately before
the commencement of this Act in the Muhammadan Anglo-Oriental College, Aligarh,
shall hold employment in the University by the same tenure and upon the same terms and
conditions and with the same rights and privileges as to pension and gratuity as he would have
held the same under the Muhammadan Anglo-Oriental College, Aligarh, if this Act had not been
passed.
**5. Powers of the University.— The University shall have the following powers, namely:—**
(1) to provide for instruction in such branches of learning as the University may think fit,
and to make provision for research and for the advancement and dissemination of knowledge;
(2) [3][(a)] to promote Oriental and Islamic studies and give instruction in Muslim theology and
religion and to impart moral and physical training;
4[(b) to promote the study of the religions, civilisation and culture of India;]
5[(c) to promote especially the educational and cultural advancement of the Muslims
Muslims of India;]
1. Subs. by Act 62 of 1981, s. 3, for clause (l) (w.e.f. 10-2-1982).
2. Subs. by Act 34 of 1972, s. 3, for section 3 (w.e.f. 17-6-1972).
3. Clause (2) relettered as sub-clause (a) thereof by Act 34 of 1972. s. 4 (w.e.f. 17-6-1972).
4. Ins. by s. 4, ibid. (w.e.f. 17-6-1972).
5. Ins. by Act 62 of 1981, s. 4 (w.e.f. 10-2-1982).
-----
1[(3) to hold examinations and to grant diplomas or certificates to, and confer degrees and other
academic distinctions on, persons subject to such conditions as the University may determine and to
withdraw any such diplomas, certificates, degrees or other academic distinctions for good and
sufficient cause;]
(4) to confer honorary degrees or other distinctions [2]*** in the manner laid down inthe Statutes;
3[(5) to provide instruction for such persons who are not members of the University, as the
University may determine;]
(6) to co-operate [4][or collaborate] with other Universities and authorities in such manner and for
such purposes as the University may determine;
(7) to institute professorships, readerships, lectureships and [5]*** other [6][teaching or academic
posts] required by the University, and to appoint persons to such professorships, readerships,
lectureships [7][and other posts] [8][and determine their conditions of service in accordance with the
Statutes];
4[(7A) to appoint persons working in any other University, institution or organisation as teachers
of the University for a specified period;]
(8) to institute and award fellowships (including travelling fellowships), scholarships,
9[studentships], exhibitions and prizes in accordance with the statutes and the Ordinances;
10[(9) to institute and maintain Halls for the students of the University;]
4[(9A) to establish within a radius of twenty-five kilometres of the University Mosque such
Special Centres, Specialised Laboratories or other units for research and instruction as are, in the
opinion of the University, necessary for the furtherance of its objects;]
(10) to demand and receive such fees and other charges as may be prescribed by the Ordinances;
(11) to supervise and control the residence and [9][to regulate the] discipline of studentsof the
University, and to make arrangements for promoting their health; [11]***
9[(11A) to make special arrangements in respect of the residence, discipline and teaching of
women students;
(11B) to create administrative, ministerial and other [12]*** posts and to make appointments thereto
8[and determine their conditions of service in accordance with the Statutes;]
4[(11C) to regulate and enforce discipline among the employees of the University and to take such
disciplinary measures as may be deemed necessary;
(11D) to acquire, hold, manage and dispose of property, movable or immovable, including trust or
endowed property for the purposes of the University;
(11E) to borrow, with the approval of the Central Government, on the security of the property of
the University, money for the purposes of the University;
(11F) to declare a Department of Studies to be an autonomous Department; and]
1. Subs. by Act 34 of 1972, s. 4, for clause (3) (w.e.f. 17-6-1972).
2. The words “on approved persons” omitted by Act 62 of 1951, s. 3.
3. Subs. by Act 34 of 1972. s. 4, for clause (5) (w.e.f. 17-6-1972).
4. Ins. by s. 4, ibid. (w.e.f. 17-6-1972).
5. The word “any” omitted by Act 62 of 1951, s. 3.
6. Subs. by Act 34 of 1972, s. 4, for “teaching posts” (w.e.f. 17-6-1972).
7. Subs. by Act 62 of 1951, s. 3, for “and posts”.
8. Added by Act 62 of 1981, s. 4 (w.e.f. 10-02-1982).
9. Ins. by .Act 62 of 1951, s. 3.
10. Subs. by Act 62 of 1981, s. 4, for clause (9) (w.e.f. 10-02-1982).
11. The word “and” omitted by Act 62 of 1951, s. 3.
12. The word “necessary” omitted by Act 34 of 1972, s. 4 (w.e.f. 17-6-1972).
-----
(12) to do all such other acts and things whether incidental to the powers aforesaid or not as
may be requisite in order to further the objects of the University [1]***
**6. Recognition of degrees.— The degrees, diplomas and other academic distinctions granted or**
conferred to or on persons by the University shall be recognised by [2] [the Central and [3] [State]
Governments] as are the corresponding degrees, diplomas and other academic distinctions granted by
any other University incorporated under any enactment.
**7. Reserve fund.— The University shall invest and keep invested in securities in which trust**
funds may be invested in accordance with the law for the time being in force relating to trusts in
4[India] a sum of thirty lakhs of rupees as a permanent endowment to meet the recurring charges of
the University other than charges in respect of fellowships, scholarships, prizes and rewards:
Provided that—
(1) any Government securities as defined in the Indian Securities Act, 1920 (10 of 1920), which
may be held by the University shall, for the purposes of this section, be reckoned at their face value;
and
(2) the aforesaid sum of thirty lakhs shall be reduced by such sums as, at the commencement of
this Act, the [5][Central Government] shall, by order in writing, declareto be the total capitalised value,
for the purpose of this section _—_
(a) of all permanent recurring grants of money which have been made either to the
Muhammadan Anglo-Oriental College, Aligarh, the Muslim University Association or the
Muslim University Foundation Committee, by any Ruler of a State in India; and
(b) of the total income accruing from immovable property (not being land or buildings, in the
occupation and use of the said college) which by the operation of this Act has been transferred to
the University.
**6[8. University open to all persons.—The University shall be open to all persons (including the**
teachers and taught) of either sex and of whatever race, religion, creed, caste or class:
Provided that nothing in this section shall be deemed to prevent religious instruction being given in
the manner prescribed by the Ordinances to those who have consented to receive it.]
**9. [Religious instruction.] Rep. by the Aligarh Muslim University (Amendment) Act,** 1951 (62 of
1951), s. 6.
**10. Residence of students.— Every student of the University shall reside either in a Hall [7][or a**
hostel] or under such conditions as may be prescribed by the Ordinances.
8[11. Teaching in the University.— All recognised teaching for the purpose of University
degrees, diplomas and certificates shall be conducted [9] [under the supervision of the Academic
Council and in accordance with the Statutes and Ordinances].]
1. The words the University omitted by Act 62 of 1951, s. 3 (w.e.f. 3-11-1951)
2. Subs. by the A.O. 1948, for “any Government in British India”.
3. Subs. by the A.O. 1950, for “Provincial”.
4. Subs. by Act 62 of 1951, s. 4, for “Part A States and Part C States”.
5. Subs. by the A.O. 1937, for “G.G. in C.”.
6. Subs. by Act 62 of 1981, s. 5, for section 8 (w.e.f. 10-2-1982).
7. Ins. by Act 34 of 1972, s. 6 (w.e.f. 17-6-1972).
8. Subs. by Act 62 of 1951, s. 7, for section 11.
9. Subs. by Act 34 of 1972, s. 7, for certain words (w.e.f. 17-6-1972).
-----
1[12. Power to establish and maintain High Schools and other institutions.—(1) The University
shall, subject to the Statutes, have power to establish and maintain High Schools within a radius of fifteen
miles from the University Mosque.
(2) The University may also, with the sanction of the Visitor and subject to the Statutes and the
Ordinances, [2] [establish and maintain such Special Centres, Specialised Laboratories or such other
institutions for research or instruction as are necessary for the furtherance of its objects either on its own or
in co-operation or collaboration with any other institution].
**12A.** [Power to recognise colleges and institutions.] _Rep. by the Aligarh Muslim University_
_(Amendment) Act, 1972 (34 of 1972), s. 9 (w.e.f. 17-6-1972)._
THE [3][VISITOR]
**13. The Visitor.—(1) The [4][President] shall be the** [1][Visitor] of the University.
(2) The [1][Visitor] shall have the right to cause an inspection to be made by such person or persons as
he may direct, of the University, its buildings, laboratories, and equipment, and of any institution
maintained by the University, and also of the examinations, teaching and other work conducted or done by
the University, and to cause an inquiry to be made in like manner in respect of any matter connected with
5[the administration or finances of] the University 6***.
7[(2A) The Visitor shall, in every case, give notice to the University of his intention to cause an
inspection or inquiry to be made and on receipt of such notice, the University shall have the right to make
such representation to the Visitor as it may consider necessary.
(2B) After considering the representation, if any, made by the University the Visitor may cause to be
made such inspection or inquiry as is referred to in sub-section (2).
(2C) Where any inspection or inquiry has been caused to be made by the Visitor, the University shall
be entitled to appoint a representative who shall have the right to be present and be heard at such
inspection or inquiry.]
(3) The [1][Visitor] may address the Vice-Chancellor with reference to the result of such inspection
and inquiry, and the Vice-Chancellor shall communicate to the [8][Executive Council] the views of the
1[Visitor] with such advice as the 1[Visitor] may be pleased to offer upon the action to be taken thereon.
(4) The [6][Executive Council] shall communicate through the Vice-Chancellor to the [1][Visitor] such
action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.
(5) Where the [6][Executive Council] does not, within reasonable time, take action to the satisfaction
of the [1][Visitor] may, after considering any explanation furnished or representation made by the
6[Executive Council], issue such directions as he may think fit, and the 6[Executive Council] shall comply
with such directions.
9[(6) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in
writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or
the Ordinances:
Provided that before making any such order, he shall call upon the University to show cause why such
an order should not be made, and, if any cause is shown within a reasonable time, shall consider the same.]
1. Subs. by Act 62 of 1951, s. 8, for section 12.
2. Subs. by Act 34 to 1972, s. 8, for certain words (w.e.f. 17-6-1972).
3. Subs. by Act 62 of 1951, s. 10, for “Lord Rector”.
4. Subs. by the A.O. 1950, for “Governor General”.
5. Ins. by Act 34 of 1972, s. 10 (w.e.f. 17-6.1972).
6. The words “with the university” omitted by Act 62 of 1951, s. 10
7. Subs. by Act 34 of 1972, s. 10, for sub-section (2A) (w.e.f. 17-6-1972).
8. Subs. by s. 10, ibid., for “Court” (w.e.f. 17-6-1976).
9. Ins. by Act 62 of 1951, s. 10. The former sub-section (6) inserted by the A.O. 1937, was rep. by the A.O. 1948.
-----
1[(7) The Visitor shall have such other powers as may be prescribed by the Statutes.]
THE VISITNG BOARD
**14. [The Visiting Board.]** _Omitted_ _by the Aligarh Muslim University (Amendment)_
_Act, 1951 (62 of 1951), s. 11._
2
[CHIEF RECTOR
**15. Chief Rector.— The Governor of the State of Uttar Pradesh shall be Chief Rector of the**
University.]
OFFICERS OF THE UNIVERSITY
**16. Officers of the University.—The following shall be officers of the University:—**
(1) The Chancellor,
(2) The Pro-Chancellor,
(3) The Vice-Chancellor, [3]***
4* - - -
5[(3A) The Pro-Vice-Chancellor, if any;
6[ 7[(3B) The Honorary Treasurer;]
8[(3C)] The Registrar;
8[(3D)] The Finance Officer;]
8[(3E)] The Deans of the Faculties; and]
9[(4)] Such other officers as may be declared by the Statutes to be officers of the University.
10[17. The Chancellor.—11[(1) The Chancellor of the University shall be elected by the Court in
such manner and for such term as may be prescribed by the Statutes.]
(2) The Chancellor shall, by virtue of his office, be the Head of the University.
(3) The Chancellor shall, if present, preside at the convocations of the University held for
conferring degrees.]
12[18. The Pro-Chancellor. —13[(1) The Pro-Chancellor shall be elected by the Court in such
manner and for such term as may be prescribed by the Statutes.]
(2)The Pro-Chancellor shall, in the absence of the Chancellor, preside over the
convocations of the University held for conferring degrees.]
14[19. The Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Visitor in such
manner as may be prescribed by the Statutes.
1. Ins. by Act 34 of 1972, s. 10 (w.e.f. 17-6-1972).
2. Subs. by s. 11, ibid., for the former heading and section 15 (w.e.f. 17-06-1972).
3. The word “and” ins. by Act 11 of 1945, s. 2, omitted by Act 62 of 1951, section 13.
4. Clause (4) which read “The Pro-Vice-Chancellor, and” omitted by Act 11 of 1945, section 2.
5. Ins. by Act 62 of 1951, s. 13 (w.e.f. 3-11-1951).
6. Subs. by Act 34 of 1972, s. 12, for clauses (B) and (C) (w.e.f. 17-6-1972).
7. Ins. by Act 62 of 1981, s. 6 (w.e.f. 10-2-1982).
8. Clauses (3B), (3C) and (3D) renumbered as clauses (3C), (3D) and (3E) thereof by Act 62 of 1981, s. 6 (w.e.f. 10-2-1982).
9. Clause (5) renumbered as clause (4) by Act 11 of 1945, s. 2.
10. Subs. by Act 34 of 1972, s. 13, for section 17 (w.e.f. 17-6-1972).
11. Subs. by Act 62 of 1981, s. 7, for sub-section (1) (w.e.f. 10-2-1982).
12. Subs. by Act 34 of 1972, s. 14, for section 18 (w.e.f. 17-6-1972).
13. Subs by Act 62 of 1981, s. 8, for sub-section (1) (w.e.f. 10-2-1982).
14. Subs. by Act 34 of 1972, s. 15, for section 19 (w.e.f. 17-6-1972).
-----
(2) The Vice-Chancellor shall be the principal executive and academic officer of the University,
and shall exercise general supervision and control over the affairs of the University and give effect to
the decisions of all the authorities of the University.
(3) The Vice-Chancellor may, if he is of opinion that immediate action is necessary on any matter,
exercise any power conferred on any authority of the University by or under this Act and shall report
to such authority the action taken by him on such matter:
Provided that if the authority concerned is of opinion that such action ought not to have been
taken, it may refer the matter to the Visitor whose decision thereon shall be final:
Provided further that any person in the service of the University who is aggrieved by the action
taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action
to the Executive Council within three months from the date on which decision on such action is
communicated to him and thereupon the Executive Council may confirm, modify or reverse the action
taken by the Vice-Chancellor.
(4) The Vice-Chancellor shall exercise such other powers and perform such other functions as may
be prescribed by the Statutes or Ordinances.]
1[20. The Pro-Vice-Chancellor.—The Pro-Vice-Chancellor shall be appointed in such manner,
and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
2[20A. The Honorary Treasurer.—(1) The Honorary Treasurer shall be elected by the Court in.
such manner and for such term as may be prescribed by the Statutes.
(2) The Honorary Treasurer shall exercise such powers and perform such functions as may be
prescribed by the Statutes.]
3 [20B.] The Registrar.—(1) The Registrar shall be appointed in such manner as may be
prescribed by the Statutes.
(2) The Registrar shall have the power to enter into agreements, sign documents and authenticate
records on behalf of the University and shall exercise such other powers and perform such other
duties as may be prescribed by the Statutes.
**4[20C.] The Finance Officer.—The Finance Officer shall be appointed in such manner and.**
shall exercise such powers and perform such duties as may be prescribed by the Statutes.]
**5[21. Powers of other officers.—The powers of officers other than the Chancellor, the Pro-**
Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, [6][the Honorary Treasurer,] the Registrar
and the Finance Officer shall be prescribed by the Statutes.]
AUTHORITIES OF THE UNIVERSITY
**22. Authorities of the University.—The following shall be the authorities of the University:—**
(1) The Court,
(2) The Executive Council,
(3) The Academic Council, [7]***
8[ 9[(3A) The Finance Committee,]
1. Ins. by Act 34 of 1972, s. 16, (w.e.f. 17-6-1972). Earlier section 20 was rep. by Act 11 of 1945, s. 3 (w.e.f. 4-9-1945).
2. Ins. by Act 62 of 1981, s. 9 (w.e.f. 10-2-1982).
3. Sections 20A and 20B renumbered as sections 20B and 20C by Act 62 of 1981, s. 9 (w.e.f. 10-2-1982).
4. Section 20B renumbered as section 20C thereof by s. 9 ibid. (w.e.f. 10-2-1982).
5. Subs. by Act 34 of 1972, s. 17, for section 21 (w.e.f. 17-6-1972).
6. Ins. by Act 62 of 1981, s. 10 (w.e.f. 10-2-1982).
7. The word “and” omitted by Act 62 of 1951, s. 16 (w.e.f. 3-11-1951).
8. Ins. by s. 16, ibid. (w.e.f. 3-11-1951).
9. Ins. by Act 62 of 1981, s. 11 (w.e.f. 10-2-1982).
-----
(3B) The Faculties, [1][and]]
2* - - -
(4) Such other authorities as may be declared by the Statutes to be authorities of the University.
3[23. The Court.—(1) The Court shall consist of the Chancellor, the Pro-Chancellor, the Vice
Chancellor and the Pro-Vice-Chancellor (if any), for the, time being, and such other persons as may be
specified in the Statutes.
(2) The Court shall be the supreme governing body of the University and shall exercise all the
powers of the University, not otherwise provided for by this Act, the Statutes, the Ordinances and the
Regulations and it shall have power to review the acts of the Executive and the Academic Councils (save
where such Councils have acted in accordance with powers conferred on them under this Act, the Statutes
or the Ordinances).
(3) Subject to the provisions of this Act, the Court shall exercise the following powers and perform
the following duties, namely:—
(a) to make Statutes and to amend or repeal the same;
(b) to consider Ordinances;
(c) to consider and pass resolutions on the annual report, the annual accounts and the financial
estimates;
(d) to elect such persons to serve on the authorities of the University and to appoint such officers
as may be prescribed by this Act or the Statutes; and
(e) to exercise such other powers and perform such other duties as may be conferred or imposed
upon it by this Act or the Statutes.]
**24. The Executive Council.—The Executive Council shall be [4][the principal executive body] of**
the University. Its constitution and the term of office of its members and its powers and duties shall be
prescribed by the Statutes.
**25. The Academic Council.—(1) The Academic Council shall be [5][the principal academic body]**
of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, [6][coordinate and exercise general supervision over the academic policies of the University].
(2) The constitution of the Academic Council and the term of office of its members and its powers
and duties shall be prescribed by the Statutes.
**26. Other authorities of the University.—The constitution, powers** [7][and functions of the
Finance Committee and of the Faculties] and of such other authorities as may be declared by the Statutes
to be authorities of the University, shall be prescribed by the Statutes.
8[26A. Disqualifications for membership.—A person shall be disqualified for being chosen as, and
and for being, a member of any of the authorities of the University if he is not a citizen of India.]
STATUTES, ORDINANCES AND REGULATIONS
9[27. Power to make Statutes.—Subject to the provisions of this Act, the Statutes may provide for
all or any of the following matters, namely:—
1. Ins. by Act 62 of 1981, s. 11 (w.e.f. 10-2-1982).
2. Clause (3C) omitted by s. 11, ibid. (w.e.f. 10-2-1982).
3. Subs. by s. 12, ibid., for s. 23 (w.e.f. 10-2-1982).
4. Subs. by Act 34 of 1972, s. 20, for “the executive body” (w.e.f. 17-6-1972).
5. Subs. by s. 21, ibid., for “the academic body” (w.e.f. 17-6-1972).
6. Subs. by s. 21, ibid., for certain words (w.e.f. 17-6-1972).
7. Subs. by Act 62 of 1981, s. 13, for certain words (w.e.f, 10-2-1982).
8. Ins. by s. 14, ibid. (w.e.f. 10-2-1982).
9. Subs. by Act 34 of 1972, s. 23, for section 27 (w.e.f. 17-6-1972).
-----
(a) the constitution, powers and functions of the authorities of the University, [1]*** and such other
other authorities as may be constituted from time to time;
(b) the election and continuance in office of the members of the said authorities, the filling of
vacancies of members, and all other matters relative to those authorities for which it may be necessary
or desirable to provide;
2[(c) the manner of election of appointment, as the case may be, of the Chancellor, the Pro
Chancellor, the Vice-Chancellor and other officers of the University;]
(d) the manner of appointment of teachers and other academic staff and their emoluments;
(e) the manner of appointment of employees other than teachers and other academic staff of the
University and their emoluments;
(f) the manner of appointment of teachers and other academic staff working in any other
University or institution for a specified period for undertaking a joint project;
(g) the conditions of service of employees including the provision for pension, insurance and
provident fund, the manner of termination of service and disciplinary action;
(h) the principles governing seniority of service of employees;
(i) the procedure for arbitration in cases of dispute between employees or students and the
University;
(j) the procedure for appeal to the Executive Council by any employee or student against the action
of any officer or authority of the University;
(k) the establishment and recognition of Students Union or associations of teachers, academic staff
or other employees of the University;
(l) all other matters which by this Act are to be, or may be, provided by the Statutes.]
3[28. Statutes.—(1) On the commencement of the Aligarh Muslim University (Amendment) Act,
1981 (62 of 1981), the Statutes in force immediately before such commencement, as amended by that
Act, shall be the Statutes of the University.
(2) After the commencement of the Aligarh Muslim University (Amendment) Act, 1981 (62 of 1981),
the Court may, notwithstanding anything contained in sub-section (1), make new or additional Statutes or
may amend or repeal the Statutes referred to in sub-section (1) in the manner hereinafter provided in this
section.
(3) The Executive Council may propose to the Court the draft of any Statute for its consideration and
such draft shall be considered by the Court at its next meeting:
Provided that the Executive Council shall not propose the draft of any Statute or of any amendment of
a Statute affecting the status, powers or constitution of any authority of the University until such authority
has been given an opportunity of expressing an opinion in writing upon the proposal and any opinion so
expressed shall be considered by the Court.
(4) The Court may approve any such draft as is referred to in sub-section (3) or reject it or return it to
the Executive Council for reconsideration, either in whole or in part, together with any amendments
which the Court may suggest.
(5) Any member of the Court may propose to the Court, the draft of any Statute and the Court may
reject the proposal or refer such draft for consideration to the Executive Council, which may either reject
the proposal or submit the draft to the Court in such form as the Executive Council may approve and the
provisions of this section shall apply in the case of any draft so submitted as they apply in the case of a
draft proposed by the Executive Council.
1. The words “the Finance Committee” omitted by Act 62 of 1981, s. 15 (w.e.f. 10-2-1982).
2. Subs. by s. 15, ibid., for clause (c) (w.e.f. 10-2-1982).
3. Subs. by Act 62 of 1981, s. 16, for section 28 (w.e.f. 10-2-1982).
-----
(6) No new Statute or amendment or addition or repeal of any Statute shall come into force unless it is
approved by the Visitor, who may sanction or disallow it, or return it for further consideration.]
1[29. Power to make Ordinances.—(1) Subject to the provisions of this Act and the Statutes, the
Ordinances may provide for all or any of the following matters, namely:—
(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
(c) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications
for the same and the means to be taken relating to the granting and obtaining of the same;
(d) the fees to be charged for courses of study in the University and for admission to the
examinations, degrees and diplomas of the University;
(e) the conditions of the award of fellowships, scholarships, studentships, exhibitions, medals and
prizes;
(f) the conduct of examinations, including the terms of office and manner of appointment
and the duties of examining bodies, examiners and moderators;
2[(g) the remuneration to be paid to the examiner, moderator, invigilator and tabulator;]
(h) the conditions of residence of the students of the University;
(i) the special arrangements, if any, which may be made for the residence, discipline and teaching
of women students and the prescribing for them of special courses of studies;
(j) the giving of religious instruction;
(k) the emoluments and the terms and conditions of service of [3][the academic and other staff of the
University];
(l) the maintenance of high schools and other institutions in accordance with the provisions of
section 12;
4[(m) the establishment of Centres of Study, Boards of Study, Inter-Disciplinary Committees,
Special Centres, Specialised Laboratories, Committees on Advanced Study and Research, Committees
of Department and Centres, Admission Committees, Examination Committee, Boards of Residence
and Halls, Discipline Committee, Cultural Committee, Social Service Committee, Games Committee
and Student's Advisory Committees;
(n) the manner of co-operation and collaboration with other Universities and authorities including
learned bodies or associations;
(o) the creation, composition and functions of any other body which is considered necessary for
improving the academic life of the University;
(p) such other terms and conditions of teachers as are not prescribed by the Statutes; and
(q) all other matters which by this Act or the Statutes may be provided for by the Ordinances.]
5
[(2) The Ordinances in force immediately before the commencement of the Aligarh Muslim
University (Amendment) Act, 1972 (34 of 1972), may be amended, repealed or added to at any time by
the Executive Council, provided that—
(i) in making the Ordinances in respect of the matters enumerated in sub-section (1) other than
those enumerated in clauses (k) and (p), the Executive Council shall act on the recommendation of the
Academic Council.
6* - - - *]
1. Subs. by Act 62 of 1951, s. 21, for sections 29 and 30.
2. Subs. by Act 34 of 1972, s. 25, for clause (g) (w.e.f. 17-6-1972).
3. Subs. by s. 25, ibid., for “teachers of the University” (w.e.f. 17-6-1972).
4. Subs. by s. 25, ibid., for clauses (m) and (n) (w.e.f. 17-6-1972).
5. Subs. by s. 25, ibid., for sub-section (2) (w.e.f. 17-6-1972).
6. Clause (ii) omitted by Act 62 of 1981, s. 17 (w.e.f. 10-2-1982).
-----
(3) The Executive Council shall not have power to amend any draft proposed by the Academic
Council under the provisions of sub-section (2) but may reject the proposal or return the draft to the
Academic Council for reconsideration, either in whole or in part, together with any amendments which
the Executive Council may suggest.
1[ 2[(4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by
the Academic Council, the Academic Council may consider the question afresh and in case the original
draft is re-affirmed by a majority of not less than. two-thirds of the members present and voting and more
than half the total number of members of the Academic Council, the draft may be sent back to the
Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final.
(5) Every Ordinance made by the Executive Council shall come into effect immediately.
(6) Every Ordinance made by the Executive Council shall be submitted to the Visitor within two
weeks. The Visitor shall have the power to direct the University within four weeks of the receipt of the
Ordinance to suspend the operation of any such Ordinance and he shall, as soon as possible inform the
Executive Council about his objection to the proposed Ordinance. The Visitor may, after receiving the
comments of the University, either withdraw the order suspending the Ordinance or disallow the
Ordinance, and his decision shall be final.]]]
**31. Regulations.—(1) The authorities of the University may make Regulations consistent with this**
Act, the Statutes and the Ordinances—
(a) laying down the procedure to be observed at their meetings and the number of members
required to form a quorum;
(b) providing for all matters which by this Act, the Statutes or the Ordinances, are to be prescribed
by Regulations; and
(c) providing for all other matters solely concerning such authorities or committees appointed by
them not provided for by this Act, the Statutes and the Ordinances.
(2) Every authority of the University shall make Regulations providing for the giving of notice to the
members of such authority of the dates of meetings and of the business to be considered at meetings and
for the keeping of a record of the proceedings of meetings.
3[(3) The Executive Council may direct the amendment, in such manner as it may specify, of any
Regulation made under this section other 4[than any Regulation made by the Court] or the annulment of
any such Regulation:
5[(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official
Gazette.
(5) Every statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session or the successive sessions aforesaid, both houses agree in making, any modification in the Statute,
Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation shall thereafter
have effect only in such modified form or, be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
the Statute, Ordinance or Regulation.]
6* - - -
1. Subs. by Act 19 of 1965, s. 4, for sub-sections (4), (5), (6) and (7).
2. Subs. by Act 34 of 1972, s. 25, for sub-sections (4), (5) and (6) (w.e.f. 17-6-1972).
3. Ins. by Act 62 of 1951, s. 22.
4. Ins. by Act 62 of 1981, s. 18 (w.e.f, 10-2-1982).
5. Ins. by Act 4 of 2005, s. 2 and the Schedule.
6. Proviso omitted by Act 19 of 1965, s. 5.
-----
ADMISSION AND EXAMINATIONS
.[32. ] [[][Admission to the University.][]][ Rep. by the Aligarh Muslim University (Amendment) Act, ] [1951 ]
(62 of 1951), s. 23.
**33. Examinations.—(1) All arrangements for the conduct of examinations shall be made, and all**
examiners shall be appointed by [1][the Executive Council on the recommendation of the Academic
Council].
2* - - -
(3) The Academic Council shall appoint examination committees, consisting of members of its own
body or of other persons or of both, as it thinks fit, to moderate examination question, [3][and to prepare
and publish] the results of the examinations [4]***
ANNUAL REPORT AND ACCOUNTS
5[34. Annual report.—(1) The Annual Report of the University shall be prepared under the
direction of the Executive Council and shall be submitted to the Court on or after such date as may be
prescribed by the Statutes and the Court shall consider the Report in its annual meeting.
(2) The Court shall submit the Annual Report to the Visitor and also to the Chancellor along with its
comments, if any.]
6[(3) A copy of the Annual Report as submitted to the Visitor shall also be submitted to the Central
Government, which shall, as soon as may be, cause the same to be laid before both Houses of
Parliament.]
7[35. Annual accounts.—(1) The annual accounts and balance sheet of the University shall be
prepared under the direction of the Executive Council and shall, once at least every year and at intervals
of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such
person or persons as he may authorise in this behalf.
(2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the
Court and the Visitor along with the observations of the Executive Council.
(3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the
Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be
submitted to the Visitor.
(4) A copy of the annual accounts, together with the audit report, as submitted to the Visitor, shall
also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid
before both Houses of Parliament.
(5) The audited annual accounts, after having been laid before both the Houses of Parliament, shall be
published in the Gazette of India.]
SUPPLEMENTARY PROVISIONS
**36. Conditions of service of employees.—(1) Every** [8] [employee] of the University shall be
appointed on a written contract, which shall be lodged with the University and a copy of which shall be
furnished to the [9][employee] concerned.
1. Subs. by Act 62 of 1951, s. 24, for “the Academic Council in such manner as may he prescribed by the Ordinances”.
2. Sub-section (2) omitted by s. 24, ibid.
3. Subs. by Act 62 of 1951, s. 24, for “to prepare”.
4. The words “and to report such results to the Executive Council for publication” omitted by s. 24, ibid.
5. Subs. by Act 34 of 1972. s. 26, for s. 34 (w.e.f. 17-6-1972).
6. Ins. by Act 62 of 1981, s. 19 (w.e.f. (10-2-1982).
7. Subs. by s. 20, ibid. (w.e.f. 10-2-1982).
8. Subs. by Act 34 of 1972. s. 28, for “salaried officer and teacher” (w.e.f. 17-6-1972 ).
9. Subs. by s. 28, ibid. for “officer or teacher” (w.e.f. 17-6-1972).
-----
(2) Any dispute arising out of a contract between the University and any of its [1][employees] shall, at
the request of the [1][employee] concerned be referred to a Tribunal of Arbitration consisting of one
member appointed by the Executive Council, one member nominated by the [1][employee] concerned and
an umpire appointed by the [2][Visitor]. The decision of the Tribunal shall be final, and no suit shall lie in
any Civil Court in respect of the matters decided by the Tribunal. Every such request shall be deemed to
be a submission to arbitration upon the terms of this section within the meaning of the Indian Arbitration
Act, 1899[3 ](9 of 1899), and all the provisions of that Act, with the exception of section 2 thereof shall
apply accordingly.
4[36A. Procedure of appeal and arbitration in disciplinary cases against students.—(1) Any
student or candidate for an examination whose name has been removed from the rolls of the University
by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as
the case may be, and who has been debarred from appearing at the examinations of the University for
more than a year, may, within ten days of the date of receipt of such order or copy of such resolution by
him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the
decision of the Vice-Chancellor or the Committee, as the ease may be.
(2) Any dispute arising out of any disciplinary action taken by the University against a student shall
at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-section
(2) of section 36 shall, as far as may be, apply to the reference made under this sub-section.
**36B. Right to appeal.—Every employee or student of the University shall, notwithstanding anything**
contained in this Act, have a right to appeal, within such time as may be prescribed by the Statutes, to the
Executive Council against the decision of any officer or authority of the University and thereupon the
Executive Council may confirm, modify or reverse the decision appealed against.]
**37. Provident and pension funds.—(1) The University shall constitute for the benefit of its**
officers, teachers and servants such [5][pension or provident funds or provide such insurance schemes] as it
it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.
(2) Where such provident or pension fund has been so constituted, the [6][Central Government] may
declare [7]that the provisions of the Provident Funds Act, [8][1925] (19 of 1925), shall apply to such fund, as
as if it were a Government provident fund.
**38. Filling of casual vacancies. —[9]* *** -
(2) [10]*** [11]*** casual vacancies in [12][any office or in any authority] shall be filled up by the authority
which has power to appoint to the office or authority [13]***.
**39. Proceedings of University authorities not invalidated by vacancies.—No act or**
proceeding of any authority of the University shall be invalidated merely by reason of the existence of a
vacancy or vacancies among its members.
1. Subs. by Act 34 of 1972, s. 28, for “officers or teachers” (w.e.f. 17-6-1972)
2. Subs. by Act 62 of 1951, s. 26, for “Visiting Board”.
3. See now the Arbitration Act, 1940 (10 of 1940).
4. Ins. by Act 34 of 1972, s. 29 (w.e.f. 17-6-1972).
5. Subs. by Act 62 of 1951, s. 27, for “provident and pension funds”.
6. Subs. by the A.O. 1937, for “G.G. in C.”.
7. For such declaration see Notification No. 151 (5, dated the 14th July, 1927, Gazette of India, 1927, Pt. I, I. 764
(G.S.R.O. Volume VIII, p. 192).
8. Subs. by Act 62 of 1951, s. 27, for “1897”.
9. Sub-section (1) omitted by s. 28, ibid.
10. The words, brackets and figures “Subject to the provisions of sub-section (3) of section 18,” omitted by Act 34 of
1972, s. 30 (w.e.f. 17-6-1972).
11. The word “other” omitted by Act 62 of 1951, s. 28.
12. Subs. by s. 28, ibid., for “any office of any authority”.
13. Certain words omitted by Act 19 of 1965, s. 8. 12.
-----
1[40. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against
any officer or employee of the University for anything which. is in good faith done or intended to be done
in pursuance of the provisions of this Act, Statutes or Ordinances.
**41. Mode of proof of University record.—A copy of any receipt, application, notice, order,**
proceeding, resolution of any authority or Committee of the University or other documents in possession
of the University or any entry in any register duly maintained by the University, if certified by the
Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding
or resolution, document or the existence of entry in the register and shall be admitted as evidence of the
matters and transactions therein where the original thereof would, if produced, have been admissible in
evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), or in any
other law for the time being in force.]
THE SCHEDULE.—For the Statutes of the University see University Calendar.
9. Ins. by Act 34 of 1972, s. 31 (w.e.f. 17-6-1972).
-----
|
5-Oct-1921 | 18 | The Maintenance Orders Enforcement Act, 1921 | https://www.indiacode.nic.in/bitstream/123456789/2373/1/a1921-18.pdf | central | # THE MAINTENANCE ORDERS ENFORCEMENT ACT, 1921
______
ARRANGEMENT OF SECTIONS
______
SECTIONS
1. Short title and extent.
2. Definitions.
3. Declaration of reciprocal arrangements.
4. Registration in India of maintenance orders maintenance orders made in the reciprocating territories.
5. Transmission of maintenance orders made in India.
6. Power of summary Courts to make provisional maintenance order against persons resident in
reciprocating territories.
7. Powers of Court of summary jurisdiction to confirm maintenance order made out of India.
8. Enforcement of maintenance orders.
9. Payment of charges for transmission of sums awarded as maintenance and other costs and charges.
10. Proof of documents signed by officers of Court.
11. Depositions to be evidence.
12. Rule-making power.
-----
# THE MAINTENANCE ORDERS ENFORCEMENT ACT, 1921
ACT NO. 18 OF 1921[1]
[5th October, 1921.]
# An Act to facilitate the enforcement in [2] [India] of Maintenance Orders made [3] [ [4] *** in
5[reciprocating territories]], 6*** and vice versa.
WHEREAS it is expedient to facilitate the enforcement in [2][India] of Maintenance Orders made [3][[4]***
in [5][reciprocating territories]], [6]*** and vice versa; It is hereby enacted as follows:—
**1. Short title and extent.—(1) This Act may be called the Maintenance Orders Enforcement Act, 1921.**
7[(2) It extends to the whole of India 8[except the State of Jammu and Kashmir*].]
**2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—**
“Court of summary jurisdiction” means the Court of a Chief Presidency Magistrate or of a District
Magistrate;
“dependants” means such persons as a person against whom a maintenance order is made is liable to
maintain according to the law in force in [9][the reciprocating territory] in which the maintenance order is
made;
10[“India” means the territory of India excluding the State of Jammu and Kashmir*;]
“maintenance order” means a decree or order, other than an order of affiliation, made by a Court in
the exercise of civil or criminal jurisdiction for the periodical payment of sums of money towards the
maintenance of the wife or other dependants of the person against whom the order is made;
“prescribed” means prescribed by rules made under this Act;
“proper authority” means the authority appointed by, or under the law of, a reciprocating territory to
receive and transmit documents to which this Act applies; and
11[“reciprocating territory” means any country or territory outside India in respect of which this Act for
the time being applies by virtue of a declaration under section 3.]
12* - - -
1. This Act has been extended and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First
Schedule and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “Part A States and Part C States”.
3. Subs. by the A.O. 1950, for “in other parts of”.
4. The words and letters “in Part B States or” omitted by Act 3 of 1951, s. 3 and the Schedule.
5. Subs. by Act 47 of 1952, s. 2, for “His Majesty’s Dominions and Protectorates”
6. The words “Acceding States and other Indian States” omitted by the A.O. 1950.
7. Subs., ibid., for sub-section (2).
8. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “except Part B States”.
9. Subs. by Act 47 of 1952, s. 3, for “the Part of His Majesty’s Dominions”.
10. Ins. by Act 3 of 1951, s. 3 and the Schedule.
11. Subs. by Act 47 of 1952, s. 3, for definition of “reciprocating territory”.
12. Definition of “States” omitted by Act 3 of 1951, s. 3 and the Schedule. Earlier it was inserted by the A.O. 1950.
***.** _Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and_
Kashmir and the Union territory of Ladakh.
-----
1[3. Declaration of reciprocal arrangements.— If the Central Government is satisfied that
legal provision exists in any country or territory outside India for the enforcement within that
country or territory of maintenance orders made by Courts in India, the Central Government may,
by notification in the Official Gazette, declare that this Act applies in respect of that country or
territory and thereupon it shall apply accordingly.]
**4. Registration in India of maintenance orders made in the reciprocating territories.— (1)**
Where a maintenance order has, whether before or after the passing of this Act, been made against
any person by any Court in any reciprocating territory, and a certified copy of the order has been
transmitted by the proper authority of that territory to the Central Government, the Central
Government shall send a copy of the order to the prescribed officer of a Court in [2][India] for
registration, and, on receipt thereof, the order shall be registered in the prescribed manner.
(2) The Court in which an order is to be so registered as aforesaid shall, if the Court by which
the order was made was, in the opinion of the Central Government, a Court of superior jurisdiction,
be a High Court, and, if the Court was not, in its opinion, a Court of superior jurisdiction, be a
Court of summary jurisdiction.
**5. Transmission of maintenance orders made in India.—Where a Court in** [2][India] has,
whether before or after the commencement of this Act, made a maintenance order against any
person, and it is proved to that Court that the person against whom the order was made is resident
in a reciprocating territory, the Court shall send to the Central Government, for transmission to the
proper authority of that territory, a certified copy of the order.
**6. Power of summary Courts to make provisional maintenance orders against persons**
**resident in reciprocating territories.— (1) Where application is made to a Court of summary**
jurisdiction in [2][India] for a maintenance order against any person, and it is proved that that person
is resident in a reciprocating territory, the Court may, in the absence of that person, if after hearing
the evidence it is satisfied of the justice of the application, make any such order as it might have
made if that person had wilfully neglected to attend the Court; but in such case the order shall be
provisional only and shall have no effect unless and until confirmed by a competent Court in such
territory.
(2) The evidence of every witness who is examined on any such application shall be reduced to
writing, and such deposition shall be read over to, and signed by, him.
(3) Where such an order is made, the Court shall send to the Central Government, for
transmission to the proper authority of the reciprocating territory in which the person against whom
the order is made is alleged to reside, the depositions so taken and a certified copy of the order
together with a statement of the grounds on which the making of the order might have been
opposed if the person against whom the order is made had been duly served with a summons and
had appeared at the hearing and such information as the Court possesses for facilitating the
identification of that person and ascertaining his whereabouts.
(4) Where any such provisional order has come before a Court in a reciprocating territory for
confirmation, and the order has by that Court been remitted to the Court of summary jurisdiction
which made the order for the purpose of taking further evidence, that Court shall, after giving the
prescribed notice, proceed to take the evidence in like manner and subject to the like conditions as
the evidence in support of the original application.
(5) If it appears to the Court hearing such evidence that the order ought not to have been made,
the Court may rescind the order, but in any other case the depositions shall be sent to the Central
Government and dealt with in like manner as the original depositions.
1. Subs. by Act 47 of 1952, s. 4, for section 3.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
-----
(6) The confirmation of an order made under this section shall not affect any power of a Court
of summary jurisdiction to vary or rescind that order:
Provided that, on the making of a varying or rescinding order, the Court shall send a certified
copy thereof to the Central Government for transmission to the proper authority of the reciprocating
territory in which the original order was confirmed, or to which it was sent for confirmation and
that, in the case of an order varying the original order, the order shall not have any effect unless and
until confirmed in like manner as the original order.
**7. Power of Court of summary jurisdiction to confirm maintenance order made out of**
**India.— (1) Where a maintenance order has been made by a Court in a reciprocating territory and**
the order is provisional only, and has no effect unless and until confirmed by a Court of summary
jurisdiction in [1][India], and a certified copy of the order, together with the depositions of the
witnesses and a statement of the grounds on which the order might have been opposed, has been
transmitted to the Central Government, and it appears to the Central Government that the person
against whom the order has been made is resident in [1][India], the Central Government may send the
said documents to the prescribed officer of a Court of summary jurisdiction, with a requisition that
a summons be issued calling upon the person to show cause why that order should not be
confirmed, and, upon receipt of such documents and requisition, the Court shall issue such a
summons and cause it to be served upon such person.
(2) A summons issued under sub-section (1) shall for all purposes be deemed to be a summons
issued by the Court in the exercise of its original criminal jurisdiction.
(3) At the hearing it shall be open to the person to whom the summons was issued to raise any
defence which he might have raised in the original proceedings had he been a party thereto, but no
other defence, and the certificate from the Court which made the provisional order stating the
grounds on which the making of the order might have been opposed if the person against whom the
order was made had been a party to the proceedings shall be conclusive evidence that those grounds
are grounds on which objection may be taken.
(4) If at the hearing the person served with the summons does not appear or, on appearing, fails
to satisfy the Court that the order ought not to be confirmed, the Court may, notwithstanding any
pecuniary limit imposed on its power by any law for the time being in force in [1][India], confirm the
order either without modification or with such modifications as to the Court after hearing the
evidence may seem just:
Provided that no sum shall be awarded as maintenance under this section, or shall be
recoverable as such, at a rate exceeding that proposed in the provisional order.
(5) If the person to whom the summons was issued appears at the hearing and satisfies the
Court that for the purpose of any defence it is necessary to remit the case to the Court which made
the provisional order for the taking of any further evidence, the Court may for that purpose send a
certified copy of the record to the Central Government for transmission to that Court through the
proper authority of the reciprocating territory, and may adjourn the proceedings.
(6) Where a provisional order has been confirmed under this section, it may be varied for
rescinded in like manner as if it had originally been made by the confirming Court, and where on an
application for rescission or variation the Court is satisfied that it is necessary to remit the case to
the Court which made the provisional order for the purpose of taking any further evidence, the
Court may for that purpose send a certified copy of the record to the Central Government for
transmission to that Court through the proper authority of the reciprocating territory, and may
adjourn the proceedings.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
-----
**8. Enforcement of maintenance orders.— (1) Subject to the provisions of this Act, where an**
order has been registered under this Act in a High Court, the order shall, from the date of such
registration, be of the same force and effect, and all proceedings may be taken thereon as if it had
been an order originally obtained in the High Court in the exercise of its civil jurisdiction, or in
such Civil Court subordinate to that High Court as may be named by the High Court in this behalf,
and that Court shall have power to enforce the order accordingly.
(2) A Court of summary jurisdiction in which an order has been registered under this Act or by
which an order has been confirmed under this Act, and the officers of such Court, shall have such
powers and perform such duties, for the purpose of enforcing the order, as may be prescribed.
**9. Payment of charges for transmission of sums awarded as maintenance and other costs**
**and charges.—A Court in registering or confirming an order for maintenance in accordance with**
the provisions of this Act shall direct that the charges for the transmission to the Court, from which
the order has been received or in which the provisional order has been made, as the case may be, of
the sum awarded as maintenance shall be borne by the person against whom the order has been so
made or confirmed, and shall be recovered from him in addition to the sum awarded as maintenance
and in addition to, and in the same manner as, such other costs and charges as may be awarded or
levied by the Court.
**10. Proof of documents signed by officers of Court.—For the purposes of this Act, any**
document purporting to be signed by a judge or officer of a Court outside [1][India] shall, until the
contrary is proved, be deemed to have been so signed without proof of the signature of judicial or
official character of the person appearing to have signed it, and the officer of a Court by whom a
document is signed shall, until the contrary is provided, be deemed to have been the proper officer
of the Court to sign the document.
**11. Depositions to be evidence.— Depositions taken in a Court in any reciprocating territory**
may, for the purposes of this Act, be received in evidence in proceedings before Courts of summary
jurisdiction under this Act.
**12. Rule making power.—[2][(1)] The Central Government [3][may, by notification in the Official**
Gazette, make rules [4]] for the purpose of carrying into effect the purposes of this Act, and in
particular may make rules for the levy of the costs or charges for anything done under this Act and
for all matters which are directed or permitted to be prescribed.
5[(2) Every rule made by the Central Government under this Act shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses agree that the rule should
not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.]
# ______
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
2. Section12, renumbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
3. Subs. by s. 2 and the Schedule, ibid., for “may make rules” (w.e.f. 15-3-1984).
4. For such rules, see Gazette of India, 1923, Pt. I, p. 1263.
5. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
-----
|
15-Mar-1922 | 08 | The Delhi University Act, 1922 | https://www.indiacode.nic.in/bitstream/123456789/2374/1/a1922-08.pdf | central | # THE DELHI UNIVERSITY ACT, 1922 _______
ARRANGEMENT OF SECTIONS ______
SECTIONS
1. Short title and commencement.
2. Definitions.
3. The University.
4. Powers of the University.
5. Territorial exercise of powers.
THE UNIVERSITY
6. University open to all classes, castes and creeds.
7. Teaching of the University.
7A. Visitor.
7B. Chief Rector and Rectors.
OFFICERS OF THE UNIVERSITY
8. Officers of the University.
9. [Omitted.].
10. [Omitted.].
11. [Omitted.].
12. [Omitted.].
13. [Omitted.].
14. [Omitted.].
15. [Omitted.].
16. Powers and duties of officers, etc.
AUTHORITIES OF THE UNIVERSITY
17. Authorities of the University.
18. The Court.
19. [Omitted.].
20. [Omitted.].
21. The Executive Council.
22. [Omitted.].
23. The Academic Council.
24. [Omitted.].
25. Powers and duties of authorities of the University.
UNIVERSITY BOARDS
26. University Boards.
1
-----
SECTIONS
27. Constitution, etc., of Boards to be prescribed by Ordinances.
STATUTES, ORDINANCES AND REGULATIONS
28. Statutes.
29. Statutes how made
30. Ordinances.
31. Ordinances how made.
32. Regulations.
RESIDENCE
33. Residence.
34. Colleges.
35. Halls.
ADMISSION AND EXAMINATIONS
36. [Omitted.].
37. [Omitted.].
ANNUAL REPORT AND ACCOUNTS
38. Annual report.
39. Audit of accounts.
SUPPLEMENTARY PROVISIONS
40. [Omitted.].
41. Disputes as to constitution of University authorities and bodies.
42. Constitution of committees.
43. Filling of casual vacancies.
44. Proceedings of University authorities and bodies not invalidated by vacancies.
45. Conditions of service of officers and teachers.
46. Pension and provident funds.
47. [Omitted.].
48. [Omitted.].
THE SCHEDULE.
2
-----
# THE DELHI UNIVERSITY ACT, 1922
ACT NO. 8 OF 1922
[5th March, 1922.]
# An Act to establish and incorporate a [1][teaching and affiliating University] at Delhi.
WHEREAS it is expedient to establish and incorporate a [1][teaching and affiliating University] at
Delhi; It is hereby enacted as follows: —
**1. Short title and commencement.— (1) This Act may be called the Delhi University Act, 1922.**
(2) It shall come into force on such [2]date as the Central Government may, by notification in the
Official Gazette, direct.
**_2. Definitions.— In this Act and in the Statutes, unless there is anything repugnant in the subject or_**
context, —
3[(a) “College” means an institution maintained or admitted to its privileges by the University,
and includes an Affiliated College and a Constituent College;
_Explanation I—”Affiliated_ College” means an institution recognized by the University in
accordance with the provisions of this Act and the Statutes in which instruction is provided in
accordance with the provisions of the Statutes and Ordinances up to the Bachelor's degree but
exclusive of Honours and post-graduate degrees;
_Explanation II.—”Constituent College” means an institution recognized as such by the Executive_
Council in accordance with the provisions of this Act and the Statutes;
(b) “Hall” means a unit of residence for students of the University provided, maintained or
recognized by it.]
(c) “Patron of the University” means a person who has made a donation of not less than one
lakh of rupees to the funds of the University, and has been declared by the Chancellor to be a
patron of the University;
(d) “Principal” means the head of a College [4][and includes, when there is no Principal, the
person for the time being duly appointed to act as principal, and, in the absence of the principal or
the acting principal, a Vice-Principal duly appointed as such];
5* * * * *
(f) “Statutes”, “Ordinances” and “Regulations” means, respectively, the Statutes, Ordinances
and Regulations of the University made under this Act;
(g) “teachers” includes Professors, Readers, Lecturers and other persons imparting instruction
in the University or in any College or Hall;
6[(h) “teachers of the University” means persons appointed or recognized by the University for
the purpose of imparting instruction in the University or in any College;]
1. Subs. by Act 5 of 1952, s. 2, for “unitary teaching and residential University”.
2. 1st May, 1922, see Gen. R. & O., Vol. V, p. 49; Gazette of India, 1922, Pt. I, p. 384.
3. Subs. by Act 5 of 1952, s. 3, for clauses (a) and (b).
4. Added by Act 24 of 1943, s. 2.
5. Clause (e) omitted by Act 5 of 1952, s. 3.
6. Subs. by s. 3, ibid., for clause (h).
3
-----
(i) “University” means the University of Delhi; and
(j) “Warden” means the head of a Hall.
THE UNIVERSITY
**3. The University. — (1) The first Chancellor and the first Vice-Chancellor of the University**
and the first members of the Court, the Executive Council and the Academic Council and all
persons who may hereafter become such officers or members, so long as they continue to hold such
office or membership, are hereby constituted a body corporate by the name of “the University of
Delhi”.
(2) The University shall have perpetual succession and a common seal, and shall sue and be
sued by the said name.
**4. Powers of the University.— The University shall have the following powers, namely:—**
(1) to provide for instruction in such branches of learning as the University may think fit, and
to make provision for research and for the advancement and dissemination of knowledge.
1 [(2) to hold examinations and to grant to, and confer degrees and other academic
distinctions on, persons who—
(a) have pursued a course of study in the University or in any College, or
(b) are non-collegiate women students residing within the territorial jurisdiction of the
University, or
(c) are teachers in educational institutions under conditions laid down in the Statutes and
Ordinances and have passed the examinations of the University under like conditions,] [2][or]
2[(d) have pursued a course of study by correspondence, whether residing within the
territorial jurisdiction of the University or not,] [3][or]
3[(e) have been registered by the University, subject to such conditions as may be laid
down in the Statutes and Ordinances, as external candidates, being persons residing within
the territorial limits to which the powers of the University extend,].
(3) to confer honorary degrees or other distinctions on approved persons in the manner laid
down in the Statutes,
(4) to grant such diplomas to, and to provide such lectures and instruction for, persons not
being members of the University, as the University may determine,
(5) to co-operate with other Universities and authorities in such manner and for such
purposes as the University may determine,
(6) to institute Professorships, Readerships, Lecturerships and any other teaching posts
required by the University,
(7) to appoint or recognise persons as Professors, Readers or Lecturers, or otherwise as
teachers of the University,
(8) to institute and award Fellowships, Scholarships, Exhibitions and Prizes [4 ]***
5[(9) to maintain Colleges and Halls, to admit to its privileges Colleges not maintained by the
University and to withdraw all or any of those privileges, and to recognize Halls not maintained
by the University and to withdraw any such recognition,]
1. Subs. by Act 5 of 1952, s. 4, for clause (2).
2. Ins. by Act 61 of 1961, s. 2 (w.e.f. 1-2-1962).
3. Ins. by Act 35 of 1970, s. 2 (w.e.f. 20-6-1970).
4. The words “In accordance with the Statutes and the Regulations” omitted by Act 5 of 1952, s. 4.
5. Subs. by s. 4, ibid., for clause (9).
4
-----
1[(9A) to declare, with the consent of the colleges concerned, in the manner specified by the
Academic Council, colleges conducting courses of study in the Faculties of Medicine, Technology,
Music or Fine Arts, as autonomous colleges:
Provided that the extent of the autonomy which each such college may have, and the matters in
relation to which it may exercise such autonomy, shall be such as may be prescribed by the Statutes;
(9B) to set up one or more College Administrative Councils for two or more colleges with such
composition, powers and functions as may be laid down in the Statutes,]
(10) to demand and receive payment of such fees and other charges as may be authorized by the
Ordinances,
(11) to supervise and control the residence and discipline of students of the University, and to
make arrangements for promoting their health and general welfare,
2[(11A) to make grants from the funds of the University for assistance to forms of extramural
teaching,]
3[(12) to make special arrangements in respect of the residence, discipline and teaching of women
students,]
4[(12A) to acquire, hold, manage and dispose of property movable or immovable, including trust or
endowed property, for the purposes of the University,
(12B) with the approval Of the Central Government, to borrow, on the security of University
property, money for the purposes of the University,]
5 [(12C) to create administrative and ministerial and other necessary posts and to make
appointments thereto, and]
(13) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may
be requisite in order to further the objects of the University as a teaching and examining body, and to
cultivate and promote arts, science and other branches of learning.
**5. Territorial exercise of powers.— (1) Save as otherwise provided in this Act, the powers of the**
University conferred by or under this Act [6][(other than those conferred by sub-clause (d) of clause 2
of section 4)] shall not extend [7] [beyond the limits of the [8] [Union territory of Delhi]], and
notwithstanding anything in any other law for the time being in force, no educational institution
beyond 9[those limits] shall be associated with or admitted to any privileges of the University.
10* - - -
11[(1A) Notwithstanding anything contained in sub-section (1), the Central Government may, if it
is of opinion that it is necessary or expedient so to do in the public interest, direct, by order in writing,
the University to admit to its privileges any institution situated outside India and the University shall
be bound to comply with such direction.]
(2) Notwithstanding anything in any other law for the time being in force [12][but subject to the
provisions contained in the Jawaharlal Nehru University Act, 1966 (53 of 1966)], no educational
1. Ins. by Act 48 of 1972, s. 2 (w.e.f. 22-6-1972).
2. Ins. by Act 24 of 1943, s. 3.
3. Subs. by Act 5 of 1952, s. 4, for clause (12).
4. Ins. by Act 61 of 1961, s. 2 (w.e.f. 1-2-1962).
5. Clause (12A) renumbered as clause (12C) by s. 2, ibid. (w.e.f. 1-2-1962).
6. Ins. by s. 3, ibid. (w.e.f. 1-2-1962).
7. Subs. by Act 5 of 1952, s. 5, for “beyond a radius of ten miles from the Convocation Hall of the University”.
8. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “State of Delhi”.
9. Subs. by Act 5 of 1952, s. 5, for “that limit”.
10. Proviso omitted by s. 5, ibid.
11. Ins. by Act 27 of 1981, s. 2 (w.e.f. 9-6-1981).
12. Ins. by Act 53 of 1966, s. 27 (w.e.f. 22-4-1969).
5
-----
institution within the [1][aforementioned limits] shall be associated in any way with or be admitted
to any privileges of any other University incorporated by law in the States, and any such privileges
granted by any such other University to any educational institution within [2][those limits] prior to the
commencement of this Act shall be deemed to be withdrawn on the commencement of this Act:
Provided that the Central Government may, by order3 in writing, direct that the provisions of this
sub-section shall not apply in the case of any institution specified in the order.
4[Provided further that provisions of this sub-section shall not apply in the case of any educational
institution affiliated to the Indraprastha Vishwavidyalaya incorporated under the Indraprastha
Vishwavidyalaya Act, 1998.]
**6. University open to all classes, castes and creeds.— The University shall be open to all persons**
of either sex and of whatever race, [5][creed, caste or class], and it shall not be lawful for the University
to adopt or impose on any person any test whatsoever of religious belief or profession in order to
entitle him to be admitted thereto as a teacher or student, or to hold any office therein, or to graduate
thereat, or to enjoy or exercise any privilege thereof, except [6] *** in respect of any particular
benefaction accepted by the University, where such test is made a condition thereof by any
testamentary or other instrument creating such benefaction:
Provided that nothing in this section shall be deemed to prevent religious instruction being given in
the manner prescribed by the Ordinances to those [7][who have consented to receive it].
**7. Teaching of the University.— (1) All recognized teaching in connection with the University**
courses shall be conducted under the control of the Academic Council by teachers of the University,
and shall include lecturing, laboratory work and other teaching conducted in accordance with any
syllabus prescribed by the Regulations.
8* - - -
(3) The authorities responsible for organizing such teaching shall be prescribed by the Statutes.
(4) The courses and curricula shall be prescribed by the Ordinances and, subject thereto, by the
Regulations.
9* - - -
10[7A. Visitor.— (1) The President of India shall be the Visitor of the University.
(2) The Visitor shall have the right to cause an inspection to be made by such person or persons as
he may direct of the University, its buildings, laboratories and equipment and of any institution
maintained by the University, and also of the examinations, teaching and other work conducted or
done by the University and to cause an inquiry to be made in like manner in respect of any matter
connected with the University.
(3) The Visitor shall in every case give notice to the University of his intention to cause an
inspection or inquiry to be made, and the University shall be entitled to appoint a representative who
shall have the right to be present and be heard at such inspection or inquiry.
(4) The Visitor may address the Vice-Chancellor with reference to the result of such inspection and
inquiry, and the Vice-Chancellor shall communicate to the Executive Council the views of the Visitor
with such advice as the Visitor may offer upon the action to be taken thereon.
1. Subs. by Act 5 of 1952, s. 5, for “aforementioned limit”.
2. Subs. by s. 5, ibid., for “that limit”.
3. For notifications directing that the provisions of this sub-section shall not apply to certain institutions, _see_ Gazette of
India, 1922, Pt. I, p. 491; and, ibid., 1923, Pt. I, pp. 259, 459 and 498.
4. Ins. by Act 43 of 2002, s. 5 (w.e.f. 12-8-2002).
5. Subs. by Act 5 of 1952, s. 6, for “creed or class”.
6. The words “where such test is specially prescribed by the Statutes, or,” omitted by s. 6, ibid.
7. Subs. by s. 6, ibid., for “not unwilling to receive it by persons (whether teachers of the University or not) approved for that
purpose by the Executive Council”.
8. Sub-section (2) rep. by Act 24 of 1943, s. 4.
9. Sub-section (5) omitted by Act 5 of 1952, s. 7.
10. Ins. by s. 8, ibid.
6
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(5) The Executive Council shall communicate through the Vice-Chancellor to the Visitor such
action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.
(6) Where the Executive Council does not, within a reasonable time, take action to the satisfaction
of the Visitor, the Visitor may, after considering any explanation furnished or representation made by
the Executive Council, issue such directions as he may think fit and the Executive Council shall be
bound to comply with such directions.
(7) Without prejudice to the foregoing provisions of this section the Visitor may, by order in
writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes
or the Ordinances:
Provided that before making any such order he shall call upon the University to show cause why
such an order should not be made and, if any cause is shown within a reasonable time shall consider
the same.
**7B. Chief Rector and Rectors.— (1) The Chief Commissioner of the [1][Union territory of Delhi]**
shall be the Chief Rector of the University.
(2) Such persons, as may be appointed in this behalf in accordance with the Statutes, shall be
Rectors of the University.]
OFFICERS OF THE UNIVERSITY
**8. Officers of the University.— The following shall be the officers of the University:—**
(i) the Chancellor,
(ii) the Pro-Chancellor,
(iii) the Vice-Chancellor,
2[(iv) the Pro-Vice-Chancellor, if any,]
(vi) the Treasurer,
(vii)The Registrar,
(viii) the Deans of the Faculties, and
(ix) such other persons in the service of the University as may be declared by the Statutes to be
officers of the University.
**9. [The Chancellor.]—Omitted by the Delhi University (Amendment) Act, 1952 (5 of 1952), s. 10.**
**10. [The Pro-Chancellor.]— Omitted by s. 10, ibid.**
**11. [The Vice-Chancellor.] — Omitted by s. 10, ibid.**
**12. [Power and duties of the Chancellor.]— Omitted by s. 10, ibid.**
**13. [The Rector.] — Omitted by s. 10, ibid.**
**14. [The Treasurer.] — Omitted by s. 10, ibid.**
**15. [The Registrar.] — Omitted by s. 10, ibid**
3[16. **Powers and duties of officers, etc.— Subject to** the provisions of this Act, the powers and
duties of the officers of the University, the terms for which they shall hold office and the filling of
casual vacancies in such offices shall be provided for by the Statutes.]
1. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “State of Delhi”.
2. Subs. by Act 5 of 1952, s. 9, for item (iv).
3. Subs. by s. 11, ibid., for section 16.
7
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AUTHORITIES OF THE UNIVERSITY
**17. Authorities of the University.— The following shall be the authorities of the University:—**
(i) the Court,
(ii) the Executive Council,
(iii) the Academic Council,
1[(iiia) the Finance Committee,]
(iv) the Faculties, and
(v) such other authorities as may be declared by the Statutes to be authorities of the University.
**2[18. The Court.— The Court shall be the supreme authority of the University and shall have the**
power to review the acts of the Executive Council and the Academic Council (save when these
authorities have acted in accordance with the powers conferred upon them under this Act, the Statutes
or the Ordinances) and shall exercise all the powers of the University not otherwise, provided for by
this Act or the Statutes.]
**19.** [Meeting of the Court.] Omitted by the Delhi University (Amendment) Act, 1952
(5 of 1952), s. 14.
**20.** [Powers and duties of the Court.] Omitted by s. 14 ibid.
**21.** **The Executive Council.— The Executive Council shall be the executive body of the**
University and its constitution and the terms of office of its members, other than ex officio members,
shall be prescribed by the Statutes.
**22.** [Powers and duties of the Executive Council.] Omitted by the Delhi University (Amendment)
_Act, 1952 (5 of 1952), s. 14._
**23.** **The Academic Council.— The Academic Council shall be the academic body of the**
University, and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the
control and general regulation, and be responsible for the maintenance, of standards of instruction,
education and examination within the University, and shall exercise such other powers and perform
such other duties as may be conferred or imposed upon it by the Statutes. It shall have the right to
advise the Executive Council on all academic matters. The constitution of the Academic Council and
the term of office of its members, other than ex officio members, shall be prescribed by the Statutes.
**24.** [The Faculties.] Omitted by the Delhi University (Amendment) Act, 1952 (5 of
1952), s. 14.
**3[25. Powers and duties of authorities of the University.— Subject to the provisions of this Act,**
the constitution, powers and duties of the authorities of the University shall be provided for by the
Statutes.]
UNIVERSITY BOARDS
**26. University Boards.— The University shall include a Residence, Health and Discipline Board**
and such other Boards as may be prescribed by the Statutes.
**27. Constitution, etc., of Boards to be Prescribed by Ordinances.— The constitution, powers**
and duties of the Residence, Health and Discipline Board and of all other Boards of the University
shall he prescribed by the Ordinances.
1. Ins. by Act 5 of 1952, s. 12.
2. Subs. by s. 13, ibid., for section 18.
3. Subs. by s. 15, ibid., for section 25.
8
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STATUTES, ORDINANCES AND REGULATIONS
**1[28. Statutes.— Subject to the provisions of this Act, Statutes may provide for all or any of the**
following matters, namely:—
(a) the constitution, powers and duties of the Court, the Executive Council, the Academic
Council, the Finance Committee and such other bodies as may be deemed necessary to constitute
from time to time;
(b) the election and continuance in office of the members of the said bodies, including the
continuance in office of the first members, and the filling of vacancies of members and all other
matters relative to those bodies for which it may be necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of the University;
(d) the constitution of a pension or provident fund and the establishment of an insurance
scheme for the benefit of the officers, teachers and other employees of the University;
(e) the conferment of honorary degrees;
(f) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(g) the establishment and abolition of Faculties, Departments, Halls, Colleges and Institutions;
(h) the conditions under which colleges and other institutions may be admitted to the privileges
of the University and the withdrawal of such privileges;
_2[(hh) the extent of the autonomy which a college, declared as an autonomous college under_
clause (9A) of section 4, may have and the matters in relation to which such autonomy may be
exercised;
(hhh) the composition, powers and functions of College Administrative Councils;]
(i) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes; and
(j) all other matters which by this Act are or may be provided for by the Statutes.]
**29. Statutes how made.— [3][(1) On the commencement of the Delhi University (Amendment)**
Act, 1943 (24 of 1943), the Statutes of the University shall be those set out in the Schedule.]
4[(2) The Executive Council may, from time to time, make new or additional Statutes or may
amend or repeal the Statutes:
Provided that the Executive Council shall not make, amend or repeal any Statute affecting the
status, powers or constitution of any authority of the University until such authority has been given
an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so
expressed shall be considered by the Executive Council:
Provided further that except with the prior concurrence of the Academic Council, the Executive
Council shall not make, amend or repeal any Statute affecting all or any of the following matters,
namely:—
(i) the constitution, powers and duties of the Academic Council, and the other powers which
may be conferred, and duties which may be imposed, on the Academic Council;
(ii) the authorities responsible for organizing recognised teaching in connection with the
University courses;
(iii) the withdrawal of Degrees, Diplomas, Certificates and other academic distinctions;
(iv) the establishment and abolition of Faculties, Departments, Halls, Colleges and Institutions;
1. Subs. by Act 5 of 1952, s. 16, for section 28.
2. Ins. by Act 48 of 1972, s. 3 (w.e.f. 22-6-1972).
3. Subs. by Act 24 of 1943, s. 9, for sub-section (1).
4. Subs. by Act 48 of 1972, s. 4, for sub-sections (2) to (6) (w.e.f. 22-6-1972).
9
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(v) the conditions under which Colleges and other Institutions may be admitted to the
privileges of the University and the withdrawal of such privileges;
(vi) the institution of Fellowships, Scholarships, Studentships, Exhibitions, Medals and
Prizes;
(vii) the extent of the autonomy which a College may have and the matters in relation to which
such autonomy may be exercised;
(viii) the composition, powers and functions of College Administrative Councils; and
(ix) the conditions on the fulfilment of which the teachers of Colleges and Institutions may be
recognised as teachers of the University.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall
require the previous approval of the Visitor who may sanction, disallow or return it to the Executive
Council for further consideration.]
1[30. Ordinances.— Subject to the provisions of this Act and the Statutes, the Ordinances may
provide for all or any of the following matters, namely:—
(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the
University;
(c) the degrees, diplomas, certificates and other academic distinctions to be awarded by the
University, the qualifications for the same, and the means to be taken relating to the granting
and obtaining of the same;
(d) the fees to be charged for courses of study in the University and for admission to the
examinations, degrees and diplomas of the University;
(e) the conditions of the award of fellowships, scholarships, studentships, exhibitions,
medals and prizes;
(f) the conduct of examinations, including the terms of office and manner of appointment
and the duties of examining bodies, examiners and moderators;
(g) the maintenance of discipline among the students of the University;
(h) the conditions of residence of students at the University;
(i) the special arrangements, if any, which may be made for the residence, discipline and
teaching of women students, and the prescribing for them of special courses of study;
(j) the giving of religious instruction;
(k) the emoluments and the terms and conditions of service of teachers of the
University;
(l) the management of colleges and other institutions founded or maintained by the
University;
(m) the supervision and inspection of colleges and other institutions admitted to privileges
of the University; and
(n) all other matters which by this Act or the Statutes are to be or may be provided for by
the Ordinances.
**31. Ordinances how made.—** (1) The Ordinances of the University as in force immediately
before the commencement of the Delhi University (Amendment) Act, 1952 (5 of 1952), may be
amended, repealed or added to at any time by the Executive Council:
Provided that—
(i) no Ordinance shall be made affecting the conditions of residence or discipline of
students, except after consultation with the Academic Council;
1. Subs. by Act 5 of 1952, s. 18, for sections 30 and 31.
10
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(ii) no Ordinance shall be made—
(a) affecting the admission or enrolment of students or prescribing examinations to be
recognised as equivalent to the University examinations, or
(b) affecting the conditions, mode of appointment or duties of examiners or the conduct or
standard of examinations or any course of study,
unless a draft of such Ordinance has been proposed by the Academic Council.
(2) The Executive Council shall not have power to amend any draft proposed by the Academic
Council under the provisions of sub-section (1) but may reject the proposal or return the draft to the
Academic Council for reconsideration, either in whole or in part, together with any amendments
which the Executive Council may suggest.
(3) Where the Executive Council has rejected the draft of an Ordinance proposed by the Academic
Council, the Academic Council may appeal to the Central Government and the Central Government
may, by order, direct that the proposed Ordinance shall be laid before the next meeting of the Court
for its approval and that pending such approval it shall have effect from such date as may be specified
in the order:
Provided that if the Ordinance is not approved by the Court at such meeting, it shall cease to have
effect.
(4) All Ordinances made by the Executive Council shall be submitted, as soon as may be, to the
Visitor and the Court, and shall be considered by the Court at its next meeting and the Court shall
have power, by a resolution passed by a majority of not less than two-thirds of the members voting, to
cancel any Ordinance made by the Executive Council, and such Ordinance shall from the date of such
resolution cease to have effect.
(5) The Visitor may, by order, direct that the operation of any Ordinance shall be suspended until
he has had an opportunity of exercising his power of disallowance, and any order of suspension under
this sub-section shall cease to have effect on the expiration of one month from the date of such order
or on the expiration of fifteen days from the date of consideration of the Ordinance by the Court,
whichever period expires later.
(6) The Visitor may, at any time after an Ordinance has been considered by the Court, signify to
the Executive Council his disallowance of such Ordinance, and from the date of receipt by the
Executive Council of intimation of such disallowance such Ordinance shall cease to have effect.
**32. Regulations.— (1) The authorities [1]* * * of the University may make Regulations consistent**
with this Act, the Statutes, and the Ordinances—
(a) laying down the procedure to be observed at their meetings and the number of members
required to form a quorum;
(b) providing for all matters which by this Act, the Statutes or the Ordinances are to be
prescribed by Regulations; and
(c) providing for all other matters solely concerning such authorities [2] [or Committees
appointed by them] and not provided for by this Act, the Statutes or the Ordinances.
(2) Every authority of the University shall make Regulations providing for the giving of notice to
the members of such authority of the dates of meetings and of the business to be considered at
meetings, and for keeping of a record of the proceedings of meetings.
(3) The Executive Council may direct the amendment, in such manner as it may specify,
of any Regulation made under this section or the annulment of any Regulation made under
sub-section (1):
1. The words “and the Board” omitted by Act 5 of 1952, s. 19.
2. Subs. by s. 19, ibid., for “and Boards”.
11
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Provided that any authority or Board of the University which is dissatisfied with any such direction
may appeal to the [1][Court], whose decision in the matter shall be final.
2(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the
Official Gazette.
(5) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houses
agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or
Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that the Statute, Ordinance or Regulation.”
RESIDENCE
**33. Residence.—** Every student of the University [3][(other than a student who pursues a course of
study by correspondence)] shall reside in a College or a Hall, or under such conditions as may be
prescribed by [4]*** the Ordinances.
**34. Colleges.-** [5][(1) The Colleges shall be such as may, after the commencement of the Delhi
University (Amendment) Act, 1943 (24 of 1943); be recognised by the Executive Council in
accordance with this Act and the Statutes, but shall include all Colleges recognised at the
commencement of the said Act as Colleges of the University so long as such recognition continues.]
(2) The conditions of residence in the Colleges shall be prescribed by the Ordinances, and every
College shall be subject to inspection by any member of the Residence, Health and Discipline Board
authorised in this behalf by the Board and by any officer of the University authorised in this behalf by
the Executive Council.
**35. Halls.— (1)** The Halls shall be such as may be maintained by the University or approved and
recognised by the Executive Council on such general or special conditions as may be prescribed by
the Ordinances.
(2) The wardens and superintending staff of the Halls shall be appointed in the manner
prescribed by the [6][Ordinances].
(3) The conditions of residence in the Halls shall be prescribed by the Ordinances, and every
Hall shall be subject to inspection by any member of the Residence, Health and Discipline Board
authorised in this behalf by the Board and by any officer of the University or other person
authorised in this behalf by the Executive Council.
(4) The Executive Council shall have power to suspend or withdraw the recognition of any
Hall which is not conducted in accordance with the conditions prescribed by the Ordinances.
ADMISSION AND EXAMINATIONS
**36. [Admission to University courses] Omitted by the Delhi University (Amendment) Act, 1952**
(5 of 1952), s. 22.
**37. [Examinations.] Omitted by s. 22, ibid.**
1. Subs. by Act 5 of 1952, s. 19, for “Central Government”.
2. Ins. by Act 4 of 2005, s. 32 (w.e.f. 11-01-2005).
3. Ins. by Act 61 of 1961, s. 4 (w.e.f. 1-2-1962).
4. The words “the Statutes and” omitted by Act 5 of 1952, s. 20.
5. Subs. by Act 24 of 1943, s. 10, for sub-section (1).
6. Subs. by Act 5 of 1952, s. 21, for “Statutes”.
12
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ANNUAL REPORT AND ACCOUNTS
**38. Annual Report.— [1][(1)] The Annual report of the University shall be prepared under the**
direction of the Executive Council, and shall be submitted to the Court on or before such date as may
be prescribed by the Statutes, and shall be considered by the Court at its annual meeting. The Court
may pass resolutions thereon and communicate the same to the Executive Council.
2(2) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the
Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of
Parliament.”
3[39. Audit of accounts.— (1) The accounts of the University shall, once at least in every year and
at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of
India.
(2) The accounts, when audited, shall be published in the Gazette of India, and a copy of the
accounts together with the audit report shall be submitted by the University to the Visitor.]
4[(3) A copy of the accounts, together with the audit report, shall also be submitted to the Central
Government, which shall, as soon as may be, cause the same to be laid before both Houses of
Parliament.”]
SUPPLEMENTARY PROVISIONS
**40.** [Removal of names of registered graduates.] Rep. by the Delhi University (Amendment) Act,
1952 (5 of 1952), s. 24.
**41. Disputes as to constitution of University authorities and bodies.— If any question arises**
whether any person has been duly elected or appointed as, or is entitled to be, a member of any
authority or other body of the University, the matter shall be referred to the Chancellor, whose
decision thereon shall be final.
**42.** **Constitution of committees.— Where any authority of the University is given power by this Act**
or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of
members of the authority concerned and of such other persons (if any) as the authority in each case may
think fit.
**43. Filling of casual vacancies.— All** casual vacancies among the members (other than ex officio
members) of any authority or other body of the University shall be filled, as soon as conveniently may
be, by the person or body who appointed, elected or co-opted the member whose place has become
vacant, and the person appointed, elected or co-opted to a casual vacancy shall be a member of such
authority or body for the residue of the term for which the person whose place he fills would have
been a member.
**44. Proceedings of University authorities and bodies not invalidated by vacancies.—** No act or
proceeding of any authority or other body of the University shall be invalidated merely by reason of the
existence of a vacancy or vacancies among its members.
**5[45. Conditions of service of officers and teachers.— (1)** Every salaried officer and teacher of
the University shall be appointed under a written contract, which shall be lodged with the University
and a copy thereof shall be furnished to the officer or teacher concerned.
(2) Any dispute arising out of a contract between the University and any of its officers or teachers
shall, at the request of the Officer or teacher concerned or at the instance of the University, be referred
to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one
1. Section 38 renumbered as sub-section (1) thereof by Act 25 of 2008, s. 4 (w.e.f. 05-12-2008).
2. Ins. by s.4, ibid. (w.e.f. 05-12-2008).
3. Subs. by s. 23, ibid., for section 39.
4. Ins. by Act 25 of 2008, s. 5. (w.e.f. 05-12-2008).
5. Subs. by Act 5 of 1952, s. 25, for section 45.
13
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member nominated by the officer or teacher concerned and an umpire appointed by the Visitor, and
the decision of the Tribunal shall be final.]
**46. Pension and provident funds.— (1) The University shall constitute, for the benefit of its**
officers, teachers, clerical staff and servants, in such manner and subject to such conditions as may be
prescribed by the Statutes, such pension, insurance and provident funds as it may deem fit.
(2) Where any such pension, insurance or provident fund has been so constituted, [1][or where any
such pension, insurance or provident fund has been constituted by a college under rules which have
been approved by the Central Government], the Central Government may declare that the provisions
of the Provident Funds Act, [2] [1925 (19 of 1925)], shall apply to such funds, as if it were a
Government Provident Fund.
3* - - -
**47.** [Removal of difficulties.] omitted by the Delhi University (Amendment) Act, 1943 (24 _of_
1943), s. 15.
**48. [Completion of courses for students at Delhi Colleges.] omitted by s. 15, ibid.**
_THE SCHEDULE.— For the Statutes of the University see University Calendar._
1. Ins. by Act 24 of 1943, s. 14.
2. Subs. by Act 32 of 1940, s. 3, for “1897”.
3. The heading “TRANSITORY PROVISIONS” omitted by Act 24 of 1943, s. 15.
14
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|
23-Feb-1923 | 05 | The Boilers Act, 1923 | https://www.indiacode.nic.in/bitstream/123456789/2375/1/eng1923-5.pdf | central | # THE BOILERS ACT, 1923
ARRANGEMENT OF SECTIONS
______
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
2A. Application of Act to feed-pipes.
2B. Application of Act to economisers.
3. Limitation of Application.
4. Power to limit extent.
4A. Technical Adviser.
4B. Welders certificate.
4C. Conditions precedent for manufacture of boiler land boiler component.
4D. Inspection during manufacture.
4E. Inspection during erection.
4F. Conditions precedent for repairing boiler and boiler component.
5. Chief Inspector, Deputy Chief Inspectors and Inspectors.
6. Prohibition of use of unregistered or uncertified boiler.
7. Registration.
8. Renewal of certificate.
9. Provisional orders.
10. Use of boiler pending grant of certificate.
11. Revocation of certificate or provisional order.
12. Alterations and renewals to boilers.
13. Alteration or renewal of boiler component.
14. Duty of owner at examination.
15. Production of certificates, etc.
16. Transfer of certificates, etc.
17. Powers of entry.
18. Report of accidents.
19. Appeals to Chief Inspector.
20. Appeals to appellate authority.
20A. Power of Central Government to revise order of appellate authority.
1
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SECTIONS
21. Finality of orders.
22. Minor penalties.
23. Penalties for illegal use of boiler.
24. Other penalties.
25. Penalty for tampering with register mark.
26. Limitation and previous sanction for prosecutions.
26A. Adjudication
26B. Appeal.
27. Trial of offences.
27A. Central Boilers Board.
28. Power to make regulations.
28A. Power of Central Government to make rules.
29. Power to make rules.
30. Penalty for breach of rules.
31. Publication of regulations and rules.
31A. Power of Central Government to give directions.
32. Recovery of fees, etc.
33. Applicability to the Government.
34. Exemptions.
Power to suspend in case of emergency.
35. [Repealed.].
THE SCHEDULE.—[Repealed.].
2
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# THE BOILERS ACT, 1923
ACTNO. 5 OF 1923[1]
An Act to consolidate and amend the law relating to steam-boilers.
# [23rd February, 1923.]
WHEREAS it is expedient to consolidate and amend the law relating to steam-boilers; It is hereby
enacted as follows: —
**1. Short title, extent and commencement.—(1) This Act may he called the [2]*** Boilers Act, 1923.**
3[(2) It extends to the whole of India 4***.]
(3) It shall come into force on such date[5] as the Central Government may, by notification in the
Official Gazette, appoint.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
6[(a) “accident” means an explosion of boiler, or boiler component, which is calculated to weaken the
strength or an uncontrolled release of water or steam therefrom, liable to cause death or injury to any
person or damage to any property;]
7[(aa) “Board” means the Central Boilers Board constituted under section 27A;]
8[(b) “boiler” means a pressure vessel in which steam is generated for use external to itself by
application of heat which is wholly or partly under pressure when steam is shut off but does not include a
pressure vessel,—
(i) with capacity less than 25 liters (such capacity being measured from the feed check valve to
the main steam stop valve);
(ii) with less than one kilogram per centimeter square design gauge pressure and working gauge
pressure; or
(iii) in which water is heated below one hundred degrees centigrade;
(ba) “boiler component” means steam piping, feed piping, economiser, superheater, any mounting or
other fitting and any other external or internal part of a boiler which is subject to pressure exceeding one
kilogram per centimeter square gauge;]
9[(c) “Chief Inspector”, “Deputy Chief Inspector” and “Inspector” mean, respectively, a person
appointed to be a Chief Inspector, a Deputy Chief Inspector and an Inspector under this Act;]
10[(ca) “Competent Authority” means an institution recognised in such manner as may be prescribed
by regulations for issue of certificate to the welders for welding of boiler and boiler components;
(cb) “Competent Person” means a person recognised in such manner as may be prescribed by
1. This Act has been extended in its application to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the
Schedule. 1, to Lakshadweep (w.e.f. 1-10-1967); vide Reg. 8 of 1965, s. 3 and Schedule to Pondicherry by Act 26 of 1968,
s. 3 and the Schedule and to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the schedule.
2. The word “Indian” omitted by Act 49 of 2007, s. 2 (w.e.f. 27-5-2008).
3. Subs. by the A.O. 1950, for sub-section (2).
4. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
5. 1st January, 1924, see Notification No. A- 61, dated the 4th December, 1923, Gazette of India, Pt. I, p. 1695.
6. Subs by Act 49 of 2007, s. 3, for clause (a) (w.e.f. 27-5-2008).
7. Ins. by Act 11 of 1937, s. 3.
8. Subs. by Act 49 of 2007, s. 3, for clause (b) (w.e.f. 1-8-2010).
9. Subs. by Act 18 of 1960, s. 2, for clause (c).
10. Ins. by Act 49 of 2007, s. 3 (w.e.f. 7-10-2010).
3
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regulations for inspection and certification of boilers and boiler components during manufacture, erection
and use. All Inspectors shall be ipso facto competent persons;]
1[(cc) “economiser” means any part of a feed-pipe that is wholly or partially exposed to the action of
flue gases for the purpose of recovery of waste heat;
(ccc) “feed-pipe” means any pipe or connected fitting wholly or partly under pressure through which
feed water passes directly to a boiler and [2][which] does not form an integral part thereof;]
3[(ccd) “Inspecting Authority” means an institution recognised in such manner as may be prescribed
by regulations for the inspection and certification of boilers and boiler components during manufacture.
All Chief Inspectors of Boilers shall be ipso facto Inspecting Authorities;]
(cce) “manufacture” means manufacture, construction and fabrication of boiler or boiler component,
or both;
(ccf) “manufacturer” means a person engaged in the manufacture;]
(d) “owner” [4][includes any person possessing or] using a boiler as agent of the owner thereof and any
person using a boiler which he has hired or obtained on loan from the owner thereof;
(e) “prescribed” means prescribed by regulations or rules made under this Act;
5[(f) “steam pipe” means any pipe through which steam passes if—
(i) the pressure at which steam passes through such pipe exceeds 3.5 kilogram per square
centimeters above atmospheric pressure, or
(ii)such pipe exceeds 254 millimeters in internal diameter and the pressure of steam exceeds 1
kilogram per square centimeters above the atmospheric pressure,
and includes in either case any connected fitting of a steam-pipe;]
6[(g) “structural alteration, addition or renewal” means,—
(i) any change in the design of a boiler or boiler component;
(ii) replacement of any part of boiler or boiler component by a part which does not conform to the
same specification; or
(iii) any addition to any part of a boiler or boiler component;
(h) “superheater” means any equipment which is partly or wholly exposed to flue gases for the
purpose of raising the temperature of steam beyond the saturation temperature at that pressure and
includes a re-heater;
(i) “Technical Adviser” means the Technical Adviser appointed under sub-section (1) of section 4A.]
7[2A. Application of Act to feed-pipes.—Every reference in this Act (except where the word steam
pipe is used in clause (f) of section 2), to a steam-pipe or steam-pipes shall be deemed to include also a
reference to a feed-pipe or feed-pipes, respectively.]
8[2B. Application of Act to economisers.—Every reference in this Act to a boiler or boilers (except
in clause (ccc) of section 2 [9]*** [10]***) shall be deemed to include also a reference to an economiser or
economisers, respectively.]
1. Subs. by Act 34 of 1947, s. 2, for clause (cc)
2. Ins. by Act 40 of 1949, s. 3 and the Second Schedule.
3. Ins. by Act 49 of 2007, s. 3 (w.e.f. 7-10-2010).
4. Subs. by s. 3, ibid., for “includes any person”.
5. Subs. by s. 3, ibid., for clause (f). Earlier it was substituted by Act 18 of 1960, s. 2, for clause (f).
6. Subs. by s. 3, ibid., for clause (g).
7. Ins. by Act 17 of 1943, s. 3.
8. Ins. by Act 34 of 1947, s. 3.
9. The words, bracket, letters and figures “clause (e) of section 6, clauses (c) and (d) of section 11, clause (d) of section 29”
omitted by Act 25 of 1952 s. 2.
10. The words and figures “and section 34” omitted by Act 18 of 1960, s. 3.
4
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[3. Limitation of application. Nothing in this Act shall apply to
(a) locomotive boilers belonging to or under the control of the railways;
(b) any boiler or boiler component,—
(i) in any vessel propelled wholly or in part by the agency of steam;
(ii) belonging to, or under the control of, the Army, Navy or Air Force; or
(iii) appertaining to a sterilizer disinfector used in hospitals or nursing homes, if the boiler does
not exceed one hundred liters in capacity.]
**4. Power to limit extent.—The State Government may, by notification in the Official Gazette,**
exclude[2 ] any specified area from the operation of all or any specified provisions of this Act.
3[4A. Technical Adviser.—(1) The Central Government shall appoint a Technical Adviser from
amongst the persons having such qualifications and experience as may be prescribed by rules.
(2) The terms and conditions of service of the Technical Adviser shall be such as may be prescribed
by the Central Government.
(3) The Technical Adviser shall, in addition to exercising the powers and discharging the functions
assigned to him under this Act or rules or regulations made thereunder, exercise such other powers and
discharge such functions as the Central Government and the Board may delegate to him.
**4B. Welders certificate.—(1) Any person who proposes to undertake any welding work connected**
with or related to a boiler, or a boiler component or both shall apply to a Competent Authority for issue of
a Welders certificate.
(2) On receipt of an application under sub-section (1), the Competent Authority shall follow such
procedure for examination and grant of Welders certificate as may be prescribed by regulations.
(3) The Competent Authority may, if satisfied that the person applying for Welders certificate under
sub-section (2) has complied with the conditions precedent for issue of the Welders certificate, issue such
certificate, to such person subject to the payment of such fee and such other conditions as may be
prescribed by regulations:
Provided that the Competent Authority shall not refuse Welders certificate to any person unless such
person is given an opportunity of being heard.
**4C. Conditions precedent for manufacture of boiler land boiler component.—(1) No person shall**
manufacture or cause to be manufactured any boiler or boiler component, or both unless—
(a) he has provided in the premises or precincts wherein such boiler or boiler component, or both
are manufactured, such facilities for design and construction as may be prescribed by regulations;
(b) the design and drawings of the boiler and boiler component have been approved by the
Inspecting Authority under clause (a) of sub-section (2) of section 4D;
(c) the materials, mounting and fittings used in the construction of such boiler or boiler
component, or both conform to the specifications prescribed by regulations; and
(d) the persons engaged for welding boiler or boiler component hold Welders certificate issued by
a Competent Authority.
**4D. Inspection during manufacture.—(1) Every manufacturer, before commencing manufacture of**
a boiler or boiler component, shall engage an Inspecting Authority for carrying out inspection at such
stages of manufacture as may be prescribed by regulations.
(2) The Inspecting Authority engaged under sub-section (1) shall follow such procedure for
inspection and certification of boiler or boiler component as may be prescribed by regulations and after
inspection, if it is—
1. Subs. by Act 49 of 2007, s. 4, for section 3 (w.e.f. 27-5-2008).
2. The Andaman and Nicobar Islands have been excluded from the operation of the provisions of this Act. See Notification
No. G (B)-10, dated the 21st June, 1924, Gazette of India, 1924, Pt. I, p. 585.
3. Ins. by Act 49 of 2007, s. 5, in respect of section 4A, (w.e.f. 27-5-2008) and in respect of section 4B, 4C, 4D, 4E and 4F
(w.e.f. 7-10-2010).
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(a) satisfied that the boiler or the boiler component conforms to the standards prescribed by
regulations, it shall issue a certificate of inspection and stamp the boiler, or boiler component, or both;
or
(b) of the opinion that the boiler, or boiler component, or both does not conform to the standards
prescribed by regulations, it may for reasons to be recorded in writing refuse to issue such certificate:
Provided that no certificate shall be refused unless the Inspecting Authority had directed the
manufacturer of the boiler or boiler component, or both in writing to carry out such modifications or
rectifications as it deems necessary and the Inspecting Authority is of the opinion that inspite of such
direction the manufacturer of the boiler or boiler component, or both did not carry out the direction.
(3) The Inspecting Authority may, for the purposes of inspection under this section, charge such fee
as may be prescribed by regulations.
**4E. Inspection during erection.—(1) The owner who proposes to register a boiler under**
section 7, shall engage on Inspecting Authority for carrying out inspection at the stage of erection of the
boiler.
(a) The Inspecting Authority shall follow such procedure for inspection and certification of a
boiler or boiler component, or both as may be prescribed by regulations and after inspection if it is—
(b) satisfied that the erection of the boiler is in accordance with the regulations, it shall issue a
certificate of inspection in such form as may be prescribed by regulations; or
(c) of the opinion that the boiler has not been erected in accordance with the regulations, it may
for reasons to be recorded in writing, refuse to grant the certificate and shall communicate such
refusal to the manufacturer of the boiler or boiler component forthwith:
Provided that no such certificate shall be refused unless the Inspecting Authority had directed the
owner in writing to carry out such modifications or rectifications as it deems necessary and the
Inspecting Authority is of the opinion that in spite of such direction the owner did not carry out the
direction.
(2) The Inspecting Authority may, for the purposes of inspection under this section, charge such fee
as may be prescribed by regulations.
**4F. Conditions precedent for repairing boiler and boiler component.—No person shall repair or**
cause to be repaired any boiler or boiler component or both, unless—
(a) he has provided in the premises or precincts, where in such boiler or boiler component or
both are being used, such facilities for repairs as may be prescribed by regulations;
(b) the design and drawings of the boiler or boiler component, as the case may be, and the
materials, mountings and fittings used in the repair of such boiler or boiler component conform to the
regulations;
(c) persons engaged in welding, holds a Welders certificate issued by a Competent Authority;
(d) every user who does not have the in-house facilities for repair of boiler or boiler component
shall engage a Boiler Repairer possessing a Boiler Repairer certificate for repair of a boiler or boiler
component or both, as the case may be;
(e) every user shall engage a Competent Person for approval of repairs to be carried out in house
or by the repairers.]
1[5. Chief Inspector, Deputy Chief Inspectors and Inspectors.—(1) The State Government may
appoint such persons as it thinks fit to be Inspectors for the State for the purposes of this Act, and may
define the local limits within which each Inspector shall exercise the powers and perform the duties
conferred and imposed on Inspectors by or under this Act.
(2) The State Government may appoint such persons as it thinks fit to be Deputy Chief Inspectors for
the State and may define the local limits within which each Deputy Chief Inspector shall exercise his
powers and perform his duties under this Act.
1. Subs. by Act 18 of 1960, s. 5, for section 5.
6
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(3) Every Deputy Chief Inspector may exercise the powers and perform the duties conferred and
imposed on Inspectors by or under this Act and, in addition thereto, may exercise such powers or
perform such duties conferred or imposed of the Chief inspector by or under this Act, as the State
Government may assign to him.
(4) The State Government shall appoint a person to be Chief Inspector for the State who may, in
addition to the powers and duties conferred and imposed on the Chief Inspector by or under this Act,
exercise any power or perform any duty so conferred or imposed on Deputy Chief Inspectors or
Inspectors.
1[(4A) No person shall be appointed as the Chief Inspector, Deputy Chief Inspector or Inspector
unless he possesses such qualifications and experience as may be prescribed by the Central Government.]
(5) Subject to the provisions of this Act, the Deputy Chief Inspectors and Inspectors shall exercise the
powers and perform the duties conferred and imposed on them by or under this Act under the general
superintendence and control of the Chief Inspector.
(6) The Chief Inspector, Deputy Chief Inspectors and Inspectors may offer such advice as they think
fit to owners regarding the proper maintenance and safe working of boilers.
(7) The Chief Inspector and all Deputy Chief Inspectors and Inspectors shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).]
**6. Prohibition of use of unregistered or uncertificated boiler.—Save as otherwise expressly provided**
in this Act, no owner of a boiler shall use the boiler or permit it to be used—
(a) unless it has been registered in accordance with the provisions of this Act;
(b) in the case of any boiler which has been transferred from one State to another, until the transfer
has been reported in the prescribed manner;
(c) unless a certificate or provisional order authorising the use of the boiler is for the time being in
force under this Act;
(d) at a pressure higher than the maximum pressure recorded in such certificate or provisional order;
(e) where the [2][Central Government] has made rules requiring that boiler shall be in charge of persons
holding [3][certificates of proficiency or competency], unless the boiler is in charge of a person holding the
certificate required by such rules:
Provided that any boiler registered, or any boiler certified or licensed, under any Act hereby repealed
shall be deemed to have been registered or certified, as the case may be, under this Act.
4* - - * *
**6.** **Registration.—(1) The owner of any boiler which is not registered under the provisions of this**
Act [5][may apply to the Inspector along with such other documents as may be prescribed by regulations to
have the boiler registered]. Every such application shall be accompanied by the prescribed fee.
(2) On receipt of an application under sub-section (1), the Inspector shall fix a date, within thirty days or
such shorter period as may be prescribed from the date of the receipt, for the examination of the boiler and
shall give the owner thereof not less than ten days’ notice of the date so fixed.
6[(3) On the said date the Inspector shall inspect the boiler with a view to satisfying himself thatthe boiler
has not suffered any damage during its transit from the place or manufacture to the site of erection and forward
a report of the inspection along with the documents to the Chief Inspector within seven days.
(4) The Chief Inspector, on receipt of the report, may—
(a) register the boiler and assign a register number thereto either forthwith or after satisfying himself
that any structural alteration, addition or renewal which he may deem necessary has been made in or to the
boiler or any steam-pipe attached thereto, or
1. Ins. by Act 49 of 2007, s. 6 (w.e.f. 7-10-2010).
2. Subs. by s. 7, ibid., for “State Government” (w.e.f. 7-10-2010).
3. Subs. by Act 18 of 1960, s. 5, for section 5.
4. Proviso omitted by Act 34 of 1939, s. 3 and the Second Schedule.
5. Subs. by Act 49 of 2007, s. 8, for “may apply to the Inspector to have the boiler registered” (w.e.f. 7-10-2010).
6. Subs. by s. 8, ibid., for sub-section (3) (w.e.f. 27-5-2008).
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(b) refuse to register the boiler:
Provided that where the Chief Inspector refuses to register a boiler, he shall forthwith communicate
his refusal to the owner of the boiler together with the reasons therefor.
(5) The Chief Inspector shall, on registering the boiler, order the issue to the owner of a certificate in the
prescribed form authorizing the use of the boiler for a period not exceeding twelve months at a pressure
not exceeding such maximum pressure as he thinks fit and as is in accordance with the regulations made
under this Act:
1[Provided that a certificate issued under this sub-section in respect of an economizer 2[or of an
unfired boiler which forms an integral part of a processing plant in which steam is generated solely by the
use of oil, asphalt or bitumen as a heating medium] may authorise its use for a period not exceeding
twenty-four months.]
(6) The Inspector shall forthwith convey to the owner of the boiler the orders of the Chief Inspector
and shall in accordance therewith issue to the owner any certificate of which the issue has been ordered,
and, where the boiler has been registered, the owner shall within the prescribed period cause the register
number to be permanently marked thereon in the prescribed manner.
**8. Renewal of certificate.—(1) A certificate authorizing the use of a boiler shall cease to be in**
force—
(a) on the expiry of the priod for which it was granted; or
(b) when any accident occurs to the boiler; or
(c) when the boiler is moved, the boiler not being a vertical boiler the heating surface of which is
less than [3][20 square metres], or a portable or vehicular boiler; or
4[(d) save as provided in section 12, when any structural alteration, addition or renewal is made in
or to the boiler;] or
(e) if the Chief Inspector in any particular case so directs, when any structural alteration, addition
or renewal is made in or to any steam-pipe attached to the boiler; or
(f) on the communication to the owner of the boiler of an order of the Chief Inspector or
Inspector prohibiting its use on the ground that [5][it or any boiler component] attached thereto is in a
dangerous condition.
(2) Where an order is made under clause (f) of sub-section (1), the grounds on which the order is
made shall be communicated to the owner with the order.
6[(3) When a certificate ceases to be in force, the owner of the boiler may apply to the Competent
Person for renewal thereof for such period as may be prescribed by regulations.]
7[(4) On receipt of an application under sub-section (3), the Competent Person shall, within fifteen
days from the date of such receipt, inspect the boiler in such manner as may be prescribed by regulations.
(5) If the Competent Person is—
(a) satisfied that the boiler and the boiler components attached thereto arc in good condition he shall
issue a certificate for such period as may be prescribed by regulations.
(b) of the opinion that the boiler or boiler component, or both does not conform to the standards
prescribed by regulations, it may, for reasons to be recorded in writing, refuse to issue such certificate:
Provided that no certificate shall be refused unless the Inspecting Authority had directed the owner of
the boiler or the boiler component, or both in writing to carry out such modifications or rectifications as it
deems necessary and the Competent Person is of the opinion that inspite of such direction the owner of
1. Added by Act 34 of 1947, s. 4
2. Ins. by Act 18 of 1960, s. 7.
3. Subs. by Act 49 of 2007, s. 9, for “18.58 square metres” (w.e.f. 27-5-2008). Earlier it was substituted by Act 18 of 1960,
s. 8, for “two hundred square feet”
4. Subs. by s. 9, ibid., for clause (d) (w.e.f. 27-5-2008).
5. Subs. by s. 9, ibid., for “it or any steam-pipe” (w.e.f. 27-5-2008).
6. Subs. by s. 9, ibid., for sub-section (3) (w.e.f. 7-10-2010).
7. Subs. by s. 9, ibid., for sub-sections (4) and (5) (w.e.f. 7-10-2010).
8
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the boiler or boiler component, or both did not carry out the direction:
Provided further that the Competent Person shall, within forty-eight hours of making the
examination, inform the owner of the boiler or boiler component any defect in his opinion and the
reasons therefore and shall forthwith report the case to the Chief Inspector.
(6) The Competent Person may for the purpose of inspection under this section charge such fee as
may be prescribed by regulations:]
Provided that where the Chief Inspector refuses to renew a certificate, he shall forthwith
communicate his refusal to the owner of the boiler, together with the reason therefor.
(7) Nothing in this section shall be deemed to prevent an owner of a boiler from applying for a
renewal certificate therefor at any time during the currency of a certificates.
**9. Provisional orders.—Where the Inspector reports the case of any boiler to the Chief Inspector**
under sub-section (3) of section 7 [1]*** he may, if the boiler is not a boiler the use of which has been
prohibited under clause (f) of sub-section (1) of section 8, grant to the owner thereof a provisional order
in writing permitting the boiler to be used at a pressure not exceeding such maximum pressure as he
thinks fit and as is in accordance with the regulations made under the Act pending the receipt of the
orders of the Chief Inspector. Such provisional order shall cease to be in force—
(a) on the expiry of six months from the date on which it is granted, or
(b) on receipt of the orders of the Chief Inspector, or
(c)in any of the cases referred to in clauses (b), (c), (d), (e) and (f) of sub-section (1) of section 8.
and on so ceasing to be in force shall be surrendered to the Inspector.
**10. Use of boiler pending grant of certificate.—(1) Notwithstanding anything hereinbefore**
contained, when the period of a certificate relating to a boiler has expired, the owner shall, provided that
he has applied before the expiry of that period for a renewal of the certificate, be entitled to use the boiler
at the maximum pressure entered in the former certificate pending the issue of orders on the application.
(2) Nothing in sub-section (1) shall be deemed to authorize the use of a boiler in any of the cases
referred to in clauses (b), (c), (d), (c) and (f) of sub-section (1) of section 8 occurring after the expiry of
the period of the certificate.
**11. Revocation of certificate or provisional order.—The Chief Inspector may at any time withdraw**
or revoke any certificate or provisional order on the report of an Inspector or otherwise—
(a) if there is reason to believe that the certificate or provisional order has been fraudulently obtained
or has been granted erroneously or without sufficient examination; or
(b) if the boiler in respect of which it has been granted has sustained injury or has ceased to be in
good condition; or
(c) where the [2][Central Government] has made rules requiring that boilers shall be in charge of
persons holding [3][certificates of proficiency or competency], if the boiler is in charge of a person not
holding the certificate required by such rules; or
4* - - - *
5* - - - *
**12. Alterations and renewals to boilers.—No structural alteration, addition or renewal shall be made in**
or to any boiler registered under this Act unless such alteration, addition or renewal has been sanctioned in
writing by the Chief Inspector.
6[Provided that no such sanction is required where the structural alteration, addition or renewal is made
under the supervision of a Competent Person.]
1. The words, brackets and figures “or sub-section (5) of section 8” omitted by Act 49 of 2007, s.10 (w.e.f. 27-5-2008).
2. Subs. by s. 11, ibid., for “State Government” (w.e.f. 7-10-2010).
3. Subs. by Act 18 of 1960, s. 9, for “certificates of competency”.
4. Clause (d) omitted by Act 49 of 2007, s. 11 (w.e.f. 7-10-2010).
5. Proviso omitted by s. 11, ibid. (w.e.f. 7-10-2010).
6. Ins. by 49 of 2007, s. 12, ibid. (w.e.f. 7-10-2010).
9
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[13. Alteration or renewal of boiler component. (1) Before the owner of any boiler registered under
this Act makes any structural alteration, addition or renewal in or to any boiler component attached to the
boiler, he shall transmit to the Chief Inspector a report in writing of his intention and send therewith such
particulars of proposed alteration, addition or renewal as may be prescribed by regulations.
(2) Any structural alteration, addition or renewal referred to in sub-section (1) shall be made by a
person possessing a Boiler Repairer certificate under the supervision of the Competent Person.]
**14. Duty of owner at examination.—(1) On any date fixed under this Act for the examination of a**
boiler, the owner thereof shall be bound—
(a) to afford to the [2][Competent Person] all reasonable facilities for the examination and all such
information as may reasonably be required of him;
(b) to have the boiler properly prepared and ready for examination in the [3][manner prescribed by
regulations]; and
(c) in the case of an application for the registration of a boiler, to provide such drawings,
specifications, certificates and other particulars as may be [4][prescribed by regulations].
(2) If the owner fails, without reasonable cause, to comply with the provisions of sub-section (1),
the [2][Competent Person] shall refuse to make the examination and shall report the case to the Chief
Inspector who shall, unless sufficient cause to the contrary is shown, require the owner to file a fresh
application under section 7 or section 8, as the case may be, and may forbid him to use the boiler
notwithstanding anything contained in section 10.
**15. Production of certificates, etc.—The owner of any boiler who holds a certificate or provisional**
order relating thereto shall, at all reasonable times during the period for which the certificate or order is in
force, be bound to produce the same when called upon to do so by a District Magistrate, Commissioner of
Police or Magistrate of the first class having jurisdiction in the area in which the boiler is for the time
being, or by the Chief Inspector or by an Inspector or by any Inspector appointed under
the [5][the Factories Act, 1948 (63 of 1948)],or by any person specially authorized in writing, by a District
Magistrate or Commissioner of Police.
**16. Transfer of certificates, etc.—If any person becomes the owner of a boiler during the period for**
which a certificate or provisional order relating thereto is in force, the preceding owner shall be bound to
make over to him the certificate or provisional order.
**17. Powers of entry.—An inspector may, for the purpose of inspecting or examining a boiler or any**
steam-pipe attached thereto or of seeing that any provision of this Act or of any regulation or rule made
there under has been or is being observed, at all reasonable times enter any place or building within the
limits of the area for which he has been appointed in which he has reason to believe that a boiler is in use.
**18.** **Report of accidents.—(1) If any accident occurs to a boiler or [6][boiler component], the owner or**
person in charge thereof shall, within twenty-four hours of the accident, report the same in writing to the
Inspector. Every such report shall contain a true description of the nature of the accident and of the
injury, if any, caused thereby to the boiler or to the [6][boiler component] or to any person, and shall be in
sufficient detail to enable the inspector to judge of the gravity of the accident.
(2) Every person shall be bound to answer truly to the best of his knowledge and liability every
question put to him in writing by the Inspector as to the cause, nature or extent of the accident.
7[(3) Without prejudice to the provisions of sub-section (1), where any death has resulted due to any
accident, an inquiry may be conducted by such person and in such manner as may be prescribed by the
Central Government.]
1. Subs. by Act 49 of 2007, s. 13, for section 13 (w.e.f. 7-10-2010) .
2. Subs. by s. 14, ibid., for “Inspector” (w.e.f. 7-10-2010).
3. Subs. by s. 14, ibid., for “prescribed manner” (w.e.f. 7-10-2010).
4. Subs. by s. 14, ibid., for “be prescribed by regulations” (w.e.f. 7-10-2010).
5. Subs. by s. 15, ibid., for “the Indian Factory Act, 1911 (12 of 1911)” (w.e.f. 27-5-2008)
6. Subs. by s. 16, ibid., for “steam-pipe” (w.e.f. 27-5-2008).
7. Ins. by s. 16, ibid. (w.e.f. 7-10-2010).
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**19. Appeals to Chief Inspector.** [(1)] Any person considering himself aggrieved by
(a) an order made or purporting to be made by an Inspector in the exercise of any power
conferred by or under this Act, or
(b) a refusal of an Inspector to make any order or to issue any certificate which he is required or
enabled by or under this Act to make or issue,
may, within thirty days from the date on which such order or refusal is communicated to him, appeal
against the order or refusal to the Chief Inspector.
2[(2) Every appeal under sub-section (1) shall be made in such manner as may be prescribed by the
State Government.
(3)The procedure for disposing of an appeal shall be such as may be prescribed by the State
Government.]
**20. Appeals to appellate authority.—[3][(1)] Any person consider himself aggrieved by an original or**
appellate order of the Chief Inspector—
(a) refusing to register a boiler or to grant or renew a certificate in respect of a boiler; or
(b) refusing to grant a certificate having validity for the full period applied for; or
(c) refusing to grant a certificate authorizing the use of a boiler at the maximum pressure
desired; or
(d) withdrawing or revoking a certificate or provisional order; or
(e) reducing the amount of pressure specified in any certificate or the period for which such
certificate has been granted; or
(f) ordering any structural alteration, addition or renewal to be made in or to a boiler or steam
pipe or refusing sanction to the making of any structural alteration, addition or renewal in or to a
boiler, may, within thirty days of the communication to him of such order, [6][prefer an appeal to the
Central Government].
4[(2) Any person considering himself aggrieved by the refusal of an Inspecting Authority to grant a
certificate of inspection of manufacture or erection, as the case may be, may, within thirty days from the
date of communication of such refusal, prefer an appeal to the Central Government.
(3) Every appeal under sub-section (1) shall be made in such manner as may be prescribed by the
Central Government.
(4) The procedure for disposing of an appeal shall be such as may be prescribed by the Central
Government.]
5[20A. Power of Central Government to revise order of appellate authority.—(1) Any person
considering himself aggrieved by an order of the appellate authority refusing under section 20 to interfere
with an order not to register a boiler or not to grant or renew a certificate in respect thereof on the ground
that the boiler does not conform to the regulations made under this Act may, within two months of the
communication to him of such order, make an application to the Central Government for a revision of that
order on the ground that such boilers are in use in other countries.
(2) Upon the receipt of such an application, the Central Government may, after calling for relevant
records and other information from the appellate authority and considering the observations, if any, of
that authority on the application and after obtaining such technical advice as the Central Government may
consider necessary, pass such order in relation to the application, as the Central Government thinks fit;
and, Where the revision is allowed, the order shall specify the terms and conditions on which any
variations from the regulations made under this Act are to be dealt with during the examination of the
boiler.]
1. Section 19 renumbered as sub-section (1) by Act 49 of 2007, s. 17 (w.e.f. 27-5-2008).
2. Ins. by s. 17, ibid. (w.e.f. 27-5-2008).
3. Section 20 renumbered as sub-section (1) by s. 18, ibid. (w.e.f. 27-5-2008).
4. Ins. by s. 18, ibid. (w.e.f. 7-10-2010).
5. Ins. by Act 18 of 1960, s. 10
11
-----
[21. Finality of orders. [An order of the Central Government under sections 20 and 20A,] or of
the chief Inspector, or of a Deputy Chief Inspector, or of an Inspector, shall be final and shall not be
called in question in any court.]
**22. Minor penalties.— Any owner of a boiler who refuses or without reasonable excuse neglects—**
(i) to surrender a provisional order as required by section 9, or
(ii) to produce a certificate or provisional order when duly called upon to do so under
section 15, or
(iii) to make over to the new owner of a boiler a certificate or provisional order as required
by [3][Section 16; or]
4[(iv) to report an accident to a boiler or boiler component when so required under Section 18,]
shall be [5][liable to penalty] which may extend to [6][five thousand rupees].
**7[23. Penalties for illegal use of boiler.—Any owner of a boiler who—**
(a) in any case in which a certificate or provisional order is required for the use of the boiler
under this Act, uses the boiler either without any such certificate or order being in force or at a higher
pressure than that allowed thereby; or
(b) uses or permits to be used a boiler which has been transferred from one State to another
without such transfer having been reported as required under clause (b) of section 6; or
(c) fails to cause the register number allotted to the boiler under this Act to be permanently
marked on the boiler as required under sub-section (6) of section 7,
shall be liable to penalty which may extend to one lakh rupees, and in the case of a continuing
contravention or failure, with an additional penalty which may extend to one thousand rupees for every
day during which such contravention or failure continues.]
**24. Other penalties.—Any person who—**
[8]* * * *
(c) makes any structural alteration, addition or renewal in or to a boiler without first obtaining the
sanction of the Chief Inspector when so required by section 12, or to a steam-pipe without first
informing the Chief Inspector when so required by section 13, or
8* * * *
(e) tampers with a safety valve of a boiler so as to render it inoperative at the maximum pressure
at which the use of the boiler is authorized under this Act.
9[(f) allows another person to go inside a boiler without effectively disconnecting the same in the
prescribed manner from any steam or hot water connection with any other boiler or from fuel mains,]
shall be [10][punishable with imprisonment which may extend to two years or with fine which may
extend to one lakh rupees, or with both]
1. Subs. by Act 18 of 1960, s. 11, for section 21.
2. Subs. by s. 19, _ibid., for “An order of the Central Government under section 20A and save as otherwise provided in_
sections 19, 20 and 20A, an order of an appellate authority” (w.e.f. 7-10-2010).
3. Subs by Act 18 of 2023, s. 2 and Schedule for “section 16,” (w.e.f. 22-9-2023).
4. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 22-9-2023).
5. Subs by s. 2 and the Schedule, ibid., for “punishable with fine” (w.e.f. 22-9-2023).
6. Subs. by Act 49 of 2007, s. 20, for “one hundred rupees” (w.e.f. 27-5-2008).
7. Subs. by Act 18 of 2023, s. 2 and Schedule for section 23 (w.e.f. 22-9-2023).
8. Clauses (a), (b) and (d) omitted by s. 2 and Schedule, ibid. (w.e.f. 22-9-2023).
9. Ins. by Act 18 of 1960, s. 12.
10. Subs. by Act 49 of 2007, s. 22, for “punishable with fine which may extend to five hundred rupees” (w.e.f. 27-5-2008).
12
-----
**25. Penalty for tampering with register mark.—(1) Whoever removes, alters, defaces, renders**
invisible or otherwise tampers with the register number marked on a boiler in accordance with the
provisions of this Act or any Act repealed hereby, shall be [1][liable to penalty] which may extend
to [2][one lakh rupees].
(2) Whoever fraudulently marks upon a boiler a register number which has not been allotted to it under
this Act or any Act repealed hereby, shall be punishable with imprisonment which may extend to two years, or
with [3][fine which may extend to one lakh rupees or with both].
**26. Limitation and previous sanction for prosecutions.—No prosecution for an offence made**
punishable by or under this Act shall be instituted except within [4][twenty-four months] from the date of the
commission of the offence and no such prosecution shall be instituted without the previous sanction of the
Chief Inspector.
**5[26A. Adjudication.—(1) The State Government or the Union territory administration, as the case**
may be, for the purposes of determining the penalties under sections 22, 23, sub-section (1) of
section 25 and section 30, may authorise the District Magistrate or the Additional District Magistrate, as
the case may be, having jurisdiction, to be the adjudicating officer to hold an inquiry and impose
penalty, in the manner as may be prescribed by the State Government or the Central Government, as the
case may be.
(2) The adjudicating officer may summon and enforce the attendance of any person acquainted with
the facts and circumstances of the case to give evidence or to produce any document, which in the
opinion of the adjudicating officer, may be useful for, or relevant to, the subject-matter of the inquiry,
and if, on such inquiry, he is satisfied that the person concerned has failed to comply with the provisions
of sections 22, 23, sub-section (1) of section 25 and section 30, he may impose penalty:
Provided that no such penalty shall be imposed without giving the person concerned a reasonable
opportunity of being heard.
**26B. Appeal.—(1) Whoever aggrieved by the order, passed by the adjudicating officer under**
section 26A, may prefer an appeal to an officer not below the rank of Secretary to the State Government
or the Union territory administration, as the case may be, to be an appellate authority, specially
authorised by that Government or administration in this behalf, within sixty days from the date of receipt
of order, in such form and manner as may be prescribed by the State Government or the Central
Government, as the case may be.
(2) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies
the appellate authority that he had sufficient cause for not preferring the appeal within that period.
(3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard,
pass such order as he may think fit.
(4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing.]
**27. Trial of offences—No offence made punishable by or under this Act shall be tried by a Court**
inferior to that of a [6]*** Magistrate of the first class.
**7[27A. Central Boilers Board.—(1) A Board to be called the Central Boilers Board shall be constituted**
to exercise the powers conferred by section 28.
8[(2) The Board shall consist of the following members, namely:—
(a) the Secretary to the Government of India incharge of the Department of the Central Government
having administrative control of the Board who shall be the Chairperson ex officio;
1. Subs. by Act 18 of 2023, s. 2 and the Schedule for “punishable with fine” (w.e.f. 22-9-2023).
2. Subs. by Act 49 of 2007, s. 23, for “five hundred rupees” (w.e.f. 27-5-2008).
3. Subs. by s. 23, ibid., for “fine which may extend to one lakh rupees or with both” (w.e.f. 27-5-2008)
4. Subs. by Act 18 of 1960, s. 13, for “six months”.
5. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 22-9-2023).
6. The words “Presidency Magistrate or a” omitted by s. 2 and Schedule, ibid. (w.e.f. 22-9-2023).
7. Ins. by Act 11 of 1937, s. 4.
8. Subs. by Act 49 of 2007, s. 24, for sub-sections (2) and (3) (w.e.f. 27-5-2008).
13
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(b) a senior technical officer conversant with the inspection and examination of boilers, to be
nominated by the Government of each State (other than a Union territory);
(c) equal number of other persons as in sub-section (b) above to represent —
(i) Central Government,
(ii) the Bureau of Indian Standards,
(iii) boiler and boiler component manufacturers,
(iv) National laboratories,
(v) engineering consultancy agencies,
(vi) users of boilers, and
(vii) such other interests which in the opinion of the Central Government ought to be
represented on the Board, to be nominated by the Central Government;
(d) Technical Adviser, Member-Secretary ex officio.
(3) The term of office of the members nominated under clauses (b) and (c) of sub-section (2)
shall be such as may be prescribed by the Central Government.]
1[(4) The Board shall have full power to regulate by means of bye-laws or otherwise its own
producer and the conduct of all business to be transacted by it, the constitution of committees and
subcommittees of members and the delegation to them of any of the powers and duties of the Board.]
(5) The powers of the Board may be exercised notwithstanding any vacancy in the Board.]
**28. Power to make regulations. —[2][(1)] The** [3][Board] may, by notification in the Gazette of India,
make regulations consistent with this Act for all or any of the following purposes, namely: —
4[(a) for laying down the standard conditions in respect of material, design, construction, erection,
operation and maintenance which shall be required for the purposes of enabling the registration and
certification of boilers, boiler components, boiler mountings and fittings under this Act;]
5[(aa) for prescribing the circumstances in which, the extent to which, and the conditions subject to which
variation from the standard conditions laid down under clause (a) may be permitted;]
(b) for prescribing the method of determining the maximum pressure at which a boiler may be used ;
(c) for regulating the registration of boilers, prescribing the fees payable therefore, [6][and for the
inspection and examination of boilers or parts thereof] the drawings, specifications, certificates and
particulars to be produced by the owner, the method of preparing a boiler for examination, the form of the
Inspector's report thereon, the method of marking the register number, and the period within which such
number is to be marked on the boiler;
(d) for regulating the inspection and examination of boilers and [7][boiler components, boiler
mountings and fittings], and prescribing forms of certificates therefore ;
(e) for ensuring the safety of persons working inside a boiler; and
8[(ea) for prescribing the qualifications and experience subject to which the Inspecting Authorities,
Competent Authorities and Competent Persons shall be recognised under this Act;
(eb) the conditions subject to which and the manner in which manufacturer of boiler components of
material may be recognised;
(ec) facilities for design and construction which are required to be provided in the premises in which
the manufacturing of any boiler or boiler component is carried out;
1. Subs. by Act 18 of 1960, s. 14, for sub-section (4).
2. Section 28 re-numbered as sub-section (1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
3. Subs. by Act 11 of 1937, s. 5, for “G.G. in C.”
4. Subs. by 49 of 2007, s. 25, for clause (a) (w.e.f. 27-5-2008).
5. Ins. by Act 11 of 1937, s. 5.
6. Ins. by Act 18 of 1960, s. 15.
7. Subs. by Act 49 of 2007, s. 25, for “steam-pipes” (w.e.f. 27-5-2008).
8. Ins. by s. 25, ibid. (w.e.f. 27-5-2008).
14
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(ed) fee for the purposes of inspection or grant of recognition or any certificate under this Act;
_(ef) procedure for examination and grant of Welders certificate;_
(eg) powers and functions which the Board may delegate to the Technical Adviser;
(eh) documents to be enclosed along with the application for registration of boilers or renewal of a
certificate authorising the use of boilers;
(ei) the manner of inspection of boilers;
(ej) the period for which a certificate authorising the use of a boiler may be renewed;
(ek) the conditions subject to which and the form in which Competent Person shall renew a certificate
authorising the use of boilers;
(el) the manner and the form in which a Repairer’s certificate shall be issued;
(em) the manner in which the boiler shall be prepared for examination;
(en) drawings, specification, documents and other particulars which owner of a boiler is required to
make available to the Competent Person;
(eo) the manner in which a person may be authorised to conduct energy audit and the manner in
which such audit shall be conducted;
(ep) the manner in which disputes between the States with respect to registration of boilers shall be
resolved.]
(f) for providing for any other matter which is not, in the opinion of the [Board], a matter of merely
local or State importance.
1[(2) Every regulation made under this Act shall be laid, as soon as may be after it is made before
each House of Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions and if, before the expiry of the session immediately
following the session or the successive aforesaid, both Houses agree in making any modification in the
regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
that regulation.]
2[28A. Power of Central Government to make rules.—3[(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(1A) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the procedure to be followed in making applications under section 20A and the fees payable in
respect of such application;
(b) the qualifications and experience of persons to be appointed as Chief Inspectors, Deputy Chief
Inspectors and Inspectors;
(c) the manner in which appeals may be preferred to the Board, the fees payable in respect of
appeals and the procedure to be followed of disposing such appeals;
4[(ca) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26A;
(cb) the form and manner of preferring appeal under sub-section (1) of section 26B;]
(d) the term of office of the members and the manner in which they shall be nominated under
clauses (b) and (c) of sub-section (2) of section 27A;
(e) the qualifications and experience of the Technical Adviser;
(f) for requiring boilers to be under the charge of persons holding certificate of proficiency or
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Ins. by Act 18 of 1960, s. 16.
3. Subs. by Act 49 of 2007, s. 26, for sub-section (1) (w.e.f. 27-5-2008).
4. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 22-9-2023).
15
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competency and for prescribing the conditions on which such certificate may be granted;
(g) the manner in which and the person who shall conduct inquiry into the accident.]
(2) Every rule made under sub-section (1) shall be laid as soon as may be after it is made before
each House of Parliament while it is in session for a total period of thirty days which may be comprised
in one session or [1][in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid] both Houses agree in making
any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that
any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.]
**29. Power to make rules.—[2][(1)] The State Government may, by notification in the Official**
Gazette, make rules consistent with this Act and the regulations made there under for all or any of the
following purposes, namely :—
3[(a) the powers and duties of the Chief Inspector, Deputy Chief Inspectors and Inspectors]
(b) for regulating the transfer of boilers ;
(c) for providing for the registration and certification of boilers in accordance with the regulations
made under this Act ;
4* - - -
(e) for prescribing the times within which Inspectors shall be required to examine boilers under
section 7 or section 8 ;
5[(f) fee payable for registration of boilers;]
(g) for regulating inquires into accidents ;
6[(h) the manner in which appeals shall be preferred to the Chief Inspector and the procedure to be
followed for hearing such appeals;]
7[(ha) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26A;
(hb) the form and manner of preferring appeal under sub-section (1) of section 26B;]
(i) for determining the mode of disposal of fees, costs and penalties levied under this Act; and
8* * * * *
9* * * * *
[10][(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after
it is made, before the State Legislature.]
**30. Penalty for breach of rules.—Any regulation or rule made under section 28 or section 29 [11][may**
direct that a person contravening such regulation or rule shall be [12][liable to penalty, in the case of a first
contravention, with penalty] which may extend to [13][one thousand rupees], and in the case of
any [14][subsequent contravention, with penalty] which may extend to [15][one lakh rupees]].
1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986).
2. Section 29 re-numbered as sub-section (1) by, s. 2 and the Schedule, ibid. (w.e.f. 15-5-1986).
3. Subs. by Act 49 of 2007, s. 27 for clause (a) (w.e.f. 7-10-2010).
4. Clause (d) omitted by s. 27, ibid. (w.e.f. 27-5-2008).
5. Subs. by s. 27, ibid., for clause (f) (w.e.f. 27-5-2008).
6. Subs. by s. 27, ibid., for clause (h) (w.e.f. 27-5-2008).
7. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 22-9-2023).
8. Clause (j) omitted by Act 49 of 2007, s. 27, (w.e.f. 27-5-2008)
9. The proviso rep. by the A.O. 1937.
10. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
11. Subs. by Act 18 of 1960, s. 18 for certain words.
12. Subs. by Act 18 of 2023, s. 2 and the Schedule for “punishable, in the case of a first offence, with fine”
(w.e.f. 22-9-2023).
13. Subs. by Act 49 of 2007, s. 28, for “one hundred rupees” (w.e.f. 27-5-2008).
14. Subs. by Act 18 of 2023, s. 2 and Schedule for “subsequent offence, with fine” (w.e.f. 22-9-2023).
15. Subs. by Act 49 of 2007, s. 28, for “one thousand rupees” (w.e.f. 27-5-2008).
16
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1[31A. Power of Central Government to give directions.—The Central Government may give such
directions as it may deem necessary to a State Government regarding the carrying into execution of the
provisions of this Act, and the State Government shall comply with such directions.]
**32. Recovery of fees, etc.—All fees, costs and penalties levied under this Act shall be recoverable as**
arrears of land revenue.
**33. Applicability to the Government.—Save as otherwise expressly provided, this Act shall apply**
to boilers and [2][boiler components] belonging to the Government.
**34. Exemptions. Power to suspend in case of emergency.—[3][(1) The State Government may, by**
notification in the Official Gazette, exempt from the operation of this Act, subject to such conditions and
restrictions as it thinks fit, any boilers or classes or types of boilers used exclusively for the heating of
buildings or the supply of hot water.]
4[(2) In case of any emergency the State Government may by general or special order in writing,
exempt any boilers or steam-pipes or any class of boilers or steam-pipes or any boiler or steam-pipe from
the operation of all or any of the provisions of this Act.]
5[(3) If the State Government is satisfied that having regard to the material, design or construction of
boilers and to the need for the rapid industrialisation of the country, it is necessary so to do, it may, by
notification in the Official Gazette and subject to such conditions as may be prescribed by regulations,
exempt any boiler or boiler components in the whole or any part, of the State from the operation of all or
any of the provisions of this Act.]
**35. [Repeal of enactments.]—Rep. by the Repealing Act, 1927 (12 of 1927) s. 2 and the Schedule.**
THE SCHEDULE [Enactments repealed.] Rep. by s. 2 and the Schedule, ibid.
______
1. Ins. by Act 18 of 1960, s. 19.
2. Subs by Act 49 of 2007, s. 29, for “steam-pipes” (w.e.f. 27-5-2008).
3. Ins. by Act 9 of 1929, s. 3. Earlier section 34 was re-numbered as sub-section (2) of the said Act by 9 of 1929, s. 3.
4. Subs. by Act 18 of 1960, s. 20, for sub-section (2).
5. Subs. by Act 49 of 2007, s. 30, for sub-section (3) (w.e.f. 7-10-2010).
17
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|
5-Mar-1923 | 08 | The Employees Compensation Act, 1923 | https://www.indiacode.nic.in/bitstream/123456789/19236/1/a1923-08.pdf | central | THE EMPLOYEE’S COMPENSATION ACT, 1923
____________
ARRANGEMENT OF SECTIONS
____________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
EMPLOYEE’S COMPENSATION
3. Employer’s liability for compensation.
4. Amount of compensation.
4A. Compensation to be paid when due and penalty for default.
5. Method of calculating wages.
6. Review.
7. Commutation of half-monthly payments.
8. Distribution of compensation.
9. Compensation not to be assigned, attached or charged.
10. Notice and claim.
10A. Power to require from employers statements regarding fatal accidents.
10B. Reports of fatal accidents and serious bodily injuries.
11. Medical examination.
12. Contracting.
13. Remedies of employer against stranger.
14. Insolvency of employer.
14A. Compensation to be first charge on assets transferred by employer.
15. Special provisions relating to masters and seamen.
15A. Special provisions relating to captains and other members of crew of aircrafts.
15B. Special provisions relating to employees abroad of companies and motor vehicles.
16. Returns as to compensation.
17. Contracting out.
17A.Duty of employer to inform employee of his rights.
18. [Repealed.].
18A. Penalties.
CHAPTER III
COMMISSIONERS
19. Reference to Commissioners.
20. Appointment of Commissioners.
21. Venue of proceedings and transfer.
22. Form of application.
22A. Power of Commissioner to require further deposit in cases of fatal accident.
1
-----
SECTIONS
23. Powers and procedure of Commissioners.
24. Appearance of parties.
25. Method of recording evidence.
25A. Time limit of disposal of cases relating to compensation.
26. Costs.
27. Power to submit eases.
28. Registration of Agreements.
29. Effect of failure to register agreement.
30. Appeals.
30A. [Omitted.].
31. Recovery.
CHAPTER IV
RULES
32. Power of the State Government to make rules.
33. [Repealed.].
34. Publication of rules.
35. Rules to give effect to arrangements with other countries for the transfer of money paid as
compensation.
36. Rules made by Central Government to be laid before Parliament.
SCHEDULE I.—LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL
DISABLEMENT.
SCHEDULE II.—LIST OF PERSONS WHO, SUBJECT TO THE PROVISIONS OF SECTION 2
(1) (nn),’ ARE INCLUDED IN THE DEFINITION OF EMPLOYEES.
SCHEDULE III.—LIST OF OCCUPATIONAL DISEASES.
SCHEDULE IV.—FACTORS FOR WORKING OUT LUMP SUM EQUIVALENT OF
COMPENSATION AMOUNT IN CASE OF PERMANENT DISABLEMENT
AND DEATH.
2
-----
# THE EMPLOYEE’S COMPENSATION ACT, 1923
ACT No. 8 OF 1923[1]
[5th March, 1923]
# An Act to provide for the payment by certain classes of employers to their [2][employees] of
compensation for injury by accident.
WHEREAS it is expedient to provide for the payment by certain classes of employers to their
3[employees] of compensation for injury by accident; It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Short title, extent and commencement.—(1) This Act may be called the** [4][Employee’s]
Compensation Act, 1923.
5[(2) It extends to the whole of India 6***.]
(3) It shall come into force on the first day of July, 1924.
**2. Definitions.—(1) In this Act, unless there is anything repugnant in the subject or context,—**
7* - - -
(b) “Commissioner” means a Commissioner for Workmen’s Compensation appointed under
section 20;
(c) “compensation” means compensation as provided for by this Act;
8[(d) “dependant” means any of the following relatives of a deceased 9[employee], namely:—
(i) a widow, a minor [10][legitimate or adopted] son, and unmarried [10][legitimate or adopted]
daughter, or a widowed mother; and
(ii) if wholly dependent on the earnings of the [9][employee] at the time of his death, a son or a
daughter who has attained the age of 18 years and who is infirm;
(iii) if wholly or in part dependent on the earnings of the [9][employee] at the time of his death,
(a) a widower,
(b) a parent other than a widowed mother,
1. This Act has been extended to—
(1)Goa, Doman and Diu by Reg. 12 of 1962, s. 3 and Sch. (w.e.f. 15-8-1963);
(2) Dadra cud Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I;
(3) Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I; and
(4) Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch.
This Act has been modified in its application to apprentices under the Apprentices Act, 1961 (52 of 1961) by s. 16 and to that
Act.
2. Subs. by Act 45 of 2009, s. 2, for “workmen” (w.e.f. 18-1-2010 )
3. Subs. by s. 3, ibid., for “workmen” (w.e.f. 18-1-2010).
4. Subs. by s. 4, ibid., for “Workmen’s” (w.e.f. 18-1-2010 )
5. Subs. by the A. O. 1950, for sub-section (2).
6. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and Schedule (w.e.f. 1-9-1971).
7. Clause (a) omitted by Act 8 of 1959, s. 2 (w.e.f. 1-6-1959).
8. Subs. by s. 2, ibid., for the clause (d) (w.e.f. 1-6-1959).
9. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010)
10. Subs. by Act 30 of 1995, s. 2 for “legitimate” (w.e.f. 15-9-1995).
3
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(c) a minor illegitimate son, an unmarried illegitimate daughter or a daughter
1[legitimate or illegitimate or adopted] if married and a minor or if widowed and a minor,
(d) a minor brother or a unmarried sister or a widowed sister if a minor,
(e) a widowed daughter-in-law,
(f) a minor child of a pre-deceased son,
(g) a minor child of a pre-deceased daughter where no parent of the child is alive, or
(h) a paternal grandparent if no parent of the [2][employee]is alive.]
3[Explanation.—For the purpose of sub-clause (ii) and items (f) and (g) of
sub-clause (iii), references to a son, dauthter or child include an adopted son, daughter or
child respectively;
4[(dd) “employee” means a person, who is—
(i) a railway servant as defined in clause (34) of section 2 of the Railways Act, 1989
(24 of 1989), not permanently employed in any administrative district or sub-divisional office of
a railway and not employed in any such capacity as is specified in Schedule II; or
(ii) (a) a master, seaman or other member of the crew of a ship,
(b) a captain or other member of the crew of an aircraft,
(c) a person recruited as driver, helper, mechanic, cleaner or in any other capacity in
connection with a motor vehicle,
(d) a person recruited for work abroad by a company,
and who is employed outside India in any such capacity as is specified in Schedule II and the
ship, aircraft or motor vehicle, or company, as the case may be, is registered in India; or
(iii) employed in any such capacity as is specified in Schedule II, whether the contract of
employment was made before or after the passing of this Act and whether such contract is
expressed or implied, oral or in writing; but does not include any person working in the capacity
of a member of the Armed Forces of the Union; and any reference to any employee who has been
injured shall, where the employee is dead, include a reference to his dependants or any of them;]
(e) “employer” includes anybody of persons whether incorporated or not and any managing agent
of an employer and the legal representative of a deceased employer, and, when the services of
a[2][employee] are temporarily lent or let on hire to another person by the person with whom the
2[employee] has entered into a contract of service or apprenticeship, means-such other person while
the [2][employee] is working for him;
(f) “managing agent” means any person appointed or acting as the representative of another
person for the purpose of carrying on such other person’s trade or business, but does not include an
individual manager subordinate to an employer;
1. Subs. by Act 30 of 1995, s. 2, for “legitimate or illegitimate” (w.e.f. 15-9-1995).
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010).
3. Ins. by Act 30 of 1995, 2 (w.e.f.15-9-1995).
4. Ins. by Act 45 of 2009, s. 6 (w.e.f. 18-1-2010).
4
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1[(ff) “minor” means a person who has not attained the age of 18 years;]
(g) “partial disablement” means, where the disablement is of a temporary nature, such
disablement as reduces the earning capacity of a [2][employee] in any employment in which he was
engaged at the time of the accident resulting in the disablement, and, where the disablement is of a
permanent nature, such disablement as reduces his earning capacity in every employment which he
was capable of undertaking at that time: provided that every injury specified [3][in Part II of Schedule I]
shall be deemed to result in permanent partial disablement;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “qualified medical practitioner” means any person registered [4]* * * under any [5][Central Act,
Provincial Act or an Act of the Legislature of a [6][State]] providing for the maintenance of a register of
medical practitioners, or, in any area where no such last-mentioned Act is in force, any person
declared by the State Government, by notification in the Official Gazette, to be a qualified medical
practitioner for the purposes of this Act;
7* - - -
(k) “seaman” means any person forming part of the crew of any [8]* * * ship, but does not include
the master of[9][the] ship;
(l) “total disablement” means such disablement, whether of a temporary or permanent nature, as
incapacitates a[2][employee] for all work which he was capable of performing at the time of the
accident resulting in such disablement:
10[Provided that permanent total disablement shall be deemed to result from every injury specified
in Part I of Schedule I or from any combination of injuries specified in Part II thereof where the
aggregate percentage of the loss of earning capacity, as specified in the said Part H against those
injuries, amounts to one hundred per cent.’ or more;]
(m) “wages” includes any privilege or benefit which is capable of being estimated in money,
other than a travelling allowance or the value of any travelling concession or a contribution paid by
the employer of a[2][employee] towards any pension or provident fund or a sum paid to a[2][employee] to
cover any special expenses entailed on him by the nature of his employment;
11* - - -
(2) The exercise and performance of the powers and duties of a local authority or of any department
12[acting on behalf of the Government] shall, for the purposes of this Act, unless a contrary intention
appears, be deemed to be the Trade or business of such authority or department.
1. In the application of the Act to Bengal, a new clause (ff) has been ins, here by the Workmen's Compensation (Bengal
Amendment) Act, 1942 (Ben. 6 of 1942), s. 3.
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010 )
3. Subs. by Act 64 of 1962, s. 2, for “in the First Schedule” (w.e.f. 1-2-1963).
4. The words and figures “under the Medical Act, 1858, or any Act amending the same, or” omitted by Act 8 of 1959, s. 2
(w.e.f. 1-61959).
5. Subs. by the A.O. 1950, for “Act of the Central Legislature or of any Legislature in a Province of India”
6. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part A State or Part B State”.
7. Clause (j) rep. by Act 15 of 1933, s. 2.
8. The word “registered” omitted by s. 2, ibid.
9. Subs. by s. 2, ibid.,for “any such”.
10. Subs. by Act 64 of 1962, s. 2, for the proviso (w.e.f. 1-2-1963).
11. Clause (n) omitted by Act 45 of 2009, s. 6 (w.e.f. 18-1-2010).
12. Subs. by A. O. 1937, for “of the Govt.”.
5
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1[(3) The Central Government or the State Government, by notification in the Official Gazette, after
giving not less than three months’ notice of its intention so to do, may, by a like notification, add to
Schedule H any class of persons employed in any occupation which it is satisfied is a hazardous
occupation, and the provisions of this Act shall thereupon apply, in case of a notification by the Central
Government, within the territories to which the Act extends, or, in the case of a notification by the State
Government, within the State, to such classes of person:
Provided that in making addition, the Central Government or the State Government, as the case may
be, may direct that the provisions of this Act shall apply to such classes of persons in respect of specified
injuries only.]
CHAPTER II
WORKMEN’SCOMPENSATION
**3. Employer’s liability for compensation.—(1) If personal injury is caused to a** [2][employee] by
accident arising out of and in the course of his employment, his employer shall be liable to pay
compensation in accordance with the provisions of this Chapter:
Provided that the employer shall not be so liable—
(a) in respect of any injury which does not result in the total or partial disablement of the
2[employee] for a period exceeding 3[three] days;
(b) in respect of any [4][injury, not resulting in death[5][or permanent total disablement], caused by]
an accident which is directly attributable to—
(i) the[2][employee] having been at the time thereof under the influence of drink or drugs, or
(ii) thewilful disobedience of the [2][employee] to an order expressly given, or to a rule
expressly framed, for the purpose of securing the safety of employee’s, or
(iii) thewilful removal or disregard by the [2][employee] of any safety guard or other device
which he knew to have been provided for the purpose of securing the safety of [6][employees] [7]***
8* * * * *
9[(2) If a[employee] employed in any employment specified in Pat A of Schedule III contracts any
disease specified therein as an occupational disease peculiar to that employment, or if a[2][employee],
whilst in the service of an employer in whose service he has been employed for a continuous period of not
less than six months (which period shall not include a period of service under any other employer in the
same kind of employment) in any employment specified in Part B of Schedule III, contracts any disease
specified therein as an occupational disease peculiar to that employment, or if a[2][employee] whilst in the
service of one or more employers in any employment specified in Part C of Schedule III for such
continuous period as the Central Government may specify in respect of each such employment, contracts
any disease specified therein as an occupational disease peculiar to that employment, the contracting of
the disease shall be deemed to be an injury by accident within the meaning of this section and, unless the
1. Subs. by Act 30 of 1995, s.2, for sub-section (3) (w.e.f. 15-9-1995).
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010).
3. Subs. by Act 8 of 1959, s. 3, for “seven” (w.e.f.1-6-1959).
4. Subs. by Act 15 of 1933, s. 3, for “injury to a workman resulting from”.
5. Ins. by Act 30 of 1995, s. 3 (w.e.f. 15-9-1995).
6. Subs. by Act 45 of 2009, s. 5, for “workmen” (w.e.f. 18-1-2010).
7. The word “or” omitted by Act 5 of 1929, s. 2.
8. Clause (c)omitted by s. 2, ibid.
9. Subs. by Act 8 of 1959, s. 3, for sub-sections (2)and (3) (w.e.f. 1-6-1959).
6
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contrary is proved, the accident shall be deemed to have arisen out of, and in the course of, the
employment:
1[Provided that if it is proved,—
(a) that a [2][employee] whilst in the service of one or more employers in any employment
specified in Part C of Schedule III has contracted a disease specified therein as an occupational
disease peculiar to that employment during a continuous period which is less than the period specified
under this sub-section for that employment, and
(b) that the disease has arisen out of and in the course of the employment;
the contracting of such disease shall be deemed to be an injury by accident within the meaning of this
section:
Provided further that if it is proved that a[2][employee] who having served under any employer in any
employment specified in Part B of Schedule III or who having served under one or more employers in any
employment specified in Part C of that Schedule, for a continuous period specified under this sub-section
for that employment and he has after the cessation of such service contracted any disease specified in the
said Part B or the said Part C, as the case may be, as an occupational disease peculiar to the employment
and that such disease arose out of the employment, the contracting of the disease shall be deemed to be an
injury by accident within the meaning of this section.]
3[(2A) If a2[employee] employed in any employment specified in Part C of Schedule III contracts any
occupational disease peculiar to that employment, the contracting whereof is deemed to be an injury by
accident within the meaning of this section, and such employment was under more than one employer, all
such employers shall be liable for the payment of the compensation in such proportion as the
Commissioner may, in the circumstances, deem just.]
(3) [4][The Central Government or the State Government] after giving, by notification in the Official
Gazette, not less than three months’ notice of its intention so to do, may, by a like notification, add any
description of employment to the employments specified in Schedule III, and shall specify in the case of
employments so added the diseases which shall be deemed for the purposes of this section to be
occupational diseases peculiar to those employments respectively, and thereupon the provisions of subsection (2) shall apply [5][in the case of a notification by the Central Government, within the territories to
which this Act extends or, in case of a notification by the State Government, within the State] [6]*** as if
such diseases had been declared by this Act to be occupational diseases peculiar to those employments.]
(4)Save as provided by [7][sub-sections (2), (2A)] and (3) no compensation shall be payable to
a[2][employee] in respect of any disease unless the disease is [8]*** directly attributable to a specific injury
by accident arising out of and in the course of his employment.
(5) Nothing herein contained shall be deemed to confer any right to compensation on a[2][employee] in
respect of any injury if he has instituted in a Civil Court a suit for damages in respect of the injury against
the employer or any other person; and no suit for damages shall be maintainable by a[2][employee] in any
Court of law in respect of any injury—
(a) if he has instituted a claim to compensation in respect of the injury before a Commissioner; or
1. Ins. by Act 64 of 1962, s. 3 (w.e.f. 1-2-1963).
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010).
3. Subs. by Act 64 of 1962, s. 3, for sub-section (2A) (w.e.f. 1-2-1963).
4. Subs. by Act 30 of 1995, s. 3, for certain words (w.e.f. 15-9-1995).
5. Ins. by s. 3, ibid. (w.e.f. 15-9-1995).
6. Certain words omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
7. Subs. by Act 8 of 1959, s. 3, for “sub-section (2)” (w.e.f. 1-6-1959).
8. The words “solely and” omitted by Act 15 of 1933, s. 3.
7
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(b) if an agreement has been come to between the [1][employee] and his employer providing for the
payment of compensation in respect of the injury in accordance with the provisions of this Act.
2[4. Amount of compensation.—(1) Subject to the provisions of this Act, the amount of
compensation shall be as follows, namely:—
(a) where death results from the injury an amount equal to [3][fifty per cent.] of the
monthly wages of the deceased 1[employee]
multiplied by the relevant factor;
or
an amount of [4][one lakh and twenty thousand
rupees], whichever is more;
(b) where permanent total disablement
results from the injury
an amount equal to [5][sixty per cent.] of the
monthly wages of the injured 1[employee]
multiplied by the relevant factor;
or
an amount of [6][one lakh and forty thousand
rupees],whichever is more:
7[Provided that the Central Government may, by notification in the Official Gazette, from time to
time, enhance the amount of compensation mentioned in clauses (a) and (b);]
_Explanation I.—For the purposes of clause (a) and clause (b), “relevant factor”, in relation to_
a[1][employee] means the factor specified in the second column of Schedule IV against the entry in the
first column of that Schedule specifying the number of years which are the same as the completed
years of the age of the [1][employee] on his last birthday immediately preceding the date on which the
compensation fell due.
_8* * * **_
(c) where permanent partial disablement (i) in the case of an injury specified in Part II of
results from the injury. Schedule I, such percentage of the compensation
which would have been payable in the case of
permanent total disablement as is specified
therein as being the percentage of the loss of
earning capacity caused by that injury, and
(ii) in the case of an injury not specified in
Schedule I, such percentage of the compensation
payable in the case of permanent total
disablement as is proportionate to the loss of
earning capacity (as assessed by the qualified
medical practitioner) permanently caused by the
injury.
1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010)
2. Subs. by Act 22 of 1984, s. 3, for s. 4 (w.e.f. 1-7-1984).
3. Subs. by Act 30 of 1995, s. 4, for “forty per cent.” (w.e.f. 15-9-1995).
4. Subs. by Act 45 of 2009, s. 7, for “eighty thousand rupees” (w.e.f. 18-1-2010). Earlier it was amended by Act 46 of 2000, s. 3
(w.e.f. 8-12-2000).
5. Subs. by Act 45 of 1995, s.4,for “fifty per cent.” (w.e.f. 15-9-1995).
6. Subs. by Act 45 of 2009, s. 7, for “ninety thousand rupees” (w.e.f. 18-1-2010). Earlier it was amended by Act 46 of 2000, s. 3
(w.e.f. 8-12-2000).
7. Ins. by s. 7, ibid. (w.e.f. 18-1-2010).
8. Explanation II omitted by s. 7, ibid. (w.e.f.18-1-2010).
8
-----
_Explanation I.—Where more injuries than one are caused by the same accident, the amount of_
compensation payable under this head shall be aggregated but not so in any case as to exceed the
amount which would have been payable if permanent total disablement had resulted from the injuries.
_Explanation II.—In assessing the loss of earning capacity for the purposes of sub-clause (ii), the_
qualified medical practitioner shall have due regard to the percentages of loss of earning capacity in
relation to different injuries specified in Schedule I;
(d) where temporary disablement, whether total
or partial results from the injury
a half-monthly payment of the sum equivalent
to twenty-five per cent. of monthly wages of
the [1][employee], to be paid in accordance with
the provisions of sub-section (2).
2[(1A) Notwithstanding anything contained in sub-section (1), while fixing the amount of
compensation payable to a[1][employee] in respect of an accident occurred outside India, the Commissioner
shall take into account the amount of compensation, if any, awarded to such [1][employee] in accordance
with the law of the country in which the accident occurred and shall reduce the amount fixed by him by
the amount of compensation awarded to the [1][employee] in accordance with the law of that country.]
3[(1B) The Central Government may, by notification in the Official Gazette, specify, for the purposes
of sub-section (I), such monthly wages in relation to an employee as it may consider necessary;]
(2) The half-monthly payment referred to in clause (d) of sub-section (1) shall be payable on the
sixteenth day—
(i) from the date of disablement where such disablement lasts for a period of twenty-eight days or
more, or
(ii) after the expiry of a waiting period of three days from the date of disablement where such
disablement lasts for a period of less than twenty-eight days; and thereafter half-monthly during the
disablement or during a period of five years, whichever period is shorter:
Provided that—
(a) there shall deducted from any lump sum or half-monthly payments to which the [1][employee]
is entitled the amount of any payment or allowance which the [1][employee] has received from the
employer by way of compensation during the period of disablement prior to the receipt of such lump
sum or of the first half-monthly payment, as the case may be; and
(b) no half-monthly payment shall in any case exceed the amount, if any, by which half the
amount of the monthly wages of the [1][employee] before the accident execeds half the amount of such
wages which he is earning after the accident.
_Explanation.—Any payment or allowance which the_ [1][employee] has received from the employer
towards his medical treatment shall not be deemed to be a payment or allowance received by him by way
of compensation within the meaning of clause (a) of the proviso.
3[(2A) The employee shall be reimbursed the actual medical expenditure incurred by him for
treatment of injuries caused during the course of employment.]
1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f . 18-1-2010).
2. Ins. by Act 30 of 1995, s. 4 (w.e.f. 15-9-1995).
3. Ins. by Act 45 of 2009, s. 7 (w.e.f. 18-1-2010).
9
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(3) On the ceasing of the disablement before the date on which any half-monthly payment falls due
there shall be payable in respect of that half-month a sum proportionate to the duration of the disablement
in that half-month.]
1[(4) If the injury of the 2[employee] results his death, the employer shall, in addition to the
compensation under sub-section (1), deposit with the Commissioner a sum of [3][two thousand and five
hundred rupees] for payment of the same to the eldest surviving dependant of the [2][employee] towards the
expenditure of the funeral of such [2][employee] or where the[2][employee] did not have a dependant or was
not living with his dependant at the time of his death to the person who actually incurred such
expenditure.]
4[Provided that the Central Government may, by notification in the Official Gazette, from time to
time, enhance the amount specified in this sub-section.]
5[4A. Compensation to be paid when due and penalty for default.—(1) Compensation under
section 4 shall be paid as soon as it falls due.
(2) In cases where the employer does not accept the liability for compensation to the extent claimed,
he shall be bound to make provisional payment based on the extent of liability which he accepts, and,
such payment shall be deposited with the Commissioner or made to the [2][employee], as the case may be,
without prejudice to the right of the [2][employee] to make any further claim.
6[(3) Where any employer is in default in paying the compensation due under this Act within one
month from the date it fell due, the Commissioner shall—
(a) direct that the employer shall, in addition to the amount of the arrears, pay simple interest
thereon at the rate of twelve per cent. per annum or at such higher, rate not exceeding the maximum
of the lending rates of any scheduled bank as may be specified by the Central Government by
notification in the Official Gazette, on the amount due; and
(b) if, in his opinion, there is no justification for the delay, direct that the employer shall, in
addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per
cent. of such amount by way of penalty:
Provided that an order for the payment of penalty shall not be passed under clause (b) without giving
a reasonable opportunity to the employer to show cause why it should not be passed.
_Explanation.—For the purposes of this sub-section, “scheduled bank” means a bank for the time_
being included in the Second Schedule to the Reserve Bank of India Act, 1934.
7[(3A) The interest and the penalty payable under sub-section (3) shall be paid to the 2[employee] or
his dependant, as the case may be.]
**5.[8][Method of calculating wages.—[8]***[9][In this Act and for the purposes thereof the expression**
“monthly wages” means me amount of wages deemed to be payable for a month’s service (whether the
1. Ins. by Act 30 of 1995, s. 4 (w.e.f.15-9-1995).
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
3. Subs. by Act 46 of 2000, s. 3, for “one thousand rupees” (w.e.f.8-12-2000).
4. Ins. by Act 45 of 2009, s. 7 (w. e. f. 18-1-2010).
5. Ins. by Act 8 of 1959, s. 5 (w.e.f.1-6-1959).
6. Subs. by Act 30 of 1995, s. 5 for sub-section (3) (w.e.f.15-9-1995),
7. Subs. by Act 46 of 2000, s. 4, for sub-section (3A) (w.e.f.8-12-2000).
8.The brackets and figure “(1)” omitted by Act 9 of 1938, s. 4. Earlier section 5 was re-numbered as sub-section (1) of that
section by Act 5 of 1929, s. 3.
9. Subs. by Act 13 of 1939, s. 2 (w.e.f. 30-6-1934), for “For the purposes of this Act the monthly wages of a workman shall be
calculated”. The words in italics subs. by Act 15 of 1933, s. 5, for “section 4”.
10
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wages are payable by the month or by whatever other period or at piece rates), and calculated] as follows,
namely:—
(a) where the [1][employee] has, during a continuous period of not less than twelve months
immediately preceding the accident, been in the service of the employer who is liable to- pay
compensation, the monthly wages of the [1][employee] shall be one-twelfth of the total wages which
have fallen due for payment to him by the employer in the last twelve months of that period;
2[(b) where the whole of the continuous period of service immediately preceding the accident
during which the [1][employee] was in the service of the employer who is liable to pay the
compensation was less than one month, the monthly wages of the [1][employee] shall be [3]*** the
average monthly amount which, during the twelve months immediately preceding the accident, was
being earned by a[1][employee] employed on the same work by the same employer, or, if there was no
1[employee] so employed, by a1[employee] employed on similar work in the same locality;]
4[(c)] 5[in other cases [including cases in which it is not possible for want of necessary
information to calculate the monthly wages under clause (b)]], the monthly wages shall be thirty
times the total wages earned in respect of the last continuous period of service immediately preceding
the accident from the employer who is liable to pay compensation, divided by the number of days
comprising such period.
6* - - -
_Explanation.—A period of service shall, for the purposes of_ [7][this [8][section]] be deemed to be
continuous which has not been interrupted by a period of absence from work exceeding fourteen
days.
9* - - -
**6. Review.—(1) Any half-monthly payment payable under this Act, either under an agreement**
between the parties or under the order of a Commissioner, may be reviewed by the Commissioner, on the
application either of the employer or of the [1][employee] accompanied by the certificate of a qualified
medical practitioner that there has been a change in the condition of the [1][employee] or, subject to rules
made under this Act, on application made without such certificate.
(2) Any half-monthly payment may, on review under this section, subject to the provisions of this
Act, be continued, increased, decreased or ended, or if the accident is found to have resulted in permanent
disablement, be converted to the lump sum to which the [1][employee] is entitled less any amount which he
has already received by way of half-monthly payments.
**7. Commutation of half-monthly payments.—Any right to receive half-monthly payments may, by**
agreement between the parties or, if the parties cannot agree and the payments have been continued for
not less than six months, on the application of either party to the Commissioner be redeemed by the
payment of a lump sum of such amount as may be agreed to by the parties or determined by the
Commissioner, as the case may be.
1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010).
2. Ins. by Act 15 of 1933, s. 5.
3. The words “deemed to be” omitted by Act 13 of 1939, s. 2 (w.e.f. 30-6-1934).
4. Clause (b) relettered as clause (c) by Act 15 of 1933, s. 5.
5. Subs. by Act 8 of 1959, s. 6, for “in other cases” (w.e.f. 1-6-1959).
6. The proviso omitted by Act 15 of 1933, s. 5.
7. Subs. by Act 5 of 1929, s. 3, for “this section”.
8. Subs. by Act 9 of 1938, s. 4, for “sub-section”.
9. Sub-section (2) omitted by Act 15 of 1933, s. 5. Earlier it was added by Act 5 of 1929, s. 3.
11
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**8. Distribution of compensation.—[1][(1) No payment of compensation in respect of a** [2][employee]
whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a
person under a legal disability, shall be made otherwise than by deposit with the Commissioner, and no
such payment made directly by an employer shall be deemed to be a payment of compensation:
3[Provided that, in the case of a deceased 2[employee], an employer may make to any dependant
advances on account of compensation [4][of an amount equal to three months’ wages of such [2][employee]
and so much of such amount] as does not exceed the compensation payable to that dependant shall be
deducted by the Commissioner from such compensation and repaid to the employer.]
(2) Any other sum amounting to not less than ten rupees which is payable as compensation may be
deposited with the Commissioner on behalf of the person entitled thereto.
(3) The receipt of the Commissioner shall be a sufficient discharge in respect of any compensation
deposited with him.]
(4) On the deposit of any money under sub-section (1) [5][as compensation in respect of a deceased
2[employee] the Commissioner 6*** shall, if he thinks necessary, cause notice to be published or to be;
served on each dependant in such manner as he thinks fit, calling upon the dependants to appear before
him on such date as he may fix for determining the distribution of the compensation. If the Commissioner
is satisfied after any inquiry which he may deem necessary, that no dependant exists, he shall repay the
balance of the money to the employer by whom it was paid. The Commissioner shall, on application by
the employer, furnish a statement showing in detail all disbursements made.
7[(5) Compensation deposited in respect of a deceased 2[employee] shall, subject to any deduction
made under sub-section (4), be apportioned among the dependants of the deceased [2][employee] or any of
them in such proportion as the Commissioner thinks fit, or may, in the discretion of the Commissioner, be
allotted to any one dependant.
(6) Where any compensation deposited with the Commissioner is payable to any person, the
Commissioner shall, if the person to whom the compensation is payable is not a woman or a person under
a legal disability, and may, in other cases, pay the money to the person entitled thereto.
(7) Where any lump sum deposited with the Commissioner is payable to a woman or a person under a
legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman,
or of such person during his disability, in such manner as the Commissioner may direct; and where a
half-monthly payment is payable to any person under a legal disability, the Commissioner may, of his
own motion or on an application made to him in this behalf, order that the payment be made during the
disability to any dependant of the employee or to any other person, whom the Commissioner thinks best
fitted to provide for the welfare of the [2][employee].]
8[(8)] Where, on application made to him in this behalf or otherwise, the Commissioner is satisfied
that, on account of neglect of children on the part of parent or on account of the variation of the
circumstances of any dependant or for any other sufficient cause, an order of the Commissioner as to the
distribution of any sum paid as compensation or as to the manner in which any sum payable to any such
dependant is to be invested, applied or otherwise dealt with, ought to be varied, the Commissioner may
make such orders for the variation of the former order as he thinks just in the circumstances of the case:
1. Subs. by Act 5 of 1929, s. 4, for sub-sections (1) to (3).
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
3. Subs. by Act 15 of 1933, s. 6, for the proviso.
4. Ins. by Act 5 of 1929, s. 4.
5. Subs. by Act 30 of 1995, s. 6, for certain words (w.e.f.15-9-1995).
6. Certain words omitted by Act 30 of 1995, s. 6 (w.e.f.15-9-1995).
7. Subs. by Act 5 of 1929, s. 4, for sub-section (5).
8. Sub-section (6) renumbered as sub-section (8) by Act 5 of 1929, s. 4.
12
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Provided that no such order prejudicial to any person shall be made unless such person has been given
an opportunity of showing cause why the order should not be made, or shall be made in any case in which
it would involve the repayment by a dependant of any sum already paid to him.
1[(9) Where the Commissioner varies any order under sub-section (8) by reason of the fact that
payment of compensation to any person has been obtained by fraud, impersonation or other improper
means, any amount so paid to or on behalf of such person may be recovered in the manner hereinafter
provided in section 31].
**9. Compensation not to be assigned, attached or charged.—Save as provided by this Act, no lump**
sum or half-monthly payment payable under this Act shall in any way be capable of being assigned or
charged or be liable to attachment or pass to any person other than the [2][employee] by operation of law,
nor shall any- claim be set off against the same.
**10. Notice and claim.—(1)** [3][No claim for compensation shall be entertained by a Commissioner
unless notice of the accident has been given in the manner hereinafter provided as soon as practicable
after the happening thereof and unless the claim is preferred before him within [4][two years] of the
occurrence of the accident or, in case of death, within [4][two years] from the date of death:]
Provided that, where the accident is the contracting of a disease in respect of which the provisions of
sub-section (2) of section 3 are applicable, the accident shall be deemed to have occurred on the first of
the days during which the [2][employee] was continuously absent from work in consequence of the
disablement caused by the disease:
5[Provided further that in case of partial disablement due to the contracting of any such disease and
which does not force the [2][employee] to absent himself from work, the period of two years shall be
counted from the day the[2][employee]gives notice of the disablement to his employer:
Provided further that if a [2][employee] who, having been employed in an employment for a continuous
period, specified under sub-section (2) of section 3 in respect of that employment, ceasesto be so
employed and develops symptoms of an occupational disease peculiar to that employment within two
years of the cessation of employment, the accident shall be deemed to have occurred on the day on which
the symptoms were first detected:]
6[Provided further that the want of or any defect or irregularity in a notice shall not be a bar to the
7[entertainment of a claim]—
(a) if the claim is [8][preferred] in respect of the death of a[2][employee] resulting from an accident
which occurred on the premises of the employer, or at any place where the [2][employee] at the time of
the accident was working under the control of- the employer or of any person employed by him, and
the [2][employee] died on such premises or at such place, or on any premises belonging to the
employer, or died without having left the vicinity of the premises or place where the accident
occurred, or
(b) if the employer [9][or any one of several employers or any person responsible to the employer
for the management of any branch of the trade or business in which the injured [2][employee] was
1. Ins. by Act 5 of 1929, s. 4.
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f. 18-1-2010).
3. Subs. by Act 9 of 1938, s. 5, for the original words.
4. Subs. by Act 8 of 1959, s. 8, for “one year” (w.e.f. 1-6-1959).
5. Ins. by Act 64 of 1962, s. 5 (w.e.f. 1-2-1963).
6. Ins. by Act 15 of 1933, s. 7.
7. Subs. by Act 9 of 1938, s. 5, for “maintenance of proceedings”.
8. Subs. by s. 5, ibid.
9. Ins. by s. 5, ibid.
13
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employed] had knowledge of the accident from any other source at or about the time when it
occurred:
Provided further, that the Commissioner may [1][entertain] and decide any claim to compensation in
any case notwithstanding that the notice has not been given, or the claim has not been [2][preferred], in due
time as provided in this sub-section, if he is satisfied that the failure so to give the notice of [3][prefer] the
claim, as the case may be, was due to sufficient cause.
(2) Every such notice shall give the name and address of the persons injured and shall state in
ordinary language the cause for the injury and the date on which the accident happened, and shall be
served on the employer or upon [4][any one of] several employers, or upon any person [5]*** responsible to
the employer for the management of any branch of the trade or business in which the injured [6][employee]
was employed.
7[(3) The State Government may require that any prescribed class of employers shall maintain at their
premises at which [8][employees] are employed a notice-book, in the prescribed form, which shall be
readily accessible at all reasonable times to any injured[6][employee] employed on the premises and to any
person acting bona fide on his behalf.
(4) A notice under this section may be served by delivering it at, or sending it by registered post
addressed to, the residence or any office or place of business of the person on whom it is to be served, or,
where a notice-book is maintained, by entry in the notice-book.]
9[10A. Power to require from employers statements regarding fatal accidents.—(1) Where a
Commissioner receives information from any source that a[6][employee] has died as a result of an accident
arising out of and in the course of his employment, he may send by registered post a notice to the
workman’s employer requiring him to submit, within thirty days of the service of the notice, a statement,
in the prescribed form, giving the circumstances attending the death of the [6][employee], and indicating
whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the
death.
(2) If the employer is of opinion that he is liable to deposit compensation, he shall make the deposit
within thirty days of the service of the notice.
(3) If the employer is of opinion that he is not liable to deposit compensation, he shall in his statement
indicate the grounds on which he disclaims liability.
(4) Where the employer has so disclaimed liability, the Commissioner, after such enquiry as he may
think fit, may inform any of the dependants of the deceased [6][employee], that it is open to the dependants
to prefer a claim for compensation, and may give them such other further information as he may think fit.
1. Subs. by Act 9 of 1938, s. 5, for “admit”.
2. Subs. by s. 5, ibid., for “instituted”.
3. Subs. by s. 5, ibid., for “institute”.
4. Subs. by Act 7 of 1924, s. 2 and the First Schedule, for “any one or”.
5. The word “directly” omitted by Act 9 of 1938, s. 5.
6. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
7. Subs. by Act 15 of 1933, s. 7, for sub-section (3).
8. Subs. by Act 45 of 2009, s. 5, for “workmen” (w.e.f. 18-1-2010).
9. Ins. by Act 15 of 1933, s. 8.
14
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**10B. Reports of fatal accidents and serious bodily injuries.—(1) Where, by any law for the time**
being in force, notice is required to be given to any authority, by or on behalf of an employer, of any
accident occurring on his premises which results in death [1][or serious bodily injury], the person required
to give the notice shall, within seven days of the death [1][or serious bodily injury], send a report to the
Commissioner giving the circumstances attending the death [1][or serious. bodily injury]:
Provided that where the State Government has so prescribed the person required to give the notice
may instead of sending such report to the Commissioner send it to the authority to whom he is required to
give the notice.
1[Explanation.—“Serious bodily injury” means an injury which involves, or in all probability will
involve the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or
injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person
from work for a period exceeding twenty days.]
(2) The State Government may, by notification in the Official Gazette, extend the provisions of
sub-section (1) to any class of premises other than those coming within the scope of that sub-section, and
may, by such notification, specify the persons who shall send the report to the Commissioner:
1[(3) Nothing in this section shall apply to factories to which the Employees’ State Insurance Act,
1948 (34 of 1948), applies.]
**11. Medical examination.—(1) Where a [2][employee] has given notice of an accident, he shall, if the**
employer, before the expiry of three days from the time at which service of the notice has been effected,
offers to have him examined free of charge by a qualified medical practitioner, submit himself for such
examination, and any [2][employee] who is in receipt of a half monthly payment under this Act shall, if so
required, submit himself for such examination from time to time:
Provided that a[2][employee] shall not be required to submit himself for examination by a medical
practitioner otherwise than in accordance with rules made under this Act, or at more frequent intervals
than may be prescribed.
(2) If a[2][employee], on being required to do so by the employer under sub-section (1) or by the
Commissioner at any time, refuses to submit himself for examination by a qualified medical practitioner
or in any way obstructs the same, his right to compensation shall be suspended during the continuance of
such refusal or obstruction unless, in the’ case of refusal, he was prevented by any sufficient cause from
so submitting himself.
(3) If a[2][employee], before the expiry of period within which he is liable under sub-section (1) to be
required to submit himself for medical examination, voluntarily leaves without having been so examined
the vicinity of the place in which he was employed, his right to compensation shall be suspended until he
returns and offers himself for such examination.
(4) Where a[2][employee], whose right to compensation has been suspended under sub-section (2) or
sub-section (3), dies without having submitted himself for medical examination as required by either of
those sub-sections, the Commissioner may, if he thinks fit, direct the payment of compensation to the
dependants of the deceased [2][employee].
(5) Where under sub-section (2) or sub-section (3) a right to compensation is suspended, no
compensation shall be payable in respect of the period of suspension, and, if the period of suspension
commences before the expiry of the waiting period referred to in clause (d) of sub-section (1) of section 4,
the waiting period shall be increased by the period during which the suspension continues.
1. Ins. by Act 8 of 1959, s. 9 (w.e.f.1-6-1959).
2. Subs. by Act 45 of 2009, s. 5, for “Workman” (w.e.f.18-1-2010).
15
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(6) Where an injured [1][employee] has refused to be attended by a qualified medical practitioner
whose services have been offered to him by the employer free of charge or having accepted such offer has
deliberately disregarded the instructions of such medical practitioner, then,[2][if it is proved that the
1[employee] has not thereafter been regularly attended by a qualified medical practitioner or having been
so attended has deliberately failed to follow his instructions and that such refusal, disregard or failure was
unreasonable] in the circumstances of the case and that the injury has been aggravated thereby, the injury
and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably
have been expected to be if the [1][employee] had been regularly attended by a qualified medical
practitioner [3][whose instructions he had followed]., and compensation, it any, shall be payable
accordingly.
**12. Contracting.—(1) Where any person (hereinafter in this section referred to as the principal) in**
the course of or for the purposes of his trade or business contracts with any other person (hereinafter in
this section referred to as the contractor) for the execution by or under the contractor of the whole or any
part of any work which is ordinarily part of the trade or business of the principal, the principal shall be
liable to pay to any [1][employee] employed in the execution of the work any compensation which he
would have been liable to pay if that [1][employee] had been immediately employed by him; and where
compensation is claimed from the principal, this Act shall apply as if references to the principal were
substituted for references to the employer except that the amount of compensation shall be calculated with
reference to the wages of the [1][employee] under the employer by whom he is immediately employed.
(2) Where the principal is liable to pay compensation under this section, he shall be entitled to be
indemnified by the contractor [4][,or any other person, from whom the [1][employee] could have recovered
compensation and where a contractor who is himself a principal is liable to pay compensation or to
indemnify a principal under this section he shall be entitled to be indemnified by any person standing to
him in the relation of a contractor from whom the [1][employee] could have recovered compensation] and
all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be
settled by the Commissioner.
(3) Nothing in this section shall be construed as preventing a[1][employee] from recovering
compensation from the contractor instead of the principal.
(4) This section shall not apply in any case where the accident occurred elsewhere than on, in or about
the premises on which the principal has undertaken or usually undertakes, as the case may be, to execute
the work or which are otherwise under his control or management.
**13. Remedies of employer against stranger.—Where a[1][employee] has recovered compensation in**
respect of any injury caused under circumstances creating a legal liability of some person other than the
person by whom the compensation was paid to pay damages in respect thereof, the person by whom the
compensation was paid and any person who has been called on to pay an indemnity under section 12 shall
be entitled to be indemnified by the person so liable to pay damages as aforesaid.
**14. Insolvency of employer.—(1) Where any employer has entered into a contract with any insurers**
in respect of any liability under this Act to any [1][employee], then in the event of the employer becoming
insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a
company, in the event of the company having commenced to be wound up, the rights of the employer
against the insurers as respects that liability shall, notwithstanding anything in any law for the time being
in force relating to insolvency or the winding up of companies, be transferred to and vest in the
1[employee], and upon any such transfer the insurers shall have the same rights and remedies and be
1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
2. Subs. by Act 9 of 1938, s. 6, for certain words.
3. Ins. by s. 6, ibid.
4. Ins. by Act 15 of 1933, s. 9.
16
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subject to the same liabilities as if they were the employer, so, however, that the insurers-shall not be
under any greater liability to the [1][employee] than they would have been under to the employer.
(2) If the liability of the insurers to the [1][employee] is less than the liability of the employer to the
1[employee], the 1[employee] may prove for the balance in the insolvency proceedings or liquidation.
(3) Where in any case such as is referred to in sub-section (1) the contract of the employer with the
insurers is void or voidable by reason of non-compliance on the part of the employer with any terms or
conditions of the contract (other than a stipulation for the payment of premia), the provisions of that
sub-section shall apply as if the contract were not void or voidable, and the insurers shall be entitled to
prove in the insolvency proceedings or liquidation for the amount paid to the [1][employee]:
Provided that the provisions of this sub-section shall not apply in any case in which the [1][employee]
fails to give notice to the insurers of the happening of the accident and of any resulting disablement as
soon as practicable after he becomes aware of the institution of the insolvency or liquidation proceedings.
(4) There shall be deemed to be included among the debts which under section 49 of the Presidency
towns Insolvency Act, 1909 (3 of 1909), or under section 61 of the Provincial Insolvency Act, 1920
(5 of 1920), or under [2][section 530 of the Companies Act, 1956 (1 of 1956)] arc in the distribution of the
property of an insolvent or in the distribution of the assets of a company being wound up to be paid in
priority to all other debts, the amount due in respect of any compensation the liability wherefor accrued
before the date of the order of adjudication of the insolvent or the date of the commencement of the
winding up, as the ease may be, and those Acts shall have effect accordingly.
(5) Where the compensation is a half-monthly payment, the amount due in respect thereof shall, for
the purposes of this section, be taken to be the amount of the lump sum for which the half-monthly
payment could, if redeemable, be redeemed if application were made for that purpose under section 7, and
a certificate of the Commissioner as to the amount of such sum shall be conclusive proof thereof.
(6) The provisions of sub-section (4) shall apply in the ease of any amount for which an insurer is
entitled to prove under sub-section (3), but otherwise those provisions shall not apply where the insolvent
or the company being wound up has entered into such a contract with insurers as is referred to in
sub-section (1).
(7) This section shall not apply where a company is wound up voluntarily merely for the purposes of
reconstruction or of amalgamation with another company.
3[14A. Compensation to be first charge on assets transferred by employer.—Where an employer
transfers his assets before any amount due in respect of any compensation, the liability where for accrued
before the date of the transfer, has been paid, such amount shall, notwithstanding anything contained in
any other law for the time being in force, be a first charge on that part of the assets so transferred as
consists of immovable property.]
**15. Special provisions relating to masters and seamen.—This Act shall apply in the case of**
4[employees] who are masters of 5*** ships or seamen subject to the following modifications namely:—
(1) The notice of the accident and the claim for compensation may, except where the person
injured is the master of the ship, be served on the master of the ship as if he were the employer, but
where the accident happened and the disablement commenced on board the ship it shall not be
necessary for any seaman to give any notice of the accident.
1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
2. Subs. by Act 30 of 1995, s. 7, for certain words (w.e.f.15-9-1995).
3. Ins. by Act 8 of 1959, s. 10 (w.e.f.1-6-1959).
4. Subs. by Act 45 of 2009, s. 5, for “workmen” (w.e.f.18-1-2010).
5. The word “registered” omitted by Act 15 of 1933, s. 10.
17
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(2) In the case of the death of a master or seaman, the claim for compensation shall be made
within [1][one year] after the news of the death has been received by the claimant or, wherethe ship has
been or is deemed to have been lost with all hands, within eighteen months of the date on which the
ship was, or is deemed to have been, so lost:
2[Provided that the Commissioner may entertain any claim to compensation in any case
notwithstanding that the claim has not been preferred in due time as provided in this sub-section, if he
is satisfied that the failure so to prefer the claim was due to sufficient cause.]
(3) Where an injured master or seaman is discharged or left behind in any part of [3][India or] [4][in
any foreign country] any depositions taken by any Judge or Magistrate in that part or by any Consular
Officer in the foreign country and transmitted by the person by whom they are taken to the Central
Government or any State Government shall, in any proceedings for enforcing the claim, be admissible
in evidence—
(a) if the deposition is authenticated by the signature of the Judge, Magistrate or Consular
Officer before whom it is made;
(b) if the defendant or the person accused, as the case may be, had an opportunity by himself
or his agent to cross-examine the witness; and
(c) if the deposition was made in the course of a criminal proceeding, on proof that the
deposition was made in the presence of the person accused;
and it shall not be necessary in any case to prove the signature or official character of the person
appearing to have signed any such deposition and a certificate by such person that the defendant or the
person accused had an opportunity of cross-examining the witness and that the deposition if made in a
criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved,
be sufficient evidence that he., had that opportunity and that it was so made.
5* * * * *
6[(4)] No 7[half-monthly payment] shall be payable in respect of the period during which the owner of
the ship is, under any law in force for the time being [8]*** relating to merchant shipping, liable to defray
the expenses of maintenance of the injured master or seaman.
9[(5) No compensation shall be payable under this Act in respect of any injury in respect of which
provision is made for payment of a gratuity, allowance or pension under the War Pensions and Detention
Allowances (Mercantile Marine, etc.) Scheme, 1939, or the War Pensions and Detention Allowances
(Indian Seamen, etc.)Scheme, 1941, made under the Pensions (Navy, Army, Air Force and Mercantile
Marine) Act, 1939 (2 & 3 Geo.), or under the War Pensions and Detention Allowances (Indian Seamen)
Scheme, 1942 (6, c. 83), made by the Central Government.
(6) Failure to give a notice or make a claim or commence proceedings within the time required by this
Act shall not be a bar to the maintenance of proceedings under this Act in respect of any personal injury,
if—
1. Subs. by Act 8 of 1959, s. 11, for “six months” (w.e.f.1-6-1959).
2. Added by s. 11, ibid. (w.e.f.1-6-1959).
3. Ins. by the A.O. 1950.
4. Subs. by Act 22 of 1984, s. 4, for certain words (w.e.f.1-7-1984).
5. Clause (4) omitted by Act 9 of 1938, s. 7.
6. Clause (5) renumbered as clause (4) of that section by s. 7, ibid.
7. Subs. by Act 7 of 1924, s. 2 and the First Schedule, for “monthly payment”.
8. The words “in Part A States and Part C States” omitted by Act 3 of 1951, s. 3, and the Schedule.
9. Subs. by Act 1 of 1942, s. 2 (w.e.f.3-9-1939).
18
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(a) an application has been made for payment in respect of that injury under any of the schemes
referred to in the preceding clause, and
(b) the State Government certifies that the said application was made in the reasonable belief that
the injury was one in respect of which the scheme under which the application was made makes
provision for payments, and that the application was rejected or that payments made in pursuance of
the application were discontinued on the ground that the injury was not such an injury, and
(c) the proceedings under this Act are commenced within one month from the date on which the
said certificate of the State Government was furnished to the person commencing the proceedings.]
1[15A. Special provisions relating to captains and other members of crew of aircrafts.—This Act
shall apply in the case of [2][employees] who are captains or other members of the crew of aircrafts subject
to the following modifications, namely:—
(1) The notice of the accident and the claim for compensation may, except where the person
injured is the captain of the aircraft, be served on the captain of the aircraft as if he were the
employer, but where the accident happened and the disablement commenced on board the aircraft it
shall not be necessary for any member of the crew to give notice of the accident.
(2) In the case of the death of the captain or other member of the crew, the claim for
compensation shall be made within one year after the news of the death has been received by the
claimant or, where the aircraft has been or is deemed to have been lost with all hands, within eighteen
months of the date on which the aircraft was, or is deemed to have been, so lost:
Provided that the Commissioner may entertain any claim for compensation in any case
notwithstanding that the claim has not been preferred in due time as provided in this sub-section, if he
is satisfied that the failure so to prefer the claim was due to sufficient cause.
(3) Where an injured captain or other member of the crew of the aircraft is discharged or left
behind in any part of India or in any other country, any depositions taken by any Judge or Magistrate
in that part or by any Consular Officer in the foreign country and transmitted by the person by whom
they are taken to the Central Government or any State Government shall, in any proceedings for
enforcing the claims, be admissible in evidence—
(a) if the deposition is authenticated by the signature of the Judge, Magistrate or Consular
Officer before whom it is made;
(b) if the defendant or the person accused, as the case may be, had an opportunity by himself
or his agent to cross-examine the witness;
(c) if the deposition was made in the course of a criminal proceeding, on proof that the
deposition was made in the presence of the person accused,
and it shall not be necessary in any case to prove the signature or official character of the person
appearing to have signed any such deposition and a certificate by such person that the defendant or the
person accused had an opportunity of cross-examining the witness and that the deposition if made in a
criminal proceedings was made in the presence of the person accused shall, unless the contrary is proved,
be sufficient evidence that he had that opportunity and that it was so made.
**15B. Special provisions relating to [2][employees] abroad of companies and motor vehicles.—This**
Act shall apply—
(i) in the case of [2][employees] who are persons recruited by companies registered in India and
working as such abroad, and
1. Ins. by Act 30 of 1995, s. 8 (w.e.f.15-9-1995).
2. Subs. by Act 45 of 2009, s. 5, for “workmen” (w.e.f.18-1-2010).
19
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(ii) persons sent for work abroad along with motor vehicles registered under the Motor Vehicles,
Act, 1988 (59 of 1988) as drivers, helpers, mechanics, cleaners or other [1][employees], subject to the
following modifications, namely:—
(1) The notice of the accident and the claim for compensation may be served on the local
agent of the company, or the local agent of the owner of the motor vehicle, in the country of
accident, as the case may be.
(2) In the case of death of the [2][employee] in respect of whom the provisions of this section
shall apply, the claim for compensation shall be made within one year after the news of the death
has been received by the claimant:
Provided that the Commissioner may entertain any claim for compensation in any case
notwithstanding that the claim has not been preferred in due time as provided in this subsection, if
he is satisfied that the failure so to prefer the claim was due to sufficient cause.
(3) Where an injured [2][employee] is discharged or left behind in any part of India or in any
other country any depositions taken by any Judge or Magistrate in that part or by any Consular
Officer, in the foreign country and transmitted by the person by whom they are taken to the
Central Government or any State Government shall, in any proceedings for enforcing the claims,
be admissible in evidence—
(a) if the deposition is authenticated by the signature of the Judge, Magistrate or Consular
Officer before whom it is made;
(b) if the defendant or the person accused, as the case may be, had an opportunity by
himself or his agent to cross-examine the witness;
(c) if the deposition was made in the course of a criminal proceeding, on proof that the
deposition was made in the presence of ‘the person accused,
and it shall not be necessary in any case to prove the signature 017 official character of the peron
appearing to have signed any such deposition and a certificate by such person that the defendant or
the person accused had an opportunity of cross-examining the witness and that the deposition if made
in a criminal proceding vas made in the presence of the person accused shall, unless the contrary is
proved, be sufficient evidence that he had that opportunity and that it was so made.]
**16. Returns as to compensation.—The** [3][State Government] may by notification in the Official
Gazette, direct that every person employing [1][employees], or that any specified class of such persons,
shall send at such time and in such form and to such authority, as may be specified in the notification, a
correct return specifying the number of injuries in respect of which compensation has been paid by the
employer during the previous year and the amount of such compensation together with such other
particulars as to the compensation as the [3][State Government] may direct.
**17. Contracting out.—Any contract or agreement whether made before or after the commencement**
of this Act, whereby a[2][employee] relinquishes any right of compensation from the employer for personal
injury arising out of or in the course of the employment, shall be null and void in so far as it purports to
remove or reduce the liability of any person to pay compensation under this Act.
4[17A.Duty of employer to inform employee of his rights.—Every employer shall immediately at
the time of employment of an employee, inform the employee of his rights to compensation under this
1. Subs. by Act 45 of 2009, s. 5, for “workmen” (w.e.f.18-1-2010).
2. Subs. by s. 5,ibid., for “workman” (w.e.f.18-1-2010).
3. Subs. by the A.O. 1937, for “G.G. in C”.
4. Ins. by Act 11 of 2017, s. 2 (w.e.f.15-5-2017).
20
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Act, in writing as well as through electronic means, in English or Hindi or in the official language of the
area of employment, as may be understood by the employee.]
**_18. [Proof of age.] Rep. by the Workmen’s Compensation (Amendment) Act, 1959 (8 of 1959) s. 12_**
_(w.e.f. 1-6-1959)._
1[18A. Penalties.—(1) Whoever—
(a) fails to maintain a notice-book which he is required to maintain under sub-section (3) of
section 10, or
(b) fails to send to the Commissioner a statement which he is required to sent under
sub-section (1) of section 10A, or
(c) fails to send a report which he is required to sent under section 10B, or
(d) fails to make a return which he is required to make under [2][section 16, or]
3[(e) fails to inform the employee of his rights to compensation as required under section 17A;]
shall be punishable with fine [4][which shall not be less than fifty thousand rupees but which may extend to
one lakh rupees].
(2) No prosecution under this section shall be instituted except by or with the previous sanction of a
Commissioner, and no Court shall take cognizance of any offence under this section, unless complaint
thereof is made [5][within six months of the date on which the alleged commission of the offence came to
the knowledge of the Commissioner].]
CHAPTER III
COMMISSIONERS
**19. Reference to Commissioners.—(1) If any question arises in any proceedings under this Act as to**
the liability of any person to pay compensation (including any question as to whether a person injured is
or is not a [6][employee]) or as to the amount or duration of compensation (including any question as to the
nature or extent of disablement), the question shall, in default of agreement, be settled by [7][a
Commissioner].
(2) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or
under this Act required to be ‘settled, decided or dealt with by a Commissioner or to enforce any liability
incurred under this Act.
**20. Appointment of Commissioners.—(1) The State Government may, by notification in the**
Official Gazette, [8][who is or has been a member of a State Judicial Service for a period of not less than
five years or is or has been for not less than five years an advocate or a pleader or is or has been a
Gazetted Officer for not less than five years having education qualifications and experience in personnel
management, human resource development and industrial relations] appoint any person to be a
Commissioner for Workmen’s Compensation for such[9]*** area as may be specified in the notification.
1. Ins. by Act 15 of 1933, s. 11.
2. Subs. by Act 11 of 2017, s. 3, for “section 16” (w.e.f.15-5-2017).
3. Ins. by s. 3, ibid. (w.e.f.15-5-2017).
4. Subs. by s. 3, ibid., for “which may extend to five thousand rupees” (w.e.f.15-5-2017).
5. Subs. by Act 64 of 1962, s. 6, for certain words (w.e.f.1-2-1963).
6. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
7. Subs. by Act 15 of 1933, s. 12, for “the Commissioner”.
8. Ins. by Act 45 of 2009, s. 8 (w.e.f.18-1-2010).
9. The word “local” omitted by Act 64 of 1962, s. 7 (w.e.f.1-2-1963).
21
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1[(2) Where more than one Commissioner had been appointed for any 2*** area, the State
Government may, by general or special order, regulate the distribution of business between them.]
3[(3)] Any Commissioner may, for the purpose of deciding any matter referred to him for decision
under this Act, choose one or more persons possessing special knowledge of any matter relevant to the
matter under inquiry to assist him in holding the inquiry.
3[(4)] Every Commissioner shall be deemed to be a public servant within the meaning of the Indian
Penal Code (45 of 1860).
**21. Venue of proceedings and transfer.—[4][(1) Where any matter is under this Act to be done by or**
before a Commissioner, the same shall, subject to the provisions of this Act and to any rules made
hereunder, be done by or before the Commissioner for the area in which—
(a) the accident took place which resulted in the injury; or
(b) the[5][employee] or in case of his death, the dependant claiming the compensation ordinarily
resides; or
(c) the employer has his registered office:
Provided that no matter shall be processed before or by a Commissioner, other than the
Commissioner having jurisdiction over the area in which the accident took place, without his giving
notice in the manner prescribed by the Central Government to the Commissioner having jurisdiction over
the area and the State Government concerned:
Provided further that, where the [5][employee], being the master of a ship or a seaman or the captain or
a member of the crew of an aircraft or a[5][employee] in a motor vehicle or a company, meets with the
accident outside India any such matter may be done by or before a Commissioner for the area in which
the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered
office of the company is situate, as the case may be.
(1A) If a Commissioner, other than the Commissioner with whom any money has been deposited
under section 8, proceeds with a matter under this Act, the former may for the proper disposal of the
matter call for transfer of any records or money remaining with the latter and on receipt of such a request,
he shall comply with the same.]
(2) If a Commissioner is satisfied [6][that any matter arising out of any proceedings pending before
him] can be more conveniently depth with by any other Commissioner, whether in the same State or not,
he may, subject to rules made under this Act, order such matter to be transferred to such other
Commissioner either for report or for disposal, and, if he does so, shall forthwith transmit to such other
Commissioner all documents relevant for the decision of such matter and, where the matter is transferred
for disposal, shall also transmit in the prescribed manner any money remaining in his hands or invested
by his for the benefit of any party to the proceedings:
1. Ins. by Act 15 of 1933, s. 13.
2. The word “local” omitted by Act 64 of 1962, s. 7 (w.e.f.1-2-1963).
3. Sub-section (2) and (3) renumbered as sub-sections (3) and (4) to that section respectively by Act 15 of 1933, s. 13.
4. Subs. by Act 30 of 1995, s. 10, for sub-section (1),(w.e.f.15-5-1995).
5. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
6. Subs. by Act 9 of 1938, s. 9, for certain words.
22
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1[Provided that the Commissioner shall not, where any party to the proceedings has appeared before
him, make any order of transfer relating to the distribution among dependants of a lump sum without
giving such party an opportunity of being heard:]
2*****
(3) The Commissioner to whom any matter is so transferred shall, subject to rules made under this
Act, inquire thereinto and, if the matter was transferred for report, return his report thereon or, if the
matter was transferred for disposal, continue the proceedings as if they had originally commenced before
him.
(4) On receipt of a report from a Commissioner to whom any matter has been transferred for report
under sub-section (2), the Commissioner by whom it, was referred shall decide the matter referred in
conformity with such report.
3[(5) The State Government may transfer any matter from any Commissioner appointed by it to any
other Commissioner appointed by it.]
**22. Form of application.—[4][(1) Where an accident occurs in respect of which liability to pay**
compensation under this Act arises, a claim for such compensation may, subject to the provisions of this
Act, be made before the Commissioner.
(1A) Subject to the provisions of sub-section (1), no application for the settlement] of any matter by a
Commissioner, [5][other than an application by a dependant or dependants for compensation] shall be made
unless and until some question has arisen between the parties in connection therewith which they have
been unable to settle by agreement.
(2) [6][An application to a Commissioner] may be made in such form and shall be accompanied by such
fee, if any, as may be prescribed, and shall contain, in addition to any particulars which may be
prescribed, the following particulars, namely:—
(a) a concise statement of the circumstances in which the application is made and the relief or
order which the applicant claims;
(b) in the case of a claim for compensation against an employer, the date of service of notice of
the accident on the employer and, if such notice has not been served or has not been served in due
time, the reason for such omission;
(c) the names and addresses of the parties; and
(d) [5][except in the case of an application by dependants for compensation] a concise statement of
the matters on which agreement has and [7][of] those on which agreement has not been come to.
(3) If the applicant is illiterate or for any other reason is unable to furnish the required information in
writing, the application shall, if the applicant so desires, be prepared under the direction of the
Commissioner.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 22 of Act No. 8 of 1923.—In section 22 of the Employees’ Compensation**
Act, 1923, in sub-section (1-A) the following proviso shall be inserted at the end, namely:-
1. Ins. by Act 9 of 1938, s. 9.
2. Second proviso omitted by s. 10, ibid. (w.e.f.15-9-1995).
3. Ins. by Act 15 of 1933, s. 14.
4. Subs. by Act 30 of 1995, s. 11, for certain words (w.e.f.15-9-1995).
5. Ins. by Act 15 of 1933, s. 15.
6. Subs. by s. 15, ibid., for “where any such question has arisen, the application”.
7. Subs. by Act 37 of 1925, s. 2 and the First Schedule, for “on”.
23
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“Provided that if an application is not made before the Commissioner by an employee or by
dependent or dependents thereof within a period of ninty days from the date of the occurrence of the
accident, then without prejudice to the right conferred to an employee or dependent or dependents thereof
under this act or the rules made thereunder, such application may be filed by an officer authorized by the
State Government in this behalf for the purpose of compensation to be paid to such employee or
dependent or dependents thereof;
Provided further that where it comes to the notice of the Commissioner that applicant for
compensation arising out of same accident has been filed by both the employee or dependent or
dependents thereof and by the officer referred to in the first proviso, the Commissioner shall club both the
applications and decide the same by single order without prejudice to the right of such employee or
dependents thereof.”
[Vide Uttar Pradesh Act 27 of 2018, s. 2]
1[22A. Power of Commissioner to require further deposit in cases of fatal accident.—(1) Where
any sum has been deposited by an employer as compensation payable in respect of a [2][employee] whose
injury has resulted in death, and in the opinion of the Commissioner such sum is insufficient, the
Commissioner may, by notice in writing stating his reasons, call upon the employer to show cause why he
should not make a further deposit within such time as may be stated in the notice.
(2) If the employer fails to show cause to the satisfaction of the Commissioner, the Commissioner
may make an award determining the total amount payable, and requiring the employer to deposit the
deficiency.]
**23. Powers and procedure of Commissioners.—The Commissioner shall have all the powers of a**
Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence on
oath (which such Commissioner is hereby empowered to impose) and of enforcing the attendance of
witnesses and compelling the production of documents and material objects, [3][and the Commissioner
shall be deemed to be a Civil Court for all the purposes of [4][section 195 and of Chapter XXVI of the Code
of Criminal Procedure, 1973 (2 of 1974)].
5[24. Appearance of parties.—Any appearance, application or act required to be made or done by
any person before or to a Commissioner (other than an appearance of a party which is required for the
purpose of his examination as a witness) may be made or done on behalf of such person by a legal
practitioner or by an official of an Insurance Company or a registered Trade Union or by an Inspector
appointed under sub-section (1) of section 8 of the Factories Act, 1948 (63 of 1948), or under sub-section
(1) of section 5 of the Mines Act, 1952 (35 of 1952), or by any other officer specified by the State
Government in this behalf, authorised in writing by such person, or, with the permission of the
Commissioner, by any other person so authorised.][6]
**25. Method of recording evidence.—The Commissioner shall make a brief memorandum of the**
substance of the evidence of every witness as the examination of the witness proceeds, and such
memorandum shall be written and signed by the Commissioner with his own hand and shall form part of
the record:
Provided that, if the Commissioner is prevented from making such memorandum, he shall record the
reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation
and shall sign the same, and such memorandum shall form part of the record:
1. Ins. by Act 15 of 1933, s. 16.
2. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
3. Ins. by Act 5 of 1929, s. 5.
4. Subs. by Act 30 of 1995, s. 12, for certain words (w.e.f.15-9-1995).
5. Subs. by Act 8 of 1959, s. 14, for s. 24 (w.e.f.1-6-1959).
6. In the application of the Act to Bengal, new ss. 24A and 24B have been ins. here by Ben. Act 6 of 1942, s. 4.
24
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Provided further that the evidence of any medical witness shall be taken down as nearly as may be
word for word.
**1[25A. Time limit of disposal of cases relating to compensation.—The Commissioner shall dispose**
of the matter relating to compensation under this Act within a period of three months from the date of
reference and intimate the decision in respect thereof within the said period to the employee.]
**26. Costs.—All costs, incidental to any proceedings before a Commissioner, shall, subject to rules**
made under this Act, be in the discretion of the Commissioner.
**27. Power to submit eases.—A Commissioner may, if he thinks fit, submit any question of law for**
the decision of the High Court and, if he does so, shall decide the question in conformity with such
decision.
**28. Registration of Agreements.—(1) Where the amount of any lump sum payable as compensation**
has been settled by agreement, whether by way or redemption of a half-monthly payment or otherwise, or
where any compensation has been so settled as being payable [2][to a woman or a person under a legal
disability] [3]*** a memorandum thereof shall be sent by the employer to the Commissioner, who shall, on
being satisfied as to its genuineness, record the memorandum in a register in the prescribed manner:
Provided that—
(a) no such memorandum shall be recorded before seven days after communication by the
Commissioner of notice to the parties concerned;
4*****
(c) the Commissioner may at any time rectify the register;
(d) where it appears to the Commissioner that an agreement as to the payment of a lump sum
whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the
amount of compensation payable [5][to a woman or a person under a legal disability] [6]*** ought not to
be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having
been obtained by fraud or undue influence or other improper means, he may refuse to record the
memorandum of the agreement [7][and may make such order] including an order as to any sum already
paid under the agreement, as he thinks just in the circumstances.
(2) An agreement for the payment of compensation which has been registered under sub-section (1)
shall be enforceable under this Act notwithstanding anything contained in the Indian Contract Act, 1872
(9 of 1872), or in any other law for the time being in force.
**29. Effect of failure to register agreement.—Where a memorandum of any agreement the**
registration of which is required by section 28, is not sent to the Commissioner as required by that
section, the employer shall be liable to pay the full amount of compensation which he is liable to pay
under the provisions of this Act, and notwithstanding an thing contained in the proviso to sub-section (1)
of section 4, shall not, unless the Commissioner otherwise directs, be entitled to deduct more than half of
any amount paid to the [8][employee] by way of compensation whether under the agreement or otherwise.
**30. Appeals.—(1) An appeal shall lie to the High Court from the following orders of a**
Commissioner, namely:—
1. Ins. by Act 45 of 2009, s. 9 (w.e.f.18-1-2010).
2. Subs. by Act 5 of 1929, s. 6, for certain words.
3. The words “or to a dependant” omitted by Act 7 of 1924, s. 3 and the Second Schedule.
4. Clause (b) omitted by Act 5 of 1929, s. 6.
5. Subs. by Act 5 of 1929, s. 6, for certain words.
6. The words “or to any dependant” omitted by Act 7 of 1924, s. 3 and the Second Schedule.
7. Subs. by Act 7 of 1924, s. 2 and Sch. I, for “or may make such order”.
8. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
25
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(a) an order awarding as compensation a lump sum whether by way of redemption of a half
monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;
1[(aa) an order awarding interest or penalty under section 4A;]
(b) an order refusing to allow redemption of a half-monthly payment;
(c) an order providing for the distribution of compensation among the dependants of a deceased
6[employee], or disallowing any claim of a person alleging himself to be such dependant;
(d) an order allowing or disallowing any claim for the amount of an indemnity under the
provisions of sub-section (2) of section 12; or
(e) an order refusing to register a memorandum of agreement or registering the same or providing
for the registration of the same subject to conditions:
Provided that no appeal shall lie against any order unless a substantial question of law is involved in
the appeal and, in the case of an order other than an order such as is referred to in clause (b), unless the
amount in dispute in the appeal is not less than [2][ten thousand rupees or such higher amount as the Central
Government may, by notification in the Official Gazette, specify]:
Provided, further, that no appeal shall lie in any case in which the parties have agreed to abide by the
decision of the Commissioner, or in which the order of the Commissioner gives effect to an agreement
come to by the parties:
3[Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of
appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited
with him the amount payable under the order appealed against.]
(2) The period of limitation for an appeal under this section shall be sixty days.
(3) The provisions of section 5 of [4][the Indian Limitation Act, 1963 (36 of 1963)] shall be applicable
to appeals under this section.
**30A.[Withholding of certain payments pending decision of appeal].—Omitted by the Employee’s**
_Compensation (Amendment) Act 2017, s. 5 (w.e.f. 15-5-2017)._
**31. Recovery.—The Commissioner may recover is an arrear of land-revenue any amount payable by**
any person under this Act, whether under an agreement for the payment of compensation or otherwise,
and the Commissioner shall be deemed to be a public officer within the meaning of section 5 of the
Revenue Recovery Act, 1890 (1 of 1890)[5].
CHAPTER IV
RULES
**32. Power of the State Government to make rules.—(/) The [6][State Government] may make rules[7]**
to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) for prescribing the intervals at which and the conditions subject to which an application for
review may be made under section 6 when not accompanied by a medical certificate;
1. Ins. by Act 8 of 1959, s. 15 (w.e.f.1-6-1959).
2. Subs. by Act 11 of 2017, s. 4, for “three hundred rupees” (w.e.f.15-5-2017).
3. Ins. by Act 15 of 1933, s. 17.
4. Subs. by Act 30 of 1995, s. 13, for certain words (w.e.f.15-9-1995).
5. In the application of the Act to Bengal, a new s. 31A has been ins. here by the Bengal Touts Act, 1942 (Ben. 5 of 1942), s. 12.
6. Subs. by the A. O. 1937, for “G. G. in C”,
7. For the Workmen’s Compensation Rules, 1924, see Gazette of India, 1924, Pt. I, p 586.
26
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(b) for prescribing the intervals at which and the conditions subject to, which a [1][employee] may
be required to submit himself for medical examination under sub-section (1) of section 11;
(c) for prescribing the procedure to be followed by Commissioners in the disposal of cases under
this Act and by the parties in such cases;
(d) for regulating the transfer of matters and cases from one Commissioner to another and the
transfer of money in such cases;
(e) for prescribing the manner in which money in the hands of a Commissioner may be invested
for the benefit of dependants of a deceased [7][employee] and for the transfer of money so invested
from one Commissioner to another;
(f) for the representation in proceedings before Commissioners of parties who are minors or are
unable to make an appearance;[2 ]
(g) for prescribing the form and manner in which memoranda of agreements shall be presented
and registered;
(h) for the withholding by Commissioners, whether in whole or in part of half-monthly payments
pending decision on applications for review of the same;[3]***
2* - - -
2[(i) for regulating the scales of costs which may be allowed in proceedings under this Act;
(j) for prescribing and determining the amount of the fees payable in respect of any proceedings
before a Commissioner under this Act;
(k) for the maintenance by Commissioners of registers and records of proceedings before them;
(l) for prescribing the classes of employers who shall maintain notice-books under
sub-section (3) of section 10, and the form of such notice-books;
(m) for prescribing the form of statement to be submitted by employers under section 10A; [4]***
(n) for prescribing the cases in which the report referred to in section 10B may be sent to an
authority other than the Commissioner;]
5[(o) for prescribing abstracts of this Act and requiring the employers to display notices
containing such abstracts;
(p) for prescribing the manner in which diseases specified as occupational diseases may be
diagnosed;
(q) for prescribing the manner in which diseases may be certified for any of the purposes of this
Act;
(r) for prescribing the manner in which, and the standards by which, incapacity,may be
assessed.]
6[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the
State Legislature].
**33.[Power of Local Government to make rules.] Rep. by the A.O. 1937.**
**34. Publication of rules.—(1) The power to make rules conferred by [7][section 32] shall be subject to**
the condition of the rules being made after previous publication.
(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act,
1897 GO of 1897); as that after which a draft of rules proposed to be made under section 32 [8]*** will be
taken into consideration, shall not be less than three months from the date on which
the draft of the proposed rules was published for general information.
1. Subs. by Act 45 of 2009, s. 5, for “workman” (w.e.f.18-1-2010).
2. In the application of the Act of Bengal, new clauses (ff), (ff1) and (ff2) have been ins. here by Ben, Act 6 of 1942, s. 5.
3. The word “and” at the end of cl. (h) and the original cl. (i) omitted, and the new cls, (i) to (n), which were the same as cls, (a)
to (f) of s. 33, ins. by the A. O. 1937.
4. The word “and” omitted by Act 58 of 1960, s. 3 and the Second Schedule.
5. Ins. by Act 8 of 1959, s. 16 (w.e.f.1-6-1959).
6. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f.15-5-1986).
7. Subs. by the A.O. 1937, for “sections 32 and 33”.
8. The words and figures “or section 33” rep.; ibid.
27
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(3) Rules so made shall be published in [1]*** the Official Gazette [2]*** and, on such publication, shall
have effect as if enacted in this Act.
**3[35. Rules to give effect to arrangements with other countries for the transfer of money paid as**
**compensation.—[4][(1)] The Central Government may by notification in the Official Gazette, make rules**
for the transfer [5]*** [6][to any foreign country] of money [7][deposited with] a Commissioner under this Act
8[which has been awarded to or may be due to], any person residing or about to reside in 9[such foreign
country] and for the receipt [10][distribution] and administration in [11][any State] of any money [12][deposited]
under the law relating to Workmen’s compensation [13]*** [14][in any foreign country], [15][which has been
awarded to, or may be due to] any person residing or about to reside in [11][any State]:]
10[Provided that no sum deposited under this Act in respect of fatal accidents shall be so transferred
without the consent of the employer concerned until the Commissioner receiving the sum has passed
orders determining its distribution and apportionment under the provisions of sub-section (4) and (5) of
section 8.]
(2) Where money deposited with a Commissioner has been so transferred in accordance with the rules
made under this section, the provisions elsewhere contained in this Act regarding distribution by the
Commissioner of compensation’ deposited with him shall cease to apply in respect of any such money.
16[36. Rules made by Central Government to be laid before Parliament.—Every rule made under
this Act by the Central Government shall be laid as soon as may be after it is made before each House of
Parliament while it is in session for a total period of thirty days which may be comprised in one session or
in [17][two or more successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. The words “The Gazette of India or” rep., by the A. O. 1937.
2. The words “as the case may be” rep., ibid.
3. Ins. by Act 15 of 1933, s. 20.
4. The original s. 35 renumbered as sub-section (1) of that section by Act 7 of 1937, s. 2.
5. The words “to any Part B State or” ins. by. the A.O. 1948, omitted by Act 3 of 1951, s. 3 and Sch.
6. Subs. by Act 22 of 1984, s. 5, for certain words (w.e.f.1-7-1984).
7. Subs. by Act 7 of 1937, s. 2, for “paid to”.
8. Subs. by s. 2, ibid., for “for the benefit of”.
9. Subs. by Act 22 of 1984, -s. 5, for “such part of country” (w.e.f.1-7-1984).
10. Ins. by Act 7 of 1937, s. 2.
11. Subs. by Act 3 of 1951, s. 3 and Sch., for “a Part A State or Part C State”.
12. Subs. by Act 7 of 1937, s. 2, for “awarded”.
13. Of the words “in any Part B State or” ins. by the A.O. 1950, first five words were omitted by Act 3 of 1951, s. 3 and Sch., and
the word “or” was omitted by Act 36 of 1957, s. 3 and Sch. II.
14. Subs. by Act 22 of 1984, s. 5, for certain words (w.e.f.1-7-1984).
15. Subs. by Act 7 of 1937, s. 2, for “and applicable for the benefit of”.
16. Ins. by Act 64 of 1962, s. 8 (w.e.f.1-2-1963).
17. Subs. by Act 65 of 1976, s. 3, for certain words (w.e.f.21-5-1976).
28
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Serial
No.
1[SCHEDULE I
[See sections 2(1) and (4)]
2[PART I
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT]
Description of injury Percentage of loss
of earning
capacity
1. Loss of both hands or amputation at higher sites……………………………. 100
2. Loss of a hand and a foot……………………………………………………. 100
3. Double amputation through leg or thigh, or amputation through leg or thigh
on one side and loss of other foot…………………………………………..
4. Loss of sight to such an extent as to render the claimant unable to perform
any work for which eye sight is essential…………………………………...
100
100
5. Very severe facial disfigurement…………………………………………… 100
6. Absolute deafness………………………………………………………… 100
3[PART II
LIST OF INJURIES DEEMED TO- RESULT IN PERMANENT PARTIAL DISABLEMENT]
_Amputation cases—upper limbs (either arm)_
4[1] Amputation through shoulder joint……………………………………………………… 90
4[2] Amputation below shoulder with stump less than 5[20.32 cms.] from tip of acromion …. 80
6[3] Amputation from [7][20.32 cms] from tip of acromion to less than [7][11.43cms.]
below tip of olecranon…….
6[4] Loss of a hand or of the thumb and four fingers of one hand or amputation from
6[11.43] below tip of olecranon…………………………………………………….
70
60
6[5] Loss of thumb…………………………………………… 30
6[6] Loss of thumb and its metacarpal bone…………………………………………… 40
6[7] Loss of four fingers of one hand……………………………………………… 50
6[8] Loss of three fingers of one hand……………………………………………… 30
6[9] Loss of two fingers of one hand…………………………………………………… 20
6[10] Loss of terminal phalanx of thumb……………………………………………… 20
6[10A Guillotine Amputation of tip of thumb without loss of bone……… 10]
1. Subs. by Act 8 of 1959, s. 17, for the first Schedule I (w.e.f. 1-6-1959).
2. Subs. by Act 64 of 1962, s. 9, for heading (w.e.f. 1-2-1963).
3. Ins. by s. 9, ibid. (w.e.f.1-2-1963).
4. Serial Nos. 7 to 54 renumbered as serial Nos. 1 to 48 respectively by s. 9, ibid. (w.e.f.1-2-1963).
5. Subs. by Act 30 of 1995, s. 14, for “8” (w.e.f.15-9-1995).
6. Serial Nos. 7 to 54 renumbered as serial Nos. 1 to 48 respectively by Act 64 of 1962, s. 9 (w.e.f.1-2-1963).
7. Subs. by Act 30 of 1995, s. 14 for certain numbers (w.e.f.15-9-1995).
29
-----
Serial Description of injury Percentage of loss
No. of earning
capacity
_Amputation cases—lower limbs_
1[11] Amputation of both feet resulting in end-bearing tumps………………… 90
1[12] Amputation through both feet proximal to the metatarso-phalangeal
joint…
80
1[13] Loss of all toes of both feet through the metatarso-phalangeal joint……… 40
1[14] Loss of all toes of both feet proximal to the proximal interphalangeal
joint………
1[15] Loss of all toes of both feet distal to the proximal interphalangeal
joint…………
30
20
1[16] Amputation at hip……………………………………………………… 90
1[17] Amputation below hip with stump not exceeding [2][12.70 cms.] in length
measured from tip of great trenchanter……………………………………
1[18] Amputation below hip with stump exceeding [2][12.70 cms.] in length
measured from tip of great trenchanter but not beyond middle
thigh………………………
80
70
1[19] Amputation below hip middle thigh to [2][8.89cms.] blownee…………… 60
1[20] Amputation below knee with stump exceeding [8.89] but not exceeding
5”………..
[50]1
1[21] Amputation below knee with stump exceeding [2][12.70 cms.]…………… [50]1
1[22] Amputation of one foot resulting in end-bearing………………………… [50]1
1[23] Amputation through one foot proximal to the metatarso-phalangeal
joint……………..
1[24] Loss of all toes of one foot through the metatarso-phalangeal
joint…………………
_Other injuries_
1[25] Loss of one eye, without complication, the other being
normal…………………
1[26] Loss of vision of one eye, without complications or disfigurement of eyeball, the other being normal……………………………………………
50
20
40
30
3[26A] Loss of partial vision of one eye……………………………………… 10
1. Subs. by Act 30 of 1995, s. 14 for certain numbers (w.e.f.15-9-1995).
2. Serial No. 7 to 54 as serial Nos. 1 to 48 respectively by Act 64 of 1962 s. 9 (w.e.f. 1-2-1963).
3. Ins. by s. 14, ibid. (w.e.f.15-9-1995).
30
-----
Serial Description of injury Percentage
No. of loss of
earning
capacity
_Loss of—_
_A.—Fingers of right or left_
_hand Index finger_
1[27] Whole 14
1[28] Two phalanges 11
1[29] One phalanx 9
1[30] Guillotine amputation of tip without loss of bone 5
_Middle Finger_
1[31] Whole 12
1[32] Two phalanges 9
1[33] One phalanx 7
1[34] Guillotine amputation of tip without loss of bone 4
_Ring or little finger_
1[35] Whole 7
1[36] Two phalanges 6
1[37] One phalanx 5
1[38] Guillotine amputation of tip without loss of bone 2
_B.—Toes of right or left foot_
_Great toe_
1[39] Through metatarso-phalangcal joint 14
1[40] Part, with some loss of bone 3
_Any other toe_
1[41] Through metatarso-phalangcal joint 3
1[42] Part, with some loss of bone 1
_Two toes of one foot, excluding great toe_
1[43] Through metatarso-phalangcal joint 5
1[44] Part, with some loss of bone 2
_Three toes of one foot, excluding great toe_
1[45] Through metatarso-phalangcal joint 6
1[46] Part, with some loss of bone 3
1. Serial Nos. 7 to 54 renumbered as serial Nos. 1 to 48 respectively by Act 64 of 1962, s. 9 (w.e.f.1-2-1963).
31
-----
Serial Description of injury Percentage
No. of loss of
earning
capacity
_Four toes of one foot, excluding great toe_
1[47] Through metatarso-phalangcal joint 9
1[48] Part, with some loss of bone 3.]
2[NOTE.—Complete and permament loss of the use of any limb or member referred to in this Schedule
shall be deemed to be the equivalent of the loss of that limb or member.]
1. Serial Nos. 7 to 54 renumbered as serial Nos. 1 to 48 respectively by Act 64 of 1962, s. 9 (w.e.f.1-2-1963).
2. Ins. by Act 58 of 1960, s. 3 and Sch. II.
32
-----
SCHEDULE II
[See[1][section 2 (1) (dd)]]
LIST OF PERSONS WHO, SUBJECT TO THE PROVISIONS OF [1][SECTION 2 (1) (dd)],’ARE INCLUDED IN THE
DEFINITION OF [2][EMPLOYEES]
The following persons are employee’s within the meaning of [1][section 2 (1) (dd)] and subject to the
provisions of that section, that is to say, any person who is—
3[4[(i) 5[employed in railways], in connection with the operation 6[repair or maintenance of a lift
or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the
loading or unloading of any such vehicle; or
(ii) employed, [7]***, in any premises wherein or within the precincts whereof a manufacturing
process as defined in clause (k) of section 2 of the Factories Act, 1948 (63 of 1948) is being carried
on, or in any kind of work whatsoever incidental to or connected with any such manufacturing
process or with the article made [8][whether or not employment in any such work is within such
premises or precincts], and steam, water or other mechanical power or electrical power is used; or
(iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise
adapting for use, transport or sale any ‘article or part of an article in any premises [9]***; [10]***
7[Explanation.—for the purposes of this clause, persons employed outside such premises or
precincts but in any work incidental to, or connected with, the work relating to making, altering,
repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of
an ‘article shall be deemed to be employed within such premises or precincts; or]
(iv) employed in the manufacture or handling of explosives in connection with the employer’s
trade or business; or
(v) employed, in any mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of
1952), in any mining operation or in any kind of work, [11]***, incidental to or connected with any
mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or
(vi) employed as the master or as a seaman of—
(a) any ship which is propelled wholly or in part by steam or other mechanical power or by
electricity or which is towed or intended to be towed by a ship so propelled; or
12* - - -
(c) any sea-going ship not included in sub-clause (a) [13]*** provided with sufficient area for
navigation under sails alone; or
1. Subs. by Act 45 of 2009, s. 10, for “section 2(1)(n)” (w.e.f.18-1-2010).
2. Subs. by s. 5, ibid., for “workmen” (w.e.f.18-1-2010).
3. Subs. by Act 15 of 1933, s. 21, for cls. (i) to (xiii).
4. Subs. by Act 8 of 1959, s. 18, for cls. (i) to (ix) (w.e.f.1-6-1959).
5. Subs. by Act 45 of 2009, s. 10, for “employed, otherwise than in a clerical capacity or on a railway” (w.e.f.18-1-2010).
6. Ins. by Act 30 of 1995, s. 15 (w.e.f.15-9-1995).
7. The words “otherwise than in a clerical capacity” omitted by Act 45 of 2010, s. 10 (w.e.f.18-1-2010).
8. Ins. by Act 64 of 1962, s. 10 (w.e.f.1-2-1963).
9. The words “wherein or within the precincts whereof twenty or more persons are so employed” omitted by Act 45 of 2009, s.
10 (w.e.f.18-1-2010).
10. The word “or” omitted by Act 64 of 1962, s. 10 (w.e.f.1-2-1963).
11. The word “other than clerical work” omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).
12. Clause (b) omitted by s. 10, ibid. (w.e.f.18-1-2010).
13. The words, brackets and letter “or sub-clause (b)” omitted by s. 10, ibid. (w.e.f.18-1-2010).
33
-----
(vii) employed for the purpose of—
(a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting
any ship of which he is not the master or a member of the crew, or handling or transport within
the limits of any port subject to [1][(the Ports Act, 1908 (5 of 1908) or the Major Port Trusts Act,
1963 (38 of 1963)], of goods which have been discharged from or are to be loaded into any
vessel; or
(b) warping a ship through the lock; or
(c) mooring and unmooring ships at harbour wall berths or in pier; or
(d) removing or replacing dry dock caisoons when vessels are entering or leaving dry docks;
or
(e) the docking or undocking of any vessel during an emergency; or
(f) preparing splicing coir springs and check wires, painting depth marks on lock-sides,
removing or replacing fenders whenever necessary, landing of gangways, maintaining life-buoys
up to standard or any other maintenance work of a like nature; or
(g) any work on jolly-boats for bringing a ship’s line to the wharf; or
(viii) employed in the construction, maintenance, repair or demolition of—
(a) any building which is designed to be or is or has been more than one storey in height
above the ground or twelve feet or more from the ground level to the apex of the roof; or
(b) any dam or embankment which is twelve feet or more in height from its lowest to its
highest point; or
(c) any road, bridge, tunnel or canal; or
(d) any wharf, quay, sea-wall or other marine work including any moorings ofships, or
(ix) employed in setting up, maintaining, repairing or taking down any telegraph or telephone line
or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same;
or
(x) employed, [2]***, in the construction, working, repair or demolition of any aerial ropeway,
canal, pipe-line, or sewer; or
(xi) employed in the service of any fire brigade; or
(xii) employed upon a railway as defined in [3][clause _(31) of section 2 and sub-section (1) of_
section 197 of the Railways Act, 1890 (9 of 1890)], either directly or through a sub-contractor, by a
person fulfilling a contract with the railway administration; or
(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service [4][or as
a telegraphist or as a postal or railway Signaller], or employed in any occupation ordinarily involvingoutdoor work in the Indian Posts and Telegraphs Department; or
(xiv) employed, [5]***, in connection with operations for winning natural petroleum or natural gas;
or
1. Subs. by Act 30 of 1995, s. 15 for certain words (w.e.f.15-9-95).
2. The words “otherwise than in a clerical capacity” omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).
3. Subs. by Act 30 of 1995, s. 15, for certain words (w.e.f.15-9-1995).
4. Ins. by Act 8 of 1959, s. 18 (w.e.f.1-6-1959).
5. The words “otherwise than in a clerical capacity” omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).
34
-----
(xv) employed in any occupation involving blasting operation; or
(xvi) employed in the making of any excavation [1]*** or explosives have been used, or whose
depth from its highest to its lowest point exceeds [2][twelve] feet; or
(xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or
3[(xviii) employed on any estate which is maintained for the purpose of growing cardamom,
cinchona, coffee, rubber or tea; or]
4[(xix) employed, 5***, in the generating, transforming, transmitting or distribution of electrical
energy or in generation or supply of gas; or]
(xx) employed in a lighthouse as defined in clause (d) of section 2 of the Indian Lighthouse Act,
1927 (17 of 1927); or
(xxi) employed in producing cinematograph pictures intended for public exhibition or in
exhibiting such pictures; or
(xxii) employed in the training, keeping or working of elephants or wild animals; or
6[(xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of
timber by inland waters, or the control or extinguishing of forest fires; or
(xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or]
7[(xxv) employed as a diver; 1[or
(xxvi) employed in the handling or transport of goods in, or within the precincts of,—
(a) any warehouse or other place in which goods are stored, [8]***; or
(b) any market [9]***; or
(xxvii) employed in any occupation involving the handling and manipulation of radium or X-rays
apparatus, or contact with radio-active substances;] [10][or]
10(xxviii) employed in or in connection with the construction, erection, dismantling, operation or
maintenance of an aircraft as defined in section 2 of the Indian Aircraft Act, 1934 (22 of 1934); or
(xxix) [4][employed in horticultural operations, forestry, bee-keeping or farming” by tractors or
other contrivances driven by steam or other mechanical power or by electricity; or
(xxx) employed, [11]***, in the construction, working, repair or maintenance of a tubewell; or
(xxxi) employed in the maintenance, repair or renewal of electric fittings in any building; or
(xxxii) employed in a circus.]
1. The words “in which on any one day of the preceding twelve months more than twenty-five persons have been employed”
omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).
2. Subs. by Act 8 of 1959, s. 18, for “twenty” (w.e.f.1-6-1959).
3. Subs. by Act 45 of 2009, s. 10 for item (xviii) (w.e.f.18-1-2010).
4. Subs. by Act 30 of 1995, s. 15, for item (xix) and “employed in farming” (w.e.f.15-9-1995).
5. The words “otherwise than in a clerical capacity” omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).
6. Ins. by Act 9 of 1938, s. 11.
7. Original cl. (xxiii) renumbered (xxv) by s. 11, ibid.
8. The words “and in which on any one day of the preceding twelve months ten or more persons have been so employed” omitted
by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).
9. The words “in which on any one day of the preceding twelve months fifty or more persons have been so employed” omitted by
s. 10, ibid. (w.e.f.18-1-2010).
10. Ins. by Act 8 of 1959, s. 18 (w.e.f. 1-6-1959).
11. The words “otherwise than in a clerical capacity” omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).
35
-----
1[(xxxiii) employed as watchman in any factory or establishment; or
(xxxiv) employed in any operation in the sea for catching fish; or
(xxxv) employed in any employment which requires handling of snakes for the purpose of
extraction of venom or for the purpose of looking after snakes or handling any other poisionous
animal or insect; or
(xxxvi) employed in handling animals like horses, mules and bulls; or
(xxxvii) employed for the purpose of loading or unloading an mechanically propelled vehicle or in
the handling or transport of goods which have been loaded in such vehicles; or
(xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority;
or
(xxxix) employed on surveys and investigation, exploration or gauge or dischange observation of
rivers including drilling operations, hydrological observations and flood forecasting activities ground
water surveys and exploration; or
(xl) employed in cleaning of jungles or reclaiming land or ponds[2]***; or
(xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations
of fishing [2]***; or
(xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of
water from wells, tubewells, ponds, lakes, streams and the like; or
(xliii) employed in the construction, boring or deepening of an open well or dug well, bore well,
bore-cum-dug well, filter point and the like; or
(xliv) employed in spraying and dusting of insecticides or pesticides in agricultural operations or
plantations; or
(xlv) employed in mechanised harvesting and threshing operations; or
(xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the
like; or
(xlvii) employed as artist for drawing pictures on advertisement boards at a height of 3.66 metres
or more from the ground level; or
(xlviii) employed in any newspaper establishment as defined in the Working Journalists and Other
Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and engaged
in outdoor work].
_Explanation.—In this Schedule, “the preceding twelve months” relates in any particular case to_
the twelve months ending with the day on which the accident in such case occurred.]
1. Ins. by Act 30 of 1995, s. 15 (w.e.f.15-9-1995).
2. The words “in which on any one day of the preceding twelve months more than twenty-five persons have been employed”
omitted by Act 45 of 2009, s. 10 (w.e.f.18-1-2010).
36
-----
Serial
No
1[SCHEDULE III
(See section 3)
LIST OF OCCUPATIONAL DISEASES
Occupational disease Employment
(1) (2) (3)
PART A
1. Infectious and parasitic diseases contracted
in an occupation where there is a particular
risk of contamination.
2. Diseases caused by work in compressed
air.
3. Diseases caused by lead or its toxic
compounds.
(a) All work involving exposure to health or
laboratory work;
(b) All work involving exposure to veterinary
work;
(c) Work relating to handling animals, animal
carcasses, part of such carcasses, or merchandise
which may have been contaminated by animals or
animal carcasses;
(d) other work carrying a particular risk of
contamination.
All work involving exposure to the risk concerned.
All work involving exposure to the risk concerned.
4. Poisoning by nitrous fumes. All work involving exposure to the risk concerned.
Poisoning by
5. All work involving exposure to the risk concerned.
organophosphoruscompounds.
PART B
1. Diseases caused by phosphorus or its toxic
compounds.
2. Diseases caused by mercury or its toxic
compounds.
3. Diseases caused by benzene or its toxic
homologues.
4. Diseases caused by nitro and amido toxic
derivatives of benzene or its homologues.
5. Diseases caused by chromium or its toxic
compounds.
6. Diseases caused by arsenic or its toxic
compounds.
7. Diseases caused by radioactive substances
and ionising radiations;
1. Subs. by Act 22 of 1984, s. 6 for Sch. (w.e.f.1-7-1984).
All work involving exposure to the risk concerned.
All work involving exposure to the risk concerned.
All work involving exposure to the risk concerned.
All work involving exposure to the risk concerned.
All work involving exposure to the risk concerned.
All work involving exposure to the risk concerned.
All work involving exposure to the action of
radioactive substances or ionising radiations.
37
-----
Serial
No
Occupational disease Employment
(1) (2) (3)
8. Primary epitheliomatous cancer of the skin All work involving exposure to the risk concerned.
caused by tar, pitch, bitumen, mineral oil,
anthracene, or the compounds, products or
residues of these substances.
9. Diseases caused by the toxic halogen All work involving exposure to the risk concerned.
derivatives of hydrocarbons (of the
aliphatic and aromatic series).
10. Diseases caused by carbon disulphide. All work involving exposure to the risk concerned.
11. Occupational cataract due to infra-red All work involving exposure to the risk concerned.
radiations.
12. Diseases caused by manganese or its toxic All work involving exposure to the risk concerned.
compounds.
13. Skin diseases caused by physical, All work involving exposure to the risk concerned.
chemical or biological agents not
included in other items.
14. Hearing impairment caused by noise. All work involving exposure to the risk concerned.
15. Poisoning by dinitrophenol or a All work involving exposure to the risk concerned.
homologue or by substituted
dinitrophenol or by the salts of such
substances.
16. Diseases caused by beryllium or its toxic All work involving exposure to the risk concerned.
compounds.
17. Diseases caused by cadmium or its toxic All work involving exposure to the risk concerned.
compounds.
18. Occupational asthma caused by All work involving exposure to the risk concerned.
recognized sensitising agents inherent
to the work process.
19. Diseases caused by fluorine or its toxic All work involving exposure to the risk concerned.
compounds.
20. Diseases caused by nitroglycerine or other All work involving exposure to the risk concerned.
nitroacid esters.
21. Diseases caused by alcohols and All work involving exposure to the risk concerned.
ketones.
22. Diseases caused by asphyxiants: carbon All work involving exposure to the risk concerned.
monoxide, and its toxic derivatives,
hydrogen sulfide.
23. Lung cancer and mesotheliomas caused by All work involving exposure to the risk concerned.
asbestos.
38
-----
Serial
No
Occupational disease Employment
(1) (2) (3)
24. Primary neoplasm of the epithelial lining of
the urinary bladder or the kidney or the
ureter.
All work involving exposure to the risk concerned.
1[25. Snow blindness in snow bound areas. All work involving exposure to the risk concerned.
26. Disease due to effect of heat in extreme hot
climate.
27. Disease due to effect of cold in extreme
cold climate.
All work involving exposure to the risk concerned.
All work involving exposure to the risk
concerned.]
PART C
1. Pneumoconioses caused by sclerogenic
mineral dust (silicoses, anthraoo-silicosis,
asbestosis) and silico-tuberculosis provided
that silicosis is an essential factor in
causing the resultant incapacity or death.
All work involving exposure to the risk concerned.
2. Bagassosis All work involving exposure to the risk concerned.
3. Bronchopulmonary diseases caused by
cotton, flax hemp and sisal dust
(Byssionsis),
4. Extrinsic allergic alveelitis caused by the
inhalation of organic dusts.
5. Bronchopulmonary diseases caused by
hard metals.
1. Ins. 64 Act 30 of 1995, of 16 (w.e.f. 15-9-95).
All work involving exposure to the risk concerned.
All work involving exposure to the risk concerned.
All work involving exposure to the risk concerned.
39
-----
1[SCHEDULE IV
(See section 4)
FACTORS FOR WORKING OUT LUMP SUM EQUIVALENT OF COMPENSATION AMOUNT IN CASE OF
PERMANENT DISABLEMENT AND DEATH.
Completed years of age on the last birthday of the
employee immediately preceding the date on which
the compensation fell due
Factors
1 2
Not more than 16…. 228.54
17…. 227.49
18…. 226.38
19…. 225.22
20…. 224.00
21…. 222.71
22…. 221.37
23…. 219.95
24…. 218.47
25…. 216.91
26…. 215.28
27…. 213.57
not more than 28…. 211.79
29…. 209.92
30…. 207.98
31…. 205.95
32…. 203.85
33…. 201.66
34…. 199.40
35…. 197.06
36…. 194.64
37…. 192.14
38…. 189.56
39…. 186.90
40…. 184.17
2. Subs. by Act 22 of 1984, s. 7, for Sch. IV (w.e.f. 1-7-1984).
40
-----
Completed years of age on the last birthday of the
employee immediately preceding the date on which
the compensation fell due
Factors
1 2
41…. 181.37
42…. 178.49
43…. 175.54
44…. 172.52
45…. 169.44
46…. 166.29
47…. 163.07
48…. 159.80
49… 156.47
50… 153.09
51… 149.67
52… 146.20
53… 142.68
54… 139.13
55… 135.56
56… 131.95
57… 128.33
58… 124.70
59… 121.05
60….. 117.41
61….. 113.77
62….. 110.14
63….. 106.52
64….. 102.93
65 or more…. 99.37.]
41
-----
|
5-Mar-1923 | 07 | The Indian Naval Armament Act, 1923 | https://www.indiacode.nic.in/bitstream/123456789/2377/1/A1923-7.pdf | central | # THE INDIAN NAVAL ARMAMENT ACT, 1923 ______
ARRANGEMENT OF SECTIONS ______
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Restriction on building or equipping vessels of war.
4. Licences.
5. Offences.
6. Liability.
7. Seizure, detention and search of ships.
8. Procedure in forfeiture of ships.
9. Disposal of forfeit.
10. Special proof of relevant facts.
11. Penalties for proceeding to sea after seizure.
12. Power to enter dock-yards, etc.
13. Courts by which and conditions subject to which offences may be tried.
14. Indemnity.
THE SCHEDULE.—[Repealed.].
1
-----
THE INDIAN NAVAL ARMAMENT ACT, 1923
ACT NO. 7 OF 1923
[5th March 1923.]
AN ACT to give effect [1]*** to the Treaty for the Limitation of Naval Armament.
WHEREAS it is expedient to give effect [1]*** to the [2][Treaty for the Limitation of Naval Armament
and for the Exchange of Information concerning Naval Construction signed in London on behalf of
His Majesty on the twenty-fifth day of March, 1936]; It is hereby enacted as follows:
**1. Short title, extent and commencement.— (1) This Act may be called the Indian Naval**
Armament Act, 1923.
3[(2) It extends to the whole of India except 4[the territories which, immediately before the 1st
November, 1956, were comprised in Part B States].]
(3) It shall come into force on such date5 as the Central Government may, by notification in the
Official Gazette appoint.
**2. Definitions.— In this Act unless there is anything repugnant in the subject or context,—**
(a) “competent Court” means the High Court or such other Court having unlimited original
civil jurisdiction as the Central Government may declare to be a competent Court for the purposes
of this Act;
(b) “ship” means any boat, vessel, battery or craft, whether wholly or partly constructed, which
is intended to float or is capable of floating, on water, and includes all equipment belonging to any
ship;
6[(bb) “States” denotes all the territories 7[to which this Act extends]; and
8 [(c) “the Treaty” means the Treaty for the Limitation of Naval Armament and for the
Exchange of Information concerning Naval Construction signed in London on behalf of His
Majesty on the twenty-fifth day of March, 1936.]
**3. Restriction on building or equipping vessels of war.— No person shall, except under and in**
accordance with the conditions of a licence granted under this Act,—
(a) build any vessel of war, or alter, arm or equip any ship so as to adapt her for use as a vessel
of war; or
(b) despatch or deliver, or allow to be despatched or delivered, from any place in the States any
ship which has been, either wholly or partly, built, altered, armed or equipped as a vessel of war in
any part of His Majesty’s Dominions or [9][of India] otherwise than under and in accordance with
any law for the time being in force in that part [10]***.
1. The words “in the Provinces” rep. by the A. O. 1950.
2. Subs. by Act 2 of 1937, s. 2, for certain words.
3. Subs. by the A.O. 1950, for sub-section (2).
4. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part B States”.
5. This Act was brought into force on the 10th November, 1923, see Gazette of India, 1923, Pt. I, p. 617.
6. Ins. by the A. O. 1950.
7. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “for the time being comprised within Part A States and Part C
States”.
8. Subs. by Act 2 of 1937, s. 3, for clause (c).
9. Subs. by the A.O. 1950, for “in a State in India”.
10. The words “or State” omitted, ibid.
2
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**4. Licences.— (1) A licence under this Act for any of the purposes specified in section 3 may be**
granted by the [1][Central Government], and shall not be refused unless it appears to the [1][Central
Government] that such refusal is necessary for the purpose of securing the observance of the
obligations imposed by the Treaty; and, where a licence is granted subject to conditions, the
conditions shall be such only as the [1][Central Government] may think necessary for the purpose
aforesaid.
(2) An application for a licence under this section shall be in such form and shall be accompanied
by such designs and particulars as the [1][Central Government] may, by general or special order,
require.
2 [(3) Any person who, in pursuance of a licence granted under sub-section (1) before the
commencement of the Indian Naval Armament (Amendment) Act, 1937 (2 of 1937), is engaged in
building any vessel of war or in altering, arming or equipping any ship so as to adapt her for use as a
vessel of war, or is about to despatch or deliver, or allow to be despatched or delivered, from any
place within the States any ship which has been so built, altered, armed or equipped, either entirely or
partly within the States, shall, upon written demand, furnish to the [1][Central Government] such
designs and particulars as may be required by the [1][Central Government] for the purpose of securing
the observance of the obligations imposed by the Treaty.]
**5. Offences against the Act.— (1) If any person contravenes any of the provisions of section 3**
2[or fails to comply with the provisions of sub-section (3) of section 4]; he shall be punishable with
imprisonment for a term which may extend to two years, or with fine which may extend to one
thousand rupees, or with both.
(2) Where an offence punishable under sub-section (1) has been committed by a
company or corporation, every director and manager of such company or corporation shall be
punishable thereunder unless he proves that the act constituting the offence took place without his
knowledge and consent.
(3) Nothing contained in section 517 or section 518 or section 520 of the Code of Criminal
Procedure, 1898 (5 of 1898)[3], shall be deemed to authorise the destruction or confiscation under the
order of any criminal court of any ship which is liable to forfeiture under this Act or of any part of
such ship.
**6. Liability of ships to forfeiture.— Any ship which has been, either wholly or partly, built,**
altered, armed or equipped as a vessel of war in the States in contravention of section 3, or in any [4]***
part of His Majesty’s Dominions or [5][of India] in contravention of any like provision of law in force
in that part [6]***, shall, if found in the States, be liable to forfeiture under this Act.
**7. Seizure, detention and search of ships.—(1) Where a ship is liable to forfeiture under this**
Act,—
(a) any Presidency Magistrate or Magistrate of the first class, or
1. Subs. by the A.O. 1937, for “L.G.”
2. Ins. by Act 2 of 1937, s. 4.
3. See now of the-Code of Criminal Procedure, 1973 (2 of 1974).
4. The word “other” omitted by the A.O. 1950.
5. Subs., ibid., for “any State in India”.
6. The words “or State” omitted, ibid.
3
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(a) any commissioned officer on full pay in the [1][Armed Forces of the Union], [2]*** or
(b) any officer of customs or police officer not below such rank[3 ]as may be designated in this
behalf by the Central Government,
may seize such ship and detain it, and, if the ship is found at sea within the territorial waters of the
States, may bring it to any convenient port in the States.
(2) Any officer taking any action under sub-section (1) shall forthwith report the same through his
official superiors to the [4][Central Government].
(3) The [4][Central Government] shall, within thirty days of the seizure, either cause the ship to be
released or make or cause to be made, in the manner hereinafter provided, an application for the
forfeiture thereof, and may make such orders for the temporary disposal of the ship as it thinks
suitable.
**8. Procedure in forfeiture of ships.— (1) An application for the forfeiture of a ship under this Act**
may be made by, or under authority from, the [4][Central Government] to any competent Court within
the local limits of whose jurisdiction the ship is for the time being.
(2) On receipt of any such application, the Court shall cause notice thereof and of the date fixed for
the hearing of the application to be served upon all persons appearing to it to have an interest in the
ship, and may give such directions for the temporary disposal of the ship as it thinks fit.
(3) For the purpose of disposing of an application under this section, the Court shall have the same
powers and follow, as nearly as may be, the same procedure as it respectively has and follows for the
purpose of the trial of suits under the Code of Civil Procedure, 1908 (5 of 1908), and any order made
by the Court under this section shall be deemed to be a decree, and the provisions of the said Code in
regard to the execution of decrees shall, as far as they are applicable, apply accordingly.
(4) Where the Court is satisfied that the ship is liable to forfeiture under this Act, it shall pass an
order forfeiting the ship to Government:
Provided that, where any person having an interest in the ship proves to the satisfaction of the
Court that he has not abetted, or connived at, or by his negligence facilitated, in any way, a
contravention of section 3 in respect of the ship, and such ship has not been built as a vessel of war, it
may pass such other order as it thinks fit in respect of the ship or, if it be sold, of the sale proceeds
thereof:
Provided further that in no case shall any ship which has been altered, armed or equipped as a
vessel of war be released until it has been restored, to the satisfaction of the [4][Central Government], to
such condition as not to render it liable to forfeiture under this Act.
(5) The [4][Central Government] or any person aggrieved by any order of a Court, other than a High
Court, under this section may, within three months of the date of such order, appeal to the High Court.
**9. Disposal of forfeit.— Where a ship has been forfeited to Government under section 8, it may be**
disposed of in such manner as the [4][Central Government] [5]*** directs:
Provided that, where the ship is sold under this section, due regard shall be had to the obligations
imposed by the Treaty.
1. Subs. by the A.O. 1950, for “military, naval or air service of His Majesty”.
2. The words “or any Gazetted Officer of the Royal Indian Marine Service” rep. by the A.O. 1937.
3. See Gazette of India, 1924. Pt. I, p. 188.
4. Subs. by the A.O. 1937, for “L.G.”.
5. The words “subject to the control of the G.G. in C.” rep by the A.O. 1937.
4
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**10. Special proof of relevant facts.— If, in any trial, appeal or other proceeding under the**
foregoing provisions of this Act, any question arises as to whether a ship is a vessel of war or whether
any alteration, arming or equipping of a ship is such as to adapt it for use as a vessel of war, the
question shall be referred to and determined by the Central Government, whose decision shall be final
and shall not be questioned in any court.
**11. Penalties for proceeding to sea after seizure.— (1) Where a ship which has been seized or**
detained under section 7 or section 8 and has not been released by competent authority under this Act
proceeds to sea, the master of the ship shall be punishable with fine which may extend to one
thousand rupees, and the owner and any person who sends the ship to sea shall be likewise so
punishable unless such owner or person proves that the offence was committed without his knowledge
and consent.
(2) Where any ship so proceeding to sea takes to sea, when on board thereof in the execution of his
duty, any officer empowered by this Act to seize and detain the ship, the owner and master shall
further each be liable, on the order of the Court trying an offence punishable under sub-section (1), to
pay all the expenses of and incidental to such officer being taken to sea, and shall further be
punishable with fine which may extend to one hundred rupees for every day until such officer returns
or until such time as would enable him after leaving the ship to return to the port from which he was
taken.
(3) Any expenses ordered to be paid under sub-section (2) may be recovered in the manner
provided in the Code of Criminal Procedure, 1898 (5 of 1898)[1] for the recovery of a fine.
**12. Power to enter dock-yards, etc.— (1) Any person empowered by this Act to seize and detain**
any ship may, at any reasonable time by day or night, enter any dock-yard, ship-yard or other place
and make inquiries respecting any ship which he has reason to believe is liable to forfeiture under this
Act, and may search such ship with a view to ascertaining whether the provisions of this Act have
been or are being duly observed in respect thereof, and every person in charge of or employed in such
place shall on request be bound to give the person so empowered all reasonable facilities for such
entry and search and for making such inquiries.
(2) The provisions of sections 101, 102 and 103 of the Code of Criminal Procedure, 1898 (5 of
1898)[2], shall apply in the case of all searches made under this section.
**13. Courts by which and conditions subject to which offences may be tried.— No Court**
inferior to that of a Presidency Magistrate or Magistrate of the first class shall proceed to the trial of
any offence punishable under this Act, and no Court shall proceed to the trial of any such offence
except on complaint made by, or under authority from, the [3][Central Government].
**14. Indemnity.— No prosecution, suit or other legal proceeding shall lie against any person for**
anything in good faith done or intended to be done under this Act.
THE SCHEDULE.—Rep. by the Indian Naval Armament (Amendment) Act, 1937 (2 of 1937), s. 6.
1. See now the Code of Criminal Procedure, 1973 (2 of 1974).
2. See now ss. 99 and 100 of the Code of Criminal Procedure, 1973 (2 of 1974).
3. Subs. by the A. O. 1937, for “L.G.”.
5
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|
2-Apr-1923 | 19 | The Official Secrets Act, 1923 | https://www.indiacode.nic.in/bitstream/123456789/2379/1/A1923-19.pdf | central | # THE OFFICIAL SECRETS ACT, 1923
____________
# ARRANGEMENT OF SECTIONS
____________
SECTIONS
1. Short title, extent and application.
2. Definitions.
3. Penalties for spying.
4. Communications with foreign agents to be evidence of commission of certain
offences.
5. Wrongful communication, etc., of information.
6. Unauthorised use of uniforms; falsification of reports, forgery, personation, and
falsedocuments.
7. Interfering with officers of the police or members of the Armed Forces of the
Union.
8. Duty of giving information as to commission of offences.
9. Attempts, incitements, etc.
10. Penalty for harbouring spies.
11. Search-warrants.
12. Provisions of section 337 of Act 5 of 1898 to apply to offences under sections 3, 5
and 7.
13. Restriction of trial of offences.
14. Exclusion of public from proceedings.
15. Offences by companies.
_16._ _[Repealed.]._
1
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# THE OFFICIAL SECRETS ACT, 1923
ACT No. 19 OF 1923[1]
An Act to consolidate and amend the law [2]*** relating to official secrets.
3* - - -
[2nd April, 1923.]
WHEREAS it is expedient that the law relating to official secrets [2]*** should be consolidated and
amended;
It is hereby enacted as follows:—
4[1. Short title, extent and application.—(1) This Act may be called the Official Secrets Act, 1923.
(2) It extends to the whole of India and applies also to servants of the Government and to citizens of
India outside India.]
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(1) any reference to a place belonging to Government includes a place occupied by any
department of the Government, whether the place is or is not actually vested in Government;
5* - - -
(2) expressions referring to commnicating or receiving include any communicating or receiving,
whether in whole or in part, and whether the sketch, plan, model, article, note, document, or
information itself or the substance, effect or description thereof only be communicated or received;
expressions referring to obtaining or retaining any sketch, plan, model, article, note or document,
include the copying or causing to be copied of the whole or any part of any sketch, plan, model,
article, note, or document; and expressions referring to the communication of any sketch, plan, model,
article, note or document include the transfer or transmission of the sketch, plan, model, article, note
or document;
(3) “document” includes part of a document;
(4) “model” includes design, pattern and specimen;
(5) “munitions of war” includes the whole or any part of any ship, submarine, aircraft, tank or
similar engine, arms and ammunition, torpedo, or mine intended or adapted for use in war, and any
other article, material, or device, whether actual or proposed, intended for such use;
1. The Act has been Extended to Berar by Act 4 of 1941; Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch., to Dadra and
Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I; to Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I and to Lakshadweep by Reg.
8 of 1965 s. 3 and Sch.
2. The words “in the Provinces” omitted by the A.O. 1950.
3. Paragraphs 1 and 2 of the Preamble omitted, ibid.
4. Subs. by Act 24 of 1967, s. 2, for section 1.
5. Clause (1A) ins. by the A.O. 1937, omitted by the A.O. 1948.
2
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(6) “office under Government” inlcudes any office or employment is or under any department of the
Government [1]***;
(7) “photograph” includes an undeveloped film or plate;
(8) “prohibited place” means—
(a) any work of defence, arsenal, naval, military or air force establishment or station,
mine, minefield, camp, ship or aircraft belonging to, or occupied by or on behalf of,
Government, any military telegraph or telephone so belonging or occupied, any wireless or
signal station or office so belonging or occupied and any factory, dockyard or other place so
belonging or occupied and used for the purpose of building, repairing, making or storing any
munitions of war, or any sketches, plans, models or documents relating thereto, or for the
purpose of getting any metals, oil or minerals of use in time of war;
(b) any place not belonging to Government where any munitions of war or any sketches,
models, plans or documents relating thereto, are being made, repaired, gotten or stores
under contract with, or with any person on behalf of, Government, or otherwise on behalf
of Government;
(c) any place belonging to or used for the purpose of Government which is for the time
being declared by the Central Government, by notification in the Official Gazette, to be a
prohibited place for the purposes of this Act on the ground that information with respect
thereto, or damage thereto, would be useful to an enemy, and to which a copy of the
notification in respect thereof has been affixed in English 'and in the vernacular of the
locality;
(d) any railway, road, way or channel, or other means of communication by land or water
(including any works or structures being part thereof or connected therewith) or any place
used for gas, water or electricity works or other works for purposes of a public character, or
any place where any munitions of war or any sketches, models, plans, or documents relating
thereto, arc being made, repaired, or stored otherwise than on behalf of Government, which is
for the time being declared by the Central Government, by notification in the Official
Gazette, to be a prohibited place for the purposes of this Act on the ground that information
with respect thereto, or the destruction of obstruction thereof, or interference therewith,
would be[-] useful to an enemy, and to which a copy of the notification in respect thereof has
been affixed in English and in the vernacular of the locality;
(9) “sketch” includes any photograph or other mode of representing any place or thing; and
2* - - -
(10) “Superintendent of Police” includes any police officer of a like or superior rank, and
any person upon whom the powers of a Superintendent of Police are for the purposes of this
Act conferred by the Central Government. [3]***
**3. Penalties for spying.—(1) If any person for any purpose prejudicial to the safety or**
interests of the State—
(a) approaches, inspects, passes over or is in the vicinity of, or enters, any prohibited
place; or
(b) makes any sketch, plan, model, or [-]note which is calculated to be or might be or
is intended to be, directly or indirectly, useful to an enemy; or
1. The words or of the Government of the United Kingdom or of any British Possession omitted by Act 24 of 1967, s. 3.
2. Clause (9A) ins. by the A.O. 1950 and omitted by Act 3 of 1951, s. 3 and the Schedule.
3. The words “or by any Local Government” omitted by the A.O. 1937.
3
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(c) obtains, collects, records or publishes or communicates to any other person any secret official
code or pass word, or any sketch, plan, model, article or note or other document or information which
is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy [1][or
which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of
India, the security of the State or friendly relations with foreign States];
he shall be punishable with imprisonment for a term which may extend, where the offence is committed
in relation to any work of defence, arsenal, naval, military or air force establishment or station, mine,
minefield, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air
force affairs of Government or in relation to any secret official code, to fourteen years and in other cases
to three years.
(2) On a prosecution for an offence punishable under this section [2]***, it shall not be necessary to
show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the
safety or interests of the State, and, notwithstanding that no such act is proved against him, he may be
convicted if, from the circumstances of the case or his conduct or his known character as proved, it
appears that his purpose was a purpose prejudicial to the safety or interests of the State; and if any sketch,
plan, model, article, note, document, or information relating to or used in any prohibited place, or relating
to any thing in such a place, or any secret official code or pass word is made, obtained, collected,
recorded, published or communicated by any person other than a person acting under lawful authority,
and from the circumstances of the case or his conduct or his known character as proved it appears that his
purpose was a purpose prejudicial to the safety or interests of the State, such sketch, plan, model, article,
note, document, [3][information, code or pass word shall be presumed to have been made], obtained,
collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of the
State.
**4. Communications with foreign agents to be evidence of commission of certain offences.—(1) In**
any proceedings against a person for an offence under section 3, the fact that he has been in
communication with, or attempted to communicate with a foreign agent, whether within or without
4[India], shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety or
interests of the State, obtained-or attempted to obtain information which is calculated to be or might be, or
is intended to be, directly or indirectly, useful to any enemy.
(2) For the purpose of this section, but without prejudice to the generality of the foregoing
provision,—
(a) a person may be presumed to have been in communication with a foreign agent if—
(i) he has, either within or without [4][India]; visited the address of a foreign agent or consorted
or associated with a foreign agent, or
(ii) either within or without [4][India], the name or address of, or any other information
regarding, a foreign agent has been found in his possession, or has been obtained by him from
any other person;
1. Ins. by Act 24 of 1967, s. 4.
2. The words with imprisonment for a term which may extend to fourteen years omitted by s. 4, ibid.
3. Subs. by s. 4, ibid., for “or information shall be presumed to have been made”.
4. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
4
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(b) the expression “foreign agent” includes any person who is or has been or in respect of whom
it appears that there are reasonable grounds for suspecting him of being or having been employed by a
foreign power, either directly or indirectly, for the purpose of committing an act, either within or
without [1][India], prejudicial to the safety or interests of the State, or who has or is reasonably
suspected of having, either within or without [1][India], committed, Or attempted to commit, such an
act in the interests of a foreign power;
(c) any address, whether within or without [1][India], in respect of which it appears that there are
reasonable grounds for suspecting it of being an address used for the receipt of communications
intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for
the purpose of giving or receiving communications, or at which he carries on any business, may be
presumed to be the address of a foreign agent, and communications addressed to such an address to
be communications with a foreign agent.
**5. Wrongful communication, etc., of information.—(1) If any person having in his possession**
or control any secret official code or pass word or any sketch, plan, model, article, note, document or
information which relates to or is used in a prohibited place or relates to anything in such a place, [2][or
which is likely to assist, directly or indirectly, an enemy or which relates to a matter the disclosure of
which is likely to affect the sovereignty and integrity of India, the security of the State or friendly
relations with foreign States or which has been made or obtained in contravention of this Act,] or
which has been entrusted in confidence to him by any person holding office under Government, or which
he has obtained or to which he has had access owing to his position as a person who holds or has held
office under Government, or as a person who holds or has held a contract made, on behalf of
Government, or as a person who is or has been employed under a person who holds or has held
such an office or contract—
(a) wilfully communicates the code or pass word, sketch, plan, model, article, note, document or
information to any person other than a person to whom he is authorised to communicate it or a Court
of Justice or a person to whom it is, in the interests of the State his duty to communicate it; or
(b) uses the information in his possession for the benefit of any foreign power or in any other
manner prejudicial to the safety of the State; or
(c) retains the sketch, plan, model, article, note or document in his possession or control
when he has no right to retain it, or when it is contrary to his duty to retain it, or wilfully fails to
comply with all directions issued by lawful authority with regard to the return or disposal
thereof; or
(d) fails to take reasonable care of, or so conducts himself as to endanger the safety of,
the sketch, plan, model, article, note, document, secret official code or pass word or
information;
he shall be guilty of an offence under this section.
(2) If any person voluntarily receives any secret official code or pass word or any sketch, plan, model,
article, note, document or information knowing or having reasonable ground to believe, at the time when
he receives it, that the code, pass word, sketch, plan, model, article, note, document or information is
communicated in contravention of this Act, he shall be guilty of an offence under this section.
(3) If any person having in his possession or control any sketch, plan, model, article, note,
document or information, which relates to munitions of war, communicates it, directly or indirectly,
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
2. Subs. by Act 24 of 1967, s. 5, for “or which has been made or obtained in contravention of this Act,”.
5
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to any foreign power or in any other manner prejudicial to the safety or interests of the State, he
shall be guilty of an offence under this section.
1[(4) A person guilty of an offence under this section shall be punishable with imprisonment for a
term which may extend to three years, or with fine, or with both.]
**6. Unauthorised use of uniforms, falsification of reports, forgery, personation, and false**
**documents.—(1) If any person for the purpose of gaining admission or of assisting any other**
person to gain admission to a prohibited place or for any other purpose prejudicial to the safety of
the State—
(a) uses or wears, without lawful authority, any naval, military, air force, police or other official
uniform, or any uniform so nearly, resembling the same as to be calculated to deceive, or falsely
represents himself to be a person who is or has been entitled to use or wear any such uniform; or
(b) orally, or in writing in any declaration or application, or in any document signed by him or on
his behalf, knowingly makes or connives at the making of any false statement or any omission; or
(c) forges, alters, or tampers with any passport or any naval, military, air force, police, or official
pass, permit, certificate, licence, or other document of a similar character (hereinafter in this section
referred to as an official document) or knowingly uses or has. in his possession any such forged,
altered, or irregular official document; or
(d) personates, or falsely represents himself to be, a person holding, or in the employment of a
person -holding, office under Government, or to be or not to be a person to whom an official
document or secret official code or pass word has been duly issued or communicated, or with intent to
obtain an official document, secret official code or pass word, whether for himself or any other
person, knowingly makes any false statement; or
(e) uses, or has in his possession or under his control, without the authority of the department of
the Government or the authority concerned, any die, seal or stamp of or belonging to, or used, made
or provided by, any department of the Government, or by any diplomatic, naval, military, or air force
authority appointed by or acting under the authority of Government, or any die, seal or stamp so
nearly resembling any such die, seal or stamp as to be calculated to deceive, or counterfeits any such
die, seal or stamp, or knowingly uses, or has in his possession or under his control, any such
counterfeited die, seal or stamp;
he shall be guilty of an offence under this section.
(2) If any person for any purpose prejudicial to the safety of the State—
(a) retains any official document, whether or not completed or issued for use, when he has no
right to retain it, or when it is contrary to his duty to retain it, or wilfully fails to comply with any
directions issued by any department of the Government or any person authorised by such department
with regard to the return or disposal thereof; or
(b) allows any other person to have possession of any official document issued for his use alone,
or communicates any secret official code or pass word so issued, or, without lawful authority or
excuse, has in his possession any official document or secret official code or pass word issued for the
use of some person other than himself, or, on obtaining possession of any official document by
findink or otherwise, wilfully fails to restore it to the person or authority by whom or for whose use it
was issued, or to a police officer; or
1. Subs. by Act 24 of 1967, s. 5, for sub-section (4) (w.e.f.10-7-1968).
6
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(c) without lawful authority or excuse, manufactures or sells, or has in his possession for sale, any
such die, seal or stamp as aforesaid;
he shall be guilty of an offence under this section.
(3) A person guilty of an offence under this section shall be punishable with imprisonment for a term
which may extend to [1][three years], or with fine, or with both.
(4) The provisions of sub-section (2) of section 3 shall apply, for the purpose of proving a purpose
prejudicial to the safety of the State, to any prosecution for an offence under this section relating to the
naval, military or air force affairs of Government, or to any secret official code in like manner as they
apply, for the purpose of proving a purpose prejudicial to the safety or interests of the State, to
prosecutions for offences punishable under that section [2]***.
**7. Interfering with officers of the police or members of the Armed Forces of**
**Union.—(1) No person in the vicinity of any prohibited place shall obstruct, knowingly mislead or**
otherwise interfere with or impede, any police officer, or any member of [3][the Armed Forces of the
Union] engaged on guard, Sentry, patrol, or other similar duty in relation to the prohibited place.
(2) If any person acts in contravention of the provisions of this section, he shall be punishable with
imprisonment which may extend to [4][three years], or with fine, or with both.
**8. Duty of giving information as to commission of offences.—(1) It shall be the duty of every**
person to give on demand to a Superintendent of Police, or other police officer not below the rank of
Inspector, empowered by an Inspector-General or Commissioner of Police in this behalf, or to any
member of [5][the Armed Forces of the Union] engaged on guard, sentry, patrol or other similar duty, any
information in his power relating to an offence or suspected offence under section 3 or under section 3
read with section 9 and, if so required, and upon tender of his reasonable expenses, to attend at such
reasonable time and place as may be specified for the purpose of furnishing such information.
(2) If any person fails to give any such information or to attend as aforesaid, he shall be punishable
with imprisonment which may extend to [6][three years], or with fine, or with both.
**9. Attempts, incitements, etc.—Any person who attempts to commit or abets the commission of an**
offence under this Act shall be punishable with the same punishment, and be liable to be proceeded
against in the same manner as if he had committed such offence.
**10. Penalty for harbouring spies.—(1) If any person knowingly harbours any person whom he**
knows or has reasonable grounds for supposing to be a person who is about to commit or who has
committed an offence under section 3 or under section 3 read with section 9 or knowingly permits to meet
or assemble in any premises in his occupation or under his control any such persons, he shall be guilty of
an offence under this section.
(2) It shall be the duty of every person having harboured any such person as aforesaid, or
# permitted to meet or assemble in any premises in his occupation or under his control any such persons as aforesaid, to give on demand to a Superintendent of Police or other police officer
1. Subs. by Act 24 of 1967, s. 6, for “two years”.
2. The words “with imprisonment for a term which may extend to fourteen years” omitted by s. 6, ibid.
3. Subs. by the A.O. 1950, for “His Majesty's Forces”.
4. Subs. by Act 24 of 1967, s. 7, for “two years”.
5. Subs. by the A. O. 1950, for “His Majesty’s Forces”.
6. Subs. by Act 24 of 1967, s. 8, for “two years”.
7
-----
not below the rank of Inspector empowered by an Inspector-General or Commissioner of Police
in this behalf, any information in his power relating to any such person or persons, and if any
person fails to give any such information, he shall be guilty of an offence under this section.
(3) A person guilty of an offence under this section shall be punishable with imprisonment for a term
which may extend to [1][three years], or with fine, or with both.
**11. Search-warrants.—(1) If a Presidency Magistrate, Magistrate of the first class of Sub-**
divisional Magistrate is satisfied by information on oath that there is reasonable ground for
suspecting that an offence under this Act has been or is about to be committed, he may grant a
search-warrant authorising any police officer named therein, not being below the rank of an
officer in charge of a police station, to enter at any time any premises or place named in the
warrant, if necessary, by force, and to search the premises or place and every person found
therein, and to seize any sketch, plan, model, article, note or document, or anything of a like
nature, or anything which is evidence of an offence under this Act having been or being about to
be committed which he may find on the premises or place or any such person, and with regard
to or in connection with which he has reasonable ground for suspecting that an offence under
this Act has been or is about to be committed.
(2) Where it appears to a police officer, not being below the rank of Superintendent, that the
case is one of great emergency, and that in the interests of the State immediate action is
necessary, he may by a written order under his hand give to any police officer the like authority
as[-] may be given by the warrant of a Magistrate under this section.
(3) Where action has been taken by a police officer under sub-section (2) he shall, as soon as may be,
report such action, in a Presidency-town to the Chief Presidency Magistrate, and outside such town to the
District or Sub-divisional Magistrate.
2[12. Provisions of section 337 of Act 5 of 1898 to apply to offences under sections 3, 5 and 7.—
The provisions of section 337 of the Code of Criminal Procedure, 1898[3] shall apply in relation to an
offence punishable under section 3 or under section 5 or under section 7 or under any of the
said sections 3, 5 and 7 read with section 9, as they apply in relation to an offence punishable
with imprisonment for a term which may extend to seven years.]
**13. Restriction on trial of offences.—(1) No Court (other than that of a Magistrate of the**
first class specially empowered in this behalf by the [4] [appropriate Government] which is
inferior to that of a District or Presidency Magistrate shall try any offence under this Act.
(2) If any person under trial before a Magistrate for an offence under this Act at any time
before a charge is framed claims to be tried by the Court of Session, the Magistrate shall, if he
does not discharge the accused, commit the case for trial by that Court, notwithstanding that it is
not a case exclusively triable by that Court.
(3) No Court shall take cognizance of any offence under this Act unless upon complaint made
by order of, or under authority from, the [5] [appropriate Government] [6] *** or some officer
empowered by the [4][appropriate Government] in this behalf.
7* - - -
1. Subs. by Act 24 of 1967, s. 9, for “one year”.
2. Subs. by s. 10, ibid., for section 12.
3. See now the Code of Criminal Procedure, 1973 (2 of 1974), s. 306.
4. Subs. by the A.O. 1937, for “Local Government”.
5. Subs. ibid., for “Governor-General in Council”.
6. The words “the Local Government” omitted, ibid.
7. The proviso omitted by Act 24 of 1967, s. 11.
8
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(4) For the purposes of the trial of a person for an offence under this Act, the offence
may be deemed to have been committed either at the place in which the same actually wa s
committed or at any place in [1][India] in which the offender may be found.
2[(5) In this section, the “appropriate Government” means—
(a) in relation to any offences under section 5 not connected with a prohibited place or with a
foreign power, the State Government; and
(b) in relation to any other offence, the Central Government.]
**14. Exclusion of public from proceedings.—In addition and without prejudice to any**
powers which a Court may possess to order the exclusion of the public from any proceedings if,
in the course of proceedings before a Court against any person for an offence under this Act or
the proceedings on appeal, or in the course of the trial of a person under this Act, application is
made by the prosecution, on the ground that the publication of any evidence to be given or of
any statement to be made in the course of the proceedings would be prejudicial to the safety of
the State, that all or any portion of the public shall be excluded during any part of the hearing,
the Court may make an order to that effect, but the passing of sentence shall in any case take
place in public.
**3[15. Offences by companies.—(1) If the person committing an offence under this Act is a**
company, every person who, at the time the offence was committed, was in charge of, and was
responsible to, the company for the conduct of business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to
such punishment provided in this Act if he proves that the offence was committed without his
knowledge or that he exercied all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act
has been committed by a company and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any negligence on the part of, any director,
manager, secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
_Explanation.—For the purposes of this section,—_
(a) “company” means a body corporate and includes a firm or other association of individual; and
(b) “director”, in relation to a firm, means a partner in the firm.]
**16. [Repeals.] Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Sch.**
___________
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
2. Ins. by the A.O. 1937.
3. Subs. by Act 24 of 1967, s. 12, for section 15.
9
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|
5-Aug-1923 | 42 | The Mussalman Wakf Act, 1923 | https://www.indiacode.nic.in/bitstream/123456789/19245/1/a1923-42.pdf | central | # THE MUSSALMAN WAKF ACT, 1923
_________
ARRANGEMENT OF SECTIONS
________
SECTIONS.
_Preliminary_
[1. Short title, extent and commencement.](https://www.scconline.com/Members/BrowseResult.aspx#FS001)
[2. Definitions.](https://www.scconline.com/Members/BrowseResult.aspx#FS002)
_Statements of Particulars_
[3. Obligation to furnish particulars relating to wakf.](https://www.scconline.com/Members/BrowseResult.aspx#FS003)
[4. Publication of particulars and requisition of further particulars.](https://www.scconline.com/Members/BrowseResult.aspx#FS004)
_Statements of Accounts_ _and Audits._
[5. Statement of accounts.](https://www.scconline.com/Members/BrowseResult.aspx#FS005)
[6. Audit of account.](https://www.scconline.com/Members/BrowseResult.aspx#FS006)
_General Provisions._
[7. Mutawalli entitled to pay cost of audit, etc., from wakf funds.](https://www.scconline.com/Members/BrowseResult.aspx#FS007)
[8. Verification.](https://www.scconline.com/Members/BrowseResult.aspx#FS008)
[9. Inspection and copies.](https://www.scconline.com/Members/BrowseResult.aspx#FS009)
_Penalty._
[10. Penalties.](https://www.scconline.com/Members/BrowseResult.aspx#FS010)
_Rules._
[11. Power to make rules.](https://www.scconline.com/Members/BrowseResult.aspx#FS011)
[12. Savings.](https://www.scconline.com/Members/BrowseResult.aspx#FS012)
[13. Exemption.](https://www.scconline.com/Members/BrowseResult.aspx#FS013)
1
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# THE MUSSALMAN WAKF ACT, 1923*
ACT NO. 42 OF 1923[1]
[5[th] August, 1923.]
# An Act to make provision for the better management of wakf property and for ensuring the
keeping and publication of proper accounts in respect of such properties
WHEAREAS it is expedient to make provision for the better management of wakf property and for
ensuring the keeping and publication of proper accounts in respect of such properties;
It is hereby enacted as follows—
_Preliminary_
**1. Short title, extent and commencement.—(1) This Act may be called the Mussalman Wakf**
Act, 1923;
2[(2) It extends to the whole of India except 3[the territories which immediately before the 1st
November, 1956, were comprised in Part B States].]
(3) This section shall come into force at once; and.
(4) The State Government may, by notification in the Official Gazette, direct[4] that the remaining
provisions of this Act, or any of them which it may specify, shall come into force in the State, or any
specified part thereof, on such date as it may appoint in this behalf.
**[2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—](https://www.scconline.com/Members/BrowseResult.aspx#BS002)**
(a) “benefit” does not include any benefit which a mutwalli is entitled to claim solely by reason of
his being such mutwalli;
1. This Act has been repealed in its application to Bengal by the Bengal Wakf Act, 1934 (Bengal 13 of 1934), section 82;
and repealed in part in the United Provinces by the United Provinces Muslim Wakf Act, 1936 (U.P. 13 of 1936); and
amended in its application to—
Bihar and Orissa by the Bihar and Orissa Mussalman Wakf (Amendment) Act, 1926 (B. & O., 1 of 1926); and
Bombay by the Mussalman Wakf, (Bombay Amendment) Act, 1935 (Bombay 18 of 1935); the Mussalman Wakf, Bombay
Public Trusts Registration and Parsi Public Trusts Registration (Amendment) Act, 1944 (Bombay 10 of 1944) and the
Mussalman Wakf (Bombay Amendment) Act, 1945 (Bombay 15 of 1945).
2. Subs. by the A.O. 1950 for the former sub-section.
3. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part B States”.
4. Sections 2 to 5 and 7 to 13 were brought into force in the Punjab with effect from 14-5-1924, see Punjab Gazette, 1924,
Part I, p. 418.
Sections 2 to 13 were brought into force in the Presidency of Bombay from 1-6-1925, see Bombay Government Gazette,
1925, Part I, p. 1414.
All provisions of the Act were brought into force in Bihar and Orissa from 3-9-1925, see B & O. Gazette, 1925, Part II,
p. 1192.
Sections 2 to 13 were brought into force in the Presidency of Bengal with certain modifications from 1-6-1927, see Calcutta
Gazette, Part I, p. 1008.
Sections 2 to 13 were brought into force in Ajmer-Merwara from 1-2-1928, see Gazette of India, 1928, Part II-A, p. 20.
- This Act shall not apply to any Wakf to which the Wakf Act, 1954 (29 of 1954) applies. Now Wakf Act, 1954 (29 of 1954) is
repealed by the Waqf Act, 1995 (43 of 1995) (w.e.f. 1-1-1996).
2
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(b) “Court” means the Court of the District Judge or, within the limits of the ordinary original civil
jurisdiction of a High Court, such Court, subordinate to the High Court, as the State Government may,
by notification in the Official Gazette, designate in this behalf;
(c) “Mutwalli” means any person appointed either verbally or under any deed or instrument by
which a wakf has been created or by a Court of competent jurisdiction to be the mutwalli of a wakf,
and includes a naib-mutwalli or other person appointed by a mutwalli to perform the duties of the
mutwalli, and, save as otherwise provided in this Act, any person who is for the time being
administering any wakf property;
(d) “prescribed” means prescribed by rules made under this Act; and
(e) “wakf” means the permanent dedication by a person professing the Mussalman faith of any
property for any purpose recognised by the Mussalman law as religious, pious or charitable, but does
not include any wakf, such as is described in section 3 of the Mussalman Wakf Validating Act, 1913
(6 of 1913), under which any benefit is for the time being claimable for himself by the person by
whom the wakf was created or by any of his family or descendants.
_Statements of Particulars_
**3. Obligation to furnish particulars relating to wakf.—(1) Within six months from the**
commencement of this Act every mutwalli shall furnish to the Court within the local limits of whose
jurisdiction the property of the wakf of which he is the mutwalli is situated or to any one of two more
such Courts, a statement containing the following particulars, namely—
(a) a description of the wakf property sufficient for the identification thereof;
(b) the gross annual income from such property;
(c) the gross amount of such income which has been collected during the five years preceding the
date on which the statement is furnished, or of the period which has elapsed since the creation of the
wakf, whichever period is shorter;
(d) the amount of Government revenue and cesses, and of all rents, annually payable in respect of
the wakf property;
(e) an estimate of the expenses annually incurred in the realisation of the income of the wakf
property, based on such details as are available of any such expenses incurred within the period to
which the particulars under clause (c) relate;
(f) the amount set apart under the wakf for—
(i) the salary of the mutwalli and allowances to individuals;
(ii) purely religious purposes;
(iii) charitable purposes;
(iv) any other purposes; and
(g) any other particulars which may be prescribed.
(2) Every such statement shall be accompanied by a copy of the deed or instrument creating the wakf
or, if no such deed or instrument has been executed or a copy thereof cannot be obtained shall contain full
particulars, as far as they are known to the mutwalli, of the origin, nature and objects of the wakf.
3
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(3) Where—
(a) a wakf is created after the commencement of this Act, or
(b) in the case of a wakf such as is described in section 3 of the Wakf Validation Act, 1913 (6 of
1913) the person creating the wakf or any member of his family or any of his descendants is
at the commencement of this Act alive and entitled to claim any benefit thereunder,
the statement referred to in sub-section (1) shall be furnished, in the case referred to in clause (a), within
six months of the date on which the wakf is created or, if it has been created by a written document, of the
date on which such document is executed, or, in the case referred to in clause (b), within six months of the
date of the death of the person entitled to such benefit as aforesaid, or of the last survivor of any such
persons, as the case may be.
**4. Publication of particulars and requisition of further particulars.—(1) When any statement has**
been furnished under section 3, the court shall cause notice of the furnishing thereof to be affixed in some
conspicuous place in the Court-house and to be published in such other manner, if any, as may be
prescribed, and thereafter any person may apply to the Court by a petition in writing, accompanied by the
prescribed fee, for the issue of an order requiring the mutwalli to furnish further particulars or documents.
(2) On such application being made, the Court may, after making such inquiry, if any, as it thinks fir,
if it is of opinion that any further particulars or documents are necessary in order that full information
may be obtained regarding the origin, nature or objects of the wakf or the condition or management of the
wakf property, cause to be served on the muttwalli an order requiring him to furnish such particulars or
documents within such time as the Court may direct in the order.
_Statement of Accounts_ _and Audit_
**[5. Statement of accounts.—Within three months after the thirty-first day of March next following the](https://www.scconline.com/Members/BrowseResult.aspx#BS005)**
date on which the statement referred to in section 3 has been furnished and thereafter within three months
of the thirty-first day of March in every year, every mutwalli shall prepare and furnish to the Court to
which such statement was furnished a full and true statement of accounts, in such form and containing
such particulars as may be prescribed, of all moneys received or expended by him on behalf of the wakf
of which he is the mutwalli during the period of twelve months ending on such thirty-first day of March
or, as the case may be, during that portion of the said period during which the provisions of this Act have
been applicable to the wakf:
Provided that the Court may, if it is satisfied that there is sufficient cause for so doing, extend the time
allowed for the furnishing of any statement of accounts under this section.
**[6. Audit of account.—Every statement of accounts shall, before it is furnished to the Court under](https://www.scconline.com/Members/BrowseResult.aspx#BS006)**
section 5, be audited—
(a) in the case a wakf the gross income of which during the year in question, after deduction of the
land revenue and cesses, if any, payable to the Government, exceeds two thousand rupees, by a person
who is the holder of a certificate granted by the [1][Central Government] under section 144 of the
2Indian Companies Act, 1913 (7 of 1913), or is a member of any institution or association the
members of which have been declared under that section to be entitled to act as auditors of companies
throughout the [3][territories to which this Act applies]; or
1. Subs. by the A.O. 1937 for “L.G.”
2. The relevant provisions of the Companies Act, 1956 (1 of 1956) may now be referred to.
3. Subs. by the A.O 1950 for “Provinces”.
4
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(b) in the case of any other wakf, by any person authorised in this behalf by general or special order
of the said Court.[1]
_General Provisions_
**[7. Mutawalli entitled to pay cost of audit, etc., from wakf funds.—Notwithstanding any thing](https://www.scconline.com/Members/BrowseResult.aspx#BS007)**
contained in the deed or instrument creating any wakf, every mutawalli may pay from the income of the
wakf property any expenses properly incurred by him for the purpose of enabling him to furnish any
particulars, documents or copies under section 3 or section 4 or in respect of the preparation or audit of
the annual accounts for the purposes of this Act.
**[8. Verification.—Every statement of particulars furnished under section 3 or section 4, and every](https://www.scconline.com/Members/BrowseResult.aspx#BS008)**
statement of accounts furnished under Section 5, shall be written in the language of the Court to which it
is furnished, and shall be verified in the manner provided in the Code of Civil Procedure, 1908 (5 of
1908), for the signing and verification of pleadings.
**[9. Inspection and copies.—Any person shall, with the permission of the Court and on payment of the](https://www.scconline.com/Members/BrowseResult.aspx#BS009)**
prescribed fee, at any time at which the Court is open, be entitled to inspect in the prescribed manner, or
to obtain a copy of, any statement of particulars or any document furnished to the Court under section 3 or
section 4, or any statement of accounts furnished to it under Section 5, or any audit report made on an
audit under Section 6.[2]
_Penalty_
**[10. Penalties.—Any person who is required by or under section 3 or section 4 to furnish a statement](https://www.scconline.com/Members/BrowseResult.aspx#BS010)**
of particulars or any document relating to a wakf, or who is required by Section 5 to furnish a statement
of accounts, shall, if he, without reasonable cause the burden of proving which shall lie upon him fails to
furnish such statement or document, as the case may be, in due time, or furnishes a statement which he
knows or has reason to believe to be false, misleading or untrue in any material particular, or, in the case
of a statement of account, furnishes a statement which has not been audited in the manner required by
Section 6, be punishable with fine which may extend to five hundred rupees, or, in the case of a second or
subsequent offence, with fine which may extend to two thousand rupees[3].
_Rules_
**[11. Power to make rules.—(1) The State Government may, after previous publication, by notification](https://www.scconline.com/Members/BrowseResult.aspx#BS011)**
in the Official Gazette, make rules to carry into effect the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely—
(a) the additional particulars to be furnished by mutawallis under clause (g) of sub-section (1) of
section 3;
(b) the fees to be charged upon applications made to a Court under sub-section (1) of section 4;
(c) the form in which the statement of accounts referred to in section 5 shall be furnished, and the
particulars which shall be contained therein;
(d) the powers which may be exercised by auditors for the purpose of any audit referred to in
section 6, and the particulars to be contained in the reports of such auditors;
1. In the application of the Act to Bombay, new ss. 6A to 6Q have been ins. by the Mussalman Wakf (Bombay Amendment)
Act, 1935 (Bombay 18 of 1935), S. 5.
2. In the application of the Act to Bombay, a new s. 9A has been ins. by S. 11, ibid.
3. In the application of the Act to Bombay new ss. 10A to 10D have been ins. by the Mussalman Wakf (Bombay
Amendment) Act, 1935 (Bom. 18 of 1935) S. 13.
5
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(e) the fees respectively chargeable on account of the allowing of inspections and of the supply of
copies under section 9;
(f) the safe custody of statements, audit reports and copies of deeds or instruments furnished to
Courts under this Act; and
(g) any other matter which is to be or may be prescribed.
1[(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it
is made, before the State Legislature.]
**[12. Savings.—Nothing in this Act shall—](https://www.scconline.com/Members/BrowseResult.aspx#BS012)**
(a) affect any other enactment for the time being in force in the [2][territories to which this Act
applies] providing for the control or supervision of religious or charitable endowments; or
(b) apply in the case of any wakf the property of which—
(i) is being administered by the Treasurer of Charitable Endowments, the Administrator
General, or the Official Trustee; or
(ii) is being administered either by a receiver appointed by any Court of competent
jurisdiction, or under a scheme for the administration of the wakf which has been settled or
approved by any Court of competent jurisdiction or by any other authority acting under the
provisions of any enactment.
**[13. Exemption.—The State Government may, by notification in the Official Gazette, exempt from](https://www.scconline.com/Members/BrowseResult.aspx#BS013)**
the operation of this Act or of any specified provision thereof any wakf or wakfs created or administered
for the benefit of any specified section of the Mussalman community.
———
1. Ins. by Act 4 of 2005, s. 2 and Sch. (w.e.f. 11-1-2005).
2. Subs. by the A.O. 1950 for “Provinces”.
6
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|
26-Feb-1925 | 04 | The Indian Soldiers (Litigation) Act, 1925 | https://www.indiacode.nic.in/bitstream/123456789/2381/1/A1925-04.pdf | central | # THE INDIAN SOLDIERS (LITIGATION) ACT, 1925
**(Modified as on – 19[th] November, 2018)**
# _______
ARRANGEMENT OF SECTIONS
_______
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Circumstances in which an Indian soldier shall be deemed to be serving under special conditions.
4. Particulars to be furnished in plaints, applications or appeals to Court.
5. Power of Collector to intervene in case of unrepresented Indian soldier.
6. Notice to be given in case of unrepresented Indian soldier.
7. Postponement of proceedings.
8. Court may proceed when no certificate received.
9. Postponement of proceedings against Indian soldier on leave.
10. Power to set aside decrees and orders, passed against an Indian soldier serving under war or
special conditions.
11. Modification of law of limitation where Indian soldier or his legal representative is a party.
12. Power of Court to refer questions to prescribed authorities.
13. Rule making power.
14. Power to apply the provisions of the Act to other persons in the service of the Government.
14A. [Repealed.].
15. [Repealed.].
-----
# THE INDIAN SOLDIERS (LITIGATION) ACT, 1925
ACT NO. 4 OF 1925[1]
[26th February, 1925.]
# An Act to consolidate and amend the law to provide for the special protection in respect of civil
and revenue litigation of Indian soldiers serving under special conditions.
WHEREAS it is expedient to consolidate and amend the law to provide for the special protection in
respect of civil and revenue litigation of Indian soldiers serving under special conditions; It is hereby
enacted as follows: —
**1. Short title, extent and commencement.—(1) This Act may be called the Indian Soldiers**
(Litigation) Act, 1925.
2 [(2) It extends to the whole of India 3***.]
(3) It shall come into force on the first day of April, 1925.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context, —**
4[(a) “Court” means a Court other than a Criminal Court and includes any such tribunal or other
authority as may be specified by the Central Government by notification in the Official Gazette being
a tribunal or authority which is empowered by law to receive evidence on any matter pending before
it and on the basis of such evidence to determine, after hearing the parties before it, the rights and
obligations of the parties in relation to such matter;]
(b) “Indian soldier” means any person subject to [5][the Army Act, 1950 (46 of 1950), or the Air
Force Act, 1950 (45 of 1950)] [6][, or the Navy Act, 1957 (62 of 1957)];
(c) “prescribed” means prescribed by rules made under this Act; and
(d) “proceeding” includes any suit, appeal or application;
6[(e) any reference to a decree or order of a Court shall be deemed to include a reference to a
judgment, determination or award of a Court.]
**3. Circumstances in which an Indian soldier shall be deemed to be serving under special**
**conditions.—For the purposes of this. Act, an Indian soldier shall be deemed to be or, as the case may be,**
to have been serving—
(a) under special conditions—when he is or has been serving under war conditions, or overseas,
or at any place [7][beyond India] [8][or at any such place within India as may be specified by the Central
Government by notification in the Official Gazette];
(b) under war conditions—when he is or has been, at any time during the continuance of any
hostilities declared by the Central Government by notification in the Official Gazette to constitute a
state of war for the purposes of this Act or at any time during a period of six months thereafter,—
(i) serving out of India,
1. The Act has been extended to, —
(1) Pondicherry.
(2) Dadra.
(3) Whole of the Union Territory of Lakshadweep and
(4) Union Territory of Goa, Daman & Diu.
2. Subs. by A.O. 1950 for sub-section (2).
3. The words “except the State of Jammu and Kashmir” omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956).
4. Subs. by Act 23 of 1970, s. 2, for cl. (a) (w.e.f. 29-5-1970).
5. Subs. by Act 3 of 1951, s. 3 and the Schedule., for certain words.
6. Ins. by Act 23 of 1970, s. 2. (w.e.f. 29-5-1970).
7. Subs. by the A.O. 1950, for certain words.
8. Ins. by Act 23 of 1970, s. 3.
-----
(ii) under orders to proceed on field service,
(iii) serving with any unit which is for the time being mobilised, or
(iv) serving under conditions which, in the opinion of the prescribed authority, preclude him
from obtaining leave of absence to enable him to attend a Court as a party to any proceeding, or
when he is or has been at any other time serving under conditions service under which has been
declared by the Central Government by notification in the Official Gazette to be service under
war conditions; and
1[(c) overseas—when he is or has been serving in any place outside India (other than Ceylon) the
journey between which and [2][India] is ordinarily undertaken wholly or in part by sea.
3[Explanation.—For the purposes of this section and with effect from the 3rd day of September, 1939,
1939, a soldier who is or has been a prisoner of war shall be deemed to be or to have been serving under
war conditions.]
**4. Particulars to be furnished in plaints, applications or appeals to Court.—If any person**
presenting any plaint, application or appeal to any Court has reason to believe that any adverse party is an
Indian soldier who is serving under special conditions, he shall state the fact in his plaint, application or
appeal.
**5. Power of Collector to intervene in case of unrepresented Indian soldier.—If any Collector has**
reason to believe that any Indian soldier, who ordinarily resides or has property in his district and who is a
party to any proceeding pending before any Court, is unable to appear therein, the Collector may certify
the facts in the prescribed manner to the Court.
**6. Notice to be given in case of unrepresented Indian soldier.— [4][(1)] If a Collector has certified**
under section 5, or if the Court has reason to believe, that an Indian soldier, who is a party to any
proceeding pending before it, is unable to appear therein, and if the soldier is not represented by any
person duly authorised to appear, plead or act on his behalf, the Court shall suspend the proceeding, and
shall give notice thereof in the prescribed manner to the prescribed authority:
Provided that the Court may refrain from suspending the proceeding and issuing the notice if—
(a) the proceeding is a suit, appeal or application instituted or made by the soldier, alone or
conjointly with others with the object of enforcing a right of pre-emption, or
(b) the interests of the soldier in the proceeding are, in the opinion of the Court, either identical
with those of any other party to the proceeding and adequately represented by such other party or
merely of a formal nature.
5[(2) If it appears to the Court before which any proceeding is pending that an Indian soldier though
not a party to the proceeding is materially concerned in the outcome of the proceeding and that his
interests are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding and
shall give notice thereof in the prescribed manner to the prescribed authority.]
**7. Postponement of proceedings.— If, on receipt of a notice under section 6, the prescribed**
authority certifies in the prescribed manner to the Court in which the proceeding is pending that the
soldier in respect of whom the notice was given is serving under special conditions, and that a
postponement of the proceeding in respect of the soldier is necessary, in the interests of justice, the Court
shall thereupon postpone the proceeding in respect of the soldier for the prescribed period, or, if no period
has been prescribed, for such period as it thinks fit.
**8. Court may proceed when no certificate received.— If, after issue of a notice under section 6, the**
prescribed authority either certifies that the soldier is not serving under special conditions or that such
1. Subs. by the A.O. 1937, for clause (c).
2. Subs. by the A.O. 1948, for “British India”.
3. Ins. by Ordinance 64 of 1942, s. 2.
4. S. 6 renumbered as sub-section (1) of that section by s. 3, ibid.
5. Ins. by s.3, ibid.
-----
postponement is not necessary, or fails to certify, in the case of a soldier resident in the district in which
the Court is situate within two months or, in any other case, within three months from the date of the issue
of the notice that such postponement is necessary, the Court may, if it thinks fit, continue the proceeding.
**9. Postponement of proceedings against Indian soldier on leave.— When any document**
purporting to be signed by the Commanding Officer of an Indian soldier who is a party to any proceeding
is produced by or on behalf of the soldier before the Court in which the proceeding is pending and is to
the effect that the soldier—
(a) is on leave of absence for a period not exceeding two months, and is on the expiration of his
leave to proceed on service under special conditions, or
(b) is on sick leave for a period not exceeding three months, and is on the expiration of his leave
to rejoin his unit with a view to proceeding on service under special conditions,
the proceeding in respect of such soldier may, in any case such as is referred to in the proviso to
1[sub-section (1) of section 6] and shall, in any other case, be postponed in the manner provided in
section 7.
**10. Power to set aside decrees and orders, passed against an Indian soldier serving under war or**
**special conditions.—(1) In any proceeding before a Court in which a decree or order has been passed**
against any Indian soldier [2]*** whilst he was serving under any special conditions, the soldier [3][or, if he
is dead, his legal representative] may apply to the Court which passed the decree or order for an order to
set aside the same, and, if the Court, after giving an opportunity to the opposite party of being heard, is
satisfied that the interests of justice require that the decree or order should be set aside as against the
soldier, the Court shall, subject to such conditions, if any, as it thinks fit to impose, make an order
accordingly.
4[(2) The period of limitation for an application under sub-section (1) shall be ninety days from the
date of the decree or order, or, where the summons or notice was not duly served on the soldier in the
proceeding in which the decree or order was passed, from the date on which the applicant had knowledge
of the decree or order; and the provisions of section 5 of the Indian Limitation Act, 1908
(9 of 1908) shall apply to such applications.]
(3) When the decree or order in respect of which an application under sub-section (1) is made is of
such a nature that it cannot be set aside as against the soldier only, it may be set aside as against all or any
of the parties against whom it has been made.
(4) Where a Court sets aside a decree or order under this section, it shall appoint a day for proceeding
with the suit, appeal or application, as the case may be.
5[11. Modification of law of limitation where Indian soldier or his legal representative is a
**party.—In computing the period of limitation prescribed by sub-section (2) of section 10 of this Act, the**
Indian Limitation Act, 1908 (9 of 1908) or any other law for the time being in force, for any suit, appeal
or application to a court, any party to which is or has been an Indian soldier, or is the legal representative
of an Indian soldier, the period during which the soldier has been serving under any special conditions,
and, if the soldier has died while so serving, the period from the date of his death to the date on which
official intimation thereof was sent to his next-of-kin by the authorities in India, shall be excluded:
Provided that this section shall not apply in the case of any suit, appeal or application instituted or
made with the object of enforcing a right of pre-emption [6][ [7][except where the said right accrues in such
circumstances, and is in respect of agricultural land and village immovable property situated in any such
area] as the Central Government may, by notification in the official Gazette, specify in this behalf].
1. Subs. by Ordinance 64 of 1942, s. 4, for “section 6”.
2. Certain words omitted by s. 5, ibid.
3. Ins. by s. 5, ibid.
4. Subs. by s. 5, ibid., for sub-section (2).
5. Subs. by s. 6, for s. 11.
6. Added by Ordinance 14 of 1944, s. 2.
7. Subs. by Act 18 of 1946, s. 2, for certain words.
-----
1[12. Power of Court to refer questions to prescribed authorities.— If any Court is in doubt
whether, for the purposes of section 10 or section 11, an Indian soldier is or was at any particular time
serving under special conditions, or has died while so serving, or as to the date of such death or as to the
date on which official intimation of such death was sent to his next-of-kin by the authorities in India, the
Court may refer the point for the decision of the prescribed authority, and the certificate of that authority
shall be conclusive evidence on the point.]
**13. Rule making power. —** [2][(1)] The [3][Central Government] [4]*** may, by notification in the
Official Gazette make ruless to provide for all or any of the following matters, namely:—
(a) the manner and form in which any notice or certificate under this Act shall be given;
(b) the period for which proceedings or any class of proceedings shall be postponed under
section 7;
(c) the persons who shall be the prescribed authorities for the purposes of this Act;
(d) any other matter which is to be or may be prescribed; and
(e) generally, any matters incidental to the purposes of this Act.
5[ (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
**14. Power to apply the provisions of the Act to other persons in the service of the**
**Government. —[6][(1)] [7][As respects the State Public Services, the State Government, and in other cases,**
the Central Government] may, by notification in the Official Gazette, direct that all or any of the
provisions of this Act shall apply to any other class of persons in the service of Government specified in
such notification in the same, manner as they apply to Indian soldiers,
8[(2) Where, under this section, the State Government has directed that all or any of the provisions of
this Act shall apply to any class of persons in the service of Government, the powers vested in the Central
Government by section 3 and section 13 shall be exercised in respect of that class of persons by the
State Government.]
**14A. [Power to apply the provisions of the Act to members of the forces maintained by any Part B**
_State.] Rep. by the Adaptation of Laws (No. 3) Order, 1956._
**15. [Repeal of Acts IX of 1918 and XII of 1924.] Rep. by the Repealing Act, 1927 (12 of 1927), s. 2**
_and the Sch._
______
1. Subs. by Ordinance 64 of 1942, s. 7.
2. S. 13 re-numbered as sub-section (1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
3. Subs. by A.O. 1937, for “L.G.”.
4. The words “after consulting the High Court concerned” omitted by Act 23 of 1970, s. 4.
5. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
6. S. 14 renumbered as sub-section (1) of the section by Ordinance 64 of 1942, s. 8.
7. Subs. by the A.O. 1937, for “The G.G. in C.”.
8. Ins. by Ordinance 64 of 1942, s. 8.
-----
|
27-Aug-1925 | 19 | The Provident Funds Act, 1925 | https://www.indiacode.nic.in/bitstream/123456789/2383/1/A1925-19.pdf | central | # THE PROVIDENT FUNDS ACT, 1925
_______
ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Protection of compulsory deposits.
4. Provisions regarding re-payments.
5. Rights of nominees.
6. Power to make deductions.
6A. Withholding or recovery of Government contributions in case of Central Government
officers taking up, without prior permission, commercial employment within two years of
their retirement.
7. Protection for acts done in good faith.
8. Power to apply the Act to other Provident Funds.
9. Savings as to estates of soldiers.
10. [Repealed.].
THE SCHEDULE.
1
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# THE PROVIDENT FUNDS ACT, 1925
ACTNO. 19 OF 1925[1]
[27th August, 1925.]
# An Act to amend and consolidate the law relating to Government and other Provident Funds.
WHEARES it is expedient to amend and consolidate the law relating to Government and other
Provident Funds;
It is hereby enacted as follows:—
**1. Short title, extent and commencement.—(1) This Act may be called the Provident Funds**
Act, 1925.
(2) It extends to the whole of India [2][except the State of Jammu and Kashmir*] [3]***.
(3) It shall come into force on such date[4] as the Central Government may, by notification in the
Official Gazette, appoint.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or**
context,—
(a) “compulsory deposit” means a subscription to, or deposit in, a Provident Fund which,
under the rules of the Fund, is not, until the happening of some specified contingency,
repayable on demand otherwise than for the purpose of the payment of, premia in respect of a
policy of life insurance, [5][or the payment of subscriptions or premia in respect of a family
pension fund], and includes any contribution [6]*** and any interest or increment which has
accrued under the rules of the fund on any such subscription, deposit or contribution, and
also any such subscription, deposit, contribution, interest or increment remaining to the credit
of the subscriber or depositor after the happening of any such contingency;
(b) “contribution” means any amount credited in a Provident Fund, by [7][any authority
administering the Fund], by way of addition to, [8][a subscription to, or deposit or balance
at the credit of an individual account in,] the Fund; and “contributory Provident Fund”
means a Provident Fund the rules of which provide for the crediting of contributions;
(c) “dependant” means any of the following relatives of [-]a deceased subscriber to, or a
depositor in, a Provident Fund, namely, a wife, husband, parent, child, minor brother,
unmarried sister and a deceased son's widow and child, and, where no parent of the
subscriber or depositor is alive, a paternal grand-parent;
(d) “Government Provident Fund” means a Provident Fund, other than a
Railway Provident Fund, constituted by the authority of [9] [the Secretary of State, the
Central Government, the Crown Representative or any State Government] for any class or
1. This Act has been declared to be in force in—the district of Khondmals by Regulation 4 of 1936, s. 3 and Sch.; and the
district of Angul by Regulation 5 of 1936, s. 3 and Sch., also partially extended to Berar by C.P. and Berar Act 4 of 1941;
amended partially in U.P. by U.P. Act 19 of 1953.
The Act has been extended to Goa, Daman and Diu by Regulation 12 of 1962, s. 3 and Sch.; to Pondicherry (w.e.f. 1-101963) by Regulation 7 of 1963, s. 3 and Sch. I, to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Regulation 6 of 1963, s. 2
and Sch.I and to Laccadive, Minicoy and Amindivi Islands (w.e.f. 1-10-1967) by Regulation 8 of 1965, s. 3 and Sch.
2. Subs. by Act 3 of 1851, s. 3 and Schedule, for “except Part B States”.
3. The words “including British Baluchistan” omitted by the A.O. 1948.
4. 1st April, 1926, Gazette of India, 1925, Pt. I, p. 1182.
5. Ins. by Act 1 of 1930, s. 2.
6. The words “credited in respect of any such subscription or deposit” omitted by s. 2, ibid.
7. Subs. by Act 28 of 1925, s. 2, for “the authority by which the Fund has been constituted”.
8. Subs. by Act 1 of 1930, s. 2, for “or otherwise in respect of, a subscription to, or deposit in,”.
9. Subs. by the A.O. 1937, for “the Government”.
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
2
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classes of [1] [persons in the service of the Government] or [2] [of persons employed in
educational institutions or employed by bodies existing solely for educational purposes],
3[and references in this Act to the Government shall be construed accordingly];
(e)“Provident Fund” means a fund in which subscriptions or deposits of any class or
classes of employees are received and held on their individual accounts, and includes any
contributions [4]*** and any interest or increment accruing on such subscriptions, deposits or
contributions under the rules of the Fund;
5[(f) “Railway administration” means—
(i) any company administering a railway or tramway in [6][any part of India] either
under a special Act of Parliament [7][of the United Kingdom] or an Indian law, or under
under contract with the Government, or
(ii)the manager of any railway or tramway administered by the Central Government] or by a
State Government,
and includes, in any case referred to in sub-clause (ii) the [8][Central Government] or the. State
Government, as the case may be;]
(g) “Railway Provident Fund” means a Provident Fund constituted by the authority of a rail
Way administration for any class or classes of its employees.
**3. Protection of compulsory deposits.—(1) A compulsory deposit in any Government or**
Railway Provident Fund shall not in any way be capable of being assigned or charged and shall
not be liable to attachment under any decree or order of any Civil, Revenue or Criminal Court in
respect of any debt or liability incurred by the subscriber or depositor, and neither the Official
Assignee _nor_ any receiver appointed under the Provincial Insolvency Act, 1920 (5 of 1920),
shall be entitled to, or have any claim on, any such compulsory deposit.
(2)Any sum standing to the credit of any subscriber to, or depositor in, any such Fund at
the time of his decease and payable under the rules of the Fund to any dependant of the
subscriber or depositor, or to such person as may be authorised by law to receive payment on
his behalf, shall, subject to any deduction authorised by this Act and, save where the
dependant is the widow or child of the subscriber or depositor, subject also to the rights of an
assignee under an assignment made before the commencement of this Act, vest in the
dependant, and shall, subject as aforesaid, be free from any debt or other liability incurred by
the deceased or incurred by the dependant before the death of the subscriber or depositor .
**4. Provisions regarding re-payments.—(1)When under the rules of any Government or**
Railway Provident Fund the sum standing to the credit of any subscriber or depositor, or the
balance thereof after the making of any deduction authorised by this Act, has become payable,
the officer whose duty is to make the payment shall pay the sum or balance, as the case may
be, to the subscriber or depositor, or, if he is dead, shall—
(a)if the sum or balance, or, any part thereof, vests in a dependant under the
provisions of section 3, pay the same to the dependant or to such person as may be
authorised by law to receive payment on his behalf; or
1. Subs. by Act 25 of 1942, s. 3 and the Second Schedule, for “its employees”.
2. Subs. by Act 7 of 1927, s. 2, for “for teachers in educational institutions”.
3. Ins. by the A.O. 1937.
4. The words “credited in respect of such subscriptions or deposits” omitted by Act 1 of 1930, s.2.
5. Subs. by the A.O. 1937, for clause (f).
6. Subs. by Act 3 of 1951, s. 3 and Sch., for “a part A State or a part C State”.
7. Ins. by the A.O. 1950.
8. Subs. by the A.O. 1948, for “Federal Railway Authority”.
3
-----
(b) if the whole sum or balance, as the case may be, does not exceed five thousand
rupees, pay the same, or any part thereof, which is not payable under clause ( _a),to any person_
nominated to receive it under the rules of the Fund, or, if no person is so nominated, to any
person appearing to him to be otherwise entitled to receive it; or
(c) in the case of any sum or balance, or any part thereof, which is not payable to any person
under clause (a)or clause (b) pay the same,—
(i)to any person nominated to receive it under the rules of the Fund, on production
by such person of probate or letters of administration evidencing the grant to him of
administration to the estate of the deceased or _a certificate granted under the Succession_
Certificate Act, 1889 [1] (7 of 1889), or under the Bombay Regulation VIII of 1827,
entitling the holder thereof to receive payment of such sum, balance or part, or
(ii)where no person is so nominated, to any person who produces such probate, letters or
certificate:
Provided that, where the whole or any part of any sum standing to the credit of the
subscriber or depositor has been assigned to any other person before the commencement of this
Act, and notice in writing of the assignment has been received by the officer from the assignee,
the officer shall, after making any deduction authorised by this Act and any payment due under
clause (a)to or on behalf of the widow or children of the subscriber or depositor—
(i) if the subscriber or depositor or, if he is dead, the person to whom in the absence
of any valid assignment the sum or balance would be payable under this sub-section
gives his consent in writing, pay the sum or part or the balance thereof, as the case may
be, to the assignee, or
(ii) if such consent is not forthcoming, withhold payment of the sum, part or balance, as the
case may be, pending a decision of a competent Civil Court as to the person entitled to receive it.
(2) The making of any payment authorised by sub-section (1) shall be a full discharge to the
Government or the railway administration, as the case may be, from all liability in respect of so
much of the sum standing to the credit of the subscriber or depositor as is equivalent to the
amount so paid.
**5. Rights of nominees.—[2][(1) Notwithstanding anything contained in any law for the time**
being in force or in any disposition, whether testamentary or otherwise, by a subscriber to, or
depositor in, a Government or Railway Provident Fund of the sum standing to his credit in the
Fund, or of any part thereof, where any nomination, duly made in accordance with the rules of
the Fund, purports to confer upon any person the right to receive the whole or any part of such
sum on the death of the subscriber or depositor occurring before the sum has become payable or
before the sum, having become payable, has been paid, the said person shall, on the death as
aforesaid of the subscriber or depositor, become entitled, to the exclusion of all other persons, to
receive such sum or part thereof, as the case may be, unless—
(a) such nomination is at any time varied by another nomination made in like manner or
expressly cancelled by notice given in the manner and to the authority prescribed by those
rules, or
(b) such nomination at any time becomes invalid by reason of the happening of some
contingency specified therein,—
and if the said person predeceases the subscriber or depositor, the nomination shall, so far as it
relates to the right conferred upon the said person, become void and of no effect:
Provided that where provision has been duly made in the nomination in accordance with
the rules of the Fund, conferring upon some other person such right in the stead of the person
1. See now the Indian Succession Act, 1925 (39 of 1925).
2. Subs.by Act 11 of 1946, s. 2, for sub-section (1).
4
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deceased, such right shall, upon the decease as aforesaid of the said person, pass to such other
person.]
(2)Notwithstanding anything contained in [1][the Indian Succession Act, 1925 (39 of 1925)]
or the Bombay Regulation VIII of 1827, any [2][person, who becomes entitled as aforesaid, may
be granted] a certificate-under that Act, or that Regulation, as the case may be, entitling him to
receive payment of such sum or part, and such certificate shall not be deemed to be invalidated
or superseded by any grant to any other person of probate or letters of administration to the
estate of the deceased.
3[(3) The provisions of this section as amended by sub-section (1)of section 2 of the Provident Funds
(Amendment) Act, 1946 (11 of 1946), shall apply also to all such nominations made before the date of
the commencement of that Act:
Provided that the provisions of this section as so amended shall not operate to affect any
case, in which before the said date any sum has been paid, or has under the rules of the Fu nd
become payable in pursuance of any nomination duly made in accordance with those rules.]
**6. Power to make deductions.—When the sum standing to the credit of any subscriber or**
depositor in any Government or Railway Provident Fund which is a contributory Provident
Fund becomes payable, there may, if the authority [4][specified in this behalf in. the rules of the
fund] so directs, be deducted therefrom and paid to [5][Government or the Railway administation, as the case may bed],—
(a) any amount due under a liability incurred by the subscriber or depositor to
5[Government or the Railway administration], but not exceeding in any case the total
amount of any contributions credited to the account of the subscriber or depositor and of
any interest or increment which has accrued on such contributions; or
(b) where the subscriber or depositor has been dismissed from [6][his employment]
for any reasons specified in this behalf in the rules of the Fund, or where he has
resigned such employment within five years of the commencement thereof, the whole
or any part of the amount of any such contributions, interest and increment.
7
[6A. Withholding or recovery of Government contributions in case of Central
**Government officers taking up, without prior permission, commercial employment within**
**two years of their retirement.—(1) In this section, unless the context otherwise requires,—**
(a) “Central Government officer” means a subscriber to, or depositor in, a contributory
provident fund constituted by the Central Government, who, immediately before his
retirement, is a member of a Central Service Class I, but does not include an officer
appointed under a contract of service for a specified term;
(b) “commercial employment” means employment in any capacity (including that of
an agent) under any company, co-operative society, firm or individual engaged in
trading, commercial, industrial, financial or professional business and includes also—
(i) a directorship of a company;
(ii) the holding of any office, whether elective or otherwise, such as that of
president, chairman, manager, secretary, treasurer, by whatever name called in a co operative society; and
1. Subs. by Act 35 of 1950, s. 3 and the Second Schedule, for “the Succession Certificate Act, 1889”.
2. Subs. by Act 11 of 1946, s. 2, for certain words.
3. Added by s. 2, ibid.
4. Subs. by Act 28 of 1925, s. 3, for “by which the Fund has been constituted”.
5. Subs. by s. 3, ibid., for “that authority”.
6. Subs. by s. 3, ibid., for “the employment of that authority”.
7. Ins. by Act 46 of 1975, s. 2 (w.e.f. 7-2-1977).
5
-----
(iii) the setting up of practice, either independently or as partner of a firm, as
adviser or consultant in matters in respect of which the Central Government officer, —
(A)has no professional qualifications and the matters in respect of which
the practice is to be set up or is carried on are relatable to his official knowledge or
experience, or
(B) has professional qualification, but the matters in respect of which such practice is to
be set up are such as are likely to give his clients an unfair advantage by reason of the posts
held by him under the Central Government, or
(C) has to undertake work involving liaison or contact with the offices or officers of
Central Government,
but does not include employment in or under a corporation or company wholly or substantially
owned or controlled by Government or employment in or under a body controlled or financed
wholly or substantially by Government;
(c) “Government contributions” means contributions made after the commencement of the
Provident Funds (Amendment) Act, 1975 (46 of 1975), in respect of any period after such
commencement, by the Central Government or by a State Government or by a local authority within
the meaning of the Local Authorities Loans Act, 1914 (9 of 1914);
(d) “prescribed” means prescribed by rules made by the Central Government by notification in
the Official Gazette.
(2)No Central Government officer shall have any right to the Government contributions made to his
credit in a contributory provident fund in any case where he takes up commercial employment at any
time before the expiry of two years from the date of his retirement without the prior permission of the
Central Government.
_Explanation_ 1.—For the purposes of this sub-section and sub-section (7), “date of retirement” in
relation to a Central Government officer re-employed after retirement without any break either in the
same or any other Class I post under the Central Government or any other equivalent post under a State
Government, shall mean the date on which such Central Government officer finally ceases to be reemployed in Government service.
_Explanation 2.—A Central Government officer permitted by the Central Government to take up a_
particular commercial employment during his leave preparatory to retirement shall be deemed, for the
purposes of this sub-section, to have obtained prior permission of the Central Government for his
continuance in such employment after retirement.
(3) Subject to the provisions of sub-section _(4),_ the Central Government may, by order in
writing, on an application made in the prescribed form by a Central Government officer, grant,
subject to such conditions, if any, as it may deem necessary, permission, or refuse, for reasons to
be recorded in the order, permission, to such officer to take up the commercial employment
specified in the application.
(4)In granting or refusing permission under this section to a Central Government officer for
taking up any commercial employment, the Central Government shall have regard to the following
factors, namely:—
(a) the nature of the employment proposed to be taken up and the antecedents of the
employer;
(b) whether his duties in the employment which he proposes to take up might be such as to bring
him into conflict with Government;
(c) whether the officer while in service had any such dealing with the employer under whom lie
proposes to seek employment as might afford a reasonable basis for the suspicion that such officer
had shown favours to such employer;
(d) any other relevant factors which may be prescribed.
6
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(5) Where within a period of sixty days of the date of receipt of an application under
sub-section (3), the Central Government does not refuse to grant the permission applied for
or does not communicate the refusal to the applicant, the Central Government shall be deemed to have
granted the permission applied for.
(6) Where the Central Government grants the permission applied for subject to any
conditions or refuses such permission, the applicant may, within thirty days of the receipt of
the order of the Central Government to that effect, make a representation against any such
condition or refusal and the Central Government may make such orders thereon as it deems
fit:
Provided that no order other than an order cancelling such condition or granting such
permission without any conditions shall be made under this sub-section without giving the
person making the representation an opportunity to show cause against the order proposed to
be made.
(7) if any Central Government officer takes up any commercial employment at any time
before the expiry of two years from the date of his retirement without the prior permission of
the Central Government or commits a breach of any condition Subject to which permission to
take up any commercial employment has been granted to him under this section, it shall be
competent for the Central Government to declare by order in writing and for reasons to be
recorded therein that he shall not be entitled to such part of the Government contributions made
in relation to such officer as may be specified in the order and if he has received payment
thereof, to direct that he shall refund to the Central Government an amount equivalent to such
part of the Government contributions:
Provided that no such order shall be made without giving the officer concerned an opportunity of
showing cause against such declaration or direction:
Provided further that in making any order under this sub-section, the Central Government shall have
regard to the following factors, namely:—
(i) the financial circumstances of the officer concerned;
(ii) the nature of, and the emoluments from, the commercial employment taken up by the
officer concerned;
(iii) such other relevant factors as may be prescribed.
(8) Any amount required to be refunded by an order under sub-section (7) may, if it is
not refunded within the prescribed period, be recovered as arrears of land revenue.
(9) Every order passed by the Central Government under this section shall be communicated to the
officer concerned.
(10) The provisions of this section shall have effect notwithstanding anything to the
contrary contained in any other provision of this Act or the rules applicable to any contributory
provident fund.
(11)Every rule made by the Central Government under this section shall be laid, as soon as
may be after it is made, before each House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule.]
**7. Protection for acts done in good faith.—No suit or other legal proceeding shall lie**
against any person in respect of anything which is in good faith done or intended to be done
under this Act.
7
-----
**8. Power to apply the Act to other Provident Funds.—[1][(1)] The [2][appropriate Government] may,**
by notification in the Official Gazette, direct that the provisions of this Act [3][(except section 6A)]shall
apply to any Provident Fund established for the benefit of its employees by any local authority
within the meaning of the Local Authorities Loans Act, 1914 (9 of 1914), and, on the making of
such declaration, this Act shall apply accordingly, as if such Provident Fund were a Government
Provident Fund and such local authority were the Government.
4[(2) The 5[appropriate Government] may, by notification in the Official Gazette, direct that
the provisions of this Act [6][(except section 6A)] shall apply to any Provident Fund established for
the benefit of the employees of any of the institutions specified in the Schedule, or of any group of
such institutions, and, on the making of such declaration, this Act shall apply accordingly, as if
such Provident Fund were a Government Provident Fund and the authority having custody of the
Fund were the Government:
Provided that section 6 shall apply as if the authority making the contributions referred to in that
section were the Government.
(3)The [5][appropriate Government] may, by notification in the Official Gazette, add to the Schedule
the name of any public institution it may deem fit, and any such addition shall take effect as if it had
been made by this Act.]
7[(4) In this section “the appropriate Government” means—
(a) in relation to a cantonment authority, a port authority for a major port, and any
institution which, or the objects of which, appear to the Central Government to fall within
List I in the Seventh Schedule to [8][the Constitution], the Central Government; and
(b) in other cases, the State Government.
_Explanation.—“The State Government” in relation to an institution registered under the_
Societies Registration Act, 1860 (21 of 1860) means the State Government of the State in which the
society is registered.]
**9. Savings as to estates of soldiers.—Nothing in section 4 or section 5 shall apply to money**
belonging to any estate for the purpose of the administration of which the Regimental Debts Act, 1893
(56 & 57 Viet., c.5), applies.
**10. [Repeals.] Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Sch.**
_______
1. Section 8 re-numbered as sub-section (1) thereof by Act 1 of 1930, s. 3.
2. Subs. by the A.O. 1937, for “L.G.”.
3. Ins. by Act 46 of 1975, s. 3 (w.e.f. 7-2-1977).
4. Added by Act 1 of 1930, s. 3.
5. Subs. by the A.O. 1937, for “G.G. in C.”.
6. Ins. by Act 46 of 1975, s. 3 (w.e.f. 7-2-1977).
7. Ins. by the A.O. 1937.
8. Subs. by the A.O. 1950, for “the Government of India Act, 1935”.
8
-----
1[THE SCHEDULE
LIST OF INSTITUTIONS
[See sub-section (2) of section 8]
1. The Pasteur Institute of India, Kasauli.
2. The Calcutta Improvement Tribunal.
3. A Court of Wards.
4. The Indian Central Cotton Committee.
5. The Trustees for the European Hospital for mental diseases at Ranchi.
6. The National Association for supplying female medical aid to the women of India.
7. A College affiliated to a University established by Statute.]
28. The Indian Coal Grading Board.
9. The Lady Minto’s Indian Nursing Association.
10. The Indian Red Cross Society.
11. The Indian Lac Cess Committee.
12. The Madras State Branch of the Indian Red Cross Society.
13. The Imperial Bank of India.
14. The Bihar and Orissa Medical Examination Board.
3* - -
16. The Institution created for the control of emigrant Labour under the Tea Districts Emigrant
Labour Act, 1932.
17. The Bombay Board of Film Censors.
18. The Calcutta University.
19. The Central Board of Irrigation.
20. The Reserve Bank of India.
4* - -
22. The Banaras Hindu University.
23. The Medical Council of India.
24. The Indian Coffee Cess Committee.
25. The Inter-State Board for Anglo-Indian and European Education.
26. The Indian Research Fund Association.
27. The Delhi Joint Water and Sewage Board.
28. The Tuberculosis Association of India.
29. The Coal Mines Stowing Board.
1. The Schedule containing items 1 to 7 was added by Act 1 of 1930, s. 4. The original Schedule was omitted by Act
12 of 1927, s. 2 and Sch.
2. Items after 7 were added from time to time by notifications under s. 8(3) of the Act.
3. Entry “15. The Punjab University.” omitted by the A.O. 1948.
4. Entry “21. The Trustees of the Victoria Memorial Park, Rangoon.” omitted, _ibid._
9
-----
30. A Group Committee of the Sleeper Pool of Indian Railways.
31. The Indian Coffee Market Expansion Board.
32. The Coal Mines Rescue Stations Committee.
33. The Indian Coffee Board.
1* - -
35. The Indian Rubber Board.
36. The Indian Central Sugarcane Committee.
37. All-India Cattle Show Committee.
38. The Coal Mines Labour Welfare Fund.
39. The Indian Coconut Committee.
40. The Indian Central Tobacco Committee.
41. The Employees' State Insurance Corporation.
42. The Indian Tea Licensing Committee.
43. The Coal Board established under the Coal Mines (Conservation and Safety) Act, 1952.
44. The Delhi Road Transport Authority, New Delhi.
45. The Central Tea Board.
46. The Indian Central Oilseeds Committee.
47. The Central Institute of Research in Indigenous Systems of Medicine, Jamnagar.
48. The Indian Standards Institution, Delhi.
49. The Textiles Committee.
50. The Deshbandhu College, Kalkaji.
51. The Damodar Valley Corporation.
52. The Central Silk Board.
53. The University Grants Commission, New Delhi.
54. The Khadi and Village Industries Commission.
55. The Lawrence School (Sanawar) Society.
56. The Kalavati Saran Children’s Hospital, New Delhi.
57. The Sri Guru TegBahadurKhalsa College, Delhi.
58. The Tea Board.
59. Lady Shri Ram College for Women, New Delhi.
60. Indian Institute of Public Administration, New Delhi.
61. The Central Board for Worker’s Education.
62. The Oil and Natural Gas Commission.
63. The School of Planning and Architecture, New Delhi.
64. The Central Board of Trustees for the administration of the Provident Fund established under the
Employees’ Provident Funds Scheme, 1952.
1. Entry “34. The N.W.F. Provincial Branch of the Indian Red Cross Society.” Omitted by the A. 0. 1948.
10
-----
65. The Gujarat State Road Transport Corporation.
66. Uttar Pradesh Financial Corporation established (incorporated) under the State Financial
Corporations Act, 1951 (63 of 1951).
67. Indian Institute of Technology, Bombay.
68. The Indian Nursing Council.
69. Gujarat State Financial Corporation established (incorporated) under the State Financial
Corporations Act, 1951 (63 of 1951).
70. Indian Institute of Technology, Madras.
71. Rajasthan Financial Corporation incorporated under the State Financial Corporations Act, 1951
(63 of 1951).
72. Air India International Corporation.
73. The Sahitya Akademi, New Delhi.
74. The Pannalal Girdharlal D.A.V. College, New Delhi.
75. Delhi School of Social Work, Delhi.
76. The All-India Institute of Medical Sciences.
77. The Board of Trustees for the administration of the Provident Fund established under the Coal
Mines Provident Fund Scheme, 1948.
78. Janki Devi Mahavidyalaya, New Delhi.
79. The Indian Council for Cultural Relations, New Delhi.
80. National Productivity Council.
81. The National Industrial Development Corporation Limited.
82. The Post-Graduate Training Centre in Ayurveda, Jamnagar.
83. The Indian Investment Centre, New Delhi.
84. The Indian Airlines Corporation.
85. The Indian Institute of Technology, Kanpur.
86. The Vizagapatam Dock Labour Board established under the Dock Workers (Regulation of
Employment) Act, 1948 (9 of 1948).
87. The Central Social Welfare Board.
88. Orissa State Financial Corporation incorporated under the State Financial Corporations Act, 1951
(63 of 1951).
89. The Sangeet Natak Akademi, New Delhi.
90. Institute of Economic Growth, Delhi.
91. The Delhi Wakf Board.
92. Institute of Applied Manpower Research, New Delhi.
93. The Indian Law Institute.
94. The Indian Institute of Technology, Delhi.
95. Dyal Singh College, New Delhi.
96. Pramila College, Delhi.
97. Sanatan Dharma College, New Delhi.
11
-----
98. Pharmacy Council of India.
99. The Indian Institute of Management, Calcutta.
100. The Sainik Schools Society.
101. The Salar Jung Museum Board, Hyderabad.
102. The Lalit Kala Akademi, New Delhi.
103. Madhya Pradesh Financial Corporation incorporated under the State Financial
Corporations Act, 1951 (63 of 1951).
104. The Central Council of Gosamvardhana.
105. The State Bank of India constituted by the State Bank of India Act, 1955 (23 of 1955).
106. All-India Institute of Mental Health, Bangalore.
107. The Indian Institute of Foreign Trade, New Delhi.
108. Delhi Library Board, Delhi.
109. The National Institute of Health Administration and Education, New Delhi.
110. The All-India Institute of Speech and Hearing, Mysore.
111. The Indian Museum, Calcutta.
112. Press Council of India.
113. National Council of Education, Research and Training.
114. Indian Institute of Mass Communication Society.
115. The National Institute for Training in Industrial Engineering, Bombay.
116. Cochin Port Trust.
117. Visakhapatnam Port Trust.
118. Kandla Port Trust.
119. Mormugao Port Trust.
120. Paradip Port Trust.
121. Nehru Memorial Museum and Library, New Delhi.
122. National Book Trust, India, New Delhi.
123. Export Inspection Council.
124. Export Inspection Agency, Bombay.
125. Export Inspection Agency, Delhi.
126. Export Inspection Agency, Calcutta.
127. Export Inspection Agency, Madras.
128. Export Inspection Agency, Cochin.
129. The National Institute of Foundry and Forge Technology, Ranchi.
130. The Unit Trust of India established under the Unit Trust of India Act, 1963 (52 of 1963).
131. The Indian Council of Social Science Research, New Delhi.
132. The National Institute of Bank Management, Bombay.
133. The Post-Graduate Institute of Medical Education and Research, Chandigarh.
134. The Cardamom Board established under the Cardamom Act, 1965 (42 of 1965).
12
-----
135. Victoria Memorial Hall, Calcutta.
136. Central Institute of Research and Training in Public Co-operation, New Delhi.
137. The Mormugao Dock Labour Board established under the Dock Workers (Regulation of
Employment) Act, 1948 (9 of 1948).
138. The Cochin Dock Labour Board established under the Dock Workers (Regulation of
Employment) Act, 1948 (9 of 1948).
139. The Institute of Constitutional and Parliamentary Studies, New Delhi.
140. The Institute for Defence Studies and Analysis, New Delhi.
141. Centre for Policy Research, New Delhi.
142. Iron Ore Board.
143. Council of Historical Research, New Delhi.
144. Indian School of Mines, Dhanbad.
145. Seamen's Provident Fund Organisation.
146. Rural Electrification Corporation Limited.
147. Indian Institute of Geomagnetism, Bombay.
148. Kendriya Vidyalaya Sangthan.
149. Bal Bhawan Society (India).
150. Power Engineers Training Society.
151. National Institute of Hydrology.
152. Raman Research Institute, Bangalore.
153. Rashtriya Sanskrit Sansthan, New Delhi.
154. National Labour Institute.
155. National Co-operative Development Corporation, New Delhi.
156. The National Water Development Agency, New Delhi.
157. 1[The Delhi Development Authority.]
1. Ins. by Notification No. S.O. 01(E), dated 31st December, 2019.
13
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|
11-Sep-1925 | 24 | The Sikh Gurdwaras (Supplementary) Act, 1925. | https://www.indiacode.nic.in/bitstream/123456789/16825/1/a192524.pdf | central | THE SIKH GURDWARAS (SUPPLEMENTARY) ACT, 1925
____________
ARRANGEMENT OF SECTIONS
___________
SECTIONS
1. Short title and commencement.
2. Validation of certain provisions of Punjab Act 8 of 1925.
3. [Repealed].
1
-----
THE SIKH GURDWARAS (SUPPLEMENTARY) ACT, 1925
ACT NO. 24 OF 1925
[Received the assent of the Governor-General on the 11[th] September, 1925.]
_An Act to supplement certain provisions of the Sikh Gurdwaras Act, 1925._
WHEREAS it is expedient to supplement, by legislation in the Indian Legislature, certain provisions of the
Sikh Gurdwaras Act, 1925, for the purposes hereinafter appearing; It is hereby enacted as follows:
**1. Short title and commencement.—(1) This Act may be called the Sikh Gurdwaras (Supplementary-**
) Act, 1925.
(2) It shall come into force on the date[1] appointed by the [2][ [3](State Government)], under sub-section
(3) of section 1 of the Sikh Gurdwaras Act, 1925.
**2. Validation of certain provisions of Punjab Act 8 of 1925.—The Sikh Gurdwaras Act, 1925**
(hereinafter referred to as the said Act), shall so far as it adds to or takes from the jurisdiction of the [4][High
Court of [5](Punjab)] or prescribes the procedure of the said Court, be as valid as if it had been passed by
the Indian Legislature.
**63. Amendment of section 12, Punjab Act 8 of 1925.—Repealed by the Repealing Act, 1938 (1 of**
1938), section 2 and Schedule.
1. It came into force on the 1[st] January, 1926.
2. Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937.
3. Substituted for the word “Provincial” by Adaptation of Laws Order, 1950.
4. Substituted for the words “High Court of Judicature of Lahore” by the India (Adaptation of Existing Laws) Order, 1947.
5. Substituted for “East Punjab” by Adaptation of Laws, Order, 1950.
6. The amendment to s. 12 of the Sikh Gurudwaras act, 1925, directed by this section were omitted by the Government of India
(Adaptation of Indian Laws) Order, 1937 section later repealed by Central Act 1 of 1938, schedule.
2
-----
|
21-Sep-1925 | 26 | The Indian Carriage of Goods by Sea Act, 1925 | https://www.indiacode.nic.in/bitstream/123456789/2384/1/AAA1925____26.pdf | central | # THE INDIAN CARRIAGE OF GOODS BY SEA ACT, 1925
_________
# ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title and extent.
2. Application of Rules.
3. Absolute warranty of sea worthiness not to be implied in contracts to which Rules apply.
4. Statement as to application of Rules to be included in bills of lading.
5. Modification of Article VI of Rules in relation to goods carried in sailing ships and by prescribed
routes.
6. Modification of Rules 4 and 5 of Article III in relation to bulk cargoes.
7. Saving and operation.
SCHEDULE.
-----
# THE INDIAN CARRIAGE OF GOODS BY SEA ACT, 1925
ACT No. 26 OF 1925[1 ]
[21stSeptember, 1925.]
# An Act to amend the law with respect to the carriage of goods by sea.
WHEREAS at the International Conference on Maritime Law held at Brussels in October, 1922, the
delegates at the Conference, [2]***, agreed unanimously to recommend their respective Governments to
adopt as the basis of a convention a draft convention for the unification of certain rules relating to bills of
lading;
ANDWHEREAS at a meeting held at Brussels in October, 1923, the rules contained in the said draft
convention were amended by the Committee appointed by the said Conference;
3 [AND WHEREAS the said rules were amended by the Protocol signed at Brussels on 23rd
February,1968 and by the Protocol signed at Brussels on 21st December, 1979;]
4[AND WHEREAS it is expedient that the said rules as so amended and as set out with modifications in
the Schedule should, subject to the provisions of this Act, have the force of law with a view to
establishing the responsibilities, liabilities, rights and immunities attaching to carriers under bills of
lading; it is hereby enacted as follows:—]
**1. Short title and extent.—(1) This Act may be called the Indian Carriage of Goods by Sea Act,**
1925.
(2) It extends to [5][the whole of India].
**2. Application of Rules.—Subject to the provisions of this Act, the rules set out in the Schedule**
(hereinafter referred to as “the Rules”) shall have effect in relation to and in connection with the carriage
of goods by sea in ships carrying goods from any port in [6][India] to any other port whether in or outside
6[India].
**3. Absolute warranty of sea worthiness not to be implied in contracts to which Rules apply.—**
There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply any
absolute undertaking by the carrier of the goods to provide a seaworthy ship.
**4. Statement as to application of Rules to be included in bills of lading.—Every bill of lading, or**
similar document of title, issued in [6][India] which contains or is evidence of any contract to which the
Rules apply, shall contain an express statement that it is to have effect subject to the provisions of the said
Rules as applied by this Act.
**5. Modification of Article VI of Rules in relation to goods carried in sailing ships and by**
**prescribed routes.—Article VI of the Rules shall, in relation to—**
(a) the carriage of goods by sea in sailing ships carrying goods from any port in [6][India] to any
other port whether in or outside [6][India], and
(b) the carriage of goods by sea in ships carrying goods from a port in [6][India] notified in this
behalf in the Official Gazette by the Central Government to a port in Ceylon specified in the said
notification,
have effect as though the said Article referred to goods of any class instead of to particular goods and as
though the proviso to the second paragraph of the said Article were omitted.
1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch., (w.e.f. 1-2-1965) to Pondicherry by
Reg. 7 of 1963, s. 3 and Sch. I and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.
2. The words “including the delegates representing His Majesty” omitted by Act 52 of 1964, s. 3 and the Second Schedule.
3. Ins. by Act 28 of 1993, s. 31 and the Schedule (w.e.f. 16-10-1992).
4. Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for third and fourth paragraphs.
5. Subs. by the A.O. 1950, for “all the Provinces of India”.
6. Subs.ibid., for “the provinces”.
-----
**6. Modification of Rules 4 and 5 of Article III in relation to bulk cargoes.—Where under the**
custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or
acceptedby a third party other than the carrier or the shipper and the fact that the weight is so ascertained
or accepted is stated in the bill of lading, then, notwithstanding anything in the Rules, the bill of lading
shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so
inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have
been guaranteed by the shipper.
**7. Saving and operation.—(1) Nothing in this Act shall affect the operation of sections [1][section 331**
and Part XA] of the Merchant Shipping Act, 1958 (44 of 1958)j, or the operation of any other enactment
for the time being in force limiting the liability of the owners of sea-going vessels.
(2) The Rules shall not by virtue of this Act apply to any contract for the carriage of goods by sea
before such day[2], not being earlier than the first day of January, 1926, as the Central Government may, by
notification in the Official Gazette, appoint, nor to any bill of lading or similar document of title issued,
whether before or after such day as aforesaid, in pursuance of any such contract as aforesaid.
1. Subs. by Act 52 of 1964, s. 3 and the Second Schedule for “sections 331 and 352’ (w.e.f. 16-10-1992).
2. 1st January, 1926, see Gazette of India, 1925, Pt. I, p. 950.
-----
SCHEDULE
RULES RELATING TO BILLS OF LADING
ARTICLE I.—Definitions.
In these Rules the following expressions have the meanings hereby assigned to them respectively,
that is to say—
(a) “Carrier” includes the owner or the charterer who enters into a contract of carriage with a
shipper:
(b) “Contract of carriage” applies only to contracts of carriage covered by a bill of lading or any
similar document of title, in so far as such document relates to the carriage of goods by sea including
any bill of lading or any similar document as aforesaid issued under or pursuant to a charterparty
from the moment at which such bill of lading or similar document of title regulates the relations
between a carrier and a holder of the same:
1[(c) “Goods” includes any property including live animals as well as containers, pallets or
similar articles of transport or packaging supplied by the consignor, irrespective of whether such
property is to be or is carried on or under deck;]
(d) “Ship” means any vessels used for the carriage of goods by sea:
(e) “Carriage of goods” covers the period from the time when the goods are loaded on to the time
when they are discharged from the ship.
ARTICLEII.—Risks.
Subject to the provisions of Article VI, under every contract of carriage of goods by sea the carrier, in
relation to the loading, handling, stowage, carriage, custody, care, and discharge of such goods, shall be
subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set forth.
ARTICLEIII.—Responsibilities and Liabilities.
1. The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to
—
(a) make the ship seaworthy:
(b) properly man, equip, and supply the ship:
(c) make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods
are carried, fit and safe for their reception, carriage and preservation.
2. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow,
carry, keep, care for and discharge the goods carried.
3. After receiving the goods into his charge, the carrier, or the master or agent of the carrier, shall, on
demand of the shipper, issue to the shipper a bill of lading showing among other things—
(a) The leading marks necessary for identification of the goods as the same are furnished in
writing by the shipper before the loading of such goods starts, provided such marks are stamped or
otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such
goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage:
(b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as
furnished in writing by the shipper:
(c) The apparent order and condition of the goods:
1. Subs. by Act 44 of 2000, s. 11, for clause (c) (w.e.f. 5-12-2000).
-----
Provided that no carrier, master or agent of the carrier, shall be bound to state or show in the bill
of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not
accurately to represent the goods actually received, or which he has had no reasonable means of
checking.
4. Such a bill of lading shall be _prima facie evidence of the receipt by the carrier of the goods as_
therein described in accordance with paragraph 3(a), (b) and (c). [1][However, proof to the contrary shall
not be admissible when the bill of lading has been transferred to a third party acting in good faith.]
5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment
of the marks, number, quantity, and weight, as furnished by him, and the shipper shall indemnify the
carrier against ail loss, damages, and expenses arising or resulting from inaccuracies in such particulars.
The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the
contract of carriage to any person other than the shipper.
6. Unless notice of loss or damage and the general nature of such loss or damage be given in writing
to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the
custody of the person entitled to delivery thereof under the contract of carriage, or if, the loss or damage
be not apparent, within three days, such removal shall be _primafacieevidence of the delivery by the_
carrier of the goods as described in the bill of lading.
The notice in writing need not be given if the state of the goods has at the time of their receipt been
the subject of joint survey or inspection.
In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage
unless suit is brought within one year after delivery of the goods or the date when the goods should have
been delivered.
1[This period may, however, be extended if the parties so agree after the cause of action has arisen;
Provided that a suit may be brought after the expiry of the period of one year referred to in this sub
paragraph within a further period of not more than three months as allowed by the court.]
In the case of any actual or apprehended loss or damage, the carrier and the receiver shall give all
reasonable facilities to each other for inspecting and tallying the goods.
7. After the goods are loaded the bill of lading to be issued by the carrier, master or agent of the
carrier, to the shipper shall, if the shipper so demands, be a “shipped” bill of lading, provided that, if the
shipper shall have previously taken up any document of title to such goods, he shall surrender the same as
against the issue of the “shipped” bill of lading, but at the option of the carrier, such document of title
may be noted at the port of shipment by the carrier, master, or agent with the name or names of the ship
or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted
the same shall for the purpose of this Article be deemed to constitute a “shipped” bill of lading.
8. Any clause, covenant or agreement in a contract of carriage relieving the carrier or the ship from
liability for loss or damage to or in connection with goods arising from negligence, fault or failure in the
duties and obligations provided in this Article or lessening such liability otherwise than as provided in
these Rules, shall be null and void and of no effect.
A benefit of insurance or similar clause shall be deemed to be a clause relieving the carrier from
liability.
ARTICLE IV.—Rights and Immunities.
1. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from
unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship
seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds,
refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for
their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article III.
1. Added by Act 28 of 1993, s. 31 and the Schedule (w.e.f. 16-10-1992).
-----
Whenever loss or damage has resulted from unseaworthiness, the burden of proving the exercise of
due diligence shall be on the carrier or other person claiming exemption under this section.
2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from—
(a) act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the
navigation or in the management of the ship:
(b) fire, unless caused by the actual fault or privity of the carrier:
(c) perils, dangers and accidents of the sea or other navigable waters:
(d) act of God:
(e) act of war:
(f) act of public enemies:
(g)arrest or restraint of princes, rulers or people, or seizure under legal process:
(h) quarantine restriction:
(i) act or omission of the shipper or owner of the goods, his agent, or representative:
(j) strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or
general:
(k) riots and civil commotions:
(l) saving or attempting to save life or property at sea:
(m) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality,
or vice of the goods:
(n) insufficiency of packing:
(o) insufficiency or inadequacy of marks:
(p) latent defects not discoverable by due diligence:
(q) any other cause arising without the actual fault or privity of the cagier, or without the fault or
neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming
the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault
or neglect of the agents or servants of the carrier contributed to the loss or damage.
3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising
or resulting from any cause without the act, fault or neglect of the shipper, his agents, or his servants.
4. Any deviation in saving or attempting to save life or property at sea, or any reasonable deviation
shall not be deemed to be an infringement or breach of these Rules or of the contract of carriage, and the
carrier shall not be liable for any loss or damage resulting therefrom.
5. Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or
in connection with goods in an [1][amount exceeding 666.67 Special Drawing Rights per package or unit or
two Special Drawing Rights per kilogram of gross weight of the goods lost or damaged, whichever is
higher] or the equivalent of that sum in other currency, unless the nature and value of such goods have
been declared by the shipper before shipment and inserted in the bill of lading.
This declaration if embodied in the bill of lading shall be prima fade evidence, but shall not be
binding or conclusive on the carrier.
2[Where a container, pallet or similar article of transport is used to consolidate goods, the number of
packages or units enumerated in the bill of lading and as packed in such article of transport shall be
1. Subs. by Act 28 of 1993, s. 31 and the Schedule for certain words and figures (w.e.f. 16-10-1992).
2. Ins. by s. 31 and the Schedule,ibid. (w.e.f. 16-10-1992).
-----
deemed to be the number of packages or units for the purposes of this paragraph as far as these packages
or units are concerned.
Neither the carrier nor the ship shall be entitled to the benefit of limitation of liability provided for in
this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with
intent to cause damage, or recklessly and with knowledge that damage would probably result.
Where the nature or value of the goods has been knowingly mis-stated by the shipper in the bill of
lading, the liability of the carrier or ship shall not exceed the value so stated.]
By agreement between the carrier, master or agent of the carrier and the shipper another maximum
amount than that mentioned in this paragraph may be fixed, provided that such maximum shall not be less
than the figure above named.
Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in
connection with goods if the nature or value thereof has been knowingly mis-stated by the shipper in the
bill of lading.
6. Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier,
master or agent of the carrier, has not consented, with knowledge of their nature and character, may at any
time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without
compensation, and the shipper of such goods shall be liable for all damages and expenses directly or
indirectly arising out of or resulting from such shipment.
If any such goods shipped with such knowledge and consent shall become a danger to the ship or
cargo, they may in like manner be landed at any place or destroyed or rendered innocuous by the carrier
without liability on the part of the carrier except to general average, if any.
ARTICLE V.—Surrender of Rights and Immunities, and Increase of Responsibilities and Liabilities.
A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or
to increase any of his responsibilities and liabilities under the Rules contained in any of these Articles,
provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.
The provisions of these Rules shall not be applicable to charterparties, but if bills of lading are issued
in the case of a ship under a charterparty they shall comply with the terms of these Rules. Nothing in
these Rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding
general average.
ARTICLE VI.—Special Conditions.
Notwithstanding the provisions of the preceding Articles, a carrier, master or agent of the carrier, and
a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms to
the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the
carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not
contrary to public policy, or the care or diligence of his servants or agents in regard to the loading,
handling, stowage, carriage, custody, care, and discharge of the goods carried by sea, provided that in this
case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt
which shall be a non-negotiable document and shall be marked as such.
Any agreement so entered into shall have full legal effect:
Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary
course of trade, but only to other shipments where the charter or condition of the property to be carried or
the circumstances, terms and conditions under which the carriage is to be performed, are such as
reasonably to justify a special agreement.
ARTICLE VII.—Limitations on the Application of the Rules.
Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement,
stipulation, condition, reservation or exemption as to the responsibility and liability of the carrier or the
ship for the loss or damage to or in connection with the custody and care and handling of goods prior to
the loading on and subsequent to the discharge from the ship on which the goods are carriedby sea.
-----
ARTICLE VIII.—Limitation of liability.
The provisions of these Rules shall not affect the rights and obligations of the carrier under any
Statute for the time being in force relating to the limitation of the liability of owners of sea-goingvessels.
ARTICLE IX
The monetary units mentioned in these Rules are to be taken to be gold value.
————
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|
23-Sep-1925 | 35 | The Madras, Bengal and Bombay Children (Supplementary) Act, 1925 | https://www.indiacode.nic.in/bitstream/123456789/19233/1/a1925-35.pdf | central | ## THE MADRAS, BENGAL AND BOMBAY CHILDREN (SUPPLEMENTARY) ACT, 1925
_________
ARRANGEMENT OF SECTIONS
_________
SECTIONS.
1. Short title. 2. Validation of certain provisions of Madras Children Act, 1920, Bengal Children Act 1922, and
Bombay Children Act, 1924.
1
-----
## THE MADRAS, BENGAL AND BOMBAY CHILDREN (SUPPLEMENTARY) ACT, 1925
_______
ACT NO. XXXV OF 1925.
_______
# [PASSED BY THE INDAIN LEGISLATURE.]
(Received the assent of the Governor General on the 23rd September, 1925.)
## _______
# An Act to supplement certain provisions of the Madras Children Act, 1920, of the Bengal Children
Act, 1922, and of the Bombay Children Act, 1924.
WHEREAS it is expedient to supplement by legislation in the Indian Legislature certain provisions of the Madras
Children Act, 1920 (Mad. Act IV of 1920.), of the Bengal Children Act, 1922 (Ben. Act II of 1922.), and of the
Bombay Children Act, 1924 (Bom. Act XIII of 1924.), for the purpose hereinafter appearing; It is hereby enacted as
follows: —
**1. Short title.—This Act may be called the Madras, Bengal and Bombay Children (Supplementary) Act, 1925.**
**2. Validation of certain provisions of Madras Children Act, 1920, Bengal Children Act, 1922, and Bombay**
**Children Act, 1924.—The Madras Children Act, 1920 (Mad. Act IV of 1920.), the Bengal Children Act, 1922 (Ben.**
Act II of 1922.), and the Bombay Children Act, 1924 (Bom. Act XIII of 1924.), shall, so far as regards the appellate
and revisional jurisdiction conferred by the said Acts on the High Courts of Judicature at Madras, at Fort William in
Bengal and at Bombay, respectively, be as valid as if the said Acts had been passed by the Indian Legislature.
## 2
-----
|
30-Sep-1925 | 39 | The Indian Succession Act, 1925 | https://www.indiacode.nic.in/bitstream/123456789/2385/1/a1925-39.pdf | central | # THE INDIAN SUCCESSION ACT, 1925
_________
# ARRANGEMENT OF SECTIONS
_________
PART I
PRELIMINARY
SECTIONS
1. Short title.
2. Definitions.
3. Power of State Government to exempt any race, sect or tribe in the State from operation of Act.
PART II
OF DOMICILE
4. Application of Part.
5. Law regulating succession to deceased person’s immoveable and moveable property, respectively.
6. One domicile only affects succession to moveables.
7. Domicile of origin of person of legitimate birth.
8. Domicile of origin of illegitimate child.
9. Continuance of domicile of origin.
10. Acquisition of new domicile.
11. Special mode of acquiring domicile in India.
12. Domicile not acquired by residence as representative of foreign Government, or as part of his
family.
13. Continuance of new domicile.
14. Minor’s domicile.
15. Domicile acquired by woman on marriage.
16. Wife’s domicile during marriage.
17. Minor’s acquisition of new domicile.
18. Lunatic’s acquisition of new domicile.
19. Succession to moveable property in India in absence of proof of domicile elsewhere.
PART III
MARRIAGE
20. Interests and powers not acquired nor lost by marriage.
21. Effect of marriage between person domiciled and one not domiciled in India.
22. Settlement of minor’s property in contemplation of marriage.
PART IV
OF CONSANGUINITY
23. Application of Part.
24. Kindred or consanguinity.
25. Lineal consanguinity.
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SECTIONS
26. Collateral consanguinity.
27. Persons held for purpose of succession to be similarly related to deceased.
28. Mode of computing of degrees of kindred.
PART V
INTESTATE SUCCESSION
CHAPTER I.—Preliminary
29. Application of Part.
30. As to what property deceased considered to have died intestate.
CHAPTER II.—Rules in cases of Intestates other than Parsis
31. Chapter not to apply to Parsis.
32. Devolution of such property.
33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and
no kindred.
33A. Special provision where intestate has left widow and no lineal descendants.
34. Where intestate has left no widow, and where he has left no kindred.
35. Rights of widower.
_Distribution where there are lineal descendants_
36. Rules of distribution.
37. Where intestate has left child or children only.
38. Where intestate has left no child, but grandchild or grandchildren.
39. Where intestate has left only great-grandchildren or remoter lineal descendants.
40. Where intestate leaves lineal descendants not all in same degree of kindred to him, and those
through whom the more remote are descended are dead.
_Distribution where there are no lineal descendants_
41. Rules of distribution where intestate has left no lineal descendants.
42. Where intestate’s father living.
43. Where intestate’s father dead, but his mother, brothers and sisters living.
44. Where intestate’s father dead and his mother, a brother or sister, and children of any deceased
brother or sister, living.
45. Where intestate’s father dead and his mother and children of any deceased brother or sister living.
46. Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece.
47. Where intestate has left neither lineal descendant, nor father, nor mother.
48. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.
49. Children’s advancements not brought into hotchpot.
CHAPTERIII.—Special Rules for Parsi Intestates
50. General principles relating to intestate succession.
51. Division of intestate’s property among widow, widower, children and parents.
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SECTIONS
53. Division of share of predeceased child of intestate leaving lineal descendants.
54. Division of property where intestate leaves no lineal descendant but leaves a widow or widower
or a widow or widower of any lineal descendant.
55. Division of property where intestate leaves neither lineal descendants nor a widow or widower
nor a widow or widower of any lineal descendant.
56. Division of property where there is no relative entitled to succeed under the other provisions of
this Chapter.
PART VI
TESTAMENTARY SUCCESSION
CHAPTER I.—Introductory
57. Application of certain provisions of Part to a class of wills made by Hindus, etc.
58. General application of Part.
CHAPTER II—Of Wills and Codicils
59. Person capable of making wills.
60. Testamentary guardian.
61. Will obtained by fraud, coercion or importunity.
62. Will may be revoked or altered.
CHAPTER III.—Of the Execution of unprivileged Wills
63. Execution of unprivileged wills.
64. Incorporation of papers by reference.
CHAPTER IV.—Of privileged Wills
65. Privileged wills.
66. Mode of making, and rules for executing, privileged wills.
CHAPTER V.—Of the Attestation, Revocation, Alteration and Revival of Wills
67. Effect of gift to attesting witness.
68. Witness not disqualified by interest or by being executor.
69. Revocation of will by testator’s marriage.
70. Revocation of unprivileged will or codicil.
71. Effect of obliteration, interlineation or alteration in unprivileged will.
72. Revocation of privileged will or codicil.
73. Revival of unprivileged will.
CHAPTER VI.—Of the construction of Wills
74. Wording of wills.
75. Inquiries to determine questions as to object or subject of will.
76. Misnomer or misdescription of object.
77. When words may be supplied.
78. Rejection of erroneous particulars in description of subject.
79. When part of description may not be rejected as erroneous.
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SECTIONS
80. Extrinsic evidence admissible in cases of patent ambiguity.
81. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.
82. Meaning or clause to be collected from entire Will.
83. When words may be understood in restricted sense, and when in sense wider than usual.
84. Which of two possible constructions preferred.
85. No part rejected, if it can be reasonably construed.
86. Interpretation of words repeated in different parts of will.
87. Testator’s intention to be effectuated as far as possible.
88. The last of two inconsistent clauses prevails.
89. Will or bequest void for uncertainty.
90. Words describing subject refer to property answering description at testator’s death.
91. Power of appointment executed by general bequest.
92. Implied gift to objects of power in default of appointment.
93. Bequest to “heirs,” etc., of particular person without qualifying terms.
94. Bequest to “representatives”, etc., of particular person.
95. Bequest without words of limitation.
96. Bequest in alternative.
97. Effect of words describing a class added to bequest to person.
98. Bequest to class of persons under general description only.
99. Construction of terms.
100. Words expressing relationship denote only legitimate relatives or failing such relatives reputed
legitimate.
101. Rules of construction where will purports to make two bequests to same person.
102. Constitution of residuary legatee.
103. Property to which residuary legatee entitled.
104. Time of vesting legacy in general terms.
105. In what case legacy lapses.
106. Legacy does not lapse if one of two joint legatees die before testator.
107. Effect of words showing testator’s intention to give distinct shares.
108. When lapsed share goes as undisposed of.
109. When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s
lifetime.
110. Bequest to A for benefit of B does not lapse by A’s death.
111. Survivorship in case of bequest to described class.
CHAPTER VII.—Of void Bequests
112. Bequest to person by particular description, who is not in existence at testator’s death.
113. Bequest to person not in existence at testator’s death subject to prior bequest.
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SECTIONS
114. Rule against perpetuity.
115. Bequest to a class some of whom may come under rules in sections 113 and 114.
116. Bequest to take effect on failure of prior bequest.
117. Effect of direction for accumulation.
118. Bequest to religious or charitable uses.
CHAPTER VIII.—Of the vesting of Legacies
119. Date of vesting of legacy when payment or possession postponed.
120. Date of vesting when legacy contingent upon specified uncertain event.
121. Vesting of interest in bequest to such members of a class as shall have attained particular age.
CHAPTER IX.—Of Onerous Bequests
122. Onerous bequests.
123. One of two separate and independent bequests to same person may be accepted, and other
refused.
CHAPTER X.—Of Contingent Bequests
124. Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence.
125. Bequest to such of certain persons as shall be surviving at some period not specified.
CHAPTER XI.—Of Conditional Bequests
126. Bequest upon impossible condition.
127. Bequest upon illegal or immoral condition.
128. Fulfilment of condition precedent to vesting of legacy.
129. Bequest to A and on failure of prior bequest to B.
130. When second bequest not to take effect on failure of first.
131. Bequest over, conditional upon happening or not happening of specified uncertain event.
132. Condition must be strictly fulfilled.
133. Original bequest not affected by invalidity of second.
134. Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall
happen, or not happen.
135. Such condition must not be invalid under section 120.
136. Result of legatee rendering impossible or indefinitely postponing act for which no time
specified, and on non-performance of which subject-matter to go over.
137. Performance of condition, precedent or subsequent, within specified time. Further time In case
of fraud.
CHAPTER XII.—Of Bequests with Directions as to Application or Enjoyment
138. Direction that fund be employed in particular manner following absolute bequest of same to or
for benefit of any person.
139. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified
benefit for legatee.
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SECTIONS
140. Bequest of fund for certain purposes, some of which cannot be fulfilled.
CHAPTER XIII.—Of Bequests to an Executor
141. Legatee named as executor cannot take unless be shows intention to act as executor.
CHAPTER XIV.—Of Specific Legacies
142. Specific legacy defined.
143. Bequest of certain sum where stocks, etc., in which invested are described.
144. Bequest of stock where testator had, at date of will, equal or greater amount of stock of same
kind.
145. Bequest of money where not payable until part of testator’s property disposed of in certain way.
146. When enumerated articles not deemed specifically bequeathed.
147. Retention, in form, of specific bequest to several persons in succession.
148. Sale and investment of proceeds of property bequeathed to two or more persons in succession.
149. Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies.
CHAPTER XV.—Of Demonstrative Legacies
150. Demonstrative legacy defined.
151. Order of payment when legacy directed to be paid out of fund the subject of specific legacy.
CHAPTER XVI.—Of Ademption of Legacies
152. Ademption explained.
153. Non-ademption of demonstrative legacy.
154. Ademption of specific bequest of right to receive something from third party.
155. Ademptionpro tanto by testator’s receipt of part of entire thing specifically bequeathed.
156. Ademptionpro tanto by testator’s receipt of portion of entire fund of which portion has been
specically bequeathed.
157. Order of payment where portion of fund specifically bequeathed to one legatee, and legacy
charged on same fund to another, and, testator having received portion of that fund, remainder
insufficient to pay both legacies.
158. Ademption where stock, specifically bequeathed, does not exist at testator’s death.
159. Ademptionpro tanto where stock, specifically bequeathed, exists in part only at testator's death.
160. Non-ademption of specific bequest of goods described as connected with certain place, by
reason of removal.
161. When removal of thing bequeathed does not constitute ademption.
162. When thing bequeathed is a valuable to be received by testator from third person; and testator
himself, or his representative, receives it.
163. Change by operation of law of subject of specific bequest between date of will and testator’s
death.
164. Change of subject without testator’s knowledge.
165. Stock specifically bequeathed lent to third party on condition that it be replaced.
166. Stock specifically bequeathed sold but replaced, and belonging to testator at his death.
167. Non-liability of executor to exonerate specific legatees.
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SECTIONS
168. Compeletion of testator’s title to things bequeathed to be at cost of his estate.
169. Exoneration of legatee’s immoveable property for which land-revenue or rent payable
periodically.
170. Exoneration of specific legatee’s stock in joint-stock company.
CHAPTER XVIII.—Of Bequests of Things described in General Terms
171. Bequest of thing described in general terms.
CHAPTER XIX.—Of Bequests of the Interest or Produce of a Fund
172. Bequest of interest or produce of fund.
CHAPTER XX.—Of Bequests of Annuities
173. Annuity created by will payable for life only unless contrary intention appears by will.
174. Period of vesting where will directs that annuity be provided out of proceeds of property, or out
of property generally, or where money bequeathed to be invested in purchase of annuity.
175. Abatement of annuity.
176. Where gift of annuity and residuary gift, whole annuity to be first satisfied.
CHAPTER XXI.—Of Legacies to creditors and Portioners
177. Creditor prima facie entitled to legacy as well as debt.
178. Child prima facie entitled to legacy as well as portion.
179. No ademption by-subsequent provision for legatee.
CHAPTER—XXII.—Of Election
180. Circumstances in which election takes place.
181. Devolution of interest relinquished by owner.
182. Testator’s belief as to his ownership immaterial.
183. Bequest for man’s benefit how regarded for purpose of election.
184. Person deriving benefit indirectly not put to election.
185. Person taking in individual capacity under will may In other character elect to take in opposition.
186. Exception to provisions of last six sections.
187. When acceptance of benefit given by will constitutes election to take under will.
188. Circumstances in which knowledge or waiver is presumed or inferred.
189. When testator’s representatives may call upon legatee to elect.
190. Postponement of election in case of disability.
CHAPTER XXIII.—Of Gifts in Contemplation of Death
191. Property transferable by gift made in contemplation of death.
PART VII
PROTECTION OF PROPERTY OF DECEASED
192. Person claiming right by succession to property of deceased may apply for relief against
wrongful possession.
193. Inquiry made by Judge.
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SECTIONS
194. Procedure.
195. Appointment of curator pending determination of proceeding.
196. Powers conferrable on curator.
197. Prohibition of exercise of certain powers by curators.
198. Curator to give security and may receive remuneration.
199. Report from Collector where estate includes revenue paying land.
200. Institution and defence of suits.
201. Allowances to apparent owners pending custody by curator.
202. Accounts to be filed by curator.
203. Inspection of accounts and right of interested party to keep duplicate.
204. Bar to appointment of second curator for same property.
205. Limitation of time for application for curator.
206. Bar to enforcement of Part against public settlement or legal directions by deceased.
207. Court of Wards to be made curator in case of minors having property subject to its jurisdiction.
208. Saving of right to bring suit.
209. Effect of decision of summary proceeding.
210. Appointment of public curators.
PART VIII
REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION
211. Character and property of executor or administrator as such.
212. Right to intestate’s property.
213. Right as executor or legatee when established.
214. Proof of representative title a condition precedent to recovery through the Courts of debts from
debtors of deceased persons.
215. Effection certificate of subsequent probate or letters of administration.
216. Grantee of probate or administration alone to sue, etc., until same revoked.
PART IX
PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED
217. Application of Part.
CHAPTER I.—Of Grant of Probate and Letters of Administration
218. To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist,
Sikh, Jaina or exempted person.
219. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.
220. Effect of letters of administration.
221. Acts not validated by administration.
222. Probate only to appointed executor.
223. Persons to whom probate cannot be granted.
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SECTIONS
224. Grant of probate to several executors simultaneously or at different times.
225. Separate probate of codicil discovered after grant of probate.
226. Accrual of representation to surviving executor.
227. Effect of probate.
228. Administration, with copy annexed, of authenticated copy of will proved abroad.
229. Grant of administration where executor has not renounced.
230. Form and effect of renunciation of executorship.
231. Procedure where executor renounces or fails to accept within time limited.
232. Grant of administration to universal or residuary legatees.
233. Right to administration of representative of deceased residuary legatee.
234. Grant of administration where no executor, nor residuary legatee nor representative of such
legatee.
235. Citation before grant of administration to legatee other than universal or residuary.
236. To whom administration may not be granted.
236A. Laying of rules before State Legislature.
CHAPTER II—Of Limited Grants
_Grants limited in duration_
237. Probate of copy or draft of lost will.
238. Probate of contents or lost of destroyed will.
239. Probate of copy where original exists.
240. Administration until will produced.
_Grants for the use and benefit of others having right_
241. Administration, with will annexed, to attorney of absent executor.
242. Administration, with will annexed to attorney of a absent person who, if present, would be
entitled to administer.
243. Administration to attorney of absent person entitled to administer in case of intestacy.
244. Administration during minority of sole executor or residuary legatee.
245. Administration during minority of several executors or residuary legatee.
246. Administration for use and benefit of lunatic or minor.
247. Administration pendente lite.
_Grants for special purposes_
248. Probate limited to purpose specified in will.
249. Administration, with will annexed, limited to particular purpose.
250. Administration limited to property in which person has beneficial interest.
251. Administration limited to suit.
252. Administration limited to purpose of becoming party to suit to be brought against administrator.
253. Administration limited to collection and preservation of deceased’s property.
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SECTIONS
254. Appointment, as administrator, of person other than one who, in ordinary circumstances, would
be entitled to administration.
_Grants with exception_
255. Probate or administration, with will annexed, subject to exception.
256. Administration with exception.
_Grants of the rest_
257. Probate or administration of rest.
_Grant of effects unadministered_
258. Grant of effects unadministered.
259. Rules as to grants of effects unadministered.
260. Administration when limited grant expired and still some part of estate unadministered.
CHAPTER III.—Alteration and Revocation of Grants
261. What errors may be rectified by Court.
262. Procedure where codicil discovered after grant of administration with will annexed.
263. Revocation or annulment for just cause.
CHAPTER IV.—Of the Practice in granting and revoking Probates and
_Letters of Administration_
264. Jurisdiction of District Judge in granting and revoking probates, etc.
265. Power to appoint delegate of District Judge to deal with non-contentious cases.
266. District Judge’s powers as to grant of probate and administration.
267. District Judge may order person to produce testamentary papers.
268. Proceedings of District Judge’s Court in relation to probate and administration.
269. When and how District Judge to interfere for protection of property.
270. When probate or administration may be granted by District Judge.
271. Disposal of application made to Judge of district in which deceased had no fixed abode.
272. Probate and letters of administration may be granted by Delegate.
273. Conclusiveness of probate or letters of administration.
274. Transmission to High Courts of certificate of grants under proviso to section 273.
275. Conclusiveness of application for probate or administration if properly made and verified.
276. Petition for probate.
277. In what cases translation of will to be annexed to petition. Verification of translation by person
other than Court translator.
278. Petition for letters of administration.
279. Addition to statement in petition, etc., for probate or letters of administration in certain cases.
280. Petition for probate, etc., to be signed and verified.
281. Verification of petition for probate, by one witness to will.
282. Punishment for false averment in petition or declaration.
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SECTIONS
283. Powers of District Judge.
284. Caveats against grant of probate or administration.
285. After entry of caveat, no proceeding taken on petition until after notice to caveator.
286. District Delegate when not to grant probate or administration.
287. Power to transmit statement to District Judge in doubtful cases where no contention.
288. Procedure where there is contention of District Delegate thinks probate or letters of
administration should be refused in his Court.
289. Grant of probate to be under seal of Court.
290. Grant of letters of administration to be under seal of Court.
291. Administration-bond
292. Assignment of administration-bond.
293. Time for grant of probate and administration.
294. Filing of original wills of which probate or administration with will annexed granted.
295. Procedure in contentious cases.
296. Surrender of revoked probate or letters of administration.
297. Payment to executor or administrator before probate or administration revoked.
298. Power to refuse letters of administration.
299. Appeals from orders of District Judge.
300. Concurrent jurisdiction of High Court.
301. Removal of executor or administrator and provision for successor.
302. Directions to executor or administrator.
CHAPTER V.—Of Executors of their own Wrong
303. Executor of his own wrong.
304. Liability of executor of his own wrong.
CHAPTER VI.—Of the Powers of an Executor or Administrator
305. In respect of causes of action surviving deceased and debts due at death.
306. Demands and rights of action of or against deceased survive to and against executor or
administrator.
307. Power of executor or administrator to dispose of property.
308. General powers of administration.
309. Commission or agency charges.
310. Purchase by executor or administrator of deceased’s property.
311. Powers of several executors or administrators exercisable by one.
312. Survival of powers on death of one of several executors or administrators.
313. Powers of administrator of effects unadministered.
314. Powers of administrator during minority.
315. Powers of married executrix or administratrix.
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CHAPTER VII.—Of the Duties of an Executor or Administrator
SECTIONS
316. As to deceased’s funeral.
317. Inventory and account.
318. Inventory to include property in any part of India in certain cases.
319. As to property of, and debts owing to, deceased.
320. Expenses to be paid before all debts.
321. Expenses to be paid next after such expenses.
322. Wages for certain services to be next paid, and then other debts.
323. Save as aforesaid, all debts to be paid equally and rateably.
324. Application of moveable property to payment of debts where domicile not in India.
325. Debts to be paid before legacies.
326. Executor or administrator not bound to pay legacies without indemnity.
327. Abatement of general legacies.
328. Non-abatement of specific legacy when assets sufficient to pay debts.
329. Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.
330. Rateable abatement of specific legacies.
331. Legacies treated as general for purpose of abatement.
CHAPTER VIII.—Of assent to a legacy by Executor or Administrator
332. Assent necessary to complete legatee’s title.
333. Effect of executor’s assent to specific legacy.
334. Conditional assent.
335. Assent of executor to his own legacy.
336. Effect of executor’s assent.
337. Executor when to deliver legacies.
CHAPTER IX.—Of the Payment and Apportionment of Annuities
338. Commencement of annuity when no time fixed by will.
339. When annuity, to be paid quarterly or monthly, first falls due.
340. Dates of successive payments when first payment directed to be made within a given time or on
day certain: death of annuitant before date of payment.
CHAPTER X.—Of the Investment of Funds to Provide for Legacies
341. Investment of sum bequeathed, where legacy, not specific, given for life.
342. Investment of general legacy, to be paid at future time: disposal of intermediate, interest.
343. Procedure when no fund charged with, or appropriated to, annuity.
344. Transfer to residuary legatee of contingent bequest.
345. Investment of residue bequeathed for life, without direction to invest in particular securities.
346. Investment of residue bequeathed for life, with direction to invest in specified securities.
347. Time and manner of conversion and investment.
-----
SECTIONS
348. Procedure where minor entitled to immediate payment or possession of bequest, and no direction
to pay to person on his behalf.
CHAPTER XL.—Of the Produce and Interest of Legacies
349. Legatee’s title to produce of specific legacy.
350. Residuary legatee’s title to produce of residuary fund.
351. Interest when no time fixed for payment of general legacy.
352. Interest when time fixed.
353. Rate of interest.
354. No interest on arrears of annuity within first year after testator’s death.
355. Interest on sum to be invested produce annuity.
CHAPTER XII.—Of the Refunding of Legacies
356. Refund of legacy paid under Court’s orders.
357. No refund if paid voluntarily.
358. Refund when legacy has become due on performance of condition within further time allowed
under section 137.
359. When each legatee compellable to refund in proportion.
360. Distribution of assets.
361. Creditor may call upon legatee to refund.
362. When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in
full to refund.
363. When unsatisfied legatee must first proceed against executor, if solvent.
364. Limit to refunding of one legatee to another.
365. Refunding to be without interest.
366. Residue after usual payments to be paid to residuary legatee.
367. Transfer of assets from India to executor or administrator in country of domicile for distribution.
CHAPTER XIII.—Of the Liability of an Executor or Administrator for Devastation
368. Liability of executor or administrator for devastation.
369. Liability of executor or administrator for neglect to get any part of property.
PART X
SUCCESSION CERTIFICATES
370. Restriction on grant of certificates under this part.
371. Court having jurisdiction to grant certificate.
372. Application for certificate.
373. Procedure on application.
374. Contents of certificate.
375. Requisition of security from grantee of certificate.
376. Extension of certificate.
-----
SECTIONS
377. Forms of certificate and extended certificate.
378. Amendment of certificate in respect of powers as to securities.
379. Mode of collecting court-fees on certificates.
380. Local extent of certificate.
381. Effect of certificate.
382. Effect of certificate granted or extended by Indian representative in Foreign State and in certain
other cases.
383. Revocation of certificate.
384. Appeal.
385. Effect on certificate of previous certificate, probate or letters of administration.
386. Validation of certain payments made in good faith to holder of invalid certificate.
387. Effect of decisions under this Act, and liability of holder of certificate thereunder.
388. Investiture of inferior courts with jurisdiction of District Court for purposes of this Act.
389. Surrender of superseded and invalid certificates.
390. Provisions with respect to certificates under Bombay Regulation VIII of 1827.
PART XI
MISCELLANEOUS
391 Saving.
392. [Repealed.].
SCHEDULE I.—TABLE OF CONSANGUINITY.
SCHEDULE II.—
PART I.—ORDER OF NEXT-OF-KIN IN CASE OF PARSI INTESTATES REFERRED TO IN SECTION
54.
PART II.—ORDER OF NEXT-OF-KIN IN CASE OF PARSI INTESTATES REFERRED TO IN SECTION
55.
SCHEDULE III.—PROVISIONS OF PART VI APPLICABLE TO CERTAIN WILLS AND CODICILS
DESCRIBED IN SECTION 57.
SCHEDULE IV.—FORM OF CERTIFICATE.
SCHEDULE V.—FORM OF CAVEAT.
SCHEDULE VI.—FORM OF PROBATE.
SCHEDULE VII.—FORM OF LETTERS OF ADMINISTRATION.
SCHEDULE VIII.—FORMS OF CERTIFICATE AND EXTENDED CERTIFICATE.
SCHEDULEIX.—[Repealed.]
-----
# THE INDIAN SUCCESSION ACT, 1925
ACT NO. 39 OF 1925[1]
[30th September, 1925.]
# An Act to consolidate the law applicable to intestate and testamentary succession [2]***.
WHEREASit is expedient to consolidate the law applicable to intestate and testamentary
succession [2]***. It is hereby enacted as follows:—
PART I
PRELIMINARY
**1. Short title.—This Act may be called the Indian Succession Act, 1925.**
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) “administrator” means a person appointed by competent authority to administer the estate of a
deceased person when there is no executor;
(b) “codicil” means an instrument made in relation to a Will, and explaining, altering or adding to
its dispositions, and shall be deemed to form part of the Will;
3[(bb) “District Judge” means the Judge of a Principal Civil Court of original jurisdiction;]
(c) “executor” means a person to whom the execution of the last Will of a deceased person is, by
the testator's appointment, confided;
4[(cc) “India” means the territory of India excluding the State of Jammu and Kashmir;]
(d) “Indian Christian” means a native of India who is, or in good faith claims to be, of unmixed
Asiatic descent and who professes any form of the Christian religion;
(e) “minor” means any person subject to the Indian Majority Act, 1875 (9 of 1875) who has not
attained his majority within the meaning of that Act, and any other person who has not completed the
age of eighteen years; and “minority” means the status of any such person;
(f) “probate” means the copy of a will certified under the seal of a court of competent jurisdiction
with a grant of administration to the estate of the testator;
5[(g) “State” includes any division of India having a court of the last resort;] and
(h) “will” means the legal declaration of the intention of a testator with respect to his property
which he desires to be carried into effect after his death.
**3. Power of State Government to exempt any race, sect or tribe in the State from operation of**
**Act.—(1) The State Government may, by notification in the Official Gazette, either retrospectively from**
the sixteenth day of March, 1865, or prospectively, exempt from the operation of any of the following
provisions of this Act, namely, sections 5 to 49, 58 to 191, 212, 213 and 215 to 369, themembers of any
race, sect or tribe in the State, or of any part of such race, sect or tribe, to whom the State Government
considers it impossible or inexpedient to apply such provisions or any of them mentioned in the order.
1. The Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941), to Manipur by the Union Territories (Laws)
Amendment Act, 1956 (68 of 1956) and to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First
Schedule.
2. The words “in the Provinces of India” omitted by the A.O. 1950.
3. Ins. by Act 18 of 1929, s. 2 (w.e.f. 1-10-1929).
4. Ins. by Act 3 of 1951, s. 3 and the Schedule (w.e.f. 1-4-1951).
5. Subs. by s. 3 and the Schedule, ibid., for clause (g)(w.e.f. 1-4-1951).
-----
(2) The State Government may, by a like notification, revoke any such order, but not so that the
revocation shall have retrospective effect.
(3) Persons exempted under this section or exempted from the operation of any of the provisions of
the Indian Succession Act, 1865[1] (10 of 1865), under section 332 of that Act are in this Act referred to as
“exempted persons”.
PART II
OF DOMICILE
**4. Application of Part.—This Part shall not apply if the deceased was a Hindu, Muhammadan,**
Buddhist, Sikh or Jaina.
**5. Law regulating succession to deceased person’s immoveable and moveable property,**
**respectively.—(1) Succession to the immoveable property in [2][India], of a person deceased shall be**
regulated by the law of [2][India], wherever such person may have had his domicile at the time of his death.
(2) Succession to the moveable property of a person deceased is regulated by the law of the country in
which such person had his domicile at the time of his death.
_Illustrations_
(i) A, having his domicile in [2][India], dies in France, leaving moveable property in France, moveable property
in England, and property, both moveable and immoveable, in [2][India]. The succession to the whole is regulated by
the law of [2][India].
(ii) A, an Englishman, having his domicile in France, dies in [2][India], and leaves property, both moveable and
immoveable, in [2][India]. The succession to the moveable property is regulated by the rules which govern, in France,
the succession to the moveable property of an Englishman dying domiciled in France, and the succession to the
immoveable property is regulated by the law of [2][India].
**6. One domicile only affects succession to moveables.—A person can have only one domicile for**
the purpose of the succession to his moveable property.
**7. Domicile of origin of person of legitimate birth.—The domicile of origin of every person of**
legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a
posthumous child, in the country in which his father was domiciled at the time of the father’s death.
_Illustration_
At the time of the birth of A, his father was domiciled in England. A’s domicile of origin kiln England,
whatever may be the country in which he was born.
**8. Domicile of origin of illegitimate child.—The domicile of origin of an illegitimate child is in the**
country in which, at the time of his birth, his mother was domiciled.
**9. Continuance of domicile of origin.—The domicile of origin prevails until a new domicile has**
been acquired.
**10. Acquisition of new domicile.—A man acquires a new domicile by taking up his fixed habitation**
in a country which is not that of his domicile of origin.
_Explanation.—A man is not to be deemed to have taken up his fixed habitation in [2][India] merely by_
reason of his residing therein [3][the civil, military, naval or air force service of Government], or in the
exercise of any profession or calling.
1. Rep. by this Act.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”.
3. Subs. by the A.O. 1950, for “His Majesty’s civil, military, naval or air force service”.
-----
_Illustrations_
(i) A, whose domicile of origin is in England, proceeds to [1][India], where he settles as a barrister or a merchant,
intending to reside there during the remainder of his life. His domicile is now in [1][India].
(ii) A, whose domicile is in England, goes to Austria, and enters the Austrian service, intending to remain in
that service. A has acquired a domicile in Austria.
(iii) A, whose domicile of origin is in France, comes to reside in[1][India] under an engagement with the Central
Government for a certain number of years. It is his intention to return to France at the end of that period. He does
not acquire a domicile in [1][India].
(iv) A, whose domicile is in England, goes to reside in [1][India] for the purpose of winding up the affairs of a
partnership which has been dissolved, and with the intention of returning to England as soon as that purpose is
accomplished. He does not by such residence acquire a domicile in [1][India], however, long the residence may last.
(v) A, having gone to reside in [1][India] in the circumstances mentioned in the last preceding illustration,
afterwards alters his intention, and takes up his fixed habitation in [1][India]. A has acquired a domicile in [1][India].
(vi) A, whose domicile is in the French Settlement of Chandernagore, is compelled by political events to take
refuge in Calcutta, and resides in Calcutta for many years in the hope of such political changes as may enable him to
return with safety to Chandernagore. He does not by such residence acquire a domicile in [1][India].
(vii) A, having come to Calcutta in the circumstances stated in the last preceding illustration, continues to reside
thereafter such political changes have occurred as would enable him to return with safety to Chandernagore, and he
intends that his residence in Calcutta shall be permanent. A, has acquired a domicile in [1][India].
**11. Special mode of acquiring domicile in India.—Any person may acquire a domicile in [1][India] by**
making and depositing in some office in [1][India] appointed in this behalf by the State Government, a
declaration in writing under his hand of his desire to acquire such domicile; provided that he has been
resident in [1][India] for one year immediately preceding the time of his making such declaration.
**12. Domicile not acquired by residence as representative of foreign Government, or as part of**
**his family.—A person who is appointed by the Government of one country to be its ambassador, consul**
or other representative in another country does not acquire a domicile in the latter country by reason only
of residing there in pursuance of his appointment; nor does any other person acquire such domicile by
reason only of residing with such first-mentioned person as part of his family, or as a servant.
**13. Continuance of new domicile.—A new domicile continues until the former domicile has been**
resumed or another has been acquired.
**14. Minor’s domicile.—The domicile of a minor follows the domicile of the parent from whom he**
derived his domicile of origin.
_Exception.—The domicile of a minor does not change with that of his parent, if the minor is married,_
or holds any office or employment in the service of Government, or has set up, with the consent of the
parent, in any distinct business.
**15. Domicile acquired by woman on marriage.—By marriage a woman acquires the domicile of**
her husband, if she had not the same domicile before.
**16. Wife’s domicile during marriage.—A wife’s domicile during her marriage follows the domicile**
of her husband.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”.
-----
_Exception.—Thewife’s domcile no longer follows that of her husband if they are separated by the_
sentence of a competent Court, or if the husband is undergoing a sentence of transportation.
**17. Minor’s acquisition of new domicile.—Save as hereinbefore otherwise provided in this Part, a**
person cannot, during minority, acquire a new domicile.
**18. Lunatic’s acquisition of new domicile.—An insane person cannot acquire a new domicile in any**
other way than by his domicile following the domicile of another person.
**19. Succession to moveable property in India in absence of proof of domicile elsewhere.—If a**
person dies leaving moveable property in [1][India], in the absence of proof of any domicile elsewhere,
succession to the property is regulated by the law of [1][India].
PART III
MARRIAGE
**20. Interests and powers not acquired nor lost by marriage.—(1) No person shall, by marriage,**
acquire any interest in the property of the person whom he or she marries or become incapable of doing
any act in respect of his or her own property which he or she could have done if unmarried.
(2) This section—
shall not apply to any marriage contracted before, the first day of January, 1866;
shall not apply, and shall be deemed never to have applied, to any marriage, one or both of the parties
to which professed at the time of the marriage the Hindu, Muhammadan, Buddhist, Sikh orJaina religion.
**21. Effect of marriage between person domiciled and one not domiciled in India.—If a person**
whose domicile is not in [1][India] marries in [1][India] a person whose domicile is in [1][India], neither party
acquires by the marriage any rights in respect of any property of the other party not comprised in a
settlement made previous to the marriage, which he or she would not acquire thereby if both were
domiciled in [1][India] at the time of the marriage.
**22. Settlement of minor’s property in contemplation of marriage.—(1) The property of a minor**
may be settled in contemplation of marriage, provided the settlement is made by the minor with the
approbation of the minor’s father, or, if the father is dead or absent from [1][India], with the approbation of
the High Court.
(2) Nothing in this section or in section 21 shall apply to any will made or intestacy occurring before
the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu,
Muhammadan, Buddhist, Sikh or Jaina.
PART IV
OF CONSANGUINITY
**23. Application of Part.—Nothing in this Part shall apply to any will made or intestacy occurring**
before the first day of January, 1866, or to intestate or testamentary succession to the property of any
Hindu, Muhammadan, Buddhist, Sikh, Jaina or Parsi.
**24. Kindred or consanguinity.—Kindred or consanguinity is the connection or relation of persons**
descended from the same stock or common ancestor.
**25. Lineal consanguinity.—(1) Lineal consanguinity is that which subsists between two persons, one**
of whom is descended in a direct line from the other, as between a man and his father, grandfather and
great-grandfather, and so upwards in the direct ascending line; or between a man andhis son, grandson,
great-grandson and so downwards in the direct descending line.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”.
-----
(2) Every generation constitutes a degree, either ascending or descending.
(3) A person’s father is related to him in the first degree, and so likewise is his son; his grandfather
and grandson in the second degree; his great-grandfather and great-grandson in the third degree, and so
on.
**26. Collateral consanguinity.—(1) Collateral consanguinity is that which subsists between two**
persons who are decended from the same stock or ancestor, but neither of whom is descended in a direct
line from the other.
(2) For the purpose of ascertaining in what degree of kindred any collateral relative stands to a person
deceased, it is necessary to reckon upwards from the person deceased to the common stock and then
downwards to the collateral relative, a degree being allowed for each person, both ascending and
descending.
**27. Persons held for purpose of succession to be similarly related to deceased.—For the purpose**
of succession, there is no distinction—
(a) between those who are related to a person deceased through his father, and those who are
related to him through his mother; or
(b) between those who are related to a person deceased by the full blood, and those who are
related to him by the half blood; or
(c) between those who were actually born in the lifetime of a person deceased and those who at
the date of his death were only conceived in the womb, but who have been subsequently born alive.
**28. Mode of computing of degrees of kindred.—Degrees of kindred are computed in the manner set**
forth in the table of kindred set out in Schedule I.
_Illustrations_
(i) The person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the
table, related in the fourth degree; there being one degree of ascent to the father, and another to the common
ancestor, the grandfather; and from him one of descent to the uncle, and another to the cousin-german, making in all
four degrees.
(ii) A grandson of the brother and a son of the uncle, i.e., a great-nephew and a cousin-german, are in equal
degree, being each four degrees removed.
(iii) A grandson of a cousin-german is in the same degree as the grandson of a great-uncle, for they are both in
the sixth degree of kindred.
PART V
INTESTATE SUCCESSION
CHAPTER I.—Preliminary
**29. Application of Part.—(1) This Part shall not apply to any intestacy occurring before the first day**
of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina.
(2) Save as provided in sub-section (1) or by any other law for the time being in force, the provisions
of this Part shall constitute the law of [1][India] in all cases of intestacy.
**30. As to what property deceased considered to have died intestate.—A person is deemed to die**
intestate in respect of all property of which he has not made a testamentary disposition which is capable
of taking effect,
1. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”.
-----
_Illustrations_
(i) A has left no will. He has died intestate in respect of the whole of his property.
(ii) A has left a will, whereby he has appointed B his executor; but the will contains no other provision. A has
died intestate in respect of the distribution of his property.
(iii) A has bequeathed his whole property for an illegal purpose. A has died intestate in respect of the
distribution of his property.
(iv) A has bequeathed 1,000 rupees to B and 1,000 rupees to the eldest son of C, and has made no other bequest;
and has died leaving the sum of 2,000 rupees and no other property. C died before A without having ever had a son.
A has died intestate in respect of the distribution of 1,000 rupees.
CHAPTERII.—Rules in cases of Intestates other than Parsis
**31. Chapter not to apply to Parsis.—Nothing in this Chapter shall apply to Parsis.**
**32. Devolution of such property.—The property of an intestate devolves upon the wife or husband,**
or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter
contained in this Chapter.
1* - - -
**33. Where intestate has left widow and lineal descendants, or widow and kindred only, or**
**widow and no kindred.—Where the intestate has left a widow—**
(a) if he has also left any lineal descendants, one-third of his property shall belong to his widow,
and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter
contained;
(b) [2][save as provided by section 33A], if he has left no lineal descendant, but has left persons
who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall
go to those who are kindred to him, in the order and according to the rules hereinafter contained;
(c)if he has left none who are of kindred to him, the whole of his property shall belong to his
widow.
3[33A. Special provision where intestate has left widow and no lineal descendants.—(1) Where
the intestate has left a widow but no lineal descendants and the nett value of his property does not exceed
five thousand rupees, the whole of his property shall belong to the widow.
(2) Where the nett value of the property exceeds the sum of five thousand rupees, the widow shall be
entitled to five thousand rupees thereof and shall have a charge upon the whole of such property for such
sum of five thousand rupees, with interest thereon from the date of the death of the intestate at 4 per cent.
per annum until payment.
(3) The provision for the widow made by this section shall be in. addition and without prejudice to
her interest and share in the residue of the estate of such intestate remaining after payment of the said
sum of five thousand rupees with interest as aforesaid, and such residue shall be distributed in
accordance with the provisions of section 33 as if it were the whole of such intestate’s property.
(4) The nett value of the property shall be ascertained by deducting from the gross value thereof all
debts, and all funeral and administration expenses of the intestate, and all other lawful liabilities and
charges to which the property shall be subject.
1. The Explanation omitted by Act 26 of 2002, s. 2 (w.e.f. 27-5-2002).
2. Ins. by Act 40 of 1926, s. 2.
3. Ins. by s. 3, ibid.
-----
(5) This section shall not apply—
(a) to the property of—
(i) any Indian Christian,
(ii) any child or grandchild of any male person who is or was at the time of his death an
Indian Christian, or
(iii) any person professing the Hindu, Buddhist, Sikh or Jaina religion the succession to
whose property is, under section 24 of the Special Marriage Act, 1872 (3 of 1872), regulated by
the provisions of this Act;
(b) unless the deceased dies intestate in respect of all his property.]
**34. Where intestate has left no widow, and where he has left no kindred.—Where the intestate**
has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him,
not being lineal descendants, according to the rules hereinafter contained; and, if he has left none who are
of kindred to him, it shall go to the Government.
**35. Rights of widower.—A husband surviving his wife has the same rights in respect of her property,**
if she dies intestate, as a widow has in respect of her husband’s property, if he dies intestate.
_Distribution where there are lineal descendants_
**36. Rules of distribution.—The rules for the distribution of the intestate’s property (after deducting**
the widow’s share, if he has left a widow) amongst his lineal descendants shall be those contained in
sections 37 to 40.
**37. Where intestate has left child or children only.—Where the intestate has left surviving him a**
child or children, but no more remote lineal descendant through a deceased child, the property shall
belong to his surviving child, if there is only one, or shall be equally divided among all his surviving
children.
**38. Where intestate has left no child, but grandchild or grandchildren.—Where the intestate has**
not left surviving him any child but has left a grandchild or grandchildren and no more remote descendant
through a deceased grandchild, the property shall belong to his surviving grandchild if there is one, or
shall be equally divided among all his surviving grandchildren.
_Illustrations_
(i) A has three children, and no more, John, Mary and Henry. They all die before the father, John leaving two
children, Mary three and Henry four. Afterwards A dies intestate, leaving those nine grandchildren and no
descendant of any decreased grandchild. Each of his grandfather will have one-ninth.
(ii) But if Henry has died, leaving no child, then the whole is equally divided between the intestate's five
grandchildren, the children of John and Mary.
**39. Where intestate has left only great-grandchildren or remoter lineal descendants.—In like**
manner the property shall go to the surviving lineal descendants who are nearest in degree to the intestate,
where they are all in the degree of great-grandchildren to him, or are all in a more remote degree.
**40. Where intestate leaves lineal descendants not all in same degree of kindred to him, and those**
**through whom the more remote are descended are dead.—(1) If the intestate has left lineal**
descendants who do not all stand in the same degree of kindred to him, and the persons through whom the
more remote are descended from him are dead, the property shall be divided into such a number of equal
shares as may correspond with the number of the lineal descendants of the intestate who either stood in
the nearest degree of kindred to him at his decease, or, having been of the like degree of kindred to him,
died before him, leaving lineal descendants who survived him.
-----
(2) One of such shares shall be allotted to each of the lineal descendants who stood in the nearest
degree of kindred to the intestate at his decease; and one of such shares shall be allotted in respect ofeach
of such deceased lineal descendants; and the share allotted in respect of each of such deceased lineal
descendants shall belong to his surviving child or children or more remote lineal descendants, as the case
may be; such surviving child or children or more remote lineal descendants always taking the share which
his or their parent or parents would have been entitled to respectively if such parent or parents had
survived the intestate.
_Illustrations_
(i) A had three children, John, Mary and Henry; John died, leaving four children, and Mary died, leaving one,
and Henry alone survived the father. On the death of A, intestate, one-third is allotted to Henry, one-third to John’s
four children, and the remaining third to Mary’s one child.
(ii) A left no child, but left eight grandchildren, and two children of a deceased grandchild. The property is
divided into nine parts, one of which is allotted to each grandchild, and the remaining one-ninth is equally divided
between the two great-grandchildren.
(iii) A has three children, John, Mary and Henry; John dies leaving four children; and one of John’s children
dies leaving two children. Mary dies leaving one child. A afterwards dies intestate. One-third of his property is
allotted to Henry, one-third to Mary’s child, and one-third is divided into four parts, one of which is allotted to each
of John’s three surviving children, and the remaining part is equally divided between John’s two grandchildren.
(iv) A has two children, and no more, John and Mary. John dies before his father, leaving his wife pregnant.
Then A dies leaving Mary surviving him, and in due time a child of John is born. A’s property is to be equally
divided between Mary and the posthumous child.
_Distribution where there are no lineal descendants_
**41. Rules of distribution where intestate has left no lineal descendants.—Where an intestate has**
left no linal descendants, the rules for the distribution of his property (after deducting the widow’s share,
if he has left a widow) shall be those contained in sections 42 to 48.
**42. Where intestate's father living.—If the intestate’s father is living, he shall succeed to the**
property.
**43. Where intestate’s father dead, but his mother, brothers and sisters living.—If the intestate’s**
father is dead, but the intestate’s mother is living and there are also brothers or sisters of the intestate
living, and there is no child living of any deceased brother or sister, the mother and each living brother or
sister shall succeed to the property in equal shares.
_Illustration_
A dies intestate, survived by his mother and two brothers of the full blood, John and Henry, and a sister Mary,
who is the daughter of his mother but not of his father. The mother takes one-fourth, each brother takes one-fourth
and Mary, the sister of half blood, takes one-fourth.
**44. Where intestate’s father dead and his mother, a brother or sister, and children of any**
**deceased brother or sister, living.—If the intestate’s father is dead but the intestate’s mother is living,**
and if any brother or sister and the child or children of any brother or sister who may have died in the
intestate’s lifetime are also living, then the mother and each living brother or sister, and the living child or
children of each deceased brother or sister, shall be entitled to the property in equal shares, such children
(if more than one) taking in equal shares only the shares which their respective parents would have taken
if living at the intestate’s death.
_Illustration_
A, the intestate, leaves his mother, his brothers John and Henry, and also one child of a deceased sister, Mary,
and two children of George, a deceased brother of the half blood who was the son of his father but not of his mother.
The mother takes one-fifth, John and Henry each takes one-fifth, the child of Mary takes one-fifth, and the two
children of George divide the remaining one-fifth equally between them.
-----
**45. Where intestate’s father dead and his mother and children of any deceased brother or sister**
**living.—If the intestate’s father is dead, but the intestate’s mother is living, and the brothers and sisters**
are all dead, but all or any of them have left children who survived the intestate, the mother and the child
or children of each deceased brother or sister shall be entitled to the property in equal shares, such
children (if more than one) taking in equal shares only the shares which their respective parents would
have taken if living at the intestate’s death.
_Illustration_
A, the intestate, leaves no brother or sister but leaves his mother and one child of a deceased sister, Mary, and two
children of a deceased brother, George. The mother takes one-third, the child of Mary takes one-third, and the
children of George divide the remaining one-third equally between them.
**46. Where intestate’s father dead, but his mother living and no brother, sister, nephew or**
**niece.—If the intestate’s father is dead, but the intestate’s mother is living, and there is neither brother,**
nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother.
**47. Where intestate has left neither lineal descendant, nor father, nor mother.—Where the**
intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally
between his brothers and sisters and the child or children of such of them as may have died before him,
such children (if more than one) taking in equal shares only the shares which their respective parents
would have taken if living at the intestate’s death.
**48. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.—**
Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall
be divided equally among those of his relatives who are in the nearest degree of kindred to him.
_Illustrations_
(i) A, the intestate, has left a grandfather, and a grandmother and no other relative standing in the same or
a nearer degree of kindred to him. They, being in the second degree, will be entitled to the property in equal
shares, exclusive of any uncle or aunt of the intestate, uncles and aunts being only in the third degree.
(ii) A, the intestate, has left a great-grandfather, or a great-grandmother, and uncles and aunts, and no other
relative standing in the same or a nearer degree of kindred to him. All of these being in the third degree will take
equal shares.
(iii) A, the intestate, left a great-grandfather, an uncle and a nephew, but no relative standing in a nearer degree
of kindred to him. All of these being in the third degree will take equal shares.
(iv) Ten children of one brother or sister of the intestate, and one child of another brogher or sister of the
intestate, constitute the class of relatives of the nearest degree of kindred to him. They will each take one-eleventh of
the property.
**49. Children’s advancements not brought into hotchpot.—Where a distributive share in the**
property of a person who has died intestate is claimed by a child, or any descendant of a child, of such
person, no money or other property which the intestate may, during his life, have paid, given or settled to,
or for the advancement of, the child by whom or by whose descendant the claim is made shall be taken
into account in estimating such distributive share.
CHAPTERIII.—Special Rules for Parsi Intestates
1[50. General principles relating to intestate succession.—For the purpose of intestate succession
among Parsis—
(a) there is no distinction between those who were actually born in the lifetime of a person
deceased and those who at the date of his death were only conceived in the womb, but who have been
subsequently born alive;
1. Subs. by Act 17 of 1939, s. 2, for sections 50 to 56 (w.e.f. 12-6-1939).
-----
(b) a lineal descendant of an intestate who has died in the lifetime of the intestate without leaving
a widow or widower or any lineal descendant or [1][a widow or widower of any lineal descendant] shall
not be taken into account in determining the manner in which the property of which the intestate has
died intestate shall be divided; and
(c) where a [2][widow or widower of any relative] of an intestate has married again in the lifetime
of the intestate, [3][such widow or widower] shall not be entitled to receive any share of the property of
which the intestate has died intestate, and [3][such widow or widower] shall be deemed not to be
existing at the intestate’s death.
4[51. Division of intestate’s property among widow, widower, children and parents.—(1) Subject
to the provisions of sub-section (2), the property of which a Parsi dies intestate shall he divided,—
(a) where such Parsi dies leaving a widow or widower and children, among the widow or
widower, and children so that the widow or widower and each child received equal shares;
(b) where such Parsi dies leaving children, but no widow or widower, among the children in
equal shares.
(2) Where a Parsi dies leaving one or both parents in addition to children or widow or widower and
children, the property of which such Parsi dies intestate shall be so divided that the parent or each of the
parents shall receive a share equal to half the share of each child.]
**53. Division of share of predeceased child of intestate leaving lineal descendants.—In all cases**
where a Paris dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of
the intestate, the division of the share of the property of which the intestate has died intestate which such
child would have taken if living at the intestate's death shall be in accordance with the following rules,
namely:—
(a) If such deceased child was a son, his widow and children shall take shares in accordance with
the provisions of this Chapter as if he had died immediately after the intestate's death:
Provided that where such deceased son has left a widow or a widow of a lineal descendant but no
lineal descendant, the residue of his share after such distribution has been made shall be divided in
accordance with the provisions of this Chapter as property of which the intestate has died intestate,
and in making the division of such residue the said deceased son of the intestate shall not be taken
into account.
(b) If such deceased child was a daughter, her share shall be divided equally among her children.
(c) If any child of such deceased child has, also died during the lifetime of the intestate, the share
which he or she would have taken if living at the intestate’s death, shall be divided in like manner in
accordance with clause (a) or clause (b), as the case may be.
(d) Where a remoter lineal descendant of the intestate has died during the lifetime of the intestate,
the provisions of clause (c) shall apply mutatis mutandis to the division of any share to which he or
she would have been entitled if living at the intestate’s death by reason of the predecease of all theintestate's lineal descendants directly between him or her and the intestate.
5[54. Division of property where intestate leaves no lineal descendant but leaves a widow or
**widower or a widow or widower of any lineal descendant.—Where a Parsi dies without leaving any**
lineal descendant but leaving a widow or widower or a widow or widower of a lineal descendant, the
property of which the intestate dies intestate shall be divided in accordance with the following rules,
namely:—
(a) if the intestate leaves a widow or widower but no widow or widower of a lineal descendant,
the widow or widower shall take half the said property;
1. Subs. by Act 51 of 1991, s. 2, for “a widow of any lineal descendant” (w.e.f. 9-12-1991).
2. Subs. s. 2, ibid., for “widow of any relative” (w.e.f. 9-12-1991).
3. Subs. by s. 2, ibid., for “she” (w.e.f. 9-12-1991).
4. Subs. by s. 3, ibid., for sections 51 and 52 (w.e.f. 9-12-1991).
5. Subs. by s. 4, ibid.,for section 54 (w.e.f. 9-12-1991).
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(b) if the intestate leaves a widow or widower and also a widow or widower of any lineal
descendant, his widow or her widower shall receive one-third of the said property and the widow or
widower of any lineal descendant shall receive another one-third or if there is more than one such
widow or widower of lineal descendants, the last mentioned one-third shall be divided equally among
them;
(c) if the intestate leaves no widow or widower, but one widow or widower of the lineal
descendant, such widow or widower of the lineal descendant shall receive one-third of the said
property or, if the intestate leaves no widow or widower but -more than one widow or widower of
lineal descendants, two-thirds of the said property shall be divided among such widows or widowers
of the lineal descendants in equal shares;
(d) the residue after the division specified in clause (a), or clause (b) or clause (c) has been made
shall be distributed among the relatives of the intestate in the order specified in Part I of Schedule II;
and the next-of-kin standing first in Part I of that Schedule shall be preferred to those standing
second, the second to the third and so on in succession, provided that the property shall be so
distributed that each male and female standing in the same degree of propinquity shall receive equal
shares;
(e) if there are no relatives entitled to the residue under clause (d), the whole of the residue shall
be distributed in proportion to the shares specified among the persons entitled to receive shares under
this section.]
**55. Division of property where intestate leaves neither lineal descendants nor a widow or**
**widower nor a widow or widower of any lineal descendant.—When a Parsi dies leaving neither lineal**
descendants nor a widow or widower nor [1][a widow or widower of any lineal descendant] his or her nextof-kin, in the order set forth in Part II of Schedule II, shall be entitled to succeed to the whole of the
property of which he or she dies intestate. The next-of-kin standing first in Part II of that Schedule shall
be preferred to those standing second, the second to the third, and so on in succession, provided that the
property shall be so distributed that [2][each male and female standing in the same degree of propinquity
shall receive equal shares.]
**56. Division of property where there is no relative entitled to succeed under the other provisions**
**of this Chapter.—Where there is no relative entitled to succeed under the other provisions of this**
Chapter to the property of which a Parsi has died intestate, the said property shall be divided equally
among those of the intestate's relatives who are in the nearest degree of kindred to him.]
PART VI
TESTAMENTARY SUCCESSION
CHAPTERI.—Introductory
3[57. Application of certain provisions of Part to a class of wills made by Hindus, etc.—The
provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications
specified therein, apply—
(a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day
of September, 1870, within the territories which at the said date were subject to the LieutenantGovernor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High
Courts of Judicature at Madras and Bombay; and
(b) to all such wills and codicils made outside those territories and limits so far as relates to
immoveable property situate within those territories or limits, [4][and
1. Subs. by Act 51 of 1991, s. 5, for “a widow of any lineal descendant (w.e.f. 9-12-1991).
2. Subs. by s. 5,ibid.,for “each male shall take double the share of each female standing in the same degree of propinquity” (w.e.f.
9-12-1991).
3. Sub-section (1) renumbered as section 57 thereof by Act 18 of 1929, s. 3 (w.e.f. 1-10-1929) which was earlier renumbered as
sub-section (1) thereof by Act 37 of 1926, s. 2 (w.e.f. 9-9-1926).
4. Added by s. 3, ibid. (w.e.f. 1-10-1929).
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(c) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of
January, 1927, to which those provisions are not applied by clauses (a) and (b):]
Provided that marriage shall not revoke any such will or codicil.]
1* - - -
**58. General application of Part.—(1) The provisions of this Part shall not apply to testamentary**
succession to the property of any Muhammadan nor, save as provided by section 57, to testamentary
succession to the property of any Hindu, Buddhist, Sikh or Jaina; nor shall they apply to any will made
before the first day of January, 1866.
(2) Save as provided in sub-section (1) or by any other law for the time being in force the provisions
of this Part shall constitute the law of [2][India] applicable to all cases of testatmentary succession.
CHAPTER II—Of Wills and Codicils
**59. Person capable of making wills.—Every person of sound mind not being a minor may dispose**
of his property by will.
_Explanation 1.—A married woman may dispose by will of any property which she could alienate by_
her own act during her life.
_Explanation 2.—Persons who are deaf or dumb or blind are not thereby incapacitated for making a_
will if they are able to know what they do by it.
_Explanation 3.—A person who is ordinarily insane may make a will during interval in which he is of_
sound mind.
_Explanation 4.—No person can make a will while he is in such a state of mind, whether arising from_
intoxication or from illness or from any other cause, that he does not know what he is doing.
_Illustrations_
(i) A can perceive what is going on in his immediate neighbourhood, and can answer familiar questions, but has
not a competent understanding as to the nature of his property, or the persons who are of kindred to him, or in whose
favour it would be proper that he should make his will. A cannot make a valid will.
(ii) A executes an instrument purporting to be his will, but he does not understand the nature of the instrument,
nor the effect of its provisions. This instrument is not a valid will.
(iii) A, being very feeble and debilitated, but capable of exercising a judgment as to the proper mode of
disposing of his property, makes a will. This is a valid will.
**60. Testamentary guardian.—A father, whatever his age may be, may by will appoint a guardian or**
guardians for his child during minority.
**61. Will obtained by fraud, coercion orimportunity.—A will or any part of a will, the making of**
which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the
testator, is void.
_Illustrations_
(i) A, falsely and knowingly represents to the testator, that the testator’s only child is dead, or that he has done
some undutiful act and thereby induces the. testator to make a will in his, A’s favour; such will has been obtained by
fraud, and is
(ii) A, by fraud and deception, prevails upon the testator to bequeath a legacy to him. The bequest is void.
(iii) A, being a prisoner by lawful authority, makes his will. The will is not invalid by reason of the
imprisonment.
1. Sub-section (2) omitted by Act 18 of 1929, s. 3 (w.e.f .1-10-1929) which was earlier inserted by Act 37 of 1926, s. 2 (w.e.f. 9
9-1926).
2. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”.
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(iv) A threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he
makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making
of it having been caused by coercion.
(v) A, being of sufficient intellect, if undistrubed by the influence of others, to make a will yet being so much
under the control of B that he is not a free agent, makes a will, dictated by B. It appears that he would not have
executed the will but for fear of B. The will is invalid.
(vi) A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a will of
a certain purport and does so merely to purchase peace and in submission to B. The will is invalid.
(vii) A being in such a state of health as to be capable of exercising his own judgment and volition, B uses
urgent intercession and persuasion with him to induce him to make a will of a certain purport. A, in consequence of
the intercession and persuasion, but in the free exercise of his judgment and volition makes his will in the manner
recommended by B. The will is not redered invalid by the intercession and persuasion of B.
(viii) A, with a view to obaining a legacy from B, pays him attention and flatters him and thereby produces in
him a capricious partiality to A. B, in consequence of such attention and flattery, makes his will, by which he leaves
a legacy to A. The bequest is not rendered invalid by the attention and flattery of A.
**62. Will may be revoked or altered.—A will is liable to be revoked or altered by the maker of it at**
any time when he is competent to dispose of his property by will.
CHAPTER III.—Of the Execution of unprivileged Wills
**63. Execution of unprivileged wills.—Every testator, not being a soldier employed in an expedition**
or engaged in actual warfare, [1][or an airman so employed or engaged,] or a mariner at sea, shall execute
his will according to the following rules:—
(a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other
person in his presence and by his direction.
(b) The signature or mark of the testator, or the signature of the person signing for him,
shall be so placed that it shall appear that it was intended thereby to give effect to the writing
as a will.
(c) The will shall be attested by two or more witnesses, each of whom has seen the testator
sign or affix his mark to the will or has seen some other person sign the will, in the presence and
by the direction of the testator, or has received from the testator a personal acknowledgment of
his signature or mark, or of the signature of such other person; and each of the witnesses shall
sign the will in the presence of the testator, but it shall not be necessary that more than one
witness be present at the same time, and no particular form of attestation shall be necessary.
**64. Incorporation of papers by reference.—If a testator, in a will or codicil duly attested, refers to**
any other document then actually written as expressing any part of his intentions, such document shall be
deemed to form a part of the will or codicil in which it is referred to.
CHAPTER IV.—Of privileged Wills
**65. Privileged wills.—Any soldier being employed in an expedition or engaged in actual warfare,**
1[or an airman so employed or engaged,] or any mariner being at sea, may, if he has completed the age of
eighteen years, dispose of his property by a will made in the manner provided in section 66. Such wills
are called privileged wills.
1. Ins. by Act 10 of 1927, s. 2 and the First Schedule (w.e.f. 4-4-1927).
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_Illustrations_
(i) A, a medical officer attached to a regiment is actually employed in an expedition. He is a soldier actually
employed in an expedition, and can make a privileged will.
(ii) A is at sea in a merchant-ship, of which he is the purser. He is a mariner, and, being at sea, can make a
privileged will.
(iii) A, a soldier serving in the field against insurgents, is a soldier engaged in actual warfare, and as such can
make a privileged will.
(iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she is lying in harbour. He
is, for the purposes of this section, a mariner at sea, and can make a privileged will.
(v) A, an admiral who commands a naval force, but who lives on shore, and only occasionally goes on board his
ship, is not considered as at sea, and cannot make a privleged will.
(vi) A, a mariner serving on a military expedition, but not being at sea, is considered as a soldier, and can make
a privileged will.
**66. Mode of making, and rules for executing, privileged wills.—(1) Privileged wills may be in**
writing, or may be made by word of mouth.
(2) The execution of privileged wills shall be governed by the following rules:—
(a) The will may be written wholly by the testator, with his own hand. In such case it need not be
signed or attested.
(b) It may be written wholly or in part by another person, and signed by the testator. In such case
it need not be attested.
(c) If the instrument purporting to be a will is written wholly or in part by another person and is
not signed by the testator, it shall be deemed to be his will, if it is shown that it was written by the
testator's directions or that he recognised it as his will.
(d) If it appears on the face of the instrument that the execution of it in the manner intended by
the testator was not completed, the instrument shall not, by reason of that circumstance, be invalid,
provided that his non-execution of it can be reasonably ascribed to some cause other than the
abandonment of the testamentary intentions expressed in the instrument.
(e) If the soldier, [1][airman] or mariner has written instructions for the preparation of his will, but
has died before it could be prepared and executed, such instructions shall be considered to constitute
his will.
(f) If the soldier, [1][airman] or mariner has, in the presence of two witnesses, given verbal
instructions for the preparation of his will, and they have been reduced into writing in his lifetime, but
he has died before the instrument could be prepared and executed, such instructions shall be
considered to constitute his will, although they may not have been reduced into writing in his
presence, nor read over to him.
(g) The soldier, [1][airman] or mariner may make a will by word of mouth by declaring his
intentions before two witnesses present at the same time.
(h) A will made by word of mouth shall be null at the expiration of one month after the testator,
being still alive, has ceased to be entitled to make a privileged will.
CHAPTER V.—Of the Attestation, Revocation, Alteration and Revival of Wills
**67. Effect of gift to attesting witness.—A will shall not be deemed to be insufficiently attested by**
reason of any benefit thereby given either by way of bequest or by way of appointment to any person
attesting it, or to his or her wife or husband; but the bequest or appointment shall be void so far
asconcerns the person so attesting, or the wife or husband of such person, or any person claiming under
either of them.
1. Ins. by Act 10 of 1927, s. 2 and the First Schedule (w.e.f. 4-4-1927).
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_Explanation.—A legatee under a will does not lose his legacy by attesting a codicil which confirms_
the will.
**68. Witness not disqualified by interest or by being executor.—No person, by reason of interest in,**
or of his being an executor of, a will, shall be disqualified as a witness to prove the execution of the will
or to prove the validity or invalidity thereof.
**69. Revocation of will by testator’s marriage.—Every will shall be revoked by the marriage of the**
maker, except a will made in exercise of a power of appointment, when the property over which the
power of appointment is exercised would not, in default of such appointment, pass to his or her executor
or administrator, or to the person entitled in case of intestacy.
_Explanation.—Where a man is invested with power to determine the disposition of property of which_
he is not the owner, he is said to have power to appoint such property.
**70. Revocation of unprivileged will or codicil.—No unprivileged will or codicil, nor any part**
thereof, shall be trevoked otherwise than by marriage, or by another will or codicil, or by some writing
declaring an intention to revoke the same and executed in the manner in which an unprivileged will is
herein before required to be executed, or by the burning, tearing, or otherwise destroying the same by the
testator or by some person in his presence and by his direction with the intention of revoking the same.
_Illustrations_
(i) A has made an unprivileged will. Afterwards, A makes another unprivileged will which purports to revoke
the first. This is a revocation.
(ii) A has made an unprivileged will. Afterwards, A, being entitled to make a privileged will, makes a privileged
will, which purports to revoke his unprivileged will. This is a revocation.
**71. Effect of obliteration, interlineation or alteration in unprivileged will.—No obliteration,**
interlineation or other alteration made in any unprivileged will after the execution thereof shall have any
effect, except so far as the words or meaning of the will have been thereby rendered illegible or
undiscernible, unless such alteration has been executed in like manner as hereinbefore is required for the
execution of the will:
Provided that the will, as so altered, shall be deemed to be duly executed if the signature of the
testator and the subscription of the witnesses is made in the margin or on some other part of the will
opposite or near to such alteration, or at the foot or end of or opposite to a memorandum referring to such
alteration, and written at the end or some other part of the will.
**72. Revocation of privileged will or codicil.—A privileged will or codicil, may be revoked by the**
testator by an unprivileged will .or codicil, or by any act expressing an intention to revoke it and
accompanied by such formalities as would be sufficient to give validity to a privileged will, or by the
burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and
by his direction, with the intention of revoking the same.
_Explanation.—In order to the revocation of a privileged will or codicil by an act accompanied by_
such formalities as would be sufficient to give validity to a privileged will, it is not necessary that the
testator should at the time of doing that act be in a situation which entitles him to make a privileged will
**73. Revival of unprivileged will.—(1) No unprivileged will or codicil, nor any part thereof, which**
has been revoked in any manner, shall be revived otherwise than by the re-execution thereof, or by a
codicil executed in manner hereinbefore required, and showing an intention to revive the same.
(2) When any will or codicil, which has been partly revoked and afterwards wholly revoked, is
revived, such revival shall not extend to so much thereof as has been revoked before the revocation of the
whole thereof, unless an intention to the contrary is shown by the will or codicil.
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CHAPTER VI.—Of the construction of Wills
**74. Wording of wills.—It is not necessary,.that any technical words or terms of art be used in a will,**
but only that the wording be such that the intentions of the testator can be known therefrom.
**75. Inquiries to determine questions as to object or subject of will.—For the purpose of**
determining questions as to what person or what property is denoted by any words used in a will, a Court
shall inquire into every material fact relating to the persons who claim to be interested under such will,
the property which is claimed as the subject of disposition, the circumstances of the testator and of his
family, and into every fact a knowledge of which may conduce to the right application of the words which
the testator has used.
_Illustrations_
(i) A, by his will, bequeaths 1,000 rupees to his eldest son or to his youngest grandchild, or to his cousin, Mary.
A Court may make inquiry in order to ascertain to what person the description in the will applies.
(ii) A, by his will, leaves to B “my estate called Black Acre”. It may be necessary to take evidence in order to
ascertain what is the subject-matter of the bequest; that is to say, what estate of thetestator’s is called Black Acre.
(iii) A, by his will, leaves to B “the estate which I purchased of C”. It may be necessary to take evidence in
order to ascertain what estate the testator purchased of C.
**76. Misnomer or misdescription of object.—(1) Where the words used in a will to designate or**
describe a legatee or a class of legatees sufficiently show what is meant, and error in the name or
description shall not prevent the legacy from taking effect.
(2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the
description of a legatee may be corrected by the name.
_Illustrations_
(i) A bequeaths a legacy to “Thomas, the second son of my brother John”. The testator has an only brother
named John, who has no son named Thomas, but has a second son whose name is William. William will have the
legacy.
(ii) A bequeaths a legacy “to Thomas, the second son of my brother John”. The testator has an only brother,
named John, whose first son is named Thomas and whose second son is named William. Thomas will have the
legacy.
(iii) The testator bequeaths his property “to A and B, the legitimate children of C”. C has no legitimate child,
but has two illegitimate children, A and B. The bequest to A and B takes effect, although they are illegitimate.
(iv) The testator gives his residuary estate to be divided among “my seven children” and, proceeding to
enumerate them, mentions six names only. This omission will not prevent the seventh child from taking a share with
the others.
(v) The testator, having six grandchildren, makes a bequest to “my six grandchildren” and, proceeding to
mention them by their Christian names, mentions one twice over omitting another altogether. The one whose name
is not mentioned will take a share with the others.
(vi) The testator bequeaths “1,000 rupees to each of the three children of A”. At the date of the will A has four
children. Each of these four children will, if he survives the testator, receive a legacy of 1,000 rupees.
**77. When words may be supplied.—Where any word material to the full expression of the meaning**
has been omitted, it may be supplied by the context.
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_Illustration_
The testator gives a legacy of “five hundred” to his daughter A and a legacy of “five hundred rupees” to his
daughter B. A will take a legacy of five hundred rupees.
**78. Rejection of erroneous particulars in description of subject.—If the thing which the testator**
intended to bequeath can be sufficiently identified from the description of it given in the will, but some
parts of the description do not apply, such parts of the description shall be rejected as erroneous, and the
bequest shall take effect.
_Illustrations_
(i) A bequeaths to B “my marsh-lands lying in L and in the occupation of X”. The testator had marsh-lands
lying in L but had no marsh-lands in the occupation of X. The words “in the occupation of X” shall be rejected as
erroneous, and the marshlands of the testator lying in L will pass by the bequest.
(ii) The testator bequeaths to A “my zamindari of Rampur”. He had an estate at Rampur but it was a taluq and
not a zamindari. The taluq passes by this bequest.
**79. When part of description may not be rejected as erroneous.—If a will mentions several**
circumstances as descriptive of the thing which the testator intends to bequeath, and there is any property
of his in respect of which all those circumstances exist, the bequest shall be considered as limited to such
property, and it shall not be lawful to reject any part of the description as erroneous, because the testator
had other property to which such part of the description does not apply.
_Explanation.—In judging whether a case falls within the meaning of this section, any words which_
would be liable to rejection under section 78 shall be deemed to have been struck out of the will.
_Illustrations_
(i) A bequeaths to B “my marsh-lands lying in L and in the occupation of X”. The testator had marsh-lands
lying in L, some of which were in the occupation of X, and some not in the occupation of X. The bequest will be
considered as limited to such of the testator's marsh-lands in L as were in the occupation of X.
(ii) A bequeaths to B “my marsh-lands lying in L and in the occupation of X, comprising 1,000 bighas of
lands”. The testator had marshlands lying in L some of which were in the occupation of X and some not in the
occupation of X. The measurement is wholly inapplicable to the marsh-lands of either class, or to the whole taken
together. The measurement will be considered as struck out of the will, and such of the testator's marsh-lands lying
in L as were in the occupation of X shall alone pass by the bequest.
**80. Extrinsic evidence admissible in cases of patent ambiguity.—Where the words of a will are**
unambiguous, but it is found by extrinsic evidence that they admit of applications, one only of which can
have been intended by the testator, extrinsic evidence may be taken to show which of these applications
was intended.
_Illustrations_
(i) A man, having two cousins of the name of Mary, bequeaths a sum of money to “my cousin Mary”. It appears
that there are two persons, each answering the description in the will. That description, therefore, admits of two
applications, only one of which can have been intended by the testator. Evidence is admissible to show which of the
two applications was intended.
(ii) A, by his will, leaves to B “my estate called SultanpurKhurd”. It turns out that he had two estates called
SultanpurKhurd. Evidence is admissible to show which estate was intended.
**81. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.—Where there is an**
ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intentions of the testator shall
be admitted.
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_Illustrations_
(i) A man has an aunt, Caroline, and a cousin, Mary, and has no aunt of the name of Mary. By his Will he
bequeaths 1,000 rupees to “my aunt, Caroline” and 1,000 rupees to “my cousin, Mary” and afterwards bequeaths
2,000 rupees to “my before-mentioned aunt, Mary”. There is no person to whom the description given in the Will
can apply, and evidence is not admissible to show who was meant by “my before-mentioned aunt, Mary”. The
bequest is, therefore, void for uncertainty under section 89.
(ii) A bequeaths 1,000 rupees to............leaving a blank for the name of the legatee. Evidence is not admissible
to show what name the testator intended to insert.
(iii) A bequeaths to B .......................rupees, or “my estate of........................” Evidence is not admissible to show
what sum or what estate the testator intended to insert.
**82. Meaning or clause to be collected from entire Will.—The meaning of any clause in a Will is to**
be collected from the entire instrument, and all its parts are to be construed with reference to each other.
_Illustrations_
(i) The testator gives to B a specific fund or property at the death of A, and by a subsequent clause gives the
whole of his property to A. The effect of the several clauses taken together is to vest the specific fund or property in
A for life, and after his decease in B; it appearing from the bequest to B that the testator meant to use in a restricted
sense the words in which he describes what he gives to A.
(ii) Where a testator having an estate, one part of which is called Black Acre, bequeaths the whole of his estate
to A, and in another part of his Will bequeaths Black Acre to B, the latter bequest is to be read as an exception out of
the first as if he had said “I give Black Acre to B, and all the rest of my estate to A”.
**83. When words may be understood in restricted sense, and when in sense wider than usual.—**
General words may be understood in a restricted sense where it may be collected from the Will that the
testator meant to use them in a restricted sense; and words may be understood in a wider sense than that
which they usually bear, where it may be collected from the other words of the Will that the testator
meant to use them in such wider sense.
_Illustrations_
(i) A testator gives to A “my farm in the occupation of B”, and to C “all my marsh-lands in L”. Part of the farm
in the occupation of B consists of marsh-lands in L, and the testator also has other marsh-lands in L, The general
words, “all my marsh-lands in L”, are restricted by the gift to A. A takes the whole of the farm in the occupation of
B, including that portion of the farm which consists of marshlands in L.
(ii) The testator (a sailor on ship-board) bequeathed to his mother his gold ring, buttons and chest of clothes,
and to his friend, A (a shipmate) his red box, clasp-knife and all things not before bequeathed. The testator's share in
a house does not pass to A under this bequest.
(iii) A, by his Will, bequeathed to B all his household furniture plate, linen, china, books, pictures and all other
goods of whatever kind; and afterwards bequeathed to B a specified part of his property. Under the first bequest is B
entitled only to such articles of the testator’s as are of the same nature with the articles therein enumerated.
**84. Which of two possible constructions preferred.—Where a clause is susceptible of**
two meanings according to one of which it has some effect, and according to the other of which it can
have none, the former shall be preferred.
**85. No part rejected, if it can be reasonably construed.—No part of a Will shall be rejected as**
destitute of meaning if it is possible to put a reasonable construction upon it.
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**86. Interpretation of words repeated in different parts of will.—If the same words occur in**
different parts of the same will, they shall be taken to have been used everywhere in the same sense,
unless a contrary intention appears.
**87. Testator’s intention to be effectuated as far as possible.—The intention of the testator**
shall not be set aside because it cannot take effect to the full extent, but effect is to be given to it as
far as possible.
_Illustration_
The testator by a will made on his death-bed bequeathed all his property to C.D. for life and after his decease to
a certain hospital. The intention of the testator cannot take effect to its full extent because the gift to the hospital is
void under section 118, but it will take effect so far as regards the gift to C.D.
**88. The last of two inconsistent clauses prevails.—Where two clauses of gifts in a will are**
irreconcileable, so that they cannot possibly stand together, the last shall prevail.
_Illustrations_
(i) The testator by the first clause of his will leaves his estate of Ramnagar “to A,” and by the last clause of his
will leaves it “to B and not to A”. B will have it.
(ii) If a man, at the commencement of his will gives his house to A, and at the close of it directs that his house
shall be sold and the proceeds invested for the benefit of B, the latter disposition will prevail.
**89. Will or bequest void for uncertainty.—A will or bequest not expressive of any definite**
intention is void for uncertainty.
_Illustration_
If a testator says “I bequeath goods to A,” or “I bequeath to A,” or “I leave to A all the goods mentioned in the
Schedule” and no Schedule is found, or “I bequeath ‘money,’‘wheat,’ ‘oil,’ ” or the like, without saying how much,
this is void.
**90. Words describing subject refer to property answering description at testator’s death.— The**
description contained in a will of property, the subject of gift, shall, unless a contrary intention appears by
the will, be deemed to refer to and comprise the property answering that description at the death of the
testator.
**91. Power of appointment executed by general bequest.—Unless a contrary intention appears by**
the will, a bequest of the estate of the testator shall be construed to include any property which he may
have -power to appoint by will to any object he may think proper, and shall operate as an execution of
such power; and a bequest of property described in a general manner shall be construed to include any
property to which such description may extend, which he may have power to appoint by will to any object
he may think proper, and shall operate as an execution of such power.
**92. Implied gift to objects of power in default of appointment.—Where property is bequeathed to**
or for the benefit of certain objects as a specified person may appoint or for the benefit of certain objects
in such proportions as a specified person may appoint, and the will does not provide for the event of no
appointment being made; if the power given by the will is not exercised, the property belongs to all the
objects of the power in equal shares.
_Illustration_
A, by his will bequeaths a fund to his wife, for her life, and directs that at her death it shall be divided among
his children in such proportions as she shall appoint. The widow dies without having made any appointment. The
fund will be divided equally among the children.
**93. Bequest to “heirs,” etc., of particular person without qualifying terms.—Where a bequest is**
made to the “heirs” or “right heirs” or “relations” or “nearest relations” or “family” or “kindred” or
“nearest of kin” or “next-of-kin” of a particular person without any qualifying terms, and the class so
designated forms the direct and independent object of the bequest, the property bequeathed shall
be distributed as if it had belonged to such person and he had died intestate in respect of it, leaving assets
for the payment of his debts independently of such property.
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_Illustrations_
(i) A leaves his property “to my own nearest relations”. The property goes to those who would be entitled to it if
A had died intestate, leaving assets for the payment of his debts independently of such property.
(ii) A bequeaths 10,000 rupees “to B for his life, and, after the death of B, to my own right heirs”. The legacy
after B’s death belongs to those who would be entitled to it if it had formed part of A’s unbequeathed property.
(iii) A leaves his property to B; but if B dies before him, to B’s next-of kin; B dies before A; the property
devolves as if it had belonged to B, and he had died intestate, leaving assets for the payment of his debts
independently of such property.
(iv) A leaves 10,000 rupees “to B for his life, and after his decease to the heirs of C”. The legacy goes as if it
had belonged to C, and he had died intestate, leaving assets for the payment of his debt independently of the legacy.
**94. Bequest to “representatives”, etc., of particular person.—Where a bequest is made to the**
“representatives” or “legal representatives” or “personal representatives” or “executors or administrators”
of a particular person, and the class so designated forms the direct and independent object of the bequest,
the property bequeathed shall be distributed as if it had belonged to such person and he had died intestate
in respect of it.
_Illustration_
A bequest is made to the “legal representatives” of A. A has died intestate and insolvent. B is his administrator.
B is entitled to receive the legacy, and Will apply it in the first place to the discharge of such part of A’s debt as may
remain unpaid: if there be any surplus B Will pay it to those persons who at A’s death would have been entitled to
receive any property of A’s which might remain after payment of his debts, or to the representatives of such persons.
**95. Bequest without words of limitation.—Where property is bequeathed to any person, he is**
entitled to the whole interest of the testator therein, unless it appears from the Will that only a restricted
interest was intended for him.
**96. Bequest in alternative.—Where a property is bequeathed to a person with a bequest in the**
alternative to another person or to a class of persons, then, if a contrary intention does not appear by the
Will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes effect;
but if he is then dead, the person or class of persons named in the second branch of the alternative shall
take the legacy.
_Illustrations_
(i) A bequest is made to A or to B. A survives the testator. B takes nothing.
(ii) A bequest is made to A or to B. A dies after the date of the Will, and before the testator. The legacy goes to
B.
(iii) A bequest is made to A or to B. A is dead at the date of the Will. The legacy goes to B.
(iv) Property is bequeathed to A or his heirs. A survives the testator. A takes the property absolutely.
(v) Properly is bequeathed to A or his nearest of kin. A dies in the lifetime of the testator. Upon the death of the
testator, the bequest to A’s nearest of kin takes effect.
(vi) Properly is bequeathed to A for life, and after this death to B or his heirs. A and B survive the testator. B
dies in A’s lifetime. Upon A’s death the bequest to the heirs of B takes effect.
(vii) Property is bequeathed to A for life, and after his death to B or his heirs. B dies in the testator's lifetime. A
survives the testator. Upon A's death the bequest to the heirs of B takes effect.
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**97. Effect of words describing a class added to bequest to person.—Where property is bequeathed**
to a person, and words are added which describe a class of persons but do not denote them as direct
objects of a distinct and independent gift, such person is entitled to the whole interest of the testator
therein, unless a contrary intention appears by the will.
_Illustrations_
(i) A bequest is made—
to A and his children,
to A and his children by his present wife,
to A and his heirs,
to A and the heirs of his body,
to A and the heirs male of his body,
to A and the heirs female of his body,
to A and his issue,
to A and his family,
to A and his descendants,
to A and his representatives,
to A and his personal representatives,
to A, his executors and administrators.
In each of these cases, A takes the whole interest which the testator had in the property.
(ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy.
(iii) A bequest is made to A for life and after his death to his issue. At the death of A the property belongs in
equal shares to all persons who then answer the description of issue of A.
**98. Bequest to class of persons under general description only.—Where a bequest is made to a**
class of persons under a general description only, no one to whom the words of the description are not in
their ordinary sense applicable shall take the legacy.
**99. Construction of terms.—In a will—**
(a) the word “children” applies only to lineal descendants in the first degree of the person whose
“children” are spoken of;
(b) the word “grandchildren” applies only to lineal descendants in the second degree of the person
whose “grand children” are spoken of;
(c) the words “nephews” and “nieces” apply only to children of brothers or sisters;
(d) the words “cousins,” or “first cousins,” or “cousins-german,” apply only to children of
brothers or of sisters of the father or mother of the person whose “cousins,” or “first cousins,” or
“cousins-german,” are spoken of;
(e) the words “first cousins once removed” apply only to children of cousins-german, or to
cousins-german of a parent of the person whose “first cousins once removed” are spoken of;
(f) the words “second cousins” apply only to grandchildren of brothers or of sisters of the
grandfather or grandmother of the person whose “second cousins” are spoken of;
(g) the words “issue” and “descendants” apply to all lineal descendants whatever of the person
whose “issue” or “descendants” are spoken of;
(h) words expressive of collateral relationship apply alike to relatives of full and of half blood;
and
(i) all words expressive of relationship apply to a child in the womb who is afterwards born alive.
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**100. Words expressing relationship denote only legitimate relatives or failing such relatives**
**reputed legitimate.—In the absence of any intimation to the contrary in a will, the word “child,” the**
word “son”, the word “daughter” or any word which expresses relationship, is to be understood as
denoting only a legitimate relative, or, where there is no such legitimate relative, a person who has
acquired, at the date of the Will, the reputation of being such relative.
_Illustrations_
(i) A having three children, B, C and A of whom B and Care legitimate and D is illegitimate leaves his property
to be equally divided among “my children”. The property belongs to B and C in equal shares, to the exclusion of D.
(ii) A, having a niece of illegitimate birth, who has acquired the reputation of being his niece and having no
legitimate niece, bequeaths a sum of money to his niece. The illegitimate niece is entitled to the legacy.
(iii) A, having in his Will enumerated his children, and named as one of them B, who is illegitimate, leaves a
legacy to “my said children”. B Will take a share in the legacy along with the legitimate children.
(iv) A leaves a legacy to “the children of B”. B is dead and has left none but illegitimate children. All those who
had at the date of the Will acquired the reputation of being the children of B are objects of the gift.
(v) A bequeaths a legacy to “the children of B”. B never had any legitimate child. C and D had, at the date of
the Will, acquired the reputation of being children of B. After the date of the Will and before the death of the
testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the
bequest.
(vi) A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the
Will the reputation of being the child of A by the woman designated. B takes the legacy.
(vii) A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest
is void.
(viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The
bequest is void.
**101. Rules of construction where will purports to make two bequests to same person.—Where a**
will purports to make two bequests to the same person, and a question arises whether the testator intended
to make the second bequest instead of or in addition to the first; if there is nothing in the will to show
what he intended, the following rules shall have effect in determining the construction to be put upon the
will:—
(a) If the same specific thing is bequeathed twice to the same legatee in the same will or in the
will and again in the codicil, he is entitled to receive that specific thing only.
(b) Where one and the same will or one and the same codicil purports to make, in two places, a
bequest to the same person of the same quantity or amount of anything, he shall be entitled to one
such legacy only.
(c) Where two legacies of unequal amount are given to the same person in the same will, or in the
same codicil, the legatee is entitled to both.
(d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one
by a will and the other by a codicil, or each by a different codicil, the legatee is entitled to both
legacies.
_Explanation: In clauses (a) to (d) of this section, the word “will”does not include a codicil._
_Illustrations_
(i) A, having ten shares, and no more, in the Imperial Bank of India, made his Will, which contains near its
commencement the words “I bequeath my ten shares in the Imperial Bank of India to B”. After other bequests, the
Will concludes with the words "and I bequeath my ten shares in the Imperial Bank of India to B". B is entitled
simply to receive A’s ten shares in the Imperial Bank of India.
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(ii) A, having one diamond ring, which was given to him by B, bequeaths to C the diamond ring which was
given by B. A afterwards made a codicil to his Will, and thereby, after giving other legacies, he bequeathed to C the
diamond ring which was given to him by B, C can claim nothing except the diamond ring which was given to A by
B.
(iii) A, by his will, bequeaths to B the sum of 5,000 rupees and afterwards in the same will repeats the bequest
in the same words. B is entitled to one legacy of 5,000 rupees only.
(iv) A, by his will, bequeaths to B the sum of 5,000 rupees and afterwards in the same will bequeaths to B the
sum of 6,000 rupees. B is entitled to receive 11,000 rupees.
(v) A, by his will, bequeaths to B 5,000 rupees and by a codicil to the will he bequeaths to him 5,000 rupees. B
is entitled to receive 10,000 rupees.
(vi) A, by one codicil to his will, bequeaths to B 5,000 rupees and by another codicil bequeaths to him, 6,000
rupees. B is entitled to receive 11,000 rupees.
(vii) A, by his will, bequeaths “500 rupees to B because she was my nurse”, and is another part of the will
bequeaths 500 rupees to B “because she went to England with my children”. B is entitled to receive 1,000 rupees.
(viii) A, by his will, bequeaths to B the sum of 5,000 rupees and also, in another part of the will, an annuity of
400rupees. B is entitled to both legacies.
(ix) A, by his will, bequeaths to B the sum of 5,000 rupees and also bequeaths to him the sum of 5,000 rupees if
he shall attain the age of 18. B is entitled absolutely to one sum of 5,000 rupees, and takes a contingent interest in
another sum of 5,000 rupees.
**102. Constitution of residuary legatee.—A residuary legatee may be constituted by any words that**
show an intention on the part of the testator that the person designated shall take the surplus or residue of
his property.
_Illustrations_
(i) A makes her will, consisting of several testamentary papers, in one of which are contained the following
words:—“I think there will be something left, after all funeral expenses, etc., to give to B, now at school, towards
equipping him to any profession he may hereafter be appointed to.” B is constituted residuary legatee.
(ii) A makes his will, with the following passage at the end of it:—“I believe there will be found sufficient in
my banker’s hands to defray and discharge my debts, which I hereby, desire B to do, and keep the residue for her
own use and pleasure.” B is constituted the residuary legatee.
(iii) A bequeaths all his property to B, except certain stock and funds, which he bequeaths to C. B is the
residuary legatee.
**103. Property to which residuary legatee entitled.—Under a residuary bequest, the legatee is**
entitled to all property belonging to the testator at the time of his death, of which he has not made any
other testamentary disposition which is capable of taking effect.
_Illustration_
A by his will bequeaths certain legacies, of which one is void under section 118, and another lapses by the death
of the legatee. He bequeaths the residue of his property to B. After the date of his will A purchases a zamindari,
which belongs to him at the time of his death. B is entitled to the two legacies and the zamindari as part of the
residue.
**104. Time of vesting legacy in general terms.—1f a legacy is given in general terms, without**
specifying the time when it is to be paid, the legatee has a vested interest in it from the day of the death of
the testator, and, if he dies without having received it, it shall pass to his representatives.
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**105. In what case legacy lapses.—(1) If the legatee does not survive the testator, the legacy cannot**
take effect, but shall lapse and form part of the residue of the testator’s property, unless it appears by the
Will that the testator intended that it should go to some other person.
(2) In order to entitle the representatives of the legatee to receive the legacy, it must be proved that he
survived the testator.
_Illustrations_
(i) The testator bequeaths to B “500 rupees which B owes me”.B dies before the testator; the legacy lapses.
(ii) A bequest is made to A and his children. A dies before the testator, or happens to be dead when the will is
made. The legacy to A and his children lapses.
(iii) A legacy is given to A, and, in case of his dying before the testator, to B. A dies before the testator. The
legacy goes to B.
(iv) A sum of money is bequeathed to A for life, and after his death to B. A dies in the lifetime of the testator; B
survives the testator. The bequest to B takes effect.
(v) A sum of money is bequeathed to A on his completing his eighteenth year, and in case he should die before
he completes his eighteenth year, to B. A completes his eighteenth year, and dies in the lifetime of the testator. The
legacy to A lapses, and the bequest to ii does not take effect.
(vi) The testator and the legatee perished in the same ship-wreck. There is no evidence to show which died first.
The legacy lapses.
**106. Legacy does not lapse if one of two joint legatees die before testator.—If a legacy is given to**
two persons jointly, and one of them dies before the testator, the other legatee takes the whole.
_Illustration_
The legacy is simply to A and B. A dies before the testator. B takes the legacy.
**107. Effect of words showing testator’s intention to give distinct shares.—If a legacy is given to**
legatees in words which show that the testator intended to give them distinct shares of it, then, if any
legatee dies before the testator, so much of the legacy as was intended for him shall fall into the residue of
the testator's property.
_Illustration_
A sum of money is bequeathed to A, B and C, to be equally divided among them. A dies before the testator, B
and C Will only take so much as they would have had if A had survived the testator.
**108. When lapsed share goes as undisposed of.—Where a share which lapses is a part of the**
general residue bequeathed by the Will, that share shall go as undisposed of.
_Illustration_
The testator bequeaths me residue of his estate to A, B and C, to be equally divided between them. A dies
before the testator. His one-third of the residue goes as undisposed of.
**109. When bequest to testator’s child or lineal descendant does not lapse on his death in**
**testator’s lifetime.—Where a bequest has been made to any child or other lineal descendant of the**
testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the
testator, the bequest shall not lapse, but shall take effect if the death of the legatee had happened
immediately after the death of the testator, unless a contrary intention appears by the Will.
_Illustration_
A makes his Will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B
dies before A, leaving a son, C, who survives A, and having made his Will whereby he bequeaths all his property to
his widow. D. The money goes to D.
**110. Bequest to A for benefit of B does not lapse by A’s death.—Where a bequest is made to one**
person, for the benefit of another, the legacy does not lapse by the death, in the testator’s lifetime, of the
person to whom the bequest is made.
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**111. Survivorship in case of bequest to described class.—Where a bequest is made simply to a**
described class of persons, the thing bequeathed shall go only to such as are alive at the testator’s death.
_Exception.—If property is bequeathed to a class of persons described as standing in a particular_
degree of kindred to a specified individual, but their possession of it is deferred until a time later than the
death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of
them as are then alive, and to the representatives of any of them who have died since the death of the
testator.
_Illustrations_
(i) A bequeaths 1,000 rupees to “the children of B” without saying when it is to be distributed among them. B
had died previous to the date of the will, leaving three children, C, D and E. E died after the date of the will, but
before the death of A. C and D survive A. The legacy will belong to C and D, to the exclusion of the representatives
of E.
(ii) A lease for years of a house, was bequeathed to A for his life, and after his decease to the children of B. At
the death of the testator, B had two children living, C and D, and he never had any other child. Afterwards, during
the lifetime of A, C died, leaving E, his executor. D has survived A, D and E are jointly entitled to so much of the
leasehold term as remains unexpired.
(iii) A sum of money was bequeathed to A for her life, and after her decease to the children of 13. At the death
of the testator, B had two children living, C and D, and, after that event, two children, E and F, were born to B. C
and E died in the lifetime of A, C having made a will, E having made no will. A has died, leaving D and F surviving
her. The legacy is to be divided into four equal parts, one of which is to be paid to the executor of C, one to D, one
to the administrator of E and oneto F.
(iv) A bequeaths one-third of his lands to B for his life, and after his decease to the sisters of B. At the death of
the testator, B had two sisters living, C and D, and after that event another sister E was born. C died during the life
of B, D and E have survived B. One-third of A’s land belong to D, E and the representatives of C, in, equal shares.
(v) A bequeaths 1,000 rupees to B for life and after his death equally among the children of C. Up to the death
of B, C had not had any child. The bequest after the death of B is void.
(vi) A bequeaths 1,000 rupees to “all the children born or to be born” of B to be divided among them at the
death of C. At the death of the testator, B has two children living, D and E. After the death of the testator, but in the
lifetime of C, two other children, F and G, are born to B. After the death of C, another child is horn to B. The legacy
belongs to D, E, F and G, to the exclusion of the after-born child of B.
(vii) A bequeaths a fund to the children of B, to be divided among them when the eldest shall attain majority. At
the testator's death, B had one child living, named C. He afterwards had two other children, named D and E. E died,
but C and D were living when C attained majority. The fund belongs to C, D and the representatives of E, to the
exclusion of any child who may be born to B after C’s attaining majority.
CHAPTER VII.—Of void Bequests
**112. Bequest to person by particular description, who is not in existence at testator’s death.—**
Where a bequest is made to a person by a particular description, and there is no person in existence at the
testator's death who answers the description, the bequest is void.
_Exception.—If property is bequeathed to a person described as standing in a particular degree of_
kindred to a specified individual, but his possession of it is deferred until a time later than the deathofthe
testator, by reason of a prior bequest or otherwise; and if a person answering the description isalive at the
death of the testator, or comes into existence between that event and such later time, the property shall, at
such later time, go to that person, or, if he is dead, to his representatives.
-----
_Illustrations_
(i) A bequeaths 1,000 rupees to the eldest son of B. At the death of the testator, B has no son. The bequest is
void.
(ii) A bequeaths 1,000 rupees to B for life, and after his death to the eldest son of C. At the death of the testator,
C had no son. Afterwards, during the life of B, a son is born to C. Upon B’s death the legacy goes to .C's son.
(iii) A bequeaths 1,000 rupees to B for life, and after his death to the eldest son of C. At the death of the testator,
C had no son. Afterwards, during the life of B, a son, named D, is born to C. D dies, then B dies. The legacy goes to
the representative of D.
(iv) A bequeaths his estate of Green Acre to be for life, and at his decease, to the eldest son of C. Up to the
death of B, C has had no son. The bequest to C’s eldest son is void.
(v) A bequeaths 1,000 rupees to the eldest son of C, to be paid to him after the death of B. At the death of the
testator C has no son, but a son is afterwards born to him during the life of B and is alive at B’s death. C’s son is
entitled to the 1,000 rupees.
**113. Bequest to person not in existence at testator's death subject to prior bequest.—Where a**
bequest is made to a person not in existence at the time of the testator's death, subject to a prior bequest
contained in the will, the later bequest shall be void, unless it comprises the whole of the remaining
interest of the testator in the thing bequeathed.
_Illustrations_
(i) Property is bequeathed to A for his life, and after his death to his eldest son for life, and after the death of the
latter to his eldest son. At the time of the testator’s death, A has no son. Here the bequest to A’s eldest son is a
bequest to a person not in existence at the testator’s death. It is not a bequest of the whole interest that remains to the
testator. The bequest to A’s eldest son for his life is void.
(ii) A fund is bequeathed to A for his life, and after his death to his daughters. A survives the testator. A has
daughters some of whom were not in existence at the testator’s death. The bequest to A’s daughters comprises the
whole interest that remains to the testator in the thing bequeathed. The bequest to A’s daughters is valid.
(iii) A fund is bequeathed to A for his life, and after his death to his daughters, with a direction that, if any of
them marries under the age of eighteen, her portion shall be settled so that it may belong, to herself for life and may
be divisible among her children after her death. A has no daughters living at the time of the testator’s death, but has
daughters born afterwards who survive him. Here the direction for a settlement has the effect in the case of each
daughter who marries under eighteen of substituting for the absolute bequest to her a bequest to her merely for her
life; that is to say, a bequest to a person not in existence at the time of the testator’s death of something which is less
than the whole interest that remains to the testator in the thing bequeathed. The direction to settle the fund is void.
(iv) A bequeaths a sum of money to B for life, and directs that upon the death of B the fund shall be settled upon
his daughters, so that the portion of each daughter may belong to herself for life, and may be divided among her
children after her death. B has no daughter living at the time of the testator’s death. In this case the only bequest to
the daughters of B is contained in the direction to settle the fund, and this direction amounts to a bequest to persons
not yet born, of a life-interest in the fund, that is to say, of something which is less than the whole interest that
remains to the testator in the thing bequeathed. The direction to settle the fund upon the daughters of B is void.
**114. Rule against perpetuity.—No bequest is valid whereby the vesting of the thing bequeathed may**
be delayed beyond the life-time of one or more persons living at the testator’s death and the minority of
some person who shall be in existence at the expiration of that period, and to whom, if he attains full age,
the thing bequeathed is to belong.
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_Illustrations_
(i) A fund is bequeathed to A for his life and after his death to B for his life; and after B’s death to such of the
sons of B as shall first attain the age of 25. A and B survive the testator. Here the son of B who shall first attain the
age of 25 may be a son born after the death of the testator; such son may not attain 25 until more than 18 years have
elapsed from the death of the longer liver of A and B; and the vesting of the fund may thus be delayed beyond the
lifetime of A and B and the minority of the sons of B. The bequest after B's death is void.
(ii) A fund is bequeathed to A for his life, and after his death to B for his life, and after B’s death to such of B's
sons as shall first attain the age of 25. B dies in the lifetime of the testator, leaving one or more sons. In this case the
sons of B are persons living at the time of the testator’s decease, and the time ashen either of them will attain 25
necessarily falls within his own lifetime. The bequest is valid.
(iii) A fund is bequeathed to A for his life, and after his death to B for his life, with a direction that after B’s
death it shall be divided amongst such of B’s children as shall attain the age of 18, but that, if no child of B shall
attain that age, the fund shall go to C. Here the time for the division of the fund must arrive at the latest at the
expiration of 18 years from the death of B, a person living at the testator's decease. All the bequests are valid.
(iv) A fund is bequeathed to trustees for the benefit of the testator’s daughters, with a direction that, if any of
them marry under age, her share of the fund shall be settled so as to devolve after her death upon such of her
children as shall attain the age of 18. Any daugther of the testator to whom the direction applies must be in existence
at his decease, and any portion of the fund which may eventually be settled as directed must vest not later than 18
years from the death of the daughters whose share it was. All these provisions are valid.
**115. Bequest to a class some of whom may come under rules in sections 113 and 114.—If a**
bequest is made to a class of persons with regard to some of whom it is inoperative by reason of the
provisions of section 113 or section 114, such bequest shall be [1][void in regard to those persons only, and
not in regard to the whole class].
_Illustrations_
(i) A fund is bequeathed to A for life, and after his death to all his children who shall attain the age of 25. A
survives the testator, and has some children living at the testator’s death. Each child of A’s living at the testator’s
death must attain the age of 25 (if at all) within the limits allowed for a bequest. But A may have children after the
testator’s decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the
decease of A. The bequest to A’s children, therefore, is inoperative as to any child born after the testator’s death;
2[and in regard to those who do not attain the age of 25 within 18 years after A’s death, but is operative in regard to
the other children of Al
(ii) A fund is bequeathed to A for his life, and after his death to B, C, D and all other children of A who shall
attain the age of 25. B, C, D are children of A living at the testator’s decease. In all other respects the case is the
same as that supposed in Illustration (i). [2][Although the mention of B, C and D does not prevent the bequest from
being regarded as a bequest to a class, it is not wholly void. It is operative as regards any of the children B, C or D,
who attain the age of 25 within 18 years after A’s death].
3[116. Bequest to take effect on failure of prior bequest.—Where by reason of any of the rules
contained in sections 113 and 114, any bequest in favour of a person or of a class of persons is void in
regard to such person or the whole of such class, any bequest contained in the same will and intended to
take effect after or upon failure of such prior bequest is also void.]
1. Subs. by Act 21 of 1929, s. 14, for “wholly void”.
2. Subs. by s. 14, ibid., for certain words.
3. Subs. by s. 14, ibid., for section 116.
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_Illustrations_
(i) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25,
for his life, and after the decease of such son to B. A and B survive the testator. The bequest to B is intended to take
effect after the bequest to such of the sons of A as shall first attain the age of 25, which bequest is void under section
114. The bequest to B is void.
(ii) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of
25, and, if no son of A shall attain that age, to B. A and B survive the testator. The bequest to B is intended to take
effect upon failure of the bequest to such of A’s sons as shall first attain the age of 25, which bequest is void under
section 114. The bequest to B is void.
1[117. Effect of direction for accumulation.—(1) Where the terms of a will direct that the income
arising from any property shall be accumulated either wholly or in part during any period longer than a
period of eighteen years from the death of the testator, such direction shall, save as hereinafter provided,
be void to the extent to which the period during which the accumulation is directed exceeds the aforesaid
period, and at the end of such period of eighteen years the property and the income thereof shall be
disposed of as if the period during which the accumulation has been directed to be made had elapsed.
(2) This section shall not effect any direction for accumulation for the purpose of—
(i) the payment of the debts of the testator or any other person taking any interest under the will,
or
(ii)the provision of portions for children or remoter issue of the testator or of any other person
taking any interest under the will, or
(iii) the preservation or maintenance of any property bequeathed;
and such direction may be made accordingly.]
**118. Bequest to religious or charitable uses.—No man having a nephew or niece or any nearer**
relative shall have power to bequeath any property to religious or charitable uses, except by a will
executed not less than twelve months before his death, and deposited within six months from its execution
in some place provided by law for the safe custody of the wills of living persons:
2[Provided that nothing in this section shall apply to a Parsi.]
_Illustrations_
A having a nephew makes a bequest by a will not executed and deposited as required—
for the relief of poor people;
for the maintenance of sick soldiers;
for the erection or support of a hospital;
for the education and preferment of orphans;
for the support of scholars;
for the erection or support of a school;
for the building and repairs of a bridge;
for the making of roads;
for the erection or support of a church;
for the repairs of a church;
for the benefit of ministers of religion;
for the formation or support of a public garden;
All these bequests are void.
1. Subs. by Act 21 of 1929, s. 14, for section 117.
2. Ins. by Act 51 of 1991, s. 6.
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CHAPTER VIII.—Of the vesting of Legacies
**119. Date of vesting of legacy when payment or possession postponed.—Where by the terms of a**
bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at
the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the
testator's death, and shall pass to the legatee's representatives if he dies before that time and without
having received the legacy, and in such cases the legacy is from the testator's death said to be vested in
interest.
_Explanation.—An intention that a legacy to any person shall not become vested in interest in him is_
not to be inferred merely from a provision whereby the payment or possession of the thing bequeathed is
postponed, or whereby a prior interest therein is bequeathed to some other person, or whereby the income
arising from the fund bequeathed is directed to be accumulated until the time of payment arrives, or from
a provision that, if a particular event shall happen, the legacy shall go over to another person.
_Illustrations_
(i) A bequeaths to B 100 rupees, to be paid to him at the death of C. On A’s death the legacy becomes vested in
interest in B, and if he dies before C, his representatives are entitled to the legacy.
(ii) A bequeaths to B 100 rupees, to be paid to him upon his attaining the age of 18. On A’s death the legacy
becomes vested in interest B.
(iii) A fund is bequeathed to A for life, and after his death to B. On the testator’s death the legacy to B becomes
vested in interest in B.
(iv) A fund is bequeathed to A until B attains the age of 18 and then to B. The legacy to B is vested in interest
from the testator’s death. .
(v) A bequeaths the whole of his property to B upon trust to pay certain debts out of the income, and then to
make over the fund to C. At A’s death the gift to C becomes vested in interest in him.
(vi) A fund is bequeathed to A, B and C in equal shares to be paid to them on their attaining the age of 18,
respectively, with a proviso that, if all of them die under the age of 18, the legacy shall devolve upon D. On the
death of the testator, the shares vested in interest in A, B and C, subject to be divested in case A, B and C shall all
die under 18, and, upon the death of any of them (except the last survivor) under the age of 18, his vested interest
passes, so subject, to his representatives.
**120. Date of vesting when legacy contingent upon specified uncertain event.—(1) A legacy**
bequeathed in case a specified uncertain event shall happen does not vest until that event happens.
(2) A legacy bequeathed in case a specified uncertain event shall not happen does not vest until the
happening of that event becomes impossible.
(3) In either case, until the condition has been fulfilled, the interest of the legatee is called contingent.
_Exception.—Where a fund is bequeathed to any person upon his attaining a particular age, and the_
will also gives to him absolutely the income to arise from the fund before he reaches that age, or directs
the income, or so much of it as may be necessary, to be applied for his benefit, the bequestof the fund is
not contingent.
_Illustrations_
(i) A legacy is bequeathed to D in case A, B and C shall all die under the age of 18. D has a contingent interest
in the legacy until A, B and C all die under 18, or one of them attains that age.
(ii) A sum of money is bequeathed to A “in case he shall attain the age of 18,” or “when he shall attain the age
of 18”. A’s interest in the legacy is contingent until the condition is fulfilled by his attaining that age.
(iii) An estate is bequeathed to A for life, and after his death to B if B shall then be living; but ifB shall not be
then living to C. A, B and C survive the testator. B and C each take a contingent interest in the estate until the event
which is to vest it in one, or in the other has happened.
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(iv) An estate is bequeathed as in the case last supposed. B dies in the lifetime of A and C. Upon the death of B,
C acquires a vested right to obtain possession of the estate upon A’s death.
(v) A legacy is bequeathed to A when she shall attain the age of 18, or shall marry under that age with the
consent of B, with a proviso that, if she neither attains 18 nor marries under that age with B’s consent, the legacy
shall go to C. A and C each take a contingent interest in the legacy. A attains the age of 18. A becomes absolutely
entitled to the legacy although she may have married under 18 without the consent of B.
(vi) An estate is bequeathed to A until he shall marry and after that event to B. B’s interest in the bequest is
contingent until the condition is fulfilled by A's marrying.
(vii) An estate is bequeathed to A until he shall take advantage of any law for the relief of insolvent debtors, and
after that event to B. B’s interest in the bequest is contingent until A takes advantage of such a law.
(viii) An estate is bequeathed to A if he shall pay 500 rupees to B. A’s interest in the bequest is contingent until
he has paid 500 rupees to B.
(ix) A leaves his farm of SultanpurKhurd to B, if B shall convey his own farm of SultanpurBuzurg to C. B’s
interest in the bequest is contingent until he has conveyed the latter farm to C.
(x) A fund is bequeathed to A if B shall not marry C within five years after the testator’s death. A’s interest in
the legacy is contingent until the condition is fulfilled by the expiration of the five years without B’s having married
C, or by the occurrence within that period of an event which makes the fulfilment of the condition impossible.
(xi) A fund is bequeathed to A if B shall not make any provision for him by will. The legacy is contingent until
B's death.
(xii) A bequeaths of B 500 rupees a year upon his attaining the age of 18, and directs that the interest, or a
competent part thereof, shall be applied for his benefit until he reaches that age. The legacy is vested.
(xiii) A bequeaths to B 500 rupees when he shall attain the age of 18 and directs that a certain sum, out of
another fund, shall be applied for his maintenance until he arrives at that age. The legacy is contingent.
**121. Vesting of interest in bequest to such members of a class as shall have attained particular**
**age.—Where a bequest is made only to such members of a class as shall have attained a particular age, a**
person who has not attained that age cannot have a vested interest in the legacy.
_Illustration_
A fund is bequeathed to such of the children of A as shall attain the age of 18, with a direction that, while any
child of A shall be under the age of 18, the income of the share, to which it may be presumed he will be eventually
entitled, shall be applied for his maintenance and education. No child of A who is under the age of 18 has a vested
interest in the bequest.
CHAPTER IX.—Of Onerous Bequests
**122. Onerous bequests.—Where a bequest imposes an obligation on the legatee, he can take nothing**
by it unless he accepts it fully.
_Illustration_
A, having shares in (X), a prosperous joint stock company and also shares in (Y), a joint stock company in
difficulties, in respect of which shares heavy calls are expected to be made, bequeaths to B all his shares in joint
stock companies; B refuses to accept the shares in (Y). He forfeits the shares in (X).
**123. One of two separate and independent bequests to same person may be accepted, and**
**otherrefused.—Where a will contains two separate and independent bequests to the same person, the**
legatee is at liberty to accept one of them and refuse the other, although the former may be beneficial and
the latter onerous.
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_Illustration_
A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay
during the term, and which is higher than the house can be let for, bequeaths to B the lease and a sum of money. B
refuses to accept the lease. He will not by this refusal forfeit the money.
CHAPTER X.—Of Contingent Bequests
**124. Bequest contingent upon specified uncertain event, no time being mentioned for its**
**occurrence.—Where a legacy is given if a specified uncertain event shall happen and no time is**
mentioned in the will for the occurrence of that event, the legacy cannot take effect, unless such event
happens before the period when the fund bequeathed is payable or distributable.
_Illustrations_
(i) A legacy is bequeathed to A, and, in case of his death, to B. If A survives the testator, the legacy to B does
not take effect.
(ii) A legacy is bequeathed to A, and, in case of his death without children, to B. If A survives the testator or
dies in his lifetime leaving a child, the legacy to B does not take effect.
(iii) A legacy is bequeathed to A when and if he attains the age of 18, and, in case of his death, to B. A attains
the age of 18. The Legacy to B does not take effect.
(iv) A legacy is bequeathed to A for life, and, after his death to B, and, “in case of B’s death without children,”
to C. The words “in case of B’s death without children” are to be understood as meaning in case B dies without
children during the lifetime of A.
(v) A legacy is bequeathed to A for life, and, after his death to B, and, “in case of B’s death,” to C. The words
“in case of B’s death” are to be considered as meaning “in case B dies in the lifetime of A”.
**125. Bequest to such of certain persons as shall be surviving at some period not specified.—**
Where a bequest is made to such of certain persons as shall be surviving at some period, but the exact
period is not specified the legacy shall go to such of them as are alive at the time of payment or
distribution, unless a contrary intention appears by the will.
_Illustrations_
(i) Property is bequeathed to A and B to be equally divided between them, or to the survivor of them. If both A
and B survive the testator, the legacy is equally divided between them. If A dies before the testator, and B survives
the testator, it goes to B.
(ii) Property is bequeathed to A for life, and, after his death, to B and C, to be equally divided between them, or
to the survivor of them. B dies during the life of A; C survives A. At A’s death the legacy goes to C.
(iii) Property is bequeathed to A for life, and after his death to B and C, or the survivor, with a direction that, if
B should not survive the testator, his children are to stand in his place. C dies during the life of the testator; B
survives the testator, but dies in the lifetime of A. The legacy goes to the representative of B.
(iv) Property is bequeathed to A for life, and, after his death, to B and C, with a direction that, in case either of
them dies in the lifetime of A, the whole shall go to the survivor. B dies in the lifetime of A. Afterward C dies in the
lifetime of A. The legacy goes to the representative of C.
CHAPTER XI.—Of Conditional Bequests
**126. Bequest upon impossible condition.—A bequest upon an impossible condition is void.**
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_Illustrations_
(i) An estate is bequeathed to A on condition that he shall walk 100 miles in an hour. The bequest is void.
(ii) A bequeaths 500 rupees to B on condition that he shall marry A’s daughter. A’s daughter was dead at the
date of the will. The bequest is void.
**127. Bequest upon illegal or immoral condition.—A bequest upon a condition, the fulfilment of**
which would be contrary to law or to morality is void.
_Illustrations_
(i) A bequeaths 500 rupees to B on condition that he shall murder C. The bequest is void.
(ii) A bequeaths 5,000 rupees to his niece if she will desert her husband. The bequest is void.
**128. Fulfilment of condition precedent to vesting of legacy.—Where a will imposes a condition to**
be fulfilled before the legatee can take a vested interest in the thing bequeathed, the condition shall be
considered to have been fulfilled if it has been substantially complied with.
_Illustrations_
(i) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C, D and E. A marries
with the written consent of B. C is present at the marriage. D sends a present to A previous to the marriage. E has
been personally informed by A of his intentions, and has made no objection. A has fulfilled the condition.
(ii) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. D dies. A
marries with the consent of B and C. A has fulfilled the condition.
(iii) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A marries in
the lifetime of B, C and D, with the consent of B and C only. A has not fulfilled the condition.
(iv) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A obtains the
unconditional assent of B, C and D to his marriage with E. Afterwards B, C and D capriciously retract their consent.
A marries E. A has fulfilled the condition.
(v) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A marries
without the consent of B, C and D, but obtains their consent after the marriage. A has not fulfilled the condition.
(vi) A make his will whereby he bequeaths a sum of money to B if B shall marry with the consent of A’s
executors. B marries during the lifetime of A, and A afterwards expresses his approbation of the marriage. A dies.
The bequest to B takes effect.
(vii) A legacy is bequeathed to A if he executes a certain document within a time specified in the will. The
document is executed by A within a reasonable time, but not within the time specified in the will. A has not
performed the condition, and is not entitled to receive the legacy.
**129. Bequest to A and on failure of prior bequest to B.—Where there is a bequest to one person**
and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take
effect upon the failure of the prior bequest although the failure may not have occurred in the manner
contemplated by the testator.
_Illustrations_
(i) A bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to B. A dies
without having ever had a child. The bequest to B takes effect.
(ii) A bequeaths a sum of money to B, on condition that he shall execute a certain document within three
months after A’s death, and, if he should neglect to do so, to C. B dies in the testator’s lifetime. The bequest to C
takes effect.
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**130. When second bequest not to take effect on failure of first.—Where the will shows anintention**
that the second bequest shall take effect only in the event of the first bequest failing in a particular
manner, the second bequest shall not take effect, unless the prior bequest fails in that particular manner.
_Illustration_
A makes a bequest to his wife, but in case she should die in his lifetime, bequeaths to B that which he had
bequeathed to her. A and his wife perish together, under circumstances which make it impossible to prove that she
died before him, the bequest to B does not take effect.
**131. Bequest over, conditional upon happening or not happening of specified uncertain event.—**
(1) A bequest may be made to any person with the condition super-added, that, in case a specified
uncertain event shall happen, the thing bequeathed shall go to another person, or that in case a specified
uncertain event shall not happen, the thing bequeathed shall go over to another person.
(2) In each case the ulterior bequest is subject to the rules contained in sections 120, 121, 122, 123,
124, 125, 126, 127, 129 and 130.
_Illustrations_
(i) A sum of money is bequeathed to A, to be paid to him at the age of 18, and if he shall die before he attains
that age, to B. A takes a vested interest in the legacy, subject to be divested and to go to B in case A dies under 18.
(ii) An estate is bequeathed to A with a proviso that if A shall dispute the competency of the testator to make a
will, the estate shall go to B. A disputes the competency of the testator to make a will. The estate goes to B.
(iii) A sum of money is bequeathed to A for life, and, after his death, to B, but if B shall then be dead leaving a
son, such son is to stand in the place of B. B takes a vested interest in the legacy, subject to be divested if he dies
leaving a son in A’s lifetime.
(iv) A sum of money is bequeathed to A and B, and if either should die during the life of C, then to the survivor
living at the death of C. A and B die before C. The gift over cannot take effect, but the representative of A takes onehalf of the money, and the representative of B takes the other half.
(v) A bequeaths to B the interest of a fund for life, and directs the fund to be divided at her death equally among
her three children, or such of them as shall he living at her death. All the children of B die in B’s lifetime. The
bequest over cannot take effect, but the interests of the children pass to their representatives.
**132. Condition must be strictly fulfilled.—An ulterior bequest of the kind contemplated by section**
131 cannot take effect, unless the condition is strictly fulfilled.
_Illustrations_
(i) A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, C and D, the legacy
shall go to E. E' dies. Even if A marries without the consent of B and C, the gift to E does not take effect.
(ii) A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, the legacy shall go
to C. A marries with the consent of B. He afterwards becomes a widower and marries again without the consent of
B. The bequest to C does not take effect.
(iii) A legacy is bequeathed to A, to be paid at 18, or marriage, with a proviso that, if A dies under 18 or marries
without the consent of B, the legacy shall go to C. A marries under 18, without the consent of B. The bequest to C
takes effect.
**133. Original bequest not affected by invalidity of second.—If the ulterior bequest be not valid the**
original bequest is not affected by it.
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_Illustrations_
(i) An estate is bequeathed to A for his life with condition super-added that, if he shall not on a given day walk
100 miles in an hour, the estate shall go to B. The condition being void, A retains his estate as if no condition had
been inserted in the will.
(ii) An estate is bequeathed to A for her life and, if she do not desert her husband, to B. A is entitled to the estate
during her life as if no condition had been inserted in the will.
(iii) An estate is bequeathed to A for life, and, if he marries, to the eldest son of B for life. B, at the date of the
testator’s death, had not had a son. The bequest over is void under section 105, and A is entitled to the estate during
his life.
**134. Bequest conditioned that it shall cease to have effect in case a specified uncertain event**
**shall happen, or not happen.—A bequest may be made with the condition super-added that it shall**
cease to have effect in case a specified uncertain event shall happen, or in case a specified uncertain event
shall not happen.
_Illustrations_
(i) An estate is bequeathed to A for his life, with a proviso that, in case he shall cut down a certain wood, the
bequest shall cease to have any effect. A cuts down the wood. He loses his life-interest in the estate.
(ii) An estate is bequeathed to A, provided that, if he marries under the age of 25 without the consent of the
executors named in the will, the estate shall cease to belong to him. A marries under 25 without the consent of the
executors. The estate ceases to belong to him.
(iii) An estate is bequeathed to A, provided that, if he shall not go to England within three years after the
testator's death, his interest in the estate shall cease. A does not go to England within the time prescribed. His
interest in the estate ceases.
(iv) An estate is bequeathed to A, with a proviso that, if she becomes a nun, she shall cease to have any interest
in the estate. A becomes a nun. She loses her interest under the will.
(v) A fund is bequeathed to A for life, and, after his death, to B, if B shall be then living, with a proviso that, if
B shall become a nun, the bequest to her shall cease to have any effect. B becomes a nun in the lifetime of A. She
thereby loses her contingent interest in the fund.
**135. Such condition must not be invalid under section 120.—In order that a condition that a**
bequest shall cease to have effect may be valid, it is necessary that the event to which it relates be one
which could legally constitute the condition of a bequest as contemplated by section 120.
**136. Result of legatee rendering impossible or indefinitely postponing act for which no time**
**specified, and on non-performance of which subject-matter to go over.—Wherea bequest is made**
with a condition super-added that, unless the legatee shall perform a certain act, thesubject-matter of the
bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the
performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones
the performance of the act required, the legacy shall go as if the legatee had died without performing such
act.
_Illustrations_
(i) A bequest is made to A, with a proviso that, unless he enters the Army, the legacy shall go over to B. A takes
Holy Orders, and thereby renders it impossible that he should fulfil the condition. B is entitled to receive the legacy.
(ii) A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's
daughter. A marries a stranger and thereby indefinitely postpones the fulfilment of the conditions. The bequest
ceases to have effect.
**137. Performance of condition, precedent or subsequent, within specified time. Further time In**
**case of fraud.—Where the will requires an act to be performed by the legatee within a specified time,**
either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the non-fulfilment
of which the subject-matter of the bequest is to go over to another person or the bequest is to cease to
have effect, the act must be performed within the time specified, unless the performance of it be
prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for
the delay caused by such fraud.
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CHAPTER XII.—Of Bequests with Directions as to Application or Enjoyment
**138. Direction that fund be employed in particular manner following absolute bequest of same**
**to or for benefit of any person.—Where a fund is bequeathed absolutely to or for the benefit of any**
person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the
legatee shall be entitled to receive the fund as if the will had contained no such direction.
_Illustration_
A sum of money is bequeathed towards purchasing a country residence for A, or to purchase an annuity for A,
or to place A in any business. A choses to receive the legacy in money. He is entitled to do so.
**139. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified**
**benefit for legatee.—Where a testator absolutely bequeaths a fund, so as to sever it from his own estate,**
but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified
benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the
will had contained no such direction.
_Illustrations_
(i) A bequeaths the residue of his property to be divided equally among his daughters, and directs that the shares
of the daughters shall be settled upon themselves respectively for life and be paid to their children after their death.
All the daughters die unmarried. The representatives of each daughter are entitled to her share of the residue.
(ii) A directs his trustees to raise a sum of money for his daughter, and he then directs that they shall invest the
fund and pay the income arising from it to her during her life, and divide the principal among her children after her
death. The daughter dies without having ever had a child. Her representatives are entitled to the fund.
**140. Bequest of fund for certain purposes, some of which cannot be fulfilled.—Where a testator**
does not absolutely bequeath a fund, so as to sever it from his own estate, but gives it for certain purposes,
and part of those purposes cannot be fulfilled, the fund, or so much of it as has not been exhausted upon
the objects contemplated by the will, remains a part of the estate of the testator.
_Illustrations_
(i) A directs that his trustees shall invest a sum of money in a particular way, and shall pay the interest to his son
for life, and at his death shall divide the principal among his children. The son dies without having ever had a child.
The fund, after the son's death, belongs to the estate of the testator.
(ii) A bequeaths the residue of his estate, to be divided equally among his daughters, with a direction that they
are to have the interest only during their lives, and that at their decease the fund shall go to their children. The
daughters have no children. The fund belongs to the estate of the testator.
CHAPTER XIII.—Of Bequests to an Executor
**141. Legatee named as executor cannot take unless be shows intention to act as executor.—If a**
legacy is bequeathed to a person who is named an executor of the will, he shall not take the legacy, unless
he proves the will or otherwise manifests an intention to act as executor.
_Illustration_
A legacy is given to A, who is named an executor. A orders the funeral according to the directions contained in
the will, and dies a few days after the testator, without having proved the will. A has manifested an intention to act
as executor.
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CHAPTER XIV.—Of Specific Legacies
**142. Specific legacy defined.—Where a testator bequeaths to any person a specified part of his**
property, which is distinguished from all other parts of his property, the legacy is said to be specific.
_Illustrations_
(i) A bequeaths to B—
“the diamond ring presented to me by C”:
“my gold chain”:
“a certain bale of wool”:
“a certain piece of cloth”:
“all my household goods which shall be in or about my dwelling-house in M. Street, in Calcutta, at time of my death”:
“the sum of 1,000 rupees in a certain chest”:
“the debt which B owes me”:
“all my bills, bonds and securities belonging to me lying in my lodgings in Calcutta”:
“all my furniture in my house in Calcutta”:
“all my goods on board a certain ship now lying in the river Hughli”:
“2,000 rupees which I have in the hands of C”:
“the money due to me on the bond of D”:
“my mortgage on the Rampur factory”:
“one-half of the money owing to me on my mortgage of Rampur factory”:
“1,000 rupees, being part of a debt due to me from C”:
“my capital stock of 1,0001 in East India Stock”:
“my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. Loan”:
“all such sums of money as my executors may, after my-death, receive in respect of the debt due to me from the
insolvent firm of D and Company”:
“all the wine which I may have in my cellar at the time of my death”:
“such of my horses as B may select”
“all my shares in the Imperial Bank of India”:
“all my shares in the Imperial Bank Of India which I may possess at the time of my death”:
“all the money which I have in the 51/2 per cent. loan of the Central Government”:
“all the Government securities I shall be entitled to at the time of my decease”.
Each of these legacies is specific.
(ii) A, having Government promissory notes for 10,000 rupees, bequeaths to his executors “Government promissory notes
for 10,000 rupees in trust to sell” for the benefit of B. The legacy is specific.
(iii) A, having property at Benares, and also in other places, bequeaths to B all his property at Benares. The legacy is
specific.
(iv) A bequeaths to B—
his house in Calcutta:
his zamindari of Rampur:
histaluq of Ramnagar:
-----
his lease of the indigo-factory of Salkya:
an annuity of 500 rupees out of the rents of his zamindari of W.
A directs his zamindari of X to be sold, and the proceeds to be invested for the benefit of B.
Each of these bequests is specific.
(v) A by his will charges his zamindari of Y with an annuity of 1,000 rupees to C during his life, and subject to
this charge he bequeaths the zamindari to D. Each of these bequests is specific.
(vi) A bequeaths a sum of money—
to buy a house in Calcutta for B:
to buy an estate in zilaFaridpur for B:
to buy a diamond ring for B:
to buy a horse for B:
to be invested in shares in the Imperial Bank of India for B:
to be invested in Government securities for B.
A bequeaths to B—
“a diamond ring”:
“a horse”:
“10,000 rupees worth of Government securities”:
“an annuity of 500 rupees”:
“2,000 rupees to be paid in cash”:
“so much money as will produce 5,000 rupees four per cent. Government securities.”
These bequests are not specific.
(vii) A, having property in England and property in India, bequeaths a legacy to B, and directs that it shall be
paid out of the property which he may leave in India. He also bequeaths a legacy to C, and directs that it shall be
paid out of propertywhich he may leave in England. No one of these legacies is specific.
**143. Bequest of certain sum where stocks, etc., in which invested are described.—Where a**
certain sum is bequeathed, the legacy is not specific merely because the stock, funds or securities in
which it is invested are described in the will.
_Illustration_
A bequeaths to B—
“10,000 rupees of my funded property”:
“10,000 rupees of my property now invested in shares of the East Indian Railway Company”:
“10,000 rupees, at present secured by mortgage of Rampur factory”,
No one of these legacies is specific.
**144. Bequest of stock where testator had, at date of will, equal or greater amount of stock of**
**same kind.—Where a bequest is made in general terms of a certain amount of any kind of stock, the**
legacy is not specific merely because the testator was, at the date of his will, possessed of stock of the
specified kind, to an equal or greater amount than the amount bequeathed.
_Illustration_
A bequeaths to B 5,000 rupees five per cent. Government securities. A had at the .date of the will five per cent.
Government securities for 5,000 rupees. The legacy is not specific.
-----
**145. Bequest of money where not payable until part of testator's property disposed of in certain**
**way.—A money legacy is not specific merely because the will directs its payment to be postponed until**
some part of the property of the testator has been reduced to a certain form, or remitted to a certain place.
_Illustration_
A bequeaths to B 10,000 rupees and directs that this legacy shall be paid as soon as A’s property in India shall
be realised in England. The legacy is not specific.
**146. When enumerated articles not deemed specifically bequeathed.—Where a will contains a**
bequest of the residue of the testator's property along with an enumeration of some items of property not
previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed.
**147. Retention, in form, of specific bequest to several persons in succession.—Where property is**
specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the
testator left it, although it may be of such a nature that its value is continually decreasing.
_Illustrations_
(i) A, having lease of a house for a term of years, fifteen of which were unexpired at the time of his death, has
bequeathed the lease to B for his life, and after B’s death to C. B is to enjoy the property as A left it, although, if B
lives for fifteen years, C can take nothing under the bequest.
(ii) A, having an annuity during the life of B, bequeaths it to C, for his life, and, after C’ s death, to D. C is to
enjoy the annuity as A left it, although, if B dies before D, D can take nothing under the bequest.
**148. Sale and investment of proceeds of property bequeathed to two or more persons in**
**succession.—Where property comprised in a bequest to two or more persons in succession is not**
specifically bequeathed, it shall, in the absence of any direction to the contrary, be sold, and the proceeds
of the sale shall be invested in such securities as the High Court may by any general rule authorise or
direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of
the will.
_Illustration_
A, having a lease for a term of years, bequeaths all his property to B for life, and, after B’s death to C. The lease
must be sold, the proceeds invested as stated in this section and the annual income arising from the fund is to be paid
to B for life. At B’s death the capital of the fund is to be paid to C.
**149. Where deficiency of assets to pay legacies, specific legacy not to abate with general**
**legacies.—If there is a deficiency of assets to pay legacies, a specific legacy is not liable to abate with the**
general legacies.
CHAPTER XV.—Of Demonstrative Legacies
**150. Demonstrative legacy defined.—Where a testator bequeaths a certain sum of money, or a**
certain quantity of any other commodity, and refers to a particular fund or stock so as to constitute the
same the primary fund or stock out of which payment is to be made, the legacy is said to be
demonstrative.
_Explanation.—The distinction between a specific legacy and a demonstrative legacy consists in this,_
that—
where specified property is given to the legatee, the legacy is specific;
where the legacy is directed to be paid out of specified property, it is demonstrative.
_Illustrations_
(i) A bequeaths to B 1,000 rupees, being part of a debt due to him from W. He also bequeaths to C 1,000 rupees
to be paid out of the debt due to him from W. The legacy to B is specific, the legacy to C is demonstrative.
-----
(ii) A bequeaths to B—
“ten bushels of the corn which shall grow in my field of Green Acre”:
“80 chests of the indigo which shall be made at my factory of Rampur”:
“10,000 rupees out of my five per cent.promissory notes of the Central Government”:
“An annuity of 500 rupees from my funded property”:
“1,000 rupees out of the sum of 2,000 rupees due to me by C”:
An annuity, and directs it to be paid “out of the rents arising from my taluk of Ramnagar”.
(iii) A bequeaths to B—
“10,000 rupees out of my estate at Ramnagar,” or charges it on his estate at Ramnagar:
“10,000 rupees, being my share of the capital embarked in a certain business.”
Each of these bequests is demonstrative.
**151. Order of payment when legacy directed to be paid out of fund the subject of specific**
**legacy.—Where a portion of a fund is specifically bequeathed and a legacy is directed to be paid out of**
the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative
legacy shall be paid out of the residue of the fund and, so far as the residue shall be deficient, out of the
general assets of the testator.
_Illustration_
A bequeaths to B 1,000 rupees, being part of a debt due to him from W. He also bequeaths to C 1,000 rupees to
be paid out of the debt due to him from W. The debt due to A from W is only 1,500 rupees; of these 1,500 rupees,
1,000 rupees belong to B. and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets
of the testator.
CHAPTER XVI.—Of Ademption of Legacies
**152. Ademption explained.—If anything which has been specifically bequeathed does not belong to**
the testator at the time of his death, or has been converted into property of a different kind, the legacy is a
deemed; that is, it cannot take effect, by reason of the subject-matter having been withdrawn from the
operation of the will.
_Illustrations_
(i) A bequeaths to B—
“the diamond ring presented to me by C”:
“my gold chain”:
“a certain bale of wool”:
“a certain piece of cloth”:
“all my household goods which shall be in or about my dwelling-house in M. Street in Calcutta, at the time
of mydeath.”
A in his life time,—
sells or gives away the ring:
converts the chain into a cup:
converts the wool into cloth:
makes the cloth into a garment:
takes another house into which he removes all his goods.
Each of these legacies is adeemed.
(ii) A bequeaths to B—
“the sum of 1,000 rupees, in a certain chest”:
“all the horses in my stable”.
-----
At the death of A, no money is found in the chest, and no horses in the stable. The legacies are adeemed.
(iii) A bequeaths to B certain bales of goods. A takes the goods with him on a voyage. The ship and goods are
lost at sea, and A is drowned. The legacy is adeemed.
**153. Non-ademption of demonstrative legacy.—A demonstrative legacy is not adeemed by reason**
that the property on which it is charged by the will does not exist at the time of the death of the testator, or
has been converted into property of a different kind, but it shall in such case be paid out of the general
assets of the testator.
**154. Ademption of specific bequest of right to receive something from third party.—Where the**
thing specifically bequeathed is the right to receive something of value from a third party, and the testator
himself receives it, the bequest is adeemed.
_Illustrations_
(i) A bequeaths to B—
“the debt which C owes me”:
“2,000 rupees which I have in the hands of D”:
“the money due to me on the bond of E”:
“my mortgage on the Rampur factory”,
All these debts are extinguished in A’s lifetime, some with and some without his consent. All the legacies are
adeemed.
(ii) A bequeaths to B his interest in certain policies of life assurance. A in his lifetime receives the amount of the
policies. The legacy is adeemed.
**155. Ademptionpro tanto by testator’s receipt of part of entire thing specifically bequeathed.—**
The receipt by the testator of a part of an entire thing specifically bequeathed shall operate as an
ademption of the legacy to the extent of the sum so received.
_Illustration_
A bequeaths to B “the debt due to me by C”. The debt amounts to 10,000 rupees. C pays to A 5,000 rupees the
one-half of the debt. The legacy is revoked by ademption, so far as regards the 5,000 rupees received by A.
**156. Ademptionpro tanto by testator’s receipt of portion of entire fund of which portion has**
**been specically bequeathed.—If a portion of an entire fund or stock is specifically bequeathed, the**
receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of
the amount so received; and the residue of the fund or stock shall be applicable to the discharge of the
specific legacy.
_Illustration_
A bequeaths to B one-half of the sum of 10,000 rupees due to him from W. A in his lifetime receives 6,000
rupees, part of the 10,000 rupees. The 4,000 rupees which are due from W to A at the time of his death belong to B
under the specific bequest.
**157. Order of payment where portion of fund specifically bequeathed to one legatee, and legacy**
**charged on same fund to another, and, testator having received portion of that fund, remainder**
**insufficient to pay both legacies.—Where a portion of a fund is specifically bequeathed to one legatee,**
and a legacy charged on the same fund is bequeathed to another legatee, then, if the testator receives a
portion of that fund, and the remainder of the fund is insufficient to pay both the specific and the
demonstrative legacy, the specific legacy shall be paid first, and the residue (if any) of the fund shall be
applied so far as it will extend in payment of the demonstrative legacy, and the rest of the demonstrative
legacy shall be paid out of the general assets of the testator.
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_Illustration_
A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him from W. He also bequeaths to C
1,000 rupees to be paid out of the debt due to him from W. A afterwards receives [1][500] rupees, part of that debt,
and dies leaving only 1,500 rupees due to him from W. Of these 1,500 rupees, 1,000 rupees belong to B, and 500
rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator.
**158. Ademption where stock, specifically bequeathed, does not exist at testator’s death.—Where**
stock which has been specifically bequeathed does not exist at the testator's death, the legacy is adeemed.
_Illustration_
A bequeaths to B—
“my capital stock of 1,000£ in East India Stock”:
“my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. loan.”
A sells the stock and the notes. The legacies are adeemed.
**159. Ademptionpro tanto where stock, specifically bequeathed, exists in part only at testator's**
**death.—Where stock which has been specifically bequeathed exists only in part at the testator's death, the**
legacy is adeemed so far as regards that part of the stock which has ceased to exist.
_Illustration_
A bequeaths to B his 10,000 rupees in the 5[1/2 ]per cent. loan of the Central Government. A sells one-half of his
10,000 rupees in the loan in question. One-half of the legacy is adeemed.
**160. Non-ademption of specific bequest of goods described as connected with certain place, by**
**reason of removal.—A specific bequest of goods under a description connecting them with a certain**
place is not adeemed by reason that they have been removed from such place from anytemporary cause,
or by fraud, or without the knowledge or sanction of the testator.
_Illustrations_
(i) A bequeaths to B “all my households goods which shall be in or about my dwelling-house in Calcutta at the
time of my death”. The goods are removed from the house to save them from fire. A dies before they arc brought
back.
(ii) A bequeaths to B “all my household goods which shall be in or about my dwelling-house in Calcutta at the
time of my death”. During A's absence upon a journey, the whole of the goods are removed from the house. A dies
without having sanctioned their removal.
Neither of these legacies is adeemed.
**161. When removal of thing bequeathed does not constitute ademption.—The removal of**
thething bequeathed from the place in which it is stated in the will to be situated does not constitute an
ademption, where the place is only referred to in order to complete the descriptionof what the testator
meant to bequeath.
_Illustrations_
(i) A bequeaths to B “all the bills, bonds and other securities for money belonging to me now lying in my
lodgings in Calcutta”. At the time of his death these effects had been removed from his lodgings in Calcutta.
(ii) A bequeaths to B all his furniture then in his house in Calcutta. The testator has a house at Calcutta and
another at Chinsurah, in which he lives alternately, being possessed ofone set of furniture only which he removes
with himself to each house. At the time of his death the furniture isin the house at Chinsurah.
1. Subs. by Act 10 of 1927, s. 2 and the First Schedule, for “5,000”.
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(iii) A bequeaths to B all his goods on board a certain ship then lying in the river Hughli. The goods are
removed by A’s directions to a warehouse, in which they remain at the time of A's death.
No one of these legacies is revoked by ademption.
**162. When thing bequeathed is a valuable to be received by testator from third person; and**
**testator himself, or his representative, receives it.—Where the thing bequeathed is not the right to**
receive something of value from a third person, but the money or other commodity which may be
received from the third person by the testator himself or by his representatives, the receipt of such sum of
money or other commodity by the testator shall not constitute an ademption; but if he mixes it up with the
general mass of his property, the legacy is adeemed,
_Illustration_
A bequeaths to B whatever sum may be received from his claim on C. A receives the whole of his claim on C,
and sets it apart from the general mass of his property. The legacy is not adeemed.
**163. Change by operation of law of subject of specific bequest between date of will and**
**testator’s death.—Where a thing specifically bequeathed undergoes a change between the date of the**
will and the testator's death, and the change takes place by operation of law, or in the course of execution
of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not
adeemed by reason of such change.
_Illustrations_
A bequeaths to B “all the money which I have in the 5[1/2 ] per cent. loan of the. Central Government”.The
securities for the 5[1/2 ]per cent.loan are converted during A’s lifetime into 5 per cent. stock.
A bequeaths to B the sum of 2,000 f invested in Consols in the names of trustees for A. The sum of 2,000
transferred by the trustees into A’s own name.
A bequeaths to B the sum of 10,000 rupees in promissory notes of the Central government which he has power
under his marriage settlement to dispose of by will. Afterwards, in A’s lifetime, the hind is converted into Consols
by virtue of an authority contained in the settlement.
No one of these legacies has been adeemed.
**164. Change of subject without testator’s knowledge.—Where a thing specifically bequeathed**
undergoes a change between the date of the will and the testator’s death, and the change takes place
without the knowledge or sanction of the testator, the legacy is not adeemed.
_Illustration_
A bequeaths to B “all my 3 per cent. Consols”. The Consols are, without A’s knowledge, sold by his
agent, and the proceeds converted into East India Stock. This legacy is not adeemed.
**165. Stock specifically bequeathed lent to third party on condition that it be replaced.—Where**
stock which has been specifically bequeathed is lent to a third party on condition that it shall be replaced,
and it is replaced accordingly, the legacy is not adeemed.
**166. Stock specifically bequeathed sold but replaced, and belonging to testator at his death.—**
Where stock specifically bequeathed is sold, and an equal quantity of the same stock is afterwards
purchased and belongs to the testator at his death, the legacy is not adeemed.
CHAPTER XVII—Of the payment of liabilities in respect of the subject of a bequest.
**167. Non-liability of executor to exonerate specific legatees.—(1) Where property specifically**
bequeathed is subject at the death of the testator to any pledge, lien or incumbrance created by the testator
himself or by any person under whom he claims, then, unless a contrary intention appears by the will, the
legatee, if he accepts the bequest, shall accept it subject to such pledge or incumbrance, and shall (as
between himself and the testator’s estate) be liable to make good the amount of such pledge or
incumbrance,
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(2) A contrary intention shall not be inferred from any direction which the will may contain for the
payment of the testator's debts generally.
_Explanation.—A periodical payment in the nature of land-revenue or in the nature of rent is not such_
an incumbrance as is contemplated by this section.
_Illustrations_
A bequeaths to B the diamond ring given him by C. At A’s death the ring is held in pawn by D to whom it has
been pledged by A. It is the duty of A’s executors, if the state of the testator's assets will allow them, to allow B to
redeem the ring.
A bequeaths to B a zamindari which at A's death is subject to a mortgage for 10,000 rupees; and the whole of
the principal sum, together with interest to the amount of 1,000 rupees, is due at A's death. B, if he accepts the
bequest, accepts it subject to this charge, and is liable, as between himself and A's estate, to pay the sum of 11,000
rupees thus due.
**168. Compeletion of testator’s title to things bequeathed to be at cost of his estate.—Where**
anything is to be done to complete the testator's title to the thing bequeathed, it is to be done at the cost of
the testator's estate.
_Illustrations_
A, having contracted in general terms for the purchase of a piece of land at a certain price, bequeaths to B, and
dies before he has paid the purchase-money. The purchase-money must be made good out of A’s assets.
A, having contracted for the purchase of a piece of land for a certain sum of money, one-half of which is to be
paid down and the other half secured by mortgage of the land, bequeaths it to B, and dies before he has paid or
secured any part of the purchase-money. One-half of the purchase-money must be paid out of A’s assets.
**169. Exoneration of legatee’s immoveable property for which land-revenue or rent payable**
**periodically.—Where there is a bequest of any interest in immovable property in respect of which**
payment in the nature of land-revenue or in the nature of rent has to be made periodically, the estate of the
testator shall (as between such estate and the legatee) make good such payments or a proportion of them,
as the case may be, up to the day of his death.
_Illustration_
A bequeaths to B a house, in respect of which 365 rupees are payable annually by way of rent. A pays his rent
at the usual time, and dies 25 days after. A’s estate will make good 25 rupees in respect of the rent.
**170. Exoneration of specific legatee’s stock in joint-stock company.—In the absence of any**
direction in the will, where there is a specific bequest of stock in a joint-stock company, if any call or
other payment is due from the testator at the time of his death in respect of the stock, such call or payment
shall, as between the testator's estate and the legatee, be borne by the estate; but, if any call or other
payment becomes due in respect of such stock after the testator's death, the same shall, as between the
testator’s estate and the legatee, be borne by the legatee, if he accepts the bequest.
_Illustrations_
A bequeaths to B his shares in a certain railway. At A’s death there was due from him the sum of 100 rupees in
respect of each share, being the amount of a call which had been duly made, and the sum of five rupees in respect of
each share, being the amount of interest which had accrued due in respect of the call. These payments must be borne
by A’s estate.
A has agreed to take 50 shares in an intended joint-stock company, and has contracted to pay up 100 rupees in
respect of each share, which sum must be paid before his title to the shares can be completed. A bequeaths these
shares to B. The estate of A must make good the payments which were necessary to complete A’s title.
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(iii)A bequeaths to B his shares in a certain railway. B accepts the legacy. After A's death, a call is made in
respect of the shares. B must pay the call.
(iv) A bequeaths to B his shares in a joint-stock company. B accepts the bequest. Afterwards the affairs of the
company are wound up, and each shareholder is called upon for contribution. The amount of the contribution must
be borne by the legatee.
(v) A is the owner of ten shares in a railway company. At a meeting held during his lifetime a call is made of
fifty rupees per share, payable by three instalments. A bequeaths his shares to B, and dies between the day fixed for
the payment of the first and the day fixed for the payment of the second instalment, and without having paid the first
instalment. A’s estate must pay the first instalment, and B, if he accepts the legacy, must pay the remaining
instalments.
CHAPTER XVIII.—Of Bequests of Things described in General Terms
**171. Bequest of thing described in general terms.—If there is a bequest of something described in**
general terms, the executor must purchase for the legatee what may reasonably be considered to answer
the description.
_Illustrations_
(i) A bequeaths to B a pair of carriage-horses or a diamond ring. The executor must provide the legatee with
such articles if the state of the assets will allow it.
(ii) A bequeaths to B “my pair of carriage-horses”. A had no carriage horses at the time of his death. The legacy
fails.
CHAPTER XIX.—Of Bequests of the Interest or Produce of a Fund
**172. Bequest of interest or produce of fund.—Where the interest or produce of a fund is**
bequeathed to any person, and the will affords no indication of an intention that the enjoyment of the
bequest should be of limited duration, the principal, as well as the interest, shall belong to the legatee.
_Illustrations_
(i) A bequeaths to B the interest of his 5 per cent. promissory notes of the Central Government. There is no
other clause in the will affecting those securities. B is entitled to A’s 5 per cent. promissory notes of the Central
Government.
(ii) A bequeaths the interest of his 5[1/2 ]per cent. promissory notes of the Central Government to B for his life,
and after his death to C. B is entitled to the interest of the notes during his life, and C is entitled to the notes upon B's
death.
(iii) A bequeaths to B the rents of his lands at X. B is entitled to the lands.
CHAPTER XX.—Of Bequests of Annuities
**173. Annuity created by will payable for life only unless contrary intention appears by will.—**
Where an annuity is created by will, the legatee is entitled to receive it for his life only, unless a contrary
intention appears by the will, notwithstanding that the annuity is directed to be paid out of the property
generally, or that a sum of money is bequeathed to be invested in the purchase of it.
_Illustrations_
(i) A bequeaths to B 500 rupees a year. B is entitled during his life to receive the annual sum of 500 rupees.
(ii) A bequeaths to B the sum of 500 rupees monthly. B is entitled during his life to receive the sum of 500
rupees every month.
(iii) A bequeaths an annuity of 500 rupees to B for life, and on B’s death to C. B is entitled to an annuity of 500
rupees during his life. C, if he survives B, is entitled to an annuity of 500 rupees from B’s death until his own death.
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**174. Period of vesting where will directs that annuity be provided out of proceeds of property,**
**or out of property generally, or where money bequeathed to be invested in purchase of annuity.—**
Where the will directs that an annuity shall be provided for any person out of the proceeds of property, or
out of property generally, or where money is bequeathed to be invested in the purchase of any annuity for
any person, on the testator's death, the legacy vests in interest in the legatee, and he is entitled at his
option to have an annuity purchased for him or to receive the money appropriated for that purpose by the
will.
_Illustrations_
(i) A by his will directs that his executors shall, out of his property, purchase an annuity of 1,000 rupees for B.
B is entitled at his option to have an annuity of 1,000 rupees for his life purchased for him or to receive such a sum
as will be sufficient for the purchase of such an annuity.
(ii) A bequeaths a fund to B for his life, and directs that after B’s death, it shall be laid out in the purchase of an
annuity for C. B and C survive the testator. C dies in B'S lifetime. On B’s death the,fund belongs to the
representative of C.
**175. Abatement of annuity.—Where an annuity is bequeathed, but the assets of the testator are not**
sufficient to pay all the legacies given by the will, the annuity shall abate in the same proportion as the
other pecuniary legacies given by the will.
**176. Where gift of annuity and residuary gift, whole annuity to be first satisfied.—Where there is**
a gift of an annuity and a residuary gift, the whole of the annuity is to be satisfied before any part of the
residue is paid to the residuary legatee, and, if necessary, the capital of the testator's estate shall be applied
for that purpose.
CHAPTER XXI.—Of Legacies to creditors and Portioners
**177. Creditor prima facie entitled to legacy as well as debt.—Where a debtor bequeaths a legacy to**
his creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the
creditor shall be entitled to the legacy, as well as to the amount of the debt.
**178. Child** **_prima facie entitled to legacy as well as portion.—Where a parent, who is under_**
obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to
the child, and does not intimate by his will that the legacy is meant as a satisfaction of the portion, the
child shall be entitled to receive -the legacy, as well as the portion.
_Illustration_
A, by articles entered into in contemplation of his marriage with B covenanted that he would pay to each of the
daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken.
A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit
of this bequest in addition totheir portions.
**179. No ademption by-subsequent provision for legatee.—No bequest shall be wholly or partially**
adeemed by a subsequent provision made by settlement or otherwise for the legatee.
_Illustrations_
(i) A bequeaths 20,000 rupees to his son B. He afterwards gives to B the sum of 20,000 rupees. The legacy is
not therebyadeemed.
(ii) A bequeaths 40,000 rupees to B, his orphan niece whom he had brought up from her infancy. Afterwards,
on the occasion of B’s marriage, A settles upon her the sum of 30,000 rupees. The legacy is not thereby diminished.
CHAPTER—XXII.—Of Election
**180. Circumstances in which election takes place.—Where a person, by his will, professes to**
dispose of some thing which he has no right to dispose of, the person to whom the thing belongs shall
elect either to confirm such disposition or to dissent from it, and, in the latter case, he shall give up any
benefits which may have been provided for him by the will.
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**181. Devolution of interest relinquished by owner.—An interest relinquished in the circumstances**
stated in section 180 shall devolve as if it had not been disposed of by the will in favour of the legatee,
subject, nevertheless, to the charge of making good to the disappointed legatee the amount or value of the
gift attempted to be given to him by the will.
**182. Testator’s belief as to his ownership immaterial.—The provisions of sections 180 and 181**
apply whether the testator does or does not believe that which he professes to dispose of by his will to be
his own.
_Illustrations_
(i) The farm of Sultanpur was the property of C. A bequeathed it to B, giving a legacy of 1,000 rupees to C. C
has elected to retain his farm of Sultanpur, which is worth 800 rupees. C forfeits his legacy of 1,000 rupees, of
which 800 rupees goes to B, and the remaining 200 rupees falls into the residuary bequest, or devolves according to
the rules of intestate succession, as the case may be.
(ii) A bequeaths an estate to B in case B’s elder brother (who is married and has children) shall leave no issue
living at his death. A also bequeaths to C a jewel, which belongs to B. B must elect to give up the jewel or to lose
the estate.
(iii) A bequeaths to B 1,000 rupees, and to C an estate which will, under a settlement, belong to B if his elder
brother (who is married and has children) shall leave no issue living at his death. B must elect to give up the estate
or to lose the legacy.
(iv) A, a person of the age of 18, domiciled in [1][India] but owning real property in England, to which C is heir at
law, bequeaths a legacy to C and, subject thereto, devises and bequeaths to B “all my property whatsoever and
wheresoever,” and dies under 21. The real property in England does not pass by the will. C may claim his legacy
without giving up the real property in England.
**183. Bequest for man’s benefit how regarded for purpose of election.—A bequest for a person's**
benefit is, for the purpose of election, the same thing as a bequest made to himself.
_Illustration_
The farm of SultanpurKhurd being the property of B, A bequeathed it to C: and bequeathed another farm called
SultanpurBuzurg to his own executors with a direction that it should be sold and the proceeds applied in payment of
B's debts. B must elect whether he will abide by the will, or keep his farm of SultanpurKhurd in opposition to it.
**184. Person deriving benefit indirectly not put to election.—A person taking .no benefit directly**
under a will, but deriving a benefit under it indirectly, is not put to his election.
_Illustration_
The lands of Sultanpur are settled upon C for life, and after his death upon D, his only child. A bequeaths the
lands of Sultanpur to B, and 1,000 rupees to C. C dies intestate shortly after the testator, and without having made
any election. D takes out administration to C, and as administrator elects on behalf of C’s estate to take under the
will. In that capacity he receives the legacy of 1,000 rupees and accounts to B for the rents of the lands of Sultanpur
which accrued after the death of the testator and before the death of C. In his individual character he ratains the
lands of Sultanpur in opposition to the will.
**185. Person taking in individual capacity under will may In other character elect to take in**
**opposition.—A person who in his individual capacity takes a benefit under a will may, in another**
character, elect to take in opposition to the will.
_Illustration_
The estate of Sultanpur is settled upon A for life, and after his death, upon B. A leaves the estate of Sultanpur to
D, and 2,000 rupees to B, and 1,000 rupees to C, who is B’s only child. B dies intestate, shortly after the testator,
without having made an election. C takes out administration to B, and as administrator elects to keep the estate of
Sultanpur in opposition to the will, and to relinquish the legacy of 2,000 rupees. C may do this, and yet claim his
legacy of 1,000 rupees under the will.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
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**186. Exception to provisions of last six sections.—Notwithstanding anything contained in sections**
180 to 185, where a particular gift is expressed in the will to be in lieu of something belonging to the
legatee, which is also in terms disposed of by the will, then, if the legatee claims that thing, he must
relinquish the particular gift, but he is not bound to relinquish any other benefit given to him by the will.
_Illustration_
Under A’s marriage-settlement his wife is entitled, if she survives him, to the enjoyment of the estate of
Sultanpur during her life. A by his will bequeaths to his wife an annuity of 200 rupees during her life, in lieu of her
interest in the estate of Sultanpur, which estate he bequeaths to his son. He also gives his wife a legacy of 1,000
rupees. The widow elects to take what she is entitled to under the settlement. She is bound to relinquish the annuity
but not the legacy of 1,000 rupees.
**187. When acceptance of benefit given by will constitutes election to take under will.—**
Acceptance of a benefit given by a will constitutes an election by the legatee to take under the will, if he
had knowledge of his right to elect and of those circumstances which would influence the judgment of a
reasonable man in making an election, or if he waives inquiry into the circumstances.
_Illustrations_
(i) A is owner of an estate called SultanpurKhurd, and has a life interest in anotuer estate called
SultanpurBuzurg to which upon his death his son B will be absolutely entitled. The will of A gives the estate of
SultanpurKhurd to B, and the estate of SultanpurBuzurg to C. B, in ignorance of his own right to the estate of.
SultanpurBuzurg, allows C to take possession of it, and enters into possession of the estate of SultanpurKhurd. B has
not confirmed the bequest of SultanpurBuzurg to C.
(ii) B, the eldest son of A, is the possessor of an estate called Sultanpur. A bequeaths Sultanpur to C, and to B
the residue of A’s property. B having been informed by A’s executors that the residue will amount to 5,000 rupees,
allows C to take possession of Sultanpur. He afterwards discovers that the residue does not amount to more than 500
rupees. B has not confirmed the bequest of the estate of Sultanpur to C.
**188. Circumstances in which knowledge or waiver is presumed or inferred.—(1) Such**
knowledge or waiver of inquiry shall, in the absence of evidence to the contrary, be presumed if the
legatee has enjoyed for two years the benefits provided for him by the will without doing any act to
express dissent.
(2) Such knowledge or. waiver of inquiry may be inferred from any act of the legatee which renders it
impossible to place the persons interested in the subject-matter of the bequest in the same condition as if
such act had not been done.
_Illustration_
A bequeaths to B an estate to which C is entitled, and to C a coal-mine. C takes possession of the mine and
exhausts it. He has thereby confirmed the bequest of the estate to B.
**189. When testator’s representatives may call upon legatee to elect.—If the legatee does not,**
within one year after the death of the testator, signify to the testator’s representatives his intention to
confirm or to dissent from the will, the representatives shall, upon the expiration of that period, require
him to make his election; and; if he does not comply with such requisition within a reasonable time after
he has received it, he shall be deemed to have elected to confirm the will.
**190. Postponement of election in case of disability.—In case of disability the election shall be**
postponed until the disability ceases, or until the election is made by some competent authority.
CHAPTER XXIII.—Of Gifts in Contemplation of Death
**191. Property transferable by gift made in contemplation of death.—(1) A man may dispose, by**
gift made in contemplation of death, of any moveable property which he could dispose of by will.
(2) A gift is said to be made in contemplation of death where a man, who is ill and expects to die
shortly of his illness, delivers, to another the possession: of any moveable property to keep as a gift in
case the donor shall die of that illness.
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(3) Such a gift may be resumed by the giver; and shall not take effect if he recovers from the illness
during which it was made; nor if he survives the person to whom it was made.
_Illustrations_
(i) A, being ill, and in expectation of death, delivers to B, to be retained by him in case of A’s death,—
a watch:
a bond granted by C to A:
a bank-note:
a promissory note of the Central Government endorsed in blank:
a bill of exchange endorsed in blank:
certain mortgage-deeds.
A dies of the illness during which he delivered these articles.
B is entitled to—
the watch:
the debt secured by C’s bond:
the bank-note:
the promissory note of the Central Government :
the bill of exchange:
the money secured by the mortgage-deeds.
(ii) A, being ill, and in expectation of death, delivers to B the key of a trunk or the key of a warehouse in which
goods of bulk belonging to A are deposited, with the intention of giving him the control over the contents of the
trunk, or over the deposited goods, and desires him to keep them in case of A’s death. A dies of the illness during
which he delivered these articles. B is entitled to the trunk and its contents or to A’s goods of bulk in the warehouse.
(iii) A, being ill, and in expectation of death, puts aside certain articles in separate parcels and marks upon the
parcels respectively the names of B and C. The parcels are not delivered during the life of A. A, dies of the illness
during which he set aside the parcels. B and C are not entitled to the contents of the parcels.
PART VII
PROTECTION OF PROPERTY OF DECEASED
**192. Person claiming right by succession to property of deceased may apply for relief against**
**wrongful possession.—(1) If any person dies leaving property, moveable or immoveable, any person**
claiming a right by succession thereto, or to any portion thereof, may make application to the District
Judge of the district where any part of the property is found or situate for relief, either after actual
possession has been taken by another person, or when forcible means of seizing possession are
apprehended.
(2) Any agent, relative or near friends, or the Court of Wards in cases within their cognizance, may,
in the event of any minor, or any disqualified or absent person being entitled by succession to such
property as aforesaid, make the like application for relief.
**193. Inquiry made by Judge.—The District Judge to whom such application is made shall, in the**
first place, examine the applicant on oath, and may make such further inquiry, if any, as he thinks
necessary as to whether there is sufficient ground for believing that the party in possession or taking
forcible means for seizing possession has no lawful title, and that the applicant, or the person on whose
behalf he applies is really entitled and is likely to be materially prejudiced if left to the ordinary remedy of
a suit, and that the application is made bona fide.
**194. Procedure.—If the District Judge is satisfied that there is sufficient ground for believing as**
aforesaid but not otherwise, he shall summon the party complained of, and give notice of vacant or
disturbed possession by publication, and, after the expiration of a reasonable time, shall determine
summarily the right to possession (subject to a suit as hereinafter provided) and shall deliver possession
accordingly.
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Provided that the Judge shall have the power to appoint an officer who shall take an inventory of
effects, and seal or otherwise secure the same, upon being applied to for the purpose, without delay,
whether he shall have concluded the inquiry necessary for summoning the party complained of or not.
**195. Appointment of curator pending determination of proceeding.—If it further appears upon**
such inquiry as aforesaid that danger is to be apprehended of the misappropriation or waste of the
property before the summary proceeding can be determined, and that the delay in obtaining security from
the party in possession or the insufficiency thereof is likely to expose the party out of possession to
considerable risk, provided he is the lawful owner, the District Judge may appoint one or more curators
whose authority shall continue according to the terms of his or their respective appointment, and in no
case beyond the determination of the summary proceeding and the confirmation or delivery of possession
in the consequence thereof:
Provided that, in the case of land, the Judge may delegate to the Collector, or to any officer
subordinate to the Collector, the powers of a curator:
Provided, further, that every appointment of a curator in respect of any property shall be duly
published.
**196. Powers conferrable on curator.—The District Judge may authorise the curator to take**
possession of the property either generally, or until security is given by the party in possession, or until
inventories of the property have been made, or for any other purpose necessary for securing the property
from misappropriation or waste by the party in possession:
Provided that it shall be in the discretion of the Judge to allow the party in possession to continue in
such possession on giving security or not, and any continuance in possession shall be subject to such
orders as the Judge may issue touching inventories, or the securing of deeds or other effects.
**197. Prohibition of exercise of certain powers by curators.—(1) Where a certificate has been**
granted under Part X or under the Seccession Certificate Act, 1889[1] (7 of 1889), or a grant of probate or
letters of administration has been made, a curator appointed under this Part shall not exercise any
authority lawfully belonging to the holder of the certificate or to the executor or administrator.
(2) **Payment of debts, etc., to curator.—All persons who have paid debts or rents to a curator**
authorised by a Court to receive them shall be indemnified, and the curator shall be responsible for the
payment thereof to the person who has obtained the certificate, probate or letters of administration, as the
case may be.
**198. Curator to give security and may receive remuneration.—(1) The District Judge shall take**
from the curator security for the faithful discharge of his trust, and for rendering, satisfactory accounts of
the same as hereinafter provided, and may authorise him to receive out of the property such remuneration,
in no case exceeding five per centum on the moveable property and on the annual profits of the
immoveable property, as the District Judge thinks reasonable.
(2) All surplus money realized by the curator shall be paid into Court, and invested in public
securities for the benefit of the persons entitled thereto upon adjudication of the summary proceeding.
(3) Security shall be required from the curator with all reasonable despatch, and where it is
practicable, shall be taken generally to answer all cases for which the person may be afterwards appointed
curator; but no delay in the taking of security shall prevent the Judge from immediately investing the
curator with the powers of his office.
1. Rep. partly by Act 39 of 1925, and finally by Act 1 of 1938.
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**199. Report from Collector where estate includes revenue paying land.—(1) Where the estate of**
the deceased person consists wholly or in part of land paying revenue to Government, in all matters
regarding the propriety of summoning the party in possession, of appointing a curator, or of nominating
individuals to that appointment, the District Judge shall demand a report from the Collector, and the
Collector shall thereupon furnish the same:
Provided that in cases of urgency the Judge may proceed, in the first instance, without such report.
(2) The Judge shall not be obliged to act in conformity with any such report, but, in case of his acting
otherwise than according to such report, he shall immediately forward a statement of his reasons to the
High Court, and the High Court, if it is dissatisfied with such reasons, shall direct the Judge to proceed
conformably to the report of the Collector.
**200. Institution and defence of suits.—The curator shall be subject to all orders of the District Judge**
regarding the institution or the defence of suits, and all suits may be instituted or defended in the name of
the curator on behalf of the estate:
Provided that an express authority shall be requisite in the order of the curator’s appointment for the
collection of debts or rents; but such express authority shall enable the curator to give a full acquittance
for any sums of money received by virtue thereof.
**201. Allowances to apparent owners pending custody by curator.—Pending the custody of the**
property by the curator, the District Judge may make such allowances to parties having a prima facie right
thereto as upon a summary investigation of the right and circumstances of the parties interested he
considers necessary, and may, at his discretion, take security for the repayment thereof with interest, in
the event of the party being found, upon the adjudication of the summary proceeding, not to be entitled
thereto.
**202. Accounts to be filed by curator.—The curator shall file monthly accounts in abstract, and shall,**
on the expiry of each period of three months, if his administration lasts so long, and, upon giving up the
possession of the property, file a detailed account of his administration to the satisfaction of the District
Judge.
**203. Inspection of accounts and right of interested party to keep duplicate.—(1) The accounts of**
the curator shall be open to the inspection of all parties interested; and it shall be competent for any such
interested party to appoint a separate person to keep a duplicate account of all receipts and payments by
the curator.
(2) If it is found that the accounts of the curator are in arrear, or that they are erroneous or incomplete,
or if the curator does not produce them whenever he is ordered to do so by the District Judge, he shall be
punishable with fine not exceeding one thousand rupees for every such default.
**204. Bar to appointment of second curator for same property.—If the Judge of any district has**
appointed a curator; in respect to the whole of the property of a deceased person, such appointment shall
preclude the Judge of any other district within the same State from appointing any other curator, but the
appointment of a curator in respect of a portion of the property of the deceased shall not preclude the
appointment within the same State of another curator in respect of the residue or any portion thereof
Provided that no Judge shall appoint curator or entertain a summary proceeding in respect of property
which is the subject of a summary proceeding previously instituted under this Part before another Judge:
Provided, further, that if two or more curators are appointed by different Judges for several parts of an
estate, the High Court may make such order as it thinks fit for the appointment of one curator of the
whole property.
**205. Limitation of time for application for curator.—An application under this Part to the District**
Judge must be made within six months of the death of the proprietor whose property is claimed by right in
succession.
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**206. Bar to enforcement of Part against public settlement or legal directions by**
**deceased.—Nothing in this Part shall be deemed to authorise the contravention of any public act of**
settlement or of any legal directions given by a deceased proprietor of any property for the possession of
his property after his decease in the event of minority or otherwise, and, in every such case, as soon as the
Judge having jurisdiction over the property of a deceased person is satisfied of the existence of such
directions, he shall give effect thereto.
**207. Court of Wards to be made curator in case of minors having property subject to its**
**jurisdiction.—Nothing in this Part shall be deemed to authorise any disturbance of the possession of a**
Court of Wards of any property; and in case a minor, or other disqualified person whose property is
subject to the Court of Wards, is the party on whose behalf application is made under this Part, the
District Judge, if he determines to summon the party in possession and to appoint a curator, shall invest
the Court of Wards with the curatorship of the estate pending the proceeding without taking security as
aforesaid; and if the minor or other disqualified person, upon the adjudication of the summary proceeding,
appears to be entitled to the property, possession shall be delivered to the Court of Wards.
**208. Saving of right to bring suit.—Nothing contained in this Part shall be any impediment to the**
bringing of a suit either by the party whose application may have been rejected before or after the
summoning of the party in possession, or by the party who may have been evicted from the possession
under this Part.
**209. Effect of decision of summary proceeding.—The decision of a District Judge in a summary**
proceeding under this Part shall have no other effect than that of settling the actual possession; but for this
purpose it shall be final, and shall not be subject to any appeal or review.
**210. Appointment of public curators.—The State Government may appoint public curators for any**
district or number of districts; and the District Judge having jurisdiction shall nominate such public
curators in all cases where the choice of a curator is left discretionary with him under this Part.
PART VIII
REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION
**211. Character and property of executor or administrator as such.—(1) The executor or**
administrator, as the case may be, of a deceased person is his legal representative for all purposes, and all
the property of the deceased person vests in- him as such.
(2) When the deceased was a Hindu, Muhammadan, Budhist, Sikh, [1][Jaina or Parsi] or an exempted
person, nothing herein contained shall vest in an executor or administrator any property of the deceased
person which would otherwise have passed by survivorship to some other person.
**212. Right to intestate’s property.—(1) No right to any part of the property of a person who has**
died intestate can be established in any Court of Justice, unless letters of administration have first been
granted by a Court of competent jurisdiction.
(2) This section shall not apply in the case of the intestacy of a Hindu, Muhammadan, Buddhist, Sikh,
Jaina, [2][Indian Christian or Parsi].
**213. Right as executor or legatee when established.—(1) No right as executor or legatee can be**
established in any Court of Justice, unless a Court of competent jurisdiction in [3][India] has granted
probate of the will under which the right is claimed, or has granted letters of administration with the will
or with a copy of an authenticated copy of the will annexed.
1. Subs. by Act 16 of 1962, s. 2, for “or Jaina”.
2. Subs. by s. 3, ibid., for “or Indian Christian”.
3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
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1[(2) This section shall not apply in the case of wills made by Muhammadans 2[or Indian Christians],
and shall only apply—
(i) in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the
classes specified in clauses (a) and (b) of section 57; and
(ii) in the case of wills made by any Parsi dying, after the commencement of the Indian
Succession (Amendment) Act, 1962 (16 of 1962), where such wills are made within the local limits
of the [3][ordinary-original civil jurisdiction] of the High Courts at Calcutta, Madras and Bombay, and
where such wills are made outside those limits, in so far as they relate to immovable property situate
within those limits.]
**STATE AMENDMENTS**
**Karela.—**
**Amendment of section 213.—In sub-section (2) of section 213 of the Indian Succession Act,**
1925 (Central Act 39 of 1925), after the word ‘Muhammadans’, the words ‘or Indian Christians’ shall
be inserted.
[Vide Kerala Act 1 of 1997, sec. 2].
**214. Proof of representative title a condition precedent to recovery through the Courts of debts**
**from debtors of deceased persons.—(1) No Court shall—**
(a) pass a decree against a debtor of a deceased person for payment of his debt to a person
claiming on succession to be entitled to the effects of the deceased person or to any part thereof, or
(b) proceed, upon an application of a person claiming to be so entitled, to execute against such a
debtor a decree or order for the payment of his debt,
except on the production, by the person so claiming of—
(i) a probate or letters of administration evidencing the grant to him of administration to the estate
of the deceased, or
(ii) a certificate granted under section 31 or section 32 of the Administrator General’s Act, 1913
(3 of 1913), and having the debt mentioned therein, or
(iii) a succession certificate granted under Part X and having the debt specified therein, or
(iv) a certificate granted under the Succession Certificate Act, 1889[4] (7 of 1889), or
(v) a certificate granted under Bombay Regulation No. VIII of 1827, and, if granted after the first
day of May, 1889, having the debt specified therein.
(2) The word “debt” in sub-section (1) includes any debt except rent, revenue or profits payable in
respect of land used for agricultural purposes.
**215. Effection certificate of subsequent probate or letters of administration.—(1) A grant of**
probate or letters of administration in respect of an estate shall be deemed to supersede any certificate
previously granted under Part X or under the Succession Certificate Act, 1889[4] (7 of 1889) or Bombay
Regulation No. VIII of 1827, in respect of any debts or securities included in the estate.
(2) When at the time of the grant of the probate or letters any suit or other proceeding instituted by the
holder of any such certificate regarding any such debt or security is pending, the person to whom the
grant is made shall, on applying to the Court in which the suit or proceeding is pending, be entitled to take
the place of the holder of the certificate in the suit or proceeding:
Provided that, when any certificate is superseded under this section, all payments made to the holder
of such certificate in ignorance of such supersession shall be held good against claims under the probate
or letters of administration.
**216. Grantee of probate or administration alone to sue, etc., until same revoked.—After any**
grant of probate or letters of administration, no other than the person to whom the same may have been
granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased,
throughout the State in which the same may have been granted, until such probate or letters of
administration has or have been recalled or revoked.
1. Subs. by Act 16 of 1962, s. 4, for sub-section (2).
2. Ins. by Act 26 of 2002, s. 3 (w.e.f. 27-5-2002).
3. Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for “ordinary civil jurisdiction”.
4. Rep. partly by Act 39 of 1925, and finally by Act 1 of 1938.
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PART IX
PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED
**217. Application of Part.—Save as otherwise provided by this Act or by any other law for the time**
being in force, all grants of probate and letters of administration with the will annexed and the
administration of the assets of the deceased in cases of intestate succession shall be made or carried out,
as the case may be, in accordance with the provisions of this Part.
CHAPTER I.—Of Grant of Probate and Letters of Administration
**218. To whom administration may be granted, where deceased is a Hindu, Muhammadan,**
**Budhist, Sikh, Jaina or exempted person.—(1) If the deceased has died intestate and was a Hindu,**
Muhammadan, Buddhist, Sikh or Jaina or an exempted person, administration of his estate may be
granted to any person who, according to the rules for the distribution of the estate applicable in the case of
such deceased, would be entitled to the whole or any part of such deceased's estate.
(2) When several such persons apply for such administration, it shall be in the discretion of the Court
to grant it to any one or more of them.
(3) When no such person applies, it may be granted to a creditor of the deceased.
**219. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted**
**person.—If the deceased has died intestate and was not a person belonging to any of the classes referred**
to in section 218, those who are connected with him, either by marriage or by consanguinity, are entitled
to obtain letters of administration of his estate and effects in the order and according to the rules
hereinafter stated, namely:—
(a) If the deceased has left a widow, administration shall be granted to the widow, unless the
Court sees cause to exclude her, either on the ground of some personal disqualification, or because
she has no interest in the estate of the deceased.
_Illustrations_
(i) The widow is a lunatic or has committed adultery or has been barred by her marriage settlement of all
interest in her husband’s estate. There is cause for excluding her from the administration.
(ii) The widow has married again since the decease of her husband. This is not good cause for her exclusion.
(b) If the Judge thinks proper, he may associate any person or persons with the widow in the
administration who would be entitled solely to the administration if there were no widow.
(c) If there is no widow, or if the Court sees cause to exclude the widow, it shall commit the
administration to the person or persons who would be beneficially entitled to the estate according to
the rules for the distribution of an intestate’s estate:
Provided that, when the mother of the deceased is one of the class of persons so entitled, she shall
be solely entitled to administration.
(d) Those who stand in -equal degree of kindred to the deceased are equally entitled to
administration.
(e) The husband surviving his wife has the same right of administration of her estate as the widow
has in respect of the estate of her husband.
(f) When there is no person connected with the deceased by marriage or consanguinity who is
entitled to letters of administration and willing to act, they may be granted to a creditor.
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(g) Where the deceased has left property in [1] [India], letters of administration shall be granted
according to the foregoing rules, notwithstanding that he had his domicile in a country in which the law
relating to testate and intestate succession differs from the law of [1][India].
**220. Effect of letters of administration.—Letters of administration entitle the administrator to all**
rights belonging to the intestate as effectually as if the administration had been granted at the moment
after his death.
**221. Acts not validated by administration.—Letters of administration do not render valid any**
intermediate acts of the administrator tending to the diminution or damage of the intestate's estate.
**222. Probate only to appointed executor.—(1) Probate shall be granted only to an executor**
appointed by the will.
(2) The appointment may be expressed or by necessary implication.
_Illustrations_
(i) A wills that C be his executor if B will not. B is appointed executor by implication.
(ii) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law C, and
adds “but should the within-named C be not living I do constitute and appoint B my whole and sole executrix”. C is
appointed executrix by implication.
(iii) A appoints several persons executors of his will and codicils’ and his nephew residuary legatee, and in
another codicil are these words,—“I appoint my nephew my residuary legatee to discharge all lawful demands
against my will and codicils signed of different dates”. The nephew is appointed an executor by implication.
**223. Persons to whom probate cannot be granted.—Probate cannot be granted to any person who**
is a minor or is of unsound mind [2][nor to any association of individuals unless it is a company which
satisfies the conditions prescribed by rules to be made [3][,by notification in the Official Gazette] by the
4[State Government] in this behalf].
**224. Grant of probate to several executors simultaneously or at different times.—When several**
executors are appointed, probate may be granted to them all simultaneously or at different times.
_Illustration_
A is an executor of B's will by express appointment and C an executor of it by implication. Probate may be
granted to A and C at the same time or to A first and then to C, or to C first and then to A.
**225. Separate probate of codicil discovered after grant of probate.—(1) If a codicil is discovered**
after the grant of probate, a separate probate of that codicil may be granted to the executor, if it in no way
repeals the appointment of executors made by the will.
(2) If different executors are appointed by the codicil, the probate of the will shall be revoked, and a
new probate granted of the will and the codicil together.
**226. Accrual of representation to surviving executor.—When probate has been granted to several**
executors, and one of them dies, the entire representation of the testator accrues to the surviving executor
or executors.
**227. Effect of probate.—Probate of a will when granted establishes the will from the death of the**
testator, and renders valid all intermediate acts of the executor as such.
**228. Administration, with copy annexed, of authenticated copy of will proved abroad.—When a**
will has been proved and deposited in a Court of competent jurisdiction situated beyond the limits of the
State, whether within or beyond the limits of [5][India], and a properly authenticated copy of the will is
produced, letters of administration may be granted with a copy of such copy annexed.
1. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States."
2. Added by Act 17 of 1931, s. 2. The words "nor, unless the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an
exempted person, to a married woman without the previous consent of her husband" which originally occurred at the end of
this section had been omitted by Act 18 of 1927, s. 2.
3. Ins. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984).
4. The words "G.G. in C.” have been successively amended by the A.O. 1937 and the A.O. 1950 to read as above.
5. Subs. by A.O. 1950, for "His Majesty's Domination".
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**229. Grant of administration where executor has not renounced.—When a person appointed an**
executor has not renounced the executorship, letters of administration shall not be granted to any other
person until a citation has been issued, calling upon the executor to accept or renounce his executorship:
Provided that, when one or more of several executors have proved a will, the Court may, on the death
of the survivor of those who have proved, grant letters of administration without citing those who have
not proved.
**230. Form and effect of renunciation of executorship.—The renunciation may be made orally in**
the presence of the Judge, or by a writing signed by the person renouncing, and when made shall preclude
him from ever thereafter applying for probate of the will appointing him executor.
**231. Procedure where executor renounces or fails to accept within time limited.—If an executor**
renounces or fails to accept an executorship within the time limited for the acceptance or refusal thereof,
the will may be proved and letters of administration, with a copy of the will annexed, may be granted to
the person who would be entitled to administration in case of intestacy.
**232. Grant of administration to universal or residuary legatees.—When—**
(a) the deceased has made a will, but has not appointed an executor, or
(b) the deceased has appointed an executor who is legally incapable or refuses to act, or who has
died before the testator or before he has proved the will, or
(c) the executor dies after having proved the will, but before he has administered all the estate of
the deceased,
an universal or a residuary legatee may be admitted to prove the will, and letters of administration with
the will annexed may be granted to him of the whole estate, or of so much thereof as may be
unadministered.
**233. Right to administration of representative of deceased residuary legatee.—When a residuary**
legatee who has a beneficial interest survives the testator, but dies before the estate has been fully
administered, his representative has the same right to administration with the will annexed as such
residuary legatee.
**234. Grant of administration where no executor, nor residuary legatee nor representative of**
**such legatee.—When there is no executor and no residuary legatee or representative of a residuary**
legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be
entitled to the administration of the estate of the deceased if he had died intestate, or any other legatee
having a beneficial interest, or a creditor, may be admitted to prove the will, and letters of administration
may be granted to him or them accordingly.
**235. Citation before grant of administration to legatee other than universal or residuary.—**
Letters of administration with the will annexed shall not be granted to any legatee other than an universal
or a residuary legatee, until a citation has been issued and published in the manner hereinafter mentioned,
calling on the next-of-kin to accept or refuse letters of administration.
**236. To whom administration may not be granted.—Letters of administration cannot be granted to**
any person who is a minor or is of unsound mind, [1][nor to any association of individuals unless it is a
company which satisfies the conditions prescribed by rules to be made [2][by notification in the Official
Gazette,] by the [3][State Government] in this behalf].
1. Added by Act 17 of 1931, s. 2. The words "nor, unless the deceased was a Hindu, Muhammadan, Buddhist, Sikh, or Jaina or
an exempted person, to a married woman without the previous consent of her husband" which originally occurred at the end of
this section had been omitted by Act 18 of 1927, s. 2.
2. Ins. by Act 20 of 1983, s.2 and Sch. (w.e.f. 15-3-1984).
3. The words “G.G. in C.”have been successively amended by the A.O. 1937 and the A.O. 1950 to read as above.
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1[236A. Laying of rules before State Legislature.—Every rule made by the State Government under
section 223 and section 236 shall be laid, as soon as it is made, before the State Legislature.]
CHAPTER II—Of Limited Grants
_Grants limited in duration_
**237. Probate of copy or draft of lost will.—When a will has been lost or mislaid since the**
testator's death, or has been destroyed by wrong or accident and not by any act of the testator, and
a copy or the draft of the will has been preserved, probate may .be granted of such copy or draft,
limited until the original or a properly authenticated copy of it is produced.
**238. Probate of contents or lost of destroyed will.—When a will has been lost or destroyed and no**
copy has been made nor the draft preserved, probate may be granted of its contents if they can be
established by evidence.
**239. Probate of copy where original exists.—When the will is in the possession of a person residing**
out of the State in which application for probate is made, who has refused or neglected to deliver it up,
but a copy has been transmitted to the executor, and it is necessary for the interests of the estate that
probate should be granted without waiting for the arrival of the original, probate may be granted of the
copy so transmitted, limited until the will or an authenticated copy of it is produced.
**240. Administration until will produced.—Where no will of the deceased is forthcoming, but there**
is reason to believe that there is a will in existence, letters of administration may be granted, limited until
the will or an authenticated copy of it is produced.
_Grants for the use and benefit of others having right_
**241. Administration, with will annexed, to attorney of absent executor.—When any executor**
is absent from the State in which application is made, and there is no executor within the State
willing to act, letters of administration, with the will annexed, may be granted to the attorney or
agent of the absent executor, for the use and benefit of his principal, limited until he shall obtain
probate or letters of administration granted to himself.
**242. Administration, with will annexed to attorney of a absent person who, if present, would be**
**entitled to administer.—When any person to whom, if present, letters of administration, with the will**
annexed, might be granted, is absent from the State, letters of administration, with the will annexed may
be granted to his attorney or agent, limited as mentioned in section .241.
**243. Administration to attorney of absent person entitled to administer in case of intestacy.—**
When a person entitled to administration in case of intestacy is absent from the State, and no person
equally entitled is willing to act, letters of administration may be granted to the attorney or agent of the
absent person, limited as mentioned in section 241.
**244. Administration during minority of sole executor or residuary legatee.—When a minor is**
sole executor or sole residuary legatee, letters of administration, with the will annexed, may be granted to
the legal guardian of such minor or to such other person as the Court may think fit until the minor has
attained his majority at which period, and not before, probate of the will shall be granted to him.
**245. Administration during minority of several executors or residuary legatee.—When there are**
two or more minor executors and no executor who has attained majority, or two or more residuary
legatees and no residuary legatee who has attained majority, the grant shall be limited until one of them
shall have attained his majority.
1. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
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**246. Administration for use and benefit of lunatic or minor.—If a sole executor or a sole universal**
or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the
rule for the distribution of intestates' estates applicable in the case of the deceased, is a minor or lunatic,
letters of administration with or without the will annexed, as the case may be, shall be granted to the
person to whom the care ii)f his estate has been committed by competent authority, or, if there is no such
person, to such other peron as the Court may think fit to appoint, for the use and benefit of the minor or
lunatic until he attains majority or becomes of sound mind, as the case may be.
**247. Administration pendente lite.—Pending any suit touching the validity of the will of a deceased**
person or for obtaining or revoking any probate or any grant of letters of administration, the Court may
appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of
a general administrator, other than the right of distributing such estate, and every suet. administrator shall
be subject to the immediate control of the Court and shall act under its direction.
_Grants for special purposes_
**248. Probate limited to purpose specified in will.—If an executorappointed for any limited**
purpose specified in the will, the probate shall be limited to that purpose, and if he should appoint an
attorney or agent to take administration on his behalf, the letters of administration, with the will annexed,
shall be limited accordingly.
**249. Administration, with will annexed, limited to particular purpose.—If an executor appointed**
generally gives an authority to an attorney or agent to prove a will on his behalf, and the authority is
limited to a particular purpose, the letters of administration, with the will annexed, shall be limited
accordingly.
**250. Administration limited to property in which person has beneficial interest.—Where a**
person dies, leaving property of which he was the sole or surviving trustee, or in which he had no
beneficial interest on his own account, and leaves no general representative, or one who is unable or
unwilling to act as such, letters of administration, limited to such property, may be granted to the
beneficiary, or to some other person on his behalf.
**251. Administration limited to suit.—When it is necessary that the representative of a person**
deceased be made a party to a pending suit, and the executor, or person entitled to administration is
unable or unwilling to act, letters of administration may be granted to the nominee of a party in such suit,
limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which
may be commenced in the same or in any other Court between the parties, or any other parties, touching
the matters at issue in the said cause or suit, and until a final decree shall be made therein and carried into
complete execution.
**252. Administration limited to purpose of becoming party to suit to be brought against**
**administrator.—If, at the expiration of twelve months from the date of any probate or letters of**
administration, the executor or administrator to whom the same has been granted is absent from the State
within which the Court which has granted the probate or letters of administration exercises jurisdiction,
the Court may grant, to any person whom it may think fit, letters of administration limited to the purpose
of becoming and being made a party to a suit to be brought against the executor or administrator, and
carrying the decree which may be made therein into effect.
**253. Administration limited to collection and preservation of deceased’s property.—In any case**
in which it appears necessary for preserving the property of a deceased person, the Court within whose
jurisdiction any of the property is situate may grant to. any person, whom such Court may think fit, letters
of administration limited to the collection and preservation of the property of the deceased and to the
giving of discharges for debts due to his estate, subject to the directions of the Court.
**254. Appointment, as administrator, of person other than one who, in ordinary circumstances,**
**would be entitled to administration.—(1) When a person has died intestate, or leaving a will of which**
there is no executor willing and competent to act or where the executor is, at the time of the death of such
person, resident out of the State, and it appears to the Court to be necessary or convenient toappoint some
person to administer the estate or any part thereof, other than the person who, in ordinary circumstances,
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would be entitled to a grant of administration, the Court may, in its discretion, having regard to
consanguinity, amount of interest, the safety of the estate and probability that it will be properly
administered, appoint such person as it thinks fit to be administrator.
(2) In every such case letters of administration may be limited or not as the Court thinks fit,
_Grants with exception_
**255. Probate or administration, with will annexed, subject to exception.—Whenever the nature of**
the case requires that an exception be made, probate of a will, or letters of administration with the will
annexed, shall be granted subject to such exception.
**256. Administration with exception.—Whenever the nature of the case requires that an exception be**
made, letters of administration shall be granted subject to such exception.
_Grants of the rest_
**257. Probate or administration of rest.—Whenever a grant with exception of probate, or of letters**
of adminiStration with or without the will annexed, has been made, the person entitled to probate or
administration of the remainder of the deceased's estate may take a grant of probate or letters of
administration, as the case may be, of the rest of the deceased's estate.
_Grant of effects unadministered_
**258. Grant of effects unadministered.—If an executor to whom probate has been granted has died,**
leaving a part of the testator's estate unadministered, a new representative may be appointed for the
purpose of administering such part of the estate.
**259. Rules as to grants of effects unadministered.—In granting letters of administration of an estate**
not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall
grant letters of administration to those persons only to whore original grants might have been made.
**260. Administration when limited grant expired and still some part of estate unadministered.—**
When a limited grant has expired, by efflux of time, or the happening of the event or contingency on,
which it was limited, and there is still some part of the deceased's estate unadministered, letters of
administration shall be granted to those persons to whom original grants might have been made.
CHAPTER III.—Alteration and Revocation of Grants
**261. What errors may be rectified by Court.—Errors in names and descriptions, or in setting forth**
the time and place of the deceased’s death or the purpose in a limited grant, may be rectified by the Court
and the grant of probate or letters of administration may be altered and amended accordingly.
**262. Procedure where codicil discovered after grant of administration with will annexed.—If,**
after the grant of letters of administration with the will annexed, a codicil is discovered, it may be added
to the grant on due proof and identification, and the grant may be altered and amended accordingly.
**263. Revocation or annulment for just cause.—Thegrant of probate or letters of administration may**
be revoked or annulled for just cause.
_Explanation.—Just cause shall be deemed to exist where—_
(a) the proceedings to obtain the grant were defective in substance; or
(b) the grant was obtained fraudulently by making a false suggestion, or by concealing from the
Court something material to the case; or
(c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to
justify the grant, though such allegation was made in ignorance or inadvertently; or
(d) the grant has become useless and inoperative through circumstances; or
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(e) the person to whom the grant was made has wilfully and without reasonable cause omitted to
exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has
exhibited under that Chapter an inventory or account which is untrue in a material respect.
_Illustrations_
(i) The Court by which the grant was made had no jurisdiction.
(ii) The grant was made without citing parties who ought to have been iited.
(iii) The will of which probate was obtained was forged or revoked.
(iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was
never married to him.
(v) A has taken administration to the estate of B as if he had died intestate, but a will has since been discovered.
(vi) Since probate was granted, a later will has been discovered.
(vii) Since probate was granted, a codicil has been discovered which revokes or adds to the appointment of
executors under the will.
(viii) The person to whom probate was, or letters of administration were, granted has subsequently become of
unsound mind.
CHAPTER IV.—Of the Practice in granting and revoking Probates andLettersof Administration
**264. Jurisdiction of District Judge in granting and revoking probates, etc.—(1) The District**
Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases
within his district.
(2) Except incrases to which section 57 applies, no Court in any local area beyond the limits ofthe
towns of Calcutta, Madras and Bomba[1]*** shall, where the deceased is a Hindu,Muhammadan,Buddhist,
Sikh or Jaina or an exempted person, receive applications for probate or letters ofadministration until the
State Government has, by a notification in the Official Gazette, authorised it so to do.
**265. Power to appoint delegate of District Judge to deal with non-contentious cases.—(1) The**
High Court may appoint such judicial officers within any district as it thinks fit to act for the District
Judge as delegates to grant probate and letters of administration in non-contentious cases, within such
local limits as it may prescribe:
Provided that, in the case of High Courts not established by Royal Charter, such appointments shall
not be without the previous sanction of the State Government.
(2) Persons so appointed shall be called “District Delegates”.
**STATE AMENDMENT**
**Karnataka**
**Amendment of Central Act 39 of 1925.—In the Indian Succession Act, 1925 (Central Act 39 of**
1925) as in force in the State of Karnataka, section 265 shall be omitted.
[Vide Karnataka Act 28 of 1978, s. 4].
**266. District Judge’s powers as to grant of probate and administration.—The District Judge shall**
have the like powers and authority in relation to the granting of probate and letters of administration and
all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding
pending in his Court.
**267. District Judge may order person to produce testamentary papers.—(1) The District Judge**
may order any person to produce and bring into Court any paper or writing, being or purporting to be
testamentary, which may be shown to be in the possession or under the control of such person.
(2) If it is not shown that any such paper or writing is in the possession or under the control of such
person, but there is reason to believe that he has the knowledge of any such paper or writing, the Court
may direct such person to attend for the purpose of being examined respecting the same.
1. The words “and the province of Burma” omitted by the A.O. 1937.
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(3) Such person shall be bound to answer truly such question as may be put to him by the Court, and,
if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment
under the Indian Penal Code (45 of 1860), in case of default in not attending or in notanswering such
question or not bringing in such paper or writing, as he would have been subject to in case he had been a
party to a suit and had made such default.
(4) The costs of the proceeding shall be in the discretion of the Judge.
**268. Proceedings of District Judge’s Court in relation to probate and administration.—The**
proceeding of the Court of the District Judge in relation to the granting of probate and letters of
administration shall, save as hereinafter otherwise provided, be regulated, so far as the circumstances of
the case permit, by the Code of Civil Procedure, 1908 (5 of 1908).
**269. When and how District Judge to interfere for protection of property.—(1) Until probate is**
granted of the will of a deceased person, or an administrator of his estate is constituted, the District Judge,
within whose jurisdiction any part of the property of the deceased person is situate, is authorised and
required to interfere for the protection of such property at the instance of any person claiming to be
interested therein, and in all other cases where the Judge considers that the property incurs any risk of loss
or damage; and for that purpose, if he thinks fit, to appoint an officer to take and keep possession of the
property,
(2) This section shall not apply when the deceased' is a Hindu, Muhammadan, Buddhist, Sikh or Jaina
or an exempted person, nor shall it apply to any part of the property of an Indian Christian who has died
intestate.
**270. When probate or administration may be granted by District Judge.—Probate of the will or**
letters of administration to the estate of a deceased person may be granted by a District Judge under the
seal of his Court, if it appears by a petition, verified as hereinafter provided, of the person applying for the
same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of
abode, or any property, moveable or immoveable, within the jurisdiction of the Ridge.
**271. Disposal of application made to Judge of district in which deceased had no fixed abode.—**
When the application is made to the Judge of a district in which the deceased had no fixed abode at the
time of his death, it shall be in the discretion of the Judge to refuse the application, if in his judgment it
could be disposed of more justly or conveniently in another district, or, where the application is for letters
of administration, to grant them absolutely, or limited to the property within his own jurisdiction.
**272. Probate and letters of administration may be granted by Delegate.—Probate and letters of**
administration may, upon application for that purpose to any District Delegate, be granted by him in any
case in which there is no contention, if it appears by petition, verified as hereinafter provided, that the
testator or intestate, as the case may be, at the time of his death had a fixed place of abode within the
jurisdiction of such Delegate.
**273. Conclusiveness of probate or letters of administration.—Probate or letters of administration**
shall have effect over all the property and estate, moveable or immoveable, of the deceased, throughout
the State in which the same is or are granted, and shall be conclusive as to the representative title against
all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full
indemnity to all debtors, paying their debts and all persons delivering up such property to the person to
whom such probate or letters of administration have been granted:
Provided that probates and letters of administration granted—
(a) by a High Court, or
(b) by a District Judge, where the deceased at the time of his death had a fixed place of abode
situate within the jurisdiction of such Judge, and such Judge certifies that the value of the propertyand
estate affected beyond the limits of the State does not exceed ten thousand rupees,shall, unless
otherwise directed by the grant, have like effect throughout [1][the other States [2]***].
1. Subs. by the A.O. 1948, for “the whole of British India “.
2. The words “of India” omitted by the A.O. 1950.
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1[The proviso to this section shall apply in 2[India] 3after the separation of Burma and Aden from
India to probates and letters of administration granted in Burma and Aden before the date of the
separation, or after that date in proceedings which were pending at that date.]
4[The proviso shall also apply in 2[India] 5*** 6after the separation of Pakistan from India to probates
and letters of administration granted before the date of the separation, or after that date in procedings
pending at that date, in any of the territories which on that date constituted Pakistan.]
**274. Transmission to High Courts of certificate of grants under proviso to section 273.—(1)**
Where probate or letters of administration has or have been granted by a High Court or District Judge
with the effect referred to in the proviso to section 273, the High Court or District Judge shall send a
certificate thereof to the following Courts, namely:—
(a) when the grant has been made by a High Court, to each of the other High Courts;
(b) when the grant has been made by a District Judge, to the High Court to which such District
Judge is subordinate and to each of the other High Courts.
(2) Every certificate referred to in sub-section (1) shall be made as nearly as circumstances admit in
the form set forth in Schedule IV, and such certificate shall be filed by the High Court receiving the same.
(3) Where any portion of the assets has been stated by the petitioner, as hereinafter provided in
sections 276 and 278, to be situate within the jurisdiction of a District Judge in another State, the Court
required to send the certificate referred to in sub-section (1) shall send a copy thereof to such District
Judge, and such copy shall be filed by the District Judge receiving the same.
**275. Conclusiveness of application for probate or administration if properly made and**
**verified.—The application for probate or letters of administration, if made and verified in the manner**
hereinafter provided, shall be conclusive for the purpose of authorising the grant of probate or
administration; and no such grant shall be impeached by reason only that the testator or intestate had no
fixed place of abode or no property within the district at the time of his death, unless by a proceeding to
revoke the grant if obtained by a fraud upon the Court.
**276. Petition for probate.—(1) Application for probate or for letters of administration, with the will**
annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in
proceedings before the Court in which the application is made, with the will or, in the cases mentioned in
sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating—
(a) the time of the testator’s death,
(b) that the writing annexed is his last will and testament,
(c) that it was duly executed,
(d) the amount of assets which are likely to come to the petitioner’s hands, and
(e) when the application is for probate, that the petitioner is the executor named in the will.
(2) In addition to these particulars, the petition shall further state,—
(a) when the application is to the District Judge, that the deceased at the time of his death had a
fixed place of abode, or had some property, situate within the jusrisdiction of the Judge; and
1. Ins. by the A.O. 1937.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
3. 1st April, 1937.
4. Added by the A.O. 1948.
5. The words “of India” omitted by Act 42 of 1953, s. 4 and Sch. III.
6. 15th August, 1947.
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(b) when the application is to a District Delegate, that the deceased at the time of his death had a
fixed place of abode within the jurisdiction of such Delegate.
(3) Where the application is to the District Judge and any portion of the assets likely to come to the
petitioner's hands is situate in another State, the petition shall further state the amount of such assets in
each State and the District Judges within whose jurisdiction such assets are situate.
**277. In what cases translation of will to be annexed to petition. Verification of translation by**
**person other than Court translator.—In cases wherein the will, copy or draft, is written in any**
language other than English or than that in ordinary use in proceedings before the Court, there shall be a
translation thereof annexed to the petition by a translator of the Court, if the language be one for which a
translator is appointed; or, if the will, copy or draft, is in any other language, then by any person
competent to translate the same, in which case such translation shall be verified by that person in the
following manner, namely:—
“I (A.B.) do declare that I read and perfectly understand the language and character of the
original, and that the above is a true and accurate translation thereof.”
**278. Petition for letters of administration.—(1) Application for letters of administration shall be**
made by petition distinctly written as aforesaid and stating—
(a) the time and place of the deceased's death;
(b) the family or other relatives of the deceased, and their respective residences;
(c) the right in which the petitioner claims;
(d) the amount of assets which are likely to come to the petitioner's hands;
(e) when the application is to the District Judge, that the deceased at the time of his death had a
fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and
(f) when the application is to a District Delegate, that the deceased at the time of his death had a
fixed place of abode within the jurisdiction of such Delegate.
(2) Where the application is to the District Judge and any portion of the assets likely to come to the
petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in
each State and the District Judges within whose jurisdiction such assets are situate.
**279. Addition to statement in petition, etc., for probate or letters of administration in certain**
**cases.—(1) Every person applying to any of the Courts mentioned in the proviso to section 273 for**
probate of a will or letters of administration of an estate intended to have effect throughout [1][India], shall
state in his petition, in addition to the matters respectively required by section 276 and section 278, that to
the best of his belief no application has been made to any other Court for a probate of the same will or for
letters of administration of the same estate, intended to have such effect as last aforesaid,
or, where any such application has been made, the Court to which it was made, the person or persons by
whom it was made and the proceedings (if any) had thereon.
(2) The Court to which any such application is made under the proviso to section 273 may, if it thinks
fit, reject the same.
**280. Petition for probate, etc., to be signed and verified.—The petition for probate or letters of**
administration shall in all cases be subscribed by the petitioner and his pleader, if any, and shall be
verified by the petitioner in the following manner, namely:—
“I (A.B.), the petitioner in the above petition, declare that what is stated therein is true to the best
of my information and belief.”
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
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**281. Verification of petition for probate, by one witness to will.—Where the application is for**
probate, the petition shall also be verified by at least one of the witnesses to the will (when procurable) in
the manner or to the effect following, namely:—
“I (C.D.), one of the witnesses to the last will and testament of the testator mentioned in the above
petition, declare that I was present and saw the said testator affix his signature (or mark) thereto (or
that the said testator acknowledged the writing annexed to the above petition to be his last will and
testament in my presence).”
**282. Punishment for false averment in petition or declaration.—If any petition or declaration**
which is hereby required to be verified contains any averment which the person making the verification
knows or believes to be false, such person shall be deemed to have committed an offence under section
193 of the Indian Penal Code (45 of 1860).
**283. Powers of District Judge.—(1) In all cases the District Judge or District Delegate may, if he**
thinks proper,—
(a) examine the petitioner in person, upon oath;
(b) require further evidence of the due execution of the will or the right of the petitioner to the
letters of administration, as the case may be;
(c) issue citations calling upon all persons claiming to have any interest in the estate of the
deceased to come and see the proceedings before the grant of probate or letters of administration.
(2) The citation shall be fixed up in some conspicuous part of the courthouse, and also in the office of
the Collector of the district and otherwise published or made known in such manner as the Judge or
District Delegate issuing the same may direct.
(3) Where any portion of the assets has been stated by the petitioner to be situate within the
jurisdiction of a District Judge in another State, the District Judge issuing the same shall cause a copy of
the citation to be sent to such other District Judge, who shall publish the same in the same manner as if it
were a citation issued by himself, and shall certify such publication to the District Judge who issued the
citation.
**284. Caveats against grant of probate or administration.—(1) Caveats against the grant of probate**
or administration may be lodged with the District Judge or a District Delegate.
(2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to
the District Judge.
(3) Immediately on a caveat being entered with the District Judge, a copy thereof shall be given to the
District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place of abode at
the time of his death, and to any other Judge or District Delegate to whom it may appear to the District
Judge expedient to transmit the same.
**Form of caveat.—(4) The caveat shall be made as nearly as circumstances admit in the form set forth**
in Schedule V.
**285. After entry of caveat, no proceeding taken on petition until after notice to caveator.—No**
proceeding shall be taken on a petition for probate or letters of administration after a caveat against the
grant thereof has been entered with the Judge or District Delegate to whom the application has been made
or notice has been given of its entry with some other Delegate, until after such notice to the person by
whom the same has been entered as the Court may think reasonable.
**286. District Delegate when not to grant probate or administration.—A District Delegate shall**
not grant probate or letters of administration in any case in which there is contention as to the grant, or in
which it otherwise appears to him that probate or letters of administration ought not to be granted in his
Court.
_Explanation.—“Contention” means the appearance of any one in person, or by his recognizedagent,_
or by a pleader duly appointee to act on his behalf, to oppose the proceeding.
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**287. Power to transmit statement to District Judge in doubtful cases where no contention.—In**
every case in which there is no contention, but it appears to the District Delegate doubtful whether the
probate or letters of administration should or should not be granted, or when any question arises in
relation to the grant, or application for the grant, of any probate or letters of administration, the District
Delegate may, if he thinks proper, transmit a statement of the matter in question to the District Judge, who
may direct the District Delegate to proceed in the matter of the application, according to such instructions
as to the Judge may seem necessary, or may forbid any further proceeding by the District Delegate in
relation to the matter of such application, leaving the party applying for the grant in question to make
application to the Judge.
**288. Procedure where there is contention of District Delegate thinks probate or letters of**
**administration should be refused in his Court.—In every case in which there is contention, or the**
District Delegate is of opinion that the probate or letters of administration should be refused in his Court,
the petition, with any documents which may have been filed therewith, shall be returned to the person by
whom the application was made, in order that the same may be presented to the District Judge, unless the
District Delegate thinks it necessary, for the purposes of justice, to impound the same, which he is hereby
authorised to do; and, in that case, the same shall be sent by him to the District Judge.
**289. Grant of probate to be under seal of Court.—When it appears to the District Judge or District**
Delegate that probate of a will should be granted, he shall grant the same under the seal of his Court in the
form set forth in Schedule VI.
**290. Grant of letters of administration to be under seal of Court.—When it appears to the District**
Judge or District Delegate that letters of administration to the estate of a person deceased, with or without
a copy of the will annexed, should be granted, he shall grant the same under the seal of his Court in the
form set forth in Schedule VII.
**291. Administration-bond.—(1) Every person to whom any grant of letters of administration, other**
than a grant under section 241, is committed, shall give a bond to the District Judge with one or more
surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased,
which bond shall be in such form as the Judge may, by general or special order, direct.
(2) When the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person—
(a) the exception made by sub-section (1) in respect of a grant under section 241 shall not
operate.
(b) the District Judge may demand a like bond from any person to whom probate is granted.
**292. Assignment of administration-bond.—The Court may, on application made by petition and on**
being satisfied that the engagement of any such bond has not been kept, and upon such terms as to
security, or providing that the money received be paid into Court, or otherwise, as the Court may think fit,
assign the same to some person, his executors or administrators, who shall thereupon be entitled to sue on
the said bond in his or their own name or names as if the same had been originally given to him or them
instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustees for all persons
interested, the full amount recoverable in respect of any breach thereof,
**293. Time for grant of probate and administration.—No probate of a will shall be granted until**
after the expiration of seven clear days, and no letters of administration shall be granted until after the
expiration of fourteen clear days, from the day of the testator or intestate’s death.
**294. Filing of original wills of which probate or administration with will annexed granted.—(1)**
Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or
letters of administration with the will annexed may be granted by him, among the records of his Court,
until some public registry for wills is established.
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(2) The State Government shall make regulations for the preservation and inspection of the wills so
filed.
**295. Procedure in contentious cases.—In any case before the District Judge in which there is**
contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the
provisions of the Code of Civil Procedure, 1908 (5 of 1908) in which the petitioner for probate or letters
of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose
the grant shall be the defendant.
**296. Surrender of revoked probate or letters of administration.—(1) When a grant of probate or**
letters of administration is revoked or annulled under this Act, the person to whom the grant was made
shall forthwith deliver up the probate or letters to the Court which made the grant.
(2) If such person willfully and without reasonable cause omits so to deliver up the probate or letters,
he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a
term which may extend to three months, or with both.
**297. Payment to executor or administrator before probate or administration revoked.—When a**
grant of probate or letters of administration is revoked, all payments bona fide made to any executor or
administrator under such grant before the revocation thereof shall, notwithstanding such revocation, be a
legal discharge to the person making the same; and the executor or administrator who has acted under any
such revoked grant may retain and reimburse himself in respect of any payments made by him which the
person to whom probate or letters of administration may afterwards be granted might have lawfully made.
**298. Power to refuse letters of administration.—Notwithstanding anything hereinbefore contained,**
it shall, where the deceased' was a Muhammadan, Buddhist or exempted person, or a Hindu, Sikh or Jaina
to whom section 57 does not apply, be in the discretion of the Court to make an order refusing, for
reasons to be recorded by it in writing, to grant any application for letters of administration made lousier
this Act.
**299. Appeals from orders of District Judge.—Every order made by a District Judge by virtue of the**
powers hereby conferred upon him shall be subject to appeal to the High. Court in accordance with the
provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals.
**300. Concurrent jurisdiction of High Court.—(1) The High Court shall have concurrent**
jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District
Judge.
(2) Except in cases to which section 57 applies, no High Court, in exercise of the concurrent
jurisdiction hereby conferred over any local area beyond the limits of the towns of Calcutta, Madras and
Bombay [1] *** shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an
exempted person, receive applications for probate or letters of administration until the State Government
has by a notification in the Official Gazette, authorised it so to do.
**301. Removal of executor or administrator and provision for successor.—The High Court may,**
on application made to it, suspend, remove or discharge any private executor or administrator and provide
for the succession of another person to the office of any' such executor or administrator who may cease to
hold office, and the vesting in such successor of any property belonging to the estate.
**302. Directions to executor or administrator.—Where probate or letters of administration in**
respect of any estate has or have been granted under this Act, the High Court may, on application made to
it, give to the executor or administrator any general or special directions in regard to the estate or in
regard to the administration thereof.
1. The words “and the province of Burma” omitted by the A.O. 1937.
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CHAPTER V.—Of Executors of their own Wrong
**303. Executor of his own wrong.—A person who intermeddles with the estate of the deceased or**
does any other act which belongs to the office of executor, while there is no rightful executor or
administrator in existence, thereby makes himself an executor of his own wrong.
_Exceptions.—(1) Intermeddling with the goods of the deceased for the purpose of preserving them or_
providing for his funeral or for the immediate necessities of his family or property, does not make an
executor of his own wrong.
(2) Dealing in the ordinary course of business with goods of the deceased received from another does
not make an executor of his own wrong.
_Illustrations_
(i) A uses or gives away or sells some of the goods of the deceased, or takes them to satisfy his own debt or
legacy or receives payment of the debts of the deceased. He is an executor of his own wrong.
(ii) A, having been appointed agent by the deceased in his lifetime to collect his debts and sell his goods,
continues to do so after he has become aware of his death. He is an executor of his own wrong in respect of acts
done after he has become aware of the death of the deceased.
(iii) A sues as executor of the deceased, not being such. He is an executor of his own wrong.
**304. Liability of executor of his own wrong.—When a person has so acted as to become an**
executor of his own wrong, he is answerable to the rightful executor or administrator, or to any creditor or
legatee of the deceased, to the extent of the assets which may have come to his hands after deducting
payments made to the rightful executor or administrator, and payments made in due course of
administration.
CHAPTER VI.—Of the Powers of an Executor or Administrator
**305. In respect of causes of action surviving deceased and debts due at death.—An executor or**
administrator has the same power to sue in respect of all causes of action that survive the deceased, and
may exercise the same power for the recovery of debts as the deceased had when living.
**306. Demands and rights of action of or against deceased survive to and against executor or**
**administrator.—All demands whatsoever and all rights to prosecute or defend any action or special**
proceeding existing in favour of or against a person at the time of his decease, survive to and against his
executors or administrators; except causes of action for defamation, assault, as defined in the Indian Penal
Code (45 of 1860), or other personal injuries not causing the death of the party; and except also cases
where, after the death of the party, the relief sought could not be enjoyed or granting it would be
nugatory.
_Illustrations_
(i) A collision takes place on a railway in consequence of some neglect or default of an official, and a passenger
is severely hurt, but not so as to cause death. He afterwards dies without having brought any action. action does not
survive.
(ii) A sues for divorce. A dies. The cause of action does not survive to his representative.
**307. Power of executor or administrator to dispose of property.—(1) Subject to the provisions of**
sub-section (2), and executor or administrator has power to dispose of the property of the deceased,
vested in him under section 211, either wholly or in part, in suchmanner as he may think fit.
_Illustrations_
(i) The deceased has made a specific bequest of part of his property. The executor, not having assented to the
bequest, sells the subject of it. The sale is valid.
(ii) The executor in the exercise of his discretion mortgages a part of the immoveable estate of the deceased.
The mortgage is valid.
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(2) If the deceased was a Hindu, Muhammad an, Buddhist, Sikh or Jaina or an exempted person, the
general power conferred by sub-section (1) shall be subject to the following restrictions and conditions,
namely:—
(i) The power of an executor to dispose of immovable property so vested in him is subject to any
restriction which may be imposed in this behalf by the Will appointing him, unless probate has been
granted to him and the Court which granted the probate permits him by an order in writing,
notwithstanding the restriction, to dispose of any immovable property specified in the order in a
manner permitted by the order.
(ii) An administrator may not, without the previous permission of the Court by which the letters
of administration were granted,—
(a) mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property
for the time being vested in him under section 211, or
(b) lease any such property for a term exceeding five years.
(iii) A disposal of property by an executor or administrator in contravention of clause (i) or clause
(ii), as the case may be, is voidable at the instance of any other person interested in the property.
(3) Before any probate or letters of administration is or are granted in such a case, there shall be
endorsed thereon or annexed thereto a copy of sub-section (1) and clauses (i) and (iii) of sub-section (2)
or of sub-section (1) and clauses (ii) and (iii) of sub-section (2), as the case may be.
(4) A probate or letters of administration shall not be rendered invalid by reason of the endorsement
or annexure required by sub-section (3) not having been made thereon or attached thereto, nor shall the
absence of such an endorsement or annexure authorise an executor or administrator to act otherwise than
in accordance with the provisions of this section.
**308. General powers of administration.—An executor or administrator may, in addition to, and not**
in derogation of any other powers of expenditure lawfully exercisable by him, incur expenditure—
(a) on such acts as may be necessary for the proper care or management of any property
belonging to any estate administered by him; and
(b) with the sanction of the High Court, on such religious, charitable and other objects, and on
such improvements, as may be reasonable and proper in the case of such property.
**309. Commission or agency charges.—An executor or administrator shall not be entitled to receive**
or retain any commission or agency charges at a higher rate than that for the time being fixed in respect of
the Administrator-General by or under the Administrator-General’s Act, 1913 (3 of 1913).
**310. Purchase by executor or administrator of deceased’s property.—If any executor or**
administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is
voidable at the instance of any other person interested in the property sold.
**311. Powers of several executors or administrators exercisable by one. —When there are several**
executors or administrators, the powers of all may, in the absence of any direction to the contrary, be
exercised by any one of them who has proved the Will or taken out administration.
_Illustrations_
(i) One of several executors has power to release a debt due to the deceased.
(ii) One has power to surrender a lease.
(iii) One has power to sell the property of the deceased whether movable or immovable.
(iv) One has power to assent to a legacy.
(v) One has power to endorse a promissory note payable to the deceased.
(vi) The Will appoints A, B, C and D to be executors, and directs that two of them shall be a quorum. No act can
be done by a single executor.
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**312. Survival of powers on death of one of several executors or administrators.—Upon the death**
of one or more of several executors or administrators, in the absence of any direction to the contrary in
the will or grant of letters of administration, all the powers of the office become vested in the survivors or
survivor.
**313. Powers of administrator of effects unadministered.—The administrator of effects**
unadministered has, with respect to such effects, the same powers as the original executor or
administrator.
**314. Powers of administrator during minority.—An administrator during minority has all the**
powers of an ordinary administrator:
**315. Powers of married executrix or administratrix.—When a grant of probate or letters of**
administration has been made to a married woman, she has all the powers of an ordinary executor or
administrator.
CHAPTER VII.—Of the Duties of an Executor or Administrator
**316. As to deceased’s funeral.—It is the duty of an executor to provide funds for the performance of**
the necessary funeral ceremonies of the deceased in a manner suitable to his condition, if he has left
property sufficient for the purpose.
**317. Inventory and account.—(1) An executor or administrator shall, within six months from the**
grant of probate or letters of administration, or within such further time as the Court which granted the
probate or letters may appoint, exhibit in that Court an inventory containing a full and true estimate of. all
the property in possession, and all the credits, and also all the debts owing by any person to which the
executor or administrator is entitled in that character; and shall in like manner, within one year from the
grant or within such further time as the said Court may appoint, exhibit an account of the estate, showing
the assets which have come to his hands and the manner in which they have been applied or disposed of.
The High Court may prescribe the form in which an inventory or account under this section is to be
exhibited.
If an executor or administrator, on being required by the Court to exhibit an inventory or account
under this section, intentionally omits to comply with the requisition, he shall be deemed to have
committed an offence under section 176 of the Indian Penal Code (45 of 1860).
The exhibition of an intentionally false inventory or account under this section shall be deemed to be
an offence under section 193 of that Code.
**318. Inventory to include property in any part of India in certain cases.— in all cases where a**
grant has been made of probate or letters of administration intended to have
effect throughout [1][India] [2]***, the executor or administrator shall include in the inventory of the
effects of the deceased all his moveable and immoveable property situate in '[India], and the value of such
property situate in each state shall be separately stated in such inventory, and the probate or letters of
administration shall be chargeable with a fee corresponding to the entire amount or value of the property
affected thereby wheresoever situate within [1][India].
**319. As to property of, and debts owing to, deceased.—The executor or administrator shall collect,**
with reasonable diligence, the property of the deceased and the debts that were due to him at the time of
his death.
**320. Expenses to be paid before all debts.—Funeral expenses to a reasonable amount, according to**
the degree and quality of the deceased, and death-bed charges, including fees for medical attendance, and
board and lodging for one month previous to his death, shall be paid before all debts.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
2. The words “of India” omitted by Act 48 of 1952, s. 3 and the Second Schedule.
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**321. Expenses to be paid next after such expenses.—The expenses of obtaining probate or letters of**
administration, including the costs incurred for or in respect of any judicialproceedings that may be
necessary for administering the estate, shall be paid next after the funeral expenses and death-bed charges.
**322. Wages for certain services to be next paid, and then other debts.—Wages due for services**
rendered to the deceased within three months next preceding his death by any labourer, artizan or
domestic servant shall next be paid, and then the other debts of the deceased according to their respective
priorities (if any).
**323. Save as aforesaid, all debts to be paid equally and rateably.—Save as aforesaid, no creditor**
shall have a right of priority over another; but the executor or administrator shall pay all such debts as he
knows of, including his own, equally and rateably as far as the assets of the deceased will extend.
**324. Application of moveable property to payment of debts where domicile not in India.—(1) If**
the domicile of the deceased was not in [1][India], the application of his moveable property to the payment
of his debts is to be regulated by the law of [1][India].
(2) No creditor who has received payment of a part of his debt by virtue of sub-section (1) shall be
entitled to share in the proceeds of the immoveable estate of the deceased unless he brings such payment
into account for the benefit of the other creditors.
(3) This section shall not apply where the deceased was a Hindu, Muhammadan, Buddhist, Sikh or
Jaina or an exempted person.
_Illustration_
A dies, having his domicile in a country where instruments under seal have priority over instruments not under
seal leaving moveable property to the value of 5,000 rupees, and immoveable property to the value of 10,000 rupees,
debts on instruments under seal to the amount of 10,000 rupees, and debts on instruments not under seal to the same
mount. The creditors holding instruments under seal received half of their debts out of the proceeds of the moveable
estate. The proceeds of the immoveable estate are to be applied in payment of the debts on instruments not under
seal until one-half of such debts have been discharged. This will leave 5,000 rupees which are to be distributed
rateably amongst all the creditors without distinction, in proportion to the amount which may remain due to them.
**325. Debts to be paid before legacies.—Debts of every description must be paid before any legacy.**
**326. Executor or administrator not bound to pay legacies without indemnity.—If the estate of the**
deceased is subject to any contingent liabilities, an executor or administrator is not bound to pay any
legacy without a sufficient indemnity to meet the liabilities whenever they may become due.
**327. Abatement of general legacies.—If the assets, after payment of debts, necessary expenses and**
specific legacies, are not sufficient to pay all the general legacies in full, the latter shall abate or be
diminished in equal proportions, and, in the absence of any direction to the contrary in the will, the
executor has no right to pay one legatee in preference to another, or to retain any money on account of a
legacy to himself or to any person for whom he is a trustee.
**328. Non-abatement of specific legacy when assets sufficient to pay debts.—Where there is a**
specific legacy, and the assets are sufficient for the payment of debts and necessary expenses, the thing
specified must be delivered to the legatee without any abatement.
**329. Right under demonstrative legacy when assets sufficient to pay debts and necessary**
**expenses.—Where there is a demonstrative legacy, and the assets are sufficient for the payment of debts**
and necessary expenses, the legatee has a preferential claim for payment of Isis legacy out of the fund
from which the legacy is directed to be paid until such fund is exhausted and if, after the fund is
exhausted, part of the legacy still remains unpaid, he is entitled to rank for the remainder against the
general assets as for a legacy of the amount of such unpaid remainder.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule for "the States".
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**330. Rateable abatement of specific legacies.—If the assets are not sufficent to answer the debtsand**
the specific legacies, an abatement shall be made from the latter rateably in proportion to their respective
amounts.
_Illustration_
A has bequeathed to B a diamond ring valued at 500 rupees, and to C a horse, valued at 1,000 rupees. It. is
found necessary to sell all the effects of the testator; and his assets, after payment of debts, are only 1,000 rupees. Of
this sum rupees 333-5-4 are to be paid to B, and rupees 666-10-8 to C.
**331. Legacies treated as general for purpose of abatement.—For the purpose of abatement, a**
legacy for life, a sum appropriated by the will to produce an annuity, and the value of an annuity when no
sum has been appropriated to produce it, shall be treated as general legacies.
CHAPTER VIII.—Ofassent to a legacy by Executor or Administrator
**332. Assent necessary to complete legatee’s title.—The assent of the executor or administrator is**
necessary to complete a legatee's title to his legacy.
_Illustrations_
(i) A by his will bequeaths to B his Government paper which is in deposit with the Imperial Bank of India. The
Bank has no authority to deliver the securities, nor B a right to take possession of them, without the assent of the
executor.
(ii) A by- his will has bequeathed to C his house in Calcutta in the tenancy of B. C is not entitled to receive the
rents without the assent of the executor or administrator.
**333. Effect of executor’s assent to specific legacy.—(1) The assent of the executor oradministrator**
to a specific bequest shall be sufficient tb divest his interest as executor or administrator therein, and to
transfer the subject of the bequest of the legatee, unless the nature or the circumstances of the property
require that it shall be transferred in a particular way.
(2) This assent may be verbal, and it may be either express or implied from the conduct of the
executor or administrator.
_Illustrations_
(i) A horse is bequeathed. The executor requests the legatee to dispose of it, or a third party proposes to
purchase the horse from the executor, and he directs him to apply to the legatee. Assent to the legacy is implied.
(ii) The interest of a fund is directed by the will to be applied for the maintenance of the legatee during his
minority. The executor commences so to apply it. This is an assent to the whole of the bequest.
(iii) A bequest is made of a fund to A and after him to B. The executor pays the interest of the fund to A. This is
an implied assent to the bequest to B.
(iv) Executors die after paying all the debts of the testator, but before satisfaction of specific legacies. Assent to
the legacies may be presumed.
(v) A person to whom a specific article has been bequeathed takes possession of it and retains it without any
objection on the part of the executor. His assent may be presumed.
**334. Conditional assent.—The assent of an executor or administrator to a legacy may be conditional,**
and if the condition is one which he has a right to enforce, and it is not performed, there is no assent.
_Illustrations_
(i) A bequeaths to B his lands of Sultanpur, which at the date of the will, and at the death of A, were subject to a
mortgage for 10,000 rupees. The executor assents to the bequest, on condition that B shall within a limited time pay
the amount due on the mortgage at the testator's death. The amount is not paid. There is no assent.
(ii) The executor assents to a bequest on condition that the legatee shall pay him a sum of money. The payment
is not made. The assent is nevertheless valid.
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**335. Assent of executor to his own legacy.—(1) When the executor or administrator is a legatee, his**
assent to his own legacy is necessary to complete his title to it, in the same way as it is required when the
bequest is to another person, and his assent may, in like manner, be expressed or implied.
(2) Assent shall be implied if in his manner of administering the property he does any act which is
referable to his character of legatee and is not referable to his character of executor or administrator.
_Illustration_
An executor takes the rent of a house or the interest of Government securities bequeathed to him and applied it
to his own use. This is assent.
**336. Effect of executor’s assent.—The assent of the executor or administrator to a legacy gives**
effect to it from the death of the testator.
_Illustrations_
(i) A legatee sells his legacy before it is assented to by the executor. The executor’s subsequent assent operates
for the benefit of the purchaser and completes his title to the legacy.
(ii) A bequeaths 1,000 rupees to B with interest from his death. The executor does not assent to his legacy until
the expiration of a year from A's death. B is entitled to interest from the death of A.
**337. Executor when to deliver legacies.—An executor or administrator is not bound to pay or**
deliver any legacy until the expiration of one year from the testator’s death.
_Illustration_
A by his will directs his legacies to be paid within six months after his death. The executor is not bound to pay
them before the expiration of a year.
CHAPTER IX,—Of the Payment and Apportionment of Annuities
**338. Commencement of annuity when no time fixed by will.—Where an annuity is given by a will**
and no time is fixed for its commencement, it shall commence from the testator's death, and the first
payment shall be made at the expiration of a year next after that event.
**339. When annuity, to be paid quarterly or monthly, first falls due.—Where there is a direction**
that the annuity shall be paid quarterly or monthly, the first payment shall be due at the end of the first
quarter or first month, as the case may be, after the testator's death; and shall, if the executor or
administrator thinks fit, be paid when due, but the executor or administrator shall not be bound to pay it
till the end of the year.
340. Dates of successive payments when first payment directed to be made within a given time
**or on day certain: death of annuitant before date of payment.—(1) Where there is a direction that the**
first payment of an annuity shall be made within one month or any other division of time from the death
of the testator, or on a day certain, the successive payments are to be made on the anniversary of the
earliest day on which the will authorises the first payment to be made.
(2) If the annuitant dies in the interval between the times of payment, an apportioned share of the
annuity shall be paid to his representative.
CHAPTER X.—Of the Investment of Funds to Provide for Legacies
**341. Investment of sum bequeathed, where legacy, not specific, given for life.—Where a legacy,**
not being a specific legacy, is given for life, the sum bequeathed shall at the end of the year he invested in
such securities as the High Court may by any general rule authorise or direct, and the proceeds thereof
shall be paid to the legatee as the same shall accrue due.
**342. Investment of general legacy, to be paid at future time: disposal of intermediate, interest.—**
(1) Where a general legacy is given to be paid at a future time, the executor or administrator shall invest a
sum sufficient to meet it in securities of the kind mentioned in section 341.
(2) The intermediate interest shall form part of the residue of the testator’s estate.
-----
**343. Procedure when no fund charged with, or appropriated to, annuity.—Where an annuity is**
given and no fund is charged with its payment or appropriated by the will to answer it, a Government
annuity of the specified amount shall be purchased, or, if no such annuity can be obtained, then a sum
sufficient to produce the annuity shall be invested for that purpose in securities of the kind mentioned in
section 341.
**344. Transfer to residuary legatee of contingent bequest.—Where a bequest is contingent, the**
executor or administrator is not bound to invest the amount of the legacy, but may transfer the whole
residue of the estate to the residuary legatee, if any, on his giving sufficient security for the payment of
the legacy, if it shall become due.
**345. Investment of residue bequeathed for life, without direction to invest in particular**
**securities.—(1) Where the testator has bequeathed the residue of his estate to a person for life without**
any direction to invest it in any particular securities, so much thereof as is not at the time of the testator's
decease invested in securities of the kind mentioned in section 341 shall be converted into money and
invested in such securities.
(2) This section shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina
or an exempted person.
**346. Investment of residue bequeathed for life, with direction to invest in specified securities.—**
When the testator has bequeathed the residue of his estate of a person for life with a direction that it shall
be invested in certain specified securities, so much of the estate as is not at the time of his death invested
in securities of the specified kind shall be converted into money and invested in such securities.
**347. Time and manner of conversion and investment.—Such conversion and investment as are**
contemplated by sections 345 and 346 shall be made at such times and in such manner as the executor or
administrator thinks fit; and, until such conversion and investment are completed, the person who would
be for the time being entitled to the income of the fund when so invested shall receive interest at the rate
of 4 per cent. per annum upon the market-value (to be computed as at the date of the testator's death) of
such part of the fund as has not been so invested:
Provided that the rate of interest prior to completion of investment shall be six per cent.per annum
when the testator was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person
**348. Procedure where minor entitled to immediate payment or possession of bequest, and no**
**direction to pay to person on his behalf.—(1) Where, by the terms of a bequest, the legatee is entitled to**
the immediate payment or possession of the money or thing bequeathed, but is a minor, and there is no
direction in the will to pay it to any person on his behalf, the executor or administrator shall pay or deliver
the same into the Court of the District Judge, by whom or by whose District Delegate the probate was, or
letters of administration with the will annexed were, granted to the account of the legatee, unless the
legatee is a ward of the Court of Wards.
(2) If the legatee is a ward of the Court of Wards, the legacy shall be paid to the Court of Wards to his
account.
(3) Such payment into the Court of the District Judge, or to the Court of Wards, as the case may be,
shall be a sufficient discharge for the money so paid.
(4) Money when paid in under this section shall be invested in the purchase of Government securities,
which, with the interest thereon, shall be transferred or paid to the person entitled thereto, or otherwise
applied for his benefit, as the Judge or the Court of Wards, as the case may be, may direct.
CHAPTER XL.—Of the Produce and Interest of Legacies
**349. Legatee’s title to produce of specific legacy.—The legatee of a specific legacy is entitled to the**
clear produce thereof. if any, from the testator's death.
_Exception.—A specific bequest, contingent in its terms, does not comprise the produce of the legacy_
between the death of the testator and the vesting of the legacy. The clear produce of it forms part of the
residue of the testator's estate.
-----
_Illustrations_
(i) A bequeaths his flock of sheep to B. Between the death of A and delivery by his executor the sheep are shorn
or some of the ewes produce lambs. The wool and lambs are the property of B.
(ii) A bequeaths his Government securities to B, but postpones the delivery of them till the death of C. The
interest which falls due between the death of A and the death of C belongs to B, and must, unless he is a minor, be
paid to him as it is received.
(iii) The testator bequeaths all his four per cent. Government promissory notes to A when he shall complete the
age of 18. A, if he completes that age, is entitled to receive the notes, but the interest which accrues in respect of
them between the testator's death and A’s completing 18, form part of the residue.
**350. Residuary legatee’s title to produce of residuary fund.—The legatee under a generalresiduary**
bequest is entitled to the produce of the residuary fund from the testator’s death.
_Exception.—A general residuary bequest contingent in its terms does not comprise the income which_
may accrue upon the fund bequeathed between the death of the testator and the vesting of the legacy.
Such income goes as undisposed of.
_Illustrations_
(i) The testator bequeaths the residue of his property to A, a minor, to be paid to him when he shall complete the
age of 18. The income from the testator's death belongs to A.
(ii) The testator bequeaths the residue of his property to A when he shall complete the age of 18. A, if he
completes that age, is entitled to receive the residue. The income which has accrued in respect of it since the
testator's death goes as undisposed of.
**351. Interest when no time fixed for payment of general legacy.—Where no time has been fixed**
for the payment of a general legacy, interest begins to run from expiration of one year from the testator's
death.
_Exception.—(1) Where the legacy is bequeathed in satisfaction of a debt, interest runs from the death_
of the testator.
(2) Where the testator was a parent or a more remote ancestor of the legatee, or has put himself in the
place of a parent of the legatee, the legacy shall bear interest from the death of the testator.
(3) Where a sum is bequeathed to a minor with a direction to pay for his maintenance out of it,
interest is payable from the death of the testator.
**352. Interest when time fixed.—Where a time has been fixed for the payment of a general legacy,**
interest begins to run from the time so fixed. The interest up to such time forms part of the residue of the
testator's estate.
_Exception.—Where the testator was a parent or a more remote ancestor of the legatee, or has put_
himself in the place of a parent of the legatee and the legatee is a minor, the legacy shall bear interest
from the death of the testator, unless a specific sum is given by the will for maintenance, or unless the
will contains a direction to the contrary.
**353. Rate of interest.—The rate of interest shall be four per cent. per annum in all cases except when**
the testator was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, in which case it
shall be six per cent. per annum.
**354. No interest on arrears of annuity within first year after testator's death.—No interest is**
payable on the arrears of an annuity within the first year from the death of the testator, although a period
earlier than the expiration of that year may have been fixed by will for making the first payment of the
annuity.
**355. Interest on sum to be invested produce annuity.—Where a sum of money is directed to be**
invested to produce an annuity, interest is payable on it from the death of the testator.
CHAPTER XII.—Of the Refunding of Legacies
**356. Refund of legacy paid under Court’s orders.—When an executor or administrator has paid a**
legacy under the order of a Court, he is entitled to call upon the legatee to refund in the event of the assets
proving insufficient to pay all the legacies.
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**357. No refund if paid voluntarily.—When an executor or administrator has voluntarily paid a**
legacy, he cannot call upon a legatee to refund in the event of the assets proving insufficient to pay all the
legacies.
**358. Refund when legacy has become due on performance of condition within further time**
**allowed under section 137.—When the time prescribed by the will for the performance of a condition**
has elapsed, without the condition having been performed, and the executor or administrator has
thereupon, without fraud, distributed the assets; in such case, if further time has been allowed under
section 137 for the performance of the condition, and the condition has been performed accordingly, the
legacy cannot be claimed from the executor or administrator, but those to whom he has paid it are liable
to refund the amount.
**359. When each legatee compellable to refund in proportion.—When the executor or**
administrator has paid away the assets in legacies, and he is afterwards obliged to discharge a debt of
which he had no previous notice, he is entitled to call upon each legatee to refund in proportion.
**360. Distribution of assets.—Where an executor or administrator has given such notices as the High**
Court may, by any general rule, prescribe or, if no such rule has been made, as the High Court would give
in an administration-suit, for creditors and others to sent in to him their claims against the state of the
deceased, he shall, at the expiration of the time therein named for sending in claims, be at liberty to
distribute the assets, or any part thereof, in discharge of such lawful claims as he knows of, and shall not
be liable for the assets so distributed to any person of whose claim he shall not have had notice at the time
of such distribution:
Provided that nothing herein contained shall prejudice the right of any creditor or claimant to follow
the assets, or any part thereof, in the hands of the persons who may have received the same respectively.
**361. Creditor may call upon legatee to refund.—A creditor who has not received payment of his**
debt may call upon a legatee who has received paymeni of his legacy to refund, whether the assets of the
testator's estate were or were not sufficient at the time of his death to pay both debts and legacies; and
whether the payment of the legacy by the executor or administrator was voluntary or not.
**362. When legatee, not satisfied or compelled to refund under section 361, cannot oblige one**
**paid in full to refund.—If the assets were sufficient to satisfy all the legacies at the time of the testator's**
death, a legatee who has not received payment of his legacy, or who has been compelled to refund under
section 361, cannot oblige one who has received payment in full to refund, whether the legacy were paid
to him with or without suit, although the assets have subsequently become deficient by the wasting of the
executor.
**363. When unsatisfied legatee must first proceed against executor, if solvent.—If the assets were**
not sufficient to satisfy all the legacies at the time of the testator's death, a legatee who has not received
payment of his legacy must, before he can call on a satisfied legatee to refund, first proceed against the
executor or administrator if he is solvent; but if the executor or administrator is insolvent or not liable to
pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion.
**364. Limit to refunding of one legatee to another.—The refunding of one legatee to another shall**
not exceed the sum by which the satisfied legacy ought to have been reduced if the estate had been
properly administered.
_Illustration_
A has bequeathed 240 rupees, to B, 480 rupees to C, and 720 rupees to D. The assets are only 1,200 rupees and,
if properly administered, would give 200 rupees to B, 400 rupees to C and 600 rupees to D. C and D have been paid
their legacies in full leaving nothing to B. B can oblige C to refund 80 rupees, and D to refund 120 rupees.
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**365. Refunding to be without interest.—The refunding shall in all cases be without interest.**
**366. Residue after usual payments to be paid to residuary legatee.—The surplus or residue of the**
deceased's property, after payment of debts and legacies, shall be paid to the residuary legatee when any
has been appointed by the will.
**367. Transfer of assets from India to executor or administrator in country of domicile for**
**distribution.—Where a person not having his domicile in [1][India] has died leaving assets both in if**
1[India] and in the country in which he had his domicile at the time of his death, and there has been a
grant of probate or letters of administration in [1][India] with respect to the assets there a grant of
administration in the country of domicile with respect to the assets in that country, the executor or
administrator, as the case may be, in [1][India], after having given such notices as are mentioned in section
360, and after having discharged, at the expiration of the time therein named, such lawful claims as he
knows of, may, instead of himself distributing any surplus or residue of the deceased’s property to
persons residing out of [1][India] who are entitled thereto, transfer, with the consent of the executor or
administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution
to those persons.
CHAPTER XIII.—Of the Liability of an Executor or Administrator for Devastation
**368. Liability of executor or administrator for devastation.—When an executor or administrator**
misapplies the estate of the deceased, or subjects it to loss or damage, he is liable to make good the loss or
damage so occasioned.
_Illustrations_
(i) The executor pays out of the estate an unfounded claim. He is liable to make good the loss.
(ii) The deceased had a valuable lease renewable by notice which the executor neglects to give at the proper
time. The executor is liable to make good the loss.
(iii) The deceased had a lease of less value than the rent payable for it, but terminable on notice at a particular
time. The executor neglects to give the notice. He is liable to make good the loss.
**369. Liability of executor or administrator for neglect to get any part of property.—When an**
executor or administrator occasions a loss to the estate by neglecting to get in any part of the property of
the deceased, he is liable to make good the amount.
_Illustrations_
(i) The executor absolutely releases a debt due to the deceased from a solvent person, or compounds with a
debtor who is able to pay in full. The executor is liable to make good the amount.
(ii) The executor neglects to sue for a debt till the debtor is able to plead that the claim is barred by limitation
and the debt is thereby lost to the estate. The executor is liable to make good the amount.
PART X
SUCCESSION CERTIFICATES
**370. Restriction on grant of certificates under this part.—(1) A succession certificate (hereinafter**
in this Part referred to as a certificate) shall not be granted under this Part with respect to any debt or
security to which a right is required by section 212 or section 213 to be established by letters of
administration or probate:
Provided that nothing contained in this section shall be deemed to prevent the grant of a certificate to
any person claiming to be entitled to the effects of a deceased Indian Christian, or to any part thereof,
with respect to any debt or security, by reason that a right thereto can be established by letters of
administration under this Act.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
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(2) For the purposes of this Part, “security” means—
(a) any promissory note, debenture, stock or other security of the Central Government or of a
State Government;
(b) any bond, debenture, or annuity charged by Act of Parliament [1][of the United Kingdom] on
the revenues of India;
(c) any stock or debenture of, or share in, a company or other incorporated institution;
(d) any debenture or other security for money issued by, or on behalf of, a local authority;
(e) any other security which the[2][State Government] may, by notification in the Official Gazette,
declare to be a security for the purposes of this Part.
**371. Court having jurisdiction to grant certificate.—The District Judge within whose jurisdiction**
the deceased ordinarily resided at the time of his death, or, if at that time he had no fixed place of
residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be
found, may grant a certificate under this Part.
**372. Application for certificate.—(1) Application for such a certificate shall be made to the District**
Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the
Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a
plaintiff, and setting forth the following particulars, namely:—
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not
within the local limits of the jurisdiction of the Judge to whom the application is made, then the
property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or
any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false,
or does not believe to be true, that person shall be deemed to have committed an offence under section
198 of the Indian Penal Code, 1860 (45 of 1860).
3[(3) Application for such a certificate may be made in respect of any debt or debts due to the
deceased creditor or in respect of portions thereof.]
**373. Procedure on application.—(1) If the District Judge is satisfied that there is ground for**
entertaining the application, he shall fix a day for the hearing thereof and cause notice of the application
and of the day fixed for the hearing—
(a) to be served on any person to whom, in the opinion of the Judge, special notice of the
application should be given, and
(b) to be posted on some conspicuous part of the court-house and published in such other manner,
if any, as the Judge, subject to any rules made by the High Court in this behalf, thinks fit,
and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in a summary
manner the right to the certificate.
1. Ins. by the A. O. 1950.
2. The words “G.G. in C”have been successively amended by the A.O. 1937 and the A.O. 1950 to read as above.
3. Added by Act 14 of 1928, s. 2.
-----
(2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make an order
for the grant of the certificate to him.
(3) If the Judge cannot decide the right to the certificate without determining questions of law or fact
which seem to be too intricate and difficult for determination in a summary proceeding, he may
nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best
title thereto.
(4) When there are more applicants than one for a certificate, and it appears to the Judge that more
than one of such applicants are interested in the estate of the deceased, the Judge may, in deciding to
whom the certificate is to be granted, have regard to the extent of interest and the fitness in other respects
of the applicants.
**374. Contents of certificate.—When the District Judge grants a certificate, he shall therein specify**
the debts and securities set forth in the application for the certificate, and may thereby empower the
person to whom the certificate is granted—
(a) to receive interest or dividends on, or
(b) to negotiate or transfer, or
(c) both to receive interest or dividends on, and to negotiate or transfer, the securities or any of
them.
**375. Requisition of security from grantee of certificate.—(1) The District Judge shall in any case**
in which he proposes to proceed under sub-section (3) or sub-section (4) of section 373, and may, in any
other case, require, as a condition precedent to the granting of a certificate, that the person to whom he
proposes to make the grant shall give to the Judge a bond with one or more surety or sureties, or other
sufficient security, for rendering an account of debts and securities received by him and for indemnity of
persons who may be entitled to the whole or any part of those debts and securities.
(2) The Judge may, on application made by petitioner and on cause shown to his satisfaction, and
upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as
he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be
entitled to sue thereon in his own name as if it had been originally given to him instead of to the Judge of
the Court, and to recover, as trustee for all persons interested, such amount as may be recoverable
thereunder.
**376. Extension of certificate.—(1) A District Judge may, on the application of the holder of a**
certificate under this Part, extend the certificate to any debt or security not originally specified therein,
and every such extension shall have the same effect as if the debt or security to which the certificate is
extended had been originally specified therein.
(2) Upon the extension of a certificate, powers with respect to the receiving of interest or dividends
on, or the negotiation or transfer of, any security to which the certificate has been extended may be
conferred, and a bond or further bond or other security for the purposes mentioned in section 375 may be
required, in the same manner as upon the original grant of a certificate.
**377. Forms of certificate and extended certificate.—Certificates shall be granted and extensions of**
certificates shall be made, as nearly as circumstances admit, in the forms set forth in Schedule VIII.
**378. Amendment of certificate in respect of powers as to securities.—Where a District Judge has**
not conferred on the holder of a certificate any power with respect to a security specified in the certificate,
or has only empowered him to receive interest or dividends on, or to negotiate or transfer, the security the
Judge may, on application made by petitioner and on cause shown to his satisfaction, amend the
certificate by conferring any of the powers mentioned in section 374 or by substituting any one for any
other of those powers.
**379. Mode of collecting court-fees on certificates.—(1) Every application for a certificate or for the**
extension of a certificate shall be accompanied by a deposit of a sum equal to the fee payable under the
Court-Fees Act, 1870 (7 of 1870), in respect of the certificate or extension applied for.
-----
(2) If the application is allowed, the sum deposited by the applicant shall be expended, under the
direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable as aforesaid.
(3) Any sum received under sub-section (1) and not expended under sub-section (2) shall be refunded
to the person who deposited it.
**380.** **Local** **extent** **of** **certificate.—A certificate** under this Part shall have effect
throughout [1][India] [2]***.
3 3 4
[This section shall apply in [India] after the separation of Burma and Aden from India to
certificates granted in Burma and Aden before the date of the separation, or after that date in proceedings
which were pending at that date.]
5[It shall also apply in 3[India] 6***7after the separation of Pakistan from India to certificates granted
before the date of the separation, or after that date in proceedings pending at that date in any of the
territories which on that date constituted Pakistan.]
**381. Effect of certificate.—Subject to the provisions of this Part, the certificate of the District Judge**
shall, with respect to the debts and securities specified therein, be conclusive as against the persons owing
such debts or liable on such securities, and shall, notwithstanding any contravention of section 370, or
other defect, afford full indemnity to all such persons as regards all payments made, or dealings had, in
good faith in respect of such debts or securities to or with the person to whom the certificate was granted.
8[382. Effect of certificate granted or extended by Indian representative in Foreign State and in
**certain other cases.—Where a certificate in the form, as nearly as circumstances admit, of Schedule**
VIII—
(a) has been granted to a resident within a foreign State by an Indian representative accredited to
that State, or
(b) has been granted before the commencement of the Part B States (Laws) Act, 1951 (3 of 1951),
to a resident within any Part B State by a district judge of that State or has been extended by him in
such form, or
(c) has been granted after the commencement of the Part B States (Laws) Act, 1951 (3 of 1951),
to a resident within the State of Jammu and Kashmir by the district judge of that State or has been
extended by him in such form, the certificate shall, when stamped in accordance with the provisions
of the Court-Fees Act, 1870 (7 of 1870), with respect to certificates under this Part, have the same
effect in India as a certificate granted or extended under this Part.]
**383. Revocation of certificate.—A certificate granted under this Part may be revoked for any of the**
following causes, namely:—
(a) that the proceedings to obtain the certificate were defective in substance;
(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the
concealment from the Court of something material to the case;
1. Subs.by Act 3 of 1951,s. 3 and the Schedule, for “the States”.
2. The words “of India” omitted by the A.O. 1950.
3. Ins. by the A.O. 1937.
4. 1st April, 1937.
5. Added by the A.O. 1948.
6. The words “of India” omitted by Act 48 of 1952,s. 3 and Schedule II.
7. 15th August, 1947.
8. Subs. by Act 1957, s. 2 for s. 382.
-----
(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of
law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;
(d) that the certificate has become useless and inoperative through circumstances;
(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to
effects comprising debts or securities specified in the certificate renders it proper that the certificate
should be revoked.
**384. Appeal.—(1) Subject to the other provisions of this Part, an appeal shall lie to the High Court**
from an order of a District Judge granting, refusing or revoking a certificate under this Part, and the High
Court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be
granted and direct the District judge, on application being made therefore, to grant it accordingly, in super
session of the certificate, if any, already granted.
(2) An appeal under sub-section (1) must be preferred within the time allowed for an appeal under the
Code of Civil Procedure, 1908 (5 of1908).
(3) Subject to the provisions of sub-section (1) and to the provisions as to reference to and revision by
the High Court and as to review of judgment of the Code of Civil Procedure, 1908 (5 of 1908), as applied
by section 141 of that Code, an order of a District Judge under this Part shall be final.
**385. Effect on certificate of previous certificate, probate or letters of administration.—Save as**
provided by this Act, a certificate granted thereunder in respect of any of the effects of a deceased person
shall be invalid if there has been a previous grant of such a certificate or of probate or letters of
administration in respect of the estate of the deceased person and if such previous grant is in force.
**386. Validation of certain payments made in good faith to holder of invalid certificate.—**
Where a certificate under this Part has been superseded or is invalid by reason of the certificate having
been revoked under section 383,or by reason of the grant of a certificate to a person named in an appellate
order under section 384, or by reason of a certificate having been previously granted, or for any other
cause, all payments made or dealings had, as regards debts and securities specified in the superseded or
invalid certificate, to or with the holder of that certificate in ignorance of its super session or invalidity,
shall be held good against claims under any other certificate.
**387. Effect of decisions under this Act, and liability of holder of certificate thereunder.—**
No decision under this Part upon any question of right between any parties shall be held to bar the trial of
the same question in any suit or in any other proceeding between the same parties, and nothing in this Part
shall be construed to affect the liability of any person who may receive the whole or any part of any debt
or security, or any interest or dividend on any security, to account therefore to the person lawfully entitled
thereto.
**388. Investiture of inferior courts with jurisdiction of District Court for purposes of this Act.—**
(1) The State Government may by notification in the Official Gazette, invest any court inferior in grade to
a District Judge with power to exercise the functions of a District Judge under this Part.
(2) Any inferior court so invested shall, within the local limits of its jurisdiction, have concurrent
jurisdiction with the District Judge in the exercise of all the powers conferred by this Part upon the
District Judge, and the provisions of this Part relating to the District Judge shall apply to such an inferior
court as if it were a District Judge:
Provided that an appeal from any such order of an inferior court as is mentioned in sub-section (1) of
section 384 shall lie to the District Judge, and not to the High Court, and that the District Judge may, if he
thinks fit, by his order on the appeal, make any such declaration and direction as that sub-section
authorises the High Court to make by its order on an appeal from an order of a District Judge.
-----
(3) An order of a District Judge on an appeal from an order of an inferior Court under the last
foregoing sub-section shall, subject to the provisions as to reference to and revision by the High Court
and as to review of judgment of the Code of Civil Procedure, 1908 (5 of 1908), as applied by section
141 of that Code, be final.
(4) The District Judge may withdraw any proceedings under this Part from an inferior court, and may
either himself dispose of them or transfer them to another such court established within the local limits of
the jurisdiction of the District Judge and having authority to dispose of the proceedings.
(5) A notification under sub-section (1) may specify any inferior court specially or any class of such
courts in any local area.
(6) Any Civil Court which for any of the purposes of any enactment is subordinate to, or subject to
the control of, a District Judge shall, for the purposes of this section, be deemed to be a court inferior in
grade to a District Judge.
**STATE AMENDMENT**
**Karnataka**
**Amendment of Central Act 39 of 1925.—In the Indian Succession Act, 1925 (Central Act 39 of**
1925) as in force in the State of Karnataka, section 388 shall be omitted.
[Vide Karnataka Act 28 of 1978, s. 4].
**389. Surrender of superseded and invalid certificates.—(1) When a certificate under this Part has**
been superseded or is invalid from any of the causes mentioned in section 386, the holder thereof shall, on
the requisition of the Court which granted it, deliver it upto that court.
(2) If he willfully and without reasonable cause omits so to deliver it up, he shall be punishable with
fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to
three months or with both.
**390. Provisions with respect to certificates under Bombay Regulation VIII of 1827.—**
Notwithstanding anything in Bombay Regulation No. VIII of 1827 the provisions of section 370, subsection (2), section 372, sub-section (1), clause (f), and sections 374, 375, 376, 377, 378, 379, 381, 383,
384, 387, 388 and 389 with respect to certificates under this Part and applications therefore, and of
section 317 with respect to the exhibition of inventories and accounts by executors and administrators,
shall, so far as they can be made applicable, apply, respectively, to certificates granted under that
Regulation and applications made for certificates thereunder, after the 1st day of May, 1889 and to the
exhibition of inventories and accounts by the holders of such certificates so granted.
PART XI
MISCELLANEOUS
**391 Saving.—Nothing in Part VIII, Part IX or Part X shall—**
(i) validate any testamentary disposition which would otherwise have been invalid;
(ii) invalidate any such disposition which would otherwise have been valid;
(iii) deprive any person of any right of maintenance to which he would otherwise have been
entitled; or
(iv) affect the Administrator General’s Act, 1913(3 of 1913).
**392. [Repealed.].—Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Schedule.**
-----
# SCHEDULE I
(See section 28)
TABLE OF CONSANGUINITY
Great
Grandfather’s
Father.
4
Great
Grandfather.
3
Grandfather.
2
Father
1
THE PERSON
WHOSE
RELATIVES
ARE TO BE
RECKONED.
1
Son .
1
Grandson.
2
|Col1|Col2|
|---|---|
|Great Grandson.||
-----
1[SCHEDULE II
PART I
(See section 54)
(1) Father and mother.
(2)Brothers and sisters (other than half brothers and sisters) and lineal descendants of such of them as
shall have predeceased the intestate.
(3) Paternal and maternal grandparents.
(4) Children of paternal and maternal grandparents and the lineal descendants of such of them as have
predeceased the intestate.
(5) Paternal and maternal grandparents’ parents.
(6) Paternal and maternal grandparents’ parents’ children and the lineal descendants of such of them
as have predeceased the intestate.
PART II
(See section 55)
(1) Father and mother.
(2) Brothers and sisters (other than half brothers and sisters) and lineal descendants of such of them as
shall have predeceased the intestate.
(3) Paternal and maternal grandparents.
(4) Children of paternal and maternal grandparents and the lineal descendants of such of them as have
predeceased the intestate.
(5) Paternal and maternal grandparents’ parents.
(6) Paternal and maternal [2][grandparent’s parents children] and the lineal descendants of such of them
as have predeceased the intestate.
(7) Half brothers and sisters and the lineal descendants of such of them as have predeceased the
intestate.
(8) Widows of brothers or half brothers and widowers of sisters or half sisters.
(9) Paternal or maternal grandparents children’s widows or widowers.
(10) Widows or widowers of deceased lineal descendants of the intestate who have not married again
before the death of the intestate.]
SCHEDULE III
[See section 57]
PROVISIONS OF PART VI APPLICABLE TO CERTAIN WILLS AND CODICILS DESCRIBED IN SECTION57
Sections 59, 61, 62, 63, 64, 68, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89,
90, 95, 96, 98, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, [3][117],
119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139,
140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160,
161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181,
182, 183, 184, 185, 186, 187, 188, 189 and 190.
1. Subs. by Act 51 of 1991, s. 7 for the second Schedule.
2. Subs. by Act 30 of 2001, s. 3 and the Second Schedule, for “grandparents’ children” (w.e.f. 3-9-2001).
3. Ins by Act 21 of 1929, s. 14.
-----
# Restrictions and modifications in application of foregoing sections
1. Nothing therein contained shall authorise a testator to bequeath property which he could not have
alienated inter vivos, or to deprive any persons of any right of maintenance of which, but for the
application of these sections, he could not deprive them, by will.
2. Nothing therein contained shall authorise any Hindu, Buddhist, Sikh or Jaina, to create in property
any interest which he could not have created before the first day of September, 1870.
3. Nothing therein contained shall affect any law of adoption or intestate succession,
4. In applying section 70, the words “than by marriage or” shall be omitted.
5. In applying any of the following sections, namely, sections seventy-five, seventy-six, one hundred
and five, one hundred and nine, one hundred and eleven, one hundred and twelve, one hundred and
thirteen, one hundred and fourteen, one hundred and fifteen, and one hundred and sixteen to such wills
and codicils, the words “son”, “sons”, “child”, and “children” shall be deemed to include an adopted
child; and the word “grand-children” shall be deemed to include the children, whether adopted or naturalborn, of a child whether adopted or natural-born; and the expression "daughter-in-law" shall be deemed to
include the wife of an adopted son.
-----
SCHEDULE IV
[See section 274(2)]
FORM OF CERTIFICATE
I, A. B., Registrar (or as the case may be) of the High Court of Judicature at(or as the case may be)
hereby certify that on the day of, the HighCourt of Judicatureat (or as the case may be)
granted probate of the will (or letters of administration ofthe estate) of C.D., late of, decreased, to
E.F. of and G.H. of, andthat such probate (or letters) has (or have) effect over all the property of the
deceased throughout [1][India] [2]***.
SCHEDULE V
[See section 284(4)]
FORM OF CAVEAT
Let nothing be done in the matter of, the estate of A. B., late of, deceased, whodied on the
day of at, without notice to C.D.of
SCHEDULE VI
(Seesection 289)
FORM OF PROBATE
I, Judge of the District of [or Delegate appointed for granting probate orletters of administration in
(here insert the limits of the Delegate’s jurisdiction)], hereby make knownthat on the day of in the
year, the last will of, late of, a copy whereof ishereunto annexed, was proved and registered before
me, and that administration of the property andcredits of the said deceased, and in any way concerning his
will was granted to, the executor inthe said will named, he having undertaken to administer the
same, and to make a full and true inventory of the said property and credits and exhibit the same in this
Court within six months from the date of this grant or within such further time as the Court may, from
time to time, appoint, and also to render to this Court a true account of the said property and credits
within one year from the same date, or within such further time as the Court may, from time to time,
appoint.
SCHEDULE VII
(See section 290)
FORM OF LETTERS OF ADMINISTRATION
I, Judge of the District of [or Delegate appointed for granting probate
orletters of administration in (here insert the limits of the Delegate’s jurisdiction)], hereby
makeknown that on the day of letters of administration (with or without the will annexed, as thecase
may be), of the property and credits of, late of,deceased, were granted to, thefather (or as the
case may be) of the deceased, he having undertaken to administer the same and to make a full and true
inventory of the said property and credits and exhibit the same in this Court, within six months from the
date of this grant or within such further time as the Court may, from time to time, appoint, and also to
render to this Court a true account of the said property and credits within one year from the same date, or
within such further time as the Court may, from time to time, appoint.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
2. The words “of India” omitted by the A.O. 1950.
-----
SCHEDULE VIII
(See section 377)
FORMS OF CERTIFICATE AND EXTENDED CERTIFICATE
In the Court of
To A. B.
Whereas you applied on the day of for a certificate under Part X of the IndianSuccession
Act, 1925, in respect of the following debts and securities, namely:—
_Debts_
Serial 1[Name] of Amount of debt,
Number debtor including interest, on date
of application for certificate
_Securities_
DESCRIPTION
Serial
Number
Distinguishing
number or letter of
security
Name, title or class of security Amount or par value of
security
Description and date of
instrument, if any, by
which the debt is secured
Market-value of security
on date of application for
certificate
This certificate is accordingly granted to you and empowers you to collect those debts [and] [to receive][interest]
[dividends] [on] [to negotiate] [to transfer] [those securities].
Dated this day of _District Judge_
In the Court of
On the application of A. B. made to me on the day of, I hereby extend this
certificateto the following debts and securities, namely:—
_Debts_
Serial Number Name of debtor Amount of debt, including interest, on
date of application for extension
_Securities_
DESCRIPTION
Description and date of
instrument, if any, by which the
debt is secured
Serial Number Distinguishing
number or letter of
security
Name, title or class of
security
Amount or par value
of security
Market-value of
security on date of
application for
extension
This extension empowers A. B. to collect those debts [and] [to receive] [interest] [dividends] [on] [tonegotiate]
[to transfer] [those securities].
Dated this day of
_District Judge._
_SCHEDULE IX.—[Enactments repealed.]. Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and the_
_Schedule._
1. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “Number”.
-----
|
25-Mar-1926 | 16 | The Trade Unions Act, 1926 | https://www.indiacode.nic.in/bitstream/123456789/2386/1/AAA1926tr__16.pdf | central | THE TRADE UNIONS ACT, 1926
____________
ARRANGEMENT OF SECTIONS
____________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
REGISTRATION OF TRADE UNIONS
3. Appointment of Registrars.
4. Mode of registration.
5. Application for registration.
6. Provisions to be contained in the rules of a Trade Union.
7. Power to call for further particulars and to require alteration of name.
8. Registration.
9. Certificate of registration.
9A. Minimum requirement about membership of a Trade Union.
10. Cancellation of registration.
11. Appeal.
12. Registered office.
13. Incorporation of registered Trade Unions.
14. Certain Acts not to apply to registered Trade Unions.
CHAPTER III
RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS
15. Objects on which general funds may be spent.
16. Constitution of a separate fund for political purposes.
17. Criminal conspiracy in trade disputes.
18. Immunity from civil suit in certain cases.
19. Enforceability of agreements.
20. Right to inspect books of Trade Union.
21. Rights of minors to membership of Trade Unions.
21A. Disqualifications of office-bearers of Trade Unions.
22. Proportion of office-bearers to be connected with the industry.
23. Change of name.
24. Amalgamation of Trade Unions.
25. Notice of change of name or amalgamation.
1
-----
SECTIONS
26. Effects of change of name and of amalgamation.
27. Dissolution.
28. Returns.
CHAPTER IV
REGULATIONS
29. Power to make regulations.
30. Publication of regulations.
CHAPTER V
PENALTIES AND PROCEDURE
31. Failure to submit returns.
32. Supplying false information regarding Trade Unions.
33. Cognizance of offences.
2
-----
# THE TRADE UNIONS ACT, 1926
ACT NO. 16 OF 1926[1]
[25th March, 1926.]
# An Act to provide for the registration of Trade Unions and in certain respects to
define the law relating to registered Trade Unions [2]***.
WHEREAS it is expedient to provide for the registration of Trade Unions and in certain respects to
define the law relating to registered Trade Unions [2]***; It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Short title, extent and commencement.—(1) This Act may be called the [3]*** Trade Unions**
Act, 1926.
4[(2) It extends to the whole of India 5***.]
(3) It shall come into force on such date[6] as the Central Government may, by notification in the
Official Gazette, appoint.
**2. Definitions.—In this Act, [7][“the appropriate Government” means, in relation to Trade Unions**
whose objects are not confined to one State, the Central Government, and in relation to other Trade
Unions, the State Government, and] unless there is anything repugnant in the subject or context,—
(a) “executive” means the body, by whatever name called, to which the management of the
affairs of a Trade Union is entrusted;
(b) “[8][office-bearer]”, in the case of a Trade Union, includes any member of the executive
thereof, but does not include an auditor;
(c) “prescribed” means prescribed by regulations made under this Act;
(d) “registered office” means that office of a Trade Union which is registered under this Act as
the head office thereof;
(e) “registered Trade Union” means a Trade Union registered under this Act;
9[(f) “Registrar” means—
(i) a Registrar of Trade Unions appointed by the appropriate Government under section 3,
and includes any Additional or Deputy Registrar of Trade Unions; and
(ii) in relation to any Trade Union, the Registrar appointed for the State in which
the head or registered office, as the case may be, of the Trade Union is situated;]
1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962; to Pondicherry by Reg. 7 of 1963 (w.e.f. 1-101963)
and to Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.
The Act has been amended in its application to Maharashtra by Maharashtra Act 3 of 1968 and to Madhya Pradesh by Madhya
Pradesh Acts 28 of 1960 and 16 of 1968.
2. The words “in the Provinces of India” omitted by Act 42 of 1960, s. 2.
3. The word “Indian” omitted by Act 38 of 1964, s. 3 (w.e.f. 1-4-1965).
4. Subs. by the A.O. 1950, for sub-section (2).
5.The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Sch.
(w.e.f. 1-9-1971).
6. 1st June, 1927, sec Gazette of India, 1927, Pt. I, p. 467.
7. Ins. by the A.O. 1937.
8. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
9. Subs. by Act 42 of 1960, s. 3, for cl. (f).
3
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(g) “trade dispute” means any dispute between employers and workmen or between
workmen and workmen, or between employers and employers which is connected with the
employment or non-employment, or the terms of employment or the conditions of labour, of
any person, and “workmen” means all persons employed in trade or industry whether or not
in the employment of the employer with whom the trade dispute arises; and
(h) “Trade Union” means any combination, whether temporary or permanent, formed
primarily for the purpose of regulating the relations between workmen and employers or between
workmen and workmen, or between employers and employers, or for imposing restrictive
conditions on the conduct of any trade or business, and includes any federation of two or more
Trade Unions:
Provided that this Act shall not affect—
(i) any agreement between partners as to their own business;
(ii) any agreement between an employer and those employed by him as to such
employment; or
(iii) any agreement in consideration of the sale of the goodwill of a business or of
instruction in any profession, trade or handicraft.
CHAPTER II
REGISTRATION OF TRADE UNIONS
**3. Appointment of Registrars.—[1][(1)] [2][The appropriate Government] shall appoint a person to be**
the Registrar of Trade Unions for [3][each State].
4[(2) The appropriate Government may appoint as many Additional and Deputy Registrars of
Trade Unions as it thinks fit for the purpose of exercising and discharging, under the
superintendence and direction of the Registrar, such powers and functions of the Registrar under
this Act as it may, by order, specify and define the local limits within which any such Additional or
Deputy Registrar shall exercise and discharge the powers and functions so specified.
(3) Subject to the provisions of any order under sub-section (2), where an Additional or Deputy
Registrar exercises and discharges the powers and functions of a Registrar in an area within which the
registered office of a Trade Union is situated, the Additional or Deputy Registrar shall be deemed to be
the Registrar in relation to the Trade Union for the purposes of this Act.]
**4. Mode of registration.—[5][(1)] Any seven or more members of a Trade Union may, by**
subscribing their names to the rules of the Trade Union and by otherwise complying with the
provisions of this Act with respect to registration, apply for registration of the Trade Union under
this Act.
6[Provided that no Trade Union of workmen shall be registered unless at least ten per cent. or one hundred of
the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected
are the members of such Trade Union on the date of making of application for registration:
Provided further that no Trade Union of workmen shall be registered unless it has on the date of making
application not less than seven persons as its members, who are workmen engaged or employed in the
establishment or industry with which it is connected.]
7[(2) Where an application has been made under sub-section (1) for the registration of a Trade
Union, such application shall not be deemed to have become invalid merely by reason of the fact
1. Section 3 renumbered as sub-section (1) thereof by Act 42 of 1960, s. 4.
2. Subs. by the A.O. 1937, for “Each L.G.”.
3. Subs., ibid., for “the Province”.
4. Ins. by Act 42 of 1960, s. 4.
5. Section 4 renumbered as sub-section (1) thereof by s. 5, ibid.
6. The Provisos ins. by Act 31 of 2001, s. 2 (w.e.f. 9-1-2002).
7. Ins. by Act 42 of 1960, s. 5.
4
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that, at any time after the date of the application, but before the registration of the Trade Union,
some of the applicants, but not exceeding half of the total number of persons who made the
application, have ceased to be members of the Trade Union or have given notice in writing to the
Registrar dissociating themselves from the applications.]
**5. Application for registration.—(1) Every application for registration of a Trade Union**
shall be made to the Registrar, and shall be accompanied by a copy of the rules of the Trade
Union and a statement of the following particular’s, namely:—
(a) the names, occupations and addresses of the members making the application;
1[(aa) in the case of a Trade Union of workmen, the names, occupations and addresses of the
place of work of the members of the Trade Union making the application;]
(b) the name of the Trade Union and the address of its head office; and
(c) the titles, names, ages, addresses and occupations of the [2][office-bearers] of the Trade
Union.
(2) Where a Trade Union has been in existence for more than one year before the making of
an application for its registration, there shall be delivered to the Registrar, together with the
application, a general statement of the assets and liabilities of the Trade Union prepared in
such form and containing such particulars as may be prescribed.
**6. Provisions to be contained in the rules of a Trade Union.—A Trade Union shall not**
be entitled to registration under this Act, unless the executive thereof is constituted in
accordance with the provisions of this Act, and the rules thereof provide for the following
matters, namely:—
(a) the name of the Trade Union;
(b) the whole of the objects for which the Trade Union has been established;
(c) the whole of the purposes for which the general funds of the Trade Union shall be
applicable, all of which purposes shall be purposes to which such funds are lawfully
applicable under this Act;
(d) the maintenance of a list of the members of the Trade Union and adequate facilities for the
inspection thereof by the [2][office-bearers] and members of the Trade Union;
(e) the admission of ordinary members who shall be persons actually engaged or
employed in an industry with which the Trade Union is connected, and also the admission of
the number of honorary or temporary members as [2][office-bearers] required under section 22
to form the executive of the Trade Union;
3[(ee) the payment of a minimum subscription by members of the Trade Union which shall not
be less than—
(i) one rupee per annum for rural workers;
(ii) three rupees per annum for workers in other unorganised sectors; and
(iii) twelve rupees per annum for workers in any other case;]
(f) the conditions under which any member shall be entitled to any benefit assured by
the rules and under which any fine or forfeiture may be imposed on the members;
(g) the manner in which the rules shall be amended, varied or rescinded;
(h) the manner in which the members of the executive and the other [1][office-bearers] of the
Trade Union shall be [2][elected] and removed;
1. Ins. by Act 31 of 2001, s. 3 (w.e.f. 9-1-2002).
2. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
3. Subs. by Act 31 of 2001, s. 4 (w.e.f. 9-1-2002).
5
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3[(hh) the duration of period being not more than three years, for which the members of the executive
and other office-bearers of the Trade Union shall be elected;]
(i) the safe custody of the funds of the Trade Union, an annual audit, in such manner as
may be prescribed, of the accounts thereof, and adequate facilities for the inspection of the
account books by the [1][office-bearers] and members of the Trade Union; and
(j) the manner in which the Trade Union may be dissolved.
**7. Power to call for further particulars and to require alteration of name** .—(1) The
Registrar may call for further information for the purpose of satisfying himself that any application
complies with the provisions of section 5, or that the Trade Union is entitled to registration under
section 6, and may refuse to register the Trade Union until such information is supplied.
(2) If the name under which a Trade Union is proposed to be registered is identical with that
by which any other existing Trade Union has been registered or, in the opinion of the Registrar,
so nearly resembles such name as to be likely to deceive the public or the members of either
Trade Union, the Registrar shall require the persons applying for registration to alter the name of
the Trade Union stated in the application, and shall refuse to register the Union until such
alteration has been made.
**8. Registration.—The Registrar, on being satisfied that the Trade Union has complied with all the**
requirements of this Act in regard to registration, shall register the Trade Union by entering in a
register, to be maintained in such form as may be prescribed, the particulars relating to the Trade Union
contained in the statement accompanying the application for registration.
**9. Certificate of registration.—The Registrar, on registering a Trade Union under section 8, shall issue a**
certificate of registration in the prescribed form which shall be conclusive evidence that the Trade Union has
been duly registered under this Act.
**STATE AMENDMENT**
**Ladakh (UT).—**
**Section 9.—After “certificate of registration”, “insert with in a period not exceeding thirty days subject to**
the fulfillment of other provisions of this Act”.
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No.
S.O. 3774(E), dated (23-10-2020).]
**Jammu and Kashmir (UT).—**
**Substitution of section 9-For section 9, substitute—**
**9. Certificate of registration.—The Registrar, on registering a Trade Union under section 8, shall issue a**
certificate of registration within a period not exceeding thirty days subject to the fulfillment of other provisions
of this Act in the prescribed form which shall be conclusive evidence that the Trade Union has been duly
registered under this Act”.
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020,
notification No. S.O. 3465(E), dated (5-10-2020).]
4[9A. Minimum requirement about membership of a Trade Union.—A registered Trade Union of
workmen shall at all times continue to have not less than ten per cent. or one hundred of the workmen,
whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with
which it is connected, as its members.]
**10. Cancellation of registration.—A certificate of registration of a Trade Union may be withdrawn or**
cancelled by the Registrar—
(a) on the application of the Trade Union to be verified in such manner as may be prescribed, or
(b) if the Registrar is satisfied that the certificate has been obtained by fraud or mistake, or
that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar
contravened any provision of this Act or allowed any rule to continue in force which is
inconsistent with any such provision, or has rescinded any rule providing for any matter
provision for which is required by section 6:
5[(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the
requisite number of members:]
1. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
2. Subs. by Act 31 of 2001, s. 4, for “appointed” (w.e.f. 9-1-2002).
3. Ins. by s. 4, ibid., (w.e.f. 9-1-2002).
4. Ins. by s. 5, ibid., (w.e.f. 9-1-2002).
5. Ins. by s. 6, ibid., (w.e.f. 9-1-2002).
6
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Provided that not less than two months previous notice in writing specifying the ground on which it
is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union
before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union.
1[11. Appeal.—(1) Any person aggrieved by any refusal of the Registrar to register a
Trade Union or by the withdrawal or cancellation of a certificate of registration may, within
such period as may be prescribed, appeal,—
(a) where the head office of the Trade Union is situated within the limits of a Presidency-town
2***, to the High Court, or
3[(aa) where the head office is situated in an area, falling within the jurisdiction of a Labour
Court or an Industrial Tribunal, to that Court or Tribunal, as the case may be;]
(b) where the head office is situated in any other area, to such Court, not inferior to the
Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction,
as the [4][appropriate Government] may appoint in this behalf for that area.
(2) The appellate Court may dismiss the appeal, or pass an order directing the Registrar to
register the Union and to issue a certificate of registration under the provisions of section 9 or
setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and
the Registrar shall comply with such order.
(3) For the purpose of an appeal under sub-section (1) an appellate Court shall, so far as may
be, follow the same procedure and have the same powers as it follows and has when trying a suit
under the Code of Civil Procedure, 1908 (5 of 1908), and may direct by whom the whole or any
part of the costs of the appeal shall be paid, and such costs shall be recovered as if they had
been awarded in a suit under the said Code.
(4) In the event of the dismissal of an appeal by any Court appointed under clause ( _b) of_
sub-section (1), the person aggrieved shall have a right of appeal to the High Court, and the
High Court shall, for the purpose, of such appeal, have all the powers of an appellate Court
under sub-sections (2) and (3), and the provisions of those sub-sections shall apply
accordingly.]
**12. Registered office.—All communications and notices to a registered Trade Union may**
be addressed to its registered office. Notice of any change in the address of the head office
shall be given within fourteen days of such change to the Registrar in writing, and the changed
address shall be recorded in the register referred to in section 8.
**13. Incorporation of registered Trade Unions.—Every** registered Trade Union shall be a
corporate by the name under which it is registered, and shall have perpetual succession and
a body common seal with power to acquire and hold both movable and immovable property
and to contract, and shall by the said name sue and be sued.
**14. Certain Acts not to apply** **to registered Trade Unions.—The** following Acts,
namely:—
(a) The Societies Registration Act, 1860 (21 of 1860),
(b) The Co-operative Societies Act, 1912 (2 of 1912),
5* - - -
6[(c) The Companies Act, 1956 (1 of 1956),]
1. Subs. by Act 15 of 1928, s. 2, for section 11.
2. The words “or of Rangoon” omitted by the A.O. 1937.
3. Ins. by Act 31 of 2001, s. 7 (w.e.f. 9-1-2002).
4. Subs., ibid., for “L.G.”.
5. Clauses (c) and (d) rep. by Act 25 of 1942, s. 2 and the First Schedule.
6. Subs. by Act 42 of 1960, s. 7, for clause ( _e)._
7
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shall not apply to any registered Trade Union, and the registration of any such Trade Union under any
such Act shall be void.
CHAPTER III
RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS
**15. Objects on which general funds may be spent** .—The general funds of a
registered Trade Union shall not be spent on any other objects than the following,
namely:—
(a) the payment of salaries, allowances and expenses to [1][office-bearers] of the Trade
Union;
(b) the payment of expenses for the administration of the Trade Union, including
audit of the accounts of the general funds of the Trade Union;
(c) the prosecution or defence of any legal proceeding to which the Trade Union or
any member thereof is a party, when such prosecution or defence is undertaken f or the
purpose of securing or protecting any rights of the Trade Union as such or any rights
arising out of the relations of any member with his employer or with a person whom the
member employs;
(d) the conduct of trade disputes on behalf of the Trade Union or any member
thereof;
(e) the compensation of members for loss arising out of trade disputes;
(f) allowances to members or their dependant on account of death, old age, sickness, accidents
or unemployment of such members;
(g) the issue of, or the undertaking of liability under, policies of assurance on the lives
of members, or under policies insuring members against sickness, accident or
unemployment;
(h) the provision of educational, social or religious benefits for members (including
the payment of the expenses of funeral or religious ceremonies for deceased members)
or for the dependants of members;
(i) the upkeep of a periodical published mainly for the purpose of discussing questions affecting
employers or workmen as such;
(j) the payment, in furtherance of any of the objects on which the general funds of the
Trade Union may be spent, of contributions to any cause intended to benefit workmen in
general, provided that the expenditure in respect of such contributions in any financial year
shall not at any time during that year be in excess of one-fourth of the combined total of the
gross income which has up to that time accrued to the general funds of the Trade Union
during that year and of the balance at the credit of those funds at the commencement of that
year; and
(k) subject to any conditions contained in the notification, any other object notified by the
2[appropriate Government] in the Official Gazette.
1. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
2. Subs. by the A.O. 1937, for “G.G in C.”.
8
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**STATE AMENDMENT**
**Maharashtra**
**Amendment of heading of Chapter III of Act XVI of 1926.—In Chapter III of the Trade Unions**
Act, 1926, in its application to the State of Maharashtra (hereinafter referred to as “the principal Act”),
in the heading after the words “Trade Unions” the words “and Settlement of Certain Disputes” shall be
added.
[Vide Maharashtra Act III of 1968, s. 2]
**16. Constitution of** **a separate fund for political purposes.—(1)** A registered Trade
Union may constitute a separate fund, from contributions separately levied for or made to that
fund, from which payments may be made, for the promotion of the civic and political interests
of its members, in furtherance of any of the objects specified in sub-section (2).
(2) The objects referred to in sub-section (1) are:—
(a) the payment of any expenses incurred, either directly or indirectly, by a candidate or
prospective candidate for election as a member of any legislative body constituted under [1] [the
Constitution] or of any local authority, before, during, or after the election in connection with his
candidature or election; or
(b) the holding of any meeting or the distribution of any literature or documents in support of
any such candidate or prospective candidate; or
(c) the maintenance of any person who is a member of any legislative body constituted under
1[the Constitution] or of any local authority; or
(d) the registration of electors or the selection of a candidate for any legislative body constituted
under [1][the Constitution] or for any local authority; or
(e) the holding of political meetings of any kind, or the distribution of political literature or
political documents of any kind.
2[(2A) In its application to the State of Jammu and Kashmir, references in sub-section (2) to any
legislative body constituted under the Constitution shall be construed as including references to the
Legislature of that State.]
(3) No member shall be compelled to contribute to the fund constituted under sub-section (1);
and a member who does not contribute to the said fund shall not be excluded from any benefits of
the Trade Union, or placed in any respect either directly or indirectly under any disability or at
any disadvantage as compared with other members of the Trade Union (except in relation to the
control or management of the said fund) by reason of his not contributing to the said fund; and
contribution to the said fund shall not be made a condition for Admission to the Trade Union.
**17. Criminal conspiracy in trade disputes.—No [3][office-bearer] or member of a registered**
Trade Union shall be liable to punishment under sub-section (2) of section 120B of the Indian Penal
Code (45 of 1860), in respect of any agreement made between the members for the purpose of
furthering any such object of the Trade Union as is specified in section 15, unless the agreement is
an agreement to commit an offence.
**18. Immunity from civil suit in certain cases.—(1) No suit or other legal proceeding shall be**
maintainable in any Civil Court against any registered Trade Union or any [3][office-bearer] or
member thereof in respect of any act done in contemplation or furtherance of a trade dispute to
which a member of the Trade Union is a party on the ground only that such act induces some other
person to break a contract of employment, or that it is in interference with the trade, business or
1. The words “the Government of India Act” have been successively amended by the A.O. 1937, the A.O. 1950 and Act 42 of
1960 to read as above.
2. Ins. by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
3. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
9
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employment of some other person or with the right of some other person to dispose of his capital
or of his labour as he wills.
(2) A registered Trade Union shall not be liable in any suit or other legal proceeding in any Civil
Court in respect of any tortious act done in contemplation or furtherance of a trade dispute by an agent
of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to
express instructions given by, the executive of the Trade Union.
**19.** **Enforceability of agreements.—Notwithstanding anything contained in any other law for**
the time being in force, an agreement between the members of a registered Trade Union shall not
be void or voidable merely by reason of the fact that any of the objects of the agreement are in
restraint of trade:
Provided that nothing in this section shall enable any Civil Court to entertain any legal
proceeding instituted for the express purpose of enforcing or recovering damages for the breach
of any agreement concerning the conditions on which any members of a Trade Union shall or
shall not sell their goods, transact business, work, employ or be employed.
**20. Right to inspect books of Trade Union.—The account books of a registered Trade**
Union and the list of members thereof shall be open to inspection by an [1][office-bearer] or
member of the Trade Union at such times as may be provided for in the rules of the Trade Union.
**21. Rights of minors to membership of Trade Unions.—Any person who has attained the**
age of fifteen years may be a member of a registered Trade Union subject to any rules of the
Trade Union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and
execute all instruments and give all acquittances necessary to be executed or given under the
rules.
2* - - -
3[21A. Disqualifications of office-bearers of Trade Unions.—(1) A person shall be disqualified
for being chosen as, and for being, a member of the executive or any other office-bearer of a registered
Trade Union if—
(i) he has not attained the age of eighteen years;
(ii) he has been convicted by a Court in India of any offence involving moral turpitude and
sentenced to imprisonment, unless a period of five years has elapsed since his release.
(2) Any member of the executive or other office-bearer of a registered Trade Union who, before the
commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), has been convicted
of any offence involving moral turpitude and sentenced to imprisonment, shall on the date of such
commencement cease to be such member or office-bearer unless a period of five years has elapsed since
his release before that date.]
4[(3) In its application to the State of Jammu and Kashmir, reference in sub-section (2) to the
commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), shall be construed as
reference to the commencement of this Act in the said State.]
5[22. Proportion of office-bearers to be connected with the industry.—(1) Not less than one-half
of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be
persons actually engaged or employed in an industry with which the Trade Union is connected:
Provided that the appropriate Government may, by special or general order, declare that the
provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the
order.
1. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
2. The proviso omitted by s. 4, ibid. (w.e.f. 1-4-1965).
3. Ins. by s. 5, ibid. (w.e.f. 1-4-1965).
4. Ins. by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
5. Subs. by Act 31 of 2001, s. 8, for section 22 (w.e.f. 9-1-2002).
10
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_Explanation.—For the purposes of this section, "unorganised sector" means any sector which the_
appropriate Government may, by notification in the Official Gazette, specify.
(2) Save as otherwise provided in sub-section (1), all office-bearers of a registered Trade Union,
except not more than one-third of the total number of the office-bearers or five, whichever is less, shall be
persons actually engaged or employed in the establishment or industry with which the Trade Union is
connected.
_Explanation.—For the purposes of this sub-section, an employee who has retired or has been_
retrenched shall not be construed as outsider for the purpose of holding an office in a Trade Union.
(3) No member of the Council of Ministers or a person holding an office of profit (not being an
engagement or employment in an establishment or industry with which the Trade Union is connected), in
the Union or a State, shall be a member of the executive or other office-bearer of a registered Trade
Union.]
**23. Change of name.—Any registered Trade Union may, with the consent of not less than two-**
thirds of the total number of its members and subject to the provisions of section 25, change its name.
**24. Amalgamation of Trade Unions.—Any two or more registered Trade Unions may become**
amalgamated together as one Trade Union with or without dissolution or division of the funds of such
Trade Unions or either or any of them, provided that the votes of at least one-half of the members of each
or every such Trade Union entitled to vote are recorded, and that at least sixty per cent. of the votes
recorded are in favour of the proposal.
**25. Notice of change of name or amalgamation.—(1) Notice in writing of every change of**
name and of every amalgamation, signed, in the case of a change of name, by the Secretary and by
seven members of the Trade Union changing its name, and, in the case of an amalgamation, by the
Secretary and by seven members of each and every Trade Union which is a party thereto, shall be
sent to the Registrar, and where the head office of the amalgamated Trade Union is situated in a different
State, to the Registrar of such State.
(2) If the proposed name is identical with that by which any other existing Trade Union has been
registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive
the public or the members of either Trade Union, the Registrar shall refuse to register the change of
name.
(3) Save as provided in sub-section (2), the Registrar shall, if he is satisfied that the provisions of
this Act in respect of change of name have been complied with, register the change of name in the
register referred to in section 8, and the change of name shall have effect from the date of such
registration.
(4) The Registrar of the State in which the head office of the amalgamated Trade Union is
situated shall, if he is satisfied that the provisions of this Act in respect of amalgamation have been
complied with and that the Trade Union formed thereby is entitled to registration under section 6,
register the Trade Union in the manner provided in section 8, and the amalgamation shall have
effect from the date of such registration.
**26. Effects of change of name and of amalgamation.—(1) The change in the name of a**
registered Trade Union shall not affect any rights or obligations of the Trade Union or render
defective any legal proceeding by or against the Trade Union, and any legal proceeding which
might have been continued or commenced by or against it by its former name may be continued
or commenced by or against it by its new name.
(2) An amalgamation of two or more registered Trade Unions shall not prejudice any right of any of
such Trade Unions or any right of a creditor of any of them.
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**27. Dissolution.—(1) When a registered Trade Union is dissolved, notice of the dissolution**
signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of
the dissolution, he sent to the Registrar, and shall be registered by him if he is satisfied that the
dissolution has been effected in accordance with the rules of the Trade Union, and the
dissolution shall have effect from the date of such registration.
(2) Where the dissolution of a registered Trade Union has been registered and the rules of
the Trade Union do not provide for the distribution of funds of the Trade Union on dissolution,
the Registrar shall divide the funds amongst the members in such manner as may be prescribed.
**28. Returns.—(1) There shall be sent annually to the Registrar, on or before such date as may**
be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditure
of every registered Trade Union during the year ending on the 31st day of [1][December] next
preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on such
31st day of [1][December]. The statement shall be prepared in such form and shall comprise such
particulars as may be prescribed.
(2) Together with the general statement there shall be sent to the Registrar a statement
showing all changes of [2][office-bearers] made by the Trade Union during the year to which the
general statement refers, together also with a copy of the rules of the Trade Union corrected up to
the date of the despatch thereof to the Registrar.
(3) A copy of every alteration made in the rules of a registered Trade Union shall be sent to the
Registrar within fifteen days of the making of the alteration.
3[(4) For the purpose of examining the documents referred to in sub-sections (1), (2) and (3), the
Registrar, or any officer authorised by him, by general or special order, may at all reasonable times
inspect the certificate of registration, account books, registers, and other documents, relating to a Trade
Union, at its registered office or may require their production at such place as he may specify
in this behalf, but no such place shall be at a distance of more than ten miles from the
registered office of a Trade Union.]
**STATE AMENDMENT**
**Maharashtra**
**Insertion of new section 28-IA in Chapter III of Act XVI of 1926.—In chapter III of the**
principal Act, after section 28, the following new section shall be inserted, namely: -
“28-1A. Power of Industrial Court to decide certain disputes.--(1) Where there is a dispute as
respects whether or not any person is an office-bearer or a member of a registered Trade Union
including any dispute relating to wrongful expulsion of any such office-bearer or member), or where
there is any dispute relating to the property (including the account books) of any registered Trade
Union, any member of such registered Trade Union for a period of not less than six months may, with
the consent of the Registrar, and in such manner as may be prescribed, refer the dispute to the
Industrial Court constituted under the Bombay Industrial Relations Act, 1946, for decision.
(2) The Industrial Court shall, after hearing the parties to the dispute, decide the dispute; and may
require an office-bearer or member of the Registered Trade Union to be appointed whether by
election or otherwise under the supervision of such person as the Industrial Court may appoint in this
behalf or removed, in accordance with the rules of the Trade Union:
Provided that the Industrial Court may, pending the decision of the dispute, make an interim order
specifying or appointing any person or appointing a Committee of Administration for any purpose
under the Act including the purpose of taking possession or control of the property in dispute and
managing it for the purposes of the Union pending the decision.
1. Subs. by Act 38 of 1964, s. 6, for “March” (w.e.f. 1-4-1965).
2. Subs. by s. 2, ibid., for “officers” (w.e.f. 1-4-1965).
3. Ins. by Act 42 of 1960, s. 9.
12
-----
(3) The decision of the Industrial Court shall be final and binding on the parties and shall not be
called in question in any Civil Court.
(4) No Civil Court shall entertain any suit or other proceedings in relation to the dispute referred
to the Industrial Court as aforesaid, and if any suit or proceeding is pending in any such Court, the
Civil Court shall, on receipt of an intimation from the Industrial Court that it is seized of the question,
cease to exercise jurisdiction in respect thereof.
(5) Save as aforesaid, the Industrial Court may, in deciding disputes under this section, exercise
the same powers and follow the same procedure as it exercises or follows for the purpose of deciding
industrial disputes under the Bombay Industrial Relations Act, 1946.”
[Vide Maharashtra Act III of 1968, s. 3]
CHAPTER IV
REGULATIONS
**29. Power to make regulations.—(1) [1]*** the [2][appropriate Government] may make regulations for**
the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the manner in which Trade Unions and the rules of Trade Unions shall be registered and the
fees payable on registration;
(b) the transfer of registration in the case of any registered Trade Union which has changed its
head office from one State to another;
(c) the manner in which, and the qualifications of persons by whom, the accounts of registered
Trade Unions or of any class of such Unions shall be audited;
(d) the conditions subject to which inspection of documents kept by Registrars shall
be allowed and the fees which shall be chargeable in respect of such inspections; and
(e) any matte which is to be or may be prescribed.
3[(3) Every notification made by the Central Government under sub-section (1) of section 22, and
every regulation made by it under sub-section (1) shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the notification or regulation, or both Houses agree that the notification or regulation should not be
made, the notification or regulation shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that notification or regulation.
(4) Every notification made by the State Government under sub-section (1) of section 22 and every
regulation made by it under sub-section (1) shall be laid, as soon as may be after it is made, before the
State Legislature.]
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 29 of Act XVI of 1926.—** In section 29, in sub-section (2), in clause
(d), delete the word 'and' appearing at the end and insert thereafter the following clause, namely:
"(dd) The manner in which the dispute may be referred to the Industrial Court under section 28-1A."
[Vide Maharashtra Act III of 1968, s. 4]
1. The words “Subject to the control of the G.G. in C.” omitted by the A.O. 1937.
2. Subs. ibid., for “L.G.”.
3. Ins. by Act 31 of 2001, s. 9 (w.e.f. 9-1-2002).
13
-----
**30. Publication of regulations.—(1) The power to make regulations conferred by**
section 29 is subject to the condition of the regulations being made after previous
publication.
(2) The date to be specified in accordance with clause ( _3)_ of section 23 of the General
Clauses Act, 1897 (10 of 1897), as that after which a draft of regulations proposed to be
made will be taken into consideration shall not be less than three months from the date on
which the draft of the proposed regulations was published for general information.
(3) Regulations so made shall be published in the Official Gazette, and on such publication shall
have effect as if enacted in this Act.
CHAPTER V
PENALTIES AND PROCEDURE
**31. Failure to submit returns.—(1) If default is made on the part of any regiatared**
Trade Union in giving any notice or sending any statement or other document as required by
or under any provision of this Act, every [1][office-bearer] or other person bound by the rules
of the Trade Union to give or send the same, or, if there is no such [1][office-bearer] or person,
every member of the executive of the Trade Union, shall be punishable with fine which may
extend to five rupees and, in the case of a continuing default, with an additional fi ne which
may extend to five rupees for each week after the first during which the default continues:
Provided that the aggregate fine shall not exceed fifty rupees.
(2) Any person who wilfully makes, or causes to be made, any false entry in, or any
omission from, the general statement required by section 28, or in or from any copy of rules
or of alterations of rules sent to the Registrar under that section, shall be punishable with
fine which may extend to five hundred rupees.
**32. Supplying false information regarding Trade Unions** .—Any person who, with
intent to deceive, gives to any member of a registered Trade Union or to any person intending
or applying to become a member of such Trade Union any document purporting to be a copy
of the rules of the Trade Union or of any alterations to the same which he knows, or has reason to
believe, is not a correct copy of such rules or alterations as are for the time being in force, or any
person who, with the like intent, gives a copy of any rules of any unregistered Trade Union to any
person on the pretence that such rules are the rules of a registered Trade Union, shall be
punishable with fine which may extend to two hundred rupees.
**33. Cognizance of offences.—(1) No Court inferior to that of a Presidency Magistrate or a**
Magistrate of the first class shall try any offence under this Act.
(2) No Court shall take cognizance of any offence under this Act, unless complaint thereof
has been made by, or with the previous sanction of, the Registrar or, in the case of an offence
under section 32, by the person to whom the copy was given, within six months of the date on
which the offence is alleged to have been committed.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 33 of Act XVI of 1926.—In section 33 of the Indian Trade Union**
Act, 1926, to sub-section (2) the following shall be added, namely:-
“and in the case of an offence under sub-section (2) of section 31, within six months next
after the alleged offence came to the knowledge of the Registrar.”
[Vide Bombay Act XXXII of 1956, s. 2]
_______
1. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
14
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|
21-Sep-1927 | 16 | The Indian Forest Act, 1927 | https://www.indiacode.nic.in/bitstream/123456789/2388/5/a1927-16.pdf | central | SECTIONS
1. Short title and extent.
2. Interpretation clause.
3. Power to reserve forests.
## THE INDIAN FOREST ACT, 1927
_____
ARRANGEMENT OF SECTIONS
______
CHAPTER I
PRELIMINARY
CHAPTER II
OF RESERVED FORESTS
4. Notification by State Government.
5. Bar of accrual of forest-rights.
6. Proclamation by Forest Settlement-officer.
7. Inquiry by Forest Settlement-officer.
8. Powers of Forest Settlement-officer.
9. Extinction of rights.
10. Treatment of claims relating to practice of shifting cultivation.
11. Power to acquire land over which right is claimed.
12. Order on claims to rights of pasture or to forest-produce.
13. Record to be made by Forest Settlement-officer.
14. Record where he admits claim.
15. Exercise of rights admitted.
16. Commutation of rights.
17. Appeal from order passed under section 11, section 12, section 15 or section 16.
18. Appeal under section 17.
19. Pleaders.
20. Notification declaring forest reserved.
21. Publication of translation of such notification in neighbourhood of forest.
22. Power to revise arrangement made under section 15 or section 18.
23. No right acquired over reserved forest, except as here provided.
24. Rights not to be alienated without sanction.
25. Power to stop ways and water-courses in reserved forests.
26. Acts prohibited in such forests.
27. Power to declare forest no longer reserved.
-----
SECTIONS
28. Formation of village-forests.
29. Protected forests.
CHAPTER III
OF VILLAGE-FORESTS
CHAPTER IV
OF PROTECTED FORESTS
30. Power to issue notification reserving trees, etc.
31. Publication of translation of such notification in neighbourhood.
32. Power to make rules for protected forests.
33. Penalties for acts in contravention of notification under section 30 or of rules under section 32.
34. Nothing in this Chapter to prohibit acts done in certain cases.
CHAPTER V
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY OF GOVERNMENT
35. Protection of forests for special purposes.
36. Power to assume management of forests.
37. Expropriation of forests in certain cases.
38. Protection of forests at request of owners.
CHAPTER VI
OFTHE DUTY ON TIMBER AND OTHER FOREST-PRODUCE
39. Power to impose duty on timber and other forest-produce.
40. Limit not to apply to purchase-money or royalty.
CHAPTER VII
OFTHE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT
41. Power to make rules to regulate transit of forest-produce.
41A. Powers of Central Government as to movements of timber across customs frontiers.
42. Penalty for breach of rules made under section 41.
43. Governments and Forest-officers not liable for damage to forest-produce at depot.
44. All persons bound to aid in case of accident at depot.
CHAPTER VIII
OF THE COLLECTION OF DRIFT AND STRANDED TIMBER
45. Certain kinds of timber to be deemed property of Government until title thereto proved, and may
be collected accordingly.
46. Notice to claimants of drift-timber.
47. Procedure on claim preferred to such timber.
48. Disposal of unclaimed timber.
49. Government and its officers not liable for damage to such timber.
50. Payments to be made by claimant before timber is delivered to him.
-----
SECTIONS
51. Power to make rules and prescribe penalties.
CHAPTER IX
PENALTIES AND PROCEDURE
52. Seizure of property liable to confiscation.
53. Power to release property seized under section 52.
54. Procedure thereupon.
55. Forest-produce, tools, etc., when liable to confiscation.
56. Disposal, on conclusion of trial for forest-offence, of produce in respect of which it was
committed.
57. Procedure when offender not known, or cannot be found.
58. Procedure as to perishable property seized under section 52.
59. Appeal from orders under section .55, section 56 or section 57.
60. Property when to vest in Government.
61. Saving of power to release property seized.
62. Punishment for wrongful seizure.
63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary-marks.
64. Power to arrest without warrant.
65. Power to release on a bond a person arrested.
66. Power to prevent commission of offence.
67. Power to try offences summarily.
68. Power to compound offences and impose penalties.
69. Presumption that forest-produce belongs to Government.
CHAPTER X
CATTLE-TRESPASS
70. Cattle-trespass Act, 1871, to apply.
71. Power to alter fines fixed under that Act.
CHAPTER XI
OF FOREST-OFFICERS
72. State Government may invest Forest-officers with certain powers.
73. Forest-officers deemed public servants.
74. Indemnity for acts done in good faith.
75. Forest-officers not to trade.
CHAPTER XII
SUBSIDIARY RULES
76. Additional powers to make rules.
-----
SECTIONS
77. Penalties for breach of rules.
78. Rules when to have force of law.
CHAPTER XIII
MISCELLANEOUS
79. Persons bound to assist Forest-officers and police-officers.
80. Management of forests the joint property of Government and other persons.
81. Failure to perform service for which a share in produce of Government forest is enjoyed.
82. Recovery of money due to Government.
83. Lien on forest-produce for such money.
84. Land required under this Act to be deemed to be needed for a public purpose under the
Land Acquisition Act, 1894.
85. Recovery of penalties due under bond.
85A. Saving for rights of Central Government.
86. [Repealed.].
THE SCHEDULE—[Repealed.].
-----
## THE INDIAN FOREST ACT, 1927
ACT NO. 16 OF 1927[1]
[21st September, 1927.]
## An Act to consolidate the law relating to forests, the transit of forest-produce and the duty
leviable on timber and other forest-produce.
WHEREAS it is expedient to consolidate the law relating to forests, the transit of forest-produce and
the duty leviable on timber and other forest-produce;
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Short title and extent.—(1) This Act may be called the Indian Forest Act, 1927.**
2 [(2) It extends to the whole of India except the territories which, immediately before the 1st
November, 1956, were comprised in Part B States.
(3) It applies to the territories which, immediately before the 1st November, 1956, were comprised in
the States of Bihar, Bombay, Coorg, Delhi, Madhya Pradesh, Orissa, Punjab, Uttar Pradesh and West
Bengal; but the Government of any State may by notification in the Official Gazette bring this Act into
force[3] in the whole or any specified part of that State to which this Act extends and where it is not in
force.]
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 1 of Act XVI of 1927.—In section 1 of the Indian Forest Act, 1927 (XVI of**
1927), in its application to the whole of the State of Maharashtra as provided by section 2 (hereinafter
referred to as “the principal Act”),-
(i) to sub-section (2), after the words and letter “Part B States”, the words “other than the
Hyderabad area of the State of Maharashtra” shall be added;
(ii) to sub-section (3), the following proviso shall be added, namely:-
1. This Act has been amended in its application to:—
(1) Madhya Pradesh by Madhya Pradesh Acts 26 of 1950 and 20 of 1954 ;
(2) Uttar Pradesh by U.P. Acts 18 of 1951, 5 of 1956, 21 of 1960, 11 of 1973 and 13 of 1976 ;
(3) Orissa by Orissa Act 25 of 1952, 11 of 1954, 27 of 1959 and 14 of 1972 ;
(4) West Bengal by Bengal Act 11 of 1945, s. 63, West Bengal Acts 14 of 1948 and 14 of 1975 ;
(5) East Punjab by East Punjab Act 7 of 1948 ;
(6) Haryana by Haryana Acts 12 of 1973 and 31 of 1973 ;
(7) Maharashtra by Maharasthra Acts 6 of 1961 and 27 of 1968 ;
(8) Gujarat by Gujarat Act 14 of 1973 ; and
(9) Certain parts of Mysore by Mysore Act 10 of 1958:
2. Subs. by the A.O. (No. 3) 1956, for sub-sections (2) and (3).
3. This Act has been declared to be in` force in the Khondmals District by the Khondmals laws regulations, 1936 (4 of 1936), s. 3 and the
Schedule.; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), and the Schedule. This Act has been extended
in its application to:—
(1) Berar (partially) by the Berar Laws Act, 1941 (4 of 1941);
(2) The Province of Coorg, see Coorg Gazette, 1930, Pt. I, p. 94;
(3) The Delhi Province see Gazette of India, 1933, Pt. II-A, p. 293;
(4) The whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified);
(5) Dadra and Nagar Haveli (w.e.t. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule;
(6) Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and the First Schedule;
(7) Goa, Darman and Diu by Reg. 11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1965); and
(8) the whole of the Union territory of Lakshadweep (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and the Schedule. The Act has
been repealed in its application to Bellary District by Mysore Act 14 of 1955.
(9) Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the
Fifth Schedule (31-10-2019).
-----
“Provided that, on the commencement of the Indian Forest (Maharashtra Unification and
Amendment) Act, 1960 (Mah. VI of 1961), this Act shall be in force in the Hyderabad area of the
State of Maharashtra.”
[Vide Maharashtra Act VI of 1961, s. 3]
**2. Interpretation clause.—In this Act, unless there is anything repugnant in the subject or**
context, —
(1) “cattle” includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies,
mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;
(2) “Forest-officer” means any person whom [1] *** the [2] [State Government] or any officer
empowered by [4]*** the [5][State Government] in this behalf, may appoint to carry out all or any of the
purposes of this Act or to do anything required by this Act or any rule made thereunder to be done by
a Forest-officer;
(3) “forest-offence” means an offence punishable under this Act or under any rule made
thereunder;
(4) “forest-produce” includes—
(a) the following whether found in, or brought from, a forest or not, that is to say:—
timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua
flowers, mahua seeds [3][, kuth] and myrabolams, and
(b) the following when found in, or brought from, a forest, that is to say:—
(i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore
mentioned, of trees,
(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or
produce of such plants,
(iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all
other parts or produce of animals, and
(iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and
all products of mines or quarries);
4[(4A) “owner” includes a Court of Wards in respect of property under the superintendence or charge
of such Court;]
(5) “river” includes any stream, canal, creek or other channels, natural or artificial;
(6) “timber” includes trees when they have fallen or have been felled, and all wood whether cut up or
fashioned or hollowed out for any purpose or not; and
(7) “tree” includes palms, [5]***, stumps, brush-wood and canes.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
(i) Section 2.–for clause (1), the following clauses shall be substituted, namely:–
(1) “authorised officer” means an officer authorized under sub-section (2) of section 52;
(1A) “cattle” include elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies,
mules, asses, pigs, ram, ewes, sheep, lambs, goats and kids;
1. The words “the G.G. in C. or” rep. by the A.O. 1937.
2. Subs. by the A.O. 1950, for “Provincial Government”.
3. Ins. by Act 26 of 1930, s. 2.
4. Ins. by Act 3 of 1933, s. 2.
5. The word “bamboos” omitted by Act 5 of 2018, s. 2 (w.e.f. 23-11-2017).
-----
(1B) “forest based industry” means an industry or unit in which any forest produce is used as
raw material or as a source of energy.
(ii) for clause (4), the following clause shall be substituted, namely:–
(4) “forest-produce” includes—
(a) timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, kuth,
myrobalans, dioscorea, firewood, humus, rasaunt, morels (Morchella spp), Aconitum spp,
Podophyllum spp, Picrorhizaspp, Trillium spp, Nardostachys spp, Taxus spp, Valerianassp,
Rheum spp, wild animals, skins, tusks, horns, bones and all other parts or produce of wild
animals whether found in, or brought from, a forest or not; and
(b) the following when found in, or brought from, a forest, namely:––
(i) trees and leaves, flowers and fruits, roots and all other parts or produce of trees not
specified in clause (a);
(ii) plants not being trees (including grass, bamboos, creepers, reeds and moss and
lichen), and all parts or produce of such plants;
(iii) silk, cocoons, honey and wax; and
(iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and
all products of mines or quarries).
(iii) after clause (5), insert the following clause, namely:
(5A) “saw mill” means any plant and machinery with which and the premises (including the
precincts thereof) in which or in any part of which sawing is carried on with the aid of electrical or
mechanical power.
(iv) after clause (6), insert the following clause, namely:
(6A) “transporter” includes a person, a private agency, a Government Department, Corporation or
any other agency engaged in transport of forest produce whether on his own or on behalf of any other
person;
(v) after clause (7), insert the following clause;
(8) “wild animal” shall have the same meaning as assigned to it in the Wild Life (Protection) Act,
1972.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
## Tripura.—
**Amendment of section 2. —In section 2 of the principal Act,—**
(a) In clause (4)—
(i) in sub-clause (a), for the words “and myrobolams”, the words “myrobolams, gum,
sal seeds, sal leaves, kendu leaves, wild animals, skins, tusks, horns and bones, and all other
parts of produce of wild animals” shall be substituted ;
(ii) in sub-clause (b), in item (iii), the words “Wild animals and skins tusks, horns and
bones” and the words “and all other parts or produce of animals” shall be omitted;
(b) after clause (7), the following clause shall be inserted namely:––
“(8) wild animals shall have same meaning as defined in the Wild Life (Protection) Act, 1972.]
[Vide the Tripura Act 10 of 1984, s. 3]
-----
**Uttar Pradesh**
**Amendment of section 2 of Act no. XVI of 1927.—In section 2 of the Indian Forest Act, 1927,**
hereinafter referred to as the principal Act, for clause (1) the following clause shall be substituted,
namely:—
"(1) "authorised officer" means an officer authorised under sub-section (1) of section 52-A;
(1-A) "cattle" includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies,
mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;"
[Vide Uttar Pradesh Act 1 of 2001, s. 2]
**Uttarakhand**
**Amendment of section 2 of Act no. XVI of 1927.—In section 2 of Indian Forest Act, 1927,**
hereinafter referred to as the principal Act, the following clause shall be inserted, namely:
2-A. “authorised officer” means an officer authorised under sub-section (1) of section 52-A.
[Vide Uttaranchal Act 10 of 2002, s. 2]
**Maharashtra**
**Amendment of section 2 of Act XVI of 1927.—In section 2 of the Indian Forest Act, 1927, in sub-**
clause (4), after the words “tamborni leaves” the words “rosha grass, rauwolfia serpentine” shall be
inserted.
[Vide Bombay Act XVII of 1956, s. 2]
**Amendment of section 2 of Act XVI of 1927.—In section 2 of the Indian Forest Act, 1927**
(hereinafter referred to as “the said Act”), in sub-clause (a) of clause (4), after the word “kuth” the words
“, apta and temburni leaves” shall be inserted.
[Vide Bombay Act XXIV of 1955, s. 2]
**Amendment of section 2 of Act XVI of 1927.—In section 2 of the Indian Forest Act, 1927, in its**
application to the State of Maharashtra, in sub-clause (a) of clause (4), for the words “, rosha grans,
rauwolfia serpentine” the words “rosha grass including oil derived therefrom, ranwolfia serpentine” shall
be substituted.
[Vide Maharashtra Act XXVII of 1968, s. 2]
**Amendment of section 2 of Act XVI of 1927.—In section 2 of the principal act, after clause (4A),**
the following clauses shall be inserted, namely:-
“(4B) “Police Officer” means a Police Officer defined in the Bombay Police Act, 1951;
(4C) ‘Revenue Officer’ means a Revenue Officer as defined in the Bombay Land Revenue Code,
1879, or where that Code is not in force, as defined in a law corresponding to that Code;
[Vide Maharashtra Act VI of 1961, s. 4]
**Insertion of new section 2A in Act XVI of 1927.—After section 2 of the principal Act, the**
following section shall be inserted, namely:-
**“2A. Construction of certain references to Central or Bombay Acts.-In the application of this**
Act to any area of the State of Maharashtra other than the Bombay area thereof, any reference to a
provision of a Central or Bombay Act shall, where no such Act is in force in that area, be construed as
a reference to the provision of the corresponding law, if any, in force in that area.”
[Vide Maharashtra Act VI of 1961, s. 5]
**Maharashtra**
**Amendment of section 2 of Act XVI of 1927.—In section 2 of the Indian Forest Act, 1927, in its**
application to the State of Maharashtra (hereinafter referred to as “the principal Act”), of In clause (4C),
-----
for the words and figures "the Bombay Land Revenue Code, 1879 (Bom. V of 1879), or, where that Code
is not in force, as defined in a law corresponding to that Code;" the words and figures "the Maharashtra
Land Revenue Code, 1966 (Mah. XLI of 1966)" shall be substituted.
[Vide Maharashtra Act VII of 1985, s. 2]
CHAPTER II
OF RESERVED FORESTS
**3. Power to reserve forests.—The [1][State Government] may constitute any forest-land or waste-land**
which is the property of Government, or over which the Government has proprietary rights, or to the
whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the
manner hereinafter provided.
**STATE AMENDMENT**
**Uttar Pradesh**
**Substitution of new section for section 3 of Act XVI of 1927.—For section 3 of the Indian Forest Act,**
1927 (hereinafter called the principal Act), the following shall be substituted namely
**“Powers to reserve forests.—The State Government may constitute any forest land or any other**
land (not being land for the time being comprised in any holding or in any village abadi) which is the
property of Government or over which the Government has proprietary rights, or to the whole or any
part of the forest produce of which the Government is entitled, a reserve forest in the manner
hereinafter provided.
_Explanation- The expression 'holding' shall have the meaning assigned to it in the U.P. Tenancy_
Act, 1939, and the expression 'village abadi' shall have the meaning assigned to it in the U.P. Village
Abadi Act, 1947."
[Vide Uttar Pradesh Act, XXIII of 1965, s. 2]
**4. Notification by [1][State Government].—(1) Whenever it has been decided to constitute any land a**
reserved forest, the [1][State Government] shall issue a notification in the [2][Official Gazette]—
(a) declaring that it has been decided to constitute such land a reserved forest;
(b) specifying, as nearly as possible, the situation and limits of such land; and
(c) appointing an officer (hereinafter called “the Forest Settlement-officer”) to inquire into and
determine the existence, nature and extent of any rights alleged to exist in favour of any person in or
over any land comprised within such limits, or in or over any forest-produce, and to deal with the
same as provided in this Chapter.
_Explanation.—For the purpose of clause (b), it shall be sufficient to describe the limits of the forest_
by roads, rivers, ridges or other well-known or readily intelligible boundaries.
(2) The officer appointed under clause (c) of sub-section (1) shall ordinarily be a person not holding
any forest-office except that of Forest Settlement-officer.
(3) Nothing in this section shall prevent the [1][State Government] from appointing any number of
officers not exceeding three, not more than one of whom shall be a person holding any forest-office
except as aforesaid, to perform the duties of a Forest Settlement-officer under this Act.
**5. Bar of accrual of forest-rights.—After the issue of a notification under section 4, no right shall be**
acquired in or over the land comprised in such notification, except by succession or under a grant or
contract in writing made or entered into by or on behalf of the Government or some person in whom such
right was vested when the notification was issued; and no fresh clearings for cultivation or for any other
purpose shall be made in such land except in accordance with such rules as may be made by the [1][State
Government] in this behalf.
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
-----
**STATE AMENDMENT**
**Uttar Pradesh**
**Substitution of new section for section 5.—For section 5 of the principal Act, the following shall be**
substituted, namely
**“5. Bar of accrual of** **forest rights.—After the issue of a notification under section 4, no right shall**
be acquired in or over the land comprised in such notification, except by succession or under a grant or
contract in writing made or entered into by or on behalf of the Government or some person in whom such
right was vested when the notification was issued; and no fresh clearings for cultivation or for any other
purpose shall be made in such land nor any tree therein felled, girdled, lopped, tapped, or burnt, or its
bark or leaves tripped off, or the same otherwise damaged, nor any forest-produce removed therefrom,
except in accordance with such rules as may be made by the State Government in this behalf."
[Vide Uttar Pradesh Act XXVIII of 1965, s. 3]
**6. Proclamation by Forest Settlement-officer.—When a notification has been issued under**
section 4, the Forest Settlement-officer shall publish in the local vernacular in every town and village in
the neighbourhood of the land comprised therein, a proclamation—
(a) specifying, as nearly as possible, the situation and limits of the proposed forest;
(b) explaining the consequences which, as hereinafter provided, will ensue on the reservation of
such forest; and
(c) fixing a period of not less than three months from the date of such proclamation, and requiring
every person claiming any right mentioned in section 4 or section 5 within such period either to
present to the Forest Settlement-officer a written notice specifying or to appear before him and state,
the nature of such right and the amount and particulars of the compensation (if any) claimed in
respect thereof.
**7. Inquiry by Forest Settlement-officer.—The Forest Settlement-officer shall take down in writing**
all statements made under section 6, and shall at some convenient place inquire into all claims duly
preferred under that section, and the existence of any rights mentioned in section 4 or section 5 and not
claimed under section 6 so far as the same may be ascertainable from the records of Government and the
evidence of any persons likely to be acquainted with the same.
**8. Powers of Forest Settlement-officer.—For the purpose of such inquiry, the Forest Settlement-**
officer may exercise the following powers, that is to say:—
(a) power to enter, by himself or any officer authorised by him for the purpose, upon any land,
and to survey, demarcate and make a map of the same; and
(b) the powers of a Civil Court in the trial of suits.
**9. Extinction of rights.—Rights in respect of which no claim has been preferred under section 6 and**
of the existence of which no knowledge has been acquired by inquiry under section 7, shall be
extinguished, unless, before the notification under section 20 is published, the person claiming them
satisfies the Forest Settlement-officer that he had sufficient cause for not preferring such claim within the
period fixed under section 6.
**10. Treatment of claims relating to practice of shifting cultivation.—(1) In the case of a claim**
relating to the practice of shifting cultivation, the Forest Settlement-officer shall record a statement setting
forth the particulars of the claim and of any local rule or order under which the practice is allowed or
regulated, and submit the statement to the State Government, together with his opinion as to whether the
practice should be permitted or prohibited wholly or in part.
(2) On receipt of the statement and opinion, the [1][State Government] may make an order permitting or
prohibiting the practice wholly or in part.
1. Subs. by the A.O. 1950, for “Provincial Government”.
-----
(3) If such practice is permitted wholly or in part, the Forest Settlement-officer may arrange for its
exercise—
(a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of
a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or
(b) by causing certain portions of the land under settlement to be separately demarcated, and
giving permission to the claimants to practice shifting cultivation therein under such conditions as he
may prescribe.
(4) All arrangements made under sub-section (3) shall be subject to the previous sanction of
the [1][State Government].
(5) The practice of shifting cultivation shall in all cases be deemed a privilege subject to control,
restriction and abolition by the [1][State Government].
**11. Power to acquire land over which right is claimed.—(1) In the case of a claim to a right in or**
over any land, other than a right-of-way or right of pasture, or a right to forest-produce or a watercourse,
the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part.
(2) If such claim is admitted in whole or in part, the Forest Settlement-officer shall either—
(i) exclude such land from the limits of the proposed forest; or
(ii) come to an agreement with the owner thereof for the surrender of his rights; or
(iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894(1 of
1894).
(3) For the purpose of so acquiring such land—
(a) the Forest Settlement-officer shall be deemed to be a Collector proceeding under the Land
Acquisition Act, 1894 (1 of 1894).
(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance
of a notice given under section 9 of that Act;
(c) the provisions of the preceding sections of that Act shall be deemed to have been complied
with; and
(d) the Collector, with the consent of the claimant, or the Court, with the consent of both parties,
may award compensation in land, or partly in land and partly in money.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 11.—In section 11 of the principal Act, after sub-section (3), the following**
new sub-section shall be added, namely
“(4) The provisions of sub-section (3) shall apply also when the Forest Settlement Officer proceeds
to acquire any land in consequence of any order, passed on appeal or revision under this Act.”
[Vide Uttar Pradesh Act XXIII of 1965, s. 4]
**12. Order on claims to rights of pasture or to forest produce.—In the case of a claim to rights of**
pasture or to forest-produce, the Forest Settlement-officer shall pass an order admitting or rejecting the
same in whole or in part.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 12 of Act XVI of 1927.—Section 12 shall be renumbered as sub-section (1)**
of that section, and after the sub-section so renumbered, the following sub-section shall be inserted,
namely :
1. Subs. by the A.O. 1950, for “Provincial Government”.
-----
“(2) A copy of the order passed under sub-section (1) shall be furnished to the claimant by the
Forest Settlement Officer, and another copy of that order shall be forwarded to the Forest Officer who
attended the inquiry, or if no such Officer attended, to the Divisional Forest Officer.”.
[Vide Maharashtra Act VI of 1961, s. 6]
**13. Record to be made by Forest Settlement-officer.—The Forest Settlement-officer, when passing**
any order under section 12, shall record, so far as may be practicable,—
(a) the name, father’s name, caste, residence and occupation of the person claiming the right; and
(b) the designation, position and area of all fields or groups of fields (if any), and the designation
and position of all buildings (if any) in respect of which the exercise of such rights is claimed.
**14. Record where he admits claim.—If the Forest Settlement-officer admits in whole or in part any**
claim under section 12, he shall also record the extent to which the claim is so admitted, specifying the
number and description of the cattle which the claimant is from time to time entitled to graze in the forest,
the season during which such pasture is permitted, the quantity of timber and other forest-produce which
he is from time to time authorised to take or receive, and such other particulars at; the case may require.
He shall also record whether the timber or other forest-produce obtained by the exercise of the rights
claimed may be sold or bartered.
**15. Exercise of rights admitted.—(1) After making such record the Forest Settlement-officer shall,**
to the best of his ability, and having due regard to the maintenance of the reserved forest in respect of
which the claim is made, pass such orders as will ensure the continued exercise of the rights so admitted.
(2) For this purpose the Forest Settlement-officer may—
(a) set out some other forest-tract of sufficient extent, and in a locality reasonably convenient, for
the purposes of such claimants, and record an order conferring upon them a right of pasture or to
forest-produce (as the case may be) to the extent so admitted; or
(b) so alter the limits of the proposed forest as to exclude forest-land of sufficient extent, and in a
locality reasonably convenient, for the purposes of the claimants; or
(c) record an order, continuing to such claimants a right of pasture or to forest-produce, as the
case may be, to the extent so admitted, at such seasons, within such portions of the proposed forest,
and under such rules, as may be made in this behalf by the [1][State Government].
**16. Commutation of rights.—In case the Forest Settlement-officer finds it impossible, having due**
regard to the maintenance of the reserved forest, to make such settlement under section 15 as shall ensure
the continued exercise of the said rights to the extent so admitted, he shall, subject to such rules as
the [1][State Government] may make in this behalf, commute such rights, by the payment to such persons
of a sum of money in lieu thereof, or by the grant of land, or in such other manner as he thinks fit.
**17. Appeal from order passed under section 11, section 12, section 15 or section 16.—Any person**
who has made a claim under this Act, or any Forest-officer or other person generally or specially
empowered by the [1][State Government] in this behalf, may, within three months from the date of the
order passed on such claim by the Forest Settlement-officer under section 11, section 12, section 15 or
section 16, present an appeal from such order to such officer of the Revenue Department, of rank not
lower than that of a Collector, as the [1][State Government] may, by notification in the [2][Official Gazette],
appoint to hear appeals from such orders:
Provided that the [1][State Government] may establish a Court (hereinafter called the Forest Court)
composed of three persons to be appointed by the State Government, and, when the Forest Court has been
so established, all such appeals shall be presented to it.
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
-----
**STATE AMENDMENT**
**Uttar Pradesh**
**Substitution of new section for section 17.—For section 17 of the principal Act, the following shall**
be substituted, namely—
“Appeal from order passed under section 11, section 12, section 15 or section 16.—Any
person who has made a claim under this Act, or any Forest Officer or other person generally or
specially empowered by the State Government in this behalf may, within three months from the date
of the order passed on such claim by the Forest Settlement Officer under section 11, section 12,
section 15 or section 16, present an appeal from such order to the District Judge.
_Explanation- In this section and in the succeeding sections of this Chapter. 'District Judge' means_
the District Judge of the district in which the land is situate, and includes an Additional Districts
Judge to whom an appeal is transferred by the District Judge."
[Vide Uttar Pradesh Act XXIII of 1965, s. 5]
**18. Appeal under section 17.—(1) Every appeal under section 17 shall be made by petition in**
writing, and may be delivered to the Forest Settlement-officer, who shall forward it without delay to the
authority competent to hear the same.
(2) If the appeal be to an officer appointed under section 17, it shall be heard in the manner prescribed
for the time being for the hearing of appeals in matters relating to land-revenue.
(3) If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the
neighbourhood of the proposed forest for hearing the appeal, and shall give notice thereof to the parties
and shall hear such appeal accordingly.
(4) The order passed on the appeal by such officer or Court, or by the majority of the members of
such Court, as the case may be, shall, subject only to revision by the [1][State Government], be final.
**STATE AMENDMENT**
**Uttar Pradesh**
**Substitution of new section for section 18.—For section 18 of the principal Act, the following shall**
be substituted, namely—
**“18. Appeal under section 17. —(1)** Every appeal under section 17 shall be made by or in
writing and may be delivered to the Forest Settlement Officer, who shall forward it without delay to
the District Judge.
(2) The District Judge may, after giving to the parties an opportunity of being heard, confirm, set
aside or modify the order under appeal or remand the case to the Forest Settlement Officer with such
direction as he thinks fit.
(3) During the pendency of the appeal the District Judge may, for sufficient cause, stay, on such
terms, if any, as he thinks fit, the operation of the order appealed from and pass any incidental or
consequential order.
(4) The order passed on the appeal shall, subject to the provisions of section 22, be final.”
[Vide Uttar Pradesh Act XXIII of 1965, s. 6]
**19. Pleaders.—The** [1][State Government], or any person who has made a claim under this Act, may
appoint any person to appear, plead and act on its or his behalf before the Forest Settlement-officer, or the
appellate officer or Court, in the course of any inquiry or appeal under this Act.
1. Subs. by the A.O. 1950, for “Provincial Government”.
-----
**STATE AMENDMENT**
**Uttar Pradesh**
**Substitution of new section for section 19.—For section 19 of the principal Act, the following**
shall be substituted, namely—
“19. Pleaders.—The State Government, or any person who has made a claim under this Act,
may appoint any person to appear, plead and act on its or his behalf before the Forest Settlement
Officer or the District Judge in the course of any inquiry or appeal under this Act."
[Vide Uttar Pradesh Act XXIII of 1965, s. 7]
**20. Notification declaring forest reserved.—(1) When the following events have occurred,**
namely:—
(a) the period fixed under section 6 for preferring claims has elapsed, and all claims, if any, made
under that section or section 9 have been disposed of by the Forest Settlement-officer;
(b) if any such claims have been made, the period limited by section 17 for appealing from the
orders passed on such claims has elapsed, and all appeals (if any) presented within such period have
been disposed of by the appellate officer or Court; and
(c) all lands (if any) to be included in the proposed forest, which the Forest Settlement-officer
has, under section 11 elected to acquire under the Land Acquisition Act, 1894 (1 of 1894), have
become vested in the Government under section 16 of that Act.
the [1][State Government] shall publish a notification in the [2][Official Gazette], specifying definitely,
according to boundary-marks erected or otherwise, the limits of the forest which is to be reserved, and
declaring the same to be reserved from a date fixed by the notification.
(2) From the date so fixed such forest shall be deemed to be a reserved forest.
**STATE AMENDMENTS**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 20A.– After section 20, insert the following section–**
**20A. Demarcated forests deemed to be reserved forests.– (1) Notwithstanding anything contained in this**
Act or any other law for the time being in force, any forest which has been notified as a demarcated forest
under the erstwhile Jammu and Kashmir Forest Act, 1987 (1930 A.D.), prior to the appointed day notified
under the Jammu and Kashmir Reorganization Act, 2019 (34 of 2019), shall be deemed to be a reserved forest
under this Act.
(2) All questions decided, orders issued and records prepared in connection with the constitution of such
forest as demarcated forests shall be deemed to have been decided, issued and prepared under this Act, and the
provisions of this Act relating to reserved forests shall apply to forest to which the provision of sub-section (1)
are applicable.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No.
S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws)
Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Orissa**
**Insertion of new section after section 20, (16 of 1927).—After section 20 of the Indian Forest Act, 1927**
(16 of 1927) (hereinafter referred to as the said Act), the following new section shall be inserted, namely:—
**20-A. Forest land or waste land deemed to be reserved forests.—(1) Notwithstanding anything**
contained in this Act or in any other law for the time being in force, any forest land or waste land in the
merged territories, which had been recognized by the Ruler or any merged State immediately before the date of
merger as a reserved forest in pursuance or any law, custom, rule, regulation, order or notification for the time
being in force or which has been dealt with as such in any administration report or in accordance with any
working plan, or register maintained and acted upon immediately before the said date and has been
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
-----
continued to be so dealt with thereafter, shall be deemed to be reserved forests for the purposes of this
Act.
(2) In the absence of any rule, order or notification under this Act, application to the area in question
any law, custom, rule, regulation, order or notification mentioned in sub-section (1) shall, anything in law
to the contrary notwithstanding, be deemed to be validly in force as if he same had the force and effect of
rules, orders and notifications made under the provisions of this Act and shall continue to so remain in
force until superseded, altered or modified in accordance therewith.
(3) No report working plan, or register as aforesaid or any entry therein shall be questioned in any
court of law; provided that the State Government have duly certified that such report, working plan, or
register had been prepared under the authority of the said Ruler before the date of the merger and has
been under the authority of the State Government continued to be recognized, maintained or acted upon
thereafter.
(4) Forests recognized in the merged territories as khesra forests, village forests or protected forests,
or forests other than reserved forests, by whatever name designed or locally known, shall be deemed to be
protected forests within the meaning of this Act and provisions of sub-sections (2) and (3) shall mutatis
mutandis apply.
Explanation I- “Working plan” includes any plan, scheme, project, maps, drawings and lay-outs
prepared for the purpose of carrying out the operations in course of the working and management of
forests.
Explanation II- “Ruler” includes the Darbar administration prior to the date of the merger and “State
Government” includes the successor Government after the said date.”.
[Vide the Orissa Act 11 of 1954, s. 2]
**Uttar Pradesh**
**Amendment of section 20.—For clause (b) of sub-section (1) of section 20 of the principal Act, the**
following shall be substituted, namely—
"(b) if any such claims have been made, the period limited by section 17 for appealing from the
orders passed on such claims has elapsed, and all appeals (if any) presented within such period have
been disposed of by the District Judge; and".
[Vide Uttar Pradesh Act XXIII of 1965, s. 8]
**Addition of new section 20-A— After section 20 of the principal Act, the following new section**
shall be added, namely:
**“20-A.** **Certain forest land or waste land when deemed to be reserved forest.—(1)**
Notwithstanding anything contained in this Act or in any other law for the time being in force,
including the Merged States (Laws) Act, 1949 or the U.P. Merged States (Application of Laws) Act,
1950, or any order issued thereunder, any forest land or waste land in a merged State which
immediately before the date of merger (hereinafter in this section referred to as the said date),
(a) awas deemed to be a reserved forest under any enactment in force in that State, or
(b) was recognized or declared by the Ruler of such State as reserved forest under any law
(including any enactment, rule, regulation, order, notification, custom or usage having the force
of law) for the time being in force, or
(c) was dealt with as a reserved forest in any administrative report or in accordance with any
working plan or register maintained and acted upon under the authority of the Ruler,
shall be deemed to be and since the said date to have continued to be a reserved forest subject to
the same rights or concession, if any, in favour of any person as were in force immediately before
the said date.
-----
**_Explanation I- A certificate of the State Government or of any officer authorised in this behalf to_**
the effect that a report, working plan or register was maintained and acted upon under the authority of
the Ruler shall be conclusive evidence of the fact that it was so maintained and acted upon.
**_Explanation II- Any question as to the existence or extent of any right or concession referred to_**
in this sub-section shall be determined by the State Government, whose decision, given after such
enquiry, if any as it thinks fit shall be final.
**_Explanation_** **III-** 'Working plan' includes any plan, scheme, project, map, drawings and layouts
prepared, for the purpose of carrying out the operations in the course of the working and management
of forests.
(2) No right shall be deemed to have been acquired on or after the said date in or over any land
mentioned in sub-section(I) except by succession or under a grant or contract in writing made or
entered into by or on behalf of the State Government or some person in whom such rights was vested
immediately before the said date and no fresh clearings since made for cultivation or for any other
purpose (except clearings made in accordance with any concessions granted by the Ruler and in force
immediately before the said date or in accordance with the rules made by the State Government in
this behalf since the said date) shall be recognized as or deemed to be lawful, anything contained in
this Act or any other law for the time being in force notwithstanding.
(3) The State Government may within five years from the commencement of the Indian Forest
(Uttar Pradesh Amendment) Act, 1965, revise any arrangement of the nature specified in section 22,
and pass any incidental or consequential order, including any direction to the effect that any of the
proceedings specified in the foregoing provisions of this Chapter be taken.
(4) In relation to any land mentioned in sub-section (1), the references in sections 24 and 26
(a) to section 23 shall be construed as references to sub-section (2) ; and
(b) to rights admitted, recorded or continued under section 14 or section 15 shall be construed
as references to rights of pasture or to forest produce admitted, recorded or continued in or under
the corresponding enactment, law or documents referred to in sub-section (1).
(5) Without prejudice to any action that may be or may have been taken for ejectment, vacation of
encroachment or recovery of damages in respect of any unauthorised occupation of or trespass over
any land mentioned in sub-section (1), or for seizure, confiscation, disposal or release (on payment of
value or otherwise) of any forest produce in respect of which any forest offence has been committed
in relation to such land or of any tools, boats, carts, or cattle used in committing such offence, nothing
in this section shall be deemed to authorize the conviction of any person for any act done before the
commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, which was not an
offence before such commencement."
[Vide Uttar Pradesh Act XXIII of 1965,s. 9]
**21. Publication of translation of such notification in neighbourhood of forest.—The Forest-officer**
shall, before the date fixed by such notification, cause a translation thereof into the local vernacular to be
published in every town and village in the neighbourhood of the forest.
**22. Power to revise arrangement made under section 15 or section 18.—The [1][State Government]**
may, within five years from the publication of any notification under section 20 revise any arrangement
made under section 15 or section 18, and may for this purpose rescind or modify any order made under
section 15 or section 18, and direct that any one of the proceedings, specified in section 15 be taken in
lieu of any other of such proceedings, or that the rights admitted under section 12 be commuted under
section 16.
1. Subs. by the A.O. 1950, for “Provincial Government”.
-----
**STATE AMENDMENT**
**Uttar Pradesh**
**Insertion of a new section 22-A in Act 16 of 1927.—After Section 22 as amended in its application**
to Uttar Pradesh, hereinafter referred to as the principal Act, the following section shall be inserted and
shall be deemed to have been inserted with effect from November 23, 1960, namely: —
"22-A. Power of revision in other cases.—(1) Without prejudice to the provisions of section 22,
the State Government may, either of its own motion or on a petition being made in that behalf, call
for the record of any appeal decided under section 18, and may confirm the order passed on such
appeal, or set it aside, or modify it, or remand the case to the Forest Settlement officer with such
directions as it may think fit.
(2) No petition under this section may be made, after November 22, 1965, and the State Government
may not exercise any power under this section, after the said date."
[Vide Uttar Pradesh Act 11 of 1973, s. 2]
**Substitution of new section for section 22.—For section 22 of the principal Act, the following shall be**
substituted, namely
**''22. Powers to revise arrangements made under section 15 or section 18.—The State**
Government may, within five years from the publication of any notification under section 20, revise any
arrangement made under section 15 or on appeal under section 18. and may for this purpose rescind or
modify any order made under section 15 or section 18, and direct that any of the proceedings specified in
section 15 be taken in lieu of any other of such proceedings, or that the rights admitted under section 12 be
commuted under section 16.''
[Vide Uttar Pradesh Act XXIII of 1965,s. 10]
**23. No right acquired over reserved forest, except as here provided.—No right of any description shall**
be acquired in or over a reserved forest except by succession or under a grant or contract in writing made by or
on behalf of the [1][Government] or some person in whom such right was vested when the notification under
section 20 was issued.
**24. Rights not to be alienated without sanction.—(1) Notwithstanding anything contained in section 23,**
no right continued under clause (c) of sub-section (2) of section 15 shall be alienated by way of grant, sale,
lease, mortgage or otherwise, without the sanction of the [1][State Government]:
Provided that, when any such right is appendant to any land or house, it may be sold or otherwise alienated
with such land or house.
(2) No timber or other forest-produce obtained in exercise of any such right shall be sold or bartered
except to such extent as may have been admitted in the order recorded under section 14.
**25. Power to stop ways and watercourses in reserved forests.—The Forest-officer may, with the**
previous sanction of the [1][State Government] or of any officer duly authorised by it in this behalf, stop any
public or private way or water-course in a reserved forest, provided that a substitute for the way or watercourse so stopped, which the [1][State Government] deems to be reasonably convenient, already exists, or has
been provided or constructed by the Forest-officer in lieu thereof.
**26. Acts prohibited in such forests.—(1) Any person who—**
(a) makes any fresh clearing prohibited by section 5, or
(b) sets fire to a reserved forest, or, in contravention of any rules made by the 1[State Government] in
this behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest;
or who, in a reserved forest—
1. Subs. the A.O. 1950, for “Crown”.
-----
(c) kindles, keeps or carries any fire except at such seasons as the Forest-officer may notify in this
behalf;
1[* * * *]
(f) fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from, or otherwise
damages, the same;
(g) quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or
removes, any forest-produce;
(h) clears or breaks up any land for cultivation or any other purpose;
(i) in contravention of any rules made in this behalf by the [2][State Government] hunts, shoots, fishes,
poisons water or sets traps or snares; or
(j) in any area in which the Elephants’ Preservation Act, 1879 (6 of 1879), is not in force, kills or
catches elephants in contravention of any rules so made;
shall be punishable with imprisonment for a term which may extend to six months, or with fine which
may extend to five hundred rupees, or with both, in addition to such compensation for damage done to the
forest as the convicting Court may direct to be paid.
3[(1A) Any person who, in a reserved forest—
(a) trespasses or pastures cattle, or permits cattle to trespass shall be liable to penalty which may
extend to five hundred rupees, in addition to such compensation for damage done to the forest as
determined by a Forest-officer empowered under section 68;
(b) causes any damage by negligence in felling any tree or cutting or dragging any timber shall be
liable to penalty which may extend to five thousand rupees, in addition to such compensation for
damage done to the forest as determined by a Forest-officer empowered under section 68.]
(2) Nothing in this section shall be deemed to prohibit—
(a) any act done by permission in writing of the Forest-officer, or under any rule made by
the [2][State Government]; or
(b) the exercise of any right continued under clause (c) of sub-section (2) of section 15, or created
by grant or contract in writing made by or on behalf of the Government under section 23.
(3) Whenever fire is caused wilfully or by gross negligence in a reserved forest,
the [2][State Government] may (notwithstanding that any penalty has been inflicted under this section)
direct that in such forest or any portion thereof the exercise of all rights of pasture or to forest-produce
shall be suspended for such period as it thinks fit.
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 26 of Act 16 of 1927.—In section 26 of the Indian Forest Act, 1927, in its**
application to the State of Maharashtra (hereinafter referred to as “the principal Act”),—
(a) in sub-section (1),—
(i) for the words “two thousand rupees” the words “five thousand rupees” shall be
substituted;
(ii) the following proviso shall be added, namely:—
“Provided that, in cases where the forest-offence is committed after sunset and before sunrise,
or after preparation for resistance to lawful authority, or where the offender has been previously
1. Clause (d) and (e) omitted by Act 18 of 2023, s. 2 and Schedule (w.e.f. 15-11-2023).
2. Subs. by the A.O. 1950, for “Provincial Government”.
3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 15-11-2023).
-----
convicted for any forest-offence the punishment may extend to double the punishment mentioned
in this sub-section.”;
(b) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) (a) The Forest-officer may evict form a reserved forest or from any land in a reserved forest
any person who, in such forest, trespasses or pastures cattle, or permits cattle to trespass, or clears or
breaks up such land for cultivation or for any other purpose, and may demolish any building erected
or construction made by such person on such land.
(b) Any agricultural or other crops grown, or any building erected or any construction made, by
any person on any land in a reserved forest shall be liable to confiscation by an order of
the Divisional Forest-officer.
(c) The provisions of this sub-section shall have effect notwithstanding any punishment inflicted
under sub-section (1):
Provided that, nothing in the above sub-section shall adversely affect the forest rights conferred
on the forest dwelling Schedule Tribes and other traditional forest dwellers under the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007)
and the ownership rights of Gram Sabha over the minor forest-produce under the Provisions of the
Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996).”;
(c) for sub-section (4), the following sub-sections shall be substituted, namely:—
“(4) Any person who causes resistance or hurt to deter public servants or employees engaged on their
behalf from discharging their duties under sub-section (1-A) shall, on convicted, be punished with
imprisonment for a term which shall not be less than one year but may extend to six years and also with
fine which shall not be less than one thousand rupees.
(5) No civil court shall have any jurisdiction in any matter provided for by sub-section (1-A).”.
[Vide Maharashtra Act 21 of 2015, s. 2].
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 26.-In sub-section (1) —**
(i) in clause (e), substitute the word “dragging” with the words “dragging or removing”;
(ii) in clause (f), substitute the words “the same” with the words “the same or any forest produce”;
(iii) for clause (h), substitute the following clause, namely:––
(h) clears or breaks up any land or erects a fence, enclosure or any structure for cultivation or
cultivates or attempts to cultivate any land in any other manner in any reserved forest, or for any
other purpose;
(iv) in the long line, for the words “six months, or with fine which may extend to five hundred
rupees,” substitute the words “two years, or with fine which may extend to twenty five thousand
rupees.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No.
S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Uttar Pradesh**
**Amendment of section 26—In section 26 of the principal Act, in sub-section (1),—**
(i) in clause (b) after the words "reserved forest" the words "or to a forest in the land in respect of
which a notification under section 4 has been issued" shall be inserted;
-----
(ii) in clause (e) for the word "dragging" the word "removing" shall be substituted;
(iii) in clause (f) after the words "the same" the words "or any forest produce" shall be inserted;
(iv) for the words "shall be punishable with imprisonment for a term which may extend to six
months, or with fine which may extend to five hundred rupees, or with both," the words "shall, for an
act under clause (b) or clause (f) or clause (g) or clause (h), be punishable with imprisonment for a
term which may extend to two years, or with fine which may extend to five thousand rupees, or with
both, and on the second and every subsequent conviction for the same offence, with imprisonment for
a term which may extend to two years, or with fine which may extend to twenty thousand rupees but
which shall not be less than five thousand rupees, or with both and for an act under any of the other
clauses, be punishable with imprisonment for a term which may extend to six months or with fine
which may extend to one thousand rupees, or with both, and on the second and every subsequent
conviction for the same offence, with imprisonment which may extend to six months, or with fine
which may extend to two thousand rupees, or with both," shall be substituted.]
[Vide Uttar Pradesh Act, 1 of 2001, s. 3]
**Amendment of section 26.—In sub-section (1) of section 26 of the principal Act, or clause (a), the**
following shall be substituted, namely
''(a) makes any fresh clearing or does any other act prohibited by section 5, or''
[Vide Uttar Pradesh Act XXIII of 1965, s. 11]
**Uttarakhand**
**Amendment of section 26.—In section 26 the principal Act, in sub-section (1) –**
In sub-section (1)—
(i) in clause (b) after the words "reserved forest" the words or "to a forest in the land in respect of
which a notification under Section 4 has been issued" shall be inserted;
(ii) in clause (e) for the word "dragging" the word "removing" shall be substituted;
(iii) in clause (f) after the words "the same" the words "or any forest produce" shall be inserted;
(iv) for the words "shall be punishable with imprisonment for a term which may extend to six
months, or with fine which may extend to five hundred rupees, or with both," the words "shall, for an
Act described under clause (b) or clause (f) or clause (g) or clause (h), be punishable with
imprisonment for a term which may extend to two years, or with fine which may extend to five
thousand rupees, or with both and on the second and every subsequent conviction for the same
offence, with imprisonment for a term which may extend to two years, or with fine which may extend
to twenty thousand rupees but which shall not be less than five thousand rupees, or with both, and for
an Act described under any of the other clauses, be punishable with imprisonment for a term which
may extend to six months or with fine which may extend to one thousand rupees, or with both, and on
the second and every subsequent conviction for the same offence, with imprisonment which may
extend to six months, or with fine which may extend to two thousand rupees, or with both," shall be
substituted.
[Vide Uttarakhand Act 10 of 2002, s. 3]
**Maharashtra**
**Amendment of section 26 of Act XVI of 1927.—In section 26 of the principal Act,--**
(i) in sub-section (1), for the words beginning with the brackets and letter “(b)” and ending with
the words “ or who, in a reserved forest” the following shall be substituted, namely :
“(b) set fire to a reserved forest to a proposed forest in land in respect of which a notification
declaring the decision of the State Government to constitute it a reserved forest has been issued under
section 4, or in contravention of any rule made by the State Government in this behalf, kindless in
-----
such forest any fire or leaves any fire or burning, in such manner as to endanger such a forest; or who,
in a reserved forest or a proposed forest in land notified as aforesaid under section 4;”;
(ii) after sub-Section (3), the following sub-section shall be inserted namely:
“(4) Where a person is convicted under clause (d) or (h) of sub-section (1),
(a) a Forest Officer not below the rank of a Ranger, or
(b) a Police Officer not below the rank of a Sub-Inspector, or
(c) a Revenue Officer not below the rank of a Mahalkari or Tahsildar,
may evict him from the forest or land in relation to which he has committed the offence.”.
[Vide Maharashtra act VI of 1961, s. 7]
**Maharashtra**
**Amendment of section 26 of Act XVI of 1927.—In section 26 of the principal Act, in sub-section (1) for**
the words “six months or with fine which may extend to five hundred rupees” the words “one year or with
fine which may extend to two thousand rupees,”
[Vide Maharashtra Act VII of 1985, s. 3]
**Haryana**
**Substituted of section 26 of Central Act 16 f 1927.—In sub-section (1)** of section 26 of the Indian
Forest Act, 1927 (hereinafter referred to as the principal Act), for the words "which may extend to six
months, or with fine which may extend to five hundred rupees", the words "which may extend to one
year, or with fine which may extend to one thousand rupees' shall be substituted.
[Vide Haryana Act 31 of 1973, s. 2]
**Bihar**
**Amendment of sub-section (1) of Section 26 of Act XVI, 1927. - In subsection (1) of Section 26 of the**
Indian Forest Act, 1927 (XVI of 1927) (hereinafter referred to as the said Act) for the words "shall be
punishable with imprisonment for a term which may extend to six months, or with fine which may extend
to five hundred rupees, or with both, in addition to such compensation for damage done to the forest as
the Convicting Court may direct to be paid" the following words shall be substituted; namely:
"Shall be punishable with imprisonment for a minimum term of six months which may extend to two
_years or with minimum fine of one thousand rupees which may extend to five thousand rupees or_
with both in addition to such compensation as the Convicting Court may direct to be paid. The
offence under this Section shall be cognizable and non-bailable."
[Vide Bihar Act 9 of 1990, s. 2]
**27. Power to declare forest no longer reserved.—(1) The** [1][State Government] may, [2]*** by
notification in the [3][Official Gazette], direct that, from a date fixed by such notification, any forest or any
portion thereof reserved under this Act shall cease to be a reserved forest.
(2) From the date so fixed, such forest or portion shall cease to be reserved; but the rights (if any)
which have been extinguished therein shall not revive in consequence of such cessation.
**STATE AMENDMENTS**
**Uttar Pradesh**
**Addition of new section 27-A.—In Chapter II of the principal Act, after section 27, the**
following new section shall be added, namely
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. The words “subject to the control of the G.G. in C.” rep. by the A.O. 1937
3. Subs., ibid, for “Local Official Gazette”.
-----
“27-A. Finality of orders etc.—No act done, order made or certificate issued in exercise of
any power conferred by or under this Chapter shall, except as hereinbefore provided, be called in
question in any Court.''
[Vide Uttar Pradesh Act XXIII of 1965, s. 12]
CHAPTER III
OF VILLAGE-FORESTS
**28. Formation of village-forests.—(1) The** 1[State Government] may assign to any
village-community the rights of Government to or over any land which has been constituted a reserved
forest, and may cancel such assignment. All forests so assigned shall be called village-forests.
(2) The [1][State Government] may make rules for regulating the management of village-forests,
prescribing the conditions under which the community to which any such assignment is made may be
provided with timber or other forest-produce or pasture, and their duties for the protection and
improvement of such forest.
(3) All the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent
with the rules so made) apply to village-forests.
**STATE AMENDMENTS**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 28.-**
(i) in sub-section (1), for the word “reserved forest”, substitute the words “reserved forest or declared
a protected forest or is a land which has been entered in settlement records as khalsa land”;
(ii) in sub-section (3) after the words “reserved forests”, insert the words “or protected forests, as the
case may be”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020). and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Uttar Pradesh**
**Amendment of section 28 of Act XVI of 1927—In section 28 of the Indian Forest Act, 1927 as**
amended in its application to Uttar Pradesh (Hereinafter called the principal Act):
(1) in sub-section (1)
(i) between the word “Forest” and the comma, the following shall be inserted:
“or declared a protected forest or is a forest belonging to the Government.”
(ii) for the full stop occurring at the end, a comma shall be substituted and thereafter the
following words and full stop shall be added:
“and, subject to the rules made under sub-section (2) all the provisions of this Act relating to
reserved forests, protected forests, or forests belonging to the Government, shall, as the case may be,
apply to them.”
(2) sub-section (3) shall be deleted.
[Vide Uttar Pradesh Act XXI of 1960, s. 2]
**Maharashtra**
**Amendment of section 28 of Act XVI of 1927.—In section 28 of the said Act, --**
(1) in sub-section (1), after the word “village community” the words and figures “village
panchayat established under the Bombay Village Panchayats Act, 1933 (Bom. VI of 1933), or co
-----
operative society registered or deemed to be registered under the Bombay Co-operative Societies act,
1925 (Bom. VII of 1925),” shall be inserted;
(2) in sub-section (2), after the word “community” the words “,panchayat or society” shall be
inserted.
[Vide Bombay Act XXIV of 1955, s. 3]
**Maharashtra**
**Amendment of section 28 of Act XVI of 1927.—In section 28 of the principal Act,--**
(a) for the words and figures “the Bombay Village Panchayats Act, 1933 (Bom. VI of 1933),” the
words and figures “the Bombay Village Panchayats Act, 1958 (Bom. III of 1959),” shall be substituted.
(b) For the words and figures “the Bombay Co-operative Societies Act, 1925 (Bom. VII of 1925),”
the words and figures “the Maharashtra Societies Act, 1960 (Mah. XXIV of 1961),” shall be substituted.
[Vide Maharashtra Act VII of 1985, s. 4]
CHAPTER IV
OF PROTECTED FORESTS
**29. Protected forests.—(1) The [1][State Government] may, by notification in the [2][Official Gazette],**
declare the provisions of this Chapter applicable to any forest-land or waste-land which is not included in
a reserved forest, but which is the property of Government, or over which the Government has proprietary
rights, or to the whole or any part of the forests produce of which the Government is entitled.
(2) The forest-land and waste-lands comprised in any such notification shall be called a “protected
forests”.
(3) No such notification shall be made unless the nature and extent of the rights of Government and of
private persons in or over the forest-land or waste-land comprised therein have been inquired into and
recorded at a survey or settlement, or in such other manner as the [1][State Government] thinks sufficient.
Every such record shall be presumed to be correct until the contrary is proved:
Provided that, if, in the case of any forest-land or waste-land, the [1][State Government] thinks that
such inquiry and record are necessary, but that they will occupy such length of time as in the mean time to
endanger the rights of Government, the [1][State Government] may, pending such inquiry and record,
declare such land to be a protected forest, but so as not to abridge or affect any existing rights of
individuals or communities.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 29A.- After section 29, insert the following section–**
**29A.** **Undemarcated forests deemed to be protected forests.- (1) Notwithstanding anything**
contained in this Act or any other law for the time being in force, any undemarcated forest (which
means and includes all forest land other than demarcated forest which is the property of the
Government of Union territory of Jammu and Kashmir and is not appropriated for any specific
purpose and includes all the undemarcated and berun line forest vested in the Forest Department
under the provisions of section 48 of the Jammu and Kashmir Village Panchayat Act, 1958 or any
other law for the time being in force), prior to the appointed day notified under the Jammu and
Kashmir Reorganization Act, 2019, shall be deemed to be a protected forest under this Act.
(2) All questions decided, orders issued and records prepared in connection with the constitution of
such forest as undemarcated forests shall be deemed to have been decided, issued and prepared under this
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
-----
Act, and the provisions of this Act relating to protected forests shall apply to forest to which the provision
of sub-section (1) are applicable.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
**30. Power to issue notification reserving trees, etc.—The [1][State Government] may, by notification**
in the [2][Official Gazette],—
(a) declare any trees or class of trees in a protected forests to be reserved from a date fixed by the
notification;
(b) declare that any portion of such forest specified in the notification shall be closed for such
term, not exceeding thirty years, as the [1][State Government] thinks fit, and that the rights of private
persons, if any, over such portion shall be suspended during such term, provided that the remainder of
such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the rights
suspended in the portion so closed; or
(c) prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or
charcoal, or the collection or subjection to any manufacturing process, or removal of, any forestproduce in any such forest, and the breaking up or clearing for cultivation, for building, for herding
cattle or for any other purpose, of any land in any such forest.
**31. Publication of translation of such notification in neighbourhood.—The Collector shall cause a**
translation into the local vernacular of every notification issued under section 30 to be affixed in a
conspicuous place in every town and village in the neighbourhood of the forests comprised in the
notification.
**32. Power to make rules for protected forests.—The** [1][State Government] may make rules to
regulate the following matters, namely:—
(a) the cutting, sawing, conversion and removal of trees and timber, and the collection,
manufacture and removal of forest-produce, from protected forests;
(b) the granting of licenses to the inhabitants of towns and villages in the vicinity of protected
forests to take trees, timber or other forest-produce for their own use, and the production and return of
such licenses by such persons;
(c) the granting of licenses to persons felling or removing trees or timber or other forest-produce
from such forests for the purposes of trade, and the production and return of such licenses by such
persons;
(d) the payments, if any, to be made by the persons mentioned in clauses (b) and (c) for
permission to cut such trees, or to collect and remove such timber or other forest-produce;
(e) the other payments, if any, to be made by them in respect of such trees, timber and produce,
and the places where such payment shall be made;
(f) the examination of forest-produce passing out of such forests;
(g) the clearing and breaking up of land for cultivation or other purposes in such forests;
(h) the protection from fire of timber laying in such forests and of trees reserved under section 30;
(i) the cutting of grass and pasturing of cattle in such forests;
(j) hunting, shooting, fishing, poisoning water and setting traps or snares in such forests, and the
killing or catching of elephants in such forests in areas in which the Elephants Preservation Act, 1879
(6 of 1879), is not in force;
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
-----
(k) the protection and management of any portion of a forest closed under section 30; and
(l) the exercise of rights referred to in section 29.
**33. Penalties for acts in contravention of notification under section 30 or of rules under**
**section 32.—(1) Any person who commits any of the following offences, namely:—**
(a) fells, girdles, lops, taps or burns any tree reserved under section 30, or strips off the bark or
leaves from, or otherwise damages, any such tree;
(b) contrary to any prohibition under section 30, quarries any stone, or burns any lime or
charcoal, or collects, subjects to any manufacturing process, or removes any forest-produce;
(c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any other
purpose any land in any protected forest;
(d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its
spreading to any tree reserved under section 30, whether standing, fallen or felled, or to any closed
portion of such forest;
1[* * * * *]
(h) infringes any rule made under section 32;
shall be punishable with imprisonment for a term which may extend to six months or with fine which
may extend to five hundred rupees, or with both.
2[(1A) Any person who in a protected forest—
(a) leaves burning any fire kindled by him in the vicinity of any tree reserved under
section 30, whether standing, fallen or felled, or closed portion of any protected forest;
(b) fells any tree or drags any timber so as to damage any tree reserved as aforesaid,
shall be liable to penalty which may extend to five thousand rupees in addition to such
compensation for damage done to the forest as determined by a Forest-officer empowered under
section 68.]
(2) Whenever fire is caused willfully or by gross negligence in a protected forest, the State
Government may, notwithstanding that any penalty has been inflicted under this section, direct that in
such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be
suspended for such period as it thinks fit.
(h) infringes any rule made under section 32;
shall be punishable with imprisonment for a term which may extend to six months or with fine which may
extend to five hundred rupees, or with both.
(2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the State
Government may, notwithstanding that any penalty has been inflicted under this section, direct that in
such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be
suspended for such period as it thinks fit.
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 33 of Act XVI of 1927.—In section 33 of the principal Act, in sub-section**
(1), for the words “two thousand rupees” the words “five thousand rupees” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 3]
1. Clauses (e), (f) and (g) omitted by Act 18 of 2023, s. 2 and Schedule (w.e.f. 15-11-2023).
2. Ins. by s. 2 and Schedule, ibid. (w.e.f. 15-11-2023).
-----
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 33.-In Sub-section (1). —**
(i) in clause (c), after the words “or clears”, insert the words “or attempts to break-up or clear”;
(ii) in clause (f), after the word “drags”, insert the words “or removes”;
(iii) in the long line for the words “six months, or with fine which may extend to five hundred
rupees”, substitute the words “two years, or with fine which may extend to twenty-five thousand
rupees”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Uttar Pradesh**
**Amendment of section 33-In section 33 of the principal Act, in sub-section (1),—**
(i) in clause (c) after the words "or clears" the words "or, attempts to break up or clear" shall be
inserted;]
(ii) in clause (f) for the word "drags" the word "removes" shall be substituted;
(iii) for the words "six months or with fine which may extend to five hundred rupees, or with
both" the words "two years, or with fine which may extend to five thousand rupees, or with both and
on the second and every subsequent conviction for the same offence, with imprisonment for a term
which may extend to two years and with fine which may extend to ten thousand rupees" shall be
substituted.]
[Vide Uttar Pradesh Act 1 of 2001, s. 4]
**Uttarakhand**
**Amendment of section 33.—In section 33 of the principal Act, in sub-section (1)—**
(i) in clause (c) after the words "or clears" the words "or, attempts to break-up or clear" shall be
inserted;
(ii) in clause (f) for the word "drags" the word "removes" shall be substituted;
(iii) for the words "six months, or with fine which may extend to five hundred rupees, or with
both" the words "two years, or with fine which may extend to five thousand rupees, or with both and
on the second and every subsequent conviction for the same offence, with imprisonment for a term
which may extend to two years and with fine which may extend to ten thousand rupees" shall be
substituted.
[Vide Uttarakhand Act 10 of 2002, s. 4]
**Maharashtra**
**Amendment of section 33 of Act XVI of 1927.—In section 33 of the principal Act, after**
sub-section (2), the following sub-section shall be inserted, namely:-
(3) Where a person is convicted of an offence under subsection (1),
(a) a Forest Officer not below the rank of Ranger, or
(b) a Police Officer not below the rank of Sub-Inspector, or
(c) a Revenue Officer not below the rank of Mahalkari or Tahsildar,
may evict him from the protected forest in relation to which he has committed the offence.
[Vide Maharashtra Act VI of 1961, s. 8]
-----
**Maharashtra**
**Amendment of section 33 of Act XVI of 1927.—In section 33 of the principal Act, in sub-section (1),**
for the words “six months or with fine which may extend to five hundred rupees,” the words “one year or
with fine which may extend to two thousand rupees,” shall be substituted.
[Vide Maharashtra Act VII of 1985, s. 5]
**Haryana**
**Amendment of section 33 of Central Act 16 of 1927.— In sub-section (1) of section 33 of the principal**
Act, for the words "which may extend to six months, or with fine which may extend to five hundred
rupees", the words "which may extend to one ye or with fine which may extend to one thousand rupees"
shall be substituted.
[Vide Haryana Act 31 of 1973, s. 3]
**Bihar**
**Amendment of sub-section (1) of Section 33 of Act XVI, 1927. - In subsection (1) of Section 33 of the**
said Act for the words "shall be punishable with imprisonment for a term which may extend to six
months or with fine which may extend to five hundred rupees or with both" the following words shall
be substituted, namely:
"Shall be punishable with imprisonment for a minimum term of six months which may extend to two
years or with minimum fine of one thousand rupees which may extend to five thousand rupees or
with both. The offence under this Section shall be cognizable and non-bailable."
[Vide Bihar Act 9 of 1990, s. 3]
**34. Nothing in this Chapter to prohibit acts done in certain cases.—Nothing in this Chapter shall**
be deemed to prohibit any act done with the permission in writing of the Forest-officer, or in accordance
with rules made under section 32, or, except as regards any portion of a forest closed tinder section 30, or
as regards any rights the exercise of which has been suspended under section 33, in the exercise of any
right recorded under section 29.
CHAPTER V
OF THE CONTROLOVER FORESTSANDLANDS NOT BEING THE PROPERTY OF GOVERNMENT
**35. Protection of forests for special purposes.—(1) The [1][State Government] may, by notification**
in the [2][Official Gazette], regulate or prohibit in any forest or waste-land—
(a) the breaking up or clearing of land for cultivation;
(b) the pasturing of cattle; or
(c) the firing or clearing of the vegetation;
when such regulation or prohibition appears necessary for any of the following purposes:—
(i) for protection against storms, winds, rolling stones, floods and avalanches;
(ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the
prevention of landslips or of the formation of ravines, and torrents, or the protection of land against
erosion, or the deposit thereon of sand, stones or gravel;
(iii) for the maintenance of a water-supply in springs, rivers and tanks;
(iv) for the protection of roads, bridges, railways and other lines of communication;
(v) for the preservation of the public health.
(2) The [1][State Government] may, for any such purpose, construct at us own expense, in or upon any
forest or waste-land, such work as it thinks fit.
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
-----
(3) No notification shall be made under sub-section (1) nor shall any work be begun under
sub-section (2), until after the issue of a notice to the owner of such forest or land calling on him to show
cause, within a reasonable period to be specified in such notice, why such notification should not be made
or work constructed, as the case may be, and until his objections, if any, and any evidence he may
produce in support of the same, have been heard by an officer duly appointed in that behalf and have been
considered by the [1][State Government].
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 35 of Act XVI of 1927.—In section 35 of the said Act,--**
(1) in sub-section (3), after the words “until after the issue” the words “by an officer authorised
by the State Government in that behalf” shall be inserted;
(2) After sub-section (3), the following sub-section shall be added, namely:-
“(4) A notice to show cause why a notification under sub-section (1) should not be made, may
require that for any period not exceeding six months, or till the date of the making of a notification,
whichever is earlier, the owner or such forest and all persons who are entitled or permitted to do
therein any or all of the things, specified in clause (i) or sub-section (1), whether by reasons of any
right, title or interest or under any licence or contract or otherwise, shall not, after the date of the
notice and for the period or until the date aforesaid, as the case may be, do any or all the things
specified in clause (i) of sub-section (1), to extent specified in the notice.
(5) A notice issued under sub-section (3) shall be served on the owner of such forest in the
manner provided in the Code of Civil Procedure, 1908 (5 of 1908), for the service of summons and
shall also be published in the manner prescribed by rules.
(6) Any person contravening any requisition made under sub-section (4) in a notice to show cause
why a notification under sub-section (1) should not be made shall, on conviction, be punished with
imprisonment for a term which may extend to six months or with fine or with both.”
[Vide Uttarakhand Act XXIV of 1955, s. 4]
**Maharashtra**
**Amendment of section 35 of Act XVI of 1927.—In section 35 of the principal Act,--**
(i) in sub-section (4); for the words “six months” the words “one year” shall be substituted;
(ii) after sub-section (5), the following sub-section shall be inserted, namely :
“(5-A) Where a notice issued under sub-section (3) has been served on the owner of a forest in
accordance with subsection (5), any person acquiring thereafter the right of ownership of that forest
shall be bound by the notice as if it had been served on him as an owner and he shall accordingly
comply with the notice, requisition and notification, if any, issued under this section.”;
(iii) after sub-section (6), the following sub-section shall be inserted, namely :
“(7) Any person contravening any of the provisions of a notification issued under sub-section (1)
shall, on conviction, be punished with imprisonment for a term which may extend to six months, or
with fine, or with both.”
## [Vide Maharashtra Act VI of 1961, s. 9]
**36. Power to assume management of forests.— (1) In case of neglect of, or willful disobedience to,**
any regulation or prohibition under section 35, or if the purposes of any work to be constructed under that
section so require, the [1][State Government] may, after notice in writing to the owner of such forest or land
and after considering his objections, if any, place the same under the control of a Forest-officer, and may
1. Subs. by the A.O. 1950, for “Provincial Government”.
-----
declare that all or any of the provisions of this Act relating to reserved forests shall apply to such forest or
land.
(2) The net profits, if any, arising from the management of such forest or land shall be paid to the said
owner.
**STATE AMENDMENT**
**Maharashtra**
**Insertion of new sections 36-A, 36-B, and 36-C in Act XVI of 1927.—After section 36 of the said Act,**
the following new sections shall be inserted, namely:
**“36-A. Manner of serving notice and order under section 36.—The notice referred to in**
sub-section (1) of section 36 and the order, if any, made placing a forest under the control of a Forest
officer shall be served on the owner of such forest in the manner provided in the Code of Civil
Procedure, 1908 (V of 1908), for the service of summons.
**36-B. Period of control.—(1) The period of such control of any forest shall be for ten years from**
the date of the order aforesaid ; but such period may thereafter by extended for successive periods of
not more than years each:
Provided that the period of such control shall not in the aggregate exceed 30 years from the date
of the order.
(2) The forest officer, under whose control the forest is placed, shall, not later than six months
before the expiry of any period referred to in sub-section (1) make a report regarding such control and
shall state therein whether in his opinion, any period of control should be extended.
(3) After considering any such report and subject to sub-section (1), the state government shall
decide whether to extend any period of control or whether to terminate it in the manner provided in
the next succeeding section.
(4) No period of control shall be extended unless the owner has been given reasonable
opportunity of showing cause against such extension.
**36-C. Termination of control.—(1) If the State Government decides to terminate any period of**
control of any forest, if shall, by order published in the Official Gazette and in such other manner as
may be prescribed by rules, so declare ; and thereupon possession of the forest shall be given to the
owner, or if the owner be dead, to any person entitled to such possession, together with any sum of
money which may be standing to the credit of such owner;
(2) All acts done or purported to be done by the Forest-officer in respect of any forest placed
under his control, during the period of such control or of any extension thereof, shall be binding on
the owner of such forest or any person to whom possession of the forest has been delivered under
this section.”
[Vide Bombay Act XXIV of 1955, s. 5]
**37. Expropriation of forests in certain cases.—(1) In any case under this Chapter in which the**
1[State Government] considers that, in lieu of placing the forest or land under the control of a Forestofficer, the same should be acquired for public purposes, the [1][State Government] may proceed to acquire
it in the manner provided by the Land Acquisition Act, 1894 (1 of 1894).
(2) The owner of any forest or land comprised in any notification under section 35 may, at any time
not less than three or more than twelve years from the date thereof, require that such forest or land shall
be acquired for public purposes, and the [1][State Government] shall acquire such forest or land
accordingly.
**38. Protection of forests at request of owners.—(1) The owner of any land or, if there be more than**
one owner thereof, the owners of shares therein amounting in the aggregate to at least two-thirds thereof
1. Subs. by the A.O. 1950, for “Provincial Government”.
-----
may, with a view to the formation or conservation of forests thereon, represent in writing to the Collector
their desire—
(a) that such land be managed on their behalf by the Forest-officer as a reserved or a protected
forest on such terms as may be mutually agreed upon; or
(b) that all or any of the provisions of this Act be applied to such land.
(2) In either case, the [1][State Government] may, by notification in the [2][Official Gazette], apply to
such land such provisions of this Act as it thinks suitable to the circumstances thereof and as may be
desired by the applicants.
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 38-A of Act XVI of 1927—In section 38-A of the principal Act:**
(1) for clause (b), the following shall be substituted:
“(b) ‘Forest’ means a tract of land covered with trees, shrubs, bushes or woody vegetation
whether of natural growth or planted by human agency, and existing or being maintained with or
without human effort, or such tract of land on which such growth is likely to have an effect on the
supply of timber, fuel, forest produce, or grazing facilities, or on climate, streamflow, protection of
land from erosion or other such matters, and shall include—
(i) land covered with stumps of trees of a forest
(ii) land which is part of a forest or lies within it or was part of a forest or was lying within a
forest on the first day of July, 1952;
(iii) such pasture land waterlogged or cultivable or non-cultivable land, lying within, or
adjacent to, a forest, as may be declared to be a forest by the State Government.”
(2) after clause (b), the following shall be added as new clause (c) and (d):
“(c) ‘Forest land’ means a land covered by a forest or intended to be utilized as a forest; and
(d) ‘Prescribed’ means prescribed by rules made under this Act.”
# [Vide Uttar Pradesh Act XXI of 1960, s. 3]
**Amendment of section 38-F of Act XVI of 1927—In section 38-F of the principal Act, between the**
figure and letter “38-C”, and word “related” the words, figure and letters “or 38-H” shall be inserted.
[Vide Uttar Pradesh Act XXI of 1960, s. 4]
**Amendment of Section 58-G of Act XVI of 1927- In Section 28- G of the principal Act, te word**
"and" occurring between the comma and the figure and letter "38-D" shall be _deleted_ and thereafter
between the figure and letter "38-A" and the word "shall", the word, figure and letter "and 38- H" shall be
_inserted._
[Vide Uttar Pradesh Act XXI of 1960, s. 5]
**Addition of new section 38-H to 38-M in Act XVI of 1927-After Section 38-G of the principal Act,**
the following shall be added as new Sections 38-H to 38-M:
“38-H. Power to take over management—(1) Whenever it appears to the State Government that
the taking over of the management of any particular forest, or forest land, is necessary or expedient in
the public interest or in order to secure the proper management thereof, particularly with a view to
ensure its planned development as a forest, it may by notification in the Official Gazette do so for all
or any of the said purposes for such period not exceeding fifteen years, as may be specified in the
notification.
(2) No notification under sub-section (1) shall be issued until
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
-----
(a) after the issue of a notice by the Forest Officer to the claimant or the owner or tenure
holder of the forest or forest forest land, as the case may be, affording him reasonable opportunity
to show cause, within a period of not less than fourteen days from the date of service of the notice
on him to be specified in such notice, why management of the forest or forest land specified
therein be not taken over; and
(b) objection, if any, have been heard and disposed of by the Forest Officer in the manner
prescribed.
(3) The notice referred to in sub-section (2) shall be served upon the person concerned in
accordance with the provisions of Section 38-D.
**38.I. Consequences of Notification under Section 38-H. - The State Government shall, in respect of**
a forest, or forest land for which notification under Section 38-H has been issued
(i) place the forest, or forest-land, as the case may be with effect from the date of the notification,
in the charge of a Forest Officer, for carrying out the purposes mentioned in the notification, and
thereupon the provisions of Section 5 shall mutatis mutandis apply to such a forest or forest land, as
the case may be; and
(ii) be liable and pay to the claimant or the owner or the tenure-holder of the forest, or forest land,
as the case may be, the balance of the income, if any, accruing to it therefrom, for the period
commencing from the date of notification till the date it is released under Section 38-L after
deducting therefrom such percentage of it, not exceeding twenty, as may be prescribed, for cost of
management and the amount, if any spent by the State Government on its development.
**38-J. Payment in respect of forest already in possession of the State Government-** In the case of
forest, possession whereof was taken over by the State Government prior to the commencement of the
Indian Forest (U.P. Amendment) Act, 1960, and the management whereof, is takenover in accordance
with the provisions of Section 38-H, the State Government shall, in the absence of a contract between
the State Government and the person concerned to the contrary, be liable to pay, for the period
commencing from the date of possession till the issue of the notification under the said section the
balance of income accruing therefrom in accordance with the provisions of Section 38-I (ii) as if the
provisions of the aforesaid Act has been in force at all material dates and the management of such
forest had been assumed on the date of taking over possession thereof; anything contained in any
other law, custom, usage for the time being in force or contract to the contrary notwithstanding.
**38-K. Permission to cultivate areas lying within a forest or forest land taken over under this**
**Act-** (1) The State Government may, where it is satisfied that it is necessary so to do in the public
interest on the application of the person whose forest or forest land, as the case may be, has been
taken over under Section 38-H, allow him to cultivate such part of it, not being in excess of one fifth
of the total area of such forest or forest land, as the case may be, and such period, not being beyond
the period of its management, as may be satisfied in the order granting the permission.
(2) An application under sub-section (1) shall be submitted to the Forest Officer-incharge of the
forest or the forest land, as the case may be, who shall forward the same, with his recommendations
thereon, to the State Government.
(3) The decision of the State Government on the application under sub-section (2) shall be final
and be not questioned in any Court of law.
**38-L. Release of a forest or forest land from management-The State Government may, at any**
time by notification in the Official Gazette, release from its management any forest or forest land, as
the case may be, takenover under Section 38-H and thereupon the forest or the forest land, as the case
may be, shall ceases to be under the management of the State Government, and the liability of the
State Government in respect of the forest or the forest land, as the case may be, shall cease with effect
from the date of release in the notification.
**38-M. Powers to make rules-** (1) The State Government may after previous publication in the
Official Gazette, make rules to carry out the purposes of this Act.
-----
(2) In Particular and without prejudice to the generality of the foregoing power, such rules may
(a) provide for the items for which and the manner in which, the cost of management shall be
calculated;
(b) prescribe the procedure for the hearing and disposal of objections under this Act;
(c) prescribe the mode of management or development of the forest or the forest land taken
over under this Act;
(d) prescribe the form of application under Section 38-K and the particulars that must be
given therein; and
(e) prescribe any other matters which are to be, and may be, prescribed under this Act.
(3) All rules made under this Act shall, soon as may be after they are made, be laid before each
House of the Legislature while it is in session, for a total period of fourteen days extending in its one
session or more than one successive sessions and shall, unless some later date is appointed, take effect
from the date of their publication in the official Gazette, subject to such modifications or annulments
as the two Houses of the Legislature may agree to make; so however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done thereunder."
[Vide Uttar Pradesh Act XXI of 1960, s. 6]
**Insertion of a new Chapter V-A in Act XVI of 1927- After Chapter V of the Indian Forest Act,**
1927 the following shall be added as a new chapter V-A:
**"CHAPTER V-A**
OF THE CONTROL OVER FORESTS OF CLAIMANTS
**38-A. Definition- In this Chapter unless there is anything repugnant in the subject or context:**
(a) "Claimant" as respects any land means a person claiming to be entitled to the land or any
interest therein acquired, owned, settled or possessed or purported to have been acquired, owned,
settled or possessed whether under, through or by any lease or licence executed prior to the
commencement of the U.P. Zamindari Abolition and Land Reforms Act, 1950, or under and in
accordance with any provision of any enactment, including
(b) “Forest" includes
(i) any land covered by trees and shrubs, and
(ii) pasture lands.
**38-B. Power to regulate or prohibit breaking or clearing, etc.-(1) The State Government may by**
notification in the Official Gazette regulate or prohibit in any forest (situate in or upon any land of a
claimant)
(a) the breaking up or clearing of the land for cultivation or any other purpose;
(b) the firing or clearing of the vegetation;
(c) the girdling or trapping of burning of any tree or the stripping off the bark
from any tree;
(d) the lopping and pollarding of trees:
(e) the cutting, sawing conversion or the removal of trees-where such regulation
or prohibition appears necessary
(i) for the conversation of trees and forests; or
(ii) for the improvement of grazing; or
(iii) for the maintenance, increase and distribution of supply of fodder, timber or fuel, or
(iv) for the protection of land against erosion; or
(v) for subserving the interests of the general public.
(2) No notification shall be made under sub-section (1) until after the issue of a notice to the claimant
of the land calling on him to show cause within a reasonable period, not less than fourteen days and not
exceeding thirty days, to be specified in such notice, why such notification should not be made, and until
-----
objections, if any, and any evidence he may produce in support of the same, have been heard by an officer
not below the rank of an Assistant Collector of the first class appointed in that behalf and considered by
the State Government.
(3) It shall be lawful for the State Government to make the notification under sub-section (1) either in
respect of any particular forest or generally in respect of all forest situate in an area.
**38-C. Prohibition or regulation in emergent cases- Where it is proposed to issue a notification in**
respect of any forest or generally all the forests in any area under Section 38-B and the State Government
is satisfied that immediate action is necessary to prevent the doing of all or any of the acts mentioned in
clauses (a) to (e) of sub-section (1) of the said section, it may by notification in the Official Gazette
prohibit the doing except as and in the manner specified, of such act in respect of that forest or, as the
case may be, generally all forests situate in any area as may be specified and, thereupon, no person shall,
notwithstanding any claim, right, agreement, custom, usage or law to the contrary, do any of the said acts
in such forest or forests until expiry of six months from the date of the notification and until the objection,
if any, filed in pursuance of the notice under sub-section (2), of Section 33-B, has been heard and
considered by the State Government.
**38-D. Service of notice- The notice under sub-section (2) of Section 38-D shall-**
(a) In case of a notification affecting an individual person (Not being a corporation, firm or
body of persons) be served on that person(i) personally by delivering or tendering to his the notice, or
(ii) by registered post, or
(iii) where the person cannot be found, by leaving an authentic copy of the notice with
some adult male member or by affixing such copy in some conspicuous part of the
premises in which he is known to have last resided or carried on business or
personally worked for gain, and
(b) In the case of a notification of a general nature in relation to all forests in an area, be served by
publication in the Official Gazette and it shall not be necessary, unless the State Government so
directs, to serve the notice individually on the claimants.
**38-E. Application of Section 36 of Act XVI of 1927-** The provisions of Section 36 shall mutatis
mutandis apply to any regulation or prohibition notified under Section 38-B or 38-C.
**38-F. Penalties- Any person who-**
(i) fell, girdles, lops, taps, pollards or burns any tree or strips off the bark or otherwise
damages any tree, or breaks up or clears for cultivation or any other purpose, any land in the forest
to which the notification under Section 38-B or 38-C relates, or
(ii) sets fire to such forest, or kindles a fire without taking all reasonable precautions to
prevent its spreading, or
(iii) permits cattle to damage any such tree, shall be punished with imprisonment for a term
which may extend to six months or with fine or
with both.
**38-G. Savings- The powers conferred by Sections 38-B, 38-C, and 38-D shall be in addition to and**
not in derogation of any other powers conferred on any authority by or under any other provision of this
Act."
[Vide Uttar Pradesh Act V of 1956, s. 2]
**Amendment of Section 38-D of Act XVI of 1927.- In Section 38-D of the Indian Forest Act, 1927 as**
amended in its application to Uttar Pradesh (hereinafter called the principal Act), for the word “and” and
the comma preceding it in sub-clause (iii) of clause (a) semi-colon shall be substituted and thereafter the
following new clause (aa) shall be inserted:
“(aa) In case of a notification affecting a corporation, firm or body of persons, be served on the
manager, principal officer or agent thereof in the manner provided in clause (a); and”.
[Vide Uttar Pradesh Act XI of 1964, s. 2]
-----
**Amendment of section 38-F of Act XVI of 1927.—In section 38-F of the Principal Act, for clause**
(i) of following shall be substituted.
"(i) breaks up or clears any land for cultivation or any other purpose, fires or clears any
vegetation, girdles, taps, burns, lops, pollards, fells, cuts, saws, converts or removes any tree, or strips
off the bark from any tree, in any forest in respect of which a notification under section 33-8 of 38-C
or 38-H has been issued, or does any of the aforesaid acts in contravention of the provisions contained
in sub-section (4) of section 38-H, or".
[Vide Uttar Pradesh Act XI of 1964, s. 3]
**Amendment of section 38-H of Act XVI of 1927.—In section 38-H of the principal Act, after sub-**
section (3) the following shall be added as sub-section (4) thereof:
"(4) No person shall, after the service of the notice referred to in sub-section (2), do or permit or
cause to be done, save with the permission of the Forest Officer, any of the following acts on or in
respect of such forest or forest land, namely-
(a) the breaking up or clearing of the land for cultivation or any other purpose;
(b) the firing or clearing of the vegetation;
(c) the girdling or tapping or burning of any tree or the stripping off of the bark from any tree;
(d) the lopping or pollarding of trees;
(e) the felling, cutting, sawing, conversion or removal of trees;
until-
(i) where objections under clause (a) of sub-section (2) have been filed, the disposal thereof
under clause (b) of that sub-section and thereafter, unless the objections have been allowed, for a
further period of six months or the publication of the notification under sub-section (1),
whichever is earlier;
(ii) where no objections under clause (a) of sub-section (2) have been filed, the publication of
the notification under sub-section (1) or the expiry of six months from the date of service of the
notice, whichever is earlier."
[Vide Uttar Pradesh Act XI of 1964, s. 4]
CHAPTER VI
OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE
**39. Power to impose duty on timber and other forest-produce.—(1) The [1][Central Government]**
may levy a duty in such manner, at such places and at such rates as it may declare by notification in the
2[Official Gazette] on all timber or other forest-produce—
(a) which is produced in [3][the territories to which this Act extends], and in respect of which the
4[Government] has any right;
(b) Which is brought from any place outside [2][the territories to which this Act extends]:
5* - - -
(2) In every case in which such duty is directed to be levied ad valorem, the [1][Central Government]
may fix by like notification the value on which such duty shall be assessed.
(3) All duties on timber or other forest-produce which, at the time when this Act comes into force in
any territory, are levied therein under the authority of the [6][State Government], shall be deemed to be and
to have been duly levied under the provisions of this Act.
1. Subs. by the A.O. 1937, for “L.G.”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
3. Subs. by the A.O. (No. 3) 1956, for “Part A States and Part C States”.
4. Subs. by the A.O. 1950, for “Crown”.
5. The Proviso rep. by the A.O. 1937.
6. Subs. by the A.O. 1950, for “Provincial Government”.
-----
1[(4) Notwithstanding anything in this section, the 2[State Government] may, until provision to the
contrary is made by [3][Parliament], continue to levy any duty which it was lawfully levying before the
commencement[4] of [5][the Constitution], under this section as then in force:
Provided that nothing in this sub-section authorises the levy of any duty which as between timber or
other forest-produce of the [6][State] and similar produce of the locality outside the [6][State] discriminates in
favour of the former, or which, in the case of timber or other forest-produce of localities outside the
6[State], discriminates between timber or other forest-produce of one locality and similar timber or other
forest-produce of another locality.]
**40. Limit not to apply to purchase money or royalty.—Nothing in this Chapter shall be deemed to**
limit the amount, if any, chargeable as purchase-money or royalty on any timber or other forest-produce,
although the same is levied on such timber or produce while in transit, in the same manner as duty is
levied.
CHAPTER VII
OF THE CONTROL OF TIMBERANDO THER FOREST-PRODUCE IN TRANSIT
**41. Power to make rules to regulate transit of forest produce.—(1) The control of all rivers and**
their banks as regards the floating of timber, as well as the control of all timber and other forest-produce
in transit by land or water, is vested in the [2][State Government], and it may make rules to regulate the
transit of all timber and other forest-produce.
(2) In particular and without prejudice to the generality of the foregoing power such rules may—
(a) prescribe the routes by which alone timber or other forest-produce may be imported, exported
or moved into, from or within [7][the State];
(b) prohibit the import or export or moving of such timber or other produce without a pass from
an officer duly authorised to issue the same, or otherwise than in accordance with the conditions of
such pass;
(c) provide for the issue, production and return of such passes and for the payment of fees
therefore;
(d) provide for the stoppage, reporting, examination and marking of timber or other forest
produce in transit, in respect of which there is reason to believe that any money is payable to the
8[Government] on account of the price thereof, or on account of any duty, fee, royalty or charge due
thereon, or, to which it is desirable for the purposes of this Act to affix a mark;
(e) provide for the establishment and regulation of depots to which such timber or other produce
shall be taken by those in charge of it for examination, or for the payment of such money, or in order
that such marks may be affixed to it, and the conditions under which such timber or other produce
shall be brought to, stored at and removed from such depots;
(f) prohibit the closing up or obstructing of the channel or banks of any river used for the transit
of timber or other forest-produce, and the throwing of grass, brushwood, branches or leaves into any
such river or any act which may cause such river to be closed or obstructed;
(g) provide for the prevention or removal of any obstruction of the channel or banks of any such
river, and for recovering the cost of such prevention or removal from the person whose acts or
negligence necessitated the same;
1. Ins. by the A.O. 1937.
2. Subs. by the A.O. 1950, for “Provincial Government”.
3. Subs. by the A.O. 1950, for “the Central Legislature”.
4. That is, 26th January, 1950.
5. Subs. by the A.O. 1950, for the “Part III of the Government of India Act, 1935”.
6. Subs. ibid., for “Province”.
7. Subs. by the A.O. 1937, for “British India”.
8. Subs. by the A.O. 1950, for “Crown”.
-----
(h) prohibit absolutely or subject to conditions, within specified local limits, the establishment of
saw-pits, the converting, cutting, burning, concealing or making of timber, the altering or effacing of
any marks on the same, or the possession or carrying of marking hammers or other implements used
for marking timber;
(i) regulate the use of property marks for timber, and the registration of such marks; prescribe the
time for which such registration shall hold good; limit the number of such marks that may be
registered by any one person, and provide for the levy of fees for such registration.
(3) The State Government may direct that any rule made under this section shall not apply to any
specified class of timber or other forest-produce or to any specified local area.]
**STATE AMENDMENT**
**Uttar Pradesh**
**Amendment of section 41.—In section 41 of the principal Act, after sub-section (2) the following**
new sub-sections shall be added, namely
“(2-A) The State Government may by notification in the Gazette delegate, either unconditionally
or subject to such conditions as may be specified in the notification, to any Forest Officer, not below
the rank of Conservator, the power to prescribe fees under clause (c) of sub-section (2).
(2-B) Notwithstanding any judgment, decree or order of any court, any rule purporting to have
been made by a Conservator before the commencement of the Indian Forest (Uttar Pradesh
Amendment) Act, 1965, prescribing fees to be paid in respect of passes specified in clause (b) of subsection (2) shall be deemed to have been made under a power delegated under sub-section (2-A) as if
the provisions of sub-section (2-A) were always in force and the Conservator were duly authorised
thereunder, and shall be deemed to be and always to have been valid, and shall continue in force until
altered, repealed or amended by the State Government or a duly authorised Conservator, as the case
may be:
Provided that nothing in this sub-section shall be deemed to authorise the prosecution or
punishment of any person under section 42 for any act done before the commencement of the said
Act."
[Vide Uttar Pradesh Act XXIII of 1965, s. 13]
**Maharashtra**
**Amendment of section 41 of Act XVI of 1927.—In section 41 of the Indian Forest act, 1927 (XVI of**
1927) in this application to the state of Maharashtra, in sub-section (2), after clause (h), the following new
clause shall be inserted, namely:-
“(hh) regulate by grant of licences, within the forest limits or such distance therefrom not exceeding
eight kilometres as may be determined, the converting or cutting of timber in a saw mill, and
prescribe fees and conditions, subject to which such licences may be granted;
[Vide Maharashtra Act XV of 1965, s. 2]
**Amendment of section 41 of Act XVI of 1927.—In section 41 of the Indian Forest act, 1927, in its**
application to the State of Maharashtra,-
(a) after sub-section (1), the following sub-section shall be inserted; and shall be deemed to have
been inserted, with effect from the 12[th] day of September,1960, namely:-
“(1A) Notwithstanding anything contained in any law for the time being in force, the State
Government may make rules to regulate by grant of licences, within the forest limits or such
distance therefrom not exceeding eighty kilometres as may be determined, the converting or
cutting of timer in a saw mill and prescribe fees and conditions, subject to which such licence
may be granted, and the manner in which, and the authority to whom, an appeal against the order
of refusal, suspension or revocation of a licence may filed.”;
-----
(b) in sub-section (2), clause (hh) shall be deleted, and shall be deemed to have been deleted, with
effect from the 10[th] day of February, 1965.
[Vide Maharashtra Act XXIII of 1984, s. 2]
1[41A. Powers of Central Government as to movements of timber across customs frontiers.—
Notwithstanding anything in section 41, the Central Government may make rules to prescribe the route by
which alone timber or other forest-produce may be imported, exported or moved into or from [2][the
territories to which this Act extends] across any customs frontier as defined by the Central Government,
and any rules made under section 41 shall have effect subject to the rules made under this section.]
**42. Penalty for breach of rules made under section 41.—(1) The [3][State Government] may by such**
rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six
months, or fine which may extend to five hundred rupees, or both.
(2) Such rules may provide that penalties which are double of those mentioned in sub-section (1) may
be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation
for resistance to lawful authority, or where the offender has been previously convicted of a like offence.
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 42 of Act 16 of 1927.—In section 42 of the principal Act, in sub-section (1),**
for the words “two thousand rupees” the words “five thousand rupees” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 4]
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 42.- In sub-section (1), for the words “six months” and “five hundred rupees”, substitute the**
words “two years” and “twenty-five thousand rupees” respectively.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020.]
**Uttar Pradesh**
**Amendment of section 42—In section 42 of the principal Act, for sub-section (1), the following sub-**
section shall be substituted, namely:-
“(1) The State Government may by such rules prescribe as penalties for the contravention thereof
imprisonment for a term which may extend to two years, or fine which may extend to five thousand
rupees or both."]
[Vide Uttar Pradesh Act 1 of 2001, s. 5]
**Uttarakhand**
**Amendment of section 42.—In section 42 of the principal Act, in sub-section (1), or the words “six**
month, or fine which may extend to five hundred rupees” the words “two years, or fine which may extend
to five thousand rupees” shall be substituted.
[Vide Uttarakhand Act 10 of 2002, s. 5]
**Maharashtra**
**Amendment of section 42 of Act XVI.—In section 42 of the principal Act, in sub-section (1), for the**
words “six months or with fine which may extend to five hundred rupees,” the words “one year or with
fine which may extend to two thousand rupees,” shall be substituted.
[Vide Maharashtra Act VII of 1985, s. 6]
1. Ins. by the A.O. 1937.
2. Subs. by the A. O. (No. 3) 1956, for “Part A States and Part C States”.
3. Subs. by the A.O. 1950, for “Provincial Government”.
-----
**Bihar**
**Substitution of Section 42 of Act XVI, 1927.—For Section 42 of the said Act, the following shall**
be substituted; namely:
"42. Penalty for breach of Rules made under Section 41.—The State Government may by such
Rules prescribe as penalties for the contravention thereof imprisonment for a minimum term
of six months which may extend to two years or with minimum fine of one thousand rupees which
may extend to five thousand rupees or with both. The offence under this Section shall be cognizable
and non-bailable."
[Vide Bihar Act 9 of 1990, s. 4]
**43. Government and Forest-officers not liable for damage to forest-produce at depot.—The**
1[Government] shall not be responsible for any loss or damage which may occur in respect of any timber
or other forest-produce while at a depot established under a rule made under section 41, or while detained
elsewhere, for the purposes of this Act; and no Forest-officer shall be responsible for any such loss or
damage, unless he causes such loss or damage negligently, maliciously or fraudulently.
**44. All persons bound to aid in case of accident at depot.—In case of any accident or emergency**
involving danger to any property at any such depot, every person employed at such depot, whether by
the [1][Government] or by any private person, shall render assistance to any Forest-officer or Police-officer
demanding his aid in averting such danger or securing such property from damage or loss.
CHAPTER VIII
OFTHE COLLECTIONOF DRIFTAND STRANDED TIMBER
**45. Certain kinds of timber to be deemed property of Government until title thereto proved,**
**and may be collected accordingly.—(1) All timber found adrift, beached, stranded or sunk;**
all wood or timber bearing marks which have not been registered in accordance with the rules made
under section 41, or on which the marks have been obliterated, altered or defaced by fire or otherwise;
and
in such areas as the [2][State Government] directs, all unmarked wood and timber;
shall be deemed to be the property of Government, unless and untill any person establishes his right and
title thereto, as provided in this Chapter.
(2) Such timber may be collected by any forest-officer or other person entitled to collect the same by
virtue of any rule made under s ion 51, and may be brought to any depot which the Forest-officer may
notify as a depot for the reception of drift timber.
(3) The [2][State Government] may, by notification in the [3][Official Gazette], exempt any class of
timber from the provisions of this section.
**46. Notice to claimants of drift timber.—Public notice shall from time to time be given by the**
Forest-officer of timber collected under section 45. Such notice shall contain a description of the timber,
and shall require any person claiming the same to present to such officer, within a period not less than
two months from the date of such notice, a written statement of such claim.
**47. Procedure on claim preferred to such timber.—(1) When any such statement is presented as**
aforesaid, the Forest-officer may, after making such inquiry as he thinks fit, either reject the claim after
recording his reasons for so doing, or deliver the timber to the claimant.
(2) If such timber is claimed by more than one person, the Forest-officer may either deliver the same
to any of such persons whom he deems entitled thereto, or may refer the claimants to the Civil Courts,
and, retain the timber pending the receipt of an order from any such Court for its disposal.
1. Subs. by the A.O. 1950, for “Crown”.
2. Subs. by the A.O. 1950, for “Provincial Government”.
3. Subs. by the A.O. 1937, for “Local Official Gazette”.
-----
(3) Any person whose claim has been rejected under this section may, within three months from the
date of such rejection, institute a suit to recover possession of the timber claimed by him; but no person
shall recover any compensation or costs against the [1][Government], or against any Forest-officer, on
account of such rejection, or the detention or removal of any timber, or the delivery thereof to any other
person under this section.
(4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has
been delivered, or a suit has been brought, as provided in this section.
**48. Disposal of unclaimed timber.—If no such statement is presented as aforesaid, or if the claimant**
omits to prefer his claim in the manner and within the period fixed by the notice issued under section 46,
or on such claim having been so preferred by him and having been rejected, omits to institute a suit to
recover possession of such timber within the further period fixed by section 47, the ownership of such
timber shall vest in the [1][Government], or, when such timber has been delivered to another person under
section 47, in such other person free from all encumbrances not created by him.
**49. Government and its officers not liable for damage to such timber.—The [1][Government] shall**
not be responsible for any loss or damage which may occur in respect of any timber collected under
section 45, and no Forest-officer shall be responsible for any such loss or damage, unless he causes such
loss or damage negligently, maliciously or fraudulently.
**50. Payments to be made by claimant before timber is delivered to him.—No person shall be**
entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to the
Forest-officer or other person entitled to receive if such sum on account thereof as may be due under any
rule made under section 51.
**51. Power to make rules and prescribe penalties.—(1) The State Government** [1] [may, by
notification in the Official Gazette, make rules] to regulate the following matters, namely:—
(a) the salving, collection and disposal of all timber mentioned in section 45;
(b) the use and registration of boats used in salving and collecting timber;
(c) the amounts to be paid for salving, collecting, moving, storing or disposing of such timber;
and
(d) the use and registration of hammers and other instruments to be used for marking such timber.
2[(1A) Every rule made by the State Government under this Act shall be laid, as soon as may be after
it is made, before the State Legislature.]
(2) The [3][State Government] may prescribe, as penalties for the contravention of any rules made
under this section, imprisonment for a term which may extend to six months, or fine which may extend to
five hundred rupees, or both.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 51.-In sub-section (2), for the words “six months, or with fine which may extend to five**
hundred rupees”, substitute the words “two years, or with fine which may extend to twenty-five thousand
rupees”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Tripura**
**Insertion of new section 51A. —After section 51 of the principal Act the following section shall be**
inserted, namely :—
1. Subs. by Act 4 of 2005, s. 2 and the Schedule, for “may make rules”.
2. Ins. by s. 2 and the Schedule, ibid.
3. Subs. by the A.O. 1950, for “Provincial Government”.
-----
**51A.—Power to regulate manufacture and preparation of articles based on forest produce.—(1)**
the State Government may make rules,—(a) to provide for the establishment, and regulation by licence,
permit or otherwise (and the payment of fees therefor), of saw mills and other units including factories
engaged in the manufacture of preparation of the following articles: —
(i) Katha (Catechu) or Kuth out of Khair wood;
(ii) plywood, veneer and wood-panel products;
(iii) preparation of matchboxes and match splints;
(iv) boxes including packing cases made out of wood;
(v) such other articles based on forest produce as the State Government may, by notification in
the Official Gazette, from time to time, specify;
(b) to provide for the regulation by licence, permit or otherwise, of procurement of raw materials
for the preparation of the article mentioned in clause (a), the payment and deposit of fees therefor and
for due compliance of the conditions thereof, the forfeiture of the fee so deposited or any part thereof
for contravention of any such condition, and the adjudication of such forfeiture by such authority as
the State Government may, by notification in the Official Gazette, specify.
(2) The State Government may prescribe, as penalties for the contravention of any rules made under
this section, imprisonment for a term which may extend to six months, or fine which may extend to five
hundred rupees or both.
[Vide Tripura Act 10 of 1984, s. 4].
CHAPTER IX
PENALTIES AND PROCEDURE
**52. Seizure of property liable to confiscation.—(1) When there is reason to believe that a forest-**
offence has been committed in respect of any forest-produce, such produce, together with all tools, boats,
carts or cattle used in committing any such offence, maybe seized by any Forest-officer or Police-officer.
(2) Every officer seizing any property under this section shall place on such property a mark
indicating that the same has been so seized, and shall, as soon as may be, make a report of such seizure to
the Magistrate having jurisdiction to try the offence on account of which the seizure has been made:
Provided that, when the forest-produce with respect to which such offence is believed to have been
committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer
makes, as soon as may be, a report of the circumstances to his official superior.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 52 of Act 16 of 1927.—In section 52 of the principal Act,—**
(a) sub-section (1A) shall be deleted;
(b) in the marginal note, the words “and forfeiture” shall be deleted.
[Vide Maharashtra Act 21 of 2015, s. 5].
**Tripura**
**Amendment of section 52.—In sub-section (1) of section 52 of the principal Act, the words “carts or**
cattle”, the words and mark “carts, vehicles or cattle” shall be substituted.
[Vide Tripura Act 10 of 1984, s. 5].
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 52.-Substitute section 52 with the following section, namely:–**
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**“52. Seizure of property liable to confiscation and procedure thereof.– (1) When there is reason**
to believe that a forest offence has been committed in respect of any reserved forest, protected forest,
village forest or forest produce, the forest produce, together with all tools, arms, boats, carts, equipment,
ropes, chains, machines, vehicles, cattle or any other article used in committing any such offence, may be
seized by a Forest Officer or Police Officer.
(2) Every officer seizing any property under this section shall place on such property a mark indicating
that the same has been so seized and shall, as soon as may be, make a report of such seizure before an
officer not below the rank of the Divisional Forest Officer (hereinafter referred to as the ‘authorised
officer’):
Provided that when the forest produce with respect to which such offence is believed to have been
committed is the property of the Government and the offender is unknown, it shall be sufficient if the
officer makes, as soon as may be, a report of the circumstances to his official superior.
(3) Subject to sub-section (5), where the authorised officer upon receipt of report about seizure, is
satisfied that a forest offence has been committed in respect thereof, he may, by order in writing and for
reasons to be recorded, confiscate forest produce so seized together with all tools, arms, boats, carts,
equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing such offence
and a copy of the order of confiscation shall be forwarded without any undue delay to the person from
whom the property is seized and to the Conservator of Forest Circle in which the forest produce, tools,
arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article as the case may
be, has been seized.
(4) No order confiscating any property shall be made under sub-section (3) unless the authorised
officer,–
(a) sends an intimation in writing about initiation of proceedings for confiscation of the property to
the Magistrate having jurisdiction to try the offence on account of which the seizure has been made;
(b) issues a notice in writing to the person from whom the property is seized and to any other
person who may, in the opinion of the authorised officer to have some interest in such property;
(c) affords an opportunity to the persons referred to in clause (b) of making a representation within
such reasonable time as may be specified in the notice against the proposed confiscation; and
(d) gives to the officer effecting the seizure and the person or persons to whom notice has been
issued under clause (b), a hearing on date to be fixed for such purpose.
(5) No order of confiscation under sub-section (3) of any tools, arms, boats, carts, equipment, ropes,
chains, machines, vehicles, cattle or any other article (other than timber or forest produce seized) shall be
made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of authorised
officer that any such tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any
other article were used without his knowledge or connivance or, as the case may be, without the
knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had
been taken against the use of objects aforesaid for commission of forest offence.
(6) Where the cattle are involved in the commission of a forest offence, the same after seizure by any
officer, shall be entrusted to any responsible person under a proper receipt on an undertaking to produce
the same when required in case there is no cattle pound within a radius of five kilometres from the place
of such offence:
Provided that notwithstanding anything contained in section 57, in case of unclaimed cattle a Forest
Officer not below the rank of Range Officer, after giving sufficient publicity in the vicinity of the place of
offence for the owner to come forward to claim the cattle within seven days from the date when such
publicity has been given, may dispose them of by public auction.
(7) The provisions of the Cattle Trespass Act, 1871 (1 of 1871), shall apply in respect of the charges
to be levied for the upkeep and fee of the cattle.
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**Insertion of section 52A to 52D.—After section 52, insert the following sections, namely:–**
**52A. Revision before Court of Sessions against order of confiscation.–(1) Any party aggrieved by**
an order of confiscation under section 52 may within thirty days of the order or if facts of the confiscation
have not been communicated to him, within thirty days of knowledge of such order submit a petition for
revision to the Court of Sessions Division whereof the headquarters of Authorised Officer are situated.
**_Explanation_** **I.–In computing the period of thirty days under this sub-section, the time required for**
obtaining certified copy of the order of Authorised Officer shall be excluded.
**_Explanation II.–For the purposes of this sub-section a party shall be deemed to have knowledge of the_**
order of confiscation under section 52 on publication of such order in two daily newspapers having
circulation in the State.
(2) The Court of Sessions may confirm, reverse or modify any final order of confiscation passed by
the Authorised Officer.
(3) Copies of the order passed in revision shall be sent to the Authorised Officer for compliance or
passing such further order or for taking such further orders or for taking such further action as may be
directed by such Court.
(4) For entertaining, hearing and deciding a revision under this section, the Court of Sessions shall, as
far as may be, exercise the same powers and follow the same procedure as it exercises and follows while
entertaining, hearing and deciding a revision under the Code of Criminal Procedure, 1973.
(5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of
1974) the order of Court of Sessions passed under this section shall be final and shall not be called in
question before any Court.
**52B. Bar to jurisdiction of Courts etc. under certain circumstances.—(1) On receipt of report**
under sub-section (4) of Section 52 about intimation of proceedings for confiscation of property by the
Magistrate having jurisdiction to try the offence on account of which the seizure of property which is
subject matter of confiscation, has been made, no Court, Tribunal or Authority other than Authorised
Officer and Court of Sessions referred to in sections 52 and 52A shall have jurisdiction to make orders
with regard to possession, delivery, disposal or distribution of the property in regard to which proceedings
for confiscation are initiated under section 52, notwithstanding anything to the contrary contained in this
Act, or any other law for the time being in force.
**_Explanation.–Where under any law for the time being in force, two or more Courts have_**
jurisdiction to try the forest offences, then receipt of intimation under sub-section (4) of section 52 by
one of the Courts shall operate as bar to exercise jurisdiction on all such other Courts.
(2) Nothing in sub-section (1) shall affect the power saved under section 61 of the Act.
**52C. Power of search and seizure.–(1) Any Forest Officer or Police Officer may, if he has reason to**
believe that a vehicle has been or is being used for the transport of forest produce in respect of which
there is reason to believe that a forest offence has been or is being committed, require the driver or other
person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may
reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the
goods carried which are in the possession of such driver or other person in charge of the vehicle.
(2) Any forest officer not below the rank of Range officer, having reasonable grounds to believe that
forest produce is, in contravention of the provisions of this Act, in the possession of a person in any place,
may enter such place with the object of carrying out a search for the forest produce and its confiscation:
Provided that such search shall not be conducted otherwise than in accordance with the provisions
of the Code of Criminal Procedure, 1973.
-----
**52D. Penalty for forcibly opposing seizure.—Whosoever opposes the seizure of any forest-produce,**
tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article liable to
be seized under this Act, or forcibly receives the same after seizure, shall be punishable with
imprisonment for a term which may extend to two years or with fine which may extend to twenty five
thousand rupees, or with both.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Tripura**
**Insertion of new section.—After Section 52 of the Principal Act, the following new section shall**
**be inserted, namely:--**
**52A. Confiscation of saw mill etc.—(1) Where a Saw Mill is established, maintained or operated**
without a licence or without renewal of a licence the authorised officer may order confiscation of the
stock of wood together with whole or portion of the plants, machinery, implements, tools, and equipments
of the Saw Mill.
(2) Where the authorised officer seizes under sub-section (1) of Section 52 any forest produce or
where any such property is produced before the authorised officer after seizure by any Forest Officer and
he is satisfied that a forest offence has been committed in respect of such property, such authorised officer
may, whether or not a prosecution instituted for the commission of such forest offence, order confiscation
of the property so seized together with all tools, equipments, ropes, chains, boats, carts, vehicles and
cattle used in committing such offence.
(3) No order confiscating any property shall be made under Sub-Section (1) or Sub-section (2) unless
the person from whom the property is seized and in case the owner of such property is known, such
person is given—
(a) a notice in writing informing him the grounds on which it is proposed to confiscate such
property;
(b) an opportunity of making representation in writing within such reasonable time as may be
specified in the notice against the grounds for confiscation; and
(c) a reasonable opportunity of being heard in the matter.
(4) Any Forest Officer not below the rank of Conservator of Forsts empowered by the State
Government in this behalf by notification, may within 30 days from the date of order of confiscation by
the authorised officer under sub-section (1) or sub-section (2) either suo-moto or on application, call for
and examine the records of that order and may make such inquiry or cause such inquiry to be made and
pass orders as he may think fit.
Provided that no order prejudical to any person shall be passed without giving him an opportunity of
being heard.
(5) Any persons aggrieved by an order passed under sub-sections (l), (2) or (4) may within thirty days
from the date of communication to him of such order, appeal to the District Court having jurisdiction over
the area in which the property has been seized and the District Court shall after giving an opportunity to
the parties to be heard; pass such order as it may think fit and the order of the District Court so passed
shall be final. Where an order of confiscation of any property passed under sub-section (1) or
sub-section (2) or sub-section (4) has become final in respect of the whole or any portion of such
property; such property or the portion there of; as the case may be shall vest in the State Government free
from all encumbrances.
_Explanation.—For the purposes of this section authorised officer means an officer not below the rank_
of Assistant Conservator of Forest authorised by the State Government by notification.
[Vide the Tripura Act 8 of 1987, s. 3]
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**Uttar Pradesh**
**Amendment of section 52—In section 52 of the principal Act, —**
(i) in sub-section (1), for the words "vehicles or cattle" the words "vehicles, cattle, ropes, chains or
other articles" shall be substituted;
(ii) for sub-section (2), the following sub-sections shall be substituted, namely-
"(2) Any Forest Officer or Police Officer may, if he has reason to believe that a boat or vehicle has
been, or is being, used for the transport of any forest produce in respect of which a forest offence has
been, or is being, committed, require the driver or other person in charge of such boat or vehicle to stop it,
and he may detain such boat or vehicle for such reasonable time as is necessary to examine the contents in
such boat or vehicle and to inspect the records relating to the goods transported so as to ascertain the
claims, if any, of the driver or other person in charge of such boat or vehicle regarding the ownership and
legal origin of the forest produce in question.
(3) Every officer seizing any property under this section shall place on such property a mark
indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to
the Magistrate having jurisdiction to try the offence on account of which the seizure has been made, and if
the seizure is in respect of forest produce which is the property of the State Government, shall also make
a report to the authorised officer."]
[Vide Uttar Pradesh Act 1 of 2001, s. 6]
**Amendment of Sections 52, 53 and 55 of Act XVI of 1927—In sub-section (1) of Section 52 and**
Section 53 and 55 of the principal Act, for the word " Carts" wherever occurring the word "Vehicles"
shall be substituted.
[Vide Uttar Pradesh Act XXI of 1960, s. 7]
**Insertion of new sections 52-A, 52-B, 52-C and 52-D—**
**52-A. procedure on seizure—(1) Notwithstanding anything contained in this Act or any other law**
for the time being in force where a forest offence is believed to have been committed in respect of any
forest produce, which is the property of the State Government, the officer seizing the property under
sub-section (1) of section 52 shall, without unreasonable delay, produce it together with all the tools,
boats, vehicles, cattle, ropes, chains and other articles used in committing the offence, before an officer,
not below the rank of a Divisional Forest Officer, authorised by the State Government in this behalf, who
may, for reasons to be recorded, make an order in writing with regard to custody, possession, delivery,
disposal or distribution of such property, and in case of tools, boats, vehicles, cattle, ropes, chains and
other articles, may also confiscate them.
(2) The authorised officer shall, without any undue delay, forward a copy of the order made under
sub-section (1) to his official superior.
(3) Where the authorised officer passing an order under subsection (1) is of the opinion that the
property is subject to speedy and natural decay he may order the property or any part thereof to be sold by
public auction and may deal with the proceeds as he would have dealt with such property if it had not
been sold and shall report about every such sale to his official superior.
(4) No order under sub-section (1) shall be made without giving notice, in writing, to the person from
whom the property is seized, and to any other person who may appear to the authorised officer to have
some interest in such property:
Provided that in an order confiscating a vehicle, when the offender is not traceable, a notice in writing
to the registered owner thereof and considering his objections if any will suffice.
(5) No order of confiscation of any tool, boat, vehicle, cattle, rope, chain or other article shall be
made if any person referred to in sub-section (4) proves to the satisfaction of the authorised officer that
any such tool, boat, vehicle, cattle, rope, chain or other article was used without his knowledge or
-----
connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that
all reasonable recautions had been taken against use of the objects aforesaid for the commission of the
forest offence.
**52-B. Appeal—Any person aggrieved by an order of confiscation may, with in thirty days of the date**
of Communication to him of such order, prefer an appeal to the State Government and the State
Government shall, after giving an opportunity of being heard to the appellant and the authorised officer
pass such order as it may think fit confirming, modifying or annulling the order appealed against and the
order of the State Government shall be final.
**52-C.** **Order** **of confiscation** **not** **to** **prevent** **any** **other** **punishment—No** order of
confiscation under section 52-A or 52-B shall prevent the indication of any punishment to which the
person affected thereby may be liable under this Act.
**52-D. Bar of jurisdiction in** **certain cases—Notwithstanding anything to the contrary contained in**
this Act or in the code of Criminal Procedure, 1973 or in any other law for the time being in force,
whenever any forest produce belonging to the State Government together with any tool, boat, vehicle,
cattle, rope, chain or other article is seized under sub-section (1) of section 52, the authorised officer
under section 52-A or the State Government under section 52-B shall have jurisdiction, to the exclusion
of every other officer, court, Tribunal or authority, to make orders with regard to the custody, possession,
delivery, disposal or distribution of the property."]
[Vide Uttar Pradesh Act 1 of 2001, s. 7]
**Uttarakhand**
**Amendment of section 52.—In section 52 of the Principal Act—**
(i) in sub-section (1), for the words "carts or cattle" the words "vehicles, cattle, ropes, chains or
other articles" shall be substituted;
(ii) for sub-section (2), the following sub-sections shall be substituted, namely:-
"(2) Any Forest Officer or Police Officer may, if he has reason to believe that a boat or
vehicle has been, or is being, used for the transport of any forest produce in respect of which a
forest offence has been, or is being, committed, require the driver or other person in charge of
such boat or vehicle to stop it, and he may detain such boat or vehicle for such reasonable time as
is necessary to examine the contents in such boat or vehicle and to inspect the records relating to
the goods transported so as to ascertain the claims, if any, of the driver or other person in charge
of such boat or vehicle regarding the ownership and legal origin of the forest produce in question.
(3) Every officer seizing any property under this section shall place on such property a mark
indicating that the same has been so seized and shall, as soon as may be, make a report of such
seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure
has been made, and if the seizure is in respect of forest produce which is the property of the State
Government, shall also make a report to the authorised officer.".
[Vide Uttarakhand Act 10 of 2002, s. 6]
**Insertion of new section 52-A, 52-B, 52-C and 52-D.—After section 52 of the principal Act, the**
following sections shall be inserted, namely:-
**52-A. Procedure** **on seizure.—(1) Notwithstanding anything contained in this Act or any other**
law for the time being in force, where a forest offence is believed to have been committed in respect
of any forest produce, which is the property of the State Government, the officer seizing the property
under sub-section (1) of Section 52 shall, without unreasonable delay, produce it together with all the
tools, boats, vehicles, cattle, ropes, chains and other articles used in committing the offence before an
officer, not below the rank of a Divisional Forest Officer, authorised by the State Government in this
behalf, who may, for reasons to be recorded, make an order in writing with regard to custody,
possession, delivery, disposal or distribution of such property, and in case of tools, boats, vehicles,
cattle, ropes, chains and other articles, may also confiscate them.
-----
(2) The authorised officer shall, without any undue delay, forward a copy of the order made under
sub-section (1) to his official superior.
(3) Where the authorised officer passing an order under sub-section (1) is of the opinion that the
property is subject to speedy and natural decay he may order the property or any part thereof to be
sold by public auction and may deal with the proceeds as he would have dealt with such property if it
had not been sold and shall report about every sale to his official superior.
(4) No order under sub-section (1) shall be made without giving notice, in writing, to the person
from whom the property is seized, and to any other person who may appear to the authorised officer
to have some interest in such property :
Provided that in an order confiscating a vehicle, when the offender is not traceable, a notice in
writing to the registered owner thereof and considering his objections if any will suffice.
(5) No order of confiscation of any tool, boat, vehicle, cattle, ropes, chain or other article shall be
made if any person referred to in sub-section (4) proves to the satisfaction of the authorised officer
that any such tool, boat, vehicle, cattle, rope, chain or other article was used without his knowledge or
connivance or without the knowledge or connivance of his servant or agent, as the case may be, and
that all reasonable precautions had been taken against use of the objects aforesaid for the commission
of the forest offence.
**52-B. Appeal.—Any person aggrieved by an order of confiscation may, within thirty days of the**
date of communication to him of such order, prefer an appeal to the Conservator of Forests of the
circle who shall, after giving an opportunity of being heard to the appellant and the authorised officer,
pass such order as it may think fit confirming, modifying or annulling the order appealed against and
the order of the Conservator of Forests of the circle shall be final.
**52-C. Order of confiscation not** **to prevent any other punishment.—No order of confiscation**
under Section 52-A or 52-B shall prevent the infliction of any punishment to which the person
affected thereby may be liable under this Act.
**52-D. Bar of Jurisdiction in** **certain cases.—Notwithstanding anything to the contrary**
contained in this Act or in the Code of Criminal Procedure, 1973 or in any other law for the time
being in force, whenever any forest produce belonging to the State Government together with any
tool, boat, vehicle, cattle, rope, chain or other article is seized under sub-section (1) of Section 52, the
authorised officer under Section 52-A or the State Government under Section 52-B shall have
jurisdiction, to the exclusion of every other officer, court, Tribunal or authority, to make orders with
regard to the custody, possession, delivery, disposal or distribution of the property.".
[Vide Uttarakhand Act 10 of 2002, s. 7]
**Amendment of section 52 of Act XVI of 1927.—In section 52 of the principal act,--**
(a) after sub-section (1), the following sub-section shall be inserted namely :
"(1A) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has
been or is being used for the transport of forest produce in respect of which there is reason to believe
a forest offence has been or is being committed, require the driver or other person in charge of such
vehicle to stop the vehicle and cause it to remain stationary as long as may be reasonably be
necessary to examine the contents in the vehicle and inspect all records relating to the goods carried
which are in the possession of such driver or other person in charge of the vehicle";
(b) in sub-section (2) after the words "on such property," the words and brackets "or the
receptacle or vehicle (if any) in which it is contained," shall be inserted;
(ii) after the proviso, the following shall be added, namely :
"Provided further that, where the offence on account of which the seizure has been made in
respect of timber, sandalwood, firewood, charcoal or such other forest produce as may be notified by
the State Government, from time to time (hereinafter referred to as the "notified forest produce") and
-----
which is the property of the State Government, such officer shall make a report of such seizure also to
the concerned authorised officer under section 61A.
_Explanation.-For the purposes of this Chapter, the expression "property of Government" and_
"property of the State Government" include the property belonging to the Forest Development
Corporation of Maharashtra, Limited";’
(c) in the marginal note, for the word "confiscation" the words "confiscation and forfeiture" shall
be substituted.”
[Vide Maharashtra Act VII of 1985, s. 7]
**Maharashtra**
**Amendment of sections 52, 53 and 55 Act XVI of 1927.—In sections 52, 53 and 55 of the Indian Forest**
Act, 1927 (XVI of 1927), for the word “carts”, wherever it occurs, the word “vehicles” shall be
substituted.
[Vide Maharashtra Act XXV of 1953, s. 2]
**Bihar**
**Substitution of Section 52 of Act, XVI, 1927.—For Section 52 of the said Act, the following shall**
be substituted; namely:
"52. Seizure and its procedure for the property liable for confiscation.—(1) When there is
reason to believe that a forest offence has been committed in respect of any forest produce, such
produce, together with all tools, arms, boats, vehicles, ropes, chains or any other article used in
committing any such offence, may be seized by any Forest Officer or Police Officer.
(2) Every Officer seizing any property under this Section shall place on such property a mark
indicating that the same has been so seized and shall, as soon as may be, either produce the property
seized before an Officer not below the rank of the Divisional Forest Officer authorised by the State
Government in this behalf by notification (hereinafter referred to as the authorised officer) or where it
is, having regard to quantity of bulk or other genuine difficulty, not practicable to produce the
property seized before the authorised officer, or where it is intended to launch criminal proceedings
against the offender immediately, make a report of such seizure to the magistrate having jurisdiction
to try the offence on account of which the seizure has been made:
Provided that when the forest produce with respect to which such offence is believed to have
been committed is the property of Government and the offender is unknown, it shall be sufficient if
the Officer makes, as soon as may be, a report of the circumstances to his immediate superior.
(3) Subject to sub-section (5), where the Authorised Officer upon production before him of
property seized or upon receipt of report about seizure, as the case may be, is satisfied that a forest
offence has been committed in respect thereof, he may by order in writing and for reasons to be
recorded confiscate forest produce so seized together with all tools, arms, boats, vehicles, ropes,
chains or any other article used in committing such offence. The Magistrate having jurisdiction to try
the offence concerned may, on the basis of the report of the Authorised Confiscating Officer, cancel
the registration of a vehicle used in committing the offence, the licence of the vehicle-driver and the
licence of the arms. A copy of order on confiscation shall be forwarded without undue delay to the
Conservators of Forest of the forest-circle in which the forest produce, as the case may be, has been
seized.
(4) No order confiscating any property shall be made under sub-section (3) unless the Authorised
Officer
(a) sends an intimation about initiation of proceedings for confiscation of property to the
Magistrate having jurisdiction to try the offence on account of which the seizure has been made;
(b) issues a notice in writing to the person from whom the property is seized, and to any other
person who may appear to the authorised officer to have some interest in such property;
-----
(c) affords an opportunity to the persons referred to in clause (b) of making a representation
within such reasonable time as may be specified in the notice against the proposed confiscation;
and
(d) gives to the Officer effecting the seizure and the person or persons to whom notice has
been issued under clause (b), a hearing on date to be fixed for such purposes.
(5) No order of confiscation under sub-section (3) of any tools, arms, boats, vehicles, ropes,
chains or any other article (other than the forest produce seized) shall be made if any person referred
to in clause (b) of subsection (4) proves to the satisfaction of authorised officer that any such tools,
arms, boats, ropes, chains or other articles were used without his knowledge or convenience or as the
case may be, without the knowledge or convenience of his servant or agent and that all reasonable
and necessary precautions had been taken against use of the objects aforesaid for commission of
forest offence."
[Vide Bihar Act 9 of 1990, s. 5]
**Insertion of new Sections 52A, 52B, 52C and 52D in Act XVI of 1927.—After Section 52 of the said**
Act the following new Sections, shall be inserted, namely:
"52A. Appeal against the order of confiscation.—Any person aggrieved by an order of
confiscation may, within thirty days of the order, or if the fact of such order has not been
communicated to him within thirty days of date of knowledge of such order, prefer an appeal in
writing, accompanied by such fee payable in such form as may be prescribed, alongwith the certified
copy of order of confiscation to the District Magistrate (hereinafter referred to as Appellate
Authority) of the District in which the forest produce has been seized.
**Explanation.—(1) The time required for obtaining certified copy of order of confiscation shall**
be excluded while computing period of thirty days referred to in this sub-section.
(2) The Appellate Authority referred to in Section 52-A, may, where no appeal has been preferred
before him, "suo motu" if within thirty days of date of receipt of copy of order of confiscation by him,
and shall on presentation of memorandum of appeal issue a notice for hearing of appeal or, as the
case may be, of "suo motu" if action to the officer effecting seizure and to any other person (including
appellant, if any) who in the opinion of the Appellate Authority, is likely to be adversely affected by
the order of confiscation, and may send for the record of the case:
Provided that no formal notice of appeal need be issued to such amongst the appellant, Officer
effecting seizure and any other person likely to be adversely affected as aforesaid as may waive the
notice or as may be informed in any other manner of date of hearing of appeal by the Appellate
Authority.
(3) The Appellate Authority shall send intimation in writing of lodging of appeal or about "suo
_motu if action, to the Authorised Officer._
(4) The Appellate Authority may pass such order of "Interim" nature for custody, preservation or
disposal (if necessary) of the subject matter of confiscation, as may appear to be just or proper in the
circumstances of the case.
(5) The Appellate Authority, having regard to the nature of the case or the complexities involved,
may permit parties to the appeal to be represented by their respective legal practitioner.
(6) On the date fixed for hearing of the appeal or "suo motu" action, or on such date to which the
hearing may be adjourned, the Appellate Authority shall peruse the record and hear the parties to the
appeal if present in person, or through any agent duly authorised in writing or through a legal
practitioner, and shall thereafter proceed to pass an order of confirmation, reversal or modification
order of confiscation:
Provided that before passing any final order the Appellate Authority may if, it is considered
necessary for proper decision of appeal or for proper disposal of "suo motu" action make further
inquiry itself or cause it to be made by the Authorised Officer, and may also allow parties to file
-----
affidavits for asserting or refuting any fact that may arise for consideration and may allow proof of
facts by affidavits.
(7) The Appellate Authority may also pass such orders of consequential nature as it may deem
necessary.
(8) Copy of final order or an order of consequential nature, shall be sent to the Authorised Officer
for compliance or for passing any order appropriate order in conformity with the order of Appellate
Authority.
**52B. Petition for revision before Secretary, Forest and Environment Department**
**Government of Bihar against the order of the Appellate Authority.—(1) Any party to the appeal,**
aggrieved by final order or by order of consequential nature passed by the Appellate Authority, may
within thirty days of the order sought to be impugned, submit a petition for Revision to the Secretary,
Forest and Environment Department, Government of Bihar.
**_Explanation.—In computing the period of thirty days under this sub-section, the time requisite_**
for obtaining certified copy of Appellate Authority shall be excluded.
(2)The Secretary, Forest and Environment Department, Government of Bihar may confirm,
reverse or modify any final order or an order of consequential nature passed by the Appellate
Authority.
(3) Copies of the order passed in Revision shall be sent to the Appellate Authority and to the
Authorised Officer for compliance or for passing such further order or for taking such further action
as may be directed by such Court.
(4) For entertaining, hearing and deciding a Revision under this Section, the Secretary, Forest and
Environment, Department, Government of Bihar shall as far as may be, exercises the same powers
and follow the same procedure as exercised and followed while entertaining, hearing and deciding a
revision under the Code of Criminal Procedure, 1973 (Act No. 2 of 1974).
(5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973
(Act No. 2 of 1974) the order passed under this Section shall be final and shall not be called in
question before any Court.
**52C.** **Bar of Jurisdiction of Courts etc. in certain circumstances.—(1) On receipt of intimation**
under sub-section (4) of Section 52 about initiation of proceeding for confiscation of property by the
Magistrate having jurisdiction to try the offence on account of which the seizure of property which is
subject matter of confiscation, has been made, no Court, Tribunal or Authority (other than the
Authorised Officer, Appellate Authority and Revision Authority referred to in Sections, 52, 52A and
52B) shall have jurisdiction to make orders with regard to possession, delivery, disposal or
distribution of the property in regard to which proceedings for confiscation are initiated in this Act, or
any other law for the time being in force.
**_Explanation.—Where under any law for the time being in force, two or more courts have_**
jurisdiction to try forest offence, then on receipt of intimation under sub-section (4) of Section 52 by
one of the Courts of Magistrates having such jurisdiction shall be construed to be receipt of intimation
under that provision by all the Courts and the bar to exercise jurisdiction shall operate on all such
Courts.
(2) Nothing in sub-section (1) shall affect the power saved under Section 61.
**52D.** **Power of entry, inspection, search and seizure.—Notwithstanding anything contained in**
any other law for the time being in force any Forest Officer not below the rank of a Range Officer of
Forests or any Police Officer not below the rank of a Sub-Inspector, may, if he has reasonable
grounds to believe that any forest offence has been committed in contravention of this Act, enter
upon, inspect and search any place, premises, appurtenances thereto, land, vehicle or boat and seize
any illegal forest produce and all tools, arms, boats, vehicles, ropes, chains or any other article used in
committing such offence."
[Vide Bihar Act 9 of 1990, s. 6]
-----
**53. Power to release property seized under section 52.—Any Forest-officer of a rank not inferior to**
that of a Ranger who, or whose subordinate, has seized any tools, boats, carts or cattle under section 52,
may release the same on the execution by the owner thereof a bond for the production of the property so
released, if and when so required, before the Magistrate having jurisdiction to try the offence on account
of which the seizure has been made.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 53.-For section 53, substitute the following section, namely:–**
**“53. Power to release property seized under section 52.—Any forest officer of a rank not**
inferior to that of a Range Officer, who, or whose subordinate, has seized any tools, arms, boats,
carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any
forest offence, including the forest produce, under section 52, may release the same on the execution
by the owner thereof, of a security in a form of a bank guarantee, of an amount not less than the value
of such property, as estimated by such officer, for the production of the property so released when so
required by the Magistrate having jurisdiction to try the offence or by the authorised officer
empowered under sub-section (2) of section 52, on account of which the seizure has been made:
Provided that when any forest produce is seized at a remote location from where it is not practicable to
transport it immediately, the officer who, or whose subordinate has effected such seizure under section
52, may entrust the same (Supardnama) to any responsible person on the execution of a bond thereof, by
such person, for the production of the property so entrusted if and when required by the Magistrate having
jurisdiction to try the offence or before the authorised officer empowered under sub-section (2) of section
52, on account of which the seizure has been made.”
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
**Orissa**
**Amendment of sections 52 and 53, (16 of 1927).—In section 52 and 53 of the said Act, for the word**
“carts” wherever it occurs the word “vehicle” shall be substituted.
[Vide the Orissa Act 11 of 1954, s. 3]
**Tripura**
**Amendment of section 53.—In section 53 of the principal Act, for the words “carts or cattle”, the**
words and mark “carts, vehicles or cattle” shall be substituted.
[Vide the Tripura Act 10 of 1984, s. 6]
**Uttar Pradesh**
**Amendment of section 53—In section 53 of the principal Act,--**
(i) for the words "vehicles or cattle" the words "vehicles, cattle, ropes, chains or other articles"
shall be substituted.
(ii) after the words "the seizure has been made" the words "except in respect of cases falling
under section 52-A for which the procedure laid down in that section shall be followed" shall be
inserted.]
**[Vide Uttar Pradesh Act 1 of 2001, s. 8]**
**Uttarakhand**
**Amendment of section 53.—In section 53 of the principal Act,--**
(i) or the words "carts or cattle" the words "vehicle, cattle, ropes, chains or other articles" shall be
substituted;
(ii) after the words "the seizure has been made" the words "except in respect of cases falling
under Section 52-A for which the procedure laid down in that section shall be followed" shall be
inserted.
-----
[Vide Uttarakhand Act 10 of 2002, s. 8]
**Maharashtra**
**Amendment of section 53 of Act XVI of 1927.—In section 53 of the principal Act, for the words**
and figures "under section 52, may release" the words, figures and letter "under section 52 may, subject to
section 61G, release" shall be substituted.
[Vide Maharashtra Act VII of 1985, s. 8]
**Maharashtra**
**Amendment of sections 52,53 and 55 Act XVI of 1927.—In sections 52, 53 and 55 of the Indian**
Forest Act, 1927 (XVI of 1927), for the word “carts”, wherever it occurs, the word “vehicles” shall be
substituted.
[Vide Maharashtra Act XXV of 1953, s. 2]
**54. Procedure thereupon.—Upon the receipt of any such report, the Magistrate shall, with all**
convenient is despatch, take such measures as may be necessary for the arrest and trial of the offender and
the disposal of the property according to law.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 54.-For section 54, substitute the following section, namely:-**
**“54. Receipt of report of seizure by Magistrate and procedure thereupon.- Upon the receipt**
of any report under sub-section (4) of section 52, the Magistrate shall, with all convenient dispatch,
take such measures as may be necessary for the arrest and trial of the offender and the disposal of the
property according to law:
Provided that before passing any order for disposal of property the Magistrate shall satisfy
himself that no intimation under sub-section (4) of section 52 has been received by his court or by any
other court having jurisdiction to try the offence on account of which the seizure of property has been
made.”
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Maharashtra**
**Substitution of section 54 of Act XVI of 1927.—For section 54 of the principal act, the following**
section shall be substituted, namely:
## “54. Procedure on receipt by Magistrate of report of seizure.— Upon the receipt of any report
under sub-section (4) of section 52, the Magistrate shall, with all convenient dispatch, take such measures
as may be necessary for the arrest and trial of the offender and the disposal of the property according to
law:
[Vide Maharashtra Act VII of 1985, s. 9]
**55. Forest-produce, tools, etc., when liable to confiscation.—(1) All timber or forest-produce**
which is not the property of [1][Government] and in respect of which a forest-offence has been committed,
and all tools, boats, carts and cattle used in committing any forest-offence, shall be liable to confiscation.
(2) Such confiscation may be in addition to any other punishment prescribed for such offence.
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 55 of Act 16 of 1927.—In section 55 of the principal Act,—**
(a) in sub-section (1), for the words “shall be liable by order of the convicting court to forfeiture” the
words “shall be liable to confiscation” shall be substituted;
1. Subs. by the A.O. 1950, for “Crown”.
-----
(b) in sub-section (2), for the word “forfeiture” the word “confiscation” shall be substituted;
(c) in the marginal note, for the word “forfeiture” the word “confiscation” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 6]
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 55.– For sub-section (1), substitute the following sub-section:–**
(1) All timber or forest produce which in either case is not the property of the Government and in
respect of which a forest offence has been committed, and all tools, arms, boats, carts, equipment,
ropes, chains, machines, vehicles, cattle or any other article, in each case used in committing any
forest offence shall, subject to the provisions of section 52, 52A and 52B, be liable to confiscation
upon conviction of the offender for such offence.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020.)]
**Uttar Pradesh**
**Amendment of section 55—In section 55 of the principal Act, in sub-section (1) for the words**
“vehicle and cattle used in committing any forest offence” the words “vehicles, cattle, ropes, chains and
other articles used in committing such forest office” shall be substituted.
[Vide Uttar Pradesh Act 1 of 2001, s. 9]
**Uttarakhand**
**Amendment of section 55.—In section 55 of the principal Act, in sub-section (1) for the words**
“Carts and cattle used in committing any forest offence” the words “vehicles, cattle, ropes, chains and
other articles used in committing forest offence” shall be substituted.
[Vide Uttarakhand 10 of 2002, s. 9]
**Maharashtra**
**Amendment of section 55 of Act XVI of 1927.—In section 55 of the principal Act,--**
(a) in sub-section (1), for the words “shall be liable to confiscation,” the words, figures and letter
“shall, subject to section 61G, be liable by order of the convicting court to forfeiture.”, shall be
substituted;
(b) in sub-section (2), for the word “confiscation” the word “forfeiture” shall be substituted;
(c) in the marginal note, for the word “confiscation” the word “forefeiture” shall be substituted.
[Vide Maharashtra Act VII of 1985, s. 10]
**Maharashtra**
**Amendment of sections 52,53 and 55 Act XVI of 1927.—In sections 52, 53 and 55 of the Indian Forest**
Act, 1927 (XVI of 1927), for the word “carts”, wherever it occurs, the word “vehicles” shall be
substituted.
[Vide Maharashtra Act XXV of 1953, s. 2]
**56. Disposal on conclusion of trial for forest-offence, of produce in respect of which it was**
**committed. —When the trial of any forest-offence is concluded, any forest-produce in respect of which**
such offence has been committed shall, if it is the property of [1][Government] or has been confiscated, be
taken charge of by a Forest-officer, and, in any other case, may be disposed of in such manner as the
Court may direct.
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 56 of Act 16 of 1927.—In section 56 of the principal Act, for the word**
“forfeited” the word “confiscated” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 7].
-----
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 56.-For the words “When the trial of”, substitute the words, figures and letter, “Without**
prejudice to the provisions of section 52C, when the trial of”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Maharashtra**
**Amendment of section 56 of Act XVI of 1927.—In section 56 of the principal Act,--**
(a) for the word “confiscated” the word “forefeited” shall be substituted;
(b) for the words “in any other case, may be disposed of” the words, figures and letters “in any
other may, subject to section 61G, be disposed of” shall be substituted.
[Vide Maharashtra Act VII of 1985, s. 11]
**57. Procedure when offender not known or cannot be found.—When the offender is not known or**
cannot be found, the Magistrate may, if he finds that an offence has been committed, order the property in
respect of which the offence has been committed to be confiscated and taken charge of by the Forestofficer or to be made over to the person whom the Magistrate deems to be entitled to the same:
Provided that no such order shall be made until the expiration of one month from the date of seizing
such property, or without hearing the person, if any, claiming any right thereto, and the evidence, if any,
which he may produce in support of his claim.
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 57 of Act 16 of 1927.—In section 57 of the–principal Act, for the word**
“forfeited” the word “confiscated” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 8].
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 57.-For section 57, substitute the following section, namely:–**
**“57. Procedure when the offender is not known or cannot be found.–When the offender is not**
known or cannot be found the Magistrate may, if he finds that an offence has been committed, but subject
to section 52B, order the property in respect of which offence has been committed, to be confiscated or
forfeited together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or
any other article used in committing the offence, and taken charge of by the Forest officer, or to be made
over to the person whom the Magistrate deems to be entitled to the same:
Provided that, no such order shall be made until the expiration of one month from the date of seizing such
property or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he
may produce in support of his claim.”
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Uttar Pradesh**
**Amendment of section 57—In section 57 of the principal Act, for the words “The Magistrate may” the**
words “the Magistrate, subject to section 52-D may.” shall be substituted.
[Vide Uttar Pradesh Act 1 of 2001, s. 10]
**Uttarakhand**
**Amendment of section 57.—In section 57 of the principal Act, for the words “The Magistrate may”**
the words “The Magistrate, subject to section 52-D, may” shall be substituted.
[Vide Uttarakhand Act 10 of 2002, s. 10]
-----
**Maharashtra**
**Amendment of section 57 of Act XVI of 1927.—In section 57 of the principal Act, for the portion**
beginning with the words “the Magistrate may” and ending with the words “to be confiscated” the
following shall be substituted, namely:-
“the Magistrate may, if he finds that an offence has been committed, but subject to section 61G,
order the property in respect of which the offence has been committed, to be forfeited together with
tools, boats, vehicles or cattle and other articles used in committing the offence.”.
[Vide Maharashtra act VII of 1985, s. 12]
**58. Procedure as to perishable property seized under section 52.—The Magistrate may,**
notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52
and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such
property if it had not been sold.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 58.-For section 58, substitute the following section, namely:–**
**58. Procedure as to perishable property seized under section 52.** — The Authorised Officer
under sub-section (2) of section 52, or the Magistrate may, notwithstanding anything hereinbefore
contained, direct the sale of any property seized under section 52 and subject to speedy and natural
decay, and may deal with the proceeds as he would have dealt had it not been sold.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Uttar Pradesh**
**Amendment of section 58—Ins section 58 of the principal Act, for the words “The Magistrate may,**
notwithstanding anything hereinbefore contained,” the words “Notwithstanding anything hereinbefore
contained, but subject to sub-section (3) of section 52-A, the Magistrate may,” shall be substituted.
[Vide Uttar Pradesh Act 1 of 2001, s. 11]
**Uttarakhand**
**Amendment of section 58.—In section 58 of the principal Act for the words “The Magistrate may,**
notwithstanding anything herein before contained,” the words, “Notwithstanding anything hereinbefore
contained, but subject to sub-section (3) of section 52-A, the magistrate may” Shall be substituted.
[Vide Uttarakhand Act 10 of 2002, s. 11]
**Maharashtra**
**Substitution of section 58 of Act XVI of 1927.—For section 58 of the principal Act, the following**
section shall be substituted namely:-
“58. Procedure as to perishable seized under section 52.—The Forest-officer who made the
seizure under section 52 may, notwithstanding anything contained in this Act or any other law, sell
any property seized under section 52 and subject to speedy and natural decay, and may deal with the
proceeds as he would have dealt with such property if it had not been sold and shall report about
every such sale to his official superior.”.
[Vide Maharashtra Act VII of 1985, s. 13]
**59. Appeal from orders under section 55, section 56 or section 57.—The officer who made the**
seizure under section 52, or any of his official superiors, or any person claiming to be interested in the
property so seized, may, within one month from the date of any order passed under section 55, section 56
or section 57, appeal therefrom to the Court to which orders made by such Magistrate are ordinarily
appealable, and the order passed on such appeal shall be final.
-----
**60. Property when to vest in [1][Government].—When an order for the confiscation of any property**
has been passed under section 55 or section 57, as the case may be, and the period limited by section 59
for an appeal from such order has elapsed, and no such appeal has been preferred, or when on such an
appeal being preferred, the Appellate Court confirms such order in respect of the whole or a portion of
such property, such property or such portion thereof, as the case may be, shall vest in the [1][Government]
free from all incumbrances.
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 60 of Act 16 of 1927.—In section 60 of the principal Act, for the word**
“forfeiture” the word “confiscation” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 9]
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 60.—Renumbered as sub-section (2) thereof, and, before sub-section (2) as so renumbered,**
insert the following sub-section, namely:–
(1) Property ordered to be confiscated by an authorised officer under section 52, subject to the
result of revision before Court of Sessions under section 52A shall upon conclusion of proceedings in
revision, vest in the Government free from all encumbrances:
Provided that if no revision is preferred under section 52A, such vesting shall take effect on
expiry of period specified for the submitting petition for revision under section 52A.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Uttar Pradesh**
**Amendment of section 60—Section 60 of the principal Act shall be renumbered as sub-section (1)**
thereof and ‘after sub-section (1) as so renumbered the following sub-section shall be inserted, namely:
“(2) When an order for confiscation has been passed under section 52-A and the period of
limitation for an appeal or revision has elapsed and no appeal or revision has been preferred or when
in appeal or revision the order for confiscation for whole or a portion of the property has been
confirmed, the property or such portion, as the case may be, shall vest in the State Government free
from all encumbrances.”]
[Vide Uttar Pradesh Act 1 of 2001, s. 12]
**Maharashtra**
**Amendment of section 60 of Act XVI of 1927.—In section 60 of the principal act, for the words**
“confiscation” the word “forfeiture” shall be substituted.
[Vide Maharashtra act VII of 1985, s. 14]
**Uttarkhand**
**Amendment of section 60.— Section 60 of the principal Act shall be renumbered as sub-section (1)**
thereof and after sub-section (1) as so renumbered the following sub-section shall be inserted, namely:-
"(2) When an order for confiscation has been passed under Section 52-A and the period of
limitation for an appeal or revision has elapsed and no appeal or revision has been preferred or when
an appeal or revision the order for confiscation for whole or a portion of the property has been
confirmed, the property or such portion, as the case may be, shall vest in the State Government free
from all encumbrances.".
[Vide Uttaranchal Act 24 of 2014, s. 12]
1. Subs. by the A.O. 1950, for “Crown”.
-----
**61. Saving of power to release property seized.—Nothing hereinbefore contained shall be deemed**
to prevent any officer empowered in this behalf by the [1][State Government] from directing at any time the
immediate release of any property seized under section 52.
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 61A of Act XVI of 1927.—In section 61A of the principal Act,—**
(a) for sub-section (3), the following sub-section shall be substituted:—
“(3) Where any timber, sandalwood, firewood, charcoal or any other notified forest-produce, which is
the property of the State Government, is seized under sub-section (1) of section 52, or any such
forest-produce is produced before any authorised officer under sub-section (1) and he is satisfied that a
forest-offence has been committed in respect of such forest-produce, notwithstanding whether or not a
prosecution is instituted for the commission of such offence, such authorised officer shall order the forestproduce so seized to be taken charge of by a Forest-officer, and may order confiscation of all tools, boats,
vehicles and cattles used in committing such offence.”;
(b) in sub-section (4),—
(i) for clause (a), the following clause shall be substituted, namely:—
“(a) where the authorised officer, after passing an order of confiscation under sub-section (3), is of the
opinion that it is expedient in the public interest so to do, he may order sale of all confiscated tools, boats,
vehicles and cattles.”;
(ii) in clause (b),—
(1) the words “property or the” shall be deleted;
(2) for the word “auction” the word “sale” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 10]
**Amendment of section 61B of Act 16 of 1927.—In section 61B of the principal Act,—**
(a) in sub-section (1), the words “any timber, sandalwood, firewood, charcoal or any other notified
forest-produce,” shall be deleted;
(b) after sub-section (2), the following sub-section shall be added, namely:—
“(3) When the offender or the owner of any tool, boat, vehicle or cattle seized under, sub-section (1)
of section 52 is not known or cannot to found, and the authorised officer is satisfied that the same has
been used in committing a forest-offence in respect of timber, fire-wood, sandalwood, charcoal or any
other notified forest-produce which is the property of the State Government, notwithstanding anything
contained in the foregoing provisions, the authorised officer may pass order in accordance with the
provisions contained in section 61A:
Provided that, no such order shall be made until the expiration of a period of thirty days form the date
of seizing such property or without hearing the person claiming any right thereto.”.
[Vide Maharashtra Act 21 of 2015, s. 11].
**Substitution of section 61F of Act 16 of 1927.—For section 61F of the principal Act, the following**
section shall substituted, namely:—
**61F. Property etc. confiscated when to vest in Government.—When an order for confiscation of**
any property has been passed under section 61A or section 61C, and the period of limitation provided by
section 61D for filing an appeal against such order has elapsed, and no such appeal has been preferred or
when on such an appeal being preferred, the Appellate Court confirms such order in respect, of the whole
or a portion of such property, such property of such portion thereof, or if it has been sold under section 58
or under clause (a) of sub-section (4) of section 61A, the sale proceeds thereof, as the case may be, shall
vest in the State Government free from all encumbrances.”.
1. Subs. by the A.O. 1950, for “Provincial Government”.
-----
[Vide Maharashtra Act 21 of 2015, s. 12].
**Amendment of section 61G of Act 16 of 1927.—In section 61G of the principal Act, for the word**
“offence” the words “forest-offence in respect of such property” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 13]
**Uttar Pradesh**
**Insertion of new sections 61-B and 61-C-After section 61-A of the principal Act, the following**
sections shall be inserted namely:
"61-B. Summary eviction of unauthorised occupants—(1) If a Forest Officer, not below the
rank of a Divisional Forest officer, is of the opinion that any person is in unauthorised occupation of
any land in areas constituted as a reserved or protected forest under section 20 or section 29 as the
cases may be, and that he should be evicted, the Forest Officer shall issue a notice in writing calling
upon the person concerned to show cause, on or before such date as is specified in the notice, why an
order of eviction should not be made.
(2) If after considering the cause, if any, shown in pursuance of a notice under this section, the
Forest Officer is satisfied that the said land is in unauthorised occupation he may make an order of
eviction for reasons to be recorded therein, directing that the said land shall be vacated by such date,
as may be specified in the order, by the person concerned, which shall not be less than ten days from
the date of the order.
(3) If any person refuses or fails to comply with the order of eviction by the date specified in the
order, the Forest Officer who made the order under sub-section (2) or any other Forest Officer, duly
authorised by him in this behalf, may evict that person from and take possession of the said land and
may, for this purpose, use such force as may be necessary.
(4) Any person aggrieved by an order of the Forest Officer under sub-section (2) may, within
such period and in such manner as may be prescribed, appeal against such order to the Conservator of
Forests of the circle or to such officer as may be authorised by the State Government in this behalf
and the order of the Forest Officer shall, subject to the decision in such appeal, be final.
**61-C. Disposal of Property left on land by unauthorised occupant—(1) Where any person has**
been evicted from any land under section 61-B, the Forest Officer may, after giving not less than ten
days notice to the person from whom possession of the land has been taken, remove or cause to be
removed or dispose of, by public auction, any property remaining on such land including any material
of a demolished building or standing crop.
(2) Where any property is sold under sub-section (1) the sale proceeds thereof shall, after
deducting the expenses of the sale and the expenses necessary to restore the land to its original
condition, be paid to the person concerned."]
[Vide Uttar Pradesh Act 1 of 2001, s. 13]
**Addition of new section 61-A. –After section 61 of the principal Act, the following new section shall be**
added, namely—
**61-A. Summary eviction of persons convicted of certain offences.—Where a Court convicts**
any person of an offence sunder clause (a), clause (b) or clause (h) of sub-section (1) of section 26
of clause (c) or clause (h) of sub-section (1) of section 33, it may, when passing judgment, direct
the eviction of such person from any land in respect of which the offence has been committed.
(2) Any court of appeal or or revision may direct any order under sub-section (1) passed by a
Court subordinate there to be stayed pending consideration by the former Court and may modify, alter
or annul such order.”
[Vide Uttar Pradesh Act XXIII of 1965, s. 14]
-----
**Uttarakhand**
**Insertion of new sections 61-A and 51-B.—After section 61-A of the principal act, the following**
sections shall be inserted, namely:
"61-A. Summary eviction of unauthorised occupants.—(1) If a Forest Officer, not below the rank
of a Divisional Forest Officer, is of the opinion that any person is in unauthorised occupation of any land
in areas constituted as a reserved or protected forest under Section 20 or Section 29, as the case may be,
and that he should be evicted, the Forest Officer shall issue a notice in writing calling upon the person
concerned to show cause, on or before such date as is specified in the notice, why an order of eviction
should not be made.
(2) If after considering the cause, if any, shown in pursuance of a notice under this section, the Forest
Officer is satisfied that the said land is in unauthorised occupation, he may make an order of eviction for
reasons to be recorded therein, directing that the said land shall be vacated by such date, as may be
specified in the order, by the person concerned, which shall not be less than ten days from the date of the
order.
(3) If any person refuses or fails to comply with the order of eviction by the date specified in the
order, the Forest Officer who made the order under sub-section (2) or any other Forest Officer, duly
authorised by him in this behalf, may evict that person from and take possession of the said land and may,
for this purpose, use such force as may be necessary.
(4) Any person aggrieved by an order of the Forest Officer under sub-section (2) may, within such
period and in such manner as may be prescribed, appeal against such order to the Conservator of Forests
of the circle or to such officer as may be authorised by the State Government in this behalf and the order
of the Forest Officer shall, subject to the decision in such appeal, be final.
**61-B. Disposal of property left on land by unauthorised occupant.—(1) Where any person has**
been evicted from any land under Section 61-B, the Forest Officer may, after giving not less than ten days
notice to the person from whom possession of the land has been taken remove or cause to be removed or
dispose of, by public auction, any property remaining on such land including any material of a
demolished building or standing crop.
(2) Where any property is sold under sub-section (1) the sale proceeds thereof shall, after deducting
the expenses of the sale and the expenses necessary to restore the land to its original condition, be paid to
the person concerned.".
[Vide Uttarakhand Act 10 of 2002, s. 13]
**Maharashtra**
**Amendment of section 61 of Act XVI of 1927.—In section 61 of the principal act, for the words and**
figures “seized under section 52” the following shall be substituted, namely:
“seized under section 52 which is not the property of Government and the withdrawal of any charge
made in respect of such property.”.
[Vide Maharashtra Act VII of 1985, s. 15]
**Insertion of section 61A of 61G in act XVI of 1927.—After section 61 of the principal act, the**
following sections shall be inserted namely:-
**“61A. Confiscation by Forest officer of forest produce where forest offence is believed to have**
**been committed.-(1) Notwithstanding anything contained in the foregoing provisions of this Chapter or**
any other law, where a forest offence is believed to have been committed in respect of timber,
sandalwood, firewood, charcoal or any other notified forest produce which is the property of State
Government, the officer seizing the property under sub-section (1) of section 52 shall, without any
unreasonable delay produce it, together with all tools, boats, vehicles and cattle used in committing such
offence, before an officer authorised by the State Government in this behalf by notification in the Official
Gazette, not being an officer below the rank of an Assistant Conservator of Forests (hereinafter referred to
as "the authorised officer").
-----
(2) The State Government may authorize one or more officers for any local area under
sub-section (1).
(3) Where an authorised officer seizes under sub-section (1) of section 52 any timber, sandalwood,
firewood, charcoal or any other notified forest produce which is the property of the State Government or
any such property is produced before an authorised officer under sub-section (1) and he is satisfied that a
forest offence has been committed in respect of such property, such authorised officer may, whether or
not a prosecution is instituted for the commission of such forest offence, order confiscation of the
property so seized together with all tools, boats, vehicles and cattle used in committing such offence.
(4) (a) Where the authorised officer, after passing an order of confiscation under sub-section (3), is of
the opinion that it is expedient in the public interest so to do, he may order the confiscated property or any
part thereof and the tools, boats, vehicles and cattle to be sold by public auction,
(b) Where any confiscated property or the tools, boats, vehicles and cattle are sold, aforesaid, the
proceeds thereof, after deduction of the expenses of any such auction or other incidental expenses relating
thereto shall, where the order of confiscation made under this section is set aside or annulled by an order
under section 61C or 61D, be paid to the owner thereof or to the person from whom it was seized as may
be specified in such order.
**61B.** **Issue of show** **cause** **notice** **before** **confiscation** **under** **section**
**61A.—(1) No order confiscating any timber, sandalwood, firewood, charcoal or any other notified forest**
produce, tools, boats, vehicles or cattle shall be made under section 61A except after notice in writing to
the person from whom it is seized and considering his objections, if any :
Provided that no order confiscating a motor vehicle shall be made except after giving notice in
writing to the registered owner thereof, if in the opinion of the authorised officer it is practicable to do so,
and considering his objections, if any.
(2) Without prejudice to the provisions of sub-section (1), no order confiscating a tool, boat, vehicle
or cattle shall be made under section 61A if the owner of the tool, boat, vehicle or cattle proves to the
satisfaction of the authorised officer that it was used in carrying the timber, sandalwood, firewood,
charcoal or any other notified forest produce without the knowledge or connivance of the owner himself,
his agent, if any, and the person in charge of the tool, boat, vehicle or cattle and that each of them had
taken all reasonable and necessary precautions against such use.
**61C. Revision.—Any Forest Officer not below the rank of Conservator of Forests specially**
empowered by the State Government in this behalf by notification in the Official Gazette, may suo motu
call for and examine the record of the order of the authorised officer under section 61 A; and may make
such inquiry or cause such inquiry to be made and may pass such orders as he deems fit :
Provided that no such record shall be called for after the expiry of 30 days from the date of such
order, and no order under this section shall be passed if in the meanwhile, an appeal has been filed under
section 61D against the order of the authorised officer :
Provided further that no order prejudicial to a person shall be passed under this section without giving
him an opportunity of being heard.
**61D. Appeal.—(1) Any person aggrieved by any order passed under section 61A or section 61C**
may, within thirty days from the date of communication to him of such order, appeal to the Sessions
Judge having jurisdiction over the area in which the property and the tools, boats, vehicles and cattle to
which the order relates has been seized and the Sessions Judge shall, after giving an opportunity to the
appellant and the authorised officer or the officer specially empowered under section 61C, as the case
may be, to be heard, pass such order as he may think fit confirming, modifying or annulling the order
appealed against.
(2) An order of the Session Judge under sub-section (1) shall be final and shall not be questioned in
any Court.
**61E. Award of confiscation not to interfere with other punishments.—The award of any**
confiscation under section 61A or section 61C or section 61D shall not prevent the infliction of any
-----
punishment to which the person affected thereby is liable under this Act or any other law for the time
being in force.
**61F. Property etc., confiscated when to vest in Government.—When an order for confiscation of**
any property or any tools, boats, vehicles or cattle is passed under section 61A or section 61C or Section
61D and such order has become final in respect of the whole or any portion of such property, or tool,
boat, vehicle or cattle, such property or portion thereof or tool, boat vehicle or cattle or if it has been sold
under clause (a) of sub-section (4) of section 61A, the sale proceeds thereof, as the case may be, shall vest
in the State Government free from all encumbrances.
**61G. Bar of jurisdiction in certain cases.—Whenever any timber, sandalwood, firewood, charcoal**
or any other notified forest produce which is the property of the State Government, together with any tool,
boat, vehicle or cattle used in committing any offence is seized under sub-section (1) of section 52, the
authorised officer under section 61A or the officer specially empowered under section 61C or the
Sessions Judge hearing the appeal under section 61D shall have, and notwithstanding anything to the
contrary contained in this Act or in the Code of Criminal Procedure, 1973, or in any other law for the time
being in force, any other officer, Court, Tribunal or authority shall not have, jurisdiction to make orders
with regard to the custody, possession, delivery, disposal or distribution of such property and any tool,
boat, vehicle or cattle."
[Vide Maharashtra Act VII of 1985, s. 16]
**62. Punishment for wrongful seizure.—Any Forest-officer or Police-officer who vexatiously and**
unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act
shall be punishable with imprisonment for a term which may extend to six months, or with fine which
may extend to five hundred rupees, or with both.
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 62 of Act 16 of 1927.—In section 62 of the principal Act, in sub-section (1),**
the words “or forfeiture” shall be deleted.
[Vide Maharashtra Act 21 of 2015, s. 14]
**Maharashtra**
**Amendment of section 62 of Act XVI of 1927.—Section 62 of the principal act shall be re-numbered as**
sub-section (1) thereof and,-
(a) in sub-section (1) as so re-numbered, for the word “confiscation” the words “confiscation or
forfeiture” shall be substituted.
(b) after sub-section (1) as so re-numbered, the following sub-section shall be added, namely:
“(2) Any fine so imposed, or any portion thereof, shall, if the convicting court so directs, be given
as compensation to the person aggrieved by such seizure.”
[Vide Maharashtra Act VII of 1985, s. 17]
**63. Penalty for counterfeiting or defacing marks on trees and timber and for altering**
**boundary-marks,—Whoever, with intent to cause damage or injury to the public or to any person, or to**
cause wrongful gain as defined in the Indian Penal Code (45 of 1860),—
(a) knowingly counterfeits upon any timber or standing tree a mark used by Forest-officers to
indicate that such timber or tree is the property of the [1][Government] or of some person, or that it may
lawfully be cut or removed by some person; or
(b) alters, defaces or obliterates any such mark placed on a tree or on timber by or under the
authority of a Forest-officer; or
1. Subs. by the A.O. 1950, for “Crown”.
-----
(c) alters, moves, destroys or defaces any boundary-mark of any forest or waste-land to which the
provisions of this Act are applied,
shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with
both.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 63.-For the words, “or with fine”, substitute the words “or with fine which may extend to**
twenty-five thousand rupees”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**64. Power to arrest without warrant.—(1) Any Forest-officer or Police-officer may, without orders**
from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of
his having been concerned in any forest-offence punishable with imprisonment for one month or upwards.
(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to
the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate
having jurisdiction in the case, or to the officer in charge of the nearest police-station.
(3) Nothing in this section shall be deemed to authorise such arrest for any act which is an offence
under Chapter IV unless such act has been prohibited under clause (c) of section 30.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 64A.-After section 64, insert the following section, namely:-**
**64A. Offences non-bailable.-Notwithstanding anything contained in this Act or in the Code of**
Criminal Procedure, 1973 (2 of 1974), all offences under this Act other than those compoundable under
section 68 shall be non-bailable.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central
Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Maharashtra**
## Amendment of section 64 of Act XVI of 1927.—In section on 64 of the principal act, in sub
section (1), for the words “Any Forest Officer or Police Officer”, the words “Any Forest Officer, Police
Officer or Revenue Officer” shall be substituted.
[Vide Maharashtra Act VI of 961, s. 10]
**65. Power to release on a bond a person arrested.—Any Forest-officer of a rank not interior to that**
of a Ranger, who, or whose subordinate, has arrested any person under the provisions of section 64, may
release such person on his executing a bond to appear, if and when so required, before the Magistrate
having jurisdiction in the case, or before the officer in charge of the nearest police station.
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 65A of Act 16 of 1927.—In section 65A of the principal Act, in clause (b),**
for the words, figures, brackets and letters “Section 26, clauses (a), (b), (f), (g), (h) and (i) of
sub-section (1)”, the words, figures, brackets and letters “Section 26, clauses (a), (b), (d), (f), (g), (h) and
(i) of sub-section (1) and sub-section (4)” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 15]
-----
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 65A and 65B.-After section 65, insert the following sections, namely:–**
**65A.Requisition for police assistance.—Any forest officer may requisition the services of any police**
officer to assist him for all or any of the purposes specified in sections 52, 63 and 64 and it shall be the
duty of every such officer to comply with such requisition.
**65B. Police officers bound to seek technical clearance from Authorized Officer.—Any police**
officer seizing any property under the provisions of this Act or rules framed there under shall be bound to
seek technical clearance of the authorized officer to lodge a complaint to the magistrate under section 52
of this Act.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Uttar Pradesh**
**Insertion of new section 65-A—After section 65 of the principal Act, the following section shall be**
inserted, namely:—
**“65-A. Certain offences to be non-bailable—(1) Notwithstanding anything contained in this**
Act or in the Code of Criminal Procedure, 1973 any offence punishable under section 26, or section
33 or section 42 or section 63 shall be non-bailable.
(2) No person accused of any offence as aforesaid shall, if in custody, be released on application
for released on bail or on his own bond unless—
(a) the prosecution has been given an opportunity to oppose the application for such release,
and
(b) Where the prosecution opposes the application as aforesaid the court is satisfied that there
are reasonable grounds for believing that he is not guilty of such offence."]
[Vide Uttar Pradesh Act 1 of 2001, s. 14]
**Uttarakhand**
**Insertion of new section 65-A.—After section 65 of the principal Act, the following sections shall be**
inserted, namely:-
**"65-A. Certain offences to be non-bailable.—(1) Notwithstanding anything contained in this**
Act or in the Code of Criminal Procedure, 1973, any offence punishable under Section 26 or Section
33 or Section 42 or Section 63 shall be non-bailable.
(2) No person accused of any offence as aforesaid shall, if in custody, be released on bail or on
his own bond unless-
(a) the prosecution has been given an opportunity to oppose the application for such release,
and
(b) where the prosecution opposes the application as aforesaid, the court is satisfied that there
are reasonable grounds for believing that he is not guilty of such offences.".
[Vide Uttaranchal Act 10 of 2002, s. 14]
**Maharashtra**
**Amendment of section 65 of Act XVI of 1927.— In section 65 of the principal Act, for the words “a**
Ranger” the words “a Ranger, any Police Officer” of a rank not inferior to that of Sub-Inspector or any
Revenue Officer of a rank not inferior to that of Mahalkari or Tahsildar” shall be substituted.
[Vide Maharashtra Act VI of 1961, s. 11]
-----
**Maharashtra**
**Amendment of section 65 of Act XVI of 1927.—In section 65 of the principal act, for the words**
“may release such person” the words, figures and letter “may, subject to and without prejudice to the
provisions of section 65A, release such person” shall be substituted.
[Vide Maharashtra Act VII of 1985, s. 18]
**Insertion of section 65A in Act XVI of 1927.—After section 65 of the principal Act, the following**
section shall be inserted, namely:-
**"65A. Certain offences to be non-bailable.-Notwithstanding anything contained in this Act or**
in the Code of Criminal Procedure, 1973,
(a) The offences under sections or clauses of sections mentioned in clause (b) shall be non
bailable.
(b) The sections and clauses of sections of this Act referred to in clause (a) are the following,
namely :-Section 26, clauses (a), (b), (f), (g), (h) and (i) of sub section (1).
Section 33, clauses (a), (b), (c), (d), (f) and (h) of sub-section (1).
Section 42.
Section 63.
(c) No person accused of any offence referred to in clause (b) shall, if in custody, be released
on bail or on his own bond unless,
(i) the prosecution has been given an opportunity to oppose the application for such
release, and
(ii) where the prosecution opposes the application, the Court is satisfied that there are
reasonable grounds for believing that he is not guilty of such offence.".
[Vide Maharashtra Act VII of 1985, s. 19]
**66. Power to prevent commission of offence.—Every Forest-officer and Police-officer shall**
prevent, and may interfere for the purpose of preventing, the commission of any forest-offence.
**STATE AMENDMENTS**
**Maharashtra**
**Insertion of new section 66A in Act 16 of 1927.—After section 66 of the principal Act, the**
following section shall be inserted, namely:—
**66A. Punishment for abetment.—Whoever abets any forest-offence shall, if the offence abetted is**
committed in consequence of abetment, be punished with the same punishment as is provided for such
offence,”
[Vide Maharashtra Act 21 of 2015, s. 16].
**Uttar Pradesh**
**Insertion of new section 66-A—**
**66-A. Penalty for not preventing commission of forest offence—Whoever, being a**
Forest Officer or Police Officer, bound under section 66 to prevent commission of any forest offence,
intentionally or knowingly, neglects or omits to prevent or abets, the commission of such offence,
shall be punishable with imprisonment for a term which may extend to two years or with fine or with
both."]
[Vide Uttar Pradesh Act 1 of 2001, s. 15]
-----
**Maharashtra**
**Amendment of section 66 of Act XVI of 1927.—In section 66 of the principal Act, for the words**
“Every Forest Officer and Police Officer” the words “Every Forest Officer, Police Officer and Revenue
Officer” shall be substituted.
[Vide Maharashtra Act VI of 1961, s. 12]
**Bihar**
**Insertion of new Section 66-A in Act XVI, 1927. - After Section 66 of the Act the following new**
Section shall be inserted, namely:
"66A. Eviction of encroachment from Government Forest Land. -(1) Encroachment of
Government Forest Land shall be cognizable and non-bailable offence.
(2) Any Forest Officer not below the rank of Divisional Forest Officer, if he has reasons to
believe that the encroachment of Government Forest Land has been done, may evict the
encroachment and may use all the powers conferred on Magistrate under The Bihar Public Land
Encroachment Act, 1956 (Bihar Act XV of 1956)."
[Vide Bihar Act 9 of 1990, s. 7]
**67. Power to try offences summarily.—The District Magistrate or any Magistrate of the first class**
specially empowered in this behalf by the [1][State Government] may try summarily, under the Code of
Criminal Procedure, 1898 (5 of 1898), any forest-offence punishable with imprisonment for a term not
exceeding six months, or fine not exceeding five hundred rupees, or both.
**Maharashtra**
**Amendment of section 67 of Act 16 of 1927.—In section 67 of the principal Act, for the words “two**
thousand rupees” the words “five thousand rupees” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 17]
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 67.—For the words “not exceeding six months, or fine not exceeding five hundred rupees”,**
substitute the words “not exceeding two years or with fine not exceeding twenty five thousand rupees”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Maharashtra**
**Amendment of section 67 of Act XVI of 1927.—In section 67 of the principal Act,--**
(a) for the words and figures "the Code of Criminal Procedure, 1898" the words and figures "the
Code of Criminal Procedure, 1973" shall be substituted;
(b) for the words "not exceeding six months, or fine not exceeding five hundred rupees or both"
the words "not exceeding one year, or fine not exceeding two thousand rupees, or both, and the
provisions of sections 262 to 265 (both inclusive} of the said Code shall, as far as may be, apply to
such trial; but, notwithstanding anything contained in the said Code, in the case of conviction for any
offence in a summary trial under this section, it shall be lawful for the Magistrate to pass sentence of
imprisonment for any term for which such offence, is punishable under this Act" shall be substituted.
[Vide Maharashtra Act VII of 1985, s. 20]
**Bihar**
**Substitution of Section 67 of Act XVI, 1927. - For Section 67 of the said Act the following shall**
be substituted; namely:
1. Subs. by the A.O. 1950, for “Provincial Government”.
-----
"67. Notwithstanding anything to the contrary contained either in the Criminal Procedure Code,
1973 or any other law for the time being in force, the State Government may, by notification in the
Official Gazette constitute a Special Court with powers of first class Magistrate for the trial of all
forest offences punishable with imprisonment for a term which may extend to two years or with fine
which may extend to five thousand rupees, or with both as the case may be in accordance with the
procedure prescribed for summary trials under Chapter XXI of the Criminal Procedure Code, 1973."
[Vide Bihar Act 9 of 1990, s. 8]
**68. [1][Power to compound offences and impose penalties].—(1) The [2][State Government] may, by**
notification in the [3][Official Gazette], empower a Forest officer—
(a) to accept from any person against whom a reasonable suspicion exists that he has committed
any forest-offence, other than an offence specified in section 62 or section 63, a sum of money by
way of compensation for the offence which such person is suspected to have committed [4][; or]
5[(aa) to accept from any person a sum of money by way of penalty or compensation for violation
of sub-section (1A) of section 26 or sub-section (1A) of section 33; and]
(b) when any property has been seized as liable to confiscation, to release the same on payment of
the value thereof as estimated by such officer.
(2) On the payment of such sum of money, or such value, or both, as the case may be, to such officer,
the suspected person, if in custody, shall be discharged, the property, if any seized shall be released, and
no further proceedings shall be taken against such person or property.
(3) A Forest-officer shall not be empowered under this section unless he is a Forest-officer of a rank
not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one hundred
rupees, and the sum of money accepted as compensation under clause (a) of sub-section (1) shall in no
case exceed the sum of fifty rupees.
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 68 of Act 16 of 1927. —In section 68 of the principal Act,—**
(a) in sub-section (1), —
(1) in clause (a), —
(i) after the words “other than an offence specified in” the words, brackets and figures “sub
section (4) of section 26 or” shall be inserted;
(ii) for the words “payment of a sum of money or, at his discretion, an undertaking in writing
to pay a sum of money,” the words “payment of a sum of money” shall be substituted.
(2) in clause (b), for the words “ on payment of, or at his discretion, on acceptance of an
undertaking in writing to pay,” the words “on payment of” shall be substituted.
(b) in sub-section (2), for the words “payment of, or on acceptance of an undertaking in
writing to pay,” the words “payment of,” shall be substituted.
(c) in sub-section (3), for the words “five hundred rupees” the words “five thousand rupees”
shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 18].
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 68.-For section 68, substitute the following section, namely:–**
1. Subs. by Act 18 of 2023, s. 2 and Schedule for the marginal heading (w.e.f. 15-11-2023).
2. Subs. by the A.O. 1950, for “Provincial Government”.
3. Subs. by the A.O. 1937, for “Local Official Gazette”.
4. Subs. by Act 18 of 2023, s. 2 and Schedule for “, and” (w.e.f. 15-11-2023).
5. Ins. by s. 2 and Schedule, ibid. (w.e.f. 15-11-2023).
-----
**68. Power to compound offences.—(1) The Government may, by notification in the Official**
Gazette, empower any forest officer not below the rank of Assistant Conservator of Forests
(a) to accept from any person against whom a reasonable suspicion exists, that he has committed
any forest offence involving damage not exceeding fifty thousand rupees, other than an offence
specified in section 62 or section 63, a sum of money by way of compensation for the offence, which
such person is suspected to have committed:
Provided that the sum of money accepted by way of compensation shall in no case be less than
double the amount involved in the loss caused by such offence; and
(b) when any property has been seized as liable to confiscation, release the same on payment of
the value thereof, in addition to the compensation referred to in clause (a) of this subsection, as
estimated by such officer.
(2) On the payment of such compensation and such value, to such officer, the suspected person if
in custody, shall be discharged, the property, if any, seized shall be released, and no further
proceedings shall be taken against such person or property.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Tripura**
**Amendment of Section 68(3).—In sub-section (3) of section 68 of Principal Act, for the words**
“hundred rupees” and the words “fifty rupees” the words “one thousand five hundred rupees” and “five
thousand rupees” respectively shall be substituted.
[Vide Tripura Act 5 of 1991, s. 3]
**Uttar Pradesh**
**Amendment of section 68—**
(i) the words "and is in receipt of a monthly salary amounting to at least one hundred rupees"
shall be omitted;
(ii) for the words "fifty rupees" the words "five thousand rupees for the first offence and for
second subsequent offence of the same nature shall not be less than five thousand rupees or more
than ten thousand rupees" shall be substituted.]
[Vide Uttar Pradesh Act 1 of 2001, s. 16]
**Amendment of Sections 68 of Act XVI of 1927- In sub-section (3) of Section 68 of the principal**
Act, for the word "fifty" the words "five hundred" shall be substituted.
[Vide Uttar Pradesh Act XXI of 1960, s. 8]
**Uttarakhand**
**Amendment of section 68.—In section 68 of the principal Act, in sub-section (3)—**
(i) the words "and is in receipt of a monthly salary amounting to at least one hundred rupees"
shall be omitted;
(ii) for the words "fifty rupees" the words "five thousand rupees for the first offence and for
second subsequent offence of the same nature shall not be less than five thousand rupees or more than
ten thousand rupees" shall be substituted.
[Vide Uttarachal Act 10 of 2002, s. 15]
**Substitution of section 68 of Act XVI of 1927.—For section 68 of the principal Act, the following shall**
be substituted, namely:
**“68. Power to compound offences.--(1) Subject to the provisions of sub-section (3), the State**
Government may, by notification in the Official Gazette, empower a Forest Officer
-----
(a) to accept from any person about whom a reasonable suspicion exists that he has
committed any forest offence, other than an offence specified in section 62 or section 63,
payment of a sum of money or, at his discretion, an undertaking in writing to pay a sum money,
by way of compensation for the offence which such person is suspected to have committed, and
(b) when any property has been seized as liable to confiscation, to release the same on the
payment of, or at his discretion, on acceptance of an undertaking in writing to pay, the value
thereof as named by such officer.
(2) On the payment of, or on acceptance of an undertaking in writing to pay, such sum of money,
or such named value, or both, as the case may be, to such officer, the suspected person, if in custody,
shall be discharged, the property, if any, seized shall be released, and no further proceedings, other
than those under section 82 where necessary, shall be taken against such person or property.
(3) A Forest Officer shall not be empowered under this section unless he is a Forest Officer of a
rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one
hundred rupees, and the sum of money accepted or agreed to be accepted as compensation under
clause (a) of sub-section (1) shall in no case exceed the sum of five hundred rupees.”.
[Vide Maharashtra Act VI of 1961, s. 13]
**Bihar**
**Substitution of Section 68 of Act XVI, 1927.—For Section 68 of the said Act the following shall**
be substituted; namely:"68.(1) The State Government may, by notification in the Official Gazette, empower a Forest Officer
(a) To accept from any person against whom a reasonable suspicion exists that he has committed any
forest offence other than an offence specified in clauses (c) and (I) to Section 26, clauses (c) and
(d) to Section 33 or Section 62 or Section 63, sum of money by way of compensation for the
offence which such person is suspected to have committed, and
(b) When any property has been seized as liable for confiscation, to release the same on payment of
the value thereof as estimated by such officer.
(2) On the payment of such sum of money, or such value, or both as the case may be, to such
officer, the suspected person in custody, shall be discharged, the property, if any, seized
shall be released, and no further proceedings shall be taken against such person or property.
(3) Forest Officer shall not be empowered under this Section unless he is a Forest Officer of a
rank not inferior to that of an Assistant Conservator of Forest."
[Vide Bihar Act 9 of 1990, s. 9]
**69. Presumption that forest-produce belongs to [1][Government].—When in any proceedings taken**
under this Act, or in consequence of anything done under this Act, a question arises as to whether any
forest-produce is the property of the [1][Government], such produce shall be presumed to be the property of
the [1][Government] until the contrary is proved.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 69.-For the words, “contrary is proved”, substitute the words “contrary is proved by the**
accused”.
**Section 69-A.-After section 69, insert the following section, namely:-**
**69-A. Double penalties for offences.—The penalties which are double of those mentioned under the**
provisions of this Act or rules framed thereunder shall be inflicted in cases where the offence is committed
after sunset and before sunrise, or after preparation for resistance to lawful authority or where the offender
has been previously convicted of a like offence.
1. Subs. by the A.O. 1950, for “Crown”.
-----
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
CHAPTERX
CATTLE-TRESPASS
**70. Cattle-trespass Act, 1871, to apply.—Cattle trespassing in a reserved forest or in any portion of a**
protected forest which has been lawfully closed to grazing shall be deemed to be cattle doing damage to a
[public plantation within the meaning of section 11 of the Cattle-trespass Act, 1871 (1 of 1871), and may be](javascript:fnOpenLinkPopUp('1307','51701');)
seized and impounded as such by any Forest-officer or Police-officer.
**71. Power to alter fines fixed under that Act.—The [1][State Government] may, by notification in the**
[2[Official Gazette], direct that, in lieu of the fines fixed under section 12 of the Cattle-trespass Act, 1871 (1 of](javascript:fnOpenLinkPopUp('1307','51702');)
1871), there shall be levied for each head of cattle impounded under section 70 of this Act such fines as it
thinks fit, but not exceeding the following, that is to say:—
For each …..ten rupees.
elephant…………………………………………………………….........................................
For each buffalo or ….two rupees.
camel………………………………………………………………………………
For each horse, mare, gelding, pony, colt, filly, mule, bull, bullock, cow, or …. one rupee.
heifer……………………
For each calf, ass, pig, ram, ewe, sheep, lamb, goat or ....eightannas.
kid…………………………….........................
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 71 of Act 16 of 1927.—In section 71 of the principal Act,—**
(a) for the words “ten rupees” the words “Two hundred rupees” shall be substituted;
(b) for the words “two rupees” the words “Two hundred rupees” shall be substituted;
(c) for the words “one rupees” the words “Two hundred rupees” shall be substituted;
(d) for the words “fifty nayepaise” the words “One hundred rupees” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 19].
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 71.—For the words “ten rupees”, “two rupees”, “one rupee” and “eight annas”, substitute the**
words “one thousand rupees”, “two hundred and fifty rupees”, “one hundred rupees” and “fifty rupees”
respectively.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No.
S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central
Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Maharashtra**
**Amendment of section 71 of Act XVI of 1927.—In section 71 of the principal Act, for the the words “eight**
annas” the words “fifty naye paise” shall be substituted.
[Vide Maharashtra Act VI of 1961, s. 14]
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
-----
CHAPTER XI
OF FOREST-OFFICERS
**72.** **State** **Government** **may** **invest** **Forest-officers** **with** **certain** **powers.—(1) The**
1[State Government] may invest any Forest-officer with all or any of the following powers, that is to
say:—
(a) power to enter upon any land and to survey, demarcate and make a map of the same;
(b) the powers of a Civil Court to compel the attendance of witnesses and the production of
documents and material objects;
(c) power to issue a search-warrant under the Code of Criminal Procedure, 1898 (5 of 1898); and
(d) power to hold an inquiry into forest-offences, and, in the course of such inquiry, to receive
and record evidence.
(2) Any evidence recorded under clause (d) of sub-section (1) shall be admissible in any subsequent
trial before a Magistrate, provided that it has been taken in the presence of the accused person.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 72.-For section 72, substitute the following section, namely;**
**72. Government of Union territory of Jammu and Kashmir may invest Forest officers with**
**certain powers.- (1) The forest officers shall have the following powers, namely:-**
(a) power to enter upon any land and to survey, demarcate and make a map of the same.
(b) the powers of a Civil Court to compel the attendance of witnesses and the production of
documents and material objects;
(c) power to hold an inquiry into forest offences and in the course of such inquiry, to receive and
record evidence; and
(d) power to issue search warrants under the Code of Criminal Procedure, 1973 (2 of 1974):
Provided that powers under clause (b) and (c) shall not be exercised by a forest officer below the
rank of a Range Officer:
Provided further that the powers under clause (d) shall not be exercised by a forest officer below
the rank of a Divisional Forest Officer.
(2) Any evidence recorded under clause (c) of sub-section (1) shall be admissible in any subsequent
trial before a Magistrate, if that it has been taken in the presence of the accused person.
(3) Any forest officer not below the rank of a Range Officer may delegate his powers of inquiry to an
officer of the rank of Forester if the offence is compoundable under section 68 of this Act.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020). ]
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 72.—In section 72 of the principal Act, in sub-section (1), in clause (c), for the**
words and figures “Code of Criminal Producer, 1898” the words and figures “the Code of Criminal
Procedure, 1973” shall be substituted.
[Vide Maharashtra Act VII of 1985, s.21]
1. Subs. by the A.O. 1950, for “Provincial Government”.
-----
**73. Forest-officers deemed public servants.—All Forest-officers shall be deemed to be public**
servants within the meaning of the Indian Penal Code (45 of 1860).
**74. Indemnity for acts done in good faith.—No suit shall lie against any public servant for anything**
done by him in good faith under this Act.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 74.-For section 74, substitute the following section, namely:-**
**74. Indemnity for acts done in good faith.—(1) No suit, prosecution or other legal proceedings shall**
lie against any public servant for anything done in good faith or omitted to be done likewise, under this
Act or the rules or orders made thereunder.
(2) No Court shall take cognizance of any offence alleged to have been committed by a forest officer
while acting or purporting to act in the discharge of his official duty except with the previous sanction of
the Government of Union territory of Jammu and Kashmir.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Uttar Pradesh**
**Substitution of section 74—For section 74 of the principal Act, the following section shall be**
substituted, namely:-
“74. Indemnity for acts done in good faith.—No suit, prosecution or other legal proceeding
shall lie against the State Government or any public servant for anything which is in good faith done
or intended to be done in pursuance of this Act or rules or orders made thereunder.”
[Vide Uttar Pradesh Act 1 of 2001, s. 17]
**Uttarakhand**
**Substitution of section 74.—For section 74 of the principal act the following section shall be**
substituted, namely:-
**"74. Indemnity for acts done in good faith.--No suit, prosecution or other legal proceeding**
shall lie against the State Government or any public servant for anything done by him under this Act
or rules or orders made thereunder.".
[Vide Uttarakhand Act 10 of 2002, s. 16]
**75. Forest-officers not to trade.—Except with the permission in writing of the [1][State Government],**
no Forest-officer shall, as principal or agent, trade in timber or other forest-produce, or be or become
interested in any lease or any forest or in any contract for working any forest, whether in or outside
2[the territories to which this Act extends].
CHAPTER XII
SUBSIDIARY RULES
**76. Additional powers to make rules.—The [1][State Government] may make rules—**
(a) to prescribe and limit the powers and duties of any Forest-officer under this Act;
(b) to regulate the rewards to be paid to officers and informers out of the proceeds of fines and
confiscation under this Act;
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. (No. 3) 1956, for “Part A States and Part C States”.
-----
(c) for the preservation, reproduction and disposal of trees and timber belonging to Government,
but grown on lands belonging to or in the occupation of private persons; and
(d) generally, to carry out the provisions of this Act.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 76A.—After section 76, insert the following section, namely:-**
**76A. Power to regulate manufacture and preparation of articles based on forest produce.-**
(1) The Government of Union territory of Jammu and Kashmir may make rules,–
(a) to provide for the establishment, and regulation by licence, permit or otherwise (and the
payment of fees thereof), of saw mills, timber depots, firewood depots and other units including the
factories or industries engaged in the consumption of forest produce or manufacture or preparation of
the following articles:
(i) katha (catechu) or kutch out of khairwood;
(ii) rosin, turpentine, other products out of resin, and wood oil;
(iii) plywood, veneer and wood-based products;
(iv) match boxes and match splints;
(v) boxes including packing cases made out of wood;
(vi) joinery and furniture items made out of wood;
(vii) charcoal, lime stone and gypsum;
(viii) such other articles based on forest produce as the Government of Union territory of
Jammu and Kashmir may, by notification in the Official Gazette, from time to time, specify;
(b) to provide for the regulation by licence, permit or otherwise, of procurement of raw material
for the preparation of articles mentioned in clause (a), the payment and deposit of fees therefor and
for due compliance of the condition thereof, the forfeiture of the fees so deposited or any part thereof
for contravention of any such condition and adjudication of such forfeiture by such authority as the
Government of Union territory of Jammu and Kashmir may, by notification, specify.
(2) The Government of Union territory of Jammu and Kashmir may provide that, as the contravention
of any rules made under this section shall be punishable with imprisonment for a term which may extend
to two years or with fine which may extend to twenty five thousand rupees, or both.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
**77. Penalties for breach of rules.—Any person contravening any rule under this Act, for the**
contravention of which no special penalty is provided, shall be punishable with imprisonment for a term
which may extend to one month, or fine which may extend to five hundred rupees, or both.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 77.—For the words “extend to one month, or fine which may extend to five hundred rupees”,**
substitute the words “extend to two years or with fine which may extend to twenty five thousand rupees”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
-----
**Uttar Pradesh**
**Amendment of section 77.—In section 77 of the principal Act, for the words “one month, or fine**
which may extend to five hundred rupees”, the words “one year, or with fine which may extend to two
thousand rupees”, shall be substituted.
[Vide Uttar Pradesh Act 1 of 2001, s. 18]
**Uttarakhand**
**Amendment of section 77.—In section 77 of the principal Act for the words “one month, or fine which**
may extend to five hundred rupees” the words “one year, or with fine which may extend to two thousand
rupees” shall be substituted.
[Vide Uttarakhand Act 10 of 2002, s. 17]
**78. Rules when to have force of law.—All rules made by the [1][State Government] under this Act**
shall be published in the [2][Official Gazette], and shall thereupon, so far as they are consistent with this
Act, have effect as if enacted therein.
**STATE AMENDMENT**
**Uttar Pradesh**
**Substitution of new section for section 78.—For section 78 of the principal Act, the following shall**
be substituted, namely—
# “78. Further provisions regarding rules.—(1) All rules under this Act shall be made by
notification in the Gazette.
(2) All rules made under this Act shall, as soon as may be after they are made, laid before
each House of the State Legislature, while it is in session, for total period of fourteen days which may
be comprised in its one session or in two or more successive sessions and shall, unless some latter
date is appointed take effect from the date of their publication in the Gazette subject to such
modifications or annulments as the two Houses of the Legislature may agree to make, so however
that any such modification or annulment shall be without prejudice to the validity of anything
previously done thereunder.”
[Vide Uttar Pradesh Act XXIII of 1965, s. 15]
**Maharashtra**
**Amendment of section 78 of Act XVI of 1927.—Section 78 shall be renumbered as sub-section (1) of**
that section and after the sub-section so renumbered, the following sub-section shall be inserted, namely :
“(2) All rules made by the State Government under this Act shall be laid for not less than thirty
days before each House of the State Legislature as soon as possible after they are made and shall be
subject to such modification as the State Legislature may make during the session in which they are
so laid, or the session immediately following and publish in the Official Gazette.”.
[Vide Maharashtra Act VI of 1961, s. 15]
CHAPTER XIII
MISCELLANEOUS
**79. Persons bound to assist Forest-officers and Police-officers.—(1) Every person who exercises**
any right in a reserved or protected forest, or who is permitted to take any forest-produce from, or to cut
and remove timber or to pasture cattle in, such forest, and every person who is employed by any such
person in such forest, and
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
-----
every person in any village contiguous to such forest who is employed by the [1][Government], or who
receives emoluments from the [1][Government] for services to be performed to the community, shall be
bound to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information
he may possess respecting the commission of, or intention to commit, any forest-offence, and shall
forthwith take steps, whether so required by any Forest-officer or Police officer or not,—
(a) to extinguish any forest fire in such forest of which he has knowledge or information;
(b) to prevent by any lawful means in his power any fire in the vicinity of such forest of which he
has knowledge or information from spreading to such forest, and shall assist any Forest-officer or
Police-officer demanding his aid—
(c) in preventing the commission in such forest of any forest-offence; and
(d) when there is reason to believe that any such offence has been committed in such forest in
discovering and arresting the offender.
(2) Any person who, being bound so to do, without lawful excuse (the burden of proving which shall
lie upon such person) fails—
(a) to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any
information required by sub-section (1);
(b) to take steps as required by sub-section (1), to extinguish any forest fire in a reserved or
protected forest;
(c) to prevent, as required by sub-section (1), any fire in the vicinity of such forest from spreading
to such forest; or
(d) to assist any Forest-officer or Police-officer demanding his aid in preventing the commission
in such forest of any forest-offence, or, when there is reason to believe that any such offence has been
committed in such forest, in discovering and arresting the offender;
shall be punishable with imprisonment for a term which may extend to one month, or with fine which
may extend to two hundred rupees, or with both.
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 79.—In sub-section (2), in the long line, for the words “shall be punishable with**
imprisonment for a term which may extend to one month, or with fine which may extend to two hundred
rupees” substitute the words, “shall be punishable with imprisonment for a term which may extend to one
year, or with fine which may extend to two thousand rupees”.
**Section 79A to 79C.-After section 79, insert the following sections, namely:-**
**“79-A. Penalty for unauthorisedly taking possession of land constituted as reserved or**
**protected forest.—(1) Any person who unauthorisedly takes or remains in possession of any land in**
areas constituted as reserved forest or protected forest under section 20 or section 29 as the case may
be, may, without prejudice to any other action that may be taken against him under any other
provision of this Act, be summarily ejected by order of a forest officer not below the rank of a
Divisional Forest Officer and any crop which may be standing on such land or any building or other
work which he may have constructed thereon, if not removed by him within such time as such forest
officer may fix, shall be liable to forfeiture:
Provided that no order of ejectment under this sub-section shall be passed unless the person
proposed to be ejected is given a reasonable opportunity of showing cause why such an order should
not be passed.
1. Subs. by the A.O. 1950, for “Crown”.
-----
(2) Any property so forfeited shall be disposed of in such manner as the forest officer may direct
and the cost of removal of any crop, building or other work and, of all works necessary to restore the
land to its original condition shall be recoverable from such person in the manner provided in
section 82.
(3) Any person aggrieved by an order of the forest officer under sub-section (1) may, within sixty
days from the date of such order prefer an appeal by petition in writing to the concerned Chief
Conservator of Forests in person or through a duly authorized agent and such petition shall be
accompanied by a certified copy of the order appealed against.
(4) On receipt of the appeal and after summoning the parties and perusing the record of the
proceedings, the Chief Conservator of Forests shall fix a date and convenient place for hearing the
appeal and shall give notice thereof to the parties, and shall hear the appeal accordingly.
(5) The order passed on the appeal by the Chief Conservator of Forests shall be final.
**79B. Summary action by Deputy Commissioner in fire cases.—If in any case under clauses**
(a) and (b) of sub-section (1) of section 79, it appears to the Deputy Commissioner of the district
within which the forest concerned is situated after local enquiry made in a summary and
administrative manner, either by himself, or through a Tehsildar deputed by him for the purpose, that
any such person or village or other community has neglected to give such information or to render
such assistance as is required thereby, he may impose a fine not exceeding one thousand rupees on, as
well as direct payment of compensation for damage to Government‘s property by, such person,
village or other community or such individual member of such village or other community as may be
determined in consultation with the Divisional Forest Officer and all fines imposed under this section
shall be recoverable as arrears of land revenue.
**79C. Appeal against order of Deputy Commissioner.—An appeal against every order passed**
under section 79B may be made to the concerned Divisional Commissioner whose decision thereon
shall be final.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, Order No. S.O.3774(E), dated (23-10-2020).]
**Uttar Pradesh**
**Amendment of section 79—In section 79 of the principal Act, for the words “one month, or fine**
which may extend to five hundred rupees”, the words “one year, or with fine which may extend to two
thousand rupees”, shall be substituted.
[Vide Uttar Pradesh Act 1 of 2001, s. 19]
**Uttarkhand**
**Amendment of section 79.—In section 79 of the principal Act, in sub-section (2) for the words "one**
month, or with fine which may extend to two hundred rupees", the words "one year, or with fine which
may extend to one thousand rupees", shall be substituted.
[Vide Uttaranchal Act 24 of 2014, s. 18]
**Bihar**
**Amendment of sub-section (2) of Section 79 of Act XVI, 1927.—In sub-section (2) of Section 79 of the said Act**
for the words "shall be punishable with imprisonment for a term which may extend to one month or with fine which
may extend to two hundred rupees or with both" the following words shall be substituted; namely:
"Shall be punishable with imprisonment for a term which may extend to six months or with fine which may
extend to one thousand rupees or with both."
[Vide Bihar Act 9 of 1990, s. 10]
-----
**80. Management of forests the joint property of** [1] **[Government] and other persons.—(1) If the**
1[Government] and any person be jointly interested in any forest or waste-land, or in the whole or any part of the
produce thereof, the [2][State Government] may either—
(a) undertake the management of such forest, waste-land or produce, accounting to such person for his
interest in the same; or
(b) issue such regulations for the management of the forest, waste-land or produce by the person so jointly
interested as it deems necessary for the management thereof and the interests of all parties therein.
(2) When the [2][State Government] undertakes under clause (a) of sub-section (1) the management of any forest,
waste-land or produce, it may, by notification in the [3][Official Gazette], declare that any of the provisions contained
in Chapters II and IV shall apply to such forest, waste-land or produce, and thereupon such provisions shall apply
accordingly.
**STATE AMENDMENT**
**Uttar Pradesh**
**Insertion of new section 80-A in Act XIV of 1927—After section 80 of Indian Forest Act 1927, the following**
shall be added as a new section 80-A:
“80-A. The State Government may, by notification in the Official Gazette, declare that any of the
provisions of or under this Act, shall apply to all or any or any land on the banks of canals or the sides of roads
which are the property, of the State Government or a local authority and thereupon such provisions shall apply
accordingly.”
[Vide Uttar Pradesh Act XVIII of 1951, s. 2]
**Maharashtra**
**Insertion of new section 80-A in Act XVI of 1927.—After section 80 of the said act, the following section shall be**
inserted namely:
“80-A. Power of Government to apply provisions of this Act to pertain lands of Government or local
**authority.—The State Government, may be notification in the Official Gazette, declare that any of the**
provisions of this act shall apply to all or any lands on the banks of canals or the sides of roads which are the
property of the State Government or a local authority and thereupon such provisions shall apply to such lands
accordingly.”
[Vide Bombay Act XXIV of 1955, s. 6]
**81. Failure to perform service for which a share in produce of [1][Government] forest is employed.—If any**
person be entitled to a share in the produce of any forest which is the property of [1][Government] or over which the
1[Government] has proprietary rights or to any part of the forest-produce of which the Government is entitled upon
the condition of duly performing any service connected with such forest, such share shall be liable to confiscation in
the event of the fact being established to the satisfaction of the [2][State Government] that such service is no longer so
performed:
Provided that no such share be confiscated until the person entitled thereto, and the evidence, if any, which he
may produce in proof of the due performance of such service, have been heard by an officer duly appointed in that
behalf by the [2][State Government] .
**82. Recovery of money due to Government.—All money payable to the Government under this**
Act, or under any rule made under this Act, or on account of the price of any forest-produce, or of
expenses incurred in the execution of this Act in respect of such produce, may, if not paid when due, be
recovered under the law for the time being in force as if it were an arrear of land-revenue.
1. Subs. by the A.O. 1950, for “Crown”.
2. Subs. by the A.O. 1950, for “Provincial Government”.
3. Subs. by the A.O. 1937, for “Local Official Gazette”.
-----
**STATE AMENDMENTS**
**Maharashtra**
**Amendment of section 82 of Act 16 of 1927.—In section 82 of the principal Act, the words and**
figures “or on account of compensation or value of property agreed to be paid under section 68” shall be
deleted.
[Vide Maharashtra Act 21 of 2015, s. 20].
**Orissa**
**Amendment of section 82, (16 of 1927).—For section 82 of the Indian Forest Act, 1927 (16 of**
1927), the following section shall be substituted, namely:—
“82. All money, other than fines, payable to the State Government under this Act, or any rules made
thereunder, or on account of timber or other forest produce, or of expenses incurred in the execution of
this Act in respect of timber or other forest produce, or under any contract relating to timber and other
forest produce including any sum recoverable thereunder for the breach thereof, or in consequence of its
cancellation, or under the terms of a notice relating to the sale of timber or other forest produce by auction
or by invitation of tenders, issued by or under the authority of a Forest Officer and all compensation
awarded to the State Government under this Act, may, if not paid when due, be recovered, under the law
for the time being in force, as if it were an arrear of land-revenue.”
[Vide the Orissa Act 25 of 1952, s. 2]
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 82.-For section 82, substitute the following section, namely:–**
**“82. Recovery of money due to Government. —All money payable to the Government under**
this Act or under any rule made under this Act, or on account of the price of timber, or other forest
produce, or of expenses incurred in execution of this Act in respect of timber and other forest
produce, or under any contract relating to timber and other forest produce including any sum
recoverable there under for breach thereof, or in consequence of its cancellation, or under the terms of
a notice relating to the sale of timber or other forest produce by auction or by invitation of tenders,
issued by or under authority of a forest officer and all compensation awarded to the Government
under this Act shall, if not paid when due, be recovered, under the law for the time being in force, as
if it were an arrear of land revenue.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**Section 82-A to 82-H.—After section 82, insert the following sections, namely:-**
**82-A. Recovery of penalties due under a bond.—When in respect of any forest lease any**
person binds himself by any bond or instrument to perform any duty or act, or covenants by any bond
or instrument that he, or that he and his servant and agents will abstain from any act, the whole sum
mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions
thereof shall notwithstanding anything in section 74 of the Indian Contract Act, 1872, be recovered
from him in case of such breach as if it were an arrear of land revenue.
**82-B. Restoration of advantage or benefit or payment of compensation.—Notwithstanding**
anything contained in this Act or in the Indian Contract Act, 1872, or in any other law for the time
being in force,–
(a) where any transaction or lease relating to sale of forest produce or extraction of timber
from any forest is or is discovered to be void only on the ground that the transaction or lease is
not in conformity with the provisions of article 299 of the Constitution of India or any order or
direction issued thereunder, any person who has received any advantage or has enjoyed any
benefit by virtue of such transaction or lease shall be bound to restore it or to make compensation
for it, to the person or party from whom he received it;
-----
(b) the extent of any advantage or benefit or the amount of compensation payable in lieu
thereof, referred to in clause (a), shall be determined in accordance with the provisions of this Act
and the value of the advantage or benefit or the amount of compensation so determined shall be
recoverable as arrears of land revenue.
**82-C. Constitution of Authority.—For the purposes of determining the extent of advantage or**
benefit or the value thereof or the amount of compensation under section 82-B, the Government of
Union territory of Jammu and Kashmir shall, by notification in the Official Gazette, constitute, as and
when necessary, an Authority consisting of one or more members having such qualification and
experience and on such terms and conditions as may be prescribed and where the Authority consists
of more than one member, one of them may be appointed as Chairperson thereof.
**82-D. Powers of the Authority.—(1) The Authority shall, for purposes of holding inquiry for**
determining the extent of advantage or benefit or value thereof or the amount of compensation, as the
case may be, under section 82-B, have all the powers of a civil court while trying a suit under the
Code of Civil Procedure, 1908 in respect of the following matters, namely:–
(a) summoning and enforcing the attendance of any person or witness and examining him on
oath or solemn affirmation;
(b) requiring the discovery or production of any document relating to the subject matter of
inquiry;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof relating to the subject matter of inquiry
from any court or office; and
(e) issuing commissions for examination of witnesses, documents or other books of accounts
relating to the subject matter of inquiry.
(2) The Authority shall also have power to issue a commission to such person as it considers fit
for local investigation which may be requisite or proper for the purpose of elucidating any matter
which is the subject matter of inquiry or of ascertaining the market value of any property.
(3) The person directed to execute a commission for any purpose under this section shall have all
the powers of a commissioner appointed by a Civil Court in pursuance of the provisions of the Code
of Civil Procedure, 1908 (5 of 1908).
(4) The Authority shall have the power to pass such orders as it thinks fit for the seizure,
attachment, management, preservation, interim custody or sale of any forest produce or timber
(wherever it may be in the State) which may be the subject matter of proceedings before it including
the appointment of a receiver for any of the aforesaid purposes.
**82-E. Restriction on alienation. —(1) Notwithstanding anything contained in any law for the**
time being in force,–
(a) where at any stage of the inquiry, the Authority is satisfied by affidavit or otherwise that a
person liable to restore any advantage or benefit or to pay compensation in lieu thereof under any
transaction or lease referred to in section 82-B, is likely to alienate his movable or immovable
property with intent to evade payment or to defeat the recovery, of the advantage or benefit or the
value thereof or the amount of compensation, that may be determined by him, it may by order in
writing direct that such person shall not alienate his movable and immovable property or such
portion thereof, as it may specify in the order, during the pendency of the inquiry;
(b) any alienation of property made in contravention of any order or direction issued under
clause (a) shall be void, and no transferee of such property shall be deemed to have acquired any
right, title or interest therein.
**_Explanation.–For the purposes of this section “alienation” includes mortgage, sale, gift, bequest,_**
_benami transaction, family settlement or any other mode of transfer of any right, title or interest in the_
property.
-----
(2) For removal of doubts it is hereby declared that restrictions imposed under this section on the
rights conferred by clause (1) of article 19 of the Constitution of India shall be deemed to be
reasonable restrictions.
**82-F. Procedure to be followed by the Authority.—(1) The Authority shall, subject to any rules**
made by the Government of Union territory of Jammu and Kashmir in this behalf, have power to
regulate its own procedure in all matters arising out of or connected with the discharge of its
functions, in consonance with the principles of natural justice.
(2) The parties shall have a right of being represented by counsel.
**82-G. Appeal.—(1) Any person aggrieved by a final order of the Authority, determining the**
extent of advantage or benefit or value thereof or the amount of compensation under section 82-B,
may, within thirty days of the date of the order, file an appeal against such order before the High
Court and every such appeal shall be heard by a Division Bench of the High Court.
(2) No other order of the Authority shall be appealable.
(3) The order of the Authority shall, subject to the decision of the High Court under
sub-section (1) in appeal, be final and shall be deemed to be a certificate within the meaning of
section 90 of the Jammu and Kashmir Land Revenue Act, 1996.
(4) No further appeal shall lie against the decision of the High Court.
**82-H. Exclusion of jurisdiction of Civil Court.—No Civil Court shall have jurisdiction to**
entertain any suit or other proceeding in respect of any matter which the Authority has taken
cognizance of under section 82-B.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
**Uttar Pradesh**
**Substituted of section 82—For section 82 of the principal Act, the following section shall be,**
substituted, namely:-
**“82. Recovery of money** **due to State Government.—All money, other than fines, payable to**
the State Government under this Act or under any rule made thereunder or on account of the price of
any forest produce or any agricultural crop grown on land owned by the State Government in a
reserved or protected forest or under any contract relating to forest produce or said agricultural crop,
including any sum recoverable thereunder for breach thereof, or in consequence of its cancellation, or
under the terms of a notice relating to the sale of such agricultural crop or other forest produce by
auction or by invitation of tenders issued by or under the authority of a Forest Officer and all
compensation awarded to the State Government under this Act, may, if not paid when due, be
recovered, under the law for the time being in force, as if it were an arrear of land revenue."
[Vide Uttar Pradesh Act 1 of 2001, s. 20]
**Uttarakhand**
**Substitution of section 82.—For section 82 of the principal act the following sections shall be**
substituted, namely:-
**“82. Recovery of money due to State Government.—All money, other than fines, payable to the**
State Government under this Act or under this Act or under any rule made thereunder or on account
of the price of any forest produce or any agricultural crop grown on land owned by the state
Government in a reserved or protected forest or under any contract relating to forest produce or said
agricultural crop, including any sum recoverable thereunder for breach thereof, or in consequence of
its cancellation, or under the terms of a notice relating to the sale of such agricultural crop or other
forest produce by auction or by invitation of tenders issued by or under the authority of a Forest
-----
Officer and all compensation awarded to the state Government under this Act, may, if not paid when
due, be recovered, under the law for the time being in force, as if it were an arrear of land-revenue.”.
[Vide Uttarkhand Act 10 of 2002, s. 19]
**Maharashtra**
**Amendment of section 82 of Act XVI of 1927.—In section 82 of the principal Act, after the words**
“such produce”, the words and figures “or on account of compensation or value of property agreed to be
paid under section 68” shall be inserted.
[Vide Maharashtra Act VI of 1961, s. 16]
**Haryana**
**Substitution of section 82 of Central 1 Act 16 of 1927.—**
**"82. Recovery of money due to Government.—All money, other than fines, payable to the State**
Government under this Act or under any rules made thereunder, or, on account of timber or other
forest produce, or under any contract relating to timber and other forest produce including any sum
recoverable thereunder for the breach thereof, or in consequence of its cancellation, or under the
terms of the conditions of sale of timber or other forest produce by auction or by invitation of tenders
and all compensation awarded to the State Government under this Act may, if not paid when due, be
recovered under the law for the time being in force as if it were an arrear of land revenue.".
[Vide Haryana Act 12 of 1973, s. 2]
**83. Lien on forest-produce for such money.—(1) When any such money is payable for or in respect**
of any forest-produce, the amount thereof shall be deemed to be a first charge on such produce, and such
produce may be taken possession of by a Forest-officer until such amount has been paid.
(2) If such amount is not paid when due, the Forest-officer may sell such produce by public auction,
and the proceeds of the sale shall be applied first in discharging such amount.
(3) The surplus, if any, if not claimed within two months from the date of the sale by the person
entitled thereto, shall be forfeited to [Government].
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 83A.—After section 83, insert the following section, namely:–**
**83A. Restriction on alienation.—(1) Notwithstanding anything contained in the Transfer of**
Property Act 1882, or in any other law for the time being in force, no property offered by a forest
lessee or by any other person on behalf of a forest lessee, as security for payment of royalty, interest,
compensation, penalty or any other amount chargeable from the forest lessee, under any lease deed,
bond or instrument shall be alienated without the previous permission of the Government of Union
Territory of Jammu and Kashmir, till such time as the Chief Conservator of Forests certifies that such
forest lessee has duly performed all the obligations devolving upon him under such lease deed, bond
or instrument.
(2) Any alienation of property made in contravention of sub-section (1) shall be void, and no
transferee of such property shall be deemed to have acquired any right, title or interest therein.
(3) Any amount of royalty, interest, compensation or penalty or any other sum falling due from a
forest lessee under any lease deed, bond or instrument shall be recoverable as arrears of land revenue
in accordance with the law for the time being in force, from the property offered by him or on his
behalf as security and from any other movable or immovable property owned by the forest lessee.
**_Explanation.—For the purposes of this section,_**
(a) “alienation” includes sale, gift, exchange, bequest, mortgage, benami transaction, family
settlement or any other mode of transfer of any right, title or interest therein or creation of any
encumbrance threreon;
-----
(b) the expression “forest lessee” shall be construed to mean a person in whose favour a right
to convert and remove forest produce from any forest has been granted under any lease deed,
bond or instrument.
(4) For removal of doubts it is hereby declared that restriction imposed under this section on the
rights conferred by clause (1) of article 19 of the Constitution of India shall be deemed to be
reasonable restrictions.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No.
S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**84. Land required under this Act to be deemed to be needed for a public purpose under the**
**Land Acquisition Act, 1894.—Whenever it appears to the State Government that any land is required for**
any of the purposes of this Act, such land shall be deemed to be needed for a public purpose within the
meaning of section 4 of the Land Acquisition Act, 1894 (1 of 1894).
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Section 84A.-After section 84, insert the following section, namely: —**
**84A. Application of the Act to land.—The Government may, by notification in the Official Gazette,**
declare that any of the provisions of this Act shall apply to any land which is the property of the
Government of the Union territory of Jammu and Kashmir or the Central Government, and thereupon
such provisions shall apply to such land accordingly.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
**85. Recovery of penalties due under bond.—When any person, in accordance with any provision of**
this Act, or in compliance with any rule made thereunder, binds himself by any bond or instrument to
perform any duty or act, or covenants by any bond or instrument that he, or that he and his servants and
agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to
be paid in case of a breach of the conditions thereof may, notwithstanding anything in section 74 of the
Indian Contract Act, 1872 (9 of 1872), be recovered from him in case of such breach as if it were an
arrear of land-revenue.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 85 of Act XVI of 1927.—Section 85 of the Indian Forest Act, 1927, shall be**
renumbered, as sub-section (1) of that section, and after sub-section (1) so renumbered the following subsection shall be added, namely:-
“(2) If any question arises—
(a) whether there has been a breach of any of the conditions of such bond or instrument,
(b) as to the sum to be paid for such breach,
(c) as to the person or persons liable to pay such sum,
the question shall be referred to and, after giving notice to the person concerned and after considering his
objections (if any), be decided by an officer, not below the rank of a Divisional Forest Officer, authorized
by the Government in this behalf. The person aggrieved by the decision of such officer may, within a
period of sixty days from the date of such decision, appeal to the State Government or such other
appellate authority as the State Government may appoint in this behalf. The decision of such officer,
subject to an appeal to the appellate authority, and the decision of the appellate authority on such appeal,
shall be final.”
-----
[Vide Bombay Act X of 1956, s. 2]
**Amendment of section 85 of Act XVI of 1927.—In sub-section (2) of section 85 of the Indian Forest**
act, 1927 (XVI of 1927), for the words “Divisional Forest Officer” the words “Sub-Divisional Forest
Officer” shall be substituted.
[Vide Bombay Act XXVI of 1957, s. 2]
1
[85A. Saving for rights of Central Government.—Nothing in this Act shall authorise a
Government of any State to make any order or do anything in relation to any property not vested in that
State or otherwise prejudice any rights of the Central Government or the Government of any other State
without the consent of the Government concerned.]
**86. [Repeals].—Rep. by the Repealing and Amending Act, 1948 (2 of 1948), s. 2 and the Schedule.**
1. Subs. by the A.O. 1950, for section 85A.Earlier it was inserted by the A.O. 1937.
-----
_THE SCHEDULE.—[Enactments repealed.] Rep. by s. 2 and the Schedule, ibid._
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|
15-Mar-1930 | 03 | The Sale of Goods Act, 1930 | https://www.indiacode.nic.in/bitstream/123456789/2390/1/193003.pdf | central | THE SALE OF GOODS ACT, 1930
______
ARRANGMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Application of provisions of Act 9 of 1872.
CHAPTER II
FORMATION OF THE CONTRACT
_Contract of Sale_
4. Sale and agreement to sell.
_Formalities of the Contract_
5. Contract of sale how made.
_Subject-matter of contract_
6. Existing or future goods.
7. Goods perishing before making of contract.
8. Goods perishing before sale but after agreement to sell.
_The price_
9. Ascertainment of price.
10. Agreement to sell at valuation.
_Conditions and warranties_
11. Stipulations as to time.
12. Condition and warranty.
13. When condition to be treated as warranty.
14. Implied undertaking as to title, etc.
15. Sale by description.
16. Implied conditions as to quality or fitness.
17. Sale by sample.
CHAPTER III
EFFECTS OF THE CONTRACT
_Transfer of property as between seller and buyer_
18. Goods must be ascertained.
19. Property passes when intended to pass.
20. Specific goods in a deliverable state.
1
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SECTIONS
21. Specific goods to be put into a deliverable state.
22. Specific goods in a deliverable state, when the seller has to do anything thereto in order to
ascertain price.
23. Sale of unascertained goods and appropriation.
Delivery to carrier.
24. Goods sent on approval or “on sale or return”.
25. Reservation of right of disposal.
26. Risk prima facie passes with property.
_Transfer of title_
27. Sale by person not the owner.
28. Sale by one of joint owners.
29. Sale by person in possession under voidable contract.
30. Seller or buyer in possession after sale.
CHAPTER IV
PERFORMANCE OF THE CONTRACT
31. Duties of seller and buyer.
32. Payment and delivery are concurrent conditions.
33. Delivery.
34. Effect of part delivery.
35. Buyer to apply for delivery.
36. Rules as to delivery.
37. Delivery of wrong quantity.
38. Instalment deliveries.
39. Delivery to carrier or wharfinger.
40. Risk where goods are delivered at distant place.
41. Buyer’s right of examining the goods.
42. Acceptance.
43. Buyer not bound to return rejected goods.
44. Liability of buyer for neglecting or refusing delivery of goods.
CHAPTER V
RIGHTS OF UNPAID SELLER AGAINST THE GOODS
45. “Unpaid seller” defined.
46. Unpaid seller’s rights.
_Unpaid seller’s lien_
47. Seller’s lien.
48. Part delivery.
49. Termination of lien.
2
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SECTIONS
50. Right of stoppage in transit.
51. Duration of transit.
_Stoppage in transit_
52. How stoppage in transit is effected.
_Transfer by buyer and seller_
53. Effect of sub-sale or pledge by buyer.
54. Sale not generally rescinded by lien or stoppage in transit.
CHAPTER VI
SUITS FOR BREACH OF THE CONTRACT
55. Suit for price.
56. Damages for non-acceptance.
57. Damages for non-delivery.
58. Specific performance.
59. Remedy for breach of warranty.
60. Repudiation of contract before due date.
61. Interest by way of damages and special damages.
CHAPTER VII
MISCELLANEOUS
62. Exclusion of implied terms and conditions.
63. Reasonable time a question of fact.
64. Auction sale.
64A. In contracts of sale, amount of increased or decreased taxes to be added or deducted.
65. [Repealed.].
66. Savings.
3
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# THE SALE OF GOODS ACT, 1930
ACT NO. 3 OF 1930[1]
# An Act to define and amend the law relating to the sale of goods.
[15th March, 1930.]
WHEREAS it is expedient to define and amend the law relating to the sale of goods; It is hereby
enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Short title, extent and commencement.—(1) This Act may be called the [2]*** Sale of Goods Act,**
1930.
3[(2) It extends to the whole of India 4***.]
(3) It shall come into force on the 1st day of July, 1930.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(1) “buyer” means a person who buys or agrees to buy goods;
(2) “delivery” means voluntary transfer of possession from one person to another;
(3) goods are said to be in a “deliverable state” when they are in such state that the buyer would
under the contract be bound to take delivery of them;
(4) “document of title to goods” includes a bill of lading, dockwarrant, warehouse keeper’s
certificate, wharfingers’ certificate, railway receipt, [5][multimodal transport document,] warrant or
order for the delivery of goods and any other document used in the ordinary course of business as
proof of the possession or control of goods, or authorising or purporting to authorise, either by
endorsement or by delivery, the possessor of the document to transfer or receive goods thereby
represented;
(5) “fault” means wrongful act or default;
(6) “future goods” means goods to be manufactured or produced or acquired by the seller after the
making of the contract of sale;
(7) “goods” means every kind of moveable property other than actionable claims and money; and
includes stock and shares, growing crops, grass, and things attached to or forming part of the land
which are agreed to be severed before sale or under the contract of sale;
(8) a person is said to be “insolvent” who has ceased to pay his debts in the ordinary course of
business, or cannot pay his debts as they become due, whether he has committed an act of insolvency
or not;
(9) “mercantile agent” means a mercantile agent having in the customary course of business as
such agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods,
or to raise money on the security of goods;
(10) “price” means the money consideration for a sale of goods;
1. The Act has been extended to Berar by Act 4 of 1941, to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First
Schedule (w.e.f. 1-7-1965); to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule; to Pondicherry by the
Pondicherry (Extension of Laws) Act, 1968, s. 3 and Schedule; to Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule
(w.e f. 1-10-1967); and to Sikkim on 1-91984 _vide Notification No. S.O. 645 (E), dated 24-8-1984, Gazette of India,_
Extraordinary, Pt. II, Sec. 3(11).
2. The word “Indian” omitted by Act 33 of 1963, s. 2 (w.e.f. 22-9-1963).
3. Subs. by the A.O. 1950, for sub-section (2).
4. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10-2019)..
5. Ins. by Act 28 of 1993, s. 31 and the Schedule, Part III.
4
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(11) “property” means the general property in goods, and not merely a special property;
(12) “quality of goods” includes their state or condition;
(13) “seller” means a person who sells or agrees to sell goods;
(14) “specific goods” means goods identified and agreed upon at the time a contract of sale is
made; and
(15) expressions used but not defined in this Act and defined in the Indian Contract Act, 1872
(9 of 1872), have the meaning assigned to them in that Act.
**3. Application of provisions of Act 9 of 1872.—The unrepealed provisions of the Indian Contract**
Act, 1872, save in so far as they are inconsistent with the express provisions of this Act, shall continue to
apply to contracts for the sale of goods.
CHAPTER II
FORMATION OF THE CONTRACT
_Contract of sale_
**4. Sale and agreement to sell.—(1) A contract of sale of goods is a contract whereby the seller**
transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of
sale between one part-owner and another.
(2) A contract of sale may be absolute or conditional.
(3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer,
the contract is called a sale, but where the transfer of the property in the goods is to take place at a future
time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell.
(4) An agreement to, sell becomes a sale when the time elapses or the conditions are fulfilled subject
to which the property in the goods is to be transferred.
_Formalities of the contract_
**5. Contract of sale how made.—(1) A contract of sale is made by an offer to buy or sell goods for a**
price and the acceptance of such offer. The contract may provide for the immediate delivery of the goods
or immediate payment of the price or both, or for the delivery or payment by instalments, or that the
delivery or payment or both shall be postponed.
(2) Subject to the provisions of any law for the time being in force, a contract of sale may be made in
writing or by word of mouth, or partly in writing and partly by word of mouth or may be implied from the
conduct of the parties.
_Subject-matter of contract_
**6. Existing or future goods.—(1) The goods which form the subject of a contract of sale may be**
either existing goods, owned or possessed by the seller, or future goods.
(2) There may be a contract for the sale of goods the acquisition of which by the seller depends upon
a contingency which may or may not happen.
(3) Where by a contract of sale the seller purports to effect a present sale of future goods, the contract
operates as an agreement to sell the goods.
**7. Goods perishing before making of contract. — Where there is a contract for the sale of specific**
goods, the contract is void if the goods without the knowledge of the seller have, at the time when the
contract was made, perished or become so damaged as no longer to answer to their description in the
contract.
**8. Goods perishing before sale but after agreement to sell.—Where there is an agreement to sell**
specific goods, and subsequently the goods without any fault on the part of the seller or buyer perish or
become so damaged as no longer to answer to their description in the agreement before the risk passes to
the buyer, the agreement is thereby avoided.
5
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_The price_
**9. Ascertainment of price.—(1) The price in a contract of sale may be fixed by the contract or may**
be left to be fixed in manner thereby agreed or may be determined by the course of dealing between the
parties.
(2) Where the price is not determined in accordance with the foregoing provisions, the buyer shall
pay the seller a reasonable price. What is a reasonable price is a question of fact dependent on the
circumstances of each particular case.
**10. Agreement to sell at valuation.—(1) Where there is an agreement to sell goods on the terms that**
the price is to be fixed by the valuation of a third party and such third party cannot or does not make such
valuation, the agreement is thereby avoided:
Provided that, if the goods or any part thereof have been delivered to, and appropriated by, the buyer,
he shall pay a reasonable price therefor.
(2) Where such third party is prevented from making the valuation by the fault of the seller or buyer,
the party not in fault may maintain a suit for damages against the party in fault.
_Conditions and waranties_
**11. Stipulations as to time.—Unless a different intention appears from the terms of the contract,**
stipulations as to time of payment arc not deemed to be of the essence of a contract of sale. Whether any
other Stipulation as to time is of the essence of the contract or not depends on the terms of the contract.
**12. Condition and warranty.—(1) A stipulation in a contract of sale with reference to goods which**
are the subject thereof may be a condition or a warranty.
(2) A condition is a stipulation essential to the main purpose of the contract, the breach of which
gives rise to a right to treat the contract as repudiated.
(3) A warranty is a stipulation collateral to the main purpose of the contract, the breach of which
gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated.
(4) Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the
construction of the contract. A stipulation may be a condition, though called a warranty in the contract.
**13. When condition to be treated as warranty.— (1) Where a contract of sale is subject to any**
condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat
the breach of the condition as a breach of warranty and not as a ground for treating the contract as
repudiated.
(2) Where a contract of sale is not severable and the buyer has accepted the goods or part thereof,
1*** the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty
and not as a ground for rejecting the goods and treating the contract as .repudiated, unless there is a term
of the contract, express or implied, to that effect.
(3) Nothing in this section shall affect the case of any condition or warranty fulfilment of which is
excused by law by reason of impossibility or otherwise.
**14. Implied undertaking as to title, etc.—In a contract of sale, unless the circumstances of the**
contract are such as to show a different intention, there is—
(a) an implied condition on the part of the seller that, in the case of a sale, he has a right to sell the
goods and that, in the case of an agreement to sell, he will have a right to sell the goods at the time
when the property is to pass;
(b) an implied warranty that the buyer shall have and enjoy quiet possession of the goods;
1. The words “or where the contract is for specific goods the property in which has passed to the buyer,” omitted by Act 33 of
1963, s. 3 (w.e.f. 22-9-1963).
6
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(c) an implied warranty that the goods shall be free from any charge or encumbrance in favour of
any third party not declared or known to the buyer before or at the time when the contract is made.
**15. Sale by description.—Where there is a contract for the sale of goods by description, there is an**
implied condition that the goods shall correspond with the description; and, if the sale is by sample as
well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the
goods do not also correspond with the description.
**16. Implied conditions as to quality or fitness.—Subject to the provisions of this Act and of any**
other law for the time being in force, there is no implied warranty or condition as to the quality or fitness
for any particular purpose of goods supplied under a contract of sale, except as follows:—
(1) Where the buyer, expressly or by implication, makes known to the seller the particular
purpose for which the goods are required, so as to show that the buyer relies on the seller’s skill or
judgment, and the goods are of a description which it is in the course of the seller’s business to supply
(whether he is the manufacturer or producer or not), there is an implied condition that the goods shall
be reasonably fit for such purpose:
Provided that, in the case of a contract for the sale of a specified article under its patent or other
trade name, there is no implied condition as to its fitness for any particular purpose.
(2) Where goods are bought by description from a seller who deals in goods of that description
(whether he is the manufacturer or producer or not), there is an implied condition that the goods shall
be of merchantable quality:
Provided that, if the buyer has examined the goods, there shall be no implied condition as regards
defects which such examination ought to have revealed.
(3) An implied warranty or condition as to quality or fitness for a particular purpose may be
annexed by the usage of trade.
(4) An express warranty or condition does not negative a warranty or condition implied by this
Act unless inconsistent therewith.
**17. Sale by sample.— (1) A contract of sale is a contract for sale by sample where there is a term in**
the contract, express or implied, to that effect.
(2) In the case of a contract for sale by sample there is an implied condition—
(a) that the bulk shall correspond with the sample in quality;
(b) that the buyer shall have a reasonable opportunity of comparing the bulk with the sample;
(c) that the goods shall be free from any defect, rendering them unmerchantable, which would not
be apparent on reasonable examination of the sample.
CHAPTER III
EFFECTS OF THE CONTRACT
_Transfer of property as between seller and buyer_
**18. Goods must be ascertained.— Where there is a contract for the sale of unascertained goods, no**
property in the goods is transferred to the buyer unless and until the goods are ascertained.
**19. Property passes when intended to pass.— (1) Where there is a contract for the sale of specific**
or ascertained goods the property in them is transferred to the buyer at such time as the parties to the
contract intend it to he transferred.
(2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the
contract, the conduct of the parties and the circumstances of the case.
(3) Unless a different intention appears, the rules contained in sections 20 to 24 are rules for
ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the
buyer.
7
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**20. Specific goods in a deliverable state.— Where there is an unconditional contract for the sale of**
specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is
made, and it is immaterial whether the time of payment of the price or the time of delivery of the goods,
or both, is postponed.
**21. Specific goods to be put into a deliverable state.—Where there is a contract for the sale of**
specific goods and the seller is bound to do something to the goods for the purpose of putting them into a
deliverable state, the property does not pass until such thing is done and the buyer has notice thereof.
**22. Specific goods in a deliverable state, when the seller has to do anything thereto in order to**
**ascertain price.—Where there is a contract for the sale of specific goods in a deliverable state, but the**
seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the
purpose of ascertaining the price, the property does not pass until such act or thing is done and the buyer
has notice thereof.
**23. Sale of unascertained goods and appropriation.—(1) Where there is a contract for the sale of**
unascertained or future goods by description and goods of that description and in a deliverable state are
unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the
buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent
may be express or implied, and may by given either before or after the appropriation is made
**Delivery to carrier.—(2) Where, in pursuance of the contract, the seller delivers the goods to the**
buyer or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission
to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated
the goods to the contract.
**24. Goods sent on approval or “on sale or return”.—When goods are delivered to the buyer on**
approval or “on sale or return” or other similar terms, the property therein passes to the buyer—
(a) when he signifies his approval or acceptance to the seller or does any other act adopting the
transaction;
(b) if he does not signify his approval or acceptance to the seller but retains the goods without
giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration
of such time, and, if no time has been fixed, on the expiration of a reasonable time.
**25. Reservation of right of disposal.—(1) Where there is a contract for the sale of specific goods or**
where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or
appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled. In such case,
notwithstanding the delivery of the goods to a buyer or to a carrier or other bailee for the purpose of
transmission to the buyer, the property in the goods does not pass to the buyer until the conditions
imposed by the seller are fulfilled.
1[(2) Where goods are shipped or delivered to a railway administration for carriage by railway and by
the bill of lading or railway receipt, as the case may be, the goods are deliverable to the order of the seller
or his agent, the seller is prima facie deemed to reserve the right of disposal.
(3) Where the seller of goods draws on the buyer for the price and transmits to the buyer the bill of
exchange together with the bill of lading or, as the case may be, the railway receipt, to secure acceptance
or payment of the bill of exchange, the buyer is bound to return the bill of lading or the railway receipt if
he does not honour the bill of exchange; and, if he wrongfully retains the bill of lading or the railway
receipt, the property in the goods does not pass to him.
_Explanation. —In this section, the expressions “railway” and “railway administration” shall have the_
meanings respectively assigned to them under the Indian Railways Act, 1890 (9 of 1890).]
**26. Risk prima facie** **passes with property.—Unless otherwise agreed, the goods remain at the**
seller’s risk until the property therein is transferred to the buyer, but when the property therein is
transferred to the buyer, the goods are at the buyer’s risk whether delivery has been made or not:
1. Subs by Act 33 of 1963, s. 4, for sub-sections (2) and (3) (w.e.f. 22-9-1963).
8
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Provided that, where delivery has been delayed through the fault of either buyer or seller, the goods
are at the risk of the party in fault as regards any loss which might not have occurred but for such fault:
Provided also that nothing in this section shall affect the duties or liabilities of either seller or buyer as
a bailee of the goods of the other party.
_Transfer of title_
**27. Sale by person not the owner.—Subject to the provisions of this Act and of any other law for the**
time being in force, where goods are sold by a person who is not the owner thereof and who does not sell
them under the authority or with the consent of the owner, the buyer acquires no better title to the goods
than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller’s
authority to sell:
Provided that, where a mercantile agent is, with the consent of the owner, in possession of the goods
or of a document of title to the goods, any sale made by him, when acting in the ordinary course of
business of a mercantile agent, shall be as valid as if he were expressly authorised by the owner of the
goods to make the same; provided that the buyer acts in good faith and has not at the time of the contract
of sale notice that the seller has not authority to sell.
**28. Sale by one of joint owners.— If one of several joint owners of goods has the sole possession of**
them by permission of the co-owners, the property in the goods is transferred to any person who buys
them of such joint owner in good faith and has not at the time of the contract of sale notice that the seller
has not authority to sell.
**29. Sale by person in possession under voidable contract.—When the seller of goods has obtained**
possession thereof under a contract voidable under section 19 or section 19A of the Indian Contract Act,
1872 (9 of 1872), but the contract has not been rescinded at the time of the sale, the buyer acquires a good
title to the goods, provided he buys them in good faith and without notice of the seller’s defect of title.
**30. Seller or buyer in possession after sale.—(1) Where a person, having sold goods, continues or is**
in possession of the goods or of the documents of title to the goods, the delivery or transfer by that person
or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge or other
disposition thereof to any person receiving the same in good faith and without notice of the previous sale
shall have the same effect as if the person making the delivery or transfer were expressly authorised by
the owner of the goods to make the same.
(2) Where a person, having bought or agreed to buy goods, obtains, with the consent of the seller,
possession of the goods or the documents of title to the goods, the delivery or transfer by that person or by
a mercantile agent acting for him, of the goods or documents of title under any sale, pledge or other
disposition thereof to any person receiving the same in good faith and without notice of any lien or other
right of the original seller in respect of the goods shall have effect as if such lien or right did not exist.
CHAPTER IV
PERFORMANCE OF THE CONTRACT
**31. Duties, of seller and buyer.— It is the duty to the seller to deliver the goods and of the buyer to**
accept and pay for them, in accordance with the terms of the contract of sale.
**32. Payment and delivery are concurrent conditions.—Unless otherwise agreed, delivery of the**
goods and payment of the price are concurrent conditions, that is to say, the seller shall be ready and
willing to give possession of the goods to the buyer in exchange for the price, and the buyer shall be ready
and willing to pay the price in exchange for possession of the goods.
**33. Delivery.—Delivery of goods sold may be made by doing anything which the parties agree shall**
be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any
person authorised to hold them on his behalf.
**34. Effect of part delivery.—A delivery of part of goods, in progress of the delivery of the whole,**
has the same effect, for the purpose of passing the property in such goods, as a delivery of the whole; but
9
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a delivery of part of the goods, with an intention of severing it from the whole, does not operate as a
delivery of the remainder.
**35. Buyer to apply for delivery.— Apart from any express contract, the seller of goods is not bound**
to delivery them until the buyer applies for delivery.
**36. Rules as to delivery.— (1) Whether it is for the buyer to take possession of the goods or for the**
seller to send them to the buyer is a question depending in each case on the contract, express or implied,
between the parties. Apart from any such contract, goods sold are to be delivered at the place at which
they are at the time of the sale, and goods agreed to be sold are to be delivered at the place at which they
are at the time of the agreement to sell, or, if not then in existence, at the place at which they are
manufactured or produced.
(2) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time
for sending them is fixed, the seller is bound to send them within a reasonable time.
(3) Where the goods at the time of sale are in the possession of a third person, there is no delivery by
seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his
behalf:
Provided that nothing in this section shall affect the operation of the issue or transfer of any document
of title to goods.
(4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour.
What is a reasonable hour is a question of fact.
(5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable
state shall be borne by the seller.
**37. Delivery of wrong quantity.—(1) Where the seller delivers to the buyer a quantity of goods less**
than he contracted to sell, the buyer may reject them, but it the buyer accepts the goods so delivered he
shall pay for them at the contract rate.
(2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the
buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the
buyer accepts the whole of the goods so delivered, he shall pay for them at the contract rate.
(3) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a
different description not included in the contract, the buyer may accept the goods which are in accordance
with the contract and reject the rest, or may reject the whole.
(4) The provisions of this section are subject to any usage of trade, special agreement or course of
dealing between the parties.
**38. Instalment deliveries.—(1) Unless otherwise agreed, the buyer of goods is not bound to accept**
delivery thereof by instalments.
(2) Where there is a contract for the sale of goods to be delivered by stated instalments which are to
be separately paid for, and the seller makes no delivery or defective delivery in respect of one or more
instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a
question in each case depending on the terms of the contract and the circumstances of the case, whether
the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise
to a claim for compensation, but not to a right to treat the whole contract as repudiated.
**39. Delivery to carrier or wharfinger.—(1) Where, in pursuance of a contract of sale, the seller is**
authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by
the buyer or not, for the purpose of transmission to the buyer, or delivery of the goods to a wharfinger for
safe custody, is prima facie deemed to be a delivery of the goods to the buyer.
(2) Unless otherwise authorised by the buyer, the seller shall make such contract with the carrier or
wharfinger on behalf of the buyer as may be reasonable having regard to the nature of the goods and the
other circumstances of the case. If the seller omits so to do, and the goods are lost or damaged in course
10
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of transit or whilst in the custody of the wharfinger, the buyer may decline to treat the delivery to the
carrier or wharfinger as a delivery to himself, or may hold the seller responsible in damages.
(3) Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea
transit, in curcumstances in which it is usual to insure, the seller shall give such notice to the buyer as
may enable him to insure them during their sea transit, and if the seller fails so to do, the goods shall be
deemed to be at his risk during such sea transit.
**40. Risk where goods are delivered at distant place.—Where the seller of goods agrees to deliver**
them at his own risk at a place other than that where they are when sold, the buyer shall, nevertheless,
unless otherwise agreed, take any risk of deterioration in the goods necessarily incident to the course of
transit.
**41. Buyer’s right of examining the goods.—(1) Where goods are delivered to the buyer which he**
has not previously examined, he is not deemed to have accepted them unless and until he has had a
reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity
with the contract.
(2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on
request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of
ascertaining whether they are in conformity with the contract.
**42. Acceptance.—The buyer is deemed to have accepted the goods when he intimates to the seller**
that he has accepted them, or when the goods have been delivered to him and he does any act in relation
to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable
time, he retains the goods without intimating to the seller that he has rejected them.
**43. Buyer not bound to return rejected goods.—Unless otherwise agreed, where goods are**
delivered to the buyer and he refuses to accept them, having the right so to do, he is not bound to return
them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.
**44. Liability of buyer for neglecting or refusing delivery of goods.—When the seller is ready and**
willing to deliver the goods and requests the buyer to take delivery, and the buyer does not within a
reasonable time after such request take delivery of the goods, he is liable to the seller for any loss
occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and
custody of the goods:
Provided that nothing in this section shall affect the rights of the seller where the neglect or refusal of
the buyer to take delivery amounts to a repudiation of the contract.
CHAPTER V
RIGHTS OF UNPAID SELLER AGAINST THE GOODS
**45. “Unpaid seller” defined.—(1) The seller of goods is deemed to be an “unpaid seller” within the**
meaning of this Act—
(a) when the whole of the price has not been paid or tendered;
(b) when a bill of exchange or other negotiable instrument has been received as conditional
payment, and the condition on which it was received has not been fulfilled by reason of the dishonour
of the instrument or otherwise.
(2) In this Chapter, the term “seller” includes any person who is in the position of a seller, as, for
instance, an agent of the seller to whom the bill of lading has been endorsed, or a consignor or agent who
has himself paid, or is directly responsible for, the price.
**46. Unpaid seller’s sights.—(1) Subject to the provisions of this Act and of any law for the time**
being in force, notwithstanding that the property in the goods may have passed to the buyer, the unpaid
seller of goods, as such, has by implication of law—
(a) a lien on the goods for the price while he is in possession of them;
11
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(b) in case of the insolvency of the buyer a right of stopping the goods in transit after he has
parted with the possession of them;
(c) a right of re-sale as limited by this Act.
(2) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his
other remedies, a right of withholding delivery similar to and co-extensive with his rights of lien and
stoppage in transit where the property has passed to the buyer.
_Unpaid seller’s lien_
**47. Seller’s lien.—(1) Subject to the provisions of this Act, the unpaid seller of goods who is in**
possession of them is entitled to retain possession of them until payment or tender of the price in the
following cases, namely:—
(a) where the goods have been sold without any stipulation as to credit;
(b) where the goods have been sold on credit, but the term of credit has expired;
(c) where the buyer becomes insolvent.
(2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as
agent or bailee for the buyer.
**48. Part delivery.—Where an unpaid seller has made part delivery of the goods, he may exercise his**
right of lien on the remainder, unless such part delivery has been made under such circumstances as to
show an agreement to waive the lien.
**49. Termination of lien.—(1) The unpaid seller of goods loses his lien thereon—**
(a) when he delivers the goods to a carrier or other bailee for the purpose of transmission to the
buyer without reserving the right of disposal of the goods;
(b) when the buyer or his agent lawfully obtains possession of the goods;
(c) by waiver thereof.
(2) The unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has
obtained a decree for the price of the goods.
_Stoppage in transit_
**50. Right of stoppage in transit.—Subject to the provisions of this Act, when the buyer of goods**
becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of
stopping them in transit, that is to say, he may resume possession of the goods as long as they are in the
course of transit, and may retain them until payment or tender of the price.
**51. Duration of transit.—(1) Goods are deemed to be in course of transit from the time when they**
are delivered to a carrier or other bailee for the purpose of transmission to the buyer, until the buyer or his
agent in that behalf takes delivery of them from such carrier or other bailee.
(2) If the buyer or his agent in that behalf obtains delivery of the goods before their arrival at the
appointed destination, the transit is at an end.
(3) If, after the arrival of the goods at the appointed destination, the carrier or other bailee
acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession
of them as bailee for the buyer or his agent, the transit is at an end and it is immaterial that a further
destination for the goods may have been indicated by the buyer.
(4) If the goods are rejected by the buyer and the carrier or other bailee continues in possession of
them, the transit is not deemed to be at an end, even if the seller has refused to receive them back.
(5) When goods are delivered to a ship chartered by the buyer, it is a question depending on the
circumstances of the particular case, whether they are in the possession of the master as a carrier or as
agent of the buyer.
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(6) Where the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent
in that behalf, the transit is deemed to be at an end.
(7) Where part delivery of the goods has been made to the buyer or his agent in that behalf, the
remainder of the goods may be stopped in transit, unless such part delivery has been given in such
circumstances as to show an agreement to give up possession of the whole of the goods.
**52. How stoppage in transit is effected.—(1) The unpaid sellermay exercise his right of stoppage in**
transit either by taking actual possession of the goods, or by giving notice of his claim to the carrier or
other bailee in whose possession the goods are. Such notice may be given either to the person in actual
possession of the goods or to his principal. In the latter case the notice, to be effectual, shall be given at
such time and in such circumstances that the principal, by the exercise of reasonable diligence, may
communicate it to his servant or agent in time to prevent a delivery to the buyer.
(2) When notice of stoppage in transit is given by the seller to the carrier or other bailee in possession
of the goods, he shall re-deliver the goods to, or according to the directions of, the seller. The expenses of
such re-delivery shall be borne by the seller.
_Transfer by buyer and seller_
**53. Effect of sub-sale or pledge by buyer.—(1) Subject to the provisions of this Act, the unpaid**
seller’s right of lien or stoppage in transit is not affected by any sale or other disposition of the goods
which the buyer may have made, unless the seller has assented thereto:
Provided that where a document of title to goods has been issued or lawfully transferred to any person
as buyer or owner of the goods, and that person transfers the document to a person who takes the
document in good faith and for consideration, then, if such last mentioned transfer was by way a sale, the
unpaid seller’s right of lien or stoppage in transit is defeated, and, if such last mentioned transfer was by
way of pledge or other disposition for value, the unpaid seller’s right of lien or stoppage is transit can
only be exercised subject to the rights of the transferee.
(2) Where the transfer is by way of pledge, the unpaid seller may require the pledgee to have the
amount secured by the pledge satisfied in the first instance, as far as possible, out of any other goods or
securities of the buyer in the hands of the pledgee and available against the buyer
**54. Sale not generally rescinded by lien or stoppage in transit.—(1) Subject to the provisions of**
this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien
or stoppage in transit.
(2) Where the goods are of a perishable nature, or where the unpaid seller who has exercised his right
of lien or stoppage in transit gives notice to the buyer of his intention to re-sell, the unpaid seller may, if
the buyer does not within a reasonable time pay or tender the price, re-sell the goods within a reasonable
time and recover from the original buyer damages for any loss occasioned by his breach of contract, but
the buyer shall not be entitled to any profit which may occur on the re-sale. If such notice is not given, the
unpaid seller shall not be entitled to recover such damages and the buyer shall be entitled to the profit, if
any, on the re-sale.
(3) Where an unpaid seller who has exercised his right of lien or stoppage in transit re-sells the goods,
the buyer acquires a good title thereto as against the original buyer, notwithstanding that no notice of the
re-sale has been given to the original buyer.
(4) Where the seller expressly reserves a right of re-sale in case the buyer should make default, and,
on the buyer making default, re-sells the goods, the original contract of sale is thereby rescinded, but
without prejudice to any claim which the seller may have for damages.
CHAPTER VI
SUITS FOR BREACH OF THE CONTRACT
**55. Suit for price.—(1) Where under a contract of sale the property in the goods has passed to the**
buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the
contract, the seller may sue him for the price of the goods.
13
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(2) Where under a contract of sale the price is payable on a day certain irrespective of delivery and
the buyer wrongfully neglects or refuses to pay such pirce, the seller may sue him for the price although
the property in the goods has not passed and the goods have not been appropriated to the contract.
**56. Damages for non-acceptance.—Where the buyer wrongfully neglects or refuses to accept and**
pay for the goods, the seller may sue him for damages for non-acceptance.
**57. Damages for non-delivery.—Where the seller wrongfully neglects or refuses to deliver the**
goods to the buyer, the buyer may sue the seller for damages for non-delivery.
**58. Specific performance.—Subject to the provisions of Chapter II of the Specific Relief Act, 1877**
(1 of 1877), in any suit for breach of contract to deliver specific or ascertained goods, the Court may, if it
thinks fit, on the application of the plaintiff, by its decree direct that the contract shall be performed
specifically, without giving the defendant the option of retaining the goods on payment of damages. The
decree may be unconditional, or upon such terms and conditions as to damages, payment of the price or
otherwise, as the Court may deem just, and the application of the plaintiff may be made at any time before
the decree.
**59. Remedy for breach of warranty.—(1) Where there is a breach of warranty by file seller, or**
where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a
breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods;
but he may—
(a) set up against the seller the breach of warranty in diminution or extinction of the price; or
(b) sue the seller for damages for breach of warranty.
(2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does
not prevent him from suing for the same breach of warranty if he has suffered further damage.
**60. Repudiation of contract before due date.—Where either party to a contract of sale repudiates**
the contract before the date of delivery, the other may either treat the contract as subsisting and wait till
the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach.
**61. Interest by way of damages and special damages.—(1) Nothing in this Act shall affect the right**
of the seller or the buyer to recover interest or special damages in any case where by law interest or
special damages may be recoverable, or to recover the money paid where the consideration for the
payment of it has failed.
(2) In the absence of a contract to the contrary, the Court may award interest at such rate as it thinks
fit on the amount of the price—
(a) to the seller in a suit by him for the amount of the price— from the date of the tender of the
goods or from the date on which the price was payable;
(b) to the buyer in a suit by him for the refund of the price in a case of a breach of the contract on
the part of the seller—from the date on which the payment was made.
CHAPTER VII
MISCELLANEOUS
**62. Exclusion of implied terms and conditions.—Where any right, duty or liability would arise**
under a contract of sale by implication of law, it may be negatived or varied by express agreement or by
the course of dealing between the parties, or by usage, if the usage is such as to bind both parties to the
contract.
**63. Reasonable time a question of fact.—Where in this Act any reference is made to a reasonable**
time, the question what is a reasonable time is a question of fact.
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**64. Auction sale. —In the case of a sale by auction—**
(1) Where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a
separate contract of sale;
(2) the sale is complete when the auctioneer announces its completion by the fall of the hammer
or in other customary manner; and, until such announcement is made, any bidder may retract his bid;
(3) a right to bid may be reserved expressely by or on behalf of the seller and, where such right is
expressly so reserved, but not otherwise, the seller or any one person on his behalf may, subject to the
provisions hereinafter contained, bid at the auction;
(4) where the sale is not notified to be subject to a right to bid on behalf of the seller, it shall not
be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer
knowingly to take any bid from the seller or any such person; and any sale contravening this rule may
be treated as fraudulent by the buyer;
(5) the sale may be notified to be subject to a reserved or upset, price;
(6) if the seller makes use of pretended bidding to raise the price, the sale is voidable at the option
of the buyer.
1[64A. In contracts of sale, amount of increased or decreased taxes to be added or deducted.—
(1) Unless a different intention appears from the terms of the contract, in the event of any tax of the nature
described in sub-section (2) being imposed, increased, decreased or remitted in respect of any goods after
the making of any contract for the sale or purchase of such goods without stipulation as to the payment of
tax where tax was not chargeable at the time of the making of the contract, or for the sale or purchase of
such goods tax-paid where tax was chargeable at that time,—
(a) if such imposition or increase so takes effect that the tax or increased tax, as the case may be,
or any part of such tax is paid or is payable, the seller may add so much to the contract price as will
be equivalent to the amount paid or payable in respect of such tax or increase of tax, and he shall be
entitled to be paid and to sue for and recover such addition; and
(b) if such decrease or remission so takes effect that the decreased tax only, or no tax, as the case
may be, is paid or is payable, the buyer may deduct so much from the contract price as will be
equivalent to the decrease of tax or remitted tax, and he shall not be liable to pay, or be sued for, or in
respect of, such deduction.
(2) The provisions of sub-section (1) apply to the following taxes, namely:—
(a) any duty of customs or excise on goods;
(b) any tax on the sale or purchase of goods.]
**65. [Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.**
**66. Savings.—(1) Nothing in this Act or in any repeal effected thereby shall affect or be deemed to**
affect—
(a) any right, title, interest, obligation or liability already acquired, accrued or incurred before the
commencement of this Act, or
(b) any legal proceedings or remedy in respect of any such right, title, interest, obligation or
liability, or
(c) anything done or suffered before the commencement of this Act, or
(d) any enactment relating to the sale of goods which is not expressly repealed by this Act, or
(e) any rule of law not inconsistent with this Act.
1. Subs. by Act 33 of 1963, s. 5, for section 64A (w.e.f. 22-9-1963). Earlier it was inserted by Act 41 of 1940, s 2.
15
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(2) The rules of insolvency relating to contracts for the sale of goods shall continue to apply thereto,
notwithstanding anything contained in this Act.
(3) The provisions of this Act relating to contracts of sale do not apply to any transaction in the form
of a contract of sale which is intended to operate by way of mortgage, pledge, charge or other security.
_______
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|
25-Jul-1930 | 30 | The Hindu Gains of Learning Act, 1930 | https://www.indiacode.nic.in/bitstream/123456789/2391/1/a1930_____30.pdf | central | # THE HINDU GAINS OF LEARNING ACT, 1930
________
ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title and extent.
2. Definitions.
3. Gains of learning not to be held, not to be separate property of acquirer merely for certain
reasons.
4. Savings.
1
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# THE HINDU GAINS OF LEARNING ACT, 1930
ACT NO. 30 OF 1930[1]
**[25th July, 1930.]**
# An Act to remove doubt as to the rights of a member of a Hindu undivided
family in property acquired by him by means of his learning.
WHEREAS it is expedient to remove doubt, and to provide an uniform rule, as to the
rights of a member of a Hindu undivided family in property acquired by him by means of
his learning; It is hereby enacted as follows: **—**
**1.** **Short title and extent.—(1) This Act may be called the Hindu Gains of Learning**
Act, 1930.
(2) It extends to the whole of India [2][except the State of Jammu and Kashmir*].
**2. Definitions.—In** this Act, unless there is anything repugnant in the subject or
context,—
(a) “acquirer” means a member of a Hindu undivided family, who acquires gains of
learning;
(b) “gains of learning” means all acquisitions of property made substantially by
means of learning, whether such acquisitions be made before or after the
commencement of this Act and whether such acquisitions be the ordinary or the
extraordinary result of such learning; and
(c) “learning” means education, whether elementary, technical, scientific, special or
general, and training of every kind which is usually intended to enable a person to
pursue any trade, industry, profession of avocation in life.
**3. Gains of learning not to be held, not to be separate property of acquirer merely**
**for certain reasons.—Notwithstanding** any custom, rule or interpretation of the Hindu Law,
no gains of learning shall be held not to be the exclusive and separate property of the
acquirer merely by reason of—
(a) his learning having been; in whole or in part, imparted to him by any member,
living or deceased, of his family, or with the aid of the joint funds of his family, or with
the aid of the funds of any member thereof, or
(b) himself or his family having, while he was acquiring his learning, been maintained
or supported, wholly or in part, by the joint funds of his family, or by the funds of any
member thereof.
**4. Savings.—This** Act shall not be deemed in any way to affect—
(a) the terms or incidents of any transfer of property made or effected before the
commencement of this Act,
(b) the validity, invalidity, effect or consequences of anything already suffered or done before
the commencement of this Act,
(c) any right or liability created under a partition, or an agreement for a partition,
of joint family property made before the commencement of this Act, or
1. The Act has been extended in its application to Dadra and Nagar Haveli (w.e.f. 1-7-19651 by Reg. 6 of 1963, s. 2 and the
First schedule and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch.
2. Subs. by Act 48 of 1959, s. 3 and Sch. 1, for certain words (w.e.f 1-2-1960).
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory
of Jammu and Kashmir and the Union territory of Ladakh.
2
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(d) any remedy or proceeding in respect of such right or liability; or to render invalid or
in any way affect anything done before the commencement of this Act in any proceeding
pending in a Court at such commencement; and any such remedy and any such proceeding as
is herein referred to may be enforced, instituted or continued, as the case may be, as if this
Act had not been passed.
__________
3
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|
8-Apr-1932 | 09 | The Indian Partnership Act, 1932 | https://www.indiacode.nic.in/bitstream/123456789/2394/1/A1932-9.pdf | central | # THE INDIAN PARTNERSHIP ACT, 1932
________
ARRANGEMENT OF SECTIONS
________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Application of provisions of Act 9 of 1872.
CHAPTER II
THE NATURE OF PARTNERSHIP
4. Definition of “partnership”, “partner”, “firm” and “firm name”.
5. Partnership not created by status.
6. Mode of determining existence of partnership.
7. Partnership at will.
8. Particular partnership.
CHAPTER III
RELATIONSOF PARTNERS TO ONE ANOTHER
9. General duties of partners.
10. Duty to indemnify for loss caused by fraud.
11. Determination of rights and duties of partners by contract between the partners.
Agreements in restraint of trade.
12. The conduct of the business.
13. Mutual rights and liabilities.
14. The property of the firm.
15. Application of the property of the firm.
16. Personal profits earned by partners.
17. Rights and duties of partners—
after a change in the firm,
after the expiry of the term of the firm, and
where additional undertakings are carried out.
CHAPTER IV
RELATIONS OF PARTNERS TO THIRD PARTIES
18. Partner to be agent of the firm.
19. Implied authority of partner as agent of the firm.
20. Extension and restriction of partner’s implied authority.
-----
SECTIONS
21. Partner’s authority in an emergency.
22. Mode of doing act to bind firm.
23. Effect of admissions by a partner.,
24. Effect of notice to acting partner.
25. Liability of a partner for acts of the firm.
26. Liability of the firm for wrongful acts of a partner.
27. Liability of firm for misapplication by partners.
28. Holding out.
29. Rights of transferee of a partner’s interest.
30. Minors admitted to the benefits of partnership.
CHAPTER V
INCOMING AND OUTGOING PARTNERS
31. Introduction of a partner.
32. Retirement of a partner.
33. Expulsion of a partner.
34. Insolvency of a partner.
35. Liability of estate of deceased partner.
36. Rights of outgoing partner to carry on competing business.
Agreements in restraint of trade.
37. Right of outgoing partner in certain cases to share subsequent profits.
38. Revocation of continuing guarantee by change in firm.
CHAPTER VI
DISSOLUTION OF A FIRM
39. Dissolution of a firm.
40. Dissolution by agreement.
41. Compulsory dissolution.
42. Dissolution on the happening of certain contingencies.
43. Dissolution by notice of partnership at will.
44. Dissolution by the Court.
45. Liability for acts of partners done after dissolution.
46. Right of partners to have business wound up after dissolution.
47. Continuing authority of partners for purposes of winding up.
48. Mode of settlement of accounts between partners.
49. Payment of firm debts and of separate debts.
50. Personal profits earned after dissolution.
51. Return of premium on premature dissolution.
-----
SECTIONS
52. Rights where partnership contract is rescinded for fraud or misrepresentation.
53. Right to restrain from use of firm name or firm property.
54. Agreements in restraint of trade.
55. Sale of goodwill after dissolution.
Rights of buyer and seller of goodwill.
Agreements in restraint of trade.
CHAPTER VII
REGISTRATION OF FIRMS
56. Power to exempt from application of this Chapter.
57. Appointment of Registrars.
58. Application for registration.
59. Registration.
60. Recording of alterations in firm name and principal place of business.
61. Noting of closing and opening of branches.
62. Noting of changes in names and addresses of partners.
63. Recording of changes in and dissolution of a firm.
Recording of withdrawal of a minor.
64. Rectification of mistakes.
65. Amendment of Register by order of Court.
66. Inspection of Register and filed documents.
67. Grant of copies.
68. Rules of evidence.
69. Effect of non-registration.
70. Penalty for furnishing false particulars.
71. Power to make rules.
CHAPTER VIII
SUPPLEMENTAL
72. Mode of giving public notice.
73. [Repealed.].
74.Savings.
SCHEDULE I.—MAXIMUM FEES
SCHEDULE II.—[Repealed.].
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# THE INDIAN PARTNERSHIP ACT, 1932
ACT NO. 9 OF 1932
# An Act to define and amend the law relating to partnership.
[8th April, 1932.]
WHEREAS it is expedient to define and amend the law relating to partnership; it ishereby enacted as
follows:—
CHAPTER I
PRELIMINARY
**1. Short title, extent and commencement.—(1) This Act may be called the Indian Partnership Act,**
1932.
1[(2) It extends to the whole of India 2[3***].]
(3) It shall come into force on the 1st day of October, 1932, except section 69, which shall come into
force on the 1st day of October, 1933.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) an“act of a firm” means any act or omission by all the partners, or by any partner or agent of
the firm which gives rise to a right enforceable by or against the firm;
(b) “business” includes every trade, occupation and profession;
(c) “prescribed” means prescribed by rules made under this Act;
(d) “third party”, used in relation to a firm or to a partner therein, means any person who is not a
partner in the firm; and
(e) expressions used but not defined in this Act and defined in the Indian Contract Act, 1872 (9 of
1872), shall have the meanings assigned to them in that Act.
**3. Application of provisions of Act 9 of 1872.—Theunrepealed provisions of the Indian Contract**
Act, 1872 (9 of 1872), save in so far as they are inconsistent with the express provisions of this Act, shall
continue to apply to firms.
**STATE AMENDMENT**
**Goa, Daman and Diu**
In exercise of the powers conferred by sub-section (2) of Section 3 of the Goa, Daman and Diu
(Laws) No. 2 Regulation, 1963, the Lieutenant Governor hereby appoints the 15[th] March 1964, as the
date on which the provisions of the Acts mentioned in the Schedule below shall come into force in
the Union Territory of Goa, Daman and Diu.
SCHEDULE
1. The Indian Partnership Act, 1932.
By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.
**[Published in the Official Gazette Series I No. 11 dated 12-3-1964] (w.e.f. 22[nd] January 1964)**
1. Subs. by the A. O. 1950, for sub-section (2).
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “except Part B States”.
3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-102019).
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CHAPTER II
THE NATURE OF PARTNERSHIP
**4. Definition of “partnership”, “partner”, “firm” and “firm name”.—“Partnership” is the relation**
between persons who have agreed to share the profits of a business carried on by all or any of them acting
for all.
Persons who have entered into partnership with one another are called individually “partners” and
collectively “a firm”, and the name under which their business is carried on is called the “firm name”.
**5. Partnership not created by status.—The relation of partnership arises from contract and not from**
status;
and, in particular, the members of a Hindu undivided family carrying on a family business as such, or
a Burmese Buddhist husband and wife carrying on business as such are not partners in such business
**6. Mode of determining existence of partnership.—In determining whether a group of personsisor**
is not a firm, or whether a person is or is not a partner in a firm, regard shall be had to the real relation
between the parties, as shown by all relevant facts taken together.
_Explanation 1.—The sharing of profits or of gross returns arising from property by persons holding a_
joint or common interest in that property does not of itself make such persons partners.
_Explanation 2.—The receipt by a person of a share of the profits of a business, or of a payment_
contingent upon the earning of profits or varying with the profits earned by a business, does not of itself
make him a partner with the persons carrying on the business;
and, in particular, the receipt of such share or payment—
(a) by a lender of money to persons engaged or about to engage in any business,
(b) by a servant or agent as remuneration,
(c) by the widow or child of a deceased partner, as annuity, or
(d) by a previous owner or part owner of the business, as consideration for the sale of the
goodwill or share thereof,
does not of itself make the receiver a partner with the persons carrying on the business.
**7. Partnership at will.—Where no provision is made by contract between the partners for the**
duration of their partnership or for the determination of their partnership, the partnership is “partnership at
will”.
**8. Particular partnership.—A person may become a partner with another person in particular**
adventures or undertakings.
CHAPTER III
RELATIONS OF PARTNERS TO ONE ANOTHER
**9. General duties of partners.—Partners are bound to carry on the business of the firm to the**
greatest common advantage, to be just and faithful to each other, and to render true accounts and full
information of all things affecting the firm to any partner or his legal representative.
**10.Duty to indemnify for loss caused by fraud.—Everypartner shall indemnify the firm for any**
loss caused to it by his fraud in the conduct of the business of the firm.
**11. Determination of rights and duties of partners by contract between the partners.**
**Agreements in restraint of trade.—(1) Subject to the provisions of this Act, the mutual rights and duties**
of the partners of a firm may be determined by contract between the partners, and such contract may be
expressed or may be implied by a course of dealing.
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Such contract may be varied by consent of all the partners, and such consent may be expressed or
may be implied by a course of dealing.
(2) Notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872),
such contracts may provide that a partner shall not carry on any business other than that of the firm while
he is a partner.
**12. The conduct of the business.—Subject to contract between the partners—**
(a) every partner has a right to take part in the conduct of the business;
(b) every partner is bound to attend diligently to his duties in the conduct of the business;
(c) any difference arising as to ordinary matters connected with the business may be decided by a
majority of the partners, and every partner shall have the right to express his opinion before the matter
is decided, but no change may be made in the nature of the business without the consent of all the
partners; and
(d) every partner has a right to have access to and to inspect and copy any of the books
of the firm.
**13. Mutual rights, and liabilities.—Subject to contract between the partners—**
(a) a partner is not entitled to receive remuneration for taking part in the conduct of the business;
(b) the partners are entitled to share equally in the profits earned, and shall contribute equally to
the losses sustained by the firm;
(c) where a partner is entitled to interest on the capital subscribed by him such interest shall be
payable only out of profits;
(d) a partner making, for the purposes of the business, any payment or advance beyond the
amount of capital he has agreed to subscribe, is entitled to interest thereon at the rate of six per cent.
per annum;
(e) the firm shall indemnify a partner in respect of payments made and liabilities incurred by
him—
(i) in the ordinary and proper conduct of the business, and
(ii) in doing such act, in an emergency, for the purpose of protecting the firm from loss, as
would be done by a person of ordinary prudence, in his own case, under similar circumstances;
and
(f) a partner shall indemnify the firm for any loss caused to it by his wilful neglect in the conduct
of the business of the firm.
**14. The property of the firm.—Subject to contract between the partners, the property of the firm**
includes all property and rights and interests in property originally brought into the stock of the firm, or
acquired, by purchase or otherwise, by or for the firm, or for the purposes and in the course of the
business of the firm, and includes also the goodwill of the business.
Unless the contrary intention appears, property and rights and interests in property acquired with
money belonging to the firm are deemed to have been acquired for the firm.
**15. Application of the property of the firm.—Subject to contract between the partners, the property**
of the firm shall be held and used by the partners exclusively for the purposes of the business.
**16. Personal profits earned by partners.—Subject to contract between the partners,—**
(a) if a partner derives any profits for himself from any transaction of the firm, or from the use of
the property or business connection of the firm or the firm name, he shall account for that profit and
pay it to the firm;
(b) if a partner carries on any business of the same nature as and competing with that of the firm,
he shall account for and pay to the firm all profits made by him in that business.
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**17. Rights and duties of partners—after a change in the firm, after the expiry of the term of the**
**firm, and—where additional undertakings are carried out.—Subject to contract between the**
partners,—
(a) where a change occurs in the constitution of a firm, the mutual rights and duties of the
partners in the reconstituted firm remain the same as they were immediately before the change, as far
as may be;
(b) where a firm constituted for a fixed term continues to carry on business after the expiry of that
term, the mutual rights and duties of the partners remain the same as they were before the expiry, so
far as they may be consistent with the incidents of partnership at will; and
(c) where a firm constituted to carry out one or more adventures or undertakings carries out other
adventures or undertakings, the mutual rights and duties of the partners in respect of the other
adventures or undertakings are the same as those in respect of the original adventures or undertakings.
CHAPTER IV
RELATIONS OF PARTNERS TO THIRD PARTIES
**18. Partner to be agent of the firm.— Subject to the provisions of this Act, a partner is the agent of**
the firm for the purposes of the business of the firm.
**19. Implied authority of partner as agent of the firm.—(1) Subject to the provisions of section 22,**
the act of a partner which is done to carry on, in the usual way, business of the kind carried on by the
firm, binds the firm.
The authority of a partner to bind the firm conferred by this section is called his “implied authority”.
(2) In the absence of any usage or custom of trade to the contrary, the implied authority of a partner
does not empower him to—
(a) submit a dispute relating to the business of the firm to arbitration,
(b) open a banking account on behalf of the firm in his own name,
(c) compromise or relinquish any claim or portion of a claim by the firm,
(d) withdraw a suit or proceeding filed on behalf of the firm,
(e)admit any liability in a suit or proceeding against the firm,
(f) acquire immovable property on behalf of the firm,
(h) transfer immovable property belonging to the firm, or
(g) enter into partnership on behalf of the firm.
**20. Extension and restriction of partner's implied authority.—The partners in a firm may, by**
contract between the partners, extend or restrict the implied authority of any partner.
Notwithstanding any such restriction, any act done by a partner on behalf of the firm which falls
within his implied authority binds the firm, unless the person with whom he is dealing knows of the
restriction or does not know or believe that partner to be a partner.
**21. Partner’s authority in an emergency.—A Partner has authority, in an emergency, to do all such**
acts for the purpose of protecting the firm from loss as would be done by a person of ordinary prudence,
in his own case, acting under similar circumstances, and such acts bind the firm.
**22. Mode of doing act to bind firm.—In order to bind a firm, an act or instrument done or executed**
by a partner or other person on behalf of the firm shall be done or executed in the firm name, or in any
other manner expressing or implying an intention to bind the firm.
**23. Effect of admissions by a partner.—An admission or representation made by a partner**
concerning the affairs of the firm is evidence against the firm, if it is made in the ordinary course of
business.
**24. Effect of notice to acting partner.—Notice to a partner who habitually acts in the business of the**
firm of any matter relating to the affairs of the firm operates as notice to the firm, except in the case of a
fraud on the firm committed by or with the consent of that partner.
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**25. Liability of a partner for acts of the firm.—Every partner is liable, jointly with all the other**
partners and also severally, for all acts of the firm done while he is a partner.
**26. Liability of the firm for wrongful acts of a partner.—Where, by the wrongful act or omission**
of a partner acting in the ordinary course of the business of a firm, or with the authority of his partners,
loss or injury is caused to any third party, or any penalty is incurred, the firm is liable therefor to the same
extent as the partner.
**27. Liability of firm for misapplication by partners.—Where—**
(a) a partner acting within his apparent authority receives money or property from a third party
and misapplies it, or
(b) a firm in the course of its business receives money or property from a third party, and the
money or property is misapplied by any of the partners while it is in the custody of the firm,
the firm is liable to make good the loss.
**28. Holding out.—(1) Anyone who by words spoken or written or by conduct represents himself, or**
knowingly permits himself to be represented, to be a partner in a firm, is liable as a partner in that firm to
anyone who has on the faith of any such representation given credit to the firm, whether the person
representing himself or represented to be a partner does or does not know that the representation has
reached the person so giving credit.
(2) Where after a partner’s death the business is continued in the old firm name, the continued use of
that name or of the deceased partner’s name as a part thereof shall not itself make his legal representative
or his estate liable for any act of the firm done after his death.
**29. Rights of transferee of a partner’s interest.—(1) A transfer by a partner of his interest in the**
firm, either absolute or by mortgage, or by the creation by him of a charge on such interest, does not
entitle the transferee, during the continuance of the firm, to interfere in the conduct of the business, or to
require accounts, or to inspect the books of the firm, but entitles the transferee only to receive the share of
profits of the transferring partner, and the transferee shall accept the account of profits agreed to by the
partners.
(2) If the firm is dissolved or if the transferring partner ceases to be a partner, the transferee is entitled
as against the remaining partners to receive the share of the assetsof the firm to which the transferring
partner is entitled, and, for the purpose of ascertaining that share, to an account as from the date of the
dissolution.
**30. Minors admitted to the benefits of partnership.—(1) A person who is a minor according to the**
law to which he is subject may not be a partner in a firm, but, with the consent of all the partners for the
time being, he may be admitted to the benefits of partnership.
(2) Such minor has a right to such share of the property and of the profits of the firm as may be
agreed upon, and he may have access to and inspect and copy any of the accounts of the firm.
(3) Such minor’s share is liable for the acts of the firm, but the minor is not personally liable for any
such act.
(4) Such minor may not sue the partners for an account or payment of his share of the property or
profits of the firm, save when severing his connection with the firm, and in such case the amount of his
share shall be determined by a valuation made as far as possible in accordance with the rules contained in
section 48:
Provided that all the partners acting together or any partner entitled to dissolve the firm upon notice to
other partners may elect in such suit to dissolve the firm, and thereupon the Court shall proceed with the
suit as one for dissolution and for settling accounts between the partners, and the amount of the share of
the minor shall be determined along with the shares of the partners.
(5) At any time within six months of his attaining majority, or of his obtaining knowledge that he had
been admitted to the benefits of partnership, whichever date is later, such person may give public notice
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that he has elected to become or that he has elected not to become a partner in the firm, and such notice
shall determine his position as regards the firm:
Provided that, if he fails to give such notice, he shall become a partner in the firm on the expiry of the
said six months.
(6) Where any person has been admitted as a minor to the benefits of partnership in a firm, the burden
of proving the fact that such person had no knowledge of such admission until a particular date after the
expiry of six months of his attaining majority shall lie on the persons asserting that fact.
(7) Where such person becomes a partner,—
(a) his rights and liabilities as a minor continue up to the date on which he becomes a partner, but
he also becomes personally liable to third parties for all acts of the firm done since he was admitted to
the benefits of partnership, and
(b) his share in the property and profits of the firm shall be the share to which he was entitled as a
minor.
(8)Where such person elects not to become a partner,—
(a) his rights and liabilities shall continue to be those of a minor under this section up to the date
on which he gives public notice,
(b) his share shall not be liable for any acts of the firm done after the date of the notice,
and
(c) he shall be entitled to sue the partners for his share of the property and profits in accordance
with sub-section (4).
(9)Nothing in sub-sections (7) and (8)shall affect the provisions of section 28.
CHAPTER V
INCOMING AND OUTGOING PARTNERS
**31. Introduction of a partner.—(1) Subject to contract between the partners and to the provisions of**
section 30, no person shall be introduced as a partner into a firm without the consent of all the existing
partners.
(2)Subject to the provisions of section 30, a person who is introduced as a partner into a firm does not
thereby become liable for any act of the firm done before he became a partner.
**32. Retirement of a partner.—(1) A partner may retire—**
(a) with the consent of all the other partners,
(b) in accordance with an express agreement by the partners, or
(c) where the partnership is at will, by giving notice in writing to all the other partners of his
intention to retire.
(2) A retiring partner may be discharged from any liability to any third party for acts of the firm done
before his retirement by an agreement made by him with such third party and the partners of the
reconstituted firm, and such agreement may be implied by a course of dealing between such third party
and the reconstituted firm after he had knowledge of the retirement.
(3) Notwithstanding the retirement of a partner from a firm, he and the partners continue to
be liable as partners to third parties for any act done by any of them which would have been an
act of the firm if done before the retirement, until public notice is given of the retirement:
Provided that a retired partner is not liable to any third party who deals with the firm without knowing
that he was a partner.
(4) Notices under sub-section (3) may be given by the retired partner or by any partner of the
reconstituted firm.
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**33. Expulsion of a partner.—(1) Apartner may not be expelled from a firm by any majority of the**
partners, save in the exercise in good faith of powers conferred by contract between the partners.
(2)The provisions of sub-sections (2), (3)and (4)of section 32 shall apply to an expelled partner as if
he were a retired partner.
**34. Insolvency of a partner.—(1) Where a partner in a firm is adjudicated an insolvent he ceases**
to be a partner on the date on which the order of adjudication is made, whether or not the firm is
thereby dissolved.
(2)Where under a contract between the partners the firm is not dissolved by the adjudication ofa
partner as an insolvent, the estate of a partner so adjudicated is not liable for any act of the firm and the
firm is not liable for any act of the insolvent, done after the date on which the order of adjudication is
made.
**35. Liability of estate of deceased partner. — Where under a contract between the partners the firm**
is not dissolved by the death of a partner, the estate of a deceased partner is not liable for any act of the
firm done after his death.
**36. Rights of outgoing partner to carry on competing business. Agreements in restraint of**
**trade.—(1) An outgoing partner may carry on a business competing with that of the firm and he may**
advertise such business, but, subject to contract to the contrary, he may not—
(a) use the firm name,
(b) represent himself as carrying on the business of the firm, or
(c) solicit the custom of persons who were dealing with the firm before he ceased to be a partner.
(2) A partner may make an agreement with his partners that on ceasing to be a partner he will not
carry on any business similar to that of the firm within a specified period or within specified local limits;
and, notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such
agreement shall be valid if the restrictions imposed are reasonable.
**37. Right of outgoing partner in certain cases to share subsequent profits.—Where any member**
of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on
the business of the firm with the property of the firm without any final settlement of accounts as between
them and the outgoing partner or his estate, then, in the absence of a contract to the contrary, the outgoing
partner or his estate is entitled at the option of himself or his representatives to such share of the profits
made since he ceased to be a partner as may be attributable to the use of his share of the property of the
firm or to interest at the rate of six per cent. per annum on the amount of his share in the property of the
firm:
Provided that whereby contract between the partners an option is given to surviving or continuing
partners to purchase the interest of a deceased or outgoing partner, and that option is duly exercised, the
estate of the deceased partner, or the outgoing partner or his estate, as the case may be, is not entitled to
any further or other share of profits; but if any partner assuming to act in exercise of the option does not
in all material respects comply with the terms thereof, he is liable to account under the foregoing
provisions of this section.
**38. Revocation of continuing guarantee by change in firm.** —A continuing guarantee given
to a firm, or to a third party in respect of the transactions of a firm, is, in the absence of agreement to the
contrary, revoked as to future transactions from the date of any change in the constitution of the firm.
CHAPTER VI
DISSOLUTION OF A FIRM
**39. Dissolution of a firm.—The dissolution of partnership between all the partners of a firm is called**
the “dissolution of the firm”.
**[40. Dissolution by agreement.—A firm may be dissolved with the consent of all the partners or in](http://may.be/)**
accordance with a contract between the partners.
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**41. Compulsory dissolution.—A firm is dissolved—**
(a) by the adjudication of all the partners or of all the partners but one as insolvent, or
(b) by the happening of any event which makes it unlawful for the business of the firm to be
carried on or for the partners to carry it on in partnership :
Provided that, where more than one separate adventure or undertaking is carried on by the firm, the
illegality of one or more shall not of itself cause the dissolution of the firm in respect of its lawful
adventures and undertakings.
**42. Dissolution on the happening of certain contingencies.—Subject to contract between the**
partners a firm is dissolved—
(a) if constituted for a fixed term, by the expiry of that term;
(b) if constituted to carry out one or more adventures or undertakings, by the completion thereof;
(c) by the death of a partner; and
(d) by the adjudication of a partner as an insolvent.
**43. Dissolution by notice of partnership at will.—(1) Where the partnership is at will, the firm may**
be dissolved by any partner giving notice in writing to all the other partners of his intention to dissolve the
firm.
(2) The firm is dissolved as from the date mentioned in the notice as the date of dissolution or, if no
date is so mentioned, as from the date of the communication of the notice.
**44. Dissolution by the Court.—At the suit of a partner, the Court may dissolve a firm on any of the**
following grounds, namely:—
(a) that a partner has become of unsound mind, in which case the suit may be brought as well by
the next friend of the partner who has become of unsound mind as by any other partner;
(b) that a partner, other than the partner suing, has become in any way permanently incapable of
performing his duties as partner;
(c) that a partner, other than the partner suing, is guilty of conduct which is likely to affect
prejudicially the carrying on of the business, regard being had to the nature of the business;
(d) that a partner, other than the partner suing, wilfully or persistently commits breach of
agreements relating to the management of the affairs of the firm or the conduct of its business, or
otherwise so conducts himself in matters relating to the business that it is not reasonably practicable
for the other partners to carry on the business in partnership with hint;
(e) that a partner, other than the partner suing, has in any way transferred the whole of his interest
in the firm to a third party, or has allowed his share to be charged under the provisions of rule 49 of
Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), or has allowed it to
be sold in the recovery of arrears of land-revenue or of any dues recoverable as arrears of landrevenue due by the partner;
(f) that the business of the firm cannot be carried on save at a loss; or
(g) on any ground which renders it just and equitable that the firm should be dissolved.
**45. Liability for acts of partners done after dissolution.—(1) Notwithstanding the dissolution of a**
firm, the partners continue to be liable as such to third parties for any act done by any of them which
would have been an act of the firm if done before the dissolution, until public notice is given of the
dissolution:
Provided that the estate of a partner who dies, or who is adjudicated an insolvent, or of a partner who,
not having been known to the person dealing with the firm to be a partner, retires from the firm, is not
liable under this section for acts done after the date on which he ceases to be a partner.
(2) Notices under sub-section (1) may be given by any partner.
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# 46. Right of partners to have business wound up after dissolution.—On the dissolution of a
firm every partner or his representative is entitled, as against all the other partners or their representatives, to have the property of the firm applied in payment of the debts and liabilities of the
firm, and to have the surplus distributed among the partners or their representatives according to their
rights.
**47. Continuing authority of partners for purposes of winding up.—After the dissolution of a firm**
the authority of each partner to bind the firm, and the other mutual rights and obligations of the partners,
continue notwithstanding the dissolution, so far as may be necessary to wind up the affairs of the firm and
to complete transactions begun but unfinished at the time of the dissolution, but not otherwise:
Provided that the firm is in no case bound by the acts of a partner who has been adjudicated insolvent;
but this proviso does not affect the liability of any person who has after the adjudication represented
himself or knowingly permitted himself to be represented as a partner of the insolvent.
**48. Mode of settlement of accounts between partners. —In settling the accounts of a firm after**
dissolution, the following rules shall, subject to agreement by the partners, be observed: —
(a) Losses, including deficiencies of capital, shall be paid first out of profits, next out of capital,
and, lastly, if necessary, by the partners individually in the proportions in which they were entitled to
share profits.
(b) The assets of the firm, including any sums contributed by the partners to make up deficiencies
of capital, shall be applied in the following manner and order:—
(i) in paying the debts of the firm to third parties;
(ii) in paying to each partner rateably what is due to him from the firm for advances as
distinguished from capital;
(iii) in paying to each partner rateably what is due to him on account of capital; and
(iv) the residue, if any, shall be divided among the partners in the proportions in which they
were entitled to share profits.
**49. Payment of firm debts and of separate debts.—Where there are joint debts due from the firm,**
and also separate debts due from any partner, the property of the firm shall be applied in the first instance
in payment of the debts of the firm, and, if there is any surplus, then the share of each partner shall be
applied in payment of his separate debts or paid to him. The separate property of any partner shall be
applied first, in the payment of his separate debts, and the surplus (if any) in the payment of the debts of
the firm.
**50. Personal profits earned after dissolution.—Subject to contract between the partners, the**
provisions of clause (a) of section 16 shall apply to transactions by any surviving partner or by the
representatives of a deceased partner, undertaken after the firm is dissolved on account of the death of a
partner and before its affairs have been completely wound up:
Provided that where any partner or his representative has bought the goodwill of the firm, nothing in
this section shall affect his right to use the firm name.
**51. Return of premium on premature dissolution. —Where a partner has paid a premium on**
entering into partnership for a fixed term, and the firm is dissolved before the expiration of that term
otherwise than by the death of a partner, he shall be entitled to repayment of the premium or of such part
thereof as may be reasonable, regard being had to the terms upon which he became a partner and to the
length of time during which he was a partner, unless—
(a) the dissolution is mainly due to his own misconduct, or
(b) the dissolution is in pursuance of an agreement containing no provision for the return of the
premium or any part of it.
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**52. Rights where partnership contract is rescinded for fraud or misrepresentation.—Where a**
contract creating partnership is rescinded on the ground of the fraud or misrepresentationofany of the
parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled—
(a) to a lien on, or a right of retention of, the surplus or the assets of the firm remaining after the
debts of the firm have been paid, for any sum paid by him for the purchase of a share in the firm and
for any capital contributed by him;
(b) to rank as a creditor of the firm in respect of any payment made by him towards the debts of
the firm; and
(c) to be indemnified by the partner or partners guilty of the fraud or misrepresentation against all
the debts of the firm.
**53. Right to restrain from use of firm name or firm property.—After a firm is dissolved, every**
partner or his representative may, in the absence of a contract between the partners to the contrary,
restrain any other partner or his representative from carrying on a similar business in the firm name or
from using any of the property of the firm for his own benefit, until the affairs of the firm have been
completely wound up:
Provided that where any partner or his representative has bought the goodwill of the firm, nothing in
this section shall affect his right to use the firm name.
**54. Agreements in restraint of trade.—Partners may, upon or in anticipation of the dissolution of**
the firm, make an agreement that some or all of them will not carry on a business similar to that of the
firm within a specified period or within specified local limits; and notwithstanding anything contained in
section 27 of the Indian Contract Act, 1872 (9 of 1872), such agreement shall be valid if the restrictions
imposed are reasonable.
**55. Sale of goodwill after dissolution. Rights of buyer and seller of goodwill. Agreements in**
**restraint of trade.—(1) In settling the accounts of a firm after dissolution, the goodwill shall, subject to**
contract between the partners, be included in the assets, and it may be sold either separately or along with
other property of the firm.
(2) Where the goodwill of a firm is sold after dissolution, a partner may carry on a business
competing with that of the buyer and he may advertise such business, but, subject to agreement between
him and the buyer, he may not—
(a) use the firm name,
(c) represent himself as carrying on the business of the firm, or
(c) solicit the custom of persons who were dealing with the firm before its dissolution.
(3) Any partner may, upon the sale of the goodwill of a firm, make an agreement with the buyer that
such partner will not carry on any business similar to that of the firm within a specified period or within
specified local limits, and, notwithstanding anything contained in section 27 of the Indian Contract Act,
1872 (9 of 1872), such agreement shall be valid if the restrictions imposed are reasonable.
CHAPTER VII
REGISTRATION OF FIRMS
**56. Power to exempt from application of this Chapter.—The[1][State Government of any State]**
may, by notification in the Official Gazette, direct that the provisions of this Chapter shall not apply to
2[that State] or to any part thereof specified in the notification.
**57. Appointment of Registrars.—(1) The State Government may appoint Registrars of Firms for the**
purposes of this Act, and may define the areas within which they shall exercise their powers and perform
their duties.
1. Subs. by the A.O. 1937, for “G. G. in C.”.
2. Subs. ibid., for “any province”.
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(2) Every Registrar shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
**STATE AMENDMENT**
**Goa, Daman and Diu**
In exercise of power conferred under sub-section (1) of Section 57 of the **Indian Partnership**
**Act, 1932 (IX of 1932) (hereinafter referred to as the Act), the Government of Goa, in supersession**
of all earlier Notifications which may have been issued in the context and which may render to be
contradictory to present Notification hereby appoints the Officers shown in Column No. II of the
table below as Registrar of Firms who shall exercise, perform and discharge the powers, functions
and duties of the Registrar under the Act within the jurisdiction mentioned in Column No. III of the
table below:–
Sr. Designation of Officer Jurisdiction
No.
I II III
1. Civil Registrar-cum-Sub-Registrar, Pernem Pernem Taluka
2. Jt. Civil Registrar-cum-Sub-Registrar-I, Bardez Bardez Taluka
3. Civil Registrar-cum-Sub-Registrar, Bicholim Bicholim Taluka
4. Civil Registrar-cum-Sub-Registrar, Sattari Sattari Taluka
5. Jt. Civil Registrar-cum-Sub-Registrar-I, Tiswadi Tiswadi Taluka
6. Jt. Civil Registrar-cum-Sub-Registrar-I, Ponda Ponda Taluka
7. Civil Registrar-cum-Sub-Registrar, Dharbandora Dharbandora Taluka
8. Jt. Civil Registrar-cum-Sub-Registrar-I, Mormugao Mormugao Taluka
9. Jt. Civil Registrar-cum-Sub-Registrar-I, Salcete Salcete Taluka
10. Civil Registrar-cum-Sub-Registrar, Quepem Quepem Taluka
11. Civil Registrar-cum-Sub-Registrar, Sanguem Sanguem Taluka
12. Civil Registrar-cum-Sub-Registrar, Canacona Canacona Taluka
This Notification shall come into force with immediate effect.
**_(Published in the Official Gazette Series I No. 49(Extraordinary) dated 7-3-2019) (w.e.f._** 8/42/2018LD(Estt)/469 dated 6-03-2019)
**58. Application for registration.—(1) The registration of a firm may be effected at any time by**
sending by post or delivering to the Registrar of the area in which any place of business of the firm is
situated or proposed to be situated, a statement in the prescribed form and accompanied by the prescribed
fee, stating—
(a) the firm name,
(b) the place or principal place of business of the firm,
(c) the names of any other places where the firm carries on business,
(d) the date when each partner joined the firm,
(e) the names in full and permanent addresses of the partners, and
(f) the duration of the firm.
The statement shall be signed by all the partners, or by their agents specially authorised in thisbehalf.
(2) Each person signing the statement shall also verify it in the manner prescribed.
(3) A firm name shall not contain any of the following words, namely:—
|table below|w:–|Col3|
|---|---|---|
|Sr. No.|Designation of Officer|Jurisdiction|
|I|II|III|
|1.|Civil Registrar-cum-Sub-Registrar, Pernem|Pernem Taluka|
|2.|Jt. Civil Registrar-cum-Sub-Registrar-I, Bardez|Bardez Taluka|
|3.|Civil Registrar-cum-Sub-Registrar, Bicholim|Bicholim Taluka|
|4.|Civil Registrar-cum-Sub-Registrar, Sattari|Sattari Taluka|
|5.|Jt. Civil Registrar-cum-Sub-Registrar-I, Tiswadi|Tiswadi Taluka|
|6.|Jt. Civil Registrar-cum-Sub-Registrar-I, Ponda|Ponda Taluka|
|7.|Civil Registrar-cum-Sub-Registrar, Dharbandora|Dharbandora Taluka|
|8.|Jt. Civil Registrar-cum-Sub-Registrar-I, Mormugao|Mormugao Taluka|
|9.|Jt. Civil Registrar-cum-Sub-Registrar-I, Salcete|Salcete Taluka|
|10.|Civil Registrar-cum-Sub-Registrar, Quepem|Quepem Taluka|
|11.|Civil Registrar-cum-Sub-Registrar, Sanguem|Sanguem Taluka|
|12.|Civil Registrar-cum-Sub-Registrar, Canacona|Canacona Taluka|
-----
“Crown”, “Emperor”, “Empress”, “Empire”, “Imperial”, “King”, “Queen”, “Royal”, orwords
expressing or implying the sanction, approval or patronage of[1]*** Government [2]***,except [3][when
the State Government] signifies [4][its] consent to the use of such words as part of the firm name by
order in writing [5]***.
**STATE AMENDMENT**
**Goa, Daman and Diu**
The Government of Goa is hereby pleased to levy a non-refundable processing fee of Rs.
1,000/- (Rupees one thousand only) for processing the documents for registration of Partnership
Firm under the Indian Partnership Act, 1932 (Central Act 9 of 1932).
This Order shall come into force with effect from the 1st day of April, 2017.
**_(Published in the Official Gazette Series I No. 52 (Extraordinary-2) dated 31-3-2017) (w.e.f._** 8-5-2017LD(Estt.) (C)/407 dated 31-3-2017)
**Uttarakhand**
**Substitution of section 58.—In the Indian Partnership Act, 1932, (hereinafter referred to as the**
Principal Act) section 58 shall be substituted as follows, namely:
**58. Application for registration.—(1) The registration of a firm may be effected at any time by**
uploading on the website following statement in the prescribed online form and accompanied with
prescribed fees to the Registrar of the area in which any place of business of the firm is situated or
proposed to be situated, stating.—
(a) the firm name,
(b) the place or principal place of business of the firm,
(c) the names of any other places where the firm carries on business,
(d) the date when each partner joined the firm,
(e) the names in full and permanent addresses of the partners, and
(f) the duration of the film.
The statement shall be digitally signed by all the partners or by their agents specially authorized
in this behalf.
(2) The applicant, signing the statement shall also upload to the website, verifying the statement
recorded in the online format mentioned in sub-section (1), verifying it in the affidavit certified by the
Notary on the non-judicial stamp paper of Rs. 10/.
(3) The desired enclosed shall also be uploaded on website, by the applicant.
(4) A firm name shall not contain the word Union, State, Land Mortgage, Land development,
Cooperative, Gandhi, Reserve Bank or any of the words expressing or implying the sanction, approval or
patronage of Government, except when the State Government signifies its consent to the use of such
words as part of the firm name by order in writing.
(5) The prescribed fee of registration shall be submitted online after the online approval given by the
Registrar.
1. The words “the Crown or the Central Government or any Provincial” omitted by the A. O. 1950. The words “the
CentralGovernment or any Provincial Government or the Crown Representative” were subs. by the A. O. 1937 for “the G. of I.
or a L. G.”
2. The words “or the Crown Representative” omitted by the A.O. 1948.
3. Subs. by the A.O. 1937, for “when the G.G. in C.”.
4. Subs.ibid. for “his”
5. The words “under the hand of one of the Secretaries to the G. of I.” omitted, ibid.
-----
(6) After submitting the prescribed registration fee the digitally signed registration certificate may be
downloaded from the website by the applicant.
[Vide Uttarakhand Act 5 of 2019, s. 2]
**Rajasthan**
**Amendment of section 58, Central Act IX of 1932.—For sub-section (3) of section 58 of the Indian**
Partnership Act, 1932 (Central Act IX of 1932), hereinafter referred to as the principal Act, the following
sub-sections shall be substituted, namely :
"(3) No firm shall be registered by a name which, in the opinion of the State Government, is
undesirable.
(4) Except with the previous sanction in writing of the State Government, no firm shall be
registered by a name which contains any of the following words, namely:
(a) 'Union', 'State', 'President', 'Republic' or any word expressing or implying the sanction,
approval or patronage of the Central or any State Government ; and
(b) 'Municipal', 'Chartered' or any word which suggests or is calculated to suggest
connection with any municipality or other local authority:
Provided that nothing in this sub-section shall apply to any firm registered before the date of the
commencement of the Indian Partnership (Rajasthan Amendment) Act, 1971."
[Vide Rajasthan Act 10 of 1971, s. 2]
**59. Registration.—Where the Registrar is satisfied that the provisions of section 58 have been duly**
complied with, he shall record an entry of the statement in a register called the Register of Firms, and
shall file the statement.
**STATE AMENDMENTS**
**Karnataka**
**Amendment of section 59A.—In section 59A of the Indian Partnership Act, 1932 (Central Act IX of**
1932), in sub-section (1), for the words “by reason of the reorganization of States”, the words, figures and
brackets “by reason of the addition of the Bellary District to the State of Mysore under the Andhra State
Act, 1953 (Central Act XXX of 1953), or of the reorganization of States under the States Reorganisation
Act, 1956 (Central Act 37 of 1956)” shall be substituted.
[Vide Karnataka Act 19 of 1961, s. 2]
**Maharashtra**
**Amendment of section 59A-1 of IX of 1932.-In section 59A-1 of the Indian Partnership Act, 1932**
(IX of 1932), in its application to the State of Maharashtra (hereinafter referred to as "the principal Act"),
for the words "one hundred rupees" the words "one thousand rupees" shall be substituted.
[Vide Maharashtra Act 16 of 2018, s. 2]
**Goa, Daman and Diu**
As required under the Ease of Doing Business, Government of Goa, Law (Establishment)
Division and Registration Department hereby mandates “Registration of Partnership Firms” shall be
accepted and processed Online only without requiring the applicant to submit a physical copy of the
application or associated supporting documentation including executed deed of Partnership. The
department staff (all Sub-Registrar Officers) are hereby instructed to process application through the
online mode only.
Further, it is also mandated that all queries against applicants, applications (if any) should be
submitted to the applicants only once and within 7 days of receipt of the application.
This Notification shall come into force with effect from 8th of March, 2019.
-----
This issues in supersession to earlier Notification of even number dated 11-12-2018 and all the
Partnership Firms registration initiated under Online Partnership Registration Web
Application/Website (https://partnership.goa.gov.in).
(Published in the Official Gazette Series I No. 49(Extraordinary) dated 7-3-2019) (w.e.f. 8/8/2018LD(Estt)/470 dated 7th March 2019.)
**60. Recording of alterations in firm name and principal place of business.—(1) When an**
alteration is made in the firm name or in the location of the principal place of business of a registered
firm, a statement may be sent to the Registrar accompanied by the prescribed fee, specifying the
alteration, and signed and verified in the manner required under section 58.
(2) When the Registrar is satisfied that the provisions of sub-section (1) have been duly complied
with, he shall amend the entry relating to the firm in the Register of Firms in accordance with the
statement, and shall file it along with the statement relating to the firm filed under section 59.
**61. Noting of closing and opening of branches.—When a registered firm discontinues business at**
any place or begins to carry or business at any place, such place not being its principal place of business,
any partner or agent of the firm may send intimation thereof to the Registrar, who shall make a note of
such intimation in the entry relating to the firm in the Register of Firms, and shall file the intimation along
with the statement relating to the firm filed under section 59.
**62. Noting of changes in names and addresses of partners.—When anypartner in a registered firm**
alters his name or permanent address, an intimation of the alteration may be sent by any partner or agent
of the firm to the Registrar, who shall deal with it in the manner provided in section 61.
**63. Recording of changes in and dissolution of a firm. Recording of withdrawal of a minor.—(1)**
When a change occurs in the constitution of a registered firm any incoming, continuing or
outgoingpartner, and when a registered firm is dissolved any person who was a partner immediately
before the dissolution, or the agent of any such partner or person specially authorised in this behalf, may
give notice to the Registrar of such change or dissolution, specifying the date thereof; and the Registrar
shall make a record of the notice in theentry relating to the firm in the Register of Firms, and shall file the
notice along with the statement relating to the firm filed under section 59.
(2) When a minor who has been admitted to the benefits of partnership in a firm attains majority and
elects to become or not to become a partner, and the firm is then a registered firm, he, or his agent
specially authorised in this behalf, may give notice to the Registrar that he has or has not become a
partner, and the Registrar shall deal with the notice in the manner provided in sub-section (1)
**64. Rectification of mistakes.—(1) The Registrar shill have power at all times to rectify any mistake**
in order to bring the entry in the Register of Firms relating to any firm into conformity with the
documents relating to that firm filed under this Chapter.
(2) On application made by all the parties who have signed any document relating to a firm filed
under this Chapter, the Registrar may rectify any mistake in such document or in the record or note
thereof made in the Register of Firms.
**65. Amendment of Register by order of Court.—A Court deciding any matter relating to a**
registered firm may direct that the Registrar shall make any amendment in the entry in the Register of
Firms relating to such firm which is consequential upon its decision; and the Registrar shall amend the
entry accordingly.
**66. Inspection of Register and filed documents.—(1) The Register of Firms shall be open to**
inspection by any person on payment of such fee as may be prescribed.
(2) All statements, notices and intimations filed under this Chapter shall be open to inspection,
subject to such conditions and on payment of such fee as may be prescribed.
**67. Grant of copies.—The Registrar shall on application furnish to any person, on payment of such**
fee as may be prescribed, a copy, certified under his hand, of any entry or portion thereof in the Register
of Firms.
-----
**STATE AMENDMENT**
**Uttarakhand**
**Substituted of section 67.—In Principal Act, section 67 shall be substituted as follow, namely:--**
**67. Grant of copies.—The Registrar shall on online application furnish to any person, on**
payment of such fee as may be prescribed, a copy digitally certified under his hand of any entry or
portion thereof in the register of firms.
[Vide Uttarakhand Act 5 of 2019, s. 3]
**68. Rules of evidence.—(1) Any statement, intimation or notice recorded or noted in the Register of**
Firms shall, as against any person by whom or on whose behalf such statement, intimation or notice was
signed, be conclusive proof of any fact therein stated.
(2) A certified copy of an entry relating to a firm in the Register of Firms may be produced in proof
of the fact of the registration of such firm, and of the contents of any statement, intimation or notice
recorded or noted therein.
**STATE AMENDMENT**
**Uttarakhand**
**Amendment of section 68.—In Principal Act, sub-section (1) of section 68 shall be substituted as**
follows, namely:-
**68. Rules of Evidence:--(1) Any statement, intimation or notice recorded or noted in the register**
of Firms shall, as against any person by whom or on whose behalf such statement, intimation or
notice was digitally signed, be conclusive proof of any fact therein stated.
[Vide Uttarakhand Act 5 of 2019, s. 4]
**69. Effect of non-registration.—(1) No suit to enforce a right arising from a contract or conferred by**
this Act shall be institutes in any Court by or on behalf of any person suing as a partner in a firm against
the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and
the person suing is or has been shown in the Register of Firms as a partner in the firm.
(2) No suit to enforce a tight arising from a contract shall be instituted in any Court by or on behalf of
a firm against any third party unless the firm is registered and the persons suing are or have been shown
in the Register of Firms as partners in the firm.
(3) The provisions of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding
to enforce a right arising from a contract, but shall not affect—
(a) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved
firm, or a ay right or power to realise the property of a dissolved firm, or
(b) the powers of an official assignee, receiver or Court under the Presidency-towns Insolvency
Act, 1909 (2 of 1909), or the Provincial Insolvency Act, 1920 (5 of 1920), to realise the property of
an insolvent partner.
(4) This section shall not apply—
(a) to firms or to partners in firms which have no place of business in [1][the territories to which
this Act extends], or whose places of business in [2][the said territories] are situated in areas to which,
by notification under [3][section 56], this Chapter does not apply, or
(b) to any suit or claim of set-off not exceeding one hundred rupees in value which, in the
Presidency-towns, is not of a kind specified in section 19 of the Presidency Small Cause Courts Act,
1882 (15 of 1882), or, outside the Presidency-towns, is not of a kind specified in the Second Schedule
to the Provincial Small Cause Courts Act, 1887 (9 of 1887), or to any proceeding in execution or
other proceeding incidental to or arising from any such suit or claim.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “Part A States and Part C States”.
2. Subs. by s. 3 and the Schedule, ibid.,for “such States”.
3. Subs. by Act 24 of 1934, s. 2 and the First Schedule, for “section 55”.
-----
**STATE AMENDMENT**
**Maharashtra**
**Substitution of section 69A of IX of 1932.--For section 69A of the principal Act, the following**
section shall be substituted, namely:-
"69A. Charges for delay in compliance of section 60, 61, 62 or 63.--If any statement, intimation or
notice under section 60, 61, 62 or as the case may be, 63, in respect of any registered firm is not sent or
given to the Registrar, within the period specified in that section, the Registrar may, make suitable
amendments in the records relating to the firm, upon payment of charges for delay in sending or giving
the same, at the rate of rupees two thousand per year or part thereof in respect of the period between the
date of expiry of the period specified in that section and the date of making the payment.”.
[Vide Maharashtra Act 16 of 2018, s. 3]
**70. Penalty for furnishing false particulars.—Any person who signs any statement, amending**
statement, notice or intimation under this Chapter containing any particular which he knows to be false or
does not believe to be true, or containing particulars which he knows to be incomplete or does not believe
to be complete, shall be punishable with imprisonment which may extend to three months, or with fine, or
with both.
**71. Power to make roles.— (1) The** [1][State Government] [2][may by notification in the Official
Gazette make rules] prescribing the fees which shall accompany documents sent to the Registrar of Firms,
or which shall be payable for the inspection of documents in the custody of the Registrar of Firms, or for
copies from the Register of Firms:
Provided that such fees shall not exceed the maximum fees specified in Schedule I.
(2) The State Government may [3][also] make rules—
(a)prescribing the form of statement submitted under section 58, and of the verification thereof;
(b) requiring statements, intimations and notices under sections 60, 61, 62 and 63 to be in
prescribed form,and prescribing the form thereof;
(c) prescribing the form of the Register of Firms, and the mode in which entries relating to firms
are to be made therein, and the mode in which such entries are to be amended or notes made therein;
(d) regulating the procedure of the Registrar when disputes arise;
(e) regulating the filing of documents received by the Registrar;
(f) prescribing conditions for the inspection of original documents;
(g) regulating the grant of copies;
(h) regulating the elimination of registers and documents;
(i) providing for the maintenance and form of an index to the Register of Firms; and
(j) generally, to carry out the purposes of this Chapter.
(3) All rules made under this section shall be subject to the condition of previous publication.
4[(4) Every rule made by the State Government under this section shall be laid, as soon as it is made,
before the State Legislature.]
CHAPTER VIII
SUPPLEMENTAL
**72. Mode of giving public notice.—A public notice under this Act is given—**
(a) where it relates to the retirement or expulsion of a partner from a registered firm, or to the
dissolution of a registered firm, or to the election to become or not to become a partner in a registered
firm by a person attaining majority who was admitted as a minor to the benefits of partnership, by
1. Subs. by the A.O. 1937, for “G.G. in C.”.
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for “may make rules” (w.e.f. 15-3-1984).
3. Ins. by the A.O. 1937.
4. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984).
-----
notice to the Registrar of Firms under section 63, and by publication in the Official Gazette and in at
least one vernacular newspaper circulating in the district where the firm to which it relates has its
place or principal place of business, and
(b) in any other case, by publication in the Official Gazette and in at least one vernacular
newspaper circulating in the district where the firm to which it relates has its place or principal place
of business.
**73. [Repeals.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.**
**74. Savings.—Nothing in this Act or any repeal effected thereby shall affect or be deemed to affect—**
(a) any right, title, interest, obligation or liability already acquired, accrued or incurred before the
commencement of this Act, or
(b) any legal proceeding or remedy in respect of any such right, title, interest, obligation or
liability, or anything done or suffered before the commencement of this Act, or
(c) anything done or suffered before the commencement of this Act, or
(d) any enactment relating to partnership not expressly repealed by this Act, or
(e) any rule of insolvency relating to partnership, or
(f) any rule of law not inconsistent with this Act.
_____
-----
SCHEDULE I
MAXIMUM FEES
[See sub-section (1) of section 71.]
Document or act in respect of which
Maximum fee
the fee is payable
Statement under section 58………………………... Three rupees.
Statement under section 60………………………... One rupee.
Intimation under section 61………………………... One rupee.
Intimation under section 62 ……………………….. One rupee.
Notice under section 63……………………………. One rupee.
Application under section 64……………………… One rupee.
Inspection of the Register of Firms under Eight annas for inspecting one
sub-section (1) of section 66…………………….… volume of the Register.
Inspection of documents relating to a firm Eight annas for the inspection
under sub-section (2) of section 66…….………….. of all documents relating to onefirm.
Four annas for each hundred
Copies from the Register of Firms
words of part thereof.
**STATE AMENDMENTS**
**Karnataka**
**Amendment of Schedule I.—In schedule I to the Indian Partnership Act, 1932 (Central Act 9 of**
1932),—
(1) for the words “Three rupees” and “Four annas”, where they occur, the words “one hundred
rupees”, and “one rupees”, shall respectively be substituted;
(2) for the words “One rupee” appearing against “Statement under section 60”, the words, “fifty
rupees”, shall be substituted;
(3) for the words “One rupee” appearing against “Intimation under section 61,” “Intimation under 62”
and “Notice under section 63” and “application under section 64,” the words “Twenty five rupees” shall
respectively be substituted.
(4) for the words, “Eight annas” appearing against “Inspection of the Register of Firms under sub
section (1) of section 66”, the words, “Twenty rupees”, shall be substituted;
(5) for the words, “Eight annas”, appearing against “Inspection of documents relating to a firm under
sub-section (2) of section 66”, the words “Ten rupees” shall be substituted.
[Vide Karnataka Act 1 of 1987, s. 2].
-----
**STATE AMENDMENT**
**Kerala**
**Substitution of new Schedule for Schedule I.-In the Indian Partnership Act, 1932 (Central Act 9 of**
1932), for Schedule I, the following Schedule shall be substituted, namely
“SCHEDULEI
MaximumFees
[See sub-section (1) of section 71]
**Document or act in respect of which the fee is** **Maximum fee**
**payable**
Statement under section 58 Five hundred rupees.
Statement under section 60 Two hundred rupees.
Intimation under section 61 Two hundred rupees.
Intimation under Section 62 Two hundred rupees
Notice under section 63 Two hundred rupees
Application udner section 64 Two hundred rupees
Inspection of the Register of Firms under sub-section Fifty Rupees for inspecting one volumn of
(1) of section 66 theRegister.
Inspection of documents relating to a firm under sub- One hundred rupees for the inspection of all
section (2) of section 66 documents relating to one firm.
Copies from the Register of Firms One hundred rupees for each hundred words
or a part thereof.”
[Vide Kerala Act 32 of 2013, s. 2]
**Kerala**
**Substitution of new Schedule for Schedule I.-In the Indian Partnership Act, 1932 (Central Act 9**
of 1932), for Schedule I, the following Schedule shall be substituted, namely:
“SCHEDULE I
Maximum Fees
[See sub-section (1) of section 71]
**Document or act in respect of which the fee is** **Maximum fee**
**payable**
Statement under section 58 Fifteen rupees
Statement under section 60 Five rupees
Intimation under section 61 Five rupees
Intimation under section 62 Five rupees
Notice under section 63 Five rupees
Application under section 64 Five rupees
Inspection of the Register of Firms under sub-section Two rupees for inspecting one volume of the
(1) of section 66 Register
Inspection of documents relating to a firm under sub- Two rupees for the inspection of all
section (2) of section 66 documents relating to one firm
Copies from the Register of Firms Fifty paise for each hundred words or part
thereof.”
[Vide kerala Act 25 of 1973, s. 2]
|Document or act in respect of which the fee is payable|Maximum fee|
|---|---|
|Statement under section 58|Five hundred rupees.|
|Statement under section 60|Two hundred rupees.|
|Intimation under section 61|Two hundred rupees.|
|Intimation under Section 62|Two hundred rupees|
|Notice under section 63|Two hundred rupees|
|Application udner section 64|Two hundred rupees|
|Inspection of the Register of Firms under sub-section (1) of section 66|Fifty Rupees for inspecting one volumn of theRegister.|
|Inspection of documents relating to a firm under sub- section (2) of section 66|One hundred rupees for the inspection of all documents relating to one firm.|
|Copies from the Register of Firms|One hundred rupees for each hundred words or a part thereof.”|
|Document or act in respect of which the fee is payable|Maximum fee|
|---|---|
|Statement under section 58|Fifteen rupees|
|Statement under section 60|Five rupees|
|Intimation under section 61|Five rupees|
|Intimation under section 62|Five rupees|
|Notice under section 63|Five rupees|
|Application under section 64|Five rupees|
|Inspection of the Register of Firms under sub-section (1) of section 66|Two rupees for inspecting one volume of the Register|
|Inspection of documents relating to a firm under sub- section (2) of section 66|Two rupees for the inspection of all documents relating to one firm|
|Copies from the Register of Firms|Fifty paise for each hundred words or part thereof.”|
-----
**Rajasthan**
**Substitution of Schedule I to the Central Act IX of 1932. – In Schedule I of Indian Partnership Act,**
1932 (Central Act IX of 1932), for Schedule I, as existing in the application thereof to the State of
Rajasthan, the following shall be substituted, namely:
**"SCHEDULE-I**
Maximum Fees
[See sub-section (1) of Section 71]
# Document or Act in respect of which the
fee is payable.
# Maximum Fee
# 1 2 3
1. Statement under Section 58 Hundred Rupees
2. Statement Under Section 60 Thirty Rupees
3. Intimation Under Section 61 Thirty Rupees
4. Intimation Under Section 62 Thirty Rupees
5. Notice Under Section 63 Thirty Rupees
6. Application Under Section 64 Thirty Rupees
# 7. Inspection of the Register of Firms Under
Sub-Section (1) of Section 66
8. Inspection of documents relating to a firm
under sub-section (2) of Section 66
# Twenty Ruppes for inspection of one
volume of register
Twenty Rupees for inspection of all
documents relating to one firm
# 9. Copies from the Register of Firms Six Rupees for each hundred words or
part thereof.”
[Vide Rajasthan Act 8 of 1996, s. 2]
**Substitution of new Schedule for Schedule I to Central Act IX of 1932.— For Schedule I to the**
principal Act, the following Schedule shall be substituted, namely:
-----
# "SCHEDULE I
Maximum Fees.
# (See sub-section (1) of section 71)
# Document or act in respect of which the fee is
# Maximum fee.
2
# payable.
# 1
# 1. Statement under section 58. Fifteen rupees.
# 2. Statement under section 60. Five rupees.
3. Intimation under section 61. Five rupees.
4. Intimation under section 62. Five rupees.
5. Notice under section 63. Five rupees.
6. Application under section 64. Five rupees.
# 7. Inspection of the register of firms Two rupees, for inspecting
# under sub-section (1) of section 66. one volume of Register.
# 8. Inspection of documents relating to a firm Two rupees for inspection
# under Sub-section (2) of section 66. of all documents relating
# to one firm.
# 9. Copies from the register of firms . Two rupees for each
# hundred words or part thereof.”
# [Vide Rajasthan Act 10 of 1971, s. 2]
**Substitution of Schedule I to the Central Act IX of 1932.-In Schedule I of Indian Partnership Act,**
1932 (Central Act IX of 1932), for Schedule I, as existion in the application thereof to the State of
Rajasthan, the following shall be substituted, namely:—
**"SCHEDULE-I**
**Maximum Fees**
[See sub-section (1) of section 71]
S.
No.
Document or act in respect of which the fee is payable Maximum Fee
1. 2. 3.
1. Statement under section 58 Three hundred rupees
2. Statement under section 60 One hundred rupees
3. Intimation under section 61 One hundred rupees
4. Intimation under section 62 One hundred rupees
5. Notice under section 63 One hundred rupees
-----
6. Application under section 64 One hundred rupees
7. Inspection of the Register of firms under sub-section (1) of One hundred rupees for
section 66 inspection of one volume of
Register
8. Inspection of documents relating to a firm under sub- One hundred rupees for
section (2) of section 66 inspection of all documents
relating to one firm
9. Copies from the Register of firms Fifteen rupees for each hundred
words or part thereof."
[Vide Rajasthan Act 7 of 2007, s. 2]
**Gujarat**
**Substituted of Schedule of I of 9 of 1932.—In the Indian Partnership Act, 1932 (9 of 1932), in its**
application
**“SHEDULE I**
**MAXIMUM FEES**
(See sub-section (1) of section 71)
**Document or act in respect of which the fee is** **Maximum fee**
**payable**
Statement under section 58 Three hundred rupees
Statement under section 60 One hundred fifty rupees
Statement under section 61 One hundred fifty rupees
Statement under section 62 One hundred fifty rupees
Notice under section 63 One hundred fifty rupees
Application under section 64 One hundred fifty rupees
Inspection of the Register of Firms Fifty rupees for inspecting one
under sub-section /1) of section 66 volume of the register
Inspection of documents relating to a Fifty rupees for inspection of all
firm under sub-section /2) of section 66 documents relating to one firm
Copies from the Register of Fifty rupees for each hundred
Firms words or part thereof.".
[Vide Gujarat Act 25 of 2019, s. 2]
|Document or act in respect of which the fee is payable|Maximum fee|
|---|---|
|Statement under section 58|Three hundred rupees|
|Statement under section 60|One hundred fifty rupees|
|Statement under section 61|One hundred fifty rupees|
|Statement under section 62|One hundred fifty rupees|
|Notice under section 63|One hundred fifty rupees|
|Application under section 64|One hundred fifty rupees|
|Inspection of the Register of Firms under sub-section /1) of section 66|Fifty rupees for inspecting one volume of the register|
|Inspection of documents relating to a firm under sub-section /2) of section 66|Fifty rupees for inspection of all documents relating to one firm|
|Copies from the Register of Firms|Fifty rupees for each hundred words or part thereof.".|
-----
_SCHEDULE II—[Enactments Repealed.]_ _Rep. by Repealing Act, 1938 (1_ _of_ 1938), _s. 2_ _and the_
_Schedule._
______
-----
|
21-Sep-1933 | 23 | The Murshidabad Estate Administration Act, 1933 | https://www.indiacode.nic.in/bitstream/123456789/2397/1/A1933-23.pdf | central | # THE MURSHIDABAD ESTATE ADMINISTRATION ACT, 1933
________
ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title and extent.
2. Definitions.
3. Appointment of Manager.
4. Effect of order under section 3.
5. Suits and appeals during management.
6. Manager to receive rents, issues and profits.
7. Application by Manager of sums received.
8. Notice to claimants.
9. Presentation of claims.
10. Debt not duly notified to be barred.
11. Determination of debts.
12. Power to inquire into consideration for leases, etc.
13. Appeals to Board of Revenue.
14. Scheme for settlement of debts.
15. Power to call for further particulars.
16. Power to summon witnesses.
17. Investigation to be deemed a judicial proceeding.
18. Power to order production of accounts, papers, etc., and evidence of title .
19. Powers of Manager for realisation of rents, etc.
20. Power to lease.
21. Power of Manager to contract and take action for the benefit of the estate.
22. Powers or supervision and control.
23. Manager to be deemed a public servant.
24. Recovery of fines.
25. Bar of suits, etc., against certain persons.
26. Power of State Government to make orders.
27. Effect of withdrawal from entry by State Government.
28. Power to make rules.
1
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# THE MURSHIDABAD ESTATE ADMINISTRATION ACT, 1933
ACT NO. 23 OF 1933[1]
[21st September, 1933.]
# An Act to provide for the appointment of a Manager on behalf of the Secretary of State of the
properties of the Nawab Bahadur of Murshidabad and to define the powers and duties of the Manager.
WHEREAS the Murshidabad Act, 1891 (15 of 1891), confirming and giving effect to an
Indenture between the Secretary of State and the Nawab Bahadur of Murshidabad amir-ulOmrah, provides that in case the said Nawab Bahadur or any of his lineal heirs male
successors to the titles shall contravene any of the terms of the said Indenture or shall disab le
himself from duly maintaining the dignity of his position and station it shall be lawful for the
Secretary of State for the time being to enter into and upon the immovable properties
mentioned in the Indenture and to exercise certain powers therein specified in the manner
therein set forth;
2
[AND WHEREAS by virtue of section 177 of the Government of India Act, 1935 (26 Geo. 5, e. 2.), the
said indenture is, as from the commencement[3] of Part III of that Act, to have effect as if it had been made
on behalf of the Province of Bengal and references therein to the Secretary of State in Council are to be
construed accordingly;]
4
[AND WHEREAS by virtue of paragraph (2) of Article 8 of the Indian Independence (Rights, Property
and Liabilities) Order, 1947, the said indenture is, as from the date of establishment of the Dominion of
India, to have effect as if it had been made on behalf of the Province of West Bengal, and all rights and
liabilities which have accrued and may accrue under the said indenture, to the extent to which they would
have been rights or liabilities of the Province of Bengal, are the rights and liabilities of the Province of
West Bengal.]
AND WHEREAS it is expedient to make further provision for the due exercise of [5][the said] powers by
the [6][State Government of [7][West Bengal]] by the appointment of a Manager who shall on bahalf of the
6[State Government of 7[West Bengal]] exercise the powers aforesaid, and by defining the duties and
powers of such Manager, and the manner in which the rents, issues and profits of the immovable
properties of the estate and the monthly sum of Rs. 19,166-10-8 payable from the Government treasury at
Berhampore in the district of Murshidabad in [7][West Bengal] shall be applied;
1. The following enactments, in so far as they do not relate to the descent of the title of Nawab Bahadur or to the
sum of rupees two lakhs and thirty thousand payable to the Nawab Bahadur from the revenues of the
Government in pursuance of the Indenture included in, and confirmed by, the Moorshedabad Act, 1891 (15 of
1891) or to the payment thereof to the Nawab Bahadur in accordance with the provisions of the said Ind enture
by equal monthly instalments of rupees nineteen thousand one hundred and sixty-six and ten annas and eight
pies, are hereby repealed, namely:—
(1) The Murshedabad Act, 1891 (XV of 1891).
(2) The Murshidabad Estate Administration Act, 1933 (23 of 1933).
(3) The Murshidabad [.] Act, 1946. (Ben. Act XV of 1946).
(4) The Murshidabad Estate Administration (Amendment) Act, 1959 (West Ben. Act XX of 1959) Rep. by West Bengal
Act 2 of 1963, s. 10 (w.e.f. 1-5-1963).
2. Ins. by the A.O. 1937.
3. I.e., the 1st April, 1937.
4. Ins. by the A.O. 1948.
5. Subs. by the A.O. 1937, for “these”.
6. Subs., ibid., for “Secretary of State”.
7. Subs. by the A.O. 1948, for “Bengal”.
2
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AND WHEREAS it is further expedient to afford to the Nawab Bahadur protection against the
disabilities to which he is exposed by reason of his embarrassed circumstances and to prevent further
increase in his debts and to provide means for such repayments to his creditors as are compatible with the
payment to the Nawab Bahadur of a sum sufficient for the maintenance of his position and dignity;
It is hereby enacted as follows: **—**
**1. Short title and extent.—(1)** This Act may be called the Murshidabad Estate
Administration Act, 1933.
1[(2) It extends to whole of India except 2[the territories which, immediately before the 1st November
1956, were comprised in Part B States].]
**2. Definitions.—In** this Act, unless there is anything repugnant in the subject or
context,—
(1) “Immoveable properties of the estate” means the properties contained in the
Schedules of immoveable property annexed to the Indenture included in and confirmed
by the Murshidabad Act, 1891 (15 of 1891), with any additional immoveable property
added thereto under sub-section (1) of section 3 of that Act, and includes all immoveable
property acquired under the provisions of section 32 of the Land Acquisition Act, 1894
(1 of 1894);
(2) “issues and profits of the immoveable properties of the estate” includes all money
awarded under the Land Acquisition Act, 1894 (1 of 1894), as compensation for the
acquisition of any of the immoveable properties of the estate together with interest thereon;
(3) “Manager” means the officer appointed under section 3;
(4) “Nawab Bahadur” means the Nawab Bahadur of Murshidabad for the time
being;
3* - - - *;
(6) “Board of Revenue” means the Board of Revenue, [4][West Bengal];
(7) “Prescribed” means provided for by this Act or by rules made under section 28.
**3. Appointment of Manager.—[5][The** State Government of [4][West Bengal] (hereafter in
this Act referred to as “the State Government”)] may, at any time after [6] [the State
Government] has entered upon the immovable properties of the estate in accordance with the
provisions of the Murshidabad Act, 1891 (15 of 1891), by an order published in the Official
Gazette appoint an officer for the management on behalf of [6][the State Government] of the
whole or any portion of these properties and of the rents, issues and profits thereof and for
the reception and application of the monthly sum of Rs. 19,166-10-8 payable from the
Government Treasury at Berhampore in the district of Murshidabad in West Bengal:
Provided that the management shall cease from such date [7][as may, having regard to the
circumstances or in the event of the death of a Nawab Bahadur, be notified] by the State
1. Subs. by the A.O. 1950, for sub-section (2).
2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part B States”.
3. Clause (5) omitted by the A.O. 1937.
4. Subs. by the A.O. 1948, for “Bengal”.
5. Subs. by the A.O. 1937, for the “The L. G.”.
6. Subs., ibid., for “the Secretary of State”.
7. Subs. by West Ben. Act 20 of 1959, s. 2, for “as may be notified”.
3
-----
Government in the Official Gazette as the date of withdrawal by [1][the State Government] from entry
upon the immovable properties of the estate.
2* - - -
**4. Effect of order under section 3.—On the publication of an order for the appointment**
of a Manager under section 3, the following consequences shall ensure: —
_first, all proceedings which may then be pending in any Civil Court in respect of any_
debts or liabilities to which the Nawab Bahadur may be subject shall be barred, and all
processes, executions and attachments for or in respect of such debts and liabilities shall
become null and void;
_secondly,_ so long as such management continues, no suit or proceeding shall lie against
the Nawab Bahadur, [3*** 4][or the State of [5][West Bengal]] or the Manager, in respect of any
any debt or liability to which the Nawab Bahadur is subject, nor shall the Nawab Bahadur be
liable to arrest for or in respect of the debts and liabilities to which he was at the time of
such publication subject or in execution of any decree obtained before such publication nor
shall his moveable property be liable to attachment or sale, under process of any Court for
or in respect of such debts and liabilities;
_thirdly, so long as such management continues—_
(a) the Nawab Bahadur shall be incompetent to mortgage, charge, lease,
settle or alienate the immoveable properties of the estate, or to grant valid
receipts for the rents and profits arising or accruing therefrom;
(b) such property shall be exempt from attachment or sale under process of
any Court; and
(c) the Nawab Bahadur shall be incapable of entering into any contract which may
involve him in pecuniary liability; and
_fourthly,_ any amount awarded, before the entry [6][of the State Government] upon the
immovable properties of the estate, under the Land Acquisition Act, 1894 (1 of 1894), by
way of compensation for immoveable properties of the estate acquired under that Act, if
the amount has been invested in securities under section 32 of that Act or is deposited in
Court pending such investment in land or securities, shall, together with all interest and
other proceeds thereof not already paid to any person under the provisions of any law, be
deliverable to the Manager on behalf [6][of the State Government] to be disposed of in such
manner as the [7][State Government] may think fit.
**5.** **Suits and appeals during management.—So** long as the appointment of the Manager
continues—
(1) in every suit or appeal to which [8*** 9][* - - the State of 5[West Bengal] in
possession is a party the Manager shall be named as [10][its representative] for the purpose of such suit
or appeal;
1. Subs. by the A.O. 1937, for “the Secretary of State”.
2. The Second proviso omitted by West Ban. Act 20 of 1959, s. 2.
3. The words “or the Secretary of State” omitted by the A.O. 1948.
4. Ins. by the A.O. 1937.
5. Subs. by the A.O. 1948, for “Bengal”.
6. Subs. by the A.O. 1937, for “of the Secretary of State”.
7. Subs. by the A.O. 1948, for “Secretary of State”.
8. The words “the Secretary of State or” omitted, ibid., s.9.
9. Ins. by the A.O. 1937.
10. Subs. by the A.O. 1948, for “his representative”.
4
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(2) in every pending suit or appeal concerning the properties under management [1][the State of
2[West Bengal]] in possession shall be a party in place of the Nawab Bahadur and the Manager shall
be named as the representative of [1][the State of [2][West Bengal]] in possession for the purpose of the
suit or appeal; and no application in any sucn suit or appeal shall be made to the Court on behalf of
1[the State of 2[West Bengal]] in possession except by the Manager;
(3) the Court upon application by the Manager or by any party to the suit may order that the plaint or
memorandum of appeal be amended so as to conform with the requirements of clause (1) or that the
Manager be named as the representative of the [3][State of West Bengal] in possession as required by clause
clause (2) of this section.
**6. Manager to receive rents, issues and profits.—(1) The Manager shall receive and recover all**
rents, issues and profits due in respect of the immoveable properties of the estate, and shall upon
receiving such rents, issues and profits give receipts therefor.
(2) The Manager shall receive the monthly sum of Rs. 19,166-10-8 payable from the Government
Treasury at Berhampore in the district of Murshidabad in [2][West Bengal] and shall give receipts therefor.
**7. Application by Manager of sums received.—(1) From the** sums received under sub-sections (1) and
(2) of section 6, the Manager shall pay—
_first, to the Nawab Bahadur such monthly sum, not being in any case less than Rs. 9, 583-5-4, as the_
State Government may fix in this behalf;
4[secondly, the allowances, if any, payable under section 3 of the Murshidabad Act, 1946];
5[thirdly], the Government revenue, cesses, rates and taxes and all debts and liabilities for the time
being due or incurred to Government or to any local authority;
6[fourthly], in the case of property held by the Nawab Bahadur as tenant, the rent and cess due
to the superior landlord in respect of the said property;
7 [fifthly], the cost of such repairs and improvements of the immoveable properties
of the estate as appear necessary to the Manager and are approved by the Board of Revenue,
and shall apply the residue to the discharge of the costs of the management, to the payment of expenditure
incurred in litigation and to the settlement in accordance with the scheme approved by the Board of
Revenue under section 14 of such debts and liabilities of the Nawab Bahadur as may be estsblished under
the provisions of this Act.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the pay out of the sums
received under sub-sections (1) and (2) of section 6 any sum required to meet such expenditure on other
object or for any other purpose as the [8][State Government] may from time to time sanction.
**8. Notice to claimants.—As** soon as may be after the publication of the order for the appointment of a
Manager under section 3 the Manager shall publish in the prescribed manner a notice in English and Bengali
calling upon all persons having claims against the Nawab Bahadur to notify such claims in writing to the
Manager within six months from the date of the notice.
**9. Presentation of claims.— Every such claimant shall, along with his claim, present to the**
Manager full particulars thereof, together with all documents on which he relies in support thereof, and the
Manager may refuse to receive in evidence on the claimant’s behalf at the investigation of the claim any
document not so presented.
1. Subs. by the A.O. 1937, for “the Secretary of State”.
2. Subs. by the A.O. 1948, for “Bengal”.
3. Subs., ibid., for “Secretary of State”.
4. Ins. by Bengal Act 15 of 1946, s. 5.
5. Subs. by s. 5, ibid., for “secondly”.
6. Subs. by s. 5, ibid., for “thirdly”.
7. Subs. by s. 5, ibid., for “fourthly”.
8. Subs. by the A.O. 1937, for “Secretary of State”.
5
-----
**10. Debt not duly notified to be barred.—Every debt or liability, except debts due or liabilities incurred**
to the Government or to any local authority and rent due to a superior landlord from the Nawab Bahadur as
tenant of any property, which is not duly notified to the Manager within the time and in the manner mentioned
in sections 8 and 9 shall be barred:
Provided that if the Manager is satisfied that the claimant was for reasonable cause unable to
comply with the provisions of sections 8 and 9, the Manager may admit his claim within a further
period of six months from the expiration of the period of six months specified in section 8.
**11. Determination of debts.—The** Manager shall in the prescribed manner determine the amount
of the principal of all debts and liabilities not barred under section 10 justly due to the several creditors
of the Nawab Bahadur and to persons holding mortgages, charges or liens on the property of the Nawab
Bahadur, and shall determine in like manner the interest, if any, due at the date of such determination in
respect of such debts and liabilities and may reduce the rates of interest charged as appears to him just
and proper.
**12. Power to inquire into consideration for leases, etc.—The Manager may inquire into the**
sufficiency of the consideration for which any lease, settlement, grant, mortgage, charge or lien was given
and whether it was given in contravention of the conditions of the Murshidabad Act, 1891 (15 of 1891),
and if satisfied that the consideration was insufficient or that such lease, settlement, grant, mortgage,
charge or lien was given in contravention of the said Act may, by order in writing, set a side or modify
such lease, settlement, grant, mortgage, charge or lien; and any such order, subject to the appeal provided
in section 13, shall have the force of a decree of a competent Civil Court and be enforceable as such.
**13. Appeals to Board of Revenue.—(1)** An appeal shall lie to the Board of Revenue against any
order by the Manager—
(a) refusing to receive a document under section 9; or
(b) refusing to admit a claim under the proviso to section 10; or
(c) determining the amount of a debt or liability or of interest thereon, or reducing the rate of
interest, under. section 11; or
(d) setting aside or modifying a lease, settlement, grant, mortgage, charge or lien under section
12.
(2) If no such appeal is preferred within six weeks from the date of the order, the decision of the
Manager shall, subject to the provisions of section 22, be final.
**14. Scheme for settlement of debts.—(1) When** the amount due in respect of the debts and
liabilities mentioned in section 11 has been finally determined, the Manager shall prepare and
submit to the Board of Revenue a schedule of such debts and liabilities, and a scheme for the
settlement thereof in whole or in part out of the residue referred to in section 7 annually available
during the lifetime of the Nawab Bahadur; and the Board of Revenue may approve the scheme
without modification or subject to such modification as it deems expedient.
(2) The scheme shall provide for payment in full, as soon as may be, of—
(a) first, arrears of wages due to servants of the Nawab Bahadur, determined in accordance with
the forgoing provisions, and
(b) secondly, claims of each creditor whose claims in the aggregate do not exceed five hundred
rupees, as so determined;
and the scheme shall further provide that any balance left after meeting the above claims and
each annual residue thereafter shall be distributed rateably among the other creditors of the
Nawab Bahadur in payment of their claims, as so determined.
6
-----
**15. Power to call for further particulars.—The Manager may from time to time call for**
further and more detailed particulars of any claim preferred before him under this Act and may
at his discretion refuse to proceed with the investigation of the claim until such particulars are
supplied.
**16. Power to summon witnesses.—The Manager** may for the purpose of any investigation
under this Act summon and enforce the attendance of witnesses and compel them to give
evidence, and compel the production of documents, by the same means and as far as possible
in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure,
1908 (5 of 1908).
**17. Investigation to be deemed a judicial proceeding.—Every** investigation conducted by
the Manager with reference to any claim preferred before him under this Act, or to any matter
connected with such claim, shall be deemed to be a judicial proceeding within the meaning of
the Indian Penal Code (45 of 1860); and every statement made by any person examined by or
before the Manager with reference to any such investigation, whether upon oath or otherwise,
shall be deemed to be evidence within the meaning of the said Code.
**18. Power to order production of accounts, papers, etc., and evidence of title** .—(1) The
Collector of Murshidabad may on the application of the Manager order all persons who are or
were in the employ of the estate of the Nawab Bahadur to attend before him; and may order
any person to deliver up any accounts, papers or moveable property belonging to the estate or
any accounts or papers relating to the immoveable property of the estate or to any other
property of the estate which the Manager has reason to believe are in such person’s possession
or control; and may order all hodlers of tenures or under-tenures on any such property to
produce their titles to such tenures or undertenures.
(2) Any person who refuses to comply with an order under sub-section (1) may be punished by the
Collector of Murshidabad with fine not exceeding five hundred rupees:
Provided that an appeal shall lie to the Board of Revenue against any order of fine passed by the
Collector under sub-section (2).
**19. Powers of Manager for realisation of rents, etc.—(1) The Manager shall have, for the**
purpose of realising and recovering the rents, issues and profits of the immoveable properties of
the estate, the same powers as the Nawab Bahadur would have had for such purpose had the
1[State Government] not entered into the said properties, and all arrears of rent and all demands
recoverable as rent, and all interest due on such arrears or demands shall together with all costs
incurred for realising the same be recoverable as public demands.
(2) If such properties or any part thereof be in the possession of any mortgagee or
conditional vendee, the Manager may apply to the Collector within whose jurisdiction the
property is situated, and the Collector shall cause the same to be delivered to the Manager as if
a decree therefor had been made in his favour, but without prejudice to the mortgagee or
vendee preferring his claim under the provisions elsewhere contained in this Act.
(3) If such properties or any part thereof be in possession of a Receiver appointed by a
Court, the Manager may apply to the Court, and the Court shall cause the same to be
delivered to the Manager together with art receipts which may be in the hands of the Receiver
or the Court at the time of the application.
**20. Power to lease.—The Manager may, subject** to the prescribed conditions, make settlement of all
or any of the immoveable properties of the estate and may for this purpose execute any lease or
counterpart of a lease:
Provided that, unless the settlement is of a kind authorised by rule made under section
28, its terms and conditions shall have been previously approved by the State Government.
**21. Power of Manager to contract and take action for the benefit of the estate.—The** Manager
may enter into any contract or take any action which in his opinion is necessary for the proper care and
management of the immoveable properties of the estate and of the rents, issues and profits
thereof or for the maintenance of the position and dignity of the Nawab Bahadur and which is
not inconsistent with any provision of this Act or with any rule made under section 28:
1. Subs. by the A.O. 1937, for “Secretary of State”.
7
-----
Provided that if he is not empowered by any other provision of this Act or by any rule
made under section 28 to enter on such contract or to take such action he shall obtain the
previous sanction of the Board of Revenue before entering upon the contract or taking the
action.
**22. Powers of supervision and control.—(1) All orders or proceedings of the Manager in**
the exercise of his functions under this act shall be subject to the supervision and control of the
Board of Revenue.
(2) All orders or proceedings of the Board of Revenue under this Act shall be subject to
the supervision and control of the State Government.
(3) The supervising authority in each case may of its own motion review and if it thinks fit revise,
modify or reverse any order of proceeding.
**23. Manager to be deemed a public servant.—The Manager shall be deemed to be a**
public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
**24. Recovery of fines.—Any** fine imposed under this Act shall be recoverable as a public
demand.
**25. Bar of suits, etc., against certain persons.—No suit or other legal proceeding shall lie against**
any person in respect of anything which is in good faith done or intended to be done under this Act.
**26. Power of State Government to make orders.—If at the time of the withdrawal of the**
1[State Government] from entry upon the immoveable properties of the estate, any difficulty
arises in connection with the restoration to the Nawab Bahadur or to his successor of the
properties and rights possessed and exercised by the [1][State Government], the State Government
may by order authorise the doing of any matter or thing which appears to it necessary to facilitate
such restoration.
**27. Effect of withdrawal from entry by State Government.—Notwithstanding anything**
contained elsewhere in this or any other Act, the withdrawal by the [1][State Government] from entry
upon the immoveable properties of the estate shall not have the effect of reviving any of the
proceeding referred to in clause _first_ of section 4 if the debt or liability in respect of which such
proceedings were instituted is barred under section 10.
Nothing in section 4 shall bar the revival after such withdrawal of any other of the proceedings
referred to in the said clause:
Provided that no Court shall entertain any suit of proceeding against the Nawab Bahadur
in which the amount claimed is in excess of the amount determined under section 11, 13 or
22, as the case may be, together with any further interest due thereon, or in which interest is
claimed at a rate higher than the rate determined as just and proper under those sections.
**28. Power to make rules.—(1) The Board of Revenue may, with the previous sancion of the State**
Government [2][and by notification in the Official Gazette, make rules] for the purpose of carrying into
effect all or any of the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may
provide for all or any of the following matters, namely:—
(a) the security to be required from subordinate officers under Act;
(b) the procedure to be followed by the Manager in the discharge of his functions under
this Act, the accounts which shall be kept by him, and the manner in which such accounts
shall be audited;
(c) the terms, conditions and limitations under which leases may be granted;
(d) the notices to be given under this Act and the manner of publication of such
notices;
1. Subs. by the A.O. 1937, for “Secretary of State”.
2. Subs. by Act 4 of 2005, s. 2 and the Schedule, for “make rules” (w.e.f. 11-1-2005).
8
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(e) the procedure to the followed by claimants in presenting claims, and by the Manager in the
investigation of such claims;
(f) the procedure to be followed in determining under section 11 the debts and liabilities due to
creditors and other persons;
(g) the allowance of interest on the principal of each of the debts and liabilities as
determined under section 11 from the date on which it was incurred to the date of the
determination and on the aggregate amount of such debts and liabilities from the date of
the determination to the date of payment;
(h) the preparation of the schedule of debts and liabilities and of the scheme referred
to in section 14 and the order of payment of such debts and liabilities;
(i) the powers of the Manager to make or sanction settlements; and
(j) the procedure to the followed in appeals under this Act.
1[(3) Every rule made by the Board of Revenue under this Act shall be laid, as soon as may be after it
is made, before the State Legislature.]
__________
1. Added by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).
9
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|
6-Mar-1934 | 02 | The Reserve Bank of India Act, 1934 | https://www.indiacode.nic.in/bitstream/123456789/2398/1/a1934-2.pdf | central | # THE RESERVE BANK OF INDIA ACT, 1934
_________
# ARRANGEMENT OF SECTIONS
_________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
INCORPORATION, CAPITAL, MANAGEMENT AND BUSINESS
3. Establishment and incorporation of Reserve Bank.
4. Capital of the Bank.
5. [Omitted.].
6. Offices, branches and agencies.
7. Management.
8. Composition of the Central Board, and term of office of Directors.
9. Local Boards, their constitution and functions.
10. Disqualifications of Directors and members of Local Boards.
11. Removal from and vacation of office.
12. Casual vacancies and absences.
13. Meetings of the Central Board.
14. [Omitted.].
15. [Omitted.].
16. [Omitted.].
17. Business which the Bank may transact.
18. Power of direct discount.
18A. Validity of loan or advance not to be questioned.
19. Business which the Bank may not transact.
CHAPTER III
CENTRAL BANKING FUNCTIONS
20. Obligation of the Bank to transact Government business.
20A. [Omitted.].
21. Bank to have the right to transact Government business in India.
21A. Bank to transact Government business of States on agreement.
21B. Effect of agreements made between the Bank and certain States before the 1st November, 1956.
22. Right to issue bank notes.
22A. Non-applicability of certain provisions to digital form of bank notes.
23. Issue Department.
Subject to verification and confirmation by the Department.
-----
SECTIONS
24. Denominations of notes.
25. Form of bank notes.
26. Legal tender character of notes.
26A. Certain bank notes to cease to be legal tender.
27. Re-issue notes.
28. Recovery of notes lost, stolen, mutilated or imperfect.
28A. Issue of special bank notes and special one rupee notes in certain cases.
29. Bank exempt from stamp duty on bank notes.
30. Powers of Central Government to supersede Central Board.
31. Issue of demand bills and notes.
32. [Omitted.].
33. Assets of the Issue Department.
34. Liabilities of Issue Department.
35. [Omitted.].
36. [Omitted.].
37. Suspension of assets requirements as to foreign securities.
38. Obligations of Government and the Bank in respect of rupee coin.
39. Obligation to supply different forms of currency.
40. Transactions in foreign exchange.
41A. [Omitted.].
42. Cash reserves of scheduled banks to be kept with the Bank.
43. Publication of consolidated statement by the Bank.
43A. Protection of action taken in good faith.
44. [Omitted.].
45. Appointment of agents.
CHAPTER IIIA
COLLECTION AND FURNISHING OF CREDIT INFORMATION
45A. Definitions.
45B. Power of Bank to collect credit information.
45C. Power to call for returns containing credit information.
45D. Procedure for furnishing credit information to banking companies.
45E. Disclosure of information prohibited.
45F. Certain claims for compensation barred.
45G. [Omitted.].
CHAPTER III B
PROVISIONS RELATING TO NON-BANKING INSTITUTIONS RECEIVING DEPOSITS AND FINANCIAL
INSTITUTIONS
45H. Chapter IIIB not to apply in certain cases.
-----
SECTIONS
45-I. Definitions.
45-IA. Requirement of registration and net owned fund.
45-IB. Maintenance of percentage of assets.
45-IC. Reserve fund.
45-ID. Power of Bank to remove directors from office.
45-IE. Supersession of Board of directors of non-banking financial company (Other than Government
Company).
45J. Bank to regulate or prohibit issue of prospectus or advertisement soliciting deposits of money.
45JA. Power of Bank to determine policy and issue directions.
45K. Power of Bank to collect information from non-banking institutions as to deposits and to give
directions.
45L. Power of Bank to call for information from financial institutions and to give directions.
45M.Duty of non-banking institutions to furnish statements, etc., required by Bank.
45MA. Powers and duties of auditors.
45MAA. Power to take action against auditors.
45MB. Power of Bank to prohibit acceptance of deposit and alienation of assets.
45MBA. Resolution of non-banking financial company.
45MC. Power of Bank to file winding up petition.
45N. Inspection.
45NA. Deposits not to be solicited by unauthorised person.
45NAA. Power in respect of group companies.
45NB. Disclosure of information.
45NC. Power of Bank to exempt.
45-O. [Omitted.].
45P. [Omitted.].
45Q. Chapter IIIB to override other laws.
45QA. Power of Company Law Board to offer repayment of deposit.
45QB. Nomination by depositors.
CHAPTER IIIC
PROHINITION OF ACCEPTANCE OF DEPOSITS BY UNINCORPORATED BODIES
45R. Interpretation.
45S. Deposits not to be accepted in certain cases.
45T. Power to issue search warrants.
CHAPTER IIID
REGULATION OF TRANSACTIONS IN DERIVATIVES, MONEY MARKET INSTRUMENTS,
SECURITIES, ETC.
45U. Definitions.
-----
SECTIONS
45V. Transactions in derivatives.
45W. Power to regulate transactions in derivatives, money market instruments, etc.
45X. Duty to comply with directions and furnish information.
CHAPTER IIIE
JOINT MECHANISM
45Y. Joint Mechanism.
CHAPTER IIIF
MONETARY POLICY
45Z. Provisions of this Chapter to override other provisions of Act.
45ZA. Inflation target.
45ZB. Constitution of Monetary Policy Committee.
45ZC. Eligibility and selection of Members appointed by Central Government.
45ZD. Terms and conditions of appointment of Members of Monetary Policy Committee.
45ZE. Removal of Members of Monetary Policy Committee.
45ZF. Vacancies, etc., not to invalidate proceedings of Monetary Policy Committee.
45ZG. Secretary to Monetary Policy Committee.
45ZH. Information for Monetary Policy Committee Members.
45Z-I. Meetings of Monetary Policy Committee.
45ZJ. Steps to be taken to implement decision of Monetary Policy Committee.
45ZK. Publication of decisions.
45ZL. Publication of proceedings of meeting of Monetary Policy Committee.
45ZM. Monetary Policy Report.
45ZN. Failure to maintain inflation target.
45ZO. Power to make rules.
CHAPTER IV
GENERAL PROVISIONS
46. Contribution by Central Government to the Reserve Fund.
46A. Contribution to National Rural Credit (Long Term Operations) Fund and National Rural Credit
(Stabilisation) Fund.
46C. National Industrial Credit (Long Term Operations) Fund.
46D. National Housing Credit (Long Term Operations) Fund.
47. Allocation of surplus profits.
48. Exemption of Banks from income-tax and super-tax.
49. Publication of Bank rate.
50. Auditors.
51. Appointment of special auditors by Government.
-----
SECTIONS
52. Powers and duties of auditors.
53. Returns.
54. Rural Credit and Development.
54A. Delegation of powers.
54AA. Power of Bank to depute its employees to other institutions.
55. [Omitted.].
56. [Omitted.].
57. Liquidation of the Bank.
57A. Powers of Bank not to apply to International Financial Services Centre.
58. Power of the Central Board to make regulations.
58A. Protection of action taken in good faith.
CHAPTER V
PENALTIES
58B. Penalties.
58C. Offences by companies.
58D. Application of section 58B barred.
58E. Cognizance of offences.
58F. Application of fine.
58G. Power of Bank to impose fine.
59. [Repealed.].
60. [Repealed.].
61. [Repealed.].
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.—[Omitted.].
THE FOURTH SCHEDULE.—[Omitted.].
THE FIFTH SCHEDULE.—[Repealed.].
-----
# THE RESERVE BANK OF INDIA ACT, 1934
# ACT NO. 2 OF 1934[1]
[6th March, 1934.]
# An Act to constitute a Reserve Bank of India.
WHEREAS it is expedient to constitute a Reserve Bank for India to regulate the issue of Bank notes
and the keeping of reserves with a view to securing monetary stability in [2][India] and generally to operate
the currency and credit system of the country to its advantage;
3[AND WHEREAS it is essential to have a modern monetary policy framework to meet the challenge of
an increasingly complex economy;
AND WHEREAS the primary objective of the monetary policy is to maintain price stability while
keeping in mind the objective of growth;
AND WHEREAS the monetary policy framework in India shall be operated by the Reserve Bank of
India;]
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Short title, extent and commencement.—(1) This Act may be called the Reserve Bank of India**
Act, 1934.
4[(2) It extends to the whole of India 5***.]
(3) This section shall come into force at once, and the remaining provisions of this Act shall come
into force on such date or dates[6] as the [7][Central Government] may, by notification in the Gazette of
India, appoint.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
8* - - -
9[(aii)] “the Bank” means the Reserve Bank of India constituted by this Act;
10[(aiii)] “Bank for International Settlements” means by body corporate established with the said
name under the law of Switzerland in pursuance of an agreement dated the 20th January, 1930, signed
at The Hague;]
11[(aiv) “bank note” means a bank note issued by the Bank, whether in physical or digital form,
under section 22;]
(b) “the Central Board” means the Central Board of Directors of the Bank;
Subject to verification and confirmation by the Department.
1. For the functioning of the Reserve Bank in or in relation to Burma, after the separation of that country from India, _see the_
M.O. 1937.
This Act was extended to Berar by Act 4 of 1941; to Goa, Daman and Diu by Reg. 6 of 1962; to Dadra and Nagar Haveli by
Reg. 6 of 1963, s. 2 and Schedule I (w.e.f. 1-7-1965) and to Lakshadweep by Reg. 8 of 1965, s. 3 and Schedule to the State of
Sikkim: _vide Notification No. S.O. 208 (E), dated 15-5-1975, Extraordinary, Pt. II, s. 3 (ii), p. 1213 and came into force in_
Sikkim (w.e.f. 14-8-1976); vide Notification No. S.O. 547 (E), dated 13-8-1976.
This Act has been supplemented by Act 28 of 1964.
2. Subs. by the A.O. 1948, for “British India”.
3. Subs. by 28 of 2016, s. 220, for paragraphs 2 and 3 (w.e.f. 27-6-2016).
4. Subs. by the A.O. 1950, for sub-section (2).
5. The words “except the State of Jammu and Kashmir” omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956).
6. Sections 2 to 19, 47, 50 to 52, 55 to 58 and 61 were brought into force on 1st January, 1935,see Gazette of India, 1934, Pt. I, p.
1369, and the other sections on 1st April, 1935, seeibid., 1935, Pt. I, p. 538.
7. Subs. by the M.O. 1937, for “G.G. in C”.
8. Clauses (a) and (ai) omitted by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 12-7-1982).
9. Clause (aa) re-lettered as clause (aii) by Act 23 of 1965, s. 2 (w.e.f. 1-3-1966).
10. Ins. by Act 51 of 1974, s. 2 (w.e.f. 13-12-1974).
11. Ins. by Act 6 of 2022, s. 125 (w.e.f. 30-3-2022).
-----
1* - - -
2[(bva) “Consumer Price Index” means the Consumer Price Index Combined published by the
Government of India from time to time;]
3[4[(bvi)] “Deposit Insurance Corporation” means the Deposit Insurance Corporation established
under section 3 of the Deposit Insurance Corporation Act, 1961 (47 of 1961);]
5* - - -
6* - - -
7[(bviiia)“Exim Bank” means the Export-Import Bank of India established under the Export
Import Bank of India Act, 1981 (28 of 1981);]
8[(bix) “foreign currency” and “foreign exchange” have the meanings respectively assigned to
them in the Foreign Exchange Regulation Act, 1973(46 of 1973);
(c) “Industrial Finance Corporation” means the Industrial Finance Corporation of India
established under the Industrial Finance Corporation Act, 1948 (15 of 1948);]
2[(ci) “inflation” means the year wise change in monthly Consumer Price Index expressed in
terms of percentage;
(cii) “inflation target” means the inflation target determined in accordance with sub-section (1) of
section 45ZA;]
9 [(ca) “International Development Association” means the “Association” referred to in the
International Development Association (Status, Immunities and Privileges) Act, 1960 (32 of 1960);
(cb) “International Finance Corporation” means the “Corporation” referred to in the International
Finance Corporation (Status, Immunities and Privileges) Act, 1958 (42 of 1958);
(cc) “International Monetary Fund” and “International Bank for Reconstruction
andDevelopment" means respectively the “International Fund” and the “International Bank”, referred
to in the International Monetary Fund and Bank Act, 1945;]
2[(cci) “Monetary Policy Committee” means the Committee constituted under sub-section (1) of
section 45ZB;]
10 [ccc) “National Bank” means the National Bank for Agriculture and Rural Development
established under section 3 of the National Bank for Agriculture and Rural Development Act, 1981
(61 of 1981);]
11[(ccci) “National Bank for Financing Infrastructure and Development” means the Institution
established under section 3 of the National Bank for Financing Infrastructure and Development Act,
2021;
(cccii) “other development financial institution” means a development financial institution
licensed under section 29 of the National Bank for Financing Infrastructure and Development Act,
2021;]
12
[(cccc) “National Housing Bank” means the National Housing Bank established under
section 3 of the National Housing Bank Act, 1987 (53 of 1987);]
2[(cccci) “Policy Rate” means the rate for repo-transactions under sub-section (12AB) of section 17;]
13* - - -
1. Clauses (bi), (bii), (biii), (biv) and (bv) omitted by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 12-7-1982). Earlier
these clauses were substituted by Act 23 of 1965, s. 2, for clause (bb) (w.e.f. 1-3-1966).
2. Ins. by Act 28 of 2016, s. 221 (w.e.f. 27-6-2016).
3. Ins. by Act 47 of 1961, s. 2 and the Second Schedule (w.e.f. 1-1-1962).
4. Clause (bbb) re-lettered as clause (bvi) thereof by Act 23 of 1965, s. 2 (w.e.f. 1-3-1966).
5. Clause (bvii) omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).
6. Clause (bviii) omitted by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 12-7-1982).
7. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 1-1-1982).
8. Subs. by Act 24 of 1978, s. 3, for clause (c) (w.e.f. 21-7-1978).
9. Ins. by Act 51 of 1974, s. 2 (w.e.f. 13-12-1974).
10. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 12-7-1982).
11. Ins. by Act 17 of 2021, s. 47 and the Second Schedule (w.e.f. 19-4-2021).
12. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988).
13. Clauses (ci), (cia), (cii), (ciii), (civ), (cv) omitted by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 12-7-1982).
-----
1[(cv) “Reconstruction Bank” means the Industrial Reconstruction Bank of India established
under section 3 of the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984);]
(d) “rupee coin” means [2]*** rupees which are legal tender [3][in [4][India]] under the provisions of
the Indian Coinage Act, 1906 (3 of 1906);[5]***
(e) “scheduled bank” means a bank included in the Second Schedule;
6[(el) “Small Industries Bank” means the Small Industries Development Bank of India established
under section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989);]
7[(ea) “Sponsor Bank” means a Sponsor Bank as defined in the Regional Rural Banks Act, 1976
(21 of 1976);]
8[9[(eb)] “State Bank” means the State Bank of India constituted under the State Bank of India
Act, 1955 (23 of 1955);]
10* - - -
11[(fi) “State Financial Corporation” means any State Financial Corporation established under the
State Financial Corporations Act, 1951 (63 of 1951);]
12* - - -
13[(g) “Unit Trust” means the Unit Trust of India established under section 3 of the Unit Trust of
India Act, 1963 (52 of 1963);]
14 [(h) “agricultural operations”, “central co-operative bank”, “co-operative society”, “crops”,
“marketing of corps”, “pisciculture”, “regional rural bank” and “State co-operative bank” shall have
the meanings respectively assigned to them in the National Bank for Agriculture and Rural
Development Act, 1981 (61 of 1981);
(i) “co-operative bank”, “co-operative credit society”, “director”, “primary agricultural credit
society”, “primary co-operative bank” and “primary credit society” shall have the meanings
respectively assigned to them in Part V of the Banking Regulation Act, 1949 (10 of 1949).]
CHAPTER II
INCORPORATION, [15][CAPITAL], MANAGEMENT AND BUSINESS
**3. Establishment and incorporation of Reserve Bank.—(1) A bank to be called the Reserve Bank**
of India shall be constituted for the purposes of taking over the management of the currency from the
16[Central Government] and of carrying on the business of banking in accordance with the provisions of
this Act.
(2) The Bank shall be a body corporate by the name of the Reserve Bank of India, having perpetual
succession and a common seal, and shall by the said name sue and be sued.
1. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985).
2. The word “silver” omitted by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
3. Ins. by the M.O. 1937.
4. Subs. by Act 32 of 1951, s. 2, for “the States” (w.e.f. 1-11-1951).
5. The word “and” omitted by the M.O. 1937.
6. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (w.e.f. 7-3-1990).
7. Ins. by Act 21 of 1976, s. 33 (w.e.f. 26-9-1975).
8. Ins. by Act 23 of 1955, s. 52 and the Third Schedule (w.e.f. 1-7-1955). Earlier clause (ee) inserted by the A.O. 1950 which was
later omitted by Act 32 of 1951, s. 4 (w.e.f. 1-11-1951).
9. Clause (ee) re-lettered as clause (eb) thereof by Act 21 of 1976, s. 33 (w.e.f. 26-9-1975).
10. Clause (f) omitted by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 12-7-1982).
11. Ins. by Act 24 of 1978, s. 3 (w.e.f. 21-7-1978).
12. Clauses (f) to (k) omitted by Act 11 of 1947, s. 2 (w.e.f. 1-4-1947) which was earlier inserted by the M.O. 1937.
13. Ins. by Act 52 of 1963, s. 44 and the Second Schedule (w.e.f. 1-2-1964). Earlier clause (g) was inserted by Act 32 of 1951,
s. 4 (w.e.f. 1-11-1951) which was later omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956).
14. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 12-7-1982).
15. Subs. by Act 62 of 1948, s. 7 and the Schedule, for “SHARE CAPITAL” (w.e.f. 1-1-1949).
16. Subs. by the M.O. 1937, for “G.G. in C.”.
-----
1[4. Capital of the Bank.—The capital of the Bank shall be five crores of rupees.]
**5.** [Increase and reduction of share capital.]—Omitted by the Reserve Bank (Transfer to Public
_Ownership)Act,1948 (62 of1948), s. 7 and the Schedule (w.e.f. 1-1-1949)._
**6. Offices, branches and agencies.—The Bank shall, as soon as may be, establish offices in**
Bombay, Calcutta, [2][Delhi and Madras] [3]*** and may establish branches or agencies in any other place in
India [4]*** or, with the previous sanction of the [5][Central Government] elsewhere.
6[7. Management.—(1) The Central Government may from time to time give such directions to the
Bank as it may, after consultation with the Governor of the Bank, consider necessary in the public
interest.
(2) Subject to any such directions, the general superintendence and direction of the affairs and
business of the Bank shall be entrusted to a Central Board of Directors which may exercise all powers and
do all acts and things which may be exercised or done by the Bank.
7[(3) Save as otherwise provided in regulations made by the Central Board, the Governor and in his
absence the Deputy Governor nominated by him in his behalf, shall also have powers of general
superintendence and direction of the affairs and the business of the Bank, and may exercise all powers
and do all acts and things which may be exercised or done by the Bank.]]
**8. Composition of the Central Board, and term of office of Directors.—[8][(1) The Central Board**
shall consist of the following Directors, namely:—
(a) a Governor and [9][not more than four] Deputy Governors to be appointed by the Central
Government;
(b) four Directors to be nominated by the Central Government, one from each of the four Local
Boards as constituted by section 9;
(c) [10][ten] Directors to be nominated by the Central Government; and
(d) one Government official to be nominated by the Central Government.]
(2) The Governor and Deputy Governors shall devote their whole time to the affairs of the Bank, and
shall receive such salaries and allowances as may be determined by the Central Board, with the approval
of the [5][Central Government]:
11[Provided that the Central Board may, if in its opinion it is necessary in the public interest so to do,
permit the Governor or a Deputy Governor to undertake, at the request of the Central Government or any
State Government, such part-time honorary work, whether related to the purposes of this Act or not, as is
not likely to interfere with his duties as Governor or Deputy Governor, as the case may be:]
12[Provided further that the Central Government may, in consultation with the Bank, appoint a Deputy
Governor as the Chairman of the National Bank, on such terms and conditions as that Government may
specify.]
(3) A Deputy Governor and the Director nominated under clause (d) of subsection (1) may attend any
meeting of the Central Board and take part in its deliberations but shall not be entitled to vote:
1. Subs. by Act 62 of 1948, s. 7 and the Schedule, for section 4 (w.e.f. 1-1-1949).
2. Subs. by Act 11 of 1947, s. 5, for “Delhi, Madras and Rangoon” (w.e.f. 1-4-1947).
3. The words “and a branch in London” omitted by Act 24 of 1955, s. 3 (w.e.f. 8-5-1955).
4. The words “or Burma” omitted by Act 11 of 1947, s. 5 (w.e.f. 1-4-1947) which was earlier inserted by the M.O. 1937.
5. Subs. by the M.O. 1937, for “G.G. in C.”.
6. Subs. by Act 62 of 1948, s. 7 and the Schedule, for section 7 (w.e.f. 1-1-1949).
7. Subs. by Act 32 of 1951, s. 5, for sub-section (3) (w.r.e.f. 1-1-1949).
8. Subs. by Act 62 of 1948, s. 7 and the Schedule, for sub-section (1) (w.e.f. 1-1-1949).
9. Subs. by Act 18 of 1964, s. 38 and the Second Schedule, for “three” (w.e.f. 1-7-1964).
10. Subs. by s. 38 and the Second Schedule, ibid., for “six” (w.e.f. 1-7-1964).
11. Added by Act 35 of 1962, s. 2 (w.e.f. 15-9-1962).
12. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 12-7-1982).
-----
1[Provided that when the Governor is, for any reason, unable to attend any such meeting, a Deputy
Governor authorised by him in this behalf in writing may vote for him at that meeting.]
(4) The Governor and a Deputy Governor shall hold office for such term not exceeding five years as
the [2][Central Government] may fix when appointing them, and shall be eligible for re-appointment.
3[A Director nominated under clause (c) of sub-section (1) shall 4*** hold office for a period of four
years [5][and [6][shall be eligible for reappointment:
Provided that any such Director shall not be appointed for more than two terms, that is, for a
maximum period of eight years either continuously or intermittently.]]]
A Director nominated under clause (d) of sub-section (1) shall hold office during the pleasure of
the [2][Central Government.]
(5) No act or proceeding of the Board shall be questioned on the ground merely of the existence of
any vacancy in, or any defect in the constitution of, the Board.
7[8* - - -
(7) A retiring Director shall be eligible for re-nomination.]
9[9. Local Boards, their constitution and functions.—(1) A Local Board shall be constituted for
each of the four areas specified in the First Schedule and shall consist of five members to be appointed by
the Central Government to represent, as far as possible, territorial and economic interests and the interests
of co-operative and indigenous banks.
(2) The members of the Local Board shall elect from amongst themselves one person to be the
chairman of the Board.
10[(3) Every member of a Local Board shall hold office for a term of four years and 11[shall be eligible
for reappointment:
Provided that any such member shall not be appointed for more than two terms, that is, for a
maximum period of eight years either continuously or intermittently].]
(4) A Local Board shall advise the Central Board on such matters as may be generally or specifically
referred to it and shall perform such duties as the Central Board may delegate to it.]
**10. Disqualifications of Directors and members of Local Boards.—(1) No person may be a**
Director or a member of a Local Board who—
(a) isa salaried Government official [12]*** [13]***, or
(b) is, or at any time has been, adjudicated an insolvent, or has suspended payment or has
compounded with his creditors, or
(c) is fund lunatic or becomes of unsound mind, or
(d) is an officer or employee of any bank, or
1. Subs. by Act 54 of 1953, s. 2, for the proviso (w.e.f. 30-12-1953).
2. Subs. by the M.O. 1937, for “G.G. in C.”.
3. Subs. by Act 62 of 1948, s. 7 and the Schedule, for second paragraph (w.e.f. 1-1-1949).
4. The words, brackets and figure “subject to the provisions of sub-section (6)” omitted by Act 18 of 1964, s. 38 and the Second
Schedule (w.e.f. 1-7-1964).
5. Ins. by Act 51 of 1974, s. 4 (w.e.f. 13-12-1974).
6. Subs. by Act 4 of 2013, s. 17 and the Schedule, for “thereafter until his successor shall have been nominated”
(w.e.f. 18-1-2013).
7. Added by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
8. Sub-section (6) omitted by Act 18 of 1964, s. 38 and the Second Schedule (w.e.f. 1-7-1964).
9. Subs. by Act 62 of 1948, s. 7 and the Schedule, for section 9 (w.e.f. 1-1-1949).
10. Subs. by Act 51 of 1974, s. 5, for sub-section (3) (w.e.f. 13-12-1974).
11. Subs. by Act 4 of 2013, s. 17 and the Schedule, for “thereafter until his successor shall have been appointed and shall be
eligible for reappointment” (w.e.f. 18-1-2013).
12. The words “or a salaried official of a State in India” omitted by the A.O. 1950.
13. The words “or Burma” omitted by Act 11 of 1947, s. 8 (w.e.f. 1-4-1947). Earlier inserted by the M.O. 1937.
-----
1
[(e) is a Director of banking company within the meaning of clause (c) of section 5 of
the [2][Banking Regulation Act, 1949 (10 of 1949)], or of a co-operative bank.]
(2) No two persons who are partners of the same mercantile firm, or are Directors of the same private
company, or one of whom is the general agent of or holds a power of procuration from the other, or from
a mercantile firm of which the other is a partner, may be Directors or members of the same Local Board
at the same time.
(3) Nothing in clause (a), clause (d) or clause (e) of sub-section (1) shall apply to the Governor, or to
a Deputy Governor or to the Director nominated under clause (d) of sub-section (1) of section 8.
**11. Removal from and vacation of office.—(1) The [3][Central Government] may remove from office**
the Governor, or a Deputy Governor or [4][any other Director or any member of a Local Board]:
5* - - -
6[(2) A Director nominated under clause (b) or clause (c) of sub-section(1) of section 8 shall cease to
hold office if without leave from the Central Board he absents himself from three consecutive meetings of
the Board convened under sub-section (1) of section 13.]
(3) The [3][Central Government] shall remove from office any Director, and the Central Board shall
remove from office any member of a Local Board, if such Director or member becomes subject to any of
the disqualifications specified in sub-section (1) or sub-section (2) of section 10.
(4) A Director or member of a Local Board removed or ceasing to hold office under the foregoing
sub-sections shall not be eligible for re-appointment either as Director or as member of a Local Board
until the expiry of the term for which his appointment was made.
(5) The [7]*** nomination [8]*** as Director or member of a Local Board of any person who is a
member of [9][Parliament or the Legislature [10][of any State]] shall be void, unless within two months of the
date of his [7]*** nomination [8]*** he ceases to be such member, and if any Director or member of a Local
Board is elected or nominated as a member of [11][Parliament or any such Legislature], he shall cease to be
a Director or member of the Local Board as from the date of such election or nomination, as the case may
be.
(6) A Director may resign his office to the [3][Central Government], and a member of a Local Board
may resign his office to the Central Board, and on the acceptance of the resignation the office shall
become vacant.
**12. Casual vacancies and absences.—(1) If the Governor or a Deputy Governor by infirmity or**
otherwise is rendered incapable of executing his duties or is absent on leave or otherwise in circumstances
not involving the vacation of his appointment, the [3][Central Government] may, after consideration of the
recommendations made by the Central Board in this behalf, appoint another person to officiate for him,
and such person may, notwithstanding anything contained in clause (d) or sub-section (1) of section10, be
an officer of the Bank.
12* - - -
1. Subs. by Act 23 of 1965, s. 3, for clause (e) (w.e.f. 1-3-1966).
2. Subs. by Act 51 of 1974, s. 3, for “Banking Companies Act, 1949” (w.e.f. 13-12-1974).
3. Subs. by the M.O. 1937, for “G.G. in C.”.
4. Subs. by Act 32 of 1951, s. 6, for “any other Director” (w.e.f. 1-11-1951).
5. The proviso omitted by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
6. Subs. by s. 7 and the Schedule, ibid., for sub-section (2) (w.e.f. 1-1-1949).
7. The word “appointment” omitted by s. 7 and the Schedule, ibid. (w.e.f. 1-1-1949).
8. The words “or election” omitted by s. 7 and the Schedule, ibid. (w.e.f. 1-1-1949).
9. Subs. by the A.O. 1950, for certain words.
10. Subs. by Act 32 of 1951, s. 6, for “of a Part A State or a Part C State” (w.e.f. 1-11-1951).
11. Subs. by the A.O. 1950, for “any such Legislature or Council”.
12. Sub-section (2) omitted by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
-----
(3) Where any casual vacancy in the office of any member of a Local Board occurs [1]*** the Central
Board may nominate thereto any [2]*** person recommended by the [3][other] members of the Local Board.
(4) Where any casual vacancy occurs in the office of a Director other than the vacancies provided for
in sub-section(1), the vacancy shall be filled [4][by the Central Government].
(5) A person nominated [5]***under this section to fill a casual vacancy shall [6]*** hold office for the
unexpired portion of the term of his predecessor.
**13. Meetings of the Central Board.—(1) Meetings of the Central Board shall be conveyed by the**
Governor at least six times in each year and at least once in each quarter.
(2) Any [7][four Directors] may require the Governor to convene a meeting of the Central Board at any
time and the Governor shall forthwith convene a meeting accordingly.
(3) The Governor, or [8][if for any reason, he is unable to attend,] the Deputy Governor authorised by
the Governor under the proviso to sub-section (3) of section 8 to vote for him shall preside at meetings of
the Central Board, and, in the event of an equality of votes, shall have a second or casting vote.
**14.** [General meetings].—Omitted by the Reserve Bank (Transfer to Public Ownership) _Act, 1948_
(62 of 1948), s. 7 and the Schedule (w.e.f. 1-1-1949).
**15.** [First constitution of the Central Board].—Omitted by s. 7 _and the Schedule, ibid._
(w.e.f. 1-1-1949).
**16. [First constitution of local board].—Omitted by s.7 and the Schedule, ibid. (w.e.f. 1-1-1949).**
**17. Business which the Bank may transact.—The Bank shall be authorised to carry on and transact**
the several kinds of business hereinafter specified, namely:—
(1) the accepting of money on deposit without interest from, and the collection of money for, [9]***
the [10][Central Government], [11][[12]*** the [13][State] Government [14]***] [15]*** local authorities, banks
and any other persons:
16[(1A) The accepting of money as deposits, repayable with interest, from banks or any other
person under the Standing Deposit Facility Scheme, as approved by the Central Board, from time to
time, for the purposes of liquidity management;]
(2) (a) the purchase, sale and rediscount of bills of exchange and promissory notes, [17][drawn
on [18][and payable in India]] and arising out of bona fide commercial or trade transaction bearing two
or more good signatures, one of which shall be that of a scheduled bank [19][or a State co-operative
bank] [20][or any financial institution, which is predominantly engaged in the acceptance or discounting
1. The words “otherwise than by the occurrence of a vacancy in the office of a Director elected by the Local Board” omitted by
Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
2. The word “qualified” omitted by s. 7 and the Schedule, ibid. (w.e.f. 1-1-1949).
3. Subs. by s. 7 and the Schedule, ibid., for “elected” (w.e.f. 1-1-1949).
4. Subs. by s. 7 and the Schedule, ibid., for certain words (w.e.f. 1-1-1949).
5. The words “or elected” omitted by s. 7 and the Schedule, ibid. (w.e.f. 1-1-1949).
6. The words, brackets and figure “subject to the proviso contained in sub-section (4)” omitted by s. 7 and the Schedule, _ibid._
(w.e.f. 1-1-1949).
7. Subs. by Act 18 of 1964, s. 38 and the Second Schedule, for “three Directors” (w.e.f. 1-7-1964).
8. Subs. by Act 24 of 1955, s. 5, for “in his absence” (w.e.f. 8-5-1955).
9. The words “the Secretary of State” omitted by the A.O. 1948.
10. Subs. by the M.O. 1937, for “G.G. in C.”.
11. Subs. by the M.O. 1937, for “L.G.’s”.
12. The words “the Federal Railway Authority” omitted by the A.O. 1948.
13. Subs. by the A.O. 1950, for “Provincial”.
14. The words “the Government of Burma, the Burma Railway Board,” omitted by Act 11 of 1947, s 11 (w.e.f. 1-4-1947).
15. The words and letter “Part B States” omitted by Act 32 of 1951, s. 7 (w.e.f. 1-11-1951).
16. Ins. by Act 13 of 2018, s. 135 (w.e.f. 28-3-2018).
17. Subs. by the M.O. 1937, for “drawn on and payable in India”.
18. Subs. by Act 11 of 1947, s. 11, for “India or Burma and payable in India or Burma” (w.e.f. 1-4-1947).
19. Ins. by Act 32 of 1951, s. 7 (w.e.f. 1-11-1951).
20. Ins. by Act 51 of 1974, s. 6 (w.e.f. 13-12-1974).
-----
of bills of exchange and promissory notes and which is approved by the Bank in this behalf] [1]***
and [2][maturing,—
(i) in the case of bills of exchange and promissory notes arising out of any such transaction
relating to the export of goods from India, within one hundred and eighty days, and
(ii) in any other case, within ninety days,
from the date of such purchase or rediscount exclusive of days of grace;]
(b) the purchase, sale and rediscount of bills of exchange and promissory notes, [3][drawn [4][and
payable in India]] and bearing two or more good signatures, one of which shall be that of a scheduled
bank [5][or a [6][State] co-operative bank] [7][or any financial institution, which is predominantly engaged
in the acceptance or discounting of bills of exchange and promissory notes and which is approved by
the Bank in this behalf] and drawn or issued for the purpose of [8][financing agricultural operations] or
the marketing of crops, and maturing within [9][fifteen months] from the date of such purchase or
rediscount, exclusive of days of grace;
10* - - -
11[(bb) the purchase, sale and rediscount of bills of exchange and promissory notes drawn and
payable in India and bearing two or more good signatures, one of which shall be that of a State cooperative bank or a State financial corporation [7][or any financial institution, which is predominantly
engaged in the acceptance or discounting of bills of exchange and promissory notes and which is
approved by the Bank in this behalf], and drawn or issued for the purpose of financing the production
or marketing activities of cottage and small-scale industries approved by the Bank and maturing
within twelve months from the date of such purchase or rediscount, exclusive of days of grace,
provided that the payment of the principal and interest of such bills of exchange or promissory notes
is fully guaranteed by the State Government;]
(c) the purchase, sale and rediscount of bills of exchange and promissory notes [3][drawn [12][and
payable in India]] and bearing the signature of a scheduled bank, [13]*** and issued or drawn for the
purpose of holding or trading in securities of [14] [the Central Government [15] [or a [6][State]
Government]] [16]*** and maturing within ninety days from the date of such purchase or rediscount,
exclusive of days of grace;
(3) (a) the purchase from and sale to scheduled banks [17]*** of [18][foreign exchange] [19]***;
1. The words “or a Burma scheduled bank” omitted by Act 11 of 1947, s. 11 (w.e.f. 1-4-1947), which were inserted by M.O.
1937.
2. Subs. by Act 35 of 1962, s. 3, for “maturing within ninety days from the date of such purchase or re-discount, exclusive of
days of grace” (w.e.f. 15-9-1962).
3. Subs. by M.O. 1937, for “drawn and payable in India”.
4. Subs. by Act 11 of 1947, s. 11, for “either in India or in Burma and payable either in India or in Burma” (w.e.f. 1-4-1947).
5. Subs. by s. 11, _ibid., for “a Burma scheduled bank, a provincial co-operative bank, or a Burma co-operative bank”_
(w.e.f. 1-4-1947).
6. Subs. by the A.O. 1950, for “Provincial”.
7. Ins. by Act 51 of 1974, s. 6 (w.e.f. 13-12-1974).
8. Subs. by s. 6, ibid.,for “financing seasonal agricultural operations” (w.e.f. 13-12-1974).
9. Subs. by Act 32 of 1951, s. 7, for “nine months” (w.e.f. 1-11-1951).
10. The Explanation omitted by Act 23 of 1965, s. 4 (w.e.f. 1-3-1966). Earlier added by Act 54 of 1953, s. 3 (w.e.f. 30-12-1953).
11. Ins. by Act 54 of 1953, s. 3 (w.e.f. 30-12-1953).
12. Subs. by Act 11 of 1947, s. 11, for “either in India or Burma and payable either in India or in Burma” (w.e.f. 1-4-1947).
13. The words “or a Burma scheduled bank” omitted by s. 11, ibid. (w.e.f. 1-4-1947).
14. Subs. by the M.O. 1937, for “the Government of India or a L.G.”.
15. Subs. by Act 11 of 1947, s. 11, for “or a Provincial Government” (w.e.f. 1-4-1947).
16. The words “or such securities of Part B States as may be specified in this behalf by the Central Government on the
recommendation of the Central Board” omitted by Act 32 of 1951, s. 7 (w.e.f. 1-11-1951).
17. The words “and Burma scheduled banks” omitted by Act 11 of 1947, s. 11 (w.e.f. 1-4-1947) which was earlier inserted by
M.O. 1937.
18. Subs. by Act 62 of 1948, s. 7 and the Schedule, for “sterling” (w.e.f. 1-1-1949).
19. The words “in amounts of not less than the equivalent of one lakh of rupees” omitted by Act 24 of 1978, s. 4
(w.e.f. 21-7-1978).
-----
1[(b) the purchase sale and rediscount of bills of exchange (including treasury bills) drawn in or
on any place in any country outside India which is a member of the International Monetary Fund and
maturing,—
(i) in the case of bills of exchange arising out of any _bona fide transaction relating to the_
export of goods from India, within one hundred and eighty days, and
(ii) in any other case, within ninety days,
from the date of such purchase or rediscount:
Provided that no such purchase, sale or rediscount shall be made in India except with a
scheduled bank or a State co-operative bank;]
2* - - -
3[(3A) the making to any scheduled bank or State co-operative bank, or loans and advances,
against promissory notes or such bank, repayable on demand or on the expiry of fixed periods not
exceeding one hundred and eighty days:
Provided that the borrowing bank furnishes a declaration in writing, to the effect that—
(i) it holds bills of exchange arising out of any transaction relating to the export of goods
from India of a value not less than the amount of such loans or advances,—
(a) drawn in India and no any place in any country outside India which is a member of
the International Monetary Fund or in any other country notified in this behalf by the Bank in
the Gazette of India, and
4[(b) maturing not later than one hundred and eighty days from the date of the loan or
advance, and it will, so long as any part of such loans and advances remains unpaid, continue
to hold such bills of exchange of a value not less than the amount of such loans or advances
outstanding for the time being; or]
5[(ii) it has granted a pre-shipment loan or advance to an exporter or any other person in India
in order to enable him to export goods from India, the amount of the loan or advance drawn and
outstanding at any time being not less than the outstanding amount of the loan or advance
obtained by the borrowing bank from the Bank.]]
6[(3B) the making to any scheduled bank or State co-operative bank or loans and advances
repayable on demand or on the expiry of fixed periods not exceeding one hundred and eighty days
against promissory notes of such bank:
Provided that the borrowing bank furnishes a declaration in writing to the effect that it has made
loans and advances for _bona fide commercial or trade transactions or for financing agricultural_
operations or the marketing of crops or for other agricultural purposes as set out in the declaration and
the said declaration includes such other particulars as may be required by the Bank;]
(4) the making to [7] *** local authorities, scheduled banks [8] [, [9] *** [10] [State] co-operative
banks [11][and State Financial Corporations [12]***]] or loans and advances, repayable on demand or on
the expiry of fixed periods not exceeding ninety days, against the security of—
1. Subs. by Act 35 of 1962, s. 3, for sub-clause (b) (w.e.f. 15-9-1962).
2. Sub-clause (c) omitted by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
3. Ins. by Act 35 of 1962, s. 3 (w.e.f. 15-9-1962).
4. Subs. by Act 58 of 1968, s. 24, for sub-clause (b) (w.e.f. 1-2-1969).
5. Subs. by s. 24, ibid., for clause (ii) (w.e.f. 1-2-1969).
6. Ins. by Act 51 of 1974, s. 6 (w.e.f. 13-12-1974).
7. The words and letter “Part B States” omitted by Act 32 of 1951, s. 7 (w.e.f. 1-11-1951).
8. Subs. by the M.O. 1937, for “and Provincial co-operative banks”.
9. The words “Burma scheduled banks” omitted by Act 11 of 1947, s. 11 (w.e.f 1-4-1947).
10. Subs. by the A.O. 1950, for “Provincial”.
11. Subs. by Act 19 of 1957, s. 2, for certain words (w.e.f. 8-6-1957).
12. The words and figures “established under the State Financial Corporations Act, 1951” omitted by Act 24 of 1978,
s. 4 (w.e.f. 21-7-1978).
-----
(a) stocks, funds and securities (other than immovable property) in which a trustee is
authorised to invest trust money by any Act of Parliament [1][of the United Kingdom] or by any
law for time being in force in [2][India] [3]***;
(b) gold or silver or documents of title to the same;
(c) such bills of exchange and promissory notes as are eligible for purchase or rediscount by
the Bank [4][or as are fully guaranteed as to the repayment of the principal and payment of interest
by a State Government];
(d) promissory notes of any scheduled bank [5][[6][or [7][State]] co-operative bank], supported by
documents of title to goods [8][such documents having been transferred], assigned, or pledged to
any such bank as security for [9][a loan or advance made] for _bona fide commercial or trade_
transactions, or for the purpose of [10][financing agricultural operations] or the marketing of crops:
11[Provided that loans and advances made against the security of bills of exchange and
promissory notes arising out of any transaction relating to the export of goods from India shall be
repayable on demand or on the expiry of fixed periods not exceeding one hundred and eighty
days;]
12[(4A) the making to any State Financial Corporation 13***, of loans and advances repayable on
the expiry of fixed periods not exceeding eighteen months from the date of such loan or advance,
against securities of the Central Government or of any State Government, of any maturity, or against
bonds and debentures issued by that Corporation and guaranteed by the State Government concerned
and maturing within a period not exceeding eighteen months from the date of such loan or advance:
14
[Provided that the previous approval of the State Government shall be obtained for the
borrowing by the State Financial Corporation and the amount of loans and advances granted to that
Corporation under this clause shall not, at any time, exceed in the aggregate [15][twice the paid-up share
capital] thereof;]]
16 [ 17 [(4AA)] the making of annual contributions to the National Rural Credit (Long Term
Operations) Fund and the National Rural Credit (Stabilisation) Fund established under sections
42 and 43, respectively, of the National Bank for Agriculture and Rural Development Act, 1981 (61
of 1981);]
18[(4B) the making to the Industrial Finance Corporation of India 19*** of loans and advances,—
(a) repayable on demand or on the expiry of fixed periods not exceeding ninety days from the
date of such loan or advance, against securities of the Central Government or of any State
Government; or
1. Ins. by the A.O. 1950.
2. Subs. by Act 32 of 1951, s. 2 for “the States” (w.e.f. 1-11-1951).
3. The words “or Burma” omitted by Act 11 of 1947, s. 11 (w.e.f. 1-4-1947) which was inserted by the M.O. 1937.
4. Ins. by Act 24 of 1955, s. 6 (w.e.f. 8-5-1955).
5. Subs. by the M.O. 1937, for “or a Provincial co-operative bank”.
6. Subs. by Act 11 of 1947, s. 11, for “Burma scheduled bank, provincial co-operative bank or Burma” (w.e.f. 1-4-1947).
7. Subs. by the A.O. 1950, for “Provincial”.
8. Subs. by Act 32 of 1951, s. 7, for “which have been transferred” (w.e.f. 1-11-1951).
9. Subs. by Act 24 of 1955, s. 6, for “a cash credit or overdraft granted” (w.e.f. 8-5-1955).
10. Subs. by Act 51 of 1974, s. 6, for “financing seasonal agricultural operations” (w.e.f. 13-12-1974).
11. Added by Act 35 of 1962, s. 3 (w.e.f. 15-9-1962).
12. Ins. by Act 14 of 1960, s. 2 (w.e.f. 30-4-1960).
13. The words and figures “established under the State Financial Corporations Act, 1951” omitted by Act 24 of 1978, s. 4 (w.e.f.
21-7-1978).
14. Subs. by Act 51 of 1974, s. 6, for the proviso (w.e.f. 13-12-1974).
15. Subs. by Act 81 of 1985, s. 2, for “ninety per cent. of the paid-up share capital” (w.e.f. 1-5-1986).
16. Subs. by Act 61 of 1981, s. 61 and the Second Schedule, for clause (4AA) (w.e.f. 12-7-1982).
17. Clause (4A) renumbered and re-lettered as clause (4AA) thereof by Act 14 of 1960, s. 2 (w.e.f. 30-4-1960). Earlier it was
inserted by Act 54 of 1953, s. 3 (w.e.f. 30-12-1953).
18. Ins. by Act 54 of 1953, s. 3 (w.e.f. 30-12-1953).
19. The words and figures “established under the Industrial Finance Corporation Act, 1948” omitted by Act 24 of 1978, s. 4
(w.e.f. 21-7-1978).
-----
(b) repayable on the expiry of fixed periods not exceeding eighteen months from the date of
such loan or advance, against securities of the Central Government of any maturity or against
bonds and debentures issued by the Corporation and guaranteed by the Central Government and
maturity within a period not exceeding eighteen months from the date of such loan or advance;
1* - - - *]
2[(4BB) the making to any financial institution notified by the Central Government in this behalf,
of loans and advances,—
(a) repayable on demand or on the expiry of fixed periods not exceeding ninety days from the
date of such loan or advance, against the securities of the Central Government or of any State
Government, or
(b) repayable on the expiry of fixed periods not exceeding eighteen months from the date of
such loan or advance, against securities of the Central Government or of any State Government,
of any maturity, or against bonds and debentures issued by that financial institution and
guaranteed by the Central Government or any State Government, and maturing within a period
not exceeding eighteen months from the date of such loan or advance:
Provided that the amount of loans and advances granted to a financial institution under sub
clause (b) shall not, at any time, exceed in the aggregate sixty per cent.of the paid-up share capital
thereof;]
3[(4BBB) the making to the Unit Trust of loans and advances—
(i) repayable on demand or on the expiry of a fixed period not exceeding ninety days from the
date of such loan or advance against the security of stocks, funds and securities (other than
immovable property) in which a trustee is authorised to invest trust money by any law for the
time being in force in India; [4]***
(ii) repayable on demand or within a period of eighteen months from the date of such loan or
advance against the security of the bonds of the Unit Trust issued with the approval of and
guaranteed by the Central Government;]
5[(iii) for the purpose of any scheme other than the first unit scheme under the Unit Trust of
India Act, 1963 (52 of 1963) on such terms and conditions and against the security of such other
property of the Unit Trust as may be specified in this behalf by the Bank;]
6[(4C) the making to a Warehousing Corporation established under the Agricultural Produce
(Development and Warehousing) Corporations Act, 1956 (28 of 1956) of loans and advances,—
(a) repayable on demand or on the expiry of fixed periods not exceeding ninety days, from
the date of such loan or advance, against securities of the Central Government or of any State
Government, or
(b) repayable on the expiry of fixed periods not exceeding eighteen months from the date of
such loan or advance, against securities of the Central Government or of any State Government,
of any maturity, or against bonds and debentures issued by the corporation to which the loan or
advance is made, and guaranteed by the Central or a State Government, and maturing within a
period not exceeding eighteen months from the date of such loan or advance:
Provided that the amount of loans and advances granted under clause (b) shall not at any time
exceed, in the aggregate, three crores of rupees in the case of the Central Warehousing
Corporation and fifty lakhs of rupees in the case of a State Warehousing Corporation;]
1. The proviso omitted by Act 66 of 1988, s. 5 (w.e.f. 30-12-1988).
2. Subs. by Act 14 of 1960, s. 2, for clause (4BB) (w.e.f. 30-4-1960). Earlier inserted by Act 19 of 1957, s. 2 (w.e.f. 8-6-1957).
3. Ins. by Act 52 of 1963, s. 44 and the Second Schedule (w.e.f. 1-2-1964).
4. The word “or” omitted by Act 17 of 1966, s. 11 (w.e.f. 10-6-1966).
5. Ins. by s. 11, ibid. (w.e.f. 10-6-1966).
6. Ins. by Act 28 of 1956, s. 55 (w.e.f. 1-8-1956).
-----
1[(4D) the making to the Deposit Insurance Corporation of loans and advances; and generally
assisting the Corporation in such manner and on such terms as may be determined by the Central
Board;]
2[(4DD) the making to the National Housing Bank of loans and advances arid generally assisting
the National Housing Bank in such manner and on such terms as may be determined by the Central
Board;]
3[(4E) the making to the National Bank of loans and advances repayable on demand or on the
expiry of fixed period not exceeding eighteen months from the date of making of the loan or advance,
either—
(i) against the security of stocks, funds and securities (other than immovable property) in
which a trustee is authorised to invest trust money by any law for the time being in force in India;
or
(ii) on such other terms and conditions as the Bank may specify;]
4[(4F) contributing to the initial Capital of the Unit Trust;]
5 [(4G) the making of loans and advances to, and the purchasing of bonds and debentures
of, [6]*** [7][the Exim Bank] [8][or the Reconstruction Bank] [9][or the Small Industries Bank [10][or the
National Bank for Financing Infrastructure and Development or other development financial
institution]] out of the National Industrial Credit (Long Term Operations) Fund established under
section 46C;]
2[(4GG) the making of loans and advances to, and the purchasing of bonds and debentures of, the
National Housing Bank out of the National Housing Credit (Long Term Operations) Fund established
under section 46D;]
(4H) the making to [6]*** [9][or the Small Industries Bank] of loans and advances—
(a) repayable on demand or on the expiry of fixed periods not exceeding ninety days from the
date of such loan or advance against the security of stocks, funds and securities (other than
immovable property) in which a trustee is authorised to invest trust money by any law for the
time being in force in India; or
(b) against the security of bills of exchange or promissory notes, arising out of _bona fide_
commercial or trade transactions bearing two or more good signatures and maturing within five
years from the date of such loan or advance;]
11[(4-I) the making to scheduled banks, 12*** 7[the Exim Bank] 13[the Reconstruction Bank or the
Small Industries Bank] the Industrial Finance Corporation [10][the National Bank for Financing
Infrastructure and Development or other development financial institution] and any other financial
institution as may, on the recommendation of the Bank, be approved in this behalf by the Central
Government of loans and advances repayable on demand or otherwise and against such security and
on such other terms and conditions as may be approved in this behalf by the Central Board for the
purpose of enabling such banks, or financial institution, as the case may be, to purchase foreign
exchange from the Bank for the purpose of financing the import of capital goods or for such other
purposes as may be approved by the Central Government;]
7[(4J) the making to the Exim Bank of loans and advances—
1. Ins. by Act 47 of 1961, s. 51 and the Second Schedule (w.e.f. 1-1-1962).
2. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988).
3. Subs. by Act 61 of 1981, s. 61 and the Second Schedule, for clause (4E) (w.e.f. 12-7-1982).
4. Ins. by Ac 52 of 1963, s. 44 and the Second Schedule (w.e.f. 1-2-1964).
5. Ins. by Act 18 of 1964, s. 38 and the Second Schedule (w.e.f. 1-7-1964).
6. The words “the Development Bank or” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).
7. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 1-1-1982).
8. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985).
9. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (w.e.f. 7-3-1990).
10. Ins. by Act 17 of 2021, s. 47 and the second Schedule (w.e.f. 19-4-2021).
11. Ins. by Act 24 of 1978, s. 4 (w.e.f. 21-7-1978).
12. The words “the Development Bank” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).
13. Subs. by Act 39 of 1989, s. 53 and the Second Schedule, for “or the Reconstruction Bank” (w.e.f. 7-3-1990).
-----
(a) repayable on demand or on the expiry of a fixed period not exceeding ninety days, from the date of
such loan or advance against the security of stocks, funds and securities (other than immovable property) in
which a trustee is authorised to invest trust money by any law for the time being in force in India; or
(b) against the security of bills of exchange or promissory notes, arising out of bona fide commercial or
trade transactions bearing two or more good signatures and maturing within five years from the date of
such loan or advance;]
1[(4K) the making to the Reconstruction Bank of loans and advances—
(a) repayable on demand or on the expiry of a fixed period not exceeding ninety days, from the date of
such loan or advance against the security of stocks, funds and securities (other than immovable property) in
which a trustee is authorised to invest trust money by any law for the time being in force in India; or
(b) against the security of bills of exchange or promissory notes, arising out of _bona fide_
commercial or trade transactions bearing two or more goods signatures and maturing within five
years from the date of such loan or advance;]
2 [(4L) the making to the National Bank for Financing Infrastructure and Development or other
development financial institution of loans and advances—
(a) repayable on demand or on the expiry of a fixed period not exceeding ninety days, from the
date of such loan or advance against the security of stocks, funds and securities (other than immovable
property) in which a trustee is authorised to invest trust money by any law for the time being in force
in India; or
(b) against the security of bills of exchange or promissory notes, arising out of _bona fide_
commercial or trade transactions bearing two or more good signatures and maturing within five years
from the date of such loan or advance;]
(5) the making to the [3][Central Government] [4][[5]*** [6][and [7][State] Governments]] of advances
repayable in each case not later than three months from the date of the making of the advance;
8[(6) the issue of demand drafts, telegraphic transfers and other kinds of remittances made
payable at its own offices or agencies, the purchase of telegraphic transfers, and the making, issue and
circulation of bank post bills;]
9[(6A) dealing in derivatives, and, with the approval of the Central Board, in any other financial
instrument.
_Explanation.—For the purposes of this clause, “derivative” means an instrument, to be settled at a_
future date, whose value is derived from change in one or a combination of more than one of the
following underlying, namely:—
(a) interest rate,
(b) price of securities of the Central Government or a State Government or of such securities
of a local authority as may be specified in this behalf by the Central Government,
(c) price of foreign securities,
(d) foreign exchange rate,
(e) index of rates or prices,
(f) credit rating or credit index,
(g) price of gold or silver coins, or gold or silver bullion, or
(h) any other variable of similar nature;]
10* - - -
1. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985).
2. Ins. by Act 17 of 2021, s. 47 and the Second Schedule (w.e.f. 19-4-2021).
3. Subs. by the M.O. 1937, for “G.G. in C.”.
4. Subs. by ibid., for certain words.
5. The words “the Federal Railway Authority” omitted by the A.O. 1948.
6. Subs. by Act 11 of 1947, s. 11, for “Provincial Governments, the Government of Burma and the Burma Railway
Board” (w.e.f. 1-4-1947).
7. Subs. by the A.O. 1950, for “Provincial”.
8. Subs. by Act 32 of 1951, s. 7, for clause (6) (w.e.f. 1-11-1951).
9. Ins. by Act 26 of 2006, s. 2 (w.e.f. 9-1-2007).
10. Clause (7) repealed by Act 2 of 1948, s. 2 and the Schedule (w.e.f. 5-1-1948).
-----
(8) the purchase and sale of securities [1][of the Central [2][Government or a [3][State] Government]]
of any maturity or of such securities of a local authority [4]*** as may be specified in this behalf by
the [5][Central Government] on the recommendation of the Central Board:
Provided that securities fully guaranteed as to principal and interest by [6] [any such
Government [7][or authority]] shall be deemed for the purposes of this clause to be securities of such
Government [7][or authority];
8* - - -
9[(8A) the purchase and sale of shares in, or the capital of 10[the 11[National Bank],] 12[the Deposit
Insurance Corporation], [13]***, the State Bank [14][or any other bank [15][or financial institution] notified
by the Central Government in this behalf];]
16[(8AA) the promoting, establishing, supporting or aiding in the promotion, establishment and
support of any financial institution, whether as its subsidiary or otherwise;]
17[(8B) the keeping of deposits with the State Bank for such specific purposes as may be approved
by the Central Government in this behalf;]
(9) the custody of monies, securities and other articles of value, and the collection of the
proceeds, whether principal, interest or dividends, of any such securities;
(10) the sale realisation of all property, whether movable or immovable, which may in any way
come into the possession of the Bank in satisfaction, or part satisfaction, of any of its claims;
(11) the acting as agent for [18]*** the [5][Central Government] [19][or any [3][State] Government [20]***
or any local authority [21]***] [22][or the Industrial Finance Corporation of India [23]***] [24][or any other
body corporate which is established or constituted by or under any other law] [25][or the Government of
any such country outside India or [26][any such person or authority] as may be approved in this behalf
by the Central Government] in the transaction of any of the following kinds of business, namely:—
(a) the purchase and sale of gold or silver [27][or foreign exchange];
(b) the purchase, sale, transfer and custody of bills of exchange, securities or shares in any
company;
1. Subs. by the M.O. 1937, for “of the G. of I or of a L.G.”.
2. Subs. by Act 11 of 1947, s. 11, for “Government, a Provincial Government or the Government of Burma” (w.e.f. 1-4-197).
3. Subs. by the A.O. 1950, for “Provincial”.
4. The words and letter “or such Part B States” omitted by Act 32 of 1951, s. 7 (w.e.f. 1-11-1951).
5. Subs. by the M.O. 1937, for “G.G. in C.”.
6. Subs., ibid., for “the G. of I., a L.G., a local authority or State in India”.
7. Subs. by Act 32 of 1951, s. 7, for “authority or State” (w.e.f. 1-11-1951).
8. The second proviso omitted by s. 7, ibid. (w.e.f. 1-11-1951).
9. Ins. by Act 23 of 1955, s. 52 and the Third Schedule (w.e.f. 1-7-1955).
10. Ins. by Act 10 of 1963, s. 47 and the Second Schedule (w.e.f. 1-5-1963).
11. Subs. by Act 61 of 1981, s. 61 and the Second Schedule, for “Agricultural Refinance and Development Corporation”
(w.e.f. 12-7-1982).
12. Ins. by Act 47 of 1961, s. 51 and the Second Schedule (w.e.f. 1-1-1962).
13. The words “the Development Bank” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).
14. Subs. by Act 79 of 1956, s. 43 and the Second Schedule, for “or any of its subsidiary banks” (w.e.f. 22-10-1956).
15. Ins. by Act 19 of 1957, s. 2 (w.e.f. 8-6-1957).
16. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988).
17. Ins. by Act 38 of 1959, s. 64 and the Third Schedule (w.e.f. 10-9-1959).
18. The words “the Secretary of State” omitted by the A.O. 1948.
19. Subs., ibid., for certain words.
20. The words “or the Government of Burma” omitted by Act 11 of 1947, s. 11 (w.e.f. 1-4-1947).
21. The words and letter “or any Part B State” omitted by Act 32 of 1951, s. 7 (w.e.f. 1-11-1951).
22. Ins. by Act 44 of 1949, s. 2.
23. The words “established under the Industrial Finance Corporation Act, 1948 (15 of 1948)” omitted by Act 24 of 1978,
s. 4 (w.e.f. 21-7-1978).
24. Ins. by Act 51 of 1974, s. 6 (w.e.f. 13-12-1974).
25. Ins. by Act 32 of 1951, s. 7 (w.e.f. 1-11-1951).
26. Subs. by Act 51 of 1974, s. 6, for “any such person” (w.e.f. 13-12-1974).
27. Added by Act 23 of 1947, s. 3 (w.e.f. 18-4-1947).
-----
(c) the collection of the proceeds, whether principal, interest or dividends, of any securities or
shares;
(d) the remittance of such proceeds, at the risk of the principal, by bills of exchange payable
either in India or elsewhere;
(e) the management of public debt;
1[(f) 2*** the issue and management of 3*** bonds and debentures;]
4[(11A) the acting as agent for the Central Government,—
5[(a) in guaranteeing the due performance by any small-scale industrial concern, approved by
the Central Government, of its obligations to any bank or other financial institution in respect of
loans and advances made, or other credit facilities provided, to it by such bank or other financial
institution and the making as such agent of payments in connection with such guarantee, and]
(b) in administering any scheme for subsidising the rate of interest or other charges in relation
to any loans or advances made, or other credit facilities provided, by banks or other financial
institutions for the purpose of financing or facilitating any export from India and the making as
such agent of payments on behalf of the Central Government;]
6[(12) the purchase and sale of gold or silver coins and gold and silver bullion and foreign
exchange and the opening of a gold account with the principal currency authority of any foreign
country or the Bank for International Settlements or any international or regional bank or financial
institution formed by such principal currency authority or authorities or by the Government of any
foreign country;]
7[(12A) the purchase and sale of securities issued by the Government of any country outside India
or by any institution or body corporate established outside India and expressed to be payable in a
foreign currency or any international or composite currency unit, being in the case of purchase by the
Bank securities maturing within a period of ten years from the date of purchase:
Provided that in the case of securities of an institution or body corporate, the repayment of
principal and payment of interest in respect of such securities shall be guaranteed by the Government
of the country concerned;]
8[(12AA) lending or borrowing of securities of the Central Government or a State Government or
of such securities of a local authority as may be specified in this behalf by the Central Government or
foreign securities;
(12AB) dealing in repo or reverse repo:
Provided that lending or borrowing of funds by way of repo or reverse repo shall not be subject to
any limitation contained in this section.
_Explanation.—For the purposes of this clause,—_
(a) “repo” means an instrument for borrowing funds by selling securities of the Central
Government or a State Government or of such securities of a local authority as may be specified
in this behalf by the Central Government or foreign securities, with an agreement to repurchase
the said securities on a mutually agreed future date at an agreed price which includes interest for
the funds borrowed;
1. Ins. by Act 44 of 1949, s. 2.
2. The words “in respect of the aforesaid Corporation” omitted by Act 51 of 1974, s. 6 (w.e.f. 13-12-1974).
3. The word “its” omitted by s. 6, ibid. (w.e.f. 13-12-1974).
4. Subs. by Act 58 of 1968, s. 24, for clause (11A) (w.e.f. 1-2-1969). Earlier it was inserted by Act 14 of 1960, s. 2
(w.e.f. 30-4-1960).
5. Restored by Act 81 of 1985, s. 12 (w.e.f. 1-5-1986). Earlier sub-clause (a) omitted by Act 21 of 1978, s. 9 (date to be notified).
6. Subs. by Act 24 of 1978, s. 4, for clause (12) (w.e.f. 21-7-1978).
7. Subs. by s. 4, ibid., for clause (12A) (w.e.f. 21-7-1978).
8. Ins. by Act 26 of 2006, s. 2 (w.e.f. 9-1-2007).
-----
(b) “reverse repo” means an instrument for lending funds by purchasing securities of the
Central Government or a State Government or of such securities of a local authority as may be
specified in this behalf by the Central Government or foreign securities, with an agreement to
resell the said securities on a mutually agreed future date at an agreed price which includes
interest for the funds lent;]
1[(12B) the making of loans and advances in foreign currencies to scheduled banks, 2*** 3[, the
Exim Bank], [4][or [5][the Reconstruction Bank or the Small Industries Bank]] the Industrial Finance
Corporation [6][the National Bank for Financing Infrastructure and Development or other development
financial institution,] any State Financial Corporation and any other financial institution as may, on
the recommendation of the Bank, be approved by the Central Government and on such terms and
conditions as may be specified by the Central Board in this behalf, against promissory notes of such
bank or financial institution, as the case may be:
Provided that the borrowing bank or financial institution, as the case may be, furnishes a
declaration in writing to the effect that—
(a) it has made loans and advances in foreign currencies for financing international trade or
for the import of capital goods or for such other purposes as may be approved by the Central
Government; and
(b) that the amount of loans or advances so made and outstanding at any time will not be less
than the outstanding amount of the loans or advances obtained by it from the Bank;]
7[(13) the opening of an account with an office outside India of any bank, including a bank
incorporated in India or the making of an agency agreement with, and the acting as an agent or
correspondent of, any bank incorporated outside India, or the principal currency authority of any
country under the law for the time being in force in that country or any international or regional bank
or financial institution formed by such principal currency authorities or foreign governments, and the
investing of the funds of the Bank in the shares and securities of any such international or regional
bank or financial institution or of any other foreign institution as may be approved by the Central
Board in this behalf;]
8[(13A) participation in any arrangement for the clearing and settlement of any amounts due from,
or to, any person or authority on account of the external trade of India with any other country or
group of countries or of any remittances to, or from, that country or group of countries, including the
advancing, or receiving, of any amount in any currency in connection therewith, and, for that purpose,
becoming, with the approval of the Central Government, a member of any international or regional
clearing union of central banks monetary or other authorities, or being associated with any such
clearing arrangements, or becoming a member of any body or association formed by central banks,
monetary or other similar authorities, or being associated with the same in any manner;]
(14) the borrowing of money for a period not exceeding one month for the purposes of the
business of the Bank, and the giving of security for money so borrowed:
Provided that no money shall be borrowed under this clause from any person in India [9]*** other
than a scheduled bank [10]*** or from any person outside India [11]*** other than a bank which is the
principal currency authority of any country under the law for the time being in force in that country:
1. Ins. by Act 24 of 1978, s. 4 (w.e.f. 21-7-1978).
2. The words “the Development Bank” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).
3. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 1-1-1982).
4. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985).
5. Subs. by Act 39 of 1989, s. 53 and the Second Schedule, for “the Reconstruction Bank” (w.e.f. 7-3-1990).
6. Ins. by Act 17 of 2021, s. 47 and the Second Schedule (w.e.f. 19-4-2021).
7. Subs. by Act 24 of 1978, s. 4, for clause (13) (w.e.f. 21-7-1978) which was inserted by the M.O. 1937.
8. Ins. by Act 44 of 1973, s. 2 (w.r.e.f. 15-9-1973).
9. The words “or Burma” omitted by Act 11 of 1947, s. 11 (w.e.f. 1-4-1947) which were earlier inserted by the M.O. 1937.
9. The words “or a Burma scheduled bank” omitted by s. 11, _ibid. (w.e.f. 1-4-1947) which were earlier inserted by the M.O._
1937.
10. The words “and Burma” omitted by s. 11, ibid. (w.e.f. 1-4-1947).
-----
Provided further that the total amount of such borrowings from persons in India [1]*** shall not at
any time exceed the amount of the [2][capital] of the Bank;
3* - - -
(15) the making and issue of bank notes subject to the provisions of this Act [4]***; [5]***
6[(15A) the exercise of powers and functions and the performance of duties entrusted to the Bank
under this Act or under any other law for the time being in force;]
7[15B) the providing of facilities for training in banking and for the promotion of research, where,
in the opinion of the Bank, such provision may facilitate the exercise by the Bank of its powers and
functions, or the discharge of its duties;]
(16) generally, the doing of all such matters and things as may be incidental to or consequential
upon the exercise of its powers or the discharge of its duties under this Act [8]***.
**18. Power of direct discount.—[9]***When, in the opinion of the [10][Bank] [11]***, a special occasion**
has arisen making it necessary or expedient that action should be taken [12][under this section] for the
purposes of regulating credit in the interests of Indian [13]*** trade, commerce, industry and agricultural,
the Bank may, notwithstanding any limitation contained in [14]*** section 17,—
15[(1) purchase, sell or discount any bill of exchange or promissory note though such bill or
promissory note is not eligible for purchase or discount by the Bank under that section; or]
16* - - -
17[(3) make loans or advances to—
(a) a State co-operative bank, or
(b) on the recommendation of a State co-operative bank, to a cooperative society registered
within the area in which the State cooperative bank operates, or
(c) any other person,
repayable on demand or on the expiry of the fixed periods, not exceeding ninety days, on such terms
and conditions as the Bank may consider to be sufficient.]
18* - - -
19* - - -
1. The words “and Burma” omitted by Act 11 of 1947, s. 11 (w.e.f. 1-4-1947).
2. Subs. by Act 32 of 1951, s. 7, for “share capital” (w.e.f. 1-11-1951).
3. Clause (14A) omitted by Act 38 of 1959, s. 64 and the Third Schedule (w.e.f. 1-10-1959) which was inserted by Act 79 of
1956, s. 43 and the Second Schedule (w.e.f. 22-10-1956).
4. The words “and the making and issue of Burma notes in accordance with the law of Burma” omitted by Act 11 of 1947, s. 11
(w.e.f. 1-4-1947) which was inserted by the M.O. 1937.
5. The word “and” omitted by Ordinance 47 of 1945, s. 6.
6. Subs. by Act 23 of 1955, s. 52 and the Third Schedule for clause (15A) (w.e.f. 1-7-1955).
7. Ins. by Act 58 of 1968, s. 24 (w.e.f. 1-2-1969).
8. The words “and the law of Burma” omitted by Act 11 of 1947, s. 11 (w.e.f. 1-4-1947) which was inserted by the M.O. 1937.
9. The brackets and figures “(1)” omitted by Act 51 of 1974, s. 7 (w.e.f. 13-12-1974).
10. Subs. by Act 32 of 1951, s. 8, for “Central Board” (w.e.f. 1-11-1951).
11. Certain words omitted by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
12. Subs. by Act 51 of 1974, s. 7, for “under this sub-section” (w.e.f. 13-12-1974).
13. The words “or Burman” omitted by Act 11 of 1947, s. 12 (w.e.f. 1-4-1947) which was inserted by the M.O. 1937.
14. The words, brackets, letters and figures “sub-clauses (a) and (b) of clause (2) or sub-clause (a) or (b) of clause (3) or clause
(4) of” omitted by Act 51 of 1974, s. 7 (w.e.f. 13-12-1974).
15. Subs. by s. 7, ibid., for clause (1) (w.e.f. 13-12-1974).
16. Clause (2) omitted by Act 24 of 1978, s. 5 (w.e.f. 21-7-1978).
17. Subs. by Act 51 of 1974, s. 7, for clause (3) (w.e.f. 13-12-1974).
18. The proviso omitted by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
19. Sub-section (2) omitted by Act 51 of 1974, s. 7 (w.e.f. 13-12-1974).
-----
1[18A. Validity of loan or advance not to be questioned.—Notwithstanding anything to the
contrary contained in any other law for the time being in force,—
(a) the validity of any loan or advance granted by the Bank in pursuance of the provisions of this
Act shall not be called in question merely on the ground of non-compliance with the requirements of
such other law as aforesaid or of any resolution, contract, memorandum, articles of association or
other instrument:
Provided that nothing in this clause shall render valid any loan or advance obtained by any
company or co-operative society where such company or co-operative society is not empowered by
its memorandum to obtain loans or advances;
(b) where a loan or advance has been granted under clause (3A) or under clause (3B) or section 17
or a loan or advance granted under clause (3) of section 18 by the Bank to any person has been
applied by such person, wholly or in part, in making a loan or advance to any borrower, any sum
received—
(i) by the borrowing bank on account of bills of exchange in respect of which the declaration
under clause (i) of the proviso to clause (3A) of section 17 has been furnished or in repayment or
realisation of the outstanding loans and advances referred to in clause (ii) of the said proviso or in
the proviso to clause (3B) of the said section, or
(ii) by the borrowing bank or any other person in repayment or realisation of loans and
advances granted to a borrower out of funds obtained by it or by him from the Bank under section
18,
shall be utilised only for the repayment by the borrowing bank or other person, as the case may be, of the
amounts due to be repaid by it or by him to the Bank, and shall be held by it or by him in trust for the
Bank, until such time as the amounts are so repaid.]
**19. Business which the Bank may not transact.—Save as otherwise provided in sections 17,**
18,[2][42] and 45, the Bank may not—
(1) engage in trade or otherwise have a direct interest in any commercial, industrial or other
undertaking except such interest as it may in any way acquire in the course of the satisfaction of any
of its claims: provided that all such interests shall be disposed of at the earliest possible moment;
3[(2) purchase the shares of any banking company or of any other company, or grant loans upon
the security of any such shares;]
(3) advance money on mortgage of, or otherwise on the security of, immovable property or
documents of title relating thereto, or become the owner of immovable property, except so far as is
necessary for its own business premises and residences for its officers and servants;
(4) make loans or advances;
(5) draw or accept bills payable otherwise than on demand;
(6) allow interest on deposits or current accounts.
CHAPTER III
CENTRAL BANKING FUNCTIONS
**20. Obligation of the Bank to transact Government business.—The Bank shall undertake to accept**
monies for account of [4][[5]*** the Central Government [6]***] and to make payments up to the amount
standing to the credit of [7][its account], and to carry out [8][its exchange], remittance and other banking
operations, including the management of the public debt [9][of the Union].
1. Ins. by Act 51 of 1974, s. 8 (w.e.f. 13-12-1974).
2. Ins. by Act 38 of 1956, s. 2 (w.e.f. 6-10-1956).
3. Subs. by Act 32 of 1951, s. 9, for clause (2) (w.e.f. 1-1-1951).
4. Subs. by the M.O. 1937, for certain words.
5. The words “the Secretary of State” omitted by the A.O. 1950.
6. The words and letter “and the Governments of Part A States” omitted by Act 37 of 1956, s. 104 (w.e.f. 1-11-1956).
7. Subs. by s. 104, ibid., for “their accounts respectively” (w.e.f. 1-11-1956).
8. Subs. by s. 104, ibid., for “their exchange” (w.e.f. 1-11-1956).
9. Ins. by s. 104, ibid. (w.e.f. 1-11-1956).
-----
**20A. [Transaction of business for British Military Administration, Burma].—Omitted to the**
_repeal of the Ordinance by Act_ 11 of 1947 which was earlier temporarily inserted by Ordinance 19 of
1945.
**21. Bank to have the right to transact Government business in India.—(1) The** [1] [Central
Government] [2]*** shall entrust the Bank, on such conditions as may be agreed upon, with all [3][its]
money, remittance, exchange and banking transactions in India, and, in particular, shall deposit free of
interest all [3][its] cash balances with the Bank:
Provided that nothing in this sub-section shall prevent the [1][Central Government] [4]*** from carrying
on money transactions at places where the Bank has no branches or agencies, and the [1][Central
Government] [2]*** may hold at such places such balances as [5][it] may require.
(2) The [1][Central Government] [6]*** shall entrust the Bank, on such conditions as may be agreed
upon, with the management of the public debt and with the issue of any new loans.
(3) In the event of any failure to reach agreement on the conditions referred to in this section
the [1][Central Government] shall decide what the conditions shall be.
7[(4) Any agreement made under this section shall be laid, as soon as may be after it is made, before
Parliament.]
8* - - -
9[21A. Bank to transact Government business of States on agreement.—(1) The Bank may by
agreement with the Government of any [10]*** State [11]*** undertake—
(a) all its money, remittance, exchange and banking transactions in India, including in particular,
the deposit, free of interest, of all its cash balances with the Bank; and
(b) the management of the public debt of, and the issue of any new loans by, that State.
(2) Any Agreement made under this section shall be laid, as soon as may be after it is made, before
Parliament.]
12
[21B. Effect of agreements made between the Bank and certain States before the 1st
**November, 1956.—(1) Any agreement made under section 21 or section 21A between the Bank and the**
Government of a State specified in the Explanation below and in force immediately before the 1st day of
November, 1956, shall, as from that day have effect as if it were an agreement made on that day under
section 21A between the Bank and the Government of the corresponding State subject to such
modifications, if any, being of a character not affecting the general operation of the agreement, as may be
agreed upon between the Bank and the Government of the corresponding State, or in default of such
agreement, as may be made therein by order of the Central Government.
_Explanation.—In this sub-section “corresponding State’’ means,—_
(a) in relation to the agreement between the Bank and the State of Andhra, the State of Andhra
Pradesh;
1. Subs. by the M.O. 1937, for “G.G. in C.
2. The words “and the State Governments” omitted by Act 37 of 1956, s. 104 (w.e.f. 1-11-1956).
3. Subs. by s. 104, ibid., for “their” (w.e.f. 1-11-1956).
4. The words “or any State Government” omitted by s. 104, ibid. (w.e.f. 1-11-1956).
5. Subs. by s. 104, ibid., for “they” (w.e.f. 1-11-1956).
6. The words “and each State Government” omitted by s. 104, ibid. (w.e.f. 1-11-1956).
7. Subs. by s. 104, ibid. for sub-section (4) (w.e.f. 1-11-1956).
8. Sub-section (5) omitted by s. 104, ibid. (w.e.f. 1-11-1956) which was inserted by Act 32 of 1951, s. 3 (w.e.f. 1-11-1951).
9. Ins. by Act 32 of 1951, s. 12 (w.e.f. 1-11-1951).
10. The word and letter “Part B” omitted by Act 37 of 1956, s. 104 (w.e.f. 1-11-1956).
11. The words “(including the autonomous State of Meghalaya)” omitted by Act 81 of 1971, s. 72 (w.e.f. 21-1-1972) which was
earlier inserted by Act 55 of 1969, s. 75 (w.e.f. 2-4-1970).
12. Ins. by Act 37 of 1956, s. 104 (w.e.f. 1-11-1956).
-----
(b) in relation to the agreement between the Bank and any other Part A State as it existed before
the 1st day of November, 1956, the State with the same name; and
(c) in relation to the agreement between the Bank and the Part B State of Mysore or Travancore
Cochin as it existed before the 1st day of November, 1956, the State of Mysore of Kerala
respectively.
(2) Any agreement made under section 21A between the Bank and the Government of the Part B
State of Hyderabad, Madhya Bharat or Saurashtra shall be deemed to have terminated on the 31st day of
October, 1956.]
**22. Right to issue bank notes.—(1) The Bank shall have the sole right to issue bank notes**
in [1] [India], and may, for a period which shall be fixed by the [2] [Central Government] on the
recommendation of the Central Board, issue currency notes of the Government of India supplied to it by
the [2][Central Government], and the provisions of this Act applicable to bank notes shall, unless a contrary
intention appears, apply to all currency notes of the Government of India issued either by the [2][Central
Government] or by the Bank in like manner as if such currency notes were bank notes, and references in
this Act to bank notes shall be construed accordingly.
(2) On and from the date on which this Chapter comes into force the [2][Central Government] shall not
issue any currency notes.
3[22A. Non-applicability of certain provisions to digital form of bank notes.—Nothing contained
in sections 24, 25, 27, 28 and 39 shall apply to the bank notes issued in digital form by the Bank.]
**23. Issue Department.—(1) The issue of bank notes shall be conducted by the Bank in an Issue**
Department which shall be separated and kept wholly distinct from the Banking Department, and the
assets of the Issue Department shall not be subject to any liability other than the liabilities of the Issue
Department as hereinafter defined in section 34.
(2) The Issue Department shall not issue bank notes to the Banking Department or to any other person
except in exchange for other bank notes or for such coin, bullion or securities as are permitted by this Act
to form part of the Reserve.
4* - - -
5[24. Denominations of notes.—(1) Subject to the provisions of sub-section (2) bank notes shall be
of the denominational value to two rupees, five rupees, ten rupees, twenty rupees, fifty rupees, one
hundred rupees, five hundred rupees, one thousand rupees, five thousand rupees and ten thousand rupees
or of such other denominational values, not exceeding ten thousand rupees, as the Central Government
may, on the recommendation of the Central Board, specify in this behalf.
(2) The Central Government may, on the recommendation of the Central Board, direct the non-issue
or the discontinuance of issue of bank notes of such denominational values as it may specify in this
behalf.]
**25. Form of bank notes.—The design, form the material of bank notes shall be such as may be**
approved by the [2][Central Government] after consideration of the recommendations made by the Central
Board.
**26. Legal tender character of notes.—(1) Subject to the provisions of subsection (2), every bank**
note shall be legal tender at any place in [1][India] in payment, or on account for the amount expressed
therein, and shall be guaranteed by the [2][Central Government].
(2) On recommendation of the Central Board the [2][Central Government] may, by notification in the
Gazette of India, declare that, with effect from such date as may be specified in the notification, any series
of bank notes of any denomination shall cease to be legal tender [6][save at such office or agency of the
Bank and to such extent as may be specified in the notification].
1. Subs. by Act 32 of 1951, s. 2, for “the States” (w.e.f. 1-11-1951).
2. Subs. by the M.O. 1937, for “G.G. in C.”.
3. Ins. by Act 6 of 2022, s. 125 (w.e.f. 30-3-2022).
4. Sub-section (3) omitted by Act 11 of 1947, s. 13 (w.e.f. 1-4-1947) which was inserted by the M.O. 1937.
5. Subs. by Act 58 of 1968, s. 25, for section 24 (w.e.f. 1-2-1969).
5. Subs. by Act 32 of 1951, s. 13, for “save at an office or agency of the Bank” (w.e.f. 1-11-1951).
-----
1* - - -
2[26A. Certain bank notes to cease to be legal tender.—Notwithstanding anything contained in
section 26, no bank note of the denominational value of five hundred rupees, one thousand rupees or ten
thousand rupees issued before the 13th day of January, 1946, shall be legal tender in payment or on
account for the amount expressed therein.]
**27. Re-issue notes.—The Bank shall not re-issue bank notes which are torn, defaced or excessively**
spoiled.
**28. Recovery of notes lost, stolen, mutilated or imperfect.—** [3] *** Notwithstanding anything
contained in any enactment or rule of law to the contrary, no person shall of right be entitled to recover
from the [4][Central Government] or the Bank, the value of any lost, stolen, mutilated or imperfect currency
note of the Government of India or bank note:
Provided that the Bank may, with the previous sanction of the [4][Central Government], prescribed the
circumstances in and the conditions and limitations subject to which the value of such currency notes or
bank notes may be refunded as of grace and the rules made under this proviso shall be laid on the
table [5]*** of [6][Parliament].
7* - - -
8[28A. Issue of special bank notes and special one rupee notes in certain cases.—(1) For the
purpose of controlling the circulation of bank notes without India, the Bank may, notwithstanding
anything contained in any other provision of this Act, issue bank notes of such design, form and material
as may be approved under sub-section (3) (hereinafter in this section referred to as special bank notes) of
the denominational values of five rupees, ten rupees and one hundred rupees.
(2) For the purpose of controlling the circulation of Government of India one rupee notes without
India, the Central Government may, notwithstanding anything contained in any other provision of this
Act or in the Currency Ordinance, 1940 (Ord. 4 of 1940) issue Government of India notes of the
denominational value of one rupee of such design, form and material as may be adopted under subsection (3) (hereinafter in this section referred to as special one rupee notes).
(3) The design, form and material of the special bank notes shall be such as may be approved by the
Central Government after consideration of the recommendations made by the Governor and of the special
one rupee notes shall be such as the Central Government may think fit to adopt.
(4) Neither the special bank notes not the special one rupee notes shall be legal tender in India.
(5) The special one rupee note shall be deemed to be included in the expression “rupee coin” for all
the purposes of this Act except section 39, but shall be deemed not to be a currency note for any of the
purposes of this Act.
(6) Where a special bank note is on its face expressed to be payable at a specified office or branch of
the Bank, the obligation imposed by section 39 shall be only on the specified office or branch and,
further, shall be subject to such regulations as may be made under this section.
(7) The Bank may, with the previous sanction of the Central Government, make regulations to
provide for all matters for which provision is necessary or convenient for the purpose of giving effect to
the provisions of this section, and, in particular, the manner in which, and the conditions or limitations
subject to which—
1. Sub-section (3) omitted by Act 11 of 1947, s. 14 (w.e.f. 1-4-1947) which was inserted by the M.O. 1937.
2. Ins. by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956).
3. The brackets and figure “(1)” omitted by Act 11 of 1947, s. 15 (w.e.f. 1-4-1947) which was inserted by the M.O. 1937.
4. Subs. by the M.O. 1937, for “G.G. in C.”.
5. The words “of both Houses” omitted by the A.O. 1948.
6. Subs. by the A.O. 1950, for “the Central Legislature”.
7. Sub-section (2) omitted by Act 11 of 1947, s. 15 (w.e.f. 1-4-1947) which was inserted by the M.O. 1937.
8. Ins. by Act 14 of 1959, s. 2 (w.e.f. 1-5-1959).
-----
(i) bank notes and one rupee notes in circulation in any country outside India may be replaced by
special notes issued under this section;
(ii) any such special notes may be exchanged for any other bank notes or one rupee notes.]
**29. Bank exempt from stamp duty on bank notes.—The Bank shall not be liable to the payment of**
any stamp duty under the Indian Stamp Act, 1899 (2 of 1899) in respect of bank notes[1]*** issued by it.
**30. Powers of Central Government to supersede Central Board.—(1) If in the opinion of**
the [2][Central Government] the Bank fails to carry out any of the obligations imposed on it by or under this
Act [3]*** [4][the Central Government] may, by notification in the Gazette of India, declare the Central
Board to be superseded, and thereafter the general superintendence and direction of the affairs of the
Bank shall be entrusted to such agency as the [2][Central Government] may determine, and such agency
may exercise the powers and do all acts and things which may be exercised or done by the Central Board
under this Act.
(2) When action is taken under this section the [2][Central Government] shall cause a full report of the
circumstances leading to such action and of the action taken to be laid before [5][Parliament] at the earliest
possible opportunity and in any case within three months from the issue of the notification superseding
the Board.
**31. Issue of demand bills and notes.—[6][(1)] No person in [7][India] other than the Bank, or, as**
expressly authorised by this Act the [2][Central Government] shall draw, accept, make or issue any bill of
exchange, hundi, promissory note or engagement for the payment of money payable to bearer on demand,
or borrow, owe or take up any sum or sums of money on the bills, hundis or notes payable to bearer on
demand of any such person:
Provided that cheques or drafts, including hundis, payable to bearer on demand or otherwise may be
drawn on a person’s account with a banker, shroff or agent.
8[(2) Notwithstanding anything contained in the Negotiable Instruments Act, 1881, (26 of 1881) no
person in [7][India] other than the Bank or, as expressly authorised by this Act, the Central Government
shall make or issue any promissory note expressed to be payable to the bearer of the instrument.]
9[(3) Notwithstanding anything contained in this section, the Central Government may authorise any
scheduled bank to issue electoral bond.
_Explanation.—For the purposes of this sub-section, “electroal bond” means a bond issued by any_
scheduled bank under the scheme as may be notified by the Central Government.]
**32.** [Penalty].—Omitted by the Reserve Bank of India (Amendment) Act, 1974 (51 _of 1974),_ _s._
9(w.e.f. 13-12-1974).
**33. Assets of the Issue Department.—(1) The assets of the Issue Department shall consist of gold**
coin, gold bullion, [10][foreign securities], rupee coin and rupee securities to such aggregate amount as is
not less than the total of the liabilities of the Issue Department as hereinafter defined.
11[(2) The aggregate value of the gold coin, gold bullion and foreign securities held as assets and the
aggregate value of the gold coin and gold bullion so held shall not at any time be less than two hundred
crores of rupees and one hundred and fifteen crores of rupees, respectively.]
1. The words “or Burma notes” omitted by Act 11 of 1947, s. 16 (w.e.f. 1-4-1947) which was earlier inserted by the M.O. 1937.
2. Subs. by the M.O. 1937, for “G.G. in C.”.
3. The words “or by or under the law of Burma” omitted by Act 11 of 1947, s. 17 (w.e.f. 1-4-1947) which was earlier inserted by
the M.O. 1937.
4. Subs. by the M.O. 1937, for “he”.
5. Subs. by the A.O. 1950, for “the Central Legislature”.
6. Section 31 renumbered as sub-section (1) thereof by Act 23 of 1946, s. 2 (w.e.f. 10-11-1946).
7. Subs. by Act 32 of 1951, s. 2, for “the States” (w.e.f. 1-11-1951).
8. Added by Act 23 of 1946, s. 2 (w.e.f. 10-11-1946).
9. Ins. by Act 7 of 2017, s. 134 (w.e.f. 1-4-2017).
10. Subs. by Act 62 of 1948, s. 7 and the Schedule, for “sterling securities” (w.e.f. 1-1-1949).
11. Subs. by Act 48 of 1957, s. 2, for sub-section (2) (w.e.f. 31-10-1957).
-----
1[(3) The remainder of the assets shall be held in rupee coin, Government of India rupee securities of
any maturity, promissory notes drawn by the National Bank for any loans or advances under clause (4E)
of section 17 and such bills of exchange and promissory notes payable in India as are eligible for
purchase by the Bank under sub-clause (a) or sub-clause (b) or sub-clause (bb) of clause (2) of section 17
or under clause (1) of section 18.]
(4) For the purposes of this section, gold coin the gold bullion shall be valued at [2][a price not
exceeding the international market price for the time being obtaining], rupee coin shall be valued at its
face value, and securities shall be valued [3][at rates not exceeding the market rates] for the time being
obtaining.
(5) Of the gold coin and gold bullion held as assets, not less than seventeen-twentieths shall be held
in [4][India], and all gold coin and gold bullion held as assets shall be held in the custody of the Bank or its
agencies:
Provided that gold belonging to the Bank which is in any other bank or in any mint or treasury or in
transit may be reckoned as part of the assets.
5[(6) For the purposes of this section, the foreign securities which may be held as part of the assets
shall be—
(i) securities of the following kinds payable in the currency of any foreign country which is a
member of the International Monetary Fund, namely:—
(a) balances with the bank which is the principal currency authority of that foreign country
and any other balances or securities in foreign currency maintained with or issued by the
International Monetary Fund, the International Bank for Reconstruction and Development, the
International Development Association or the International Finance Corporation [6] [or Asian
Development Bank] or the Bank for International Settlements or [7][any banking or financial
institution [8][approved] by the Central Government] in this behalf provided that they are repayable
within a [9][period of ten years];
(b) bills of exchange bearing two or more good signatures and drawn on and payable at any
place in that foreign country and having a maturity not exceeding ninety days; and
(c) Government securities of that foreign country maturing [10][within ten years];
(ii) any drawing rights representing a liability of the International Monetary Fund.]
**34. Liabilities of Issue Department.—(1) The Liabilities of the Issue Department shall be an amount**
equal to the total of the amount of the currency notes of the Government of India and bank notes for the
time being in circulation.
11* - - -
12* - - -
**35. [Initial assets and liabilities].—Omitted by the Reserve Bank (Transfer to Public Ownership)**
_Act, 1948 (62 of 1948), s. 7 and the Schedule (w.e.f. 1-1-1949)._
1. Subs. by Act 61 of 1981, s. 61 and the Second Schedule, for sub-section (3) (w.e.f. 12-7-1982).
2. Subs. by Act 8 of 1991, s. 2, for “0.118489 grammes of fine gold per rupee” (w.e.f. 15-10-1990).
3. Subs. by Act 58 of 1968, s. 26, for “at the market rate” (w.e.f. 1-2-1969).
4. Subs. by Act 32 of 1951, s. 2, for “the States” (w.e.f. 1-11-1951).
5. Subs. by Act 51 of 1974, s. 10, for sub-section (6) (w.e.f. 13-12-1974).
6. Ins. by Act 24 of 1978, s. 6 (w.e.f. 21-7-1978).
7. Subs. by s. 6, ibid., for “any commercial bank notified by the Central Government” (w.e.f. 21-7-1978).
8. Subs. by Act 1 of 1984, s. 4, for “notified” (w.e.f. 15-2-1984).
9. Subs. by Act 24 of 1978, s. 6, for “period of five years” (w.e.f. 21-7-198).
10. Subs. by s. 6, ibid., for “within five years” (w.e.f. 21-7-198).
11. Sub-section (2) omitted by Act 55 of 1963, s. 2 (w.e.f. 1-2-1964).
12. Sub-section (3) omitted by s. 2, ibid. (w.e.f. 1-2-1964) which was earlier inserted by the M.O. 1937.
-----
**36. [Method of dealing with fluctuations in rupee coin assets].—Omitted by the Banking Laws**
(Miscellaneous Provisions) Act, 1963 (55 of 1963), s. 3 (w.e.f. 1-2-1964).
1 [37. Suspension of assets requirements as to foreign securities.—Notwithstanding anything
contained in the foregoing provisions, the Bank may, with the previous sanction of the Central
Government, for periods not exceeding six months in the first instance, which may, with the like sanction,
be extended from time to time by period not exceeding three months at a time, hold as assets foreign
securities of less amount in value than that required by sub-section (2) of section 33.
2* - - - *]
**38. Obligations of Government and the Bank in respect of rupee coin.—The** [3] [Central
Government] shall undertake not [4]*** to put into circulation any rupees, except through the Bank, [5]***
and the Bank shall undertake not to dispose of rupee coin otherwise than for the purposes of
circulation [6]***.
**39. Obligation to supply different forms of currency.—(1) The Bank shall issue rupee coin on**
demand in exchange for bank notes and currency notes of the Government of India and shall issue
currency notes or bank notes on demand in exchange for coin which is legal tender under the Indian
Coinage Act, 1906 (3 of 1906).
(2) The Bank shall, in exchange for currency notes or bank notes of [7][two] rupees or upwards, supply
currency notes or bank notes of lower value or other coins which are legal tender under the Indian
Coinage Act, 1906 (3 of 1906), in such quantities as may, in the opinion of the Bank, be required for
circulation; and the [3][Central Government] shall supply such coins to the Bank on demand. If
the [3][Central Government] at any time fails to supply such coins, the Bank shall be released from its
obligations to supply them to the public.
8[40. Transactions in foreign exchange.—The Bank shall sell to or buy from any authorised person
who makes a demand in that behalf at its office in Bombay, Calcutta, Delhi or Madras [9][or at such or its
branches as the Central Government may, by order determine], foreign exchange at such rates of
exchange and on such conditions as the Central Government may from time to time by general or special
order determine, having regard so far as rates of exchange are concerned to its obligations to the
International Monetary Fund:
Provided that no person shall be entitled to demand to buy or sell foreign exchange of a value less
than two lakhs of rupees.
_Explanation.—In the section “authorised person” means a person who is entitled by or under_
the [10][Foreign Exchange Regulation Act, 1973 (46 of 1973)], to buy, or as the case may be, sell, the
foreign exchange to which his demand relates.]
**41A.** [Obligation to provide remittance between India and Burma].—Omitted by the Reserve
_Bank of India (Amendment) Act, 1947 (11 of 1947), s. 22 (w.e.f. 1-4-1947). Earlier it was inserted by the_
M.O. 1937.
**42. Cash reserves of scheduled banks to be kept with the Bank.—[11][(1) Every bank included in**
the Second Schedule shall maintain with the Bank an average daily balance the amount of which shall not
1. Subs. by Act 38 of 1956, s. 4, for section 37 (w.e.f. 6-10-1956).
2. The proviso omitted by Act 48 of 1957, s. 3 (w.e.f. 31-10-1957).
3. Subs. by the M.O. 1937, for “G.G. in C”.
4. The words and figures “to re-issue any rupee coin delivered under section 36 nor” omitted by Act 55 of 1963, s. 4 (w.e.f. 1-2
1964).
5. The words “and as provided in that section” omitted by Ordinance 4 of 1940, s. 3.
6. The words “or by delivery to the Central Government under that sections” omitted by Act 55 of 1963, s. 4 (w.e.f. 1-2-1964).
7. Subs. by Act 62 of 1948, s. 7 and the Schedule, for “five” (w.e.f. 1-1-1949).
8. Subs. by Act 23 of 1947, s. 4, for sections 40 and 41 (w.e.f. 18-4-1947).
9. Ins. by Act 54 of 1953, s. 5 (w.e.f. 30-12-1953).
10. Subs. by Act 1 of 1984, s. 5, for “Foreign Exchange Regulation Act, 1947 (7 of 1947)” (w.e.f. 15-2-1984).
11. Subs. by Act 38 of 1956, s. 5, for sub-section (1) (w.e.f. (6-10-1956).
-----
be less than [1][such per cent. of the total of the demand and time liabilities in India of such bank as shown
in the return referred to in sub-section (2), as the Bank may from time to time, having regard to the needs
of securing the monetary stability in the country, notify in the Gazette of India]:
2* - - -
_Explanation.—For the purposes of this section,—_
(a) “average daily balance” shall mean the average of the balances held at the close of business of
each day [3][of a fortnight];
4[(b) “fortnight” shall mean the period from Saturday to the second following Friday, both days
inclusive;]
5[(c) “liabilities” shall not include—
(i) the paid-up capital or the reserves or any credit balance in the profit and loss account of
the bank;
(ii) the amount of any loan taken from the Bank [6]*** [7][or from the Exim Bank] [8][or from the
Reconstruction Bank] [9][or from the National Housing Bank] or from the [10][National Bank] [11][or
from the Small Industries Bank [12][or from the National Bank for Financing Infrastructure and
Development or from the other development financial institution]] [13]***;
(iii) in the case of a State co-operative bank, also any loan taken by such bank from a State
Government [14][or from the National Co-operative Development Corporation established under
the National Co-operative Development Corporation Act, 1962 (26 of 1962)] and any deposit of
money with such bank representing the reserve fund or any part thereof [15]*** maintained with it
by any co-operative society within its area of operation;]
16[(iv) in the case of a State co-operative bank, which has granted an advance against any
balance maintained with it, such balance to the extent of the amount outstanding in respect of
such advance;]
13[(v) in the case a Regional Rural Bank, also any loan taken by such bank from its Sponsor
Bank;]
15[(d) the aggregate of the “liabilities” of a Scheduled bank which is not a State co-operative
bank, to,—
(i) the State Bank;
(ii) a subsidiary bank as defined in section 2 of the State Bank of India (Subsidiary Banks)
Act, 1959 (38 of 1959);
(iii) a corresponding new bank constituted by section 3 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970);
1. Subs. by Act 26 of 2006, s. 3, for “three per cent. of the total of the demand and time liabilities in India of such bank as shown
in the return referred to in sub-section (2)” (w.e.f. 1-4-2007).
2. The proviso omitted by s. 3, ibid. (w.e.f. 1-4-2007).
3. Subs. by Act 1 of 1984, s. 6, for “of a week” (w.e.f. 29-3-1985).
4. Subs. by s. 6, ibid. for clause (b) (w.e.f. 29-3-1985).
5. Subs. by Act 23 of 1965, s. 6, for clause (c) (w.e.f. 1-3-1966).
6. The words “or from the Development Bank” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).
7. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 1-1-1982).
8. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985).
9. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988).
10. Subs. by Act 61 of 1981, s. 61 and the Second Schedule, for “Agricultural Refinance and Development Corporation”
(w.e.f. 12-7-1982).
11. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (w.e.f. 7-3-1990).
12. Ins. by Act 17 of 2021, s. 47 and the Second Schedule (w.e.f. 19-4-2021).
13. The words “or from the State Bank or from any other bank notified by the Central Government in this behalf, and” omitted by
Act 51 of 1974, s. 11 (w.e.f. 13-12-1974).
14. Ins. by Act 1 of 1984, s. 6 (w.e.f. 29-3-1985).
15. The words “required to be” omitted by Act 51 of 1974, s. 11 (w.e.f. 13-12-1974).
16. Ins. by s. 11, ibid. (w.e.f. 13-12-1974).
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1
[(iiia) a corresponding new bank constituted by section 3 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);]
(iv) a banking company as defined in clause (c) section 5 of the Banking Regulation Act,
1949 (10 of 1949);
(v) a co-operative bank; or
(vi) any other financial institution notified by the Central Government in this behalf,
shall be reduced by the aggregate of the liabilities of all such banks and institutions to the scheduled bank;
(e) the aggregate of the “liabilities” of a scheduled bank which is a State co-operative bank, to,—
(i) the State Bank;
(ii) a subsidiary bank as defined in section 2 of the State Bank of India (Subsidiary Banks)
Act, 1959 (38 of 1959);
(iii) a corresponding new bank constituted by section 3 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970);
1[(iiia) a corresponding new bank constituted by section 3 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);]
(iv) a banking company as defined in clause (c) of section 5 of the Banking Regulation Act,
1949 (10 of 1949); or
(v) any other financial institution notified by the Central Government in, this behalf,
shall be reduced by the aggregate of the liabilities of all such banks and institutions to the State cooperative bank.]
(1A) Notwithstanding anything contained in sub-section (1), the Bank may, by notification in the
Gazette of India, direct that every scheduled bank shall, with effect from such date as may be specified in
the notification, maintain with the Bank, in addition to the balance prescribed by or under sub-section (1),
an additional average daily balance the amount of which shall not be less than the [2][rate specified in the
notification, such additional balance being calculated with reference to the excess of the total of the
demand and time liabilities of the bank as shown in the return referred to in sub-section (2) over the total
of its demand and time liabilities] at the close of business on the date specified in the notification as
shown by such return so however, that the additional balance shall, in no case, be more than such excess:
3[Provided that the Bank may, by a separate notification in the Gazette of India, specify different
dates in respect of a Bank subsequently included in the Second Schedule].
4* - - -
1[1C) The Bank may, for the purposes of this section, specify from time to time with reference to any
transaction or class of transactions that such transaction or transactions shall be regarded as liability in
India of a scheduled bank, and if any question arises as to whether any transaction or class of transactions
shall be regarded, for the purposes of this section, as liability in India of a scheduled bank, the decision of
the Bank thereon shall be final.]
5[(2) Every scheduled bank shall send to the Bank a return signed by two responsible officers of such
bank showing—
(a) the amount of its demand and time liabilities and the amount of its borrowings from banks in
India, [6][classifying them into demand and time liabilities],
1. Ins. by Act 1 of 1984, s. 6 (w.e.f. 29-3-1985).
2. Subs. by Act 35 of 1962, s. 3, for certain words (w.e.f. 15-9-1962).
3. Added by Act 1 of 1984, s. 6 (w.e.f. 29-3-1985).
4. Sub-sections (1AA) and (1B) omitted by Act 26 of 2006, s. 3 (w.e.f. 1-4-2007).
5. Subs. by Act 32 of 1951, s. 16, for sub-section (2) (w.e.f. 1-11-1951).
6. Subs. by Act 51 of 1974, s. 11, for “other than the State Bank and any other bank notified by the Central Government in this
behalf” (w.e.f. 13-12-1974).
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1* - - -
(b) the total amount of legal tender notes and coins held by it in India,
(c) the balance held by it at the Bank in India,
(d) the balances held by it at other banks in current account and the money at call and short notice
in India,
(e) the investments (at book value) in Central and State Government securities including treasury
bills and treasury deposit receipts,
(f) the amount of advances in India,
(g) the inland bills purchased and discounted in India [2] [and foreign bills purchased and
discounted].
3[at the close of business on each alternate Friday, and every such return shall be sent not later than seven
days after the date to which it relates]:
4[Provided that the Bank may, by notification in the Gazette of India, delete or modify or add to any
of the particulars specified in the foregoing clauses:
Provided further that] where [5] [such alternate] Friday is a public holiday under the Negotiable
Instruments Act, 1881 (26 of 1881), for one or more offices of a scheduled bank the return shall give the
preceding working day’s figures in respect of such office or offices, but shall nevertheless be deemed to
relate to that Friday:
6[Provided also that where the Bank is satisfied that the furnishing of a fortnightly return under this
sub-section is impracticable in the case of any scheduled bank by reason of the geographical position of
the bank and its branches, the Bank may allow such bank—
(i) to furnish a provisional return for the fortnight within the period aforesaid to be followed by a
final return not later than twenty days after the date to which it relates, or
(ii) to furnish in lieu of a fortnightly return a monthly return to be sent not later than twenty days
after the end of the month to which it relates giving the details specified in this sub-section in respect
of such bank at the close of business for the month.]]
5[(2A) Where the last Friday of a month is not an alternate Friday for the purpose of sub-section(2),
every scheduled bank shall send to the Bank, a special return giving the details specified in sub-section
(2) as at the close of business on such last Friday or where such last Friday is a public holiday under the
Negotiable Instruments Act, 1881 (26 of 1881), as at the close of business on the preceding working day
and such return shall be sent not later than seven days after the date to which it relates.]
7[(3) If the average daily balance held at the Bank by a scheduled bank during any 8[fortnight] is
below the minimum prescribed by or under sub-section (1) or sub-section (1A), such scheduled bank shall
be liable to pay to the Bank in respect of that [8][fortnight] penal interest at a rate of three per cent. above
the bank rate on the amount by which such balance with the Bank falls short of the prescribed minimum,
and if during the next succeeding [8][fortnight], such average daily balance is still below the prescribed
minimum, the rates of penal interest shall be increased to a rate of five per cent, above the bank rate in
respect of that [8][fortnight] and each subsequent[ 8][fortnight] during which the default continues on the
amount by which such balance at the Bank falls short of the prescribed minimum.]
1. Clause (aa) omitted by Act 51 of 1974, s. 11 (w.e.f. 13-12-1974). Earlier inserted by Act 54 of 1953, s. 6 (w.e.f. 30-12-1953).
2. Ins. by Act 54 of 1953, s. 6 (w.e.f. 30-12-1953).
3. Subs. by Act 1 of 1984, s. 6, for “at the close of business on each Friday, and every such return shall be sent not later than five
days after the date to which it relates” (w.e.f. 29-3-1985).
4. Subs. by Act 51 of 1974, s. 11, for “Provided that” (w.e.f. 13-12-1974).
5. Ins. by Act 1 of 1984, s. 6 (w.e.f. 29-3-1985).
6. Subs. by s. 6, ibid., for the third proviso (w.e.f. 29-3-1985).
7. Subs. by Act 38 of 1956, s. 5, for sub-section (3) (w.e.f. 6-10-1956).
8. Subs. by Act 1 of 1984, s. 6, for “week” (w.e.f. 29-3-1985).
-----
1[(3A) When under the provisions of sub-section (3) penal interest at the increased rate of five per
cent, above the bank rate has become payable by a scheduled bank, [2][if thereafter the average daily
balance held at the Bank during the next succeeding [3][fortnight] is still below the prescribed minimum,—
(a) every director, manager or secretary of the scheduled bank, who is knowingly and wilfully a
party to the default, shall be punishable with fine which may extend to five hundred rupees and with a
further fine which may extend to five hundred rupees for each subsequent [3][fortnight] during which
the default continues, and
(b) the Bank may prohibit the scheduled bank from receiving after the said [3][fortnight] any fresh
deposit,]
and, if default is made by the scheduled bank in complying with the prohibition referred to in clause (b),
every director and officer of the scheduled bank who is knowingly and wilfully a party to such default or
who through negligence or otherwise contributes to such default shall in respect of each such default be
punishable with fine which may extend to five hundred rupees and with a further fine which may extend
to five hundred rupees for each day after the first on which a deposit received in contravention of such
prohibition is retained by the scheduled bank.
_Explanation.—In this sub-section “officer” includes a [4]*** manager, secretary, branch manager, and_
branch secretary.]
(4) Any scheduled bank failing to comply with the provisions of sub-section (2) [5][shall be liable to
pay to the Bank] a penalty of one hundred rupees for each day during which the failure continues.
6[(5) (a) The penalties imposed by sub-sections (3) and (4) shall be payable within a period of
fourteen days from the date on which a notice issued by the Bank demanding the payment of the same is
served on the scheduled bank, and in the event of failure of the scheduled bank to pay the same within
such period, may be levied by a direction of the principal civil court having jurisdiction in the area where
an office of the defaulting bank is situated, such direction to be mode only upon an application made in
this behalf to the court by the Bank;
(b) when the court makes a direction under clause (a), it shall issue a certificate specifying the sum
payable by the scheduled bank and every such certificate shall be enforceable in the same manner as if it
were a decree made by the court in a suit;
(c) notwithstanding anything contained in this section, if the Bank is satisfied that the defaulting bank
and sufficient cause for its failure to comply with the provisions of sub-section (1), (1A) or (2), it may not
demand the payment of the penal interest of the penalty, as the case may be.]
7[(6) The Bank shall, save as hereinafter provided, by notification in the Gazette of India,—
(a) direct the inclusion in the Second Schedule of any bank not already so included which carries
on the business of banking [8][in India] and which—
(i) has a paid-up capital and reserve of an aggregate value of not less than five lakhs or
rupees, and
(ii) satisfies and Bank that its affairs are not being conducted in a manner detrimental to the
interests of its depositors, and
1. Ins. by Act 38 of 1940, s. 2 (w.e.f. 27-22-1940).
2. Subs. by Act 38 of 1956, s. 5, for certain words (w.e.f. 6-10-1956).
3. Subs. by Act 1 of 1984, s. 6, for “week” (w.e.f. 29-3-1985).
4. The words “managing agent” omitted by Act 32 of 1951, s. 16 (w.e.f. 1-11-1951).
5. Subs. by s. 16, _ibid., for “shall be liable to pay to the Central Government or to the Bank, as the case may be, or to each,”_
(w.e.f. 1-11-1951).
6. Subs. by Act 35 of 1962, s. 4, for sub-section (5) (w.e.f. 15-9-1962).
7. Subs. by Act 10 of 1949, s. 55 and the First Schedule, for sub-section (6) (w.e.f. 16-3-1949).
8. Subs. by Act 32 of 1951, s. 16, for “in any State of India” (w.e.f. 1-11-1951).
-----
(iii) [1][is a State co-operative bank or a company] as defined [2][section 3of the Companies Act,
1956 (1 of 1956), or an institution notified by the Central Government in this behalf] or a
corporation or a company incorporated by or under any law in force in any place [3][outside India];
(b) direct the exclusion from that Schedule of any scheduled bank,—
(i) the aggregate value of whose paid-up capital and reserves becomes at any time less than
five lakhs of rupees, or
(ii) which is, in the opinion of the Bank after making an inspection under section 35 of the
4[Banking Regulation Act, 1949 (10 of 1949)], conducting its affairs to the detriment of the
interests of its depositors, or
(iii) which goes into liquidation or otherwise ceases to carry on banking business:
Provided that the Bank may, on application of the scheduled bank concerned and subject to
such conditions, if any, as it may impose, defer the making of a direction under sub-clause (i) or
sub-clause (ii) of clause (b) for such period as the Bank consider reasonable to give the scheduled
bank an opportunity of increasing the aggregate value of its paid-up capital and reserves to not
less than five lakhs of rupees or, as the case may be, of removing the defects in the conduct of its
affairs;
(c) alter the description in that Schedule whenever any scheduled bank changes its name.
_Explanation.—In this sub-section the expression “value” means the real or exchangeable value and_
not the nominal value which may be shown in the books of the bank concerned; and if any dispute arises
in computing the aggregate value of the paid-up capital and reserves of a bank, a determination thereof by
the Bank shall be final for the purposes of this sub-section.]
5[(6A) In considering whether a State co-operative bank or a regional rural bank should be included in
or excluded from the Second Schedule, it shall be competent for the Bank to act on a certificate from the
National Bank on the question whether or not a State co-operative bank or a regional rural bank, as the
case may be, satisfies the requirements as to paid-up capital and reserves or whether its affairs are not
being conducted in a manner detrimental to the interests of its depositors.]
6[(7) The Bank may, for such period and subject to such conditions as may be specified, grant to any
scheduled bank such exemptions from the provisions of this section as it thinks fit with reference to all or
any of its offices or with reference to the whole or any part of its assets and liabilities.]
7[43. Publication of consolidated statement by the Bank.—The Bank shall cause to be published
each [8][fortnight] a consolidated statement showing the aggregate liabilities and assets of all the scheduled
banks together, based on the returns and information received under this Act or any other law for the time
being in force.]
9[43A. Protection of action taken in good faith.—(1) No suit or other legal proceeding shall lie
against the Bank or any of its officers for anything which is in good faith done or intended to be done in
pursuance of section 42 or section 43 [10][or in pursuance of the provisions of Chapter IIIA].
(2) No suit or other legal proceeding shall lie against the Bank or any of its officers for any damage
caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance
of section 42 or section 43 [10][or in pursuance of the provisions of Chapter IIIA].]
1. Subs. by Act 23 of 1965, s. 6, for “is a company” (w.e.f. 1-3-1966).
2. Subs. by Act 19 of 1957, s. 4, for “clause (2) of section 2 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 8-6-1957).
3. Subs. by Act 32 of 1951, s. 16, for “outside the States of India” (w.e.f. 1-11-1951).
4. Subs. by Act 51 of 1974, s. 3, for “Banking Companies Act, 1949” (w.e.f. 13-12-1974).
5. Ins. by Act 61 of 1981, s. 61 and the Second Schedule (w.e.f. 12-7-1982).
6. Ins. by Act 32 of 1951, s. 16 (w.e.f. 1-11-1951).
7. Subs. by Act 51 of 1974, s. 12, for section 43 (w.e.f. 13-12-1974).
8. Subs. by Act 1 of 1984, s. 6, for “week” (w.e.f. 29-3-1985).
9. Ins. by Act 54 of 1953, s. 7 (w.e.f. 30-12-1953).
10. Ins. by Act 35 of 1962, s. 5 (w.e.f. 15-9-1962).
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**44. [Power to require returns from co-operative banks].—[Omitted by the Banking Laws**
(Application to Co-operative Societies) Act, 1965 (23 of 1965), s. 7 (w.e.f. 1-3-1966).]
1[45. Appointment of agents.—(1) Unless otherwise directed by the Central Government with
reference to any place, the Bank may, having regard to public interest, convenience of banking, banking
development and such other factors which in its opinion are relevant in this regard, appoint the National
Bank, or the State Bank, or a corresponding new bank constituted under section 3 of the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), or a corresponding new
bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1980 (40 of 1980), or any subsidiary bank as defined in the State Bank of India (Subsidiary Banks)
Act, 1959 (38 of 1959), as its agent at all places, or at any place in India for such purposes as the Bank
may specify.
(2) When any bank is appointed by the Bank as its agent under sub-section (1) to receive on behalf of
the Bank any payment required to be made into the Bank, or any bill, hundies or other securities required
to be delivered into the Bank, under any law or rule, regulations or other instructions having the force of
law, the same may be paid or delivered into the bank so appointed as the agent of the Bank.]
2[CHAPTER IIIA
COLLECTION AND FURNISHING OF CREDIT INFORMATION
**45A. Definitions.—In this Chapter, unless the context otherwise requires,—**
(a) “banking company” means a banking company as defined in section 5 of the [3][Banking
Regulation Act, 1949 (10 of 1949)] and includes the State Bank of India, [4][any subsidiary bank as
defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), any corresponding new
bank constituted by section 3 of the Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1970 (5 of 1970), and any other financial institution notified by the Central Government in this
behalf];
(b) “borrower” means any person to whom any credit limit has been sanctioned by any banking
company, whether availed of or not, and includes—
(i) in the case of a company or corporation, its subsidiaries;
(ii) in the case of a Hindu undivided family, any member thereof or any firm in which such
member is a partner;
(iii) in the case of a firm, any partner thereof or any other firm in which such partner is a
partner; and
(iv) in the case of an individual, any firm in which such individual is a partner;
(c) “credit information” means any information relating to—
(i) the amounts and the nature of loans or advances and other credit facilities granted by a
banking company to any borrower or class of borrowers;
(ii) the nature of security taken from any borrower [5][or class of borrowers] for credit facilities
6[granted to him or to such class;]
(iii) the guarantee furnished by a banking company for any of its customers [5][or any class of
its customers];
1. Subs. by Act 61 of 1981, s. 61 and the Second Schedule, for section 45 (w.e.f. 12-7-1982).
2. Ins. by Act 35 of 1962, s. 6 (w.e.f. 1-9-1962).
3. Subs. by Act 51 of 1974, s. 3, for “Banking Companies Act, 1949” (w.e.f. 13-12-1974).
4. Subs. by s. 13, ibid., for “or any other banking or financial institution notified by the Central Government in this behalf” (w.e.f.
13-12-1974).
5. Ins. by s. 13, ibid., (w.e.f. 13-12-1974).
6. Subs. by s. 13, ibid., for “granted to him; and” (w.e.f. 13-12-1974).
-----
1[(iv) the means, antecedents, history of financial transactions and the creditworthiness of any
borrower or class of borrowers;
(v) any other information which the Bank may consider to be relevant for the more orderly
regulation of credit or credit policy.]
**45B. Power of Bank to collect credit information.—The Bank may—**
(a) collect, in such manner as it may think fit, credit information from banking companies; and
(b) furnish such information to any banking company in accordance with the provisions of
section 45D.
**45C. Power to call for returns containing credit information.—(1) For the purpose of enabling the**
Bank to discharge its functions under this Chapter, it may at any time direct any banking company to
submit to it such statements relating to such credit information and in such form and within such time as
may be specified by the Bank from time to time.
(2) A banking company shall, notwithstanding anything to the contrary contained in any law for the
time being in force on in any instrument regulating the constitution thereof or in any agreement executed
by it, relating to the secrecy of its dealings with its constituents, be bound to comply with any direction
issued under sub-section (1).
**45D. Procedure for furnishing credit information to banking companies.—(1) A banking**
company may, in connection with any financial arrangement entered into or proposed to be entered into
by it, with any person, make an application to the Bank in such form as the Bank may specify requesting
it to furnish the applicant with such credit information as may be specified in the application.
(2) On receipt of an application under sub-section (1), the Bank shall, as soon as may be, furnish the
applicant with such credit information relating to the matters specified in the application, as may be in its
possession:
Provided that the information so furnished shall not disclose the names of the banking companies
which have submitted such information to the Bank.
(3) The Bank may in respect of each application levy such fees, not exceeding twenty-five rupees, as
it may deem fit for furnishing credit information.
**45E. Disclosure of information prohibited.—(1) Any credit information contained in any statement**
submitted by a banking company under section 45C or furnished by the Bank to any banking company
under section 45D, shall be treated as confidential and shall not, except for the purposes of this Chapter,
be published or otherwise disclosed.
(2) Nothing in this section shall apply to—
(a) the disclosure by any banking company, with the previous permission of the Bank, of any
information furnished to the Bank under section 45C;
(b) the publication by the Bank, if it considers necessary in the public interest so to do, of any
information collected by it under section 45C, in such consolidated form as it may think fit without
disclosing the name of any banking company or its borrowers;
2 [(c) the disclosure or publication by the banking company or by the Bank of any credit
information to any other banking company or in accordance with the practice and usage customary
among bankers or as permitted or required under any other law;
3
[(d) the disclosures of any credit information under the Credit Information Companies
(Regulation) Act, 2005 (30 of 2005):]
1. Ins. by Act 51 of 1974, s. 13 (w.e.f. 13-12-1974).
2. Ins. by s. 14, ibid. (w.e.f. 13-12-1974).
3. Ins. by Act 30 of 2005, s. 34 and the Schedule (w.e.f. 14-12-2006).
-----
Provided that any credit information received by a banking company under this clause shall not
be published except in accordance with the practice and usage customary among bankers or as
permitted or required under any other law.]
(3) Notwithstanding anything contained in any law for the time being in force, no court, tribunal or
other authority shall compel the Bank or any banking company to produce or to give inspection of any
statement submitted by that banking company under section 45C or to disclose any credit information
furnished by the Bank to that banking company under section 45 D.
**45F. Certain claims for compensation barred.—No person shall have any right, whether in**
contract or otherwise, to any compensation for any loss incurred by reason of the operation of any of the
provisions of this Chapter.
**45G. [Penalties].—Omitted by the Reserve Bank of India (Amendment) Act, 1974 (51 of l974), s. 15**
(w.e.f. 13-12-1974).]
1[CHAPTER IIIB
PROVISIONS RELATING TO NON-BANKING INSTITUTIONS RECEIVING DEPOSITS AND
FINANCIALINSTITUTIONS
**45H. Chapter IIIB not to apply in certain cases.—The provisions of this Chapter shall not apply to**
the State Bank or a banking company as defined in section 5 of the [2][Banking Regulation Act, 1949 (10 of
1949)] or [3][a corresponding new bank as defined in clause (da) of section 5 of that Act or a subsidiary
bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959)] or [4][a Regional
Rural Bank or a co-operative bank] or a primary agricultural credit society or a primary credit society]:
Provided that for the purposes of this Chapter, the [5] [Tamil Nadu Industrial Investment
Corporation Limited] shall not be deemed to be a banking company.
**45-I. Definitions.—In this Chapter, unless the context otherwise requires,—**
6[(a) “business of a non-banking financial institution” means carrying on the business of a
financial institution referred to in clause (c) and includes business of a non-banking financial
company referred to in clause (f);]
7[(aa)] “company” means a company as defined in section 3 of the Companies Act, 1956 (1 of
1956), and includes a foreign company within the meaning of section 591 of that Act;
(b) “corporation” means a corporation incorporated by an Act of any legislature;
8[(bb) “deposit” includes and shall be deemed always to have include any receipt of money by
way of deposit or loan or in any other form, but does not include,—
(i) amounts raised by way of share capital;
(ii) amounts contributed as capital by partners of a firm;
(iii) amounts received from a scheduled bank or a co-operative bank or any other banking
company as defined in clause (c) of section 5 of a Banking Regulation Act, 1949 (10 of 1949);
(iv) any amount received from,—
9* - - -
(b) a State Financial Corporation,
1. Ins. by Act 55 of 1963, s. 5 (w.e.f. 1-2-1964).
2. Subs. by Act 51 of 1974, s. 3, for “Banking Companies Act, 1949” (w.e.f. 13-12-1974).
3. Subs. by Act 1 of 1984, s. 8, for “a banking institution notified under section 51 of that Act” (w.e.f. 15-2-1984).
4. Subs. by Act 21 of 1976, s. 33, for “a co-operative bank” (w.e.f. 26-9-1975).
5. Subs. by Act 51 of 1974, s. 16, for “Madras Industrial Investment Corporation Limited” (w.e.f. 13-12-1974).
6. Ins. by Act 23 of 1997, s. 2 (w.e.f. 9-1-1997).
7. Clause (a) renumbered as clause (aa) thereof by s. 2, ibid. (w.e.f. 9-1-1997).
8. Subs. by Act 1 of 1984, s. 9, for clause (bb) (w.e.f. 15-2-1984).
9. Item (a) omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).
-----
(c) any financial institution specified in or under section 6A of the Industrial
Development Bank of India Act, 1964 (18 of 1964), or
(d) any other institution that may be specified by the Bank in this behalf;
(v) amounts received in the ordinary course of business, by way of—
(a) security deposit,
(b) dealership deposit,
(c) earnest money, or
(d) advance against orders for goods, properties or services;
(vi) any amount received from an individual or a firm or an association of individuals not
being a body corporate, registered under any enactment relating to money lending which is for
the time being in force in any State; and
(vii) any amount received by way of subscriptions in respect of a chit.
_Explanation I.—“Chit” has the meaning assigned to it in clause (b) of section 2 of the Chit Funds Act,_
1982 (40 of 1982).
_Explanation II.—Any credit given by a seller to a buyer on the sale of any property (whether movable_
or immovable) shall not be deemed to be deposit for the purposes of this clause;]
1
[Explanation III. — The amounts accepted by a co-operative society from the members or
shareholders, by whatever name called, but excluding the amounts received as share capital, shall be
deemed to be deposits for the purposes of this clause, if such members or shareholders are nominal or
associate members, by whatever name called, who do not have full voting rights in the meetings of such
co-operative society.]
2[(c) “financial institution” means any non-banking institution which carries on as its business or
part of its business any of the following activities, namely:—
(i) the financing, whether by way of making loans or advances or otherwise, of any activity
other than its own;
(ii) the acquisition of shares, stock, bonds, debentures or securities issued by a Government
or local authority or other marketable securities of a like nature;
(iii) letting or delivering of any goods to a hirer under a hire-purchase agreement as defined
in clause (c) of section 2 of the Hire-Purchase Act, 1972 (26 of 1972);
(iv) the carrying on of any class of insurance business;
(v) managing, conducting or supervising, as foreman, agent or in any other capacity, of chits
or kuries as defined in any law which is for the time being in force in any State, or any business,
which is similar thereto;
(vi) collecting, for any purpose or under any scheme or arrangement by whatever name
called, monies in lump sum or otherwise, by way of subscriptions or by sale of units, or other
instruments or in any other manner and awarding prizes or gifts, whether in cash or king, or
disbursing monies in any other way, to persons from whom monies are collected or to any other
person,
3[but does not include any institution, which carries on as its principal business,—
(a) agricultural operations; or
(aa) industrial activity; or]
1. Ins. by Act 21 of 2019, s. 42 the second schedule (w.e.f. 21-2-2019).
2. Subs. by Act 51 of 1974, s. 17, for clause (c) (w.e.f. 13-12-1974).
3. Subs. by Act 23 of 1997, s. 2, for certain words (w.e.f. 9-1-1997).
-----
(b) the purchase, or sale of any goods (other than securities) or the providing of any services; or
(c) the purchase, construction or sale of immovable property, so, however, that no portion of the
income of the institution is derived from the financing of purchases, constructions or sales of immovable
property by other persons;]
1[Explanation.—For the purposes of this clause, “industrial activity” means any activity specified
in sub-clauses (i) to (xviii) of clause (c) of section 2 of the Industrial Development Bank of India Act,
1964 (18 of 1964);]
(d) “firm” means a firm as defined in the Indian Partnership Act, 1932 (9 of 1932) [2]***;
(e) “non-banking institution” means a company, corporation [3][or co-operative society];
1[(f) “non-banking financial company” means—
(i) a financial institution which is a company;
(ii) a non-banking institution which is a company and which has as its principal business the
receiving of deposits, under any scheme or arrangement or in any other manner, or lending in any
manner;
(iii) such other non-banking institution or class of such institutions, as the Bank may, with the
previous approval of the Central Government and by notification in the Official Gazette, specify.]
4
[45-IA. Requirement of registration and net owned fund.—(1) Notwithstanding anything
contained in this Chapter or in any other law for the time being in force, no non-banking financial
company shall commence or carry on the business of a non-banking financial institution without—
(a) obtaining a certificate of registration issued under this Chapter; and
5[(b) having the net owned fund of twenty-five lakh rupees or such other amount, not exceeding
hundred crore rupees, as the Bank may, by notification in the Official Gazette, specify:
Provided that the Bank may notify different amounts of net owned fund for different categories of
non-banking financial companies.]
(2) Every non-banking financial company shall make an application for registration to the Bank in
such form as the Bank may specify:
Provided that a non-banking financial company in existence on the commencement of the Reserve
Bank of India (Amendment) Act, 1997 (23 of 1997) shall make an application for registration to the Bank
before the expiry of six months from such commencement and notwithstanding anything contained in
sub-section (1) may continue to carry on the business of a non-banking financial institution until a
certificate of registration is issued to it or rejection of application for registration is communicated to it.
(3) Notwithstanding anything contained in sub-section (1), a non-banking financial company in
existence on the commencement of the Reserve Bank of India (Amendment) Act, 1997 (23 of 1997) and
having a net owned fund of less than twenty-five lakh rupees may, for the purpose of enabling such
company to fulfil the requirement of the net owned fund, continue to carry on the business of a nonbanking financial institution—
(i) for a period of there years from such commencement; or
(ii) for such further period as the Bank may, after recording the reasons in writing for so doing,
extend,
subject to the condition that such company shall, within three months of fulfilling the requirement of the
net owned fund, inform the Bank about such fulfillment:
1. Ins. by Act 23 of 1997, s. 2 (w.e.f. 9-1-1997).
2. The words “, of which the capital subscribed by its partners exceeds one lakh of rupees” omitted by Act 1 of 1984, s. 9
(w.e.f. 15-2-1984).
3. Subs. by s. 9, ibid., for “, co-operative society or firm” (w.e.f. 15-2-1984).
4. Ins. by Act 23 of 1997, s. 3 (w.e.f. 9-1-1997).
5. Subs. by Act 23 of 2019, s. 137, for clause (b) (w.e.f. 9-8-2019)
-----
Provided that the period allowed to continue business under this sub-section shall in no case exceed
six years in the aggregate.
(4) The Bank, for the purpose of considering the application for registration, may require to be
satisfied by an inspection of the books of the non-banking financial company or otherwise that the
following conditions are fulfilled:—
(a) that the non-banking financial company is or shall be in a position to pay its present or future
depositors in full as and when their claims accrue;
(b) that the affairs of the non-banking financial company are not being or are not likely to be
conducted in a manner detrimental to the interest of its present or future depositors;
(c) that the general character of the management or the proposed management of the non-banking
financial company shall not be prejudicial to the public interest or the interests of its depositors;
(d) that the non-banking financial company has adequate capital structure and earning prospects;
(e) that the public interest shall be served by the grant of certificate of registration to the non
banking financial company to commence or to carry on the business of India;
(f) that the grant of certificate of registration shall not be prejudicial to the operation and
consolidation of the financial sector consistent with monetary stability, and economic growth
considering such other relevant factors which the Bank may, by notification in the Official Gazette,
specify; and
(g) any other condition, fulfilment of which in the opinion of the Bank, shall be necessary to
ensure that the commencement of or carrying on of the business in India by a non-banking financial
company shall not be prejudicial to the public interest or in the interests of the depositors.
(5) The Bank may, after being satisfied that the conditions specified in subsection (4) are fulfilled,
grant a certificate of registration subject to such conditions which it may consider fit to impose.
(6) The Bank cancel a certificate of registration granted to a non-banking financial company under
this section if such company—
(i) ceases to carry on the business of a non-banking financial institution in India; or
(ii) has failed to comply with any condition subject to which the certificate of registration had
been issued to it; or
(iii) at any time fails to fulfil any of the conditions referred to in clauses (d) to (g) of sub-section
(4); or
(iv) fails—
(a) to comply with any direction issued by the Bank under the provisions of this Chapter; or
(b) to maintain accounts in accordance with the requirements of any law or any direction or
order issued by the Bank under the provisions of this Chapter; or
(c) to submit or offer for inspection its books of account and other relevant documents when
so demanded by an inspecting authority of the Bank; or
(v) has been prohibited from accepting deposit by an order made by the Bank under the
provisions of this Chapter and such order has been in force for a period of not less than three months:
Provided that before cancelling a certificate of registration on the ground that the non-banking
financial company has failed to company with the provisions of clause (ii) or has failed to fulfil any
of the conditions referred to in clause (iii) the Bank, unless it is of the opinion that the delay in
cancelling the certificate of registration shall be prejudicial to public interest or the interest of the
depositors or the non-banking financial company, shall give an opportunity to such company on such
term as the Bank may specify for taking necessary steps to comply with such provision or fulfilment
of such condition:
Provided further that before making any order of cancellation of certificate of registration, such
company shall be given a reasonable opportunity of being heard.
-----
(7) A company aggrieved by the order of rejection of application for registration or cancellation of
certificate of registration may prefer an Appeal, within a period of thirty days from the date on which
such order of rejection or cancellation is communicated to it, to the Central Government and the decision
of the Central Government where an appeal has been preferred to it, or of the Bank where no appeal has
been preferred, shall be final:
Provided that before making any order of rejection of appeal, such company shall be given a
reasonable opportunity of being heard.
_Explanations.—For the purposes of this section,—_
(I) “net owned fund” means—
(a) the aggregate of the paid-up equity capital and free reserves as disclosed in the latest
balance-sheet of the company after deducting there from—
(i) accumulated balance of loss;
(ii) deferred revenue expenditure; and
(iii) other intangible assets; and
(b) further reduced by the amounts representing—
(1) investments of such company in shares of—
(i) its subsidiaries;
(ii) companies in the same group;
(iii) all other non-banking financial companies; and
(2) the book value of debentures, bonds, outstanding loans and advances (including hire
purchase and lease finance) made to, and deposits with,—
(i) subsidiaries of such company; and
(ii) companies in the same group,
to the extent such book value exceeds ten per cent. of (a) above.
(II) “subsidiaries” and “companies in the same group” shall have the same meanings assigned to
them in the Companies Act, 1956, (1 of 1956).]
**45-IB. Maintenance of percentage of assets.—(1) Every non-banking financial company shall**
invest and continue to invest in India in unencumbered approved securities, valued at a price not
exceeding the current market price of such securities, an amount which, at the close of business on any
day, shall not be less than five per cent. or such higher percentage not exceeding twenty-five per cent. as
the Bank may, from time to time and by notification in the Official Gazette, specify, of the deposits
outstanding at the close of business on the last working day of the second preceding quarter:
Provided that the Bank may specify different percentages of investment in respect of different classes
of non-banking financial companies.
(2) For the purpose of ensuring compliance with the provisions of this section, the Bank may require
every non-banking financial company to furnish a return to it in such form, in such manner and for such
period as may be specified by the Bank.
(3) If the amount invested by a non-banking financial company at the close of business on any day
falls below the rate specified under sub-section (1), such company shall be liable to pay to the Bank, in
respect of such shortfall, a penal interest at a rate of three per cent.per annum above the bank rate on such
amount by which the amount actually invested falls short of the specified percentage, and where the
shortfall continues in the subsequent quarters, the rate of penal interest shall be five per cent.per annum
above the bank rate on such shortfall for each subsequent quarter.
-----
(4) (a) The penal interest payable under sub-section (3) shall be payable within a period of fourteen
days from the date on which a notice issued by the Bank demanding payment of the same is served on the
non-banking financial company and, in the event of a failure of the non-banking financial company to pay
the same within such period, penalty may be levied by a direction of the principal civil court having
jurisdiction in the area where an office of the defaulting non-banking financial company is situated and
such direction shall be made only upon an application made in this behalf to the court by the Bank; and
(b) when the court makes a direction under clause (a), it shall issue a certificate specifying the sum
payable by the non-banking financial company and every such certificate shall be enforceable in the same
manner as if it were a decree made by the court in a suit.
(5) Notwithstanding anything contained in this section, if the Bank is satisfied that the defaulting non
banking financial company had sufficient cause for its failure to comply with the provisions of subsection (1), it may not demand the payment of the penal interest.
_Explanation.—For the purpose of this section,—_
(i) “approved securities” means securities of any State Government or of the Central Government
and such bonds, both the principal whereof and the interest whereon shall have been fully and
unconditionally guaranteed by any such Government;
(ii) “unencumbered approved securities” includes the approved securities lodged by the non
banking financial company with another institution for an advance or any other arrangement to the
extent to which such securities have not been drawn against or availed of or encumbered in any
manner;
(iii) “quarter” means the period of three months ending on the last day of March, June, September
or December.
**45-IC. Reserve fund.—(1) Every non-banking financial company shall create a reserve fund the**
transfer therein a sum not less than twenty per cent.of its net profit every year as disclosed in the profit
and loss account and before any dividend is declared.
(2) No appropriation of any sum from the reserve fund shall be made by the non-banking financial
company except for the purpose as may be specified by the Bank from time to time and every such
appropriation shall be reported to the Bank within twenty-one days from the date of such withdrawal:
Provided that the Bank may, in any particular case and for sufficient cause being shown, extend the
period of twenty-one days by such further period as it thinks fit or condone any delay in making such
report.
(3) Notwithstanding anything contained in sub-section (1), the Central Government may, on the
recommendation of the Bank and having regard to the adequacy of the paid-up capital and reserves of a
non-banking financial company in relation to its deposit liabilities, declare by order in writing that the
provisions of sub-section (1) shall not be applicable to the non-banking financial company for such period
as may be specified in the order:
Provided that no such order shall be made unless the amount in the reserve fund under sub-section (1)
together with the amount in the share premium account is not less than the paid-up capital of the nonbanking financial company.]
1[45-ID. Power of Bank to remove directors from office.—(1) Where the Bank is satisfied that in
the public interest or to prevent the affairs of a non-banking financial company being conducted in a
manner detrimental to the interest of the depositors or creditors, or financial stability or for securing the
proper management of such company, it is necessary so to do, the Bank may, by order and for reasons to
be recorded in writing, remove from office, a director (by whatever name called) of such company, other
than Government owned non-banking financial company with effect from such date as may be specified
in the said order.
(2) No order under sub-section (1) shall be made unless the director concerned has been given a
reasonable opportunity of making a representation to the Bank against the proposed order:
1. Ins. by 23 of 2019, s. 138 (w.e.f. 9-8-2019).
-----
Provided that if, in the opinion of the Bank, any delay will be detrimental to the interest of the said
company or its depositors, the Bank may, at the time of giving the aforesaid opportunity or at any time
thereafter, by order direct that, pending the consideration of the representation, if any, the director, shall
not, with effect from the date of such order
(a) act as such director of that company;
(b) in any way, whether directly or indirectly, be concerned with or take part in the management of
that company.
(3) Where any order is made in respect of a director of a company under sub-section (1), he shall cease
to be a director of that non-banking financial company and shall not, in any way, whether directly or
indirectly, be concerned with, or take part in the management of any non-banking financial company for
such period not exceeding five years at a time as may be specified in the order.
(4) Where an order under sub-section (1) has been made, the Bank may, by order in writing, appoint a
suitable person in place of the director, who has been so removed from his office, with effect from such
date as may be specified in such order.
(5) Any person appointed under sub-section (4) shall, —
(a) hold office during the pleasure of the Bank and subject thereto for a period not exceeding three
years or such further periods not exceeding three years at a time;
(b) not incur any obligation or liability by reason only of his being a director for anything done or
omitted to be done in good faith in the execution of the duties of his office or in relation thereto.
(6) Notwithstanding anything contained in any other law for the time being in force or in any contract,
memorandum or articles of association, on the removal of a director from office under this section, such
director shall not be entitled to claim any compensation for the loss or termination from office.
**45-IE. Supersession of Board of directors of non-banking financial company (other than**
**Government Company).—(1) Where the Bank is satisfied that in the public interest or to prevent the**
affairs of a non-banking financial company being conducted in a manner detrimental to the interest of the
depositors or creditors, or of the non-banking financial company (other than Government Company), or
for securing the proper management of such company or for financial stability, it is necessary so to do,
the Bank may, for reasons to be recorded in writing, by order, supersede the Board of Directors of such
company for a period not exceeding five years as may be specified in the order, which may be extended
from time to time, so, however, that the total period shall not exceed five years.
(2) The Bank may, on supersession of the Board of Directors of the non-banking financial company
under sub-section (1), appoint a suitable person as the Administrator for such period as it may determine.
(3) The Bank may issue such directions to the Administrator as it may deem appropriate and the
Administrator shall be bound to follow such directions.
(4) Upon making the order of supersession of the Board of Directors of a non-banking financial
company, —
(a) the chairman, managing director and other directors shall from the date of super session of the
Board of Directors vacate their offices;
(b) all the powers, functions and duties, which may, by or under the provisions of this Act or any
other law for the time being in force, be exercised and discharged by or on behalf of the Board of
Directors of such non-banking financial company or by a resolution passed in general meeting of such
-----
non-banking financial company, shall, until the Board of Directors of such company is reconstituted,
be exercised and discharged by the Administrator referred to in sub-section (2).
(5) (a) The Bank may constitute a committee consisting of three or more members who have
experience in law, finance, banking, administration or accountancy to assist the Administrator in
discharge of his duties.
(b) The committee shall meet at such times and places and observe such rules of procedure as may
be specified by the Bank.
(6) The salary and allowances payable to the Administrator and the members of the committee
constituted by the Bank shall be such as may be specified by the Bank and be paid by the concerned nonbanking financial company.
(7) On or before the expiration of the period of super session of the Board of Directors as specified in
the order issued under sub-section (1), the Administrator of the non-banking financial company shall
facilitate reconstitution of the Board of Directors of the non-banking financial company.
(8) Notwithstanding anything contained in any other law for the time being in force or in any contract,
no person shall be entitled to claim any compensation for the loss or termination of his office.
(9) The Administrator referred to in sub-section (2) shall vacate office immediately after the Board of
Directors of the non-banking financial company has been reconstituted.]
**45J. Bank to regulate or prohibit issue of prospectus or advertisement soliciting deposits of**
**money.—The Bank may, if it consider necessary in the public interest so to do, by general or special**
order,—
(a) regulate or prohibit the issue by any non-banking institution of any prospectus or
advertisement soliciting deposits of money from the public, and
(b) specify the conditions subject to which any such prospectus or advertisement, if not
prohibited, may be issued.
1[45JA. Power of Bank to determine policy and issue directions.—(1) If the Bank is satisfied that,
in the public interest or to regulate the financial system of the country to its advantage or to prevent the
affairs of any non-banking financial company being conducted in manner detrimental to the interest of the
depositors or in a manner prejudicial to the interest of the non-banking financial company, it is necessary
or expedient so to do, it may determine the policy and give directions to all or any of the non-banking
financial companies relating to income recognition, accounting standards, making of proper provision for
bad and doubtful debts, capital adequacy based on risk weights for assets and credit conversion factors for
off balance-sheet items and also relating to deployment of funds by a non-banking financial company or a
class of non-banking financial companies or non-banking financial companies generally, as the case may
be, and such non-banking financial companies shall be bound to follow the policy so determined and the
direction so issued.
(2) Without prejudice to the generality of the powers vested under sub-section (1), the Bank may give
directions to non-banking financial companies generally or to a class of non banking financial companies
or to any non-banking financial company in particular as to—
(a) the purpose for which advances or other fund based or non-fund based accommodation may
not be made; and
(b) the maximum amount of advances of other financial accommodation or investment in shares
and other securities which, having regard to the paid-up capital, reserves and deposits of the nonbanking financial company and other relevant considerations, may be made by that non-banking
financial company to any person or a company or to a group of companies.]
1. Ins. by Act 23 of 1997, s. 4 (w.e.f. 9-1-1997).
-----
**45K. Power of Bank to collect information from non-banking institutions as to deposits and to**
**give directions.—(1) The Bank may at any time direct that every non-banking institution shall furnish to**
the Bank, in such form, at such intervals and within such time, such statements information or particulars
relating to or connected with deposits received by the non-banking institution, as may be specified by the
Bank by general or special order.
(2) Without prejudice to the generality of the power vested in the Bank under sub-section (1), the
statements, information or particulars to be furnished under sub-section (1), may relate to all or any of the
following matters, namely, the amount of the deposits, the purposes and periods for which, and the rates
of interest and other terms and conditions on which, they are received.
(3) The Bank may, if it considers necessary in the public interest so to do, give directions to non
banking institutions either generally or to any non-banking institution or group of non-banking
institutions in particular, in respect of any matters relating to or connected with the receipt of deposits,
including the rates of interest payable on such deposits, and the periods for which deposits may be
received.
(4) If any non-banking institution fails to comply with any direction given by the Bank under sub
section (3), the Bank may prohibit the acceptance of deposits by that non-banking institution.
1* - - -
(6) Every non-banking institution receiving deposits shall, if so required by the Bank and within such
time as the Bank may specify, cause to be sent at the cost of the non-banking institution a copy of its
annual balance-sheet arid profit and loss account or other annual accounts to every person from whom the
non-banking institution holds, as on the last day of the year to which the accounts relate, deposits higher
than such sum as may be specified by the Bank.
**45L. Power of Bank to call for information from financial institutions and to give directions.—**
(1) If the Bank is satisfied for the purpose of enabling it to regulate the credit system of the country to its
advantage it is necessary so to do, it may—
(a) require financial institutions either generally or any group of financial institutions or financial
institution in particular, to furnish to the Bank in such form, at such intervals and within such time,
such statements, information or particulars relating to the business of such financial institutions or
institution, as may be specified by the Bank by general or special order;
(b) give to such institutions either generally or to any such institution in particular, directions
relating to the conduct of business by them or by it as financial institutions or institution.
(2) Without prejudice to the generality of the power vested in the Bank under clause (a) of sub
section (1), the statements, information or particulars to be furnished by a financial institution may relate
to all or any of the following matters, namely, the paid-up capital, reserves or other liabilities, the
investments whether in Government securities or otherwise, the persons to whom, and the purposes and
periods for which, finance is provided and the terms and conditions, including the rates of interest, on
which it is provided.
(3) In issuing directions to any financial institution under clause (b) of subsection (1), the Bank shall
have due regard to the conditions in which, and the objects for which, the institution has been established,
its statutory responsibilities, if any, and the effect the business of such financial institution is likely to
have on trends in the money and capital markets.
**45M. Duty of non-banking institutions to furnish statements, etc., required by Bank.—It shall be**
the duty or every non-banking institution to furnish the statements, information or particulars called for,
and to comply with any direction given to it, under the provisions of this Chapter.
1. Sub-section (5) omitted by Act 51 of 1974, s. 18 (w.e.f. 13-12-1974).
-----
1[45MA. Powers and duties of auditors.—(1) It shall be the duty of an auditor of a non-banking
institution to inquire whether or not the non-banking institution has furnished to the Bank such
statements, information or particulars relating to or connected with deposits received by it, as are required
to be furnished under this Chapter, and the auditor shall, except where he is satisfied on such inquiry that
the non-banking institution has furnished such statements, information or particulars, make a report to the
Bank giving the aggregate amount of such deposits held by the non-banking institution.
2[(1A) The Bank may, on being satisfied that it is necessary so to do, in the public interest or in the
interest of the depositors or for the purpose of proper assessment of the books of accounts, issue
directions to any non-banking financial company or any class of non-banking financial companies or nonbanking financial companies generally or to the auditors of such non-banking financial company or
companies relating to balance-sheet, profit and loss account, disclosure of liabilities in the books of
accounts or any matter relating thereto.]
(2) Where, in the case of [3][a non-banking financial company], the auditor has made, or intends to
make, a report to the Bank under sub-section (1), he shall include in his report under sub-section (2)
of section 227 of the Companies Act, 1956 (1 of 1956), the contents of the report which he has made or
intends to make, to the Bank.]
2[(3) Where the bank is of the opinion that it is necessary so to do in the public interest or in the
interest of the non-banking financial company or in the interest of depositors of such company it may at
any time by order direct that a special audit of the accounts of the non-banking financial company in
relation to any such transaction or class of transactions or for such period or periods, as may be specified
in the order, shall be conducted and the Bank may appoint an auditor or auditors to conduct such special
audit and direct the auditor or the auditors to submit the report to it.
(4) The remuneration of the auditors as may be fixed by the Bank, having regard to the nature and
volume of work involved in the audit and the expenses of or incidental to the audit, shall be borne by the
non-banking financial company so audited.]
4[45MAA. Power to take action against auditors. —Where any auditor fails to comply with any
direction given or order made by the Bank under section 45MA, the Bank, may, if satisfied, remove or
debar the auditor from exercising the duties as auditor of any of the Bank regulated entities for a
maximum period of three years, at a time.]
5[45MB. Power of Bank to prohibit acceptance of deposit and alienation of assets.—(1) If any
non-banking financial company violates the provisions of any section or fails to comply with any
direction or order given by the Bank under any of the provisions of this Chapter, the Bank may prohibit
the non-banking financial company from accepting any deposit.
(2) Notwithstanding anything to the contrary contained in any agreement or instruments or any law
for the time being in force, the Bank, on being satisfied that it is necessary so to do in the public interest
or in the interest of the depositors, may direct, the non-banking financial company against which an order
prohibiting from accepting deposit has been issued, not to sell, transfer, create charge or mortgage or deal
1. Ins. by Act 51 of 1974, s. 19 (w.e.f. 13-12-1974).
2. Ins. by Act 23 of 1997, s. 5 (w.e.f. 9-1-1997).
3. Subs. by s. 5, ibid., for “a non-banking institution, being a company” (w.e.f. 9-1-1997).
4. Ins. by Act 23 of 2019, s. 139 (w.e.f. 9-8-2019).
5. Ins. by Act 23 of 1997, s. 6. (w.e.f. 9-1-1997).
-----
in any manner with its property and assets without prior written permission of the Bank for such period
not exceeding six months from the date of the order.
1[45MBA. Resolution of non-banking financial company.—(1) Without prejudice to any other
provision of this Act or any other law for the time being in force, the Bank may, if it is satisfied, upon an
inspection of the Books of a non-banking financial company that it is in the public interest or in the
interest of financial stability so to do for enabling the continuance of the activities critical to the
functioning of the financial system, frame schemes which may provide for any one or more of the
following, namely: —
(a) amalgamation with any other non-banking institution;
(b) reconstruction of the non-banking financial company;
(c) splitting the non-banking financial company into different units or institutions and vesting viable
and non-viable businesses in separate units or institutions to preserve the continuity of the activities of
that non-banking financial company that are critical to the functioning of the financial system and for
such purpose establish institutions called “Bridge Institutions”.
_Explanation.— For the purposes of this sub-section, “Bridge Institutions” mean temporary_
institutional arrangement made under the scheme referred to in this sub-section, to preserve the continuity
of the activities of a non-banking financial company that are critical to the functioning of the financial
system.
(2) Without prejudice to the generality of the foregoing provisions, the scheme referred to in
sub-section (1) may provide for—
(a) reduction of the pay and allowances of the chief executive officer, managing director,
chairman or any officer in the senior management of the non-banking financial company;
(b) cancellation of all or some of the shares of the non-banking financial company held by the
chief executive officer, managing director, chairman or any officer in the senior management of the
non-banking financial company or their relatives;
(c) sale of any of the assets of the non-banking financial company.
(3) The chief executive officer, managing director, chairman or any officer in the senior management
of the non-banking financial company whose pay and allowances are reduced or the shareholders whose
shares are cancelled under the scheme shall not be entitled to any compensation.]
**45MC. Power of Bank to file winding up petition.—(1) The Bank, on being satisfied that a non-**
banking financial company—
(a) is unable to pay its debt; or
(b) has by virtue of the provisions of section 45-IA become disqualified to carry on the business
of a non-banking financial institution; or
(c) has been prohibited by the Bank from receiving deposit by an order and such order has been
in force for a period of not less than three months; or
(d) the continuance of the non-banking financial company is detrimental to the public interest or
to the interest of depositors of the company,
may file an application for winding up of such non-banking financial company under the Companies Act,
1956 (1 of 1956).
(2) A non-banking financial company shall be deemed to be unable to pay its debt if it has refused or
has failed to meet within five working days any lawful demand made at any to its offices or branches and
the Bank certifies in writing that such company is unable to pay its debt.
1. Ins. by Act 23 of 2019, s. 140 (w.e.f. 9-8-2019).
-----
(3) A copy of every application made by the Bank under sub-section (1) shall be sent to the Registrar
of Companies.
(4) All the provisions of the Companies Act, 1956 (1 of 1956) relating to winding up of a company
shall apply to a winding up proceeding initiated on the application made by the Bank under this
provision.]
**45N. Inspection.—[1][(1) The Bank may, at any time, cause an inspection to be made by one or more**
of its officers or employees or other persons (hereafter in this section referred to as the inspecting
authority)—
(i) of any non-banking institution, including a financial institution, for the purposes of verifying
the correctness or completeness of any statement, information or particulars furnished to the Bank or
for the purpose of obtaining any information or particulars which the non-banking institution has
failed to furnish on being called upon to do so; or
(ii) of any non-banking institution being a financial institution, if the Bank considers it necessary
or expedient to inspect that institution.]
(2) It shall be the duly of every director or member of any committee or other body for the time being
vested with the management of the affairs of the non-banking institution or other officer or employee
thereof to produce to the inspecting authority all such books, accounts and other documents in his custody
or power and to furnish that authority with any statements and information relating to the business of the
institution as that authority may require of him, within such time as may be specified by that authority.
(3) The inspecting authority may examine on oath any director or member of any committee or body
for the time being vested with the management of the affairs of the non-banking institution or other
officer or employee thereof, in relation to its business and may administer an oath accordingly.
2[45NA. Deposits not to be solicited by unauthorised person.—No person shall solicit on behalf of
any non-banking institution either by publishing or causing to be published any prospectus or
advertisement or in any other manner deposits of money from the public unless—
(a) he has been authorised in writing by the said non-banking institution to do so and specifies the
name of the institution which has so authorised him, and
(b) the prospectus or advertisement complies with any order made by the Bank under section 45J
and with any other provision of law for the time being in force, applicable to the publication of such
prospectus or advertisement.]
3[45NAA. Power in respect of group companies. —(1) The Bank may, at any time, direct a non
banking financial company to annex to its financial statements or furnish separately, within such time and
at such intervals as may be specified by the Bank, such statements and information relating to the
business or affairs of any group company of the non-banking financial company as the Bank may
consider necessary or expedient to obtain for the purposes of this Act.
(2) Notwithstanding anything to the contrary contained in the Companies Act, 2013 (18 of 2013), the
Bank may, at any time, cause an inspection or audit to be made of any group company of a non-banking
financial company and its books of account.
_Explanation. — For the purposes of this section, —_
(a) “group company” shall mean an arrangement involving two or more entities related to each
other through any of the following relationships, namely: —
(i) subsidiary—parent (as may be notified by the Bank in accordance with Accounting
Standards);
(ii) joint venture (as may be notified by the Bank in accordance with Accounting Standards);
1. Subs. by Act 51 of 1974, s. 20, for sub-section (1) (w.e.f. 13-12-1974).
2. Ins. by s. 21, ibid. (w.e.f. 13-12-1974).
3. Ins. by Act 23 of 2019, s. 141 (w.e.f. 9-8-2019).
-----
(iii) associate (as may be notified by the Bank in accordance with Accounting Standards);
(iv) promoter-promotee (under the Securities and Exchange Board of India Act, 1992 (15 of
1992) or the rules or regulations made there under for listed companies);
(v) related party;
(vi) common brand name (that is usage of a registered brand name of an entity by another
entity for business purposes); and
(vii) investment in equity shares of twenty per cent. and above in the entity;
(b) “Accounting Standards” means the Accounting Standards notified by the Central
Government under section 133, read with section 469 of the Companies Act, 2013 (18 of 2013) and
sub-section (1) of section 210A of the Companies Act, 1956 (1 of 1956).]
1 [45NB. Disclosure of information.—(1) Any information relating to a non-banking financial
company,—
(i) contained in any statement or return submitted by such company under the provisions of this
chapter; or
(ii) obtained through audit or inspection or otherwise by the Bank,
shall be treated as confidential and shall not, except otherwise provided in this section, be disclosed.
(2) Nothing in this section shall apply to—
(a) the disclosure by any non-banking financial company, with the previous permission of the
Bank, of any information furnished to the Bank under sub-section (1);
(b) the publication by the Bank, if it considers necessary in the public interest so to do, of any
information collected by it under sub-section (1) in such consolidated form as it may think fit without
disclosing the name of any non-banking financial company or its borrowers;
(c) the disclosure or publication by the non-banking financial company or by the Bank of any
such information to any other non-banking financial company or in accordance with the practice and
usage customary amongst such companies or as permitted or required under any other law:
Provided that any such information received by a non-banking financial company under this
clause shall not be published except in accordance with the practice and usage customary amongst
companies or as permitted or required under any other law.
(3) Notwithstanding anything contained in this Act or in any other law for the time being in force, the
Bank, if it is satisfied that, in the public interest or in the interest of the depositors or the non-banking
financial company or to prevent the affairs of any non-banking financial company being conducted in a
manner detrimental to the interest of the depositors, it is expedient so to do, may, either on its own motion
or on being requested, furnish or communicate any information relating to the conduct of business by any
non-banking financial company to any authority constituted under any law.
(4) Notwithstanding anything contained in any law for the time being in force, no court or tribunal or
other authority shall compel the Bank to produce or to give inspection of any statement or other material
obtained by the Bank under any provisions of this chapter.]
**45NC. Power of Bank to exempt.—The Bank, on being satisfied that it is necessary so to do, may**
declare by notification in the Official Gazette that any or all of the provisions of this Chapter shall not
apply to a non-banking institution or a class of non-banking institutions or a non-banking financial
company or to any class or non-banking financial companies either generally or for such period as may be
specified, subject to such conditions, limitations or restrictions as it may think fit to impose.]
**45-O.** [Penalties].—Omitted by the Reserve Bank of India (Amendment) _Act, 1974, (51_ _of 1974),_
_s. 22 (w.e.f. 13-12-1974)._
**45P. [Cognizance of offence].—Omitted by s. 22, ibid. (w.e.f. 13-12-1974)**
1. Ins. by Act 23 of 1997, s. 7 (w.e.f. 9-1-1997).
-----
**45Q. Chapter IIIB to override other laws.—The provisions of this Chapter shall have effect**
notwithstanding anything inconsistent therewith contained in any other law for the time being in force or
any instrument having effect by virtue of any such law.]
1[45QA. Power of Company Law Board to offer repayment of deposit.—(1) Every deposit
accepted by a non-banking financial company, unless renewed, shall be repaid in accordance with the
terms and condition of such deposit.
(2) Where a non-banking financial company has failed to repay and deposit or part thereof in
accordance with the terms and conditions of such deposit, the Company Law Board constituted
under section 10E of the Companies Act, 1956 (1 of 1956), may, if it is satisfied, either on its own motion
or on an application of the depositor, that it is necessary so to do to safeguard the interests of the
company, the depositors or in the public interest, direct, by order, the non-banking financial company to
make repayment of such deposit or part thereof forthwith or within such time and subject to such
conditions as may be specified in the order:
Provided that the Company Law Board may, before making any order under this sub-section, give a
reasonable opportunity of being heard to the non-banking financial company and the other persons
interested in the matter.
**45QB. Nomination by depositors.—(1) Where a deposit is held by a non-banking financial**
institution to the credit of one or more persons, the depositor or, as the case may be, all the depositors
together may nominate, in the manner prescribed by rules made by the Central Government under section
45ZA of the Banking Regulation Act, 1949 (10 of 1949), one person to whom in the event of the death of
the sole depositor or the death of all the depositors, the amount of deposit may be returned by the nonbanking financial institution.
(2) Notwithstanding anything contained in any other law for the time being in force, or in any
disposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made
purports to confer on any person the right to receive the amount of deposit from the non-banking financial
institution, the nominee shall, on the death of the sole depositor or, as the case may be, on the death of all
the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of the
depositors, in relation to such deposit to the exclusion of all other persons, unless the nomination is varied
or cancelled in the manner prescribed by rules made by the Central Government under section 45ZA of
the Banking Regulation Act, 1949 (10 of 1949).
(3) Where the nominee is a minor, it shall be lawful for the depositor making the nomination to
appoint, in the manner prescribed by rules made by the Central Government under section 45ZA of the
Banking Regulation Act, 1949 (10 of 1949), any person to receive the amount of deposit in the event of
his death during the minority of the nominee.
(4) Payment by a non-banking institution in accordance with the provisions of this section shall
constitute a full discharge to the non-banking institution of its liability in respect of the deposit:
Provided that nothing contained in this sub-section shall effect the right or claim which any person
may have against the person to whom any payment is made under this section.
(5) No notice of the claim of any person, other than the person or persons in whose name a deposit is
held by a non-banking institution, shall be receivable by the non-banking institution, nor shall the nonbanking institution be bound by any such notice even though expressly given to it:
Provided that where any decree order, certificate or other authority from a court of competent
jurisdiction relating to such deposit is produced before a non-banking institution, the non-banking
institution shall take due note of such decree, order, certificate or other authority.]
1. Ins. by Act 23 of 1997, s. 8 (w.e.f. 9-1-1997).
-----
1[CHAPTER IIIC
PROHINITION OF ACCEPTANCE OF DEPOSITS BY UNINCORPORATED BODIES
**45R. Interpretation.—The words and expressions used in this Chapter and defined in Chapter IIIB**
shall have the meanings respectively assigned to them therein.
2[45S. Deposits not to be accepted in certain cases.—(1) No person, being an individual or a firm
or an unincorporated association of individuals shall, accept any deposit—
(i) if his or its business wholly or partly includes any of the activities specified in clause (c) of
section 45-1; or
(ii) if his or its principal business is that of receiving of deposits under any scheme or
arrangement or in any other manner or lending in any manner:
Provided that nothing contained in this sub-section shall apply to the receipt of money by an
individual by way of loan from any of his relatives or to the receipt of money by a firm by way of
loan from the relative or relatives of any of the partners.
(2) Where any person referred to in sub-section (1) holds any deposit on the 1st day of April, 1997
which is not in accordance with sub-section (1), such deposit shall be repaid by that person immediately
after such deposit becomes due for repayment or within three years from the date of such commencement,
whichever is earlier:
Provided that if the Bank is satisfied on an application made by any person to the Bank that such
person is unable to repay a part of the deposits for reasons beyond his control or such repayment shall
cause extreme hardship to him, it may, by an order in writing, extend such period by a period not
exceeding one year subject to such conditions as may be specified in the order.
(3) on and from the date of 1st day of April, 1997, no person referred to in sub-section (1) shall issue
or cause to be issued any advertisement in any form for soliciting deposit.
_Explanation.—For the purposes of this section, a person shall be deemed to be a relative of another_
if, and only if,—
(i) they are members of a Hindu undivided family; or
(ii) they are husband and wife; or
(iii) the one is related to the other in the manner indicated in the List of Relatives below:—
_List of Relatives_
1. Father, 2. Mother (including step-mother), 3.Son (including stepson), 4. Son’s wife,
5. Daughter (including step-daughter), 6. Father’s father, 7. Father’s mother,
8. Mother’s mother, 9. Mother’s father, 10. Son’s son, 11. Son’s son’s wife, 12. Son’s
Daughter 13. Son’s Daughter’s husband, 14. Daughter’s husband, 15. Daughter’s son,
16. Daughter’s son’s wife, 17. Daughter’s daughter, 18. Daughter’s daughter’s
husband. 19. Brother (including step-brother), 20. Brother’s wife, 21. Sister (including
step-sister), 22. Sister’s husband].
**45T. Power to issue search warrants.—(1) Any court having jurisdiction to issue a search warrant**
under the Code of Criminal Procedure, 1973 (2 of 1974), may, on an application by an officer of the bank
or of the State Government authorised in this behalf stating his belief that certain documents relating to
acceptance of deposits in contravention of the provisions of section 45S are secreted in any place within
the local limits of the jurisdiction of such court, issue a warrant to search for such documents.
(2) A warrant issued under sub-section (1) shall be executed in the same manner and shall have the
same effect as a search warrant issued under the Code of Criminal Procedure, 1973 (2 of 1974).]
1. Ins. by Act 1 of 1984, s. 10 (w.e.f. 15-2-1984).
2. Subs. by Act 23 of 1997, s. 9, for section 45S (w.e.f. 1-4-1997).
-----
1[CHAPTER IIID
REGULATION OF TRANSACTIONS IN DERIVATIVES, MONEY MARKET INSTRUMENTS, SECURITIES, ETC.
**45U. Definitions.—For the purposes of this Chapter,—**
(a) “derivative” means an instrument, to be settled at a future date, whose value is derived from
change in interest rate, foreign exchange rate, credit rating or credit index, price of securities (also
called “underlying”), or a combination of more than one of them and includes interest rate swaps,
forward rate agreements, foreign currency swaps, foreign currency-rupee swaps, foreign currency
options, foreign currency-rupee options or such other instruments as may be specified by the Bank
from time to time;
(b) “money market instruments” include call or notice money, term money, repo, reverse repo,
certificate of deposit, commercial usance bill, commercial paper and such other debt instrument of
original or initial maturity up to one year as the Bank may specify from time to time;
(c) “repo” means an instrument for borrowing funds by selling securities with an agreement to
repurchase the securities on a mutually agreed future date at an agreed price which includes interest
for the funds borrowed;
(d) “reverse repo” means an instrument for lending funds by purchasing securities with an
agreement to resell the securities on a mutually agreed future date at an agreed price which includes
interest for the funds lent;
(e) “securities” means securities of the Central Government or a State Government or such
securities of a local authority as may be specified in this behalf by the Central Government and, for
the purposes of “repo” or “reverse repo”, include corporate bonds and debentures.
**45V. Transactions in derivatives.—(1) Notwithstanding anything contained in the Securities**
Contracts (Regulation) Act, 1956(42 of 1956) or any other law for the time being in force, transactions in
such derivatives, as may be specified by the Bank from time to time, shall be valid, if at least one of the
parties to the transaction is the Bank, a scheduled bank, or such other agency falling under the regulatory
purview of the Bank under the Act, the Banking Regulation Act, 1949(10 of 1949), the Foreign Exchange
Management Act, 1999(42 of 1999), or any other Act or instrument having the force of law, as may be
specified by the Bank from time to time.
(2) Transactions in such derivatives, as had been specified by the Bank from time to time, shall be
deemed always to have been valid, as if the provisions of sub-section (1) were in force at all material
times.
**45W. Power to regulate transactions in derivatives, money market instruments, etc.—(1) The**
Bank may, in public interest, or to regulate the financial system of the country to its advantage, determine
the policy relating to interest rates or interest rate products and give directions in that behalf to all
agencies or any of them, dealing in securities, money market instruments, foreign exchange, derivatives,
or other instruments of like nature as the Bank may specify from time to time:
Provided that the directions issued under this sub-section shall not relate to the procedure for
execution or settlement of the trades in respect of the transactions mentioned therein, on the Stock
Exchanges recognised under section 4 of the Securities Contracts (Regulation) Act, 1956(42 of 1956).
(2) The Bank may, for the purpose of enabling it to regulate agencies referred to in sub-section (1),
call for any information, statement or other particulars from them, or cause an inspection of such agencies
to be made.
**45X. Duty to comply with directions and furnish information.—It shall be the duty of every**
director or member or other body for the time being vested with the management of the affairs of the
agencies referred to in section 45W to comply with the directions given by the Bank and to submit the
information or statement or particulars called for under that section.]
1. Ins. by Act 26 of 2006, s. 4 (w.e.f. 9-1-2007).
-----
1[CHAPTER IIIE
JOINT MECHANISM
**45Y. Joint Mechanism.—(1) Notwithstanding anything contained in this Act or the Securities and**
Exchange Board of India Act, 1992(15 of 1992) or any other law for the time being in force, if any
difference of opinion arises as to whether—
(i) any instrument, being derivative referred to in clause (a) or money market instrument referred
to in clause (b) or repo referred to in clause (c) or reverse repo referred to in clause (d) or securities
referred to in clause (e) of section 45U of this Act; or
(ii) any instrument, being policy of life insurance under the Insurance Act, 1938(4 of 1938), or
the rules or regulations made thereunder, or, scrips or any other securities referred to in sub-clauses
(i), (ia), (ib), (ic), (id), (ie), (ii), (iia) and (iii) of clause (h) of section 2 of the Securities Contracts
(Regulation) Act, 1956(42 of 1956),
is hybrid or composite instrument, having a component of money market investment or securities market
instrument or a component of insurance or any other instrument referred to in clause (i) or clause (ii) and
falls within the jurisdiction of the Reserve Bank of India or the Securities and Exchange Board of India
established under section 3 of the Securities and Exchange Board of India Act, 1992(15 of 1992) or the
Insurance Regulatory and Development Authority established under section 3 of the Insurance Regulatory
and Development Authority Act, 1999(41 of 1999) or the Pension Fund Regulatory and Development
Authority constituted by the Resolution of the Government of India number F.No. 1(6)2007-PR, dated the
14th November, 2008, such difference of opinion shall be referred to a Joint Committee consisting of the
following, namely:—
(a) the Union Finance Minister—ex officio Chairperson;
(b) the Governor, Reserve Bank of India—ex officio Vice-Chairperson;
(c) the Secretary, Department of Economic Affairs in the Ministry of Finance, Government of
India—ex officio Member;
(d) the Secretary, Department of Financial Services in the Ministry of Finance, Government of
India—ex officio Member;
(e) the Chairperson, Insurance Regulatory and Development Authority—ex officio Member;
(f) the Chairman, Securities and Exchange Board of India—ex officio Member;
(g) the Chairperson, Pension Fund Regulatory and Development Authority—ex officio Member.
(2) The Secretary, Department of Financial Services in the Ministry of Finance, Government of India
shall be the convener of the meetings of the Joint Committee referred to in sub-section (1).
(3) In case of any difference of opinion referred to in sub-section (1), any Member of the Joint
Committee referred to in clauses (b), (e), (f) or (g) of that sub-section may make a reference to the Joint
Committee.
(4) The Joint Committee shall follow such procedure as it may consider expedient and give, within a
period of three months from the date of reference made under sub-section (3), its decisions thereon to the
Central Government.
(5) The decision of the Joint Committee shall be binding on the Reserve Bank of India, the Securities
and Exchange Board of India, the Insurance Regulatory and Development Authority and the Pension
Fund Regulatory and Development Authority.]
1. Ins. by Act 26 of 2010, s. 2 (w.e.f. 18-6-2010).
-----
1[CHAPTER IIIF
MONETARY POLICY
**45Z. Provisions of this Chapter to override other provisions of Act.—The provisions of this**
Chapter shall have effect, notwithstanding anything inconsistent therewith contained in any other
provisions of this Act.
**45ZA. Inflation target.—(1) The Central Government shall, in consultation with the Bank,**
determine the inflation target in terms of the Consumer Price Index, once in every five years.
(2) The Central Government shall, upon such determination, notify the inflation target in the Official
Gazette.
**45ZB. Constitution of Monetary Policy Committee.—(1) The Central Government may, by**
notification in the Official Gazette, constitute a Committee to be called the Monetary Policy Committee
of the Bank.
(2) The Monetary Policy Committee shall consist of the following Members, namely:—
(a) the Governor of the Bank—Chairperson, ex officio;
(b) Deputy Governor of the Bank, in charge of Monetary Policy—Member, ex officio;
(c) one officer of the Bank to be nominated by the Central Board—Member, ex officio; and
(d) three persons to be appointed by the Central Government—Members.
(3) The Monetary Policy Committee shall determine the Policy Rate required to achieve the inflation
target.
(4) The decision of the Monetary Policy Committee shall be binding on the Bank.
**45ZC. Eligibility and selection of Members appointed by Central Government.—(1) The**
Members of the Monetary Policy Committee referred to in clause (d) of sub-section (2) of section 45ZB
shall be appointed by the Central Government from amongst persons of ability, integrity and standing,
having knowledge and experience in the field of economics or banking or finance or monetary policy:
Provided that no person shall be appointed as a Member, in case such person—
(i) has completed the age of seventy years on the date of appointment as Member;
(ii) is a Member of any Board or Committee of the Bank;
(iii) is an employee of the Bank;
(iv) is a public servant as defined under section 21 of the Indian Penal Code (45 of 1860);
(v) is a Member of Parliament or any State Legislature;
(vi) has been at any time, adjudged as an insolvent;
(vii) has been convicted of an offence which is punishable with an imprisonment for a term of one
hundred and eighty days or more;
(viii) is physically or mentally incapable of discharging the duties of a Member of the Monetary
Policy Committee; or
(ix) has a material conflict of interest with the Bank and is unable to resolve such conflict.
(2) The Members of the Monetary Policy Committee referred to in clause (d) of sub-section (2) of
section 45ZB shall be appointed by the Central Government on the recommendations made by Searchcum-Selection Committee consisting of the following members, namely:—
(a) Cabinet Secretary—Chairperson;
1. Ins. by Act 28 of 2016, s. 222 (w.e.f. 27-6-2016).
-----
(b) Governor of the Reserve Bank of India or his representative (not below the rank of Deputy
Governor)—member;
(c) Secretary, Department of Economic Affairs—member;
(d) three experts in the field of economics or banking or finance or Monetary policy to be
nominated by the Central Government—members.
(3) While selecting the Members of the Monetary Policy Committee, the Search-cum-Selection
Committee shall follow such procedure as may be prescribed by the Central Government.
**45ZD. Terms and conditions of appointment of Members of Monetary Policy Committee.—(1)**
The Members of the Monetary Policy Committee appointed under clause (d) of sub-section (2) of section
45ZB shall hold office for a period of four years and shall not be eligible for re-appointment.
(2) The terms and conditions of appointment of Members of the Monetary Policy Committee shall be
such as may be prescribed by the Central Government and the remuneration and other allowances payable
to such Members shall be such as may be specified by the regulations made by the Central Board.
(3) A Member may resign from the Monetary Policy Committee, at any time before the expiry of his
tenure under sub-section (1), by giving to the Central Government, a written notice of not less than six
weeks, and on the acceptance of the resignation by the Central Government, he shall cease to be a
Member of the Monetary Policy Committee.
**45ZE. Removal of Members of Monetary Policy Committee.—(1) The Central Government may**
remove from office any Member of the Monetary Policy Committee appointed under clause (d) of subsection (2) of section 45ZB, who—
(a) is, or at any time has been, adjudged as an insolvent; or
(b) has become physically or mentally incapable of acting as a Member; or
(c) has been convicted of an offence which, in the opinion of the Central Government, involves
moral turpitude; or
(d) has failed to adequately disclose any material conflict of interest at the time of his
appointment; or
(e) does not attend three consecutive meetings of the Monetary Policy Committee without
obtaining prior leave; or
(f) has acquired such financial or other interest as is likely to affect prejudicially his functions as a
Member; or
(g) has acquired any post referred to in clauses (ii), (iii), (iv) and clause (v) of the proviso to sub
section (1) of section 45ZC; or
(h) has, in the opinion of the Central Government, so abused his position as to render his
continuance in office detrimental to the public interest.
(2) No Member appointed under clause (d) of sub-section (2) of section 45ZB shall be removed under
clause (d) or clause (e) or clause (f) or clause (g) or clause (h) of sub-section (1) unless he has been given
a reasonable opportunity of being heard in the matter.
**45ZF. Vacancies, etc., not to invalidate proceedings of Monetary Policy Committee.—No act or**
proceeding of the Monetary Policy Committee shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of the Monetary Policy Committee; or
(b) any defect in the appointment of a person acting as a Member of the Monetary Policy
Committee; or
(c) any irregularity in the procedure of the Monetary Policy Committee not affecting the merits of
the case.
-----
**45ZG. Secretary to Monetary Policy Committee.—(1) The Bank shall appoint a Secretary to the**
Monetary Policy Committee to provide secretariat support to the said Committee.
(2) The Secretary shall perform such functions and in such manner as may be specified by the
regulations made by the Central Board.
**45ZH. Information for Monetary Policy Committee Members.—(1) The Bank shall provide all**
information to the Members of the Monetary Policy Committee that may be relevant to achieve the
inflation target.
(2) In addition to information provided by the Bank under sub-section (1), any Member of the
Monetary Policy Committee may, at any time, request the Bank for additional information, including any
data, models or analysis.
(3) The Bank shall provide the information, as referred to in sub-section (2), to the Member of the
Monetary Policy Committee, within reasonable time, unless—
(a) the information pertains to an entity or person and is not publicly available; or
(b) the information allows an entity or person to be identified and the information is not publicly
available.
(4) Any information provided by the Bank to a Member of the Monetary Policy Committee shall be
provided to all the Members of the Monetary Policy Committee.
**45Z-I. Meetings of Monetary Policy Committee.—(1) The Bank shall organise at least four**
meetings of the Monetary Policy Committee in a year.
(2) The meeting schedule of the Monetary Policy Committee for a year shall be published by the
Bank at least one week before the first meeting in that year.
(3) The meeting schedule may be changed only—
(a) by way of a decision taken at a prior meeting of the Monetary Policy Committee; or
(b) if, in the opinion of the Governor, an additional meeting is required or a meeting is required to
be rescheduled due to administrative exigencies.
(4) Any change in meeting schedule shall be published by the Bank as soon as practicable.
(5) The quorum for a meeting of the Monetary Policy Committee shall be four Members, at least one
of whom shall be the Governor and in his absence, the Deputy Governor who is the Member of the
Monetary Policy Committee.
(6) The meetings of the Monetary Policy Committee shall be presided over by the Governor, and in
his absence by the Deputy Governor who is a Member of the Monetary Policy Committee.
(7) Each Member of the Monetary Policy Committee shall have one vote.
(8) All questions which come up before any meeting of the Monetary Policy Committee shall be
decided by a majority of votes by the Members present and voting, and in the event of an equality of
votes, the Governor shall have a second or casting vote.
(9) The Central Government may, if it considers necessary, convey its views in writing to the
Monetary Policy Committee from time to time.
(10) The vote of each Member of the Monetary Policy Committee for a proposed resolution shall be
recorded against such Member.
(11) Each Member of the Monetary Policy Committee shall write a statement specifying the reasons
for voting in favour of, or against the proposed resolution.
duct, code of confidentiality and any other incidental matter for the functioning of the Monetary
Policy Committee shall be such as may be specified by the regulations made by the Central Board.
-----
(13) The proceeding of the Monetary Policy Committee shall be confidential.
**45ZJ. Steps to be taken to implement decision of Monetary Policy Committee.—(1) The Bank**
shall publish a document explaining the steps to be taken by it to implement the decisions of the
Monetary Policy Committee, including any changes thereto.
(2) The particulars to be included in such document and the frequency of publications of such
document shall be such as may be specified by the regulations made by the Central Board.
**45ZK. Publication of decisions.—The Bank shall publish, after the conclusion of every meeting of**
the Monetary Policy Committee, the resolution adopted by the said Committee;
**45ZL. Publication of proceedings of meeting of Monetary Policy Committee.—The Bank shall**
publish, on the fourteenth day after every meeting of the Monetary Policy Committee, the minutes of the
proceedings of the meeting which shall include the following, namely:—
(a) the resolution adopted at the meeting of the Monetary Policy Committee;
(b) the vote of each member of the Monetary Policy Committee, ascribed to such member, on
resolutions adopted in the said meeting; and
(c) the statement of each member of the Monetary Policy Committee under sub-section (11) of
section 45ZL on the resolutions adopted in the said meeting.
**45ZM. Monetary Policy Report.—(1) The Bank shall, once in every six months, publish a**
document to be called the Monetary Policy Report, explaining—
(a) the sources of inflation; and
(b) the forecasts of inflation for the period between six to eighteen months from the date of
publication of the document.
(2) The form and contents of the Monetary Policy Report shall be such as may be specified by the
regulations made by the Central Board.
**45ZN. Failure to maintain inflation target.—Where the Bank fails to meet the inflation target, it**
shall set out in a report to the Central Government—
(a) the reasons for failure to achieve the inflation target;
(b) remedial actions proposed to be taken by the Bank; and
(c) an estimate of the time-period within which the inflation target shall be achieved pursuant to
timely implementation of proposed remedial actions.
_Explanation.—For the purposes of this section, the factors that constitute failure shall be such as may_
be notified by the Central Government in the Official Gazette, within three months from the date of the
commencement of Part I of Chapter XII of the Finance Act, 2016.
**45ZO. Power to make rules.—(1) The Central Government may, by notification in the Official**
Gazette, make rules for the purpose of carrying out the provisions of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the procedure of functioning of the Search-cum-Selection Committee under sub-section (3) of
section 45ZC;
(b) the terms and conditions of appointment, (other than the remuneration and other allowances),
of Members of the Monetary Policy Committee under sub-section (2) of section 45ZD; and
(c) any other matter which is to be, or may be, prescribed by the Central Government by rules.]
-----
CHAPTER IV
GENERAL PROVISIONS
**46. Contribution by Central Government to the Reserve Fund.—The [1][Central Government]**
shall transfer to the Bank rupee securities to the value of five crores of rupees to be allocated by the Bank
to the Reserve Fund.
2[46A. Contribution to National Rural Credit (Long Term Operations) Fund and National
**Rural Credit (Stabilisation) Fund.—The Bank shall contribute every year such sums of money as it**
may consider necessary and feasible to do so, to the National Rural Credit (Long Term Operations) Fund
and the National Rural Credit (Stabilisation) Fund established and maintained by the National Bank under
sections 42 and 43, respectively, of the National Bank for Agriculture and Rural Development Act, 1981
(61 of 1981).]
3[46C. National Industrial Credit (Long Term Operations) Fund.—(1) The Bank shall establish
and maintain a Fund to be known as the National Industrial Credit (Long Term Operations) Fund to
which shall be credited—
(a) an initial sum of ten crores of rupees by the Bank;
(b) such further sums of money as the Bank may contribute every year:
Provided that the annual contribution during each of the five years commencing with the year
ending on the 30th day of June, 1965 shall not be less than five crores of rupees:
Provided further that the Central Government may, if the circumstances so require, authorise the
Bank to reduce the said sum of five crores of rupees in any year.
(2) The amount in the said fund shall be applied by the Bank only to the following objects, namely:—
4* - - - *]
5[(c) the making to the Exim Bank 6[or the Reconstruction Bank 7[or the Small Industries Bank
8
[or the National Bank for Financing Infrastructure and Development or the other
# development financial institution]], as the case may be] of loans and advances for the purposes of
any business of the Exim Bank [6][or the Reconstruction Bank [7][or the Small Industries Bank [8][or the
# National Bank for Financing Infrastructure and Development or the other development financial institution,]] as the case may be];
(d) the purchasing of bonds and debentures issued by the Exim Bank [6][or the Reconstruction
Bank [7][or the Small Industries Bank [8][or the National Bank for Financing Infrastructure and
# Development or the other development financial institution,]] as the case may be].]
9[46D. National Housing Credit (Long Term Operations) Fund.—(1) The Bank shall establish and
maintain a Fund to be known as the National Housing Credit (Long Term Operations) Fund to which
shall be credited every year such sums of money as it may consider necessary.
(2) The amount in the said Fund shall be applied by the Bank only to the following objects namely:—
(a) the making to the National Housing Bank of loans and advances for the purpose of any
business of the National Housing Bank;
(b) the purchasing of bonds and debentures issued by the National Housing Bank.]
10
[47. Allocation of surplus profits.—After making provision for bad and doubtful debts,
depreciation in assets, contributions to staff and superannuation fund [11][and for all other matters for which
provision is to be made by or under this Act or which] are usually provided for by bankers, the balance, of
the profits shall be paid to the Central Government.]
1. Subs. by the M.O. 1937, for “G.G. in C.”.
2. Subs. by Act 61 of 1981, s. 61 and the Second Schedule, for sections 46A and 46B (w.e.f. 12-7-1982). Earlier these
sections were inserted by Act 24 of 1955, s. 7 (w.e.f. 8-5-1955).
3. Ins. by Act 18 of 1964, s. 38 and the Second Schedule (w.e.f. 1-7-1964).
4. Clauses (a) and (b) omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).
5. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 1-1-1982).
6. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985).
7. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (w.e.f. 7-3-1990).
8.Ins. by Act 17 of 2021, s. 47 and the second schedule (w.e.f. 19-4-2021).
9. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988).
9. Subs. by Act 62 of 1948, s. 7 and the Schedule, for section 47 (w.e.f. 1-1-1949).
10. Subs. by Act 24 of 1955, s. 8, for “and such other contingencies as” (w.e.f. 8-5-1955).
-----
**48. Exemption of Banks from income-tax and super-tax.—(1) Notwithstanding anything contained**
in [1][the Income-tax Act, 1961 (43 of 1961)] or any other enactment for the time being in force relating to
income-tax or super-tax, the bank shall not be liable to pay income-tax or super-tax on any of its income,
profits or gains.
2* - - -
3* - - -
**49. Publication of Bank rate.—The Bank shall make public from time to time the standard rate at**
which it is prepared to buy or re-discount bills of exchange or other commercial paper eligible for
purchase under this Act.
4[50. Auditors.—(1) Not less than two auditors shall be appointed, and their remuneration fixed, by
the Central Government.
(2) The auditors shall hold office for such term not exceeding one year as the Central Government
may fix while appointing them, and shall be eligible for re-appointment.]
**51. Appointment of special auditors by Government.—Without prejudice to anything contained in**
section 50, the [5][Central Government] may at any time appoint the [6][Comptroller and Auditor-General]
7*** to examine and report upon the accounts of the Bank.
**52. Powers and duties of auditors.—(1) Every auditor shall be supplied with a copy of the annual**
balance-sheet, and it shall be his duty to examine the same, together with the accounts and vouchers
relating thereto; and every auditor shall have a list delivered to him of all books kept by the Bank, and
shall at all reasonable time have access to the books, accounts and other documents of the Bank, and may
at the expense of the Bank [8]*** employ accountants or other person to assist him in investigating such
accounts, and may, in relation to such accounts, examine any Director or officer of the Bank.
(2) The auditors shall make a report [9] *** to the [5][Central Government] [10] *** upon the annual
balance-sheet and accounts, and in every such report they shall state whether, in their opinion, the
balance-sheet is a full and fair balance-sheet containing all necessary particulars and properly drawn up so
as to exhibit a true and correct view of the state of the Bank’s affairs, and, in case they have called for any
explanation or information from the Central Board, whether it has been given and whether it is
satisfactory. [11]***.
**53. Returns.—(1) The Bank shall prepare and transmit to the** [5][Central Government] a weekly
account of the Issue Department and of the Banking Department in [12] [such] form as the [5][Central
Government] may, by notification in the Gazette of India, prescribe. The [5][Central Government] shall
cause these accounts to be [13][published in the Gazette of India at such intervals and in such modified form
as it may deem fit].
1. Subs. by Act 24 of 1978, s. 9, for “Indian Income-tax Act, 1922” (w.e.f. 21-7-1978).
2. The proviso omitted by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
3. Sub-section (2) omitted by s. 7 and the Schedule, ibid. (w.e.f. 1-1-1949).
4. Subs. by Act 62 of 1948, s. 7 and the Schedule, for section 50 (w.e.f. 1-1-1949).
5. Subs. by the M.O. 1937, for “G.G. in C.”.
6. Subs. by Act 32 of 1951, s. 18, for “Auditor General” (w.e.f. 1-11-1951).
7. The words “or such auditors as it thinks fit” omitted by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
8. The words “if appointed by it or at the expense of the Central Government if appointed by that Government” omitted by
Act 24 of 1955, s. 9 (w.e.f. 8-5-1955).
9. The words “to the shareholders or” omitted by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
10. The words “as the case may be” omitted by s. 7 and the Schedule, ibid. (w.e.f. 1-1-1949).
11. The words “Any such report made to the shareholders shall be read, together with the report of the Central Board, at the
annual general meeting” omitted by s. 7 and the Schedule, ibid. (w.e.f. 1-1-1949).
12. Subs. by the M.O. 1937, for certain words
13. Subs. by Act 24 of 1978, s. 9, for “published weekly in the Government of India” (w.e.f. 21-7-1978).
-----
(2) The Batik shall also, within two months from the date on which the annual accounts of the Bank
are closed, transmit to the [1][Central Government] a copy of the annual accounts signed by the Governor,
the Deputy Governors and the Chief Accounting Officer of the Bank, and certified by the auditors,
together with a report by the Central Board on the working of the Bank throughout the year, and the
1[Central Government] shall cause such accounts and report to be published in the Gazette of India.
2* - - -
3[54. Rural Credit and Development.—The Bank may maintain expert staff to study various aspects
of rural credit and development and in particular it may:—
(a) tender expert guidance and assistance to the National Bank;
(b) conduct special studies in such areas as it may consider necessary to do so for promoting
integrated rural development.]
4[54A. Delegation of powers.—(1) The Governor may, by general or special order, delegate to a
Deputy Governor, subjects to such conditions and limitations, if any, as may be specified in the order,
such of the powers and functions exercisable by him [5]*** under this Act or under any other law for the
time being in force as he may deem necessary for the efficient administration of the functions of the
Bank.
(2) The fact that a Deputy Governor exercises any power or does any act or thing in pursuance of this
Act shall be conclusive proof of his authority to do so.]
6[54AA. Power of Bank to depute its employees to other institutions.—7[(1) The Bank may,
notwithstanding anything contained in any law, or in any agreement, for the time being in force, depute
any member of its staff for such period as it may think fit,—
(a) to any institution which is wholly or substantially owned by the Bank;
(b) to the Development Bank, so, however, that no such deputation shall continue after the
expiration of thirty months from the commencement of section 5 of the Public Financial Institutions
Laws (Amendment) Act, 1975 (52 of 1975);
(c) to the Unit Trust, so, however, that no such deputation shall continue after the expiration of
thirty months from the date notified by the Central Government under sub-section (1) of section
4A of the Unit Trust of India Act, 1963 (52 of 1963);
and thereupon the person so deputed shall, during the period of his deputation, render such service to the
institution to which he is so deputed as that institution may require.]
(2) Where a person has been deputed to an institution under sub-section (1), he shall not be entitled to
claim any salary, emoluments and other terms and conditions of service which he would not have been
entitled to claim if he had not been so deputed.
(3) Nothing contained in this section shall empower the Bank to depute any member of its staff to any
institution on any salary, emoluments or other terms and conditions which is or are less favourable to him
than that or those to which he is entitled immediately before such deputation.
(4) For the purposes of this section, an institution shall be deemed to be substantially owned by the
Bank if in the capital of the institution the Bank has not less than forty per cent, share.
_Explanation.—The word “capital” means, in relation to the Unit Trust, the initial capital of the Trust.]_
**55. [Reports by the Bank].—Omitted by the Reserve Bank (Transfer to Public Ownership) Act, 1948**
(62 of 1948), s. 7 and the Schedule (w.e.f. 1-1-1949).
**56. [Power to require declaration as to ownership of registered shares].—Omitted by s. 7 and the**
_Schedule, ibid. (w.e.f. 1-1-1949)._
1. Subs. by the M.O. 1937, for “G.G. in C.”.
2. Sub-section (3) omitted by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
3. Subs. by Act 61 of 1981, s. 61 and the Second Schedule, for section 54 (w.e.f. 12-7-1982).
4. Ins. by Act 24 of 1955, s. 10 (w.e.f. 8-5-1955).
5. The words “by or” omitted by Act 58 of 1960, s. 3 and the Second Schedule (w.e.f. 26-12-1960).
6. Ins. by Act 58 of 1968, s. 28 (w.e.f. 1-2-1969).
7. Subs. by Act 52 of 1975, s. 20, for sub-section (1) (w.e.f. 16-2-1976).
-----
**57. Liquidation of the Bank.—(1) Nothing in the [1][Companies Act, 1956 (1 of 1956)] shall apply to**
the Bank and the Bank shall not be placed in liquidation save by order of the [2][Central Government] and
in such manner as [3][it may direct].
4* - - -
5[57A. Powers of Bank not to apply to International Financial Services Centre.—Notwithstanding
anything contained in any other law for the time being in force, the powers exercisable by the Bank under
this Act,—
(a) shall not extend to an International Financial Services Centre set up under sub-Section (1) of
Section 18 of the Special Economic Zones Act, 2005 (28 of 2005);
(b) shall be exercisable by the International Financial Services Centres Authority established under
sub-Section (1) of Section 4 of the International Financial Services Centres Authority Act, 2019, in so
far as regulation of financial products, financial services and financial institutions that are permitted in
the International Financial Services Centres are concerned.]
**58. Power of the Central Board to make regulations.—(1) The Central Board may, with the**
previous sanction of the [2][Central Government], [6] [by notification in the Official Gazette,] make
regulations consistent with this Act to provide for all matters for which provision is necessary or
convenient for the purpose of giving effect to the provisions of this Act.
(2) In particular without prejudice to the generality of the foregoing provision, such regulations may
provide for all or any of the following matters, namely:—
7* - - -
(f) the manner in which the business of the Central Board shall be transacted, and the procedure
to be followed at meetings thereof;
(g) the conduct of business of Local Boards and the delegation to such Boards of powers and
functions;
(h) the delegation of powers and functions of the Central Board [8]*** to Deputy Governors,
Directors or officers of the Bank;
(i) the formation of Committees of the Central Board, the delegation of powers and functions of
the Central Board to such Committees, and the conduct of business in such Committees;
(j) the constitution and management of staff and superannuation funds for the officers and
servants of the Bank;
(k) the manner and form in which contracts binding on the Bank may be executed;
(l) the provision of an official seal of the Bank and the manner and effect of its use;
(m) the manner and form in which the balance-sheet of the Bank shall be drawn up and in which
the accounts shall be maintained;
(n) the remuneration of Directors of the Bank;
(o) the relations of the scheduled banks with the Bank and the returns to be submitted by the
scheduled banks to the Bank;
(p) the regulation of clearing-houses for the [9][banks (including post office savings banks)];
10[(pp) the regulation of fund transfer through electronic means between the banks or between the
banks and other financial institutions referred to in clause (c) of section 45-I, including the laying
1. Subs. by Act 19 of 1957, s. 5, for “Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 8-6-1957).
2. Subs. by the M.O. 1937, for “G.G. in C.”.
3. Subs. by ibid., for “he may direct”.
4. Sub-section (2) omitted by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
5. Ins. by Act 50 of 2019, s. 33 and the second Schedule (w.e.f. 1-10-2020).
6. Ins. by Act 66 of 1988, s. 6 (w.e.f. 30-12-1988).
7. Clauses (a) to (e) omitted by Act 62 of 1948, s. 7 and the Schedule (w.e.f. 1-1-1949).
8. The words “to the Governor, or” omitted by Act 54 of 1953, s. 8 (w.e.f. 30-12-1953).
8. Subs. by Act 66 of 1988, s. 6, for “the scheduled banks” (w.e.f. 30-12-1988).
9. Ins. by Act 21 of 2000, s. 94 and the Fourth Schedule (w.e.f. 9-6-2000).
-----
down of the conditions subject to which banks and other financial institutions shall participate in such
fund transfers, the manner of such fund transfers and the rights and obligations of the participants in
such fund transfers;]
(q) the circumstances in which, and the conditions and limitations subject to which, the value of
any lost, stolen, mutilated or imperfect currency note of the Government of India or bank note may be
refunded;
1 [(qa) the remuneration and other allowances payable to Members of the Monetary Policy
Committee under sub-section (2) of section 45ZD;
(qb) the functions of the Secretary under sub-section (2) of section 45ZG;
(qc) the procedure, manner of conducting of meetings and related matters of the Monetary Policy
Committee under sub-section (12) of section 45ZI;
(qd) the particulars and the frequency of publication of document under sub-section (2) of section
45ZJ;
(qe) the form and contents of the Monetary Policy Report to be published under sub-section (2) of
section 45ZM;] and
(r) generally, for the efficient conduct of the business of the Bank.
2[(3) Any regulation made under this section shall have effect from such earlier or later date as may
be specified in the regulation.
(4) Every regulation shall, as soon as may be after it is made by the Central Board, be, forwarded to
the Central Government and that Government shall cause a copy of the same to be laid before each House
of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the regulation, or both Houses agree that the regulation should not be made, the regulation shall,
thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that regulation.]
3[(5)] Copies of all regulations made under this section shall be available to the public on payment.
4[58A. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding
shall lie against the Central Government or the Bank or any other person in respect of anything which is
in good faith done or intended to be done under this Act or in pursuance of any order, regulation or
direction made or given thereunder.
(2) No suit or other legal proceeding shall lie against the Central Government or the Bank for any
damage caused or likely to be caused by anything which is in good faith done or intended to be done
under this Act or in pursuance of any order, regulation or direction made or given thereunder.]
5[CHAPTER V
PENALTIES
**58B. Penalties.—(1) Whoever in any application, declaration, return, statement, information or**
particulars made, required or furnished by or under or for the purposes of any provisions of this Act, or
any order, regulation or direction made or given thereunder or in any prospectus or advertisement issued
for or in connection with the invitation by any person, of deposits of money from the public wilfully
makes a statement which is false in any material particular knowing it to be false or willfully omits to
make a material statement shall be punishable with imprisonment for a term which may extend to three
years and shall also be liable to fine.
1. Ins. by Act 28 of 2016, s. 223 (w.e.f. 27-6-2016).
2. Ins. by Act 51 of 1974, s. 24 (w.e.f. 13-12-1974).
3. Sub-section (3) renumbered as sub-section (5) thereof by s. 24, ibid. (w.e.f. 13-12-1974).
4. Ins. by s. 25, ibid. (w.e.f. 13-12-1974).
5. Ins. by s. 26, ibid. (w.e.f. 13-12-1974).
-----
(2) If any person fails to produce any book, account or other document or to furnish any statement,
information or particulars which, under this Act or any order, regulation or direction made or given
thereunder, it is his duty to produce or furnish or to answer any question put to him in pursuance of the
provisions of this Act or of any order, regulation or direction made or given thereunder, he shall be
punishable with fine which may extend to [1][one lakh rupees] in respect of each offence and if he persists
in such failure or refusal, with further fine which may extend to [2][five thousand rupees] for every day,
after the first during which the offence continues.
(3) If any person contravenes the provisions of section 31, he shall be punishable with fine which may
extend to the amount of the bill of exchange, _hundi, promissory note or engagement for payment of_
money in respect whereof the offence is committed.
(4) If any person discloses any credit information, the disclosure of which is prohibited under section
45E, he shall be punishable with imprisonment for a term which may extend to six mounts, or with fine
which may extend to one thousand rupees, or with both.
3[(4A) If any person contravenes the provisions of sub-section (1) of section 45-IA, he shall be
punishable with imprisonment for a term which shall not be less than one year but which may extend to
five years and with fine which shall not be less than one lakh rupees but which may extend to [4][twentyfive lakh rupees].
(4AA) If any auditor fails to comply with any direction given or order made by the Bank under
section 45MA, he shall be punishable with fine which may extend to [5][ten lakh rupees].
(4AAA) Whoever fails to comply with any order made by the Company Law Board under
sub-section (2) of section 45QA, shall be punishable with imprisonment for a term which may extend to
three years and shall also be liable to a fine of not less than [6][five thousand rupees] for every day during
which such non-compliance continues.]
(5) If any person [7][other than an auditor]—
(a) receives [8][any deposit without being authorised so to do or] in contravention of any direction
given or order made under Chapter IIIB; or
1[(aa) fails to comply with any direction given or order made by the Bank under any of the
provisions of Chapter IIIB; or]
(b) issues any prospectus or advertisement otherwise than in accordance with [9][section 45J] or
any order made under section 45], as the case may be,
he shall be punishable with imprisonment for a term which may extend to three years and shall also be
liable to fine which may extend,—
(i) in the case of a contravention falling under clause (a), to twice the amount of the deposit
received; and
(ii) in the case of a contravention falling under clause (b), to twice the amount of the deposit
called for by the prospectus or advertisement.
10
[(5A) If any person contravenes any provision of section 45S, he shall be punishable with
imprisonment for a term which may extend to two years, or with fine which may extend to twice the
1. Subs. by Act 23 of 2019, s. 142, for “two thousand rupees” (w.e.f. 9-8-2019).
2. Subs. by s. 142, ibid., for “one hundred rupees” (w.e.f. 9-8-2019).
3. Ins. by Act 23 of 1997, s. 10 (w.e.f. 9-1-1997).
4. Subs. by Act 23 of 2019, s. 142, for “five lakh rupees” (w.e.f. 9-8-2019).
5. Subs. by s. 142, ibid., for “five thousand rupee” (w.e.f. 9-8-2019).
6. Subs. by s. 142, ibid., for “rupees fifty” (w.e.f. 9-8-2019).
7. Ins. by Act 23 of 1997, s. 10 (w.e.f. 9-1-1997).
8. Subs. by Act 23 of 2019, s. 142, for “any deposit” (w.e.f. 9-8-2019).
9. Subs. by s. 142, ibid., for the “section 45NA” (w.e.f. 9-8-2019).
10. Ins. by Act 1 of 1984, s. 11 (w.e.f. 15-2-1984).
-----
amount of deposit received by such person in contravention of that section, or two thousand rupees,
whichever is more, or with both:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the
judgment of the court, the imprisonment shall not be less than one year and the fine shall not be less than
one thousand rupees.
(5B) Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of
1974), it shall be lawful for Metropolitan Magistrate or a Judicial Magistrate of the first class to impose a
sentence of the fine in excess of the limit specified in that section on any person convicted under
sub-section (5A).]
(6) If any other provision of this Act is contravened of if any default is made in complying with any
other requirement of this Act or of any order, regulation or direction made or given or condition imposed
thereunder, any person guilty of such contravention or default shall be punishable with fine which may
extend to [1][one lakh rupees] and where a contravention or default is a continuing one, with further fine
which may extend to [2][ten thousand rupees] for every day, after the first, during which the contravention
or default continues.
**58C. Offences by companies.—(1) Where a person committing a contravention or default referred to**
in section 58B is a company, every person who, at the time the contravention or default was committed,
was in charge of, and was responsible to, the company for the conduct of the business of the company, as
well as the company, shall be deemed to be guilty of the contravention or default and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to punishment
if he proves that the contravention or default was committed without his knowledge or that he had
exercised all due diligence to prevent the contravention or default.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the same was committed with the consent or connivance of,
or is attributable to any neglect on the part of, any director, manager, secretary, or other officer or
employee of the company, such director, manager, secretary, other officer or employee shall also be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
_Explanation 1.—Any offence punishable under this Act shall be deemed to have been committed at_
the place where the registered office or the principal place of business, as the case may be, in India, of the
company is situated.
_Explanation 2.—For the purpose of this section,—_
(a) “a company” means any body corporate and includes a corporation, a non-banking institution,
a firm, a co-operative society or other association of individuals;
(b) “director”, in relation to a firm, means a partner in the firm.
**58D. Application of section 58B barred.—Nothing contained in section 58B shall apply to, or in**
respect of, any matter dealt with in section 42.
**58E. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under**
this Act except upon a complaint in writing made by an officer of the Bank, generally or specially
authorised in writing in this behalf by the Bank, and no court other than that of a Metropolitan Magistrate
or a Judicial Magistrate of the first class or a court superior thereto shall try any such offence:
3 [Provided that in respect of any offence punishable under sub-section (5A) of section 58B, a
complaint in writing may also be made by an officer of the State Government, generally or specially
authorised in writing in this behalf by that Government.]
1. Subs. by Act 23 of 2019, s. 142 for “two thousand rupees” (w.e.f. 9-8-2019).
2. Subs. by s. 142, ibid., for “one hundred rupees” (w.e.f. 9-8-2019).
3. Added by Act 1 of 1984, s. 12 (w.e.f. 15-2-1984).
-----
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) a
Magistrate may, if he see reason so to do, dispense with the personal attendance of the officer of the Bank
filing the complaint, but the Magistrate may in his discretion, at any stage of the proceedings, direct the
personal attendance of the complainant.
**58F. Application of fine.—A Court imposing any fine under this Act may direct that the whole or**
any part thereof shall be applied in, or towards payment of, the costs of the proceedings.]
1[58G. Power of Bank to impose fine.—(1) Notwithstanding anything contained in section 58B, if
the contravention or default of the nature referred to in section 58B is committed by a non-banking
financial company, the Bank may impose on such non-banking financial company—
(a) a penalty not exceeding [2][twenty-five thousand]; or
(b) where the contravention or default is under sub-section (4A) or clause (a) or clause (aa) of
sub-section (5) of section 58B, a penalty of [3][ten lakh] rupees or twice the amount involved in such
contravention or default, where the amount is quantifiable, whichever is more; and where such
contravention or default is a continuing one, further penalty which may extend to [4][one lakh] rupees
for every day, after the first, during which the contravention or default continues.
(2) For the purpose of imposing penalty under sub-section (1), the Bank shall serve a notice on the
non-banking financial company requiring it to show cause why the amount specified in the notice should
not be imposed as a penalty and a reasonable opportunity of being heard shall also be given to such
non-banking financial company.
(3) Any penalty imposed by the Bank under this section shall be payable within a period of thirty
days from the date on which notice issued by the Bank demanding payment of the sum is served on the
non-banking financial company and, in the event of failure of the non-banking financial company to pay
the sum within such period, may be levied on a direction made by the principal civil court having
jurisdiction in the area where the registered office or the head office of the non-banking financial
company is situated:
Provided that no such direction shall be made, except on an application made by an officer of the
Bank authorised in this behalf, to by the principal civil court.
(4) The court which makes a direction under sub-section (4), shall issue a certificate specifying the
sum payable by the non-banking financial company and every such certificate shall be enforceable in the
same manner as if it were a decree made by the court in a civil suit.
(5) No complaint shall be filed against any non-banking financial company in any court of law
pertaining to any contravention or default in respect of which any penalty has been imposed by the Bank
under this section.
(6) Where any complaint has been filed against a non-banking financial company in a court in respect
of contravention or default of the nature referred to in section 58B, no proceedings for imposition of
penalty against that non-banking financial company shall be taken under this section.]
**59.** [Amendment of Act 3 of 1906 (Repealed)].—Rep. by the Repealing and Amending Act, 1937
(20 of 1937), s. 3 and the Second Schedule (w.e.f. 14-4-1937).
**60. [Repeals].—Rep. by s. 3 and the Second Schedule, ibid. (w.e.f. 14-4-1937).**
**61. [Amendment of section II, Act VII of 1913].—Rep. by s. 3 and the Second Schedule, ibid. (w.e.f.**
14-4-1937).
1. Ins. by Act 23 of 1997, s. 11 (w.e.f. 9-1-1997).
2. Subs. by Act 23 of 2019, s. 143 for “five thousand” (w.e.f. 9-8-2019).
3. Subs. by s. 143, ibid., for “five lakh” (w.e.f. 9-8-2019).
4. Subs. by s. 143, ibid., for “twenty-five thousand” (w.e.f. 9-8-2019).
-----
1[THE FIRST SCHEDULE
[See section 9]
2
[1. The Western Area shall consist of the States of Goa, Gujarat, Madhya Pradesh and
Maharashtra and the Union territories of Dadra and Nagar Haveli, and Daman and Diu.
2. The Eastern Area shall consist of the States of Arunachal Pradesh, Assam, Bihar, Manipur,
Meghalaya, Mizoram, Nagaland, Orissa, Sikkim, Tripura and West Bengal and the Union
territories of Andaman and Nicobar Islands.]
3. The Northern Area shall consist of the States of Jammu and Kashmir, [3] [Punjab,
Haryana,] [4] [Himachal Pradesh], Rajasthan and Uttar Pradesh and the Union territories of
5[Chandigarh] 6[and Delhi].
4. The Southern area shall consist of the States of Andhra Pradesh, [7][Karnataka], [8][Tamil Nadu]
and Kerala and the [9][Union territories of Pondicherry and [10][Lakshadweep]].]
1. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for the former First Schedule.
2. Subs. by Act 23 of 1997, s. 12, for items 1 and 2 (w.e.f. 9-1-1997).
3. Subs. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968, for “Punjab”
(w.e.f. 1-11-1956).
4. Ins. by the State of Himachal Pradesh (Adaptation of Laws on Union Subjects) Order, 1973 (w.e.f. 25-1-1971).
5. Ins. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968 (w.e.f. 1-11
1966).
6. Subs. by the State of Himachal Pradesh (Adaptation of Laws on Union Subjects) Order, 1973, for “Himachal Pradesh and
Delhi” (w.e.f. 25-1-1971).
7. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, for “Mysore”
(w.e.f. 1-11-1973).
8. Subs. by the Madras State (Alteration of Name) Adaptation of Laws on Union Subjects) Order, 1970, for “Madras”
(w.e.f. 14-1-1969).
9. Subs. by Reg. 7 of 1963, s. 8, for “Union territory of Laccadive, Minicoy and Admindivi Islands”.
10. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974, for
“Laccadive, Minicoy and Amindivi Islands.” (w.e.f. 1-11-1973).
-----
1THE SECOND SCHEDULE
[See section 42 and section 2(e)]
SCHEDULED BANKS
AbhyudayaCo-operativeBankLtd.,Bombay.
2* - - - *.
AhmednagarSahakari Bank Ltd., Mumbai (1998)
Ajodhia Bank, Fyzabad.
3* - - - *.
Akola Janta Commercial Co-operative Bank Ltd., Akola (Maharashtra). (w.e.f. 22-5-1999).
Akola Urban Co-operative Bank Ltd., Akola (Maharashtra).
4* - - -
Algemene Bank Nederland N.V.
5* - - -
Allahabad Bank.
6* - - - *.
7[Allahabad UP Gramin Bank Uttar Pradesh.]
8* - - -
Amahath Co-operative Bank Ltd., Bangalore (Karnataka) (w.e.f. 29-1-2002).
9* - - -
10* - - -
11[American Express Banking Corp.]
American Express International Banking Corporation.
ANZ Grindlays Bank Limited (6-8-1996).
Andhra Bank.
12[Andhra Pradesh GrameenaVikas Bank, Warangal (Andhra Pradesh)]
Andhra Pradesh State Co-operative Bank Ltd., Hyderabad.
12[Andhra PragathiGrameena Bank, Kadape (Andhra Pradesh)]
1. This Schedule was amended by the India and Burma (Burma Monetary Arrangements) Order, 1937; Act 23 of 1955; Act 79 of
1956 and Act 38 of 1959 and by notifications under section 42(6) of this Act from time to time.
2. “AdhiyamanGrama Bank, Dharampuri, Tamil Nadu” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05100/2008-09, dated 22nd September, 2008.
3. “Akola Gramin Bank, Akola, Maharashtra” excluded by RBI Notification No. RPCD.CO. RRB. No. 7431/03.05.100/2008-09,
dated 27th January, 2009.
4. “AlaknandaGramin Bank, Pauri (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
5. “Aligarh Gramin Bank, Aligarh (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
6. “Allahabad KshetriyaGramin Bank, Allahabad, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
7. Included by RBI Notification No. RPCD.CO. RRB. No. 11377/3.5.100/2010-11, dated 31st March, 2011.
8. “AlwarBharatpurAnchalikGramin Bank, Bharatpur (Rajasthan)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
9. “Ambala-KurukshetraGramin Bank LTD., Ambala (Haryana)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
10. “American Express Bank Ltd.” excluded by RBI Notification No. DBOD.IBD. No. 2095/ 23.13.019/2007-08, dated 5th
March, 2008.
11. Included by RBI Notification No. DBOD.IBD. No. 8739/23.03.018/2008-09, dated 4th December, 2008.
12. Included by RBI Notification No. RPCD.CO. RRB. No. 3231/03.05.100/2008-09, dated 22nd September, 2008.
-----
Arab Bangladesh Bank Limited (10-6-1996).
1* - - -
Arunachal Pradesh Rural Bank, Pasighat (Arunachal Pradesh).
2* - - -
3[Assam GraminVikash Bank, Guwahati, Assam]
4* - - -
5[Australia and New Zealand Banking Group Limited]
6* - - -
AvaroliKshetriyaGramin Bank SawaiMadhopur (Rajasthan) (1981)
7[Axis Bank Ltd.]
8* - - -
9* - - -
10* - - -
11* - - -
12[Bandhan Bank Limited]
13[BangiyaGraminVikasBank, Berhampore (West Bengal)]
14* - - -
Bank International, Indonesia (18-4-1996).
15* - - -
Bank of America National Association.
Bank of Bahrain and Kuwait BSC (1986).
Bank of Baroda.
Bank of China, Calcutta.
Bank of Cochin Ltd., Ernakulam.
1. “AravaliKshetriyaGramin Bank, SwaiMadhopur (Rajasthan)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
2. “AryavartGramin Bank, Lucknow, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No.
3231/03.05.100/2008-09, dated 22nd September, 2008.
3. Included by RBI Notification No. RPCD.CO. RRB. No. 7430/03.05.100/2008-09, dated 27th January, 2009.
4. “Aurangabad JalnaKshetriyaGramin Bank, Aurangabad (Maharashtra)” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
5. Included by RBI Notification No. DBOD.IBD. No. 19042/23.03.024/2010-11, dated 7th June, 2011.
6. “AvadhGramin Bank, Hardoi (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008
09, dated 22nd September, 2008.
7. Name of “UTI Bank LTD.” changed to “Axis Bank LTD.” by Notification DBOD. No. PSBD.1174/1601.127/2007-08, dated
2nd August, 2007 (w.e.f. 30-7-2007).
8. “Baitarani Gramya Bank, Baripada (Odisha)” excluded by RBI Notification No. RPCD.CO. RRB. No. 47/03.05.100/2013-14,
dated 22nd October, 2011.
9. "BalasoreGramya Bank, Balasore (Orissa)" excluded by RBI Notification No. RPCD.CO. RRB. BC. No. 95/03.05.100/2013
14, dated 9th April, 2014.
10. “Ballia-EtawahGramin Bank, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No. 47/03.05.100/2013-14, dated
22nd October 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No. 1137[7]/3.5.100/2010-11, dated 31st March,
2011.
11. “BalliaKshetriyaGramin Bank, Ballia (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
11379/3.5.100/2010-11, dated 31st March, 2011.
12. Included by RBI Notification No. DBR.PSBD. No. 342[7]/16.01.0145/2015-16, dated 3rd September, 2015.
13. Included by RBI Notification No. RPCD.CO. RRB. No. 7812-A/03.05.100/2009-10, dated 21st January, 2010.
14. “BanaskanthaMehsanaGramin Bank, Patan (Gujarat)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
15. “Bank Muscat” excluded by Notification No. Ret. BC. No. 73/12.06.115/2003-04, dated 2nd April, 2004.
-----
Bank of Credit and Commerce International (Overseas) Ltd.
Bank of Cylon (30-12-1995).
Bank of India
Bank of Karad Ltd., Karad.
Bank of Karnataka,Hubli.
Bank of Kerala Ltd.
Bank of Madura Ltd., Madurai.
Bank of Maharashtra.
Bank of Nova Scotia.
Bank of Oman Ltd.
1* - - -
2* - - -
Bank of Tamilnadu Ltd.
Bank of Thanjavur Ltd.
3[Bank of Tokyo Mitsubishi UFG Ltd.]
Banque Indosuez.
BanqueNationale de Paris.
4* - - -
5* - - -
Bareilly Corporation Bank Ltd., Bareilly.
6* - - -
7[Baroda Gujarat Gramin Bank, Bharuch (Gujarat).]
8[Baroda Rajasthan KshetriyaGramin Bank, Ajmer, Rajasthan].
9* - - -
10[Baroda Uttar Pradesh Gramin Bank, Raebareli, Uttar Pradesh.]
11* - - -
12* - - -
1. Bank of Punjab Ltd." excluded by Notification DBOD. No. PSBD 353/16.01.130/2005-06, dated 7th October, 2005 (w.e.f. 1
10-2005).
2. “Bank of Rajasthan Ltd.” excluded by RBI Notification No. DBOD. No. PSBD/2866/16.01.056/ 2010-11, dated 18th August,
2010 (w.e.f. 13-8-2010).
3. Subs. by Notification No. DBOD. No. IBD. No. 937/23.03-007/2005-2006, dated 26th December, 2005, for “The Bank of
Tokyo Mitsubishi Ltd.”
4. “Bara BankiGramin Bank, Bara Banki (Uttar Pradesh)” excluded by RBI Notification 4o. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
5. “BardhamanGramin Bank. Burdwan (West Bengal)” excluded by RBI Notification No. RPCD.CO. RRB. BC. No.
95/03.05.100/2013-14, dated 9th April, 2014.
6. “Bareilly KshetriyaGramin Bank, Bareilly, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
7. Included by RBI Notification No. RPCD.CO. RRB. No. 3231/03.05.100/2008-09, dated 22nd September, 2008.
8. Included by RBI Notification No. RPCD.CO. RRB. No. 55/03.05.100/2013-14, dated 14th November, 2013.
9. “Baroda Rajasthan Gramin Bank, Ajmer, Rajasthan” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013.
10. Included by RBI Notification No. RPCD.CO. RRB. No. 7430/03.05.100/2008-09, dated 27th January, 2009.
11. “BastarKshetriyaGramin Bank, Jagdalpur, Chhatisgarh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
12. “BastiGramin Bank, Basti, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No. 7431/03.05.100/2008-09,
dated 27th January, 2009.
-----
1* - - -
2* - - -
3* - - -
4* - - -
5* - - -
6[Bharat Co-operative Bank (Mumbai) Ltd., Mumbai.]
Bharat Overseas Bank Ltd., Madras.
BharatiSahakari Bank Ltd., Pune- 411030 (Maharashtra) (w.e.f. 1-6-2002).
7* - - -
8* - - -
BidurGramin Bank, Bijnor (U.P.) (1983).
9[Bihar Gramin Bank, Bagusarai, Bihar.]
10* - - -
Bihar State Co-operative Bank Ltd., Patna.
11* - - -
12* - - -
13* - - -
14* - - -
Bombay Mercantile Co-operative Bank Ltd., Bombay.
15* - - -
1. “BegusaraiKshetriyaGramin Bank, Begusarai (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812
B/03.05.100/2009-10, dated 21st January, 2010.
2. “Benaras State Bank Ltd.” excluded by Notification No. DBOD. No. PSBD. 1326/16.01.070/ 003-2004, dated 1st July, 2003.
3. “Bhagalpur-Banka KshetriyaGramin Bank, Bhagalpur (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812
B/03.05.100/2009-10, dated 21st January, 2010.
4. "BhagirathGramin Bank, Sitapur (Uttar Pradesh)" excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
5. “BhandaraGramin Bank, Bhandara (Mahrashtra)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812
B/03.05.100/2009-10, dated 21st January, 2010.
6. Subs. by Notification No. UBD. No. BR. 150/16.05.00/97-98, dated 3rd April, 1998, for “Bharat Co-operative Bank Ltd.,
Mumbai, Maharashtra”.
7. “Bhilwara Ajmer Kshetriya Gamin Bank (Rajasthan)” excluded by RBI Notification No. RPCD.CO. RRB. No. 1782
B/03.05.100/2009-10, dated 21st January, 2010.
8. “BhojpurRohtasGramin Bank, Arrah (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008
09, dated 22nd September, 2008.
9. Included by RBI Notification No. RPCD.CO. RRB. No. 55/03.05.100/2013-14, dated 14th November, 2013.
10. “Bihar KshetriyaGramin Bank, Munger, Bihar” excluded by RBI Notification No. RPCD.CO. RRB. No. 56/03.05.100/2013
14, dated 14th November, 2013. Earlier it was included by RBI Notification No. RPCD.CO. RR''. No. 7812A/03.05.100/2009-10, dated 21st January, 2010.
11. “BijapurGrameena Bank, Bijapur (Karnataka)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
12. “Bikaner KshetriyaGramin Bank, Bikaner, Rajasthan” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
13. “Bilaspur Raipur KshetriyaGramin Bank, Bilaspur, Chhatisgarh” excluded by RBI Notification No. RPCD.CO. RRB.N.
"131/03.05.100/2008-09, dated 27th January, 2009.
14. “BolangirAnclalikGramya Bank, Bolangir (Orissa)” excluded by RBI Notification No. RPCD.CO. RRB. No.
11379/3.5.100/2010-11, dated 31st March, 2011.
15. “British Bank of the Middle East”, omitted by Notification No. DBOD.IBS.817/23, 13. 022/ 99, dated 25th September, 1999.
-----
1* - - -
2* - - -
3* - - -
4* - - -
Canara Bank.
Canara Industrial and Banking Syndicate, Udipi.
Catholic Syrian Bank Ltd., Trichur.
5* - - -
6* - - -
Central Bank of India.
7[Central Madhya Pradesh Gramin Bank, Chhindwara, Madhya Pradesh.]
8[Centurion Bank of Punjab Limited]*.
9* - - -
6[Chaitanya Godavari Grameena Bank, Guntur, (Andhra Pradesh).]
10* - - -
11* - - -
12* - - -
13* - - -
14* - - -
Chase Manhattan Bank (17-8-1996).
1. “BuldhanaGramin Bank, Buldhana, Maharashtra” excluded by RBI Notification No. RPCD. CC. P RB . No.
7431/03.05.100/2008-09, dated 27th January, 2009.
2. “BundelkhandKshetriyaGramin Bank, Tikamgarh (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
3. “Bundi-ChhittorgarhKshetriyaGramin Bank, Bundi (Rajasthan)” excluded by RBI Notification No. RPCD.CO. RRB. No.
7812-B/03-05.100/2009-10, dated 21st January, 2010.
4. “CacharGramin Bank, Silchar Assam” excluded by RBI Notification No. RPCD.CO. RRB. No. 7431/03.05.100/2008-09,
dated 27th January, 2009.
5. “Cauvery Grameena Bank, Mysore (Karnataka)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
6. “Cauvery KalpatharuGrameena Bank, Mysore, Karnataka” excluded by RBI Notification No. RPCD.CO. RRB. No.
47/03.05.100/2013-14, dated 22nd October 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No.
3231/03.05.100/2008-09, dated 22nd September, 2008.
7. Included by RBI Notification No. RPCD.CO. RRB. No. 55/03.05.100/2013-14, dated 14th November, 2013.
8. Subs. by Notification No. DBOD. No. PSBD. 390/16-01/130/2005-06, dated 21st October, 2005, for “Centurion Bank
Limited”.
*** Ed.-"Centurion Bank of Punjab" has been merged with HDFC Bank with effect from 23rd May, 2008.**
9. “ChaitanyaGrameena Bank, Tenali, Guntur (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
10. “Chambal KshetriyaGramin Bank, Morena (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
7812-B/03-05.100/2009-10, dated 21st January, 2010.
11. “ChamparanKshetriyaGramin Bank, Motihari (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
12. “ChandrapurGadchiroliGramin Bank, Chandrapur (Maharastra)” excluded by RBI Notification No. RPCD.CO. RRB. No.
7812-B/03-05.100/2009-10, dated 21st January, 2010.
13. “Charminar Co-operative Urban Bank Ltd., Hyderabad (Andhra Pradesh)” omitted by Notification No. F. No. UBD/CO/BSD
III/12.24.013/2011-12, dated 24th November, 2011.
14. “CharotarNagrikSahakari Bank Ltd., Anand (Gujarat)” excluded by Notification No. UBD. CO. BSD (SCB) 12.03.208/2003
04, dated 11th August, 2003.
-----
1* - - -
2* - - -
3[ChattisgarhRajyaSahakari Bank Maryadit, Raipur].
4[Chhattisgarh RajyaGramin Bank, Raipur, Chhattisgarh.]
5* - - -
6* - - -
Chinatrust Commercial Bank (22-6-1996).
7* - - -
Citi Bank N.A.
City Union Bank Ltd.
Commerce Bank AG (1996).
Commercial Bank of Korea Ltd. (10-5-1997).
8[Commonwealth Bank of Australia.]
Comptoir National D’ Escompte de Paris.
9* - - -
Corporation Bank.
10[Credit Agricale Corporate Investment Bank.]
11* - - -
12[Credit Suisee A.G.]
13* - - -
14[DBS Bank Limited].
15* - - -
1. “ChattrasalGramin Bank, Orai (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008
09, dated 22nd September, 2008.
2. “Chhattisgarh Gramin Bank, Raipur, Chhattisgarh” excluded by RBI Notification No. RPCD.CO. RRB. BC. No.
99/03.05.100/2013-14, dated 8th Mav, 2014. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No.
7430/03.05.100/2008-09, dated 27th January, 2009.
3. Included by RBI Notification No. RPCD.RCB. BC No. 34/07.04.007/2013-14, dated 16th September, 2013.
4. Included by RBI Notification No. RPCD.CO. RRB. BC No. 98/03.05.100/2013-14, dated 8th May, 2014.
5. “Chhindawara - SeoniKshetriyaGramin Bank, Chhindawara (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO.
RRB. No. 7812-B/03-05.100/2009-10, dated 21st January, 2010.
6. “Chikmagalur-KodaguGrameena Bank, Chikmagalur, Karnataka” excluded by RBI Notification No. RPCD.CO. RRB. No.
47/03.05.100/2013-14, dated 22nd October 2013.
7. “ChitradurgaGramin Bank, Chitradurga (Karnataka)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
8. Included by RBI Notification No. DBOD.IBD. No. 16082/23.13.127/2009-10, dated 19th March, 2010.
9. “The Co-operative Bank of Ahmedabad Ltd., Ahmedabad”, excluded by Notification No. UBD/CO/BCD/01/12.22.040 /2005
2006, dated 20th June, 2006.
10. Subs. by RBI Notification No. 16813/23.13.025/2009-10, dated 31st March, 2010, for “Calyon Bank”. Earlier the words
“Calyon Bank” were substituted by Notification No. Ret. BC. No. 2/ 12.06.063/2004-05, dated 6th July, 2004, for the words
“Credit Agricale Indosuez”.
11. “Credit Lyonnais Bank” excluded by Notification No. Ret. BC. No. 1/12.06.115/2004-05, dated 6th July, 2004.
12. Included by Notification No. DBOD.IBD. No. 13983/23.03.025/2010-11, dated 8th March, 2011.
13. “Cuttack Gramya Bank, Cuttack (Orissa)” excluded by RBI Notification No. RPCD.CO. RRB. BC. No. 95/03.05.100/2013
14, dated 9th April, 2014.
14. Subs. by Notification No. BC. 29/12.06.096/2003-04, dated 6th October, 2003, for “Development Bank of Singapore Limited
1995”.
15. “Damoh-Panna-SagarKshetriyaGramin Bank, Damoh (Madhya Pradesh)” excluded by RIM Notification No. RPCD.CO. RRB.
No. 3230/03.05.100/2008-09, dated 22nd September, 2008.
-----
1[Deccan Grameena Bank, Rangareddy (Andhra Pradesh).]
Dena Bank, Bombay.
1[Dena Gujarat Gramin Bank, Gandhi Nagar (Gujarat).]
Deutsche Bank A.G. (1988).
Development Co-operative Bank Ltd., Bombay (1995).
Development Credit Bank Limited (1995).
2* - - -
3* - - -
4[Dhanalakshmi Bank Ltd.]; Trichur.
5* - - -
6* - - -
7* - - -
8* - - -
Eastern Bank.
EllaquaiDehati Bank, Srinagar (Jammu & Kashmir).
Emirates Commercial Bank Ltd.
9* - - -
10* - - -
European Asian Bank.
11* - - -
FaridkotBhatindaKshetriyaGramin Bank, Bhatinda (Punjab).
12* - - -
13* - - -
1. Included by RBI Notification No. RPCD.CO. RRB. No. 3231/03.05.100/2008-09, dated 22nd September, 2008.
2. “Devi PatanKshetriyaGramin Bank, Gonda, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
3. “DewasShajapurKshetriyaGramin Bank, Dewas (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB.
No. 3230/03.05.100/2008-09, dated 22nd September, 2008.
4. Subs. by Notification No. DBOD.PSBD. 7516/16.01.061/2010-11, dated 3rd November, 2010, for “The Dhanalakshmi Bank
Limited”.
5. “DhenkanalGramya Bank, Dhenkanal (Orissa)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
6. “Dresdner Bank AG” excluded by Notification No. IBS 61[2]/23-13-063/2002-2003, dated 21st September, 2002.
7. “Dungarpur-BanswaraKshetriyaGramin Bank Dungarpur (Rajasthan)” excluded by RBI Notification No. RPCD.CO. RRB.
No. 7812-B/03-05.100/2009-10, dated 21st January, 2010.
8. “Durg-RajanandgaonGramin Bank, Rajanandgaon, Chhattisgarh” excluded by RBI Notification No. RPCD.CO. RRB. BC. No.
99/03.05.100/2013-14, dated 8th May, 2014.
9. “EtahGramin Bank, Etah (Uttar Pradesh)" excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008-09,
dated 22nd September, 2008.
10. “EtawahKshetriyaGramin Bank, Etawah (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
11379/3.5.100/2010-11, dated 31st March, 2011.
11. “FaizabadKshetriyaGramin Bank, Faizabad, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
12. “Farook College Employees' Co-operative Society Ltd.,” ceased to be a Co-operative Bank, vide Notification No. 4BD. BR.
128/16.43.300/95-96, dated 1st September, 1995.
13. “FarrukhabadGramin Bank, Farrukhabad (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
-----
1* - - -
Federal Bank Ltd.,Alwaye.
Fuji Bank Limited (20-7-1996).
Gadodia Bank, Bombay.
2* - - -
3* - - -
4* - - -
General Bank of Netherlands.
5* - - -
6* - - -
Goa State Co-operative Bank Ltd. (1994).
7* - - -
8* - - -
9* - - -
10* - - -
11* - - -
12[Gramin Bank of Aryavart, Lucknow, Uttar Pradesh.]
Grindlays Bank P.L.C.
Gujarat State Co-operative Bank Ltd., Ahmedabad.
13* - - -
Gurgaon Gramin Bank, Gurgaon (Haryana).
14* - - -
1. “FatehpurKshetriyaGramin Bank, Fatehpur, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
2. “The Ganesh Bank of Kurundwad Ltd.” excluded by Notification DBOD. No. PSBD.2915/ 16.01.103/2006-07, dated 26th
September, 2006 (w.e.f. 21-10-2006).
3. “Ganga Yamuna Gramin Bank, Dehradun (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
4. “Gaur Gramin Bank, Malda (West Bengal)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03-05.100/2009
10, dated 21st January, 2010.
5. “GiridihKshetriyaGramin Bank, Giridih (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
6. “The Global Trust Bank Ltd.” excluded by Notification DBOD. No. PSBS.BC.42116. 01.129/ 2004-05, dated 15th September,
2004 (w.e.f. 20-11-2004).
7. “Godavari Grameena Bank, Rajahmundry (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
8. “Golconda Gramin Bank, Hyderabad (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
9. “Gomati Gramin Bank, Jaunpur (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
10. “GopalganjKshetriyaGramin Bank, Gopalganj (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
11. “Gorakhpur KshetriyaGramin Bank, Gorakhpur, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
12. Included by RBI Notification No. RPCD.CO. RRB. No. 55/03.05.100/2013-14, dated 14th November, 2013.
13. “Gurdaspur Amritsar KshetriyaGraminVikas Bank, Gurdaspur (Punjab)” excluded by RBI Notification No. RPCD.CO. RRB.
No. 3230/03.05.100/2008-09, dated 22nd September, 2008.
14. “Gwalior DatiaKshetriyaGramin Bank, Datia (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
7812-B/03-05.100/2009-10, dated 21st January, 2010.
-----
HDFC Bank Ltd. (1995).
Habib Bank Ltd.
1* - - -
2* - - -
Hardoi-UnnaoGramin Bank, Hardoi (Uttar Pradesh).
3[Haryana Gramin Bank, Rohtak (Haryana).]
4* - - -
Haryana State Co-operative Bank Ltd., Ambala City, with Headquarters at Chandigarh.
5* - - -
6[Himachal Pradesh Gramin Bank Mandi, Himachal Pradesh.]
7* - - -
8* - - -
Hindustan Commercial Bank Ltd., Cawnpore.
9* - - -
Hongkong and Shanghai Banking Corporation.
10* - - -
11[HSBC Bank Oman S.A.O.G.]
ICICI Bank Ltd.
12[IDBI Bank Limited.]
Indian Bank, Madras.
13
[Indian Mercantile Co-operative Bank Ltd., 26-A, Cantonment Road, Lucknow-226001 (Uttar
Pradesh) (w.e.f. 3-11-2001).]
Indian Overseas Bank, Madras.
14* - - -
1. “HadotiKshetriyaGramin Bank, Kota, Rajasthan” excluded by RBI Notification No. RPCD.CO. RRB. No. 56/03.05.100/2013
14, dated 14th November, 2013.
2. “Hamil Bank” excluded by Notification IBS. 571/23.13.086/99-2000, dated 28th August, 1999. Earlier Hamil Bank was
inserted by Notification No. DBOD. No. 2090/23.13.086/96-97, dated 12th June, 1997.
3. Included by RBI Notification No. RPCD.CO. RRB. No. 3231/03.05.100/2008-09, dated 22nd September, 2008.
4. “Haryana KshetriyaGramin Bank, Bhiwani (Haryana)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
5. “HazaribaghKshetriyaGramin Bank, Hazaribagh (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
6. Included by RBI Notification No. RPCD.CO. RRB. No. 55/03.05.100/2013-14, dated 14th November, 2013.
7. “Himachal Gramin Bank, Mandi, Himachal Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013.
8. “HindonGramin Bank, Ghaziabad (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. BC. No.
95/03.05.100/2013-14, dated 9th April, 2014.
9. “Hissar-SirsaKshetriyaGramin Bank, Hissar (Haryana)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
10. “Howrah Gramin Bank, Howrah (West Bengal)” excluded by RBI Notification No. RPCD.CO. RRB. BC. No.
95/03.05.100/2013-14, dated 9th April, 2014.
11. Subs. by RBI Notification No. DBOD.IBD. No. 4591/23.13.030/2012-13, dated 26th September, 2012, for “Oman
International Bank S.A.O.G.”.
12. Subs. by Notification DBOD.BP.BC.No. 21.01.002/2007-08, dated 16th May, 2008, for "Industrial Development Bank of
India Limited" (w.r.e.f. 7-5-2008).
13. Included by Notification No. UBD.10.BR./16-05.00/2001-2003, dated 26th September, 2001.
14. “Indore-Ujjain KshitriyaGramin Bank, Ujjain (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
-----
1* - - -
2[ING Vyasa Bank Ltd., Bangalore City.]
IndusInd Bank Limited (1994).
International Nederlanden Bank N.V. (1994).
3* - - -
4* - - -
JalgaonJantaSahakari Bank Ltd., Jalgaon (Maharashtra) (w.e.f. 29-1-2000).
Jammu and Kashmir Bank Ltd., Srinagar.
5* - - -
6[J & K Grameen Bank, Jammu & Kashmir.]
7* - - -
8* - - -
JanakalvanSahakari Bank Ltd., Chembur, Mumbai (1998).
Janalaxmi Co-operative Bank Ltd., Nashik (Maharashtra) (w.e.f. 29-1-2000)
JanataSahakari Bank Ltd., Pune.
9* - - -
10[Jharkhand Gramin Bank, Ranchi (Jharkhand)].
11[JP Morgan Chase Bank National Association].
12[JSC VTB Bank.]
13* - - -
Ka Bank NongkyndongRiKhasiJaintia (Meghalaya) (1981).
14* - - -
15* - - -
1. “ING Bank NV” excluded by Notification No. IBD.616/23.13.017/2005-06, dated 28th October, 2005.
2. Subs. by Notification No. PSBS.596/16.01.077/2002-03, 21st November, 2002, for "ING Vyasa Bank"
3. “Jaipur NagaurAnchalikGramin Bank, Jaipur (Rajasthan)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
4. “Jaipur TharGramin Bank, Jaipur (Rajasthan)” excluded by RBI Notification No. RPCD.CO. RRB. BC. No. 77/03.05.100/2013
14, dated 27th January, 2014. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No. 3231/03.05.100/2008-09,
dated 22nd September, 2008. 'CD.
5. “Jammu Rural Bank, Jammu (Jammu & Kashmir)” excluded by RBI Notification No. RPCD.CO. RRB. No.
11379/3.5.100/2010-11, dated 31st March, 2011.
6. Included by RBI Notification No. RPCD.CO. RRB. No. 11377/3.5.100/2010-11, dated 31st March, 2011.
7. “Jamnagar Gramin Bank, Jamnagar (Gujarat) (1978)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
8. “JamunaGramin Bank, Agra (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008
09, dated 22nd September, 2008.
9. “Jhabua-DharKshetriyaGramin Bank, Jhabua, Madhya Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013.
10. Included by RBI Notification No. RPCD.CO. RRB. No. 7812-A/03-05.100/2009-10, dated 21st January, 2010.
11. Subs. by Notification No. Ret. BC. 70/12.06.090/2004-05, dated 4th February, 2005, for “JP Morgan Chase Bank”.
12. Included by RBI Notification No. DBOD.IBD. No. 2091/23.13.126/2008-09, dated 30th July, 2008.
13. “Junagadh-AmreliGramin Bank, Junagadh (Gujarat)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
14. “KakathiyaGrameena Bank, Warangal (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
15. “KalahandiAnchalikaGramya Bank, Bhawanipatna (Orissa)” excluded by RBI Notification No. RPCD.CO. RRB. No.
11379/3.5.100/2010-11, dated 31st March, 2011.
-----
1[KallappannaAwadeIchalkaranjiJanataSahakari Bank Ltd., Ichalkaranji].
2* - - -
Kalupur Commercial Co-operative Bank Ltd., Ahmedabad.
KalyanJantaSahakari Bank Ltd., Kalyan (Maharashtra) (w.e.f. 29-1-2000).
Kamani Industrial Bank.
3* - - -
4* - - -
5* - - -
Kapol Co-operative Bank Ltd., Mumbai (1998).
6* - - -
Karad Urban Co-operative Bank Ltd., Karad (Maharashtra) (w.e.f. 29-1-2000).
Karbi N.C. Rural Bank, Diphu (Assam) (1982).
Karnataka Bank Ltd., Mangalore.
Karnataka State Co-operative Bank Ltd., Bangalore.
7[Karnataka VikasGrameena Bank, Dharwad (Karnataka).]
KarurVysya Bank Ltd.
7[KashiGomtiSamyutGramin Bank, Varanasi (Uttar Pradesh).]
8* - - -
9[KaveriGrameen Bank, Mysore, Karnataka.]
10[Kerala Gramin Bank, Malappuram, Kerala.]
Kerala State Co-operative Bank Ltd., Trivandrum.
Khamgaon Urban Co-operative Bank Ltd., Khamgaon (Maharashtra) (w.e.f.22-5-1999).
KhasiJaintia Rural Bank, Shillong (Meghalaya).
11* - - -
12* - - -
1. Subs. by Notification No. UBD.CO.BPD.8/16.05.000/2006-07, datd 21st May, 2007, for “IchalkaranjiJanataSahakari Bank
Ltd., Ichalkaranji”.
2. “KalpatharuGrameena Bank, Tumkur (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
3. “Kamraz Rural Bank, Sopore (Jammu & Kashmir)” excluded by RBI Notification No. RPCD.CO. RRB. No.
1137[9]/3.5.100/2010-11, dated 31st March, 2011.
4. “KanakadurgaGramin Bank, Gudivada (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
5. “KanakadurgaGramin Bank, Gudivada (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
6. “KapurthalaFirozpurKshetriyaGramin Bank, Kapurthala (Punjab)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
7. Included by RBI Notification No. RPCD.CO. RRB. No. 3231/03.05.100/2008-09, dated 22nd September, 2008.
8. “KashiGramin Bank, Varanasi (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
9. Included by RBI Notification No. RPCD.CO. RRB. No. 46/03.05.100/2013-14, dated 22nd October 2013.
10. Included by RBI Notification No. RPCD.CO. RRB. BC No. 98/03.05.100/2013-14, dated 8th May, 2014.
11. “KissanGramin Bank, Budaun, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
12. “KolarGramin Bank, Kolar (Karnataka)” excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008-09,
dated 22nd September, 2008.
-----
1* - - -
2* - - -
3* - - -
KrishnaramBaldeo Bank (Private) Ltd., Gwalior.
Krung Thai Bank Public Company Limited (25-1-1997).
4* - - -
5* - - -
Kumbakonam City Union Bank Ltd.
6* - - -
7* - - -
Lakshmi Commercial Bank Ltd.
Lakshmi Vilas Bank Ltd., Karur.
LangpiDehangi Rural Bank, Diphu (Assam).
8* - - -
9* - - -
10* - - -
11* - - -
12[Madhya Bihar Gramin Bank, Patna (Bihar).]
Madhya Pradesh RajyaSahakari Bank Maryadit, Jabalpur.
13[MadhyanchalGramin Bank, Sagar, Madhya Pradesh.]
14* - - -
1. “KoraputPanchabatiGramya Bank, Jeypore (Orissa)” excluded by RBI Notification No. RPCD.CO. RRB. No.
11379/3.5.100/2010-11, dated 31st March, 2011.
2. “KosiKshetriyaGramin Bank, Purnea (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
3. “Krishna Grameena Bank, Gulbarga (Karnataka)” excluded by RBI Notification No. RPCD.CO. RRB. BC. No.
99/03.05.100/2013-14, dated 8th May, 2014.
4. “KshetriyaGramin Bank, Hoshangabad (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812
B/03-05.100/2009-10, dated 21st January, 2010.
5. “KshetriyaKisanGramin Bank, Mainpuri, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013.
6. “Kutch Gramin Bank, Bhuj (Gujarat)” excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008-09, dated
22nd September, 2008.
7. “LakhimiGaonlia Bank, Golaghat, Assam” excluded by RBI Notification No. RPCD.CO. RRB. No. 7431/03.05.100/2008-09,
dated 27th January, 2009.
8. “Lord Krishna Bank” excluded by Notification DBOD. No. PSBD.2536/16.01.130/2007-08, dated 6th September, 2007.
9. “LucknowKshetriyaGramin Bank, Sitapur (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
11379/3.5.100/2010-11, dated 31st March, 2011. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No.
3231/03.05.100/2008-09, dated 22nd September; 2008.
10. “MadhubaniKshetriyaGramin Bank, Madhubani (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812
B/03-05.100/2009-10, dated 21st January, 2010.
11. “Madhya Bharat Gramin Bank, Sagar, Madhya Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB.
No. 3231/03.05.100/2008-09, dated 22nd September, 2008.
12. Included by RBI Notification No. RPCD.CO. RRB. No. 3231/03.05.100/2008-09, dated 22nd September, 2008.
13. Included by RBI Notification No. RPCD.CO. RRB. No. 55/03.05.100/2013-14, dated 14th November, 2013.
14. “MagadhGramin Bank, Gaya (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008-09,
dated 22nd September, 2008.
-----
1* - - -
2* - - -
3[Maharashtra Gramin Bank, Maharashtra.]
Maharashtra State Co-operative Bank Ltd., Bombay.
4* - - -
5* - - -
MalwaGramin Bank, Sangrur (Punjab).
6* - - -
7* - - -
Manipur Rural Bank, Imphal (Manipur).
8* - - -
Mapusa Urban Co-operative Bank of Goa Ltd., Mapusa (Goa).
9* - - -
10* - - -
11[MarudharaGramin Bank, Jodhpur, Rajasthan.]
12* - - -
13* - - -
14* - - -
Mehasana Urban Co-operative Bank Ltd., Mahsana (Gujarat) (w.e.f. 29-1-2000).
MellabhumGramin Bank, Bankura (1976).
MewarAnchalikGramin Bank, Udaipur (Rajasthan).
1. “MahakaushalKshetriyaGramin Bank, Narsinghpur, Madhya Pradesh” excluded by RBI Notification No. RPCD.CO.
RRB. No. 56/03.05.100/2013-14, dated 14th November, 2013.
2. “Maharashtra Godavari Gramin Bank, Aurangabad, Maharashtra” excluded by RBI Notification No. RPCD.CO. RRB.
No. 11379/3.5.100/2010-11, dated 31st March, 2011. Earlier it was included by RBI Notification No. RPCD.CO. RRB.
No. 7430/03.05.100/2008-09, dated 27th January, 2009.
3. Included by RBI Notification No. RPCD.CO. RRB. No. 11377/3.5.100/2010-11, dated 31st March, 2011.
4. “MalaprabhaGrameena Bank, Dharwar (Karnataka)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
5. “MallabhumGramin Bank, Bankura (West Bengal)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
6. “MandlaBalaghatKshetriyaGramin Bank, Mandla (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
7812-B/03-05.100/2009-10, dated 21st January, 2010.
7. “Mandvi Co-operative Bank Ltd., Mumbai” excluded by Notification No. UBD/CO/BSD(SCB) No. 01/12.22.136/2007-08,
dated 1st November, 2007.
8. “ManjiraGrameena Bank, Sangareddy, Medak (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
9. “MarathwadaGramin Bank, Nanded (Maharashtra)” excluded by RBI Notification No. RPCD.CO. RRB. No.
11379/3.5.100/2010-11, dated 31st March, 2011.
10. “MarudharKshetriyaGramin Bank, Churu (Rajasthan)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
11. Included by RBI Notification No. RPCD.CO. RRB. BC. No. 76/03.05.100/2013-14, dated 27th January, 2014.
12. “MarwarGanganagar Bikaner Gramin Bank, Pali, Rajasthan” excluded by RBI Notification No. RPCD.CO. RRB. BC.
No. 77/03.05.100/2013-14, dated 27th January, 2014. Earlier it was included by RBI Notification No. RPCD.CO. RRB.
No. 7430/03.05.100/2008-09, dated 27th January, 2009.
13. “MarwarGramin Bank, Pali, Rajasthan” excluded by RBI Notification No. RPCD.CO. RRB. No. 7431/03.05.100/2008-09,
dated 27th January, 2009.
14. “MayurakshiGramin Bank, Suri (West Bengal)” excluded by RBI Notification No. RPCD.CO. RRB. BC. No.
95/03.05.100/2013-14, dated 9th April, 2014.
-----
Miraj State Bank Ltd.
1* - - -
Mitsui Bank Ltd.
Mizoram Rural Bank (Mizoram).
2* - -
3* - - -
4* - - -
Nadar Bank, Tuticorin.
5* - - -
Nagaland Rural Bank, Kohima (Nagaland).
Nagar Urban Co-operative Bank Ltd., Ahmednagar (Maharashtra) (w.e.f. 29-1-2000).
6* - - -
Nagpur NagrikSahakari Bank Ltd., Nagpur (Maharashtra) (w.e.f. 22-5-1999).
7* - - -
Nainital Bank Ltd.
8* - - -
9[Narmada JhabuaGramin Bank, Indore, Madhya Pradesh].
10* - - -
11[National Bank of Abu Dhabi PJSC]
National Bank of Pakistan.
12* - - -
13* - - -
14* - - -
1. “MithilaKshetriyaGramin Bank, Darbhanga (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
2. “MonghyrKshetriyaGramin Bank, Monghyr (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No.
7812-B/03-05.100/2009-10, dated 21st January, 2010.
3. “MurshidabadGramin Bank, Berhampore (West Bengal)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05100/2009-10, dated 21st January, 2010.
4. “MuzaffarnagarKshetriyaGramin Bank, Muzaffarnagar (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB.
BC. No. 95/03.05.100/2013-14, dated 9th April, 2014.
5. “Nadia Gramin Bank, Krishnagar (West Bengal)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
6. “NagarjunaGrameena Bank, Khammam (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
7. “NainitalAlmoraKshetriyaGramin Bank, Nainital, Uttarakhand” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013.
8. “NalandaGramin Bank, Biharshariff (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008
09, dated 22nd September, 2008.
9. Included by RBI Notification No. RPCD.CO. RRB. No. 55/03.05.100/2013-14, dated 14th November, 2013.
10. “Narmada MalwaGramin Bank, Indore, Madhya Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No.
3231/03.05.100/2008-09, dated 22nd September, 2008.
11. Included by RBI Notification No. DBR.IDB. No. 5196/23.03.030/2015-16, dated 26th October, 2015.
12. “Nedungadi Bank Ltd.” excluded by Notification No. DBOD. No. PSB. 1326/16.01.070/200320004, dated 1st July, 2003.
13. “NetravatiGrameena Bank, Mangalore (Karnataka)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
14. “New Bank of India, New Delhi”, omitted by Notification No. DBOD. No. 344/Escl/ 16:19:001/93, dated 8th October, 1993.
-----
1* - - -
2* - - -
3[NKGSB Co-operative Bank Ltd., Mumbai].
4* - - -
NutanNagarikShakari Bank Ltd., Ahmedabad (Gujrat) (w.e.f. 29-1-2000).
5[OdishaGramya Bank, Bhubaneswar, Odisha.]
Oriental Bank of Commerce.
Orissa State Co-operative Bank Ltd., Cuttack.
6* - - -
7* - - -
PalamauKshetriyaGramin Bank, Daltonganj (Bihar).
PallavanGrama Bank, Salem (Tamil Nadu).
8* - - -
Pandyan Bank
PandyanGrama Bank, Sattur (Tamil Nadu).
ParsikJanataSahakari Bank Ltd., Thane (1998).
Parur Central Bank Ltd.
9* - - -
10[PaschimBangaGramin Bank, Howrah, West Bengal.]
11* - - -
12* - - -
13* - - -
Pondicherry State Cooperative Bank Ltd. (w.e.f. 20-7-1995).
1. “NeelachalGramya Bank, Bhubneshwar, Orissa” excluded by RBI Notification No. RPCD.CO. RRB. No. 47/03.05.100/2013
14, dated 22nd October 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No. 7812-A/03-05.100/200910, dated 21st January, 2010.
2. “NimarKshetriyaGramin Bank, Khargone (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
3. Subs. by Notification No. UBD. CO.1/16.05.000/2005-2006, dated 24th January, 2006, for "North Kanara GSB Co-operative
Bank Ltd., Mumbai, Maharashtra".
4. “North Malabar Gramin Bank, Kanpur, Kerala” excluded by RBI Notification No. RPCD.CO. RRB. BC. No.
99/03.05.100/2013-14, dated 8th May, 2014.
5. Included by RBI Notification No. RPCD.CO. RRB. No. 46/03.05.100/2013-14, dated 22nd October 2013.
6. “The Overseas-Chinese Banking Corporation Limited” excluded by Notification No. Ret. BC. No. 65/12.06.110/2003-04,
dated 5th February, 2004.
7. “PalamauKshetriyaGramin Bank, Daltonganj (Jharkhand)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812
B/03-05.100/2009-10, dated 21st January, 2010.
8. “PanchamahalGramin Bank, Godhra (Gujarat)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
9. “ParvatiyaGramin Bank, Chamba, Himachal Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013.
10. Ins. by RBI Notification No. RPCD.CO. RRB. BC. No. 94/03.05.100/2013-14, dated 9th April, 2014.
11. “PatliputraGramin Bank, Patna (Bihar)" excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008-09,
dated 22nd September, 2008.
12. “PinakiniGrameena Bank, Nellore (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
13. “PithoragarhKshetriyaGramin Bank, Pithoragrah (Uttaranchal)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
-----
1* - - -
2* - - -
3[Pragthi Krishna Gramin Bank, Bellary, Karnataka.]
4[PraharaSahakari Bank Ltd., Loni Dist., Ahmednagar (Maharashtra).]
5* - - -
Prathama Bank, Moradabad (Uttar Pradesh).
Punjab and Maharashtra Co-operative Bank Ltd., Mumbai (Maharashtra) (w.e.f.29-1-2000).
Punjab and Sind Bank, Amritsar.
Punjab Co-operative Bank Ltd., Amritsar.
6[Punjab Gramin Bank, Kapurthala (Punjab).]
Punjab National Bank.
Punjab State Co-operative Bank Ltd., Chandigarh.
Purbanchal Bank Ltd., Gauhati.
7* - - -
8[Purvanchal Bank, Gorakhpur, Uttar Pradesh.]
9* - - -
10* - - -
11* - - -
12* - - -
Rajasthan State Co-operative Bank Ltd., Jaipur.
13* - - -
Rajkot NagrikSahakari Bank Ltd., Bombay.
1. “PragathiGramin Bank, Belary (Karnatak)” excluded by RBI Notification No. RPCD.CO. RRB. BC. No. 99/03.05.100/2013
14, dated 8th May, 2014. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No. 3231/03.05.100/2008-09,
dated 22nd September, 2008.
2. “Prag'yotishGaonlia Bank, Nalbari, Assam” excluded by RBI Notification No. RPCD.CO. RRB. \To. 7431/03.05.100/2008-09,
dated 27th January, 2009.
3. Included by RBI Notification No. RPCD.CO. RRB. BC No. 98/03.05.100/2013-14, dated 8th May, 2014.
4. Included by Notification No. UBD.CO/BP/22 /16.05.00/2002-2003, dated 3rd March, 2003.
5. “PratapgarhKshetriyaGramin Bank, Pratapgarh, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 200g.
6. Included by RBI Notification No. RPCD.CO. RRB. No. 3231/03.05.100/2008-09, dated 22nd September, 2008.
7. “PuriGramya Bank, Pipli (Orissa)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03-05.100/2009-10, dated
21st January, 2010.
8. Included by RBI Notification No. RPCD.CO. RRB. No. 46/03.05.100/2013-14, dated 22nd October 2013.
9. “PurvanchalGramin Bank, Gorakhpur, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
47/03.05.100/2013-14, dated 22nd October 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB.
No. 7430/03.05.100/2008-09, dated 27th January, 2009.
10. “RaebareliKshetriyaGramin Bank, Raebareli, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
11. “RaigarhKshetriyaGramin Bank, Raigarh, Madhya Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
12. “Rajasthan Gramin Bank, Alwar, Rajasthan” excluded by RBI Notification No. RPCD.CO. RRB. No. 56/03.05.100/2013-14,
dated 14th November, 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No. 3231/03.05.100/2008-09,
dated 22nd September, 2008.
13. “RajgarhSehoreKshetriyaGramin Bank, Rajgarh (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
-----
1* - - -
2* - - -
3* - - -
4* - - -
Ratnakar Bank Ltd., Kolhapur.
5* - - -
6* - - -
7[Royal Bank of Scotland N.V.]
Rupee Co-operative Bank Ltd., Pune.
8* - - -
9* - - -
Sakma Bank Limited (1992).
10* - - -
11* - - -
12* - - -
13* - - -
14* - - -
15* - - -
Sangli Urban Co-operative Bank Ltd., Sangli.
1. “Ranchi KshetriyaGramin Bank, Ranchi (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
2. “Rani LaxmiBaiKshetriyaGramin Bank, Jhansi, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
3. “RatlamMandsaurKshetriyaGramin Bank, Mandsaur (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB.
No. 7812-B/03-05.100/2009-10, dated 21st January, 2010.
4. “RatnagiriSindhudurgGramin Bank, Ratnagiri (Maharashtra)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812
B/03-05.100/2009-10, dated 21st January, 2010.
5. “RayalaseemaGrameena Bank, Cuddapah (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
6. “RewaSidhiGramin Bank, Rewa Madhya Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013.
7. Subs. by Notification No. DBOD.IBD. No. 16083/23.13.020/2009-10, dated 19th March, 2010, for the words "ABN Amro
Bank N.V.".
8. “RushikulyaGramya Bank, Berhampur, Orissa” excluded by RBI Notification No. RPCD.CO. RRB. No. 47/03.05.100/2013
14, dated 22nd October 2013.
9. “Sabarkantha-GandhinagarGramin Bank, Himatnagar (Gujarat)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
10. “SagarGramin Bank, Amtala (West Bengal)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
11. “SahyadriGramin Bank, Shimoga (Karnataka)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
12. “SamastipurKshetriyaGramin Bank, Samastipur, Bihar” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013.
13. “SamyutKshetriyaGramin Bank, BelisaAzamgarh (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
14. “SangameswaranGrameena Bank, Mehboob Nagar (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
15. “The Sangli Bank Ltd” excluded by Notification DBOD. No. PSBD.11188/16.01.073/2006-07, dated 14th May, 2007.
-----
1* - - -
2[SaptagiriGrameena Bank, Chitoor (Andhra Pradesh).]
3* - - -
Saraswat Co-operative Bank Ltd., Bombay.
4* - - -
SardarBhiladwallaPardi People’s Co-operative Bank Ltd., KillaPardi, District Valsad (Gujarat)
(w.e.f.29-1-2000).
5[Sarva Uttar Pradesh Gramin Bank, Meerut, Uttar Pradesh.]
6* - - -
2[SaurashtraGramin Bank, Rajkot (Gujarat).]
7[Sber Bank]]
8* - - -
9* - - -
ShamraoVithal Co-operative Bank Ltd., Bombay.
10* - - -
11* - - -
ShikshakSahakari Bank Ltd., Nagpur (Maharashtra) (w.e.f. 22-5-1999).
12[Shinhan Bank]
13* - - -
14* - - -
15* - - -
[1. “SanthalParganasGramin Bank, Dumka (Jharkhand)” excluded by RBI Notification No. RPCD. CO. RRB. No. 7812-B/03-](http://rpcd.co/)
05.100/2009-10, dated 21st January, 2010.
2. Included by RBI Notification No. RPCD.CO. RRB. No. 3231/03.05.100/2008-09, dated 22nd September, 2008.
3. “Saran KshetriyaGramin Bank, Chapra (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
4. “SarayuGramin Bank, (Lakhimpur) (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
5. Included by RBI Notification No. RPCD.CO. RRB. No. 7430/03.05.100/2008-09, dated 27th January, 2009.
6. “Satpura Narmada KeshtriyaGramin Bank, Chhindwara, Madhya Pradesh” excluded by RBI Notification No. RPCD.CO.
RRB. No. 56/03.05.100/2013-14, dated 14th November, 2013. Earlier it was included by RBI Notification No. RPCD.CO.
RRB. No. 7812-A/03-05.100/ 2009-10, dated 21st January, 2010.
7. Included by RBI Notification No. DBOD.IBD. No. 13982/23.03.022/2010-11, dated 8th March, 2011.
8. “ShahadolKshetriyaGramin Bank, Shahadol (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
7812-B/03-05.100/2009-10, dated 21st January, 2010.
9. “ShahjahanpurKshetriyaGramin Bank, Shahjahanpur, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
10. “ShardaGramin Bank, Satna, Madhya Pradesh" excluded by RBI Notification No. RPCD.CO. RRB. No. 56/03.05.100/2013
14, dated 14th November, 2013.
11. “ShekhawatiGramin Bank, Sikar (Rajasthan)” excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008
09, dated 22nd September, 2008.
12. Name of “Chohung Bank” changed to "Shinhan Bank" by Notification DBOD. No. IBD.114/ 23.13.072/2006-07, dated 25th
July, 2006 (w.e.f. 12-8-2006).
13. “ShivalikKshetriyaGramin Bank, Hoshiarpur (Punjab)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
14. “ShivpuriGunaKshetriyaGramin Bank, Shivpuri (Madhya Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
15. “ShreyasGramin Bank, Aligarh, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No. 56/03.05.100/2013
14, dated 14th November, 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No. 3231/03.05.100/200809, dated 22nd September, 2008.
-----
1* - - -
2* - - -
Siam Commercial Bank Public Company Limited (1996).
3* - - -
4* - - -
5* - - -
SolapurJantaSahakari Bank Ltd., Solapur- 413007 (Maharashtra) (w.e.f. 1-6-2002).
6[Sonali Bank Limited.]
South Indian Bank Ltd.
7* - - -
South Malabar Gramin Bank, Cannonore (1976).
8* - - -
9* - - -
10* - - -
11* - - -
12* - - -
13* - - -
Standard Chartered Bank.
State Bank of Bikaner & Jaipur.
State Bank of Hyderabad.
State Bank of India.
14* - - -
1. “ShriSathavahanaGrameena Bank, Karimnagar (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
2. “ShriVenkateswaraGrameena Bank, Chittoor (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
3. “SinghbumKshetriyaGramin Bank, Chaibasa (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
4. “SiwanKshetriyaGramin Bank, Siwan (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
5. “SolapurGramin Bank, Solapur (Maharashtra)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
6. Subs. by Notification DBOD/BD No. 10730/23/23.13.032/2007-08, dated 7th February, 2008, for "Sonali Bank".
7. “South Malabar Gramin Bank, Malappuram (Kerala)” excluded by RBI Notification No. RPCD.CO. RRB. BC. No.
99/03.05.100/2013-14, dated 8th May, 2014.
8. “SravasthiGramin Bank, Bahraich (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
9. “SreeAnanthaGrameena Bank, Anantpur (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
10. “Sri SaraswatiGrameena Bank, Adilabad (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
11. “Sri VisakhaGrameena Bank, Srikakulam (Andhra Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
12. “SriganganagarKshetriyaGramin Bank, Sriganganagar, Rajasthan” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2008
13. “SriramaGramin Bank, Nizamabad (Andhra Pradesh)” excluded by RBI Notifi No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
14. “State Bank of Indore” excluded by RBI Notification No. DBOD No. Ret. BC. 37/12.06.004/ 2010-11, dated 27th August,
2010 (w.e.f. 26-8-2010).
-----
State Bank of Jaipur
State Bank of Mysore.
State Bank of Patiala.
1* - - -
State Bank of Travancore.
2* - - -
3* - - -
4[Sumitomo Mitsui Banking Corporation.]
5* - - -
Surat Peoples Co-operative Bank Ltd., Surat.
6* - - -
7* - - -
Syndicate Bank.
8[Sberbank.]
Tamil Nadu State Co-operative Bank Ltd., Madras.
Tamilnad Mercantile Bank Ltd.
Tanjore Permanent Bank Ltd., Tanjore.
9[Thane Bharat Sahakari Bank Ltd. Thane Maharashtra.]
10* - - -
11* - - -
Times Bank Limited (1995).
12[TJSB Sahakari Bank Ltd.]
Traders’ Bank Ltd.
Travancore Bank Ltd., Trivandrum Taluk.
Tripura Gramin Bank, Agartala (Tripura).
1. “State Bank of Saurashtra” excluded by RBI Notification No. DBDD. No. Ref. BC 49/ 12.06.00[7]/2008-09, dated 16th October,
2008 (w.e.f. 13-8-2008).
2. “SubansiriGaonlia Bank, North Lakhimpur, Assam” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
3. “SultanpurKshetriyaGramin Bank, Sultanpur, Uttar Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
4. Included by RBI Notification No. DBOD.IBD. No. 49808/23.13.155/2012-13, dated 9th January, 2013. Earlier it was excluded
by Notification DBOD. No. IBS.1186/23.13.018/2004-05, dated 1st March, 2005 (w.e.f. 19-3-2005).
5. “Surat-Bharuch Gramin Bank, Baruch (Gujarat)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
6. “Surendranagar Bhavnagar Gramin Bank, Surendranagar (Gujarat)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
7. “SurgujaKshetriyaGramin Bank, Ambikapur, Chhattishgarh” excluded by RBI Notification No. RPCD.CO. RRB. BC. No.
99/03.05.100/2013-14, dated 8th May, 2014.
8. Included by Notification No. DBOD.IBD. No. 13982/23.03.022/2010-11, dated 8th March, 2011.
9. Included by Notification No. UBD.CO/BP/20/16.05.00/2002-2003, dated 23rd January, 2003.
10. “Thane Gramin Bank, Thane, Maharashtra” excluded by RBI Notification No. RPCD.CO. RRB. No. 7431/03.05.100/2008
09, dated 27th January, 2009.
11. “Thar-AnchalikGramin Bank, Jodhpur (Rajasthan)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
12. Subs. by RBI Notification No. UBD.CO. BPD. 2/16.05.000/2011-12, dated 3rd November, 2011, for “Thane JanataSahakari
Bank Ltd., Thane”.
-----
1* - - -
2* - - -
3* - - -
4* - - -
5* - - -
Union Bank of India.
United Bank of India.
United Commercial Bank.
United Industrial Bank Ltd., Calcutta.
6[United Overseas Bank Ltd.]
7* - - -
8[UtkalGrameen Bank, Bolangir.]
9* - - -
Uttar BangaKshetriyaGramin Bank, Cooch Behar (West Bengal).
10[Uttar Pradesh Gramin Bank, Muzaffarpur (Bihar)].
Uttar Pradesh State Co-operative Bank Ltd., Lucknow.
11[UttarakhandGramin Bank, Dehradun, Uttarakhand.]
12* - - -
13* - - -
14* - - -
15* - - -
10[VananchalGramin Bank, Dumka (Jharkhand)].
1. “TriveniKshetriyaGramin Bank, Orai (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
11379/3.5.100/2010-11, dated 31st March, 2011. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No.
3231/03.05.100/2008-09, dated 22nd September, 2008.
2. “TuisiGramin Bank, Banda (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008
09, dated 22nd September, 2008.
3. “The Toronto Dominion Bank” excluded by Notification No. IBS. BC. 32/23.13.004/2003-4, dated 10th October, 2003.
4. “Tungabhadra Gramin Bank, Bellary (Karnataka)" excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
5. “UFJ Bank Ltd.” excluded by Notification No. DBOD. No. IBD 947/23.03.007/2005-2006, dated 26th December, 2005.
6. Included by RBI Notification No. DBOD.IBD. No. 16919/23.03.020/2009-10, dated 26th March, 2010.
7. “United Western Bank Ltd.” excluded by Notification No. DBOD. No. PSBD.4146/16.01.076/ 2006-2007, dated 3rd
November, 2006 (w.e.f. 25-11-2006).
8. Included by RBI Notification No. RPCD.CO. RRB. No. 46/03.05.100/2013-14, dated 22nd October 2013.
9. “UtkalGramya Bank, Odisha” excluded by RBI Notification No. RPCD.CO. RRB. No. 47/ 03.05.100/2013-14, dated 22nd
October 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No. 11377/3.5.100/2010-11, dated 31st
March, 2011.
10. Included by RBI Notification No. RPCD.CO. RRB. No. 7812-A/03-05.100/2009-10, dated 21st January, 2010.
11. Included by RBI Notification No. RPCD.CO. RRB. No. 55/03.05.100/2013-14, dated 14th November, 2013.
12. “Uttaranchal Gramin Bank, Dehradun, Uttaranchal” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No.
3231/03.05.100/2008-09, dated 22nd September, 2008.
13. “VaishaliKshetriyaGramin Bank, Muzaffarpur (Bihar)” excluded by RBI Notification No. RPCD.CO. RRB. No. 7812-B/03
05.100/2009-10, dated 21st January, 2010.
14. “VallalorGramin Bank, Cuddalore (Tamil Nadu)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
15. “Valsad-DangsGramin Bank, Bulsar (Gujarat)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
-----
1* - - -
Vasavi Co-operative Urban Bank Ltd., Hyderabad (Andhra Pradesh) (w.e.f. 22-5-1999).
2[Vasai VikasSahakari Bank Ltd., Vasai, Thane]
3[VidharbhaKonkanGramin Bank, Nagpur, Maharashtra.]
4* - - -
5* - - -
6* - - -
Vijaya Bank, Mangalore.
7* - - -
VisakhaGrameena Bank, Srikakulam (1976).
Visa Nagar NagrikSahakari Bank Ltd., Visanagar, District Mehsana (Guajarat) (w.e.f. 29-1-2000).
8* - - -
9[Vysya Bank Ltd.], Bangalore City.
West Bengal State Co-operative Bank Ltd., Calcutta.
10* - - -
11[Westpac Banking Corporation.]
12* - - -
13[Yes Bank Limited.]
14[Zoroastrain Co-operative Bank Ltd. Mumbai-400023, Maharashtra.]
1. “VaradaGrameena Bank, Kumta (Karnataka)” excluded by RBI Notification No. RPCD.CO. RRB. No. 3230/03.05.100/2008
09, dated 22nd September, 2008.
2. Included by RBI Notification No. DCBR.CO. BPD. No. 02/16.05.000/2015-16, dated 17th December, 2015.
3. Included by RBI Notification No. RPCD.CO. RRB. No. 46/03.05.100/2013-14, dated 22nd October 2013.
4. “VidharbhaKshetriyaGramin Bank, Akola, Maharashtra” excluded by RIM Notification No. RPCD.CO. RRB. No.
47/03.05.100/2013-14, dated 22nd October 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No.
7430/03.05.100/2008-09, dated 27th January, 2009.
5. “Vidisha Bhopal KshetriyaGramin Bank, Vidisha, Madhya Pradesh” excluded by RBI Notification No. RPCD.CO. RRB. No.
56/03.05.100/2013-14, dated 14th November, 2013.
6. “VidurGramin Bank, Bijnor (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. BC. No. 95/03.05.100/2013
14, dated 9th April, 2014.
7. “Vindhyavasini Gramin Bank, Mirzapur (Uttar Pradesh)” excluded by RBI Notification No. RPCD.CO. RRB. No.
3230/03.05.100/2008-09, dated 22nd September, 2008.
8. “VishveshwarayaGrameena Bank, Mandya (Karnataka)” excluded by RBI Notification No. RPCD.CO. RRB. No.
47/03.05.100/2013-14, dated 22nd October 2013.
9. Subs. by Notification No. PSBS.59[6]/16.01.67[7]/2002-2003, dated 21st November, 2002.
10. “Wainganga Krishna Gramin Bank, Solapur (Maharashtra)” excluded by RBI Notification No. RPCD.CO. RRB. No.
47/03.05.100/2013-14, dated 22nd October 2013. Earlier it was included by RBI Notification No. RPCD.CO. RRB. No.
7812-A/03-05.100/2009-10, dated 21st January, 2010.
11. Included by RBI Notification No. DBOD.IBD. No. 8297/23.13.138/2012-13, dated 10th December, 2012.
12. “Yavatmal Gramin Bank, Yavatmal, Maharashtra” excluded by RBI Notification No. RPCD.CO. RRB. No.
7431/03.05.100/2008-09, dated 27th January, 2009.
13. Included by Notification No. Ref. UBD No. BP/20/16.05.00/2002-2003, dated 23rd January, 2003.
14. Included by Notification No. PSBS.BC. 30/16.01.13/2004-05, dated 16th August, 2004.
-----
**THE THIRD SCHEDULE.—Omitted by the State Bank of India Act, 1955 (23 of 1955), s. 52 and**
_the Third Schedule (w.e.f. 1-7-1955)._
**THE FOURTH SCHEDULE.—Omitted by the Reserve Bank (Transfer to Public Ownership) Act,**
_1948 (62 of 1948), s. 7 and the Schedule (w.e.f 1-1-1949)._
**THE FIFTH SCHEDULE.—Rep. by the India and Burma (Burma Monetary Arrangements) Order,**
1937.
**—————**
-----
|
9-Aug-1934 | 22 | The Aircraft Act, 1934 | https://www.indiacode.nic.in/bitstream/123456789/2400/1/AAA1934____22.pdf | central | THE AIRCRAFT ACT, 1934
**______**
ARRANGEMENT OF SECTIONS
______
SECTIONS
1. Short title and extent.
2. Definitions.
3. Power of Central Government to exempt certain aircraft.
4. Power of Central Government to make rules to implement the Convention of 1944.
4A. Directorate General of Civil Aviation.
4B. Bureau of Civil Aviation Security.
4C. Aircraft Accidents Investigation Bureau.
4D. Superintendence of Central Government.
5. Power of Central Government to make rules.
5A. Power to issue directions.
6. Power of Central Government to make orders in emergency.
7. Power of Central Government to make rules for investigation of accidents.
8.Power to detain aircraft.
8A. Power of Central Government to make rules for protecting the public health.
8B. Emergency powers for protecting the public health.
8C. Power of Central Government to make rules for securing safe custody and re-delivery of
unclaimed property.
9. Wreck and salvage.
9A.Power of Central Government to prohibit or regulate construction of buildings, planting of trees,
etc.
9B. Payment of compensation.
9C. Appeals from awards in respect of compensation.
9D. Arbitrator to have certain powers of civil courts.
10. Penalty for act in contravention of rule made under this Act.
10A. Adjudication of penalties.
10B. Cancellation of licence or certificate or approval.
11.Penalty for flying so as to cause danger.
11A. Penalty for failure to comply with directions issued under section 5A.
11B. Penalty for failure to comply with directions issued under section 9A.
12. Penalty for abetment of offences and attempted offences.
12A. Composition of offences.
12B. Cognizance of offences.
13. Power of Court to order forfeiture.
14. Rules to be made after publication.
14A.Laying of rules before Parliament.
15. Use of patented invention on aircraft not required in India.
16. [Repealed.].
-----
SECTIONS
17. Bar of certain suits.
18. Saving for acts done in good faith under the Act.
19. Saving of application of Act.
20. [Repealed.].
-----
# THE AIRCRAFT ACT, 1934
ACT NO. 22 OF 1934
[19th August, 1934.]
# An Act to make better provision for the control of the manufacture, possession, use, operation,
sale, import and export of aircraft.
WHEREAS it is expedient to make better provision for the control of the manufacture, possession, use,
operation, sale, import and export of aircraft;
It is hereby enacted as follows: —
**1. Short title and extent.—(1) This Act may be called the[ 1]*** Aircraft Act, 1934.**
2[(2) It extends3 to the whole of India4*** and applies also—
(a) to citizens of India wherever they may be; [5]***
(b) to and to the persons on aircraft registered in India wherever they may be;]
6[(c) to and to the persons on aircraft registered outside India but for the time being in or over
India; and
(d) to an aircraft operated by a person who is not a citizen of India but has his principal place of
business or permanent residence in India.]
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context, —**
(1) “aircraft” means any machine which can derive support in the atmosphere from reactions of
the air, [7][other than reactions of the air against the earth’s surface] and includes balloons whether
fixed or free, airships, kites, gliders and flying machines;
8[(1A) “Aircraft Accidents Investigation Bureau” means the Aircraft Accidents Investigation
Bureau constituted under section 4C;]
(2) “aerodrome” means any definite or limited ground or water area intended to be used, either
wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds, vessels,
piers and other structures thereon or appertaining thereto;
(2A) “aerodrome reference point”, in relation to any aerodrome, means a designated point
established in the horizontal plane at or near the geometric centre of that part of the aerodrome
reserved for the departure or landing of aircraft;]
8[(2B) “Bureau of Civil Aviation Security” means the Bureau of Civil Aviation Security
constituted under section 4B;
(2C) “Director General of Civil Aviation” means the Director General of Civil Aviation
constituted under section 4A;]
(3) “import” means bringing into [9][India]; and
(4) “export” means taking out of [9][India].
1. The word “Indian” omitted by Act 44 of 1960, s. 2 (w.e.f26-11-1960).
2. Subs. by the A.O. 1950 and the First Schedule, for sub-section (2).
3. This Act has been extended to and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and
the First Schedule, extended to Goa, Daman and Diu and with modifications by Reg. 12 of 1962, s. 3 and the Schedule (w.e.f.
1-2-1965) and to the whole of the Union territory of Lakshdweep (w.e.f. 1-10-1967) by Reg. 8 of 1965, s. 3 and the Schedule.
4. The words “except the State of Hyderabed” omitted by Act 3 of 1951, s. 3 and the Schedule.
5. The word “and” omitted by Act 44 of 2007, s. 2 (w.e.f. 1-2-2008).
6. Ins. by s. 2, ibid, (w.e.f. 1-2-2008).
7. Ins. by Act 12 of 1972, s. 2, (w.e.f. 20-4-1972).
8. Ins. by Act 13 of 2020, s. 2 (w.e.f. 19-9-2020).
9. Subs. by Act 24 of 1948, s. 3, for “the Provinces”.
-----
**3. Power of Central Government to exempt certain aircraft.—The Central Government may, by**
notification in the Official Gazette, exempt from [1][all or any of the provisions of this Act] any aircraft or
class of aircraft and any person or class of persons, or may direct that such provisions shall apply to such
aircraft or persons subject to such modifications as may be specified in the notification.
2[4. Power of Central Government to make rules to implement the Convention of 1944.—
3[Subject to the provisions of section 14, the Central Government] may, by notification in the Official
Gazette, make such rules as appear to it to be necessary for carrying out the Convention relating to
International Civil Aviation signed at Chicago on the 7th day of December, 1944 (including any Annex
thereto relating to international standards and recommended practices) as amended from time to time.]
4[4A. Directorate General of Civil Aviation.—(1) The Central Government may constitute a body
to be known as the Directorate General of Civil Aviation, which shall be headed by an officer designated
as the Director General of Civil Aviation to be appointed in this behalf by the Central Government by
notification in the Official Gazette.
(2) The Directorate General of Civil Aviation shall be responsible for carrying out the safety
oversight and regulatory functions in respect of matters specified in this Act or the rules made thereunder.
(3) The administration of the Directorate General of Civil Aviation shall vest in the Director General
of Civil Aviation.
(4) The Central Government may, by an order published in the Official Gazette, direct that any power
exercisable by the Director General of Civil Aviation may also be exercisable by any other officer or
authority specially empowered in this behalf by the Central Government.
**4B. Bureau of Civil Aviation Security.—(1) The Central Government may constitute a body to be**
known as the Bureau of Civil Aviation Security, which shall be headed by an officer designated as the
Director General of Bureau of Civil Aviation Security to be appointed in this behalf by the Central
Government by notification in the Official Gazette.
(2) The Bureau of Civil Aviation Security shall be responsible for carrying out the regulatory and
oversight functions in respect of matters relating to civil aviation security specified in this Act or the rules
made thereunder.
(3) The administration of the Bureau of Civil Aviation Security shall vest in the Director General of
Bureau of Civil Aviation Security.
(4) The Central Government may, by an order published in the Official Gazette, direct that any power
exercisable by the Director General of Bureau of Civil Aviation Security may also be exercisable by any
other officer or authority specially empowered in this behalf by the Central Government.
**4C. Aircraft Accidents Investigation Bureau.—(1) The Central Government may constitute a body**
to be known as the Aircraft Accidents Investigation Bureau, which shall be headed by an officer
designated as the Director General of Aircraft Accidents Investigation Bureau to be appointed in this
behalf by the Central Government by notification in the Official Gazette.
(2) The Aircraft Accidents Investigation Bureau shall be responsible for carrying out the functions in
respect of matters relating to investigation of aircraft accidents or incidents specified in this Act or the
rules made thereunder.
(3) The administration of the Aircraft Accidents Investigation Bureau shall vest in the Director
General of Aircraft Accidents Investigation Bureau.
(4) The Central Government may, by an order published in the Official Gazette, direct that any power
exercisable by the Director General of Aircraft Accidents Investigation Bureau may also be exercisable
by any other officer or authority specially empowered in this behalf by the Central Government.
1. Subs. by Act 37 of 1939, s. 3, for “the provisions of this Act and of the rules made thereunder, or from any of such provisions,”
2. Subs. by Act 12 of 1972, s. 3, for section 4 (w.e.f. 20-4-1972).
3. Subs. by Act 44 of 2007, s. 3, for “The Central Government” (w.e.f. 1-2-2008).
4. Subs. by Act 13 of 2020, s. 3, for section 4A (w.e.f. 19-9-2020).
-----
**4D. Superintendence of Central Government.—The superintendence of the Directorate General of**
Civil Aviation, the Bureau of Civil Aviation Security and the Aircraft Accidents Investigation Bureau
shall vest in the Central Government, which shall have the power to issue directions to each of these
organisations, on any matters falling under sub-section (2) of sections 4A, 4B and 4C, respectively, if it
considers necessary and expedient so to do in the public interest.]
**5. Power of Central Government to make rules.—(1) [1][Subject to the provisions of section 14, the**
Central Government] may, by notification in the Official Gazette, make rules regulating the manufacture,
possession, use, operation, sale, import or export of any aircraft or class of aircraft [2][and for securing the
safety of aircraft operations.]
(2) Without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the authorities by which any of the powers conferred by or under this Act are to be exercised;
3[(aa) the regulation of air transport services, and the prohibition of the use of aircraft in such
services except under the authority of and in accordance with a licence authorising the establishment
of the service;
4[(ab) the economic regulation of civil aviation and air transport services, including the approval,
disapproval [5][or revision on tariff of operators of air transport services [other than the tariff referred to
in clause (a) of sub-section (1) of section 13 of the Airports Economics Regulatory Authority of India
Act, 2008]]; the officers or authorities who may exercise powers in this behalf; the procedure to be
followed and the factors to be taken into account by such officers or authorities; appeals to the
Central Government against orders of such officers or authorities and all other matters connected with
such tariff.
_Explanation.—For the purposes of this clause, “tariff” includes fares, rates, valuation charges and_
other charges for air transport of passengers or goods, the rules, regulations, practices or services
affecting such fares, rates, valuation charges and other charges and the rates, terms and conditions of
commission payable to passenger or cargo sales agents;]
6[(ac)] the information to be furnished by an applicant for, or the holder of, a licence authorising
the establishment of an air transport service to such authorities as may be specified in the rules;]
7
[(b) the licensing, inspection and regulation of aerodromes, the conditions under which
aerodromes may be maintained and the prohibition or regulation of the use of unlicensed aerodromes;
(ba) the fees which may be charged at those aerodromes to which the Airports Authority of India
Act, 1994(55 of 1994) does not apply or is not made applicable;]
(c) the inspection and control of the manufacture, repair and maintenance of aircraft and of places
where aircraft are being manufactured, repaired or kept;
(d) the registration and marking of aircraft;
(e) the conditions under which aircraft may be flown, or may carry passengers, mails or goods; or
may be used for industrial purposes and the certificates, licences or documents to be carried by
aircraft;
1. Subs. by Act 44 of 2007, s. 5, for “The Central Government” (w.e.f. 1-2-2008).
2. Ins. by Act 12 of 1972, s. 4 (w.e.f. 20-4-1972).
3. Ins. by Act 5 of 1944, s. 2 (w.e.f. 7-3-1944).
4. Ins. by Act 1 of 1983, s. 2 (w.e.f. 26-3-1983).
5. Subs. by Act 27 of 2008, s. 54 and the Schedule, for “or revision on tariff of operators of air transport services”
(w.e.f. 1-1-2009).
6. Clause (ab) re-lettered as clause (ac) thereof, by Act 1 of 1983, s. 2, (w.e.f. 26-3-1983).
7. Subs. by Act 44 of 2007, s. 5, for clause (b) (w.e.f. 1-2-2008).
-----
(f) the inspection of aircraft for the purpose of enforcing the provisions of this Act and the rules
thereunder, and the facilities to be provided for such inspection;
(g) the licensing of persons employed in the operation, manufacture, repair or maintenance of
aircraft;
1[(ga) the licensing of persons engaged in air traffic control;
(gb) the certification, inspection and regulation of communication, navigation and surveillance or
air traffic management facilities;
(gc) the measures to safeguard civil aviation against acts of unlawful interference;]
2
[(gd) the regulation of air navigation services, that is, aeronautical information services,
aeronautical charting and cartography services, aeronautical meteorological services, search and
rescue services, procedure for air navigation services and aircraft operations other than those referred
to in clause (gb) and any other matter relating to air navigation services;]
(h) the air-routes by which and, the conditions under which aircraft may enter or leave [3][India], or
may fly over [2][India], and the places at which aircraft shall land;
(i) the prohibition of flight by aircraft over any specified area, either absolutely or at specified
times, or subject to specified conditions and exceptions;
(j) the supply, supervision and control of air-route beacons, aerodrome lights, and lights at or in
the neighbourhood of aerodromes or on or in the neighbourhood of air-routes;
4[(jj) the installation and maintenanceof lights on private property in the neighbourhood of
aerodromes or on or in the neighbourhood of air-routes, by the owners or occupiers of such property,
the payment by the Central Government for such installation and maintenance, and the supervision
and control of such installation and maintenance, including the right of access to the property for such
purposes;]
(k) the signals to be used for purposes of communication by or to aircraft and the apparatus to be
employed in signaling;
(l) the prohibition and regulation of the carriage in aircraft of any specified article or substance;
(m) the measures to be taken and the equipment to be carried for the purpose of ensuring the
safety of life;
(n) the issue and maintenance of log-books; .
(o) the manner and conditions of the issue or renewal of any licence or certificate under the Act or
the rules, the examinations and tests to be undergone in connection therewith, the form, custody,
production, endorsement, cancellation, suspension or surrender of such licence or certificate, or of
any log-book;
1. Ins. by Act 44 of 2007, s. 5 (w.e.f. 1-2-2008).
2. Ins. by Act 13 of 2020, s. 4 (w.e.f. 19-9-2020).
3. Subs. by Act 24 of 1948, s. 3, for “the Provinces”.
4. Ins. by Act 37 of 1939, s. 4 (w.e.f. 29-9-1939).
-----
(p) the fees to be charged in connection with any inspection, examination, test, certificate or
licence, made, issued or renewed under this Act;
(q) the recognition for the purposes of this Act of licences and certificates issued elsewhere than
in [1] [India] relating to aircraft or to the qualifications of persons employed in the operation,
manufacture, repair or maintenance of aircraft [2]***;
3[ 4[(qa)] the prohibition of slaughtering and flaying of animals and of depositing rubbish, filth
and other polluted and obnoxious matter within a radius of ten kilometers from the aerodrome
reference point; [5]***]
6[(qb) safety oversight and regulatory functions;
(qc) regulatory and oversight functions in respect of matters relating to civil aviation security;
and]
(r) any matter subsidiary or incidental to the matters referred to in this sub-section.
7* - - -
**8[5A. Power to issue directions.—(1) The Director General of Civil Aviation or any other officer**
specially empowered in this behalf by the Central Government may, from time to time, by order, issue
directions, consistent with the provisions of this act and the rules made thereunder, with respect to any of
the matters specified, in [9][clauses (aa), (b), (c), (e), (f), (g), (ga), (gb), [10][(gc), (gd), (h), (i), (m), (qa) and
(qb)] of sub-section (2) of section 5, to any person or persons using any aerodrome or engaged in the
aircraft operations, air traffic control, maintenance and operation of aerodrome, communication,
navigation, surveillance and air traffic management facilities and safeguarding civil aviation against acts
of unlawful interference], in any case where the Director General of Civil Aviation or such other officer is
satisfied that in the interests of the security of India or for securing the safety of aircraft operations it is
necessary so to do.
11[(1A) The Director General of Bureau of Civil Aviation Security or any other officer specially
empowered in this behalf by the Central Government may, from time to time, by order, issue directions,
consistent with the provisions of this Act and the rules made thereunder, with respect to any of the matters
specified in clauses (e), (f), (gc) and (qc) of sub-section (2) of section 5, to any person or persons using
any aerodrome, or engaged in the aircraft operations, air traffic control, maintenance and operation of
aerodrome, or safeguarding civil aviation against acts of unlawful interference, in any case where the
Director General of Bureau of Civil Aviation Security or such other officer is satisfied that in the interests
of the security of India or to ensure security of civil aviation operations, it is necessary so to do.
(1B) On receipt of a representation from any person or otherwise, if it considers necessary and
expedient to do so in the public interest, the Central Government may review any order passed under sub
1. Subs. by Act 24 of 1948, s. 3, for “the Provinces”.
2. The word “and” omitted by Act 12 of 1972, s. 4 (w.e.f. 20-4-1972).
3. Ins. by s. 4, ibid. (w.e.f. 20-4-1972).
4. Clause (qq) shall be relettered as clause (qa) thereof by Act 13 of 2020, s. 4 (w.e.f. 19-9-2020).
5. The word “and” omitted by s. 4, ibid. (w.e.f. 19-9-2020).
6. Ins. by s. 4, ibid. (w.e.f. 19-9-2020).
7. Sub-section (3) omitted by 44 of 1960, s. 3 (w.e.f. 26-11-1960). Earlier inserted by Act 5 of 1944, s. 3 (w.e.f. 1-4-1999).
8. Ins. by Act 12 of 1972, s. 5 (w.e.f. 20-4-1972).
9. Subs. by Act 44 of 2007, s. 6, for “clauses (b), (c), (e), (f), (g), (h) and (m) of sub-section (2) of section 5, to any person or
persons engaged in aircraft operations or using any aerodrome” (w.e.f. 1-2-2008).
10. Subs. by Act 13 of 2020, s. 5, for “(gc), (h), (i), (m) and (qq)” (w.e.f. 19-9-2020).
11. Ins. by s. 5, ibid. (w.e.f. 19-9-2020).
-----
section (1) or sub-section (1A) and issue directions to the Director General of Civil Aviation or Director
General of Bureau of Civil Aviation Security, as the case may be, to rescind or modify such order.]
(2) Every direction issued under or sub-section (l)[ 1][or sub-section (1A) or sub-section (1B)] shall be
complied with by the person or persons to whom such direction is issued.]
**6. Power of Central Government to make orders in emergency.—(1) If the Central Government is**
of opinion that in the interest of the public safety or tranquility the issue of all or any of the following
orders is expedient, it may, by notification in the Official Gazette,—
(a) cancel or suspend, either absolutely or subject to such conditions as it may think fit to specify
in the order, all or any licences or certificates issued under this Act;
(b) prohibit, either absolutely or subject to such conditions as it may think fit to specify in the
order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or
class of aircraft over the whole or any portion of [1][India];
(c) prohibit, either absolutely, or conditionally, or regulate the erection, maintenance or use of
any aerodrome, aircraft factory, flying-school or club, or place where aircraft are manufactured,
repaired or kept, or any class or description thereof; and
(d) direct that any aircraft or class of aircraft or any aerodrome, aircraft factory, flying-school or
club, or place where aircraft are manufactured, repaired or kept, together with any machinery, plant,
material or things used for the operation, manufacture, repair or maintenance of aircraft shall be
delivered, either forthwith or within a specified time, to such authority and in such manner as it may
specify in the order, to be at the disposal of Government for the public service.
2[(1A) Any order made under sub-section (1) shall have effect notwithstanding anything inconsistent
therewith contained in any rule made under this Act.]
(2) Any person who suffers direct injury or loss by reason of any order made under clause (c) or
clause (d) of sub-section (1) shall be paid such compensation as may be determined by such authority as
the Central Government may appoint in this behalf.
(3) The Central Government may authorise such steps to be taken to secure compliance with any
order made under sub-section (1) as appear to it to be necessary.
(4) Whoever knowingly disobeys, or fails to comply with, or does any act in contravention of, an
order made under sub-section (1) shall be punishable with imprisonment for a term which may extend to
three years, or with fine, or with both, and the Court by which he is convicted may direct that the aircraft
or thing (if any) in respect of which the offence has been committed, or any part of such thing, shall be
forfeited to Government.
**7. Power of Central Government to make rules for investigation of accidents.—(1) [3][Subject to**
the provisions of section 14, the Central Government may, by notification in the Official Gazette, make
rules providing for the investigation of any accident or incident] arising out of or in the course of [4][the
navigation—
(a) in or over [1][India] of any aircraft, or
(b) anywhere of aircraft registered in [1][India]].
(2) Without prejudice to the generality of the foregoing power, such rules may—
1. Ins. by Act 13 of 2020, s. 5 (19-9-2020).
2. Ins. by Act 12 of 1972, s. 6 (w.e.f. 20-04-1972).
3. Subs. by Act 44 of 2007, s. 7, for “The Central Government may, by notification in the Official Gazette, make rules providing
for the investigation of any accident” (w.e.f. 1-2-2008).
4. Subs. by Act 37 of 1939, s. 5, for “air navigation in or over British India”.
-----
(a) require notice to be given of any [1][accident or incident] in such manner and by such person as
may be prescribed;
(b) apply for the purposes of such investigation, either with or without modification, the
provisions of any law for the time being in force relating to the investigation of accidents;
(c) prohibit pending investigation access to or interference with aircraft to which an [5][accident or
incident] has occurred, and authorise any person so far as may be necessary for the purposes of an
investigation to have access to, examine, remove, take measures for the preservation of, or otherwise
deal with, any such aircraft; and
(d) authorise or require the cancellation, suspension, endorsement or surrender of any licence or
certificate granted or recognised under this Act when it appears on an investigation that the licence
ought to be so dealt with, and provide for the production of any such licence for such purpose.
**8. Power to detain aircraft.—(1) Any authority authorised in this behalf by the Central Government**
may detain any aircraft, if in the opinion of such authority—
(a) having regard to the nature of an intended flight, the flight of such aircraft would involve
danger to persons in the aircraft or to any other persons or property; or
(b) such detention is necessary to secure compliance with any of the provisions of this Act or the
rules applicable to such aircraft; or such detention is necessary to prevent a contravention of any rule
made under clause (h) or clause (i) of sub-section (2) of section 5[ 2][or to implement any order made
by any court.]
(2) [3][Subject to the provisions of section 14, the Central Government] may, by notification in the
Official Gazette, make rules regulating all matters incidental or subsidiary to the exercise of this power.
**4[8A. Power of Central Government to make rules for protecting the public health.—2[Subject to**
the provisions of section 14, the Central Government] may, by notification in the Official Gazette, make
rules for the prevention of danger arising to the public health by the introduction or spread of any
infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention
of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome and in
particular and without prejudice to the generality of this provision may make, with respect to aircraft and
aerodromes or any specified aerodrome, rules providing for any of the matters for which rules under subclauses (i) to (viii) of clause (p) of sub-section (1) of section 6 of the Indian Ports Act, 1908(15 of 1908),
may be made with respect to vessels and ports.]
**5[8B. Emergency powers for protecting the public health.—(1) If the Central Government is**
satisfied that India or any part thereof is visited by or threatened with an outbreak of any dangerous
epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient
for the prevention of danger arising to the public health through the introduction or spread of the disease
by the agency of aircraft, the Central Government may take such measures as it deems necessary to
prevent such danger.
(2) In any such case the Central Government may, without prejudice to the powers conferred by
section 8A, by notification in the Official Gazette, make such temporary rules with respect to aircraft and
persons traveling or things carried therein and aerodromes as it deems necessary in the circumstances.
1. Subs. by Act 44 of 2007, s. 7, for “accident” (w.e.f. 1-2-2008).
2. Ins. by Act 12 of 1972, s. 7 (w.e.f. 20-4-1972).
3. Subs. by Act 44 of 2007, s. 8, for “The Central Government” (w.e.f. 1-2-2008).
4. Ins. by Act 7 of 1936, s. 2.
5. Ins. by Act 22 of 1938, s. 2.
-----
(3) Notwithstanding anything contained in section 14, the power to make rules under sub-section (2)
shall not be subject to the condition of the rules being made after previous publication, but such rules
shall not remain in force for more than three months from the date of notification:
Provided that the Central Government may by special order continue them in force for a further
period or periods of not more than three months in all.]
**1[8C. Power of Central Government to make rules for securing safe custody and re-delivery of**
**unclaimed property.—[2][Subject to the provisions of section 14, the Central Government] may, by**
notification in the Official Gazette, make rules which may provide for securing the safe custody and redelivery of any property which, while not in proper custody, is found on any aerodrome or in any aircraft
on any aerodrome and any such rules may, in particular, provide for—
(a) the payment of charges in respect of any such property before it is re-delivered to the person
entitled there to; and
(b) the disposal of any such property in cases where the same is not re-delivered to the person
entitled thereto before the expiration of such period as may be specified therein.]
**9. Wreck and salvage.—(1)[ 2][The provisions of Part XIII of the Merchant Shipping Act, 1958 (44 of**
1958)], relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal water as they apply
to ships, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered
by the aircraft in like manner as the owner of a ship.
(2) The Central Government may, by notification in the Official Gazette, make such modifications of
the said provisions in their application to aircraft as appear necessary or expedient.
3[9A. Power of Central Government to prohibit or regulate construction of buildings, planting
**of trees, etc. —(1) If the Central Government is of opinion that it is necessary or expedient so to do for**
the safety of aircraft operations, it may, by notification in the Official Gazette,—
(i) direct that no building or structure shall be constructed or erected, or no tree shall be planted
on any land within such radius, not exceeding twenty kilometres from the aerodrome reference point,
as may be specified in the notification and where there is any building, structure or tree on such land,
also direct the owner or the person having control of such building, structure or tree to demolish such
building or structure or, as the case may be, to cut such tree within such period as may be specified in
the notification;
(ii) direct that no building or structure higher than such height as may be specified in the
notification shall be constructed or erected, or no tree, which is likely to grow or ordinarily grows
higher than such height as may be specified in the notification, shall be planted, on any land within
such radius, not exceeding twenty kilometres from the aerodrome reference point, as may be specified
in the notification and where the height of any building or structure or tree on such land is higher than
the specified height, also direct the owner or the person having control of such building, structure or
tree to reduce the height thereof so as not to exceed the specified height, within such period as may be
specified in the notification.
(2) In specifying the radius under clause (i) or clause (ii) of sub-section (1) and in specifying the
height of any building, structure or tree under the said clause (ii), the Central Government shall have
regard to—
(a) the nature of the aircraft operated or intended to be operated in the aerodrome; and
1. Ins. by Act 12 of 1972, s. 8 (w.e.f. 20-4-1972).
2. Subs. by Act 12 of 1972, s. 9, for “The provisions of Part VII of the Indian Merchant Shipping Act, 1923 (21 of 1923)”
(w.e.f. 20-4-1972).
3. Ins. by s. 10, ibid. (w.e.f. 20-4-1972).
-----
(b) the international standards and recommended practices governing the operation of aircraft.
(3) Where any notification has been issued under sub-section (1) directing the owner or the person
having control of any building, structure or tree to demolish such building or structure or to cut such tree
or to reduce the height of any building, structure or tree, a copy of the notification containing such
direction shall be served on the owner or the person having the control of the building, structure or tree, as
the case maybe, —
(i) by delivering or tendering it to such owner or person; or
(ii) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such
owner or person or any adult male member of the family of such owner or person or by affixing a
copy thereof on the outer door or on some conspicuous part of the premises in which such owner or
person is known to have last resided or carried on business or personally worked for gain; or failing
service by these means;
(iii) by post.
(4) Every person shall be bound to comply with any direction contained in any notification issued
under sub-section (1).
**9B. Payment of compensation.—(1) If in consequence of any direction contained in any notification**
issued under sub-section (1) of section 9A, any person sustains any loss or damage, such person shall be
paid compensation the amount of which shall be determined in the manner and in accordance with the
principles hereinafter set out, that is to say,—
(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance
with such agreement;
(b) where no such agreement can be reached, the Central Government shall appoint as arbitrator a
person who is or has been qualified for appointment as a Judge of a High Court;
(c) the Central Government may, in any particular case, nominate a person having expert
knowledge as to the nature of the less or damage suffered by the person to be compensated and where
such nomination is made, the person to be compensated may also nominate an assessor for the same
purpose;
(d) at the commencement of the proceedings before the arbitrator, the Central Government and
the person to be compensated shall state what, in their respective opinion, is a fair amount of
compensation;
(e) the arbitrator shall, after hearing the dispute, make an award determining the amount of
compensation which appears to him to be just and specify the person or persons to whom such
compensation shall be paid; and in making the award he shall have regard to the circumstances of
each case and,—
(i) the damage sustained by the person to be compensated in his earnings;
(ii) if in consequence of any direction contained in any notification issued under sub
section(1)of section 9Athe market value of the land immediately after the issue of such
notification is diminished, the diminution in such market value;
(iii) where any building or structure has been demolished or any tree has been cut or the
height of any building, structure or tree has been reduced in pursuance of any direction, the
damage sustained by the person to be compensated in consequence of such demolition, cutting or
reduction and the expenses incurred by such person for such demolition, cutting or reduction;
-----
(iv) if the person to be compensated is compelled to change his residence or place of business,
the reasonable expenses, if any, that may have to be incurred by him incidental to such change;
(f) where there is any dispute as to the person or persons who are entitled to the compensation, the
arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled
to compensation, he shall apportion the amount thereof amongst such persons;
(g) nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitrations under this section.
(2) Every award made by the arbitrator under clause (e) of sub-section (1) shall also state the amount
of costs incurred in the proceedings before it and by what persons and in what proportions they are to be
paid.
**9C. Appeals from awards in respect of compensation.—Any person aggrieved by an award of the**
arbitrator made under section 9B may, within thirty days from the date of such award, prefer an appeal to
the High Court within whose jurisdiction the aerodrome is situate:
Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days
if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
**9D. Arbitrator to have certain powers of civil courts.—The arbitrator appointed under section 9B,**
while holding arbitration proceedings under this Act, shall have all the powers of a civil court while
trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters,
namely: —
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commissions for examination of witnesses.]
**1[10. Penalty for act in contravention of rule made under this Act.—(1) If any person contravenes**
any provision of any rule made under clause (1) of sub-section (2) of section 5 prohibiting or regulating
the carriage in aircraft of arms, explosives or other dangerous goods, or when required under the rules
made under that clause to give information in relation to any such goods gives information which is false
and which he either knows or believes to be false or does not believe to be true he, and if he is not the
owner, the owner also (unless the owner proves that the offence was committed without his knowledge,
consent or connivance) shall be punishable with imprisonment which may extend to two years and shall
also be liable to [2][fine which may extend to [3][one crore rupees]].
4[(1A) If any person contravenes any provision of any rule made under 5[clause (qa)] of sub-section
(2) of section 5 prohibiting the slaughter and flaying of animals and of depositing rubbish, filth and other
polluted and obnoxious matters within a radius of ten kilometres from the aerodrome reference point, he
shall be punishable with imprisonment which may extend to [6][three years, or with fine which may extend
to [3][one crore rupees]], or with both.]
(1B) Notwithstanding anything contained in the Code of Criminal Procedure) 1973 (2 of 1974), an
offence referred to in sub-section (1A) shall be cognizable.]
1. Subs. by Act 44 of 1960, s. 4, for section 10 (w.e.f. 26-11-1960).
2. Subs. by Act 44 of 2007, s. 11, for “fine” (w.e.f. 1-2-2008).
3. Subs. by Act 13 of 2020, s. 6, for “ten lakh rupees” (w.e.f. 19-9-2020).
4. Ins. by Act 50 of 1988, s. 2, (w.e.f. 23-9-1988).
5. Subs. by Act 13 of 2020, s. 6, for “clause (qq)” (w.e.f. 19-9-2020).
6. Subs. by Act 44 of 2007, s. 11, ibid., for “one year, or fine which may extend to two thousand rupees” (w.e.f. 1-2-2008).
-----
(2) In making any other rule under section 5 or in making any rule under [1][section 4, section 7],
section 8,section 8A or section 8B, the Central Government may direct that a breach of it shall be
punishable with imprisonment for a period which may extend to [2][two years, or with fine which may
extend to [3][one crore rupees]], or with both.
**4[10A. Adjudication of penalties.—(1) Notwithstanding anything contained in sub-section (2) of**
section 10, the Central Government may, in making any rule under section 4, 5, 7, 8, 8A or section 8B,
provide for imposition of penalty not exceeding rupees one crore for the contravention of any rule for
which no other punishment has been provided elsewhere in the Act, or in the rules made thereunder, for
such contravention.
(2) The Central Government may, by an order published in the Official Gazette, appoint such number
of officers not below the rank of Deputy Secretary to the Government of India or equivalent, as it
considers necessary, to be designated officers for adjudging penalty under sub-section (1), in such manner
as the Central Government may, by notification in the Official Gazette, make rules.
(3) The Central Government may, while appointing designated officers under sub-section (2), also
specify their jurisdiction in that order.
(4) Where the designated officer is satisfied that any contravention of the provisions of the rules has
been committed by any person, he may, by an order in writing, impose penalty on such person stating the
nature of contravention, the provision of rules which has been contravened and the reasons for imposing
such penalty:
Provided that the designated officer shall, before imposing any penalty, give a reasonable opportunity
of being heard to such person.
(5) Any person aggrieved by an order made under sub-section (4) may prefer an appeal to an
appellate officer having jurisdiction in the matter who is next higher in rank to the designated officer who
has passed such order.
(6) Every appeal under sub-section (5) shall be filed within thirty days from the date on which the
copy of the order made by the designated officer is received by the aggrieved person and shall be in such
form and manner, and be accompanied by such fees, as the Central Government may, by notification in
the Official Gazette, make rules.
(7) The appellate officer may, after giving the parties to the appeal an opportunity of being heard,
pass such order as he thinks fit, confirming, modifying or setting aside the order appealed against.
**10B. Cancellation of licence or certificate or approval.—Notwithstanding anything contained in**
this Act, if any person contravenes any of the provisions of this Act or the rules made thereunder, the
licence, certificate or approval issued to such person under this Act may be suspended or cancelled in
such manner as the Central Government may, by notification in the Official Gazette, make rules.]
**11. Penalty for flying so as to cause danger.—Whoever wilfully flies any aircraft in such a manner**
as to cause danger to any person or to any property on land or water or in the air shall be punishable with
imprisonment for a term which may extend to [5][two years, or with fine which may extend to [6][one crore
rupees]], or with both.
**7[11A. Penalty for failure to comply with directions issued under section 5A.—If any person**
wilfully fails to comply with any direction issued under section 5A, he shall be punishable with
1. Subs. by s. 11, ibid., for “section 7” (w.e.f. 1-2-2008).
2. Subs. by s. 11, ibid., for “three months, or with fine which may extend to one thousand rupees” (w.e.f. 1-2-2008).
**3. Subs. by Act 13 of 2020, s. 6, for “ten lakh rupees” (w.e.f. 19-9-2020).**
4. Ins. by Act 13 of 2020, s. 7 (w.e.f. 19-9-2020).
5. Subs. by Act 44 of 2007, s. 12, for “six months, or with fine which may extend to one thousand rupees” (w.e.f. 1-2-2008).
6. Subs. by Act 13 of 2020, s. 8, for “ten lakh rupees” (w.e.f. 19-9-2020).
7. Ins. by Act 12 of 1972, s. 11.
-----
imprisonment for a term which may extend to [1][two years] or [2][with fine which may extend to [3][one crore
rupees]], or with both.
**11B. Penalty for failure to comply with directions issued under section 9A.— (1) If any person**
wilfully fails to comply with any direction contained in any notification issued under section 9A, he shall
be punishable with imprisonment for a term which may extend to [4][two years, or with fine which may
extend to [5][one crore rupees]], or with both.
(2) Without prejudice to the provisions of sub-section (1), if any person fails to demolish any building
or structure or cut any tree or fails to reduce the height of any building, structure or tree in pursuance of
any direction contained in any notification issued under sub-section (1) of section 9Awithin the period
specified in the notification, then, subject to such rules as the Central Government may make in this
behalf, it shall be competent for any officer authorised by the Central Government in this behalf to
demolish such building or structure or cut such tree or reduce the height of such building, structure or
tree:]
6[Provided that the power to make rules under this sub-section shall be subject to the provisions of
section 14.]
**12. Penalty for abetment of offences and attempted offences.—Whoever abets the commission of**
any offence under this Act or the rules or attempts to commit such offence, and in such attempt does any
act towards the commission of the offence, shall be liable to the punishment provided for the offence.
**7[12A. Composition of offences.— (1) Notwithstanding anything contained in the Code of Criminal**
Procedure, 1973 (2 of 1974), any offence punishable under sections 10,11,11A,11B and section 12 or
under any rules made thereunder, may be compounded, either before or after the institution of any
prosecution, by the Director General of Civil Aviation or Director General of Bureau of Civil Aviation
Security or Director General of Aircraft Accidents Investigation Bureau, as the case may be, in such
manner as the Central Government may, by notification in the Official Gazette, make rules.
(2) Nothing contained in sub-section (1) shall apply to an offence committed by a person for the
second time or thereafter within a period of five years from the date of commission of a similar offence
which was earlier compounded or for which such person was earlier convicted.
(3) Every officer referred to in sub-section (1) shall exercise the powers to compound an offence,
subject to the direction, control and supervision of the Central Government.
(4) Every application for the compounding of an offence shall be made in such manner as the Central
Government may, by notification in the Official Gazette, make rules.
(5) Where any offence is compounded before the institution of any prosecution, no prosecution shall
be instituted in relation to such offence by an officer referred to in sub-section (1) against the offender in
relation to whom the offence is so compounded.
(6) Where the composition of any offence is made after the institution of any prosecution, such
composition shall be brought to the notice of the court in which the prosecution is pending, in writing, by
the officer referred to in sub-section (1), and on such notice of the composition of the offence being
given, the person against whom the offence is so compounded shall be discharged.
(7) The composition of an offence under this section shall have the effect of an acquittal of the
accused with whom the offence has been compounded.
1. Subs. by Act 44 of 2007, s. 13, for “six months” (w.e.f. 1-2-2008).
2. Subs. by Act 51 of 2000, s. 2, for “with fine which may extend to one thousand rupees” (w.e.f. 1-1-2004).
3. Subs. by Act 13 of 2020, s. 9, for “ten lakh rupees” (w.e.f. 19-9-2020).
4. Subs. by Act 44 of 2007, s. 14, for “six months, or with fine which may extend to one thousand rupees” (w.e.f. 1-2-2008).
5. Subs. by Act 13 of 2020, s. 10, for “ten lakh rupees” (w.e.f. 19-9-2020).
6. Ins.by s. 14, ibid. (w.e.f. 1-2-2008).
7. Ins. by Act 13 of 2020, s. 11 (w.e.f. 19-9-2020).
-----
(8) No offence specified in sub-section (1) shall be compounded except as provided in this section.
**12B. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under**
this Act, save on a complaint made by or with the previous sanction in writing by the Director General of
Civil Aviation or Director General of Bureau of Civil Aviation Security or Director General of Aircraft
Accidents Investigation Bureau, as the case may be.
(2) The complaint referred to in sub-section (1) shall be made within a period of one year from the
date on which the offence came to the knowledge of the Director General of Civil Aviation or Director
General of Bureau of Civil Aviation Security or Director General of Aircraft Accidents Investigation
Bureau, as the case may be.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no
court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try the offences
under this Act.]
**13. Power of Court to order forfeiture.—[1][Where any person is convicted of an offence punishable**
under sub-section (1) of section 10or under any rule made under clause (i) of sub-section (2) of section 5],
the Court by which he is convicted may direct that the aircraft or article or substance, as the case may be,
in respect of which the offence has been committed, shall be forfeited to Government].
2[14. Rules to be made after publication. —Any power to make rules conferred by this Act is
subject to the condition of the rules being made after previous publication:
Provided that the Central Government may, in the public interest, by order in writing, dispense with
the condition of previous publication in any case.]
**3[14A. Laying of rules before Parliament.—Every rule made under this Act shall be laid as soon as**
may be after it is made before each House of Parliament while it is in session [4][for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid], both Houses
agree in making any modification in the rule, or both Houses agree that the rule should not be made, the
# rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so
however, that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
**15. Use of patented invention on aircraft not required in India.—The provisions of section 42 of**
the Indian Patents and Designs Act, 1911 (2 of 1911), shall apply to the use of an invention on any
aircraft not registered in[ 5][India] in like manner as they apply to the use of an invention in a foreign
vessel.
**16. [Power to apply customs procedure.]—Rep. by the Customs Act, 1962 (52 of l962), s. 160 and the**
_Schedule (w.e.f. l-2-1963).]_
**17. Bar of certain suits—No suit shall be brought in any Civil Court in respect of trespass or in**
respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground
which having regard to wind, weather and all the circumstances of the case is reasonable, or by reason
only of the ordinary incidents of such flight.
**18. Saving for acts done in good faith under the Act.—No suit, prosecution or other legal**
proceeding shall lie against any person for anything in good faith done or intended to be done under this
Act.
1. Subs. by Act 44 of 1960, s. 5, for certain words (w.e.f. 26-11-1960).
2. Subs. by Act 69 of 1985, s. 2, for section 14 (w.e.f. 16-10-1985).
3. Ins. by Act 44 of 1960, s. 6 (w.e.f. 26-11-1960).
4. Subs. by Act 1 of 1983, s. 3, for certain words (w.e.f. 26-3-1983).
5. Subs. by Act 24 of 1948, s. 3 for “the Provinces”.
-----
**19. Saving of application of Act.—(1) Nothing in this Act or in any order or rule made thereunder**
1[other than a rule made under section 8Aor under section 8B] shall apply to or in respect of any aircraft
belonging to or exclusively employed in [2][the naval, military or air forces of the Union [3][or other armed
forces of the Union constituted by any law for the time being in force]], or to any person in such forces
employed in connection with such aircraft.
3[Provided that any aircraft belonging to an armed force of the Union other than naval, military or air
forces of the Union, for which the provisions of this Act and the rules made thereunder are applicable on
the date of commencement of the Aircraft (Amendment) Act, 2020, shall continue to be so governed by
this Act and the rules made thereunder till such date as the Central Government may, by notification in
the Official Gazette, specify.]
(2) Nothing in this Act or in any order or rule made there under shall apply to or in respect of any
lighthouse to which the Indian Lighthouse Act, 1927 (17 of 1927), applies or prejudice or affect any right
or power exercisable by any authority under that Act.
**20.[Repeals.]—Rep.by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.**
______
1. Ins. by Act 12 of 1972, s. 12 (w.e.f. 20-4-1972).
2. Subs. by the A.O. 1950, for “His Majesty’s naval, military or air forces”.
3. Ins. by Act 13 of 2020, s. 12 (w.e.f. 19-9-2020).
-----
|
6-Sep-1934 | 30 | The Petroleum Act, 1934 | https://www.indiacode.nic.in/bitstream/123456789/2401/1/A1934-30.pdf | central | THE PETROLEUM ACT, 1934
**______**
ARRANGEMENT OF SECTIONS
______
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER I
CONTROL OVER PETROLEUM
3. Import, transport and storage of petroleum.
4. Rules for the import, transport and storage of petroleum.
5. Production, refining and blending of petroleum.
6. Receptacles of petroleum Class A to show a warning.
7. No licence needed for transport or storage of limited quantities of petroleum Class B or petroleum
Class C.
8. No licence needed for import, transport or storage of small quantities of petroleum Class A.
9. Exemptions for motor conveyances and stationary engines.
10. No licence needed by railway administration acting as carrier.
11. Exemption of heavy oils.
12. General power of exemption.
13. Inspection of places.
CHAPTER II
THE TESTING OF PETROLEUM
14. Inspection and sampling of petroleum.
15. Standard Test Apparatus.
16. Certification of other test apparatus.
17. Testing officers.
18. Manner of test.
19. Certificate of testing.
-----
SECTIONS
20. Right to require re-test.
21. Power to make rules regarding tests.
22. Special rules for testing viscous or solid forms of petroleum.
CHAPTER III
PANALTIES AND PROCEDURE
23. General penalty for offences under this Act.
24. Confiscation of petroleum and receptacles.
25. Jurisdiction.
26. Power of entry and search.
27. Notice of accidents with petroleum.
28. Inquiries into serious accidents with petroleum.
CHAPTER IV
SUPPLEMENTAL
29. Provisions relating to rules
30. [Repealed.].
31. Power to limit powers of local authorities over petroleum.
32. [Repealed.].
THE SCHEDULE. —[Repealed.].
-----
# THE PETROLEM ACT, 1934
ACT NO. 30 OF 1934[1]
[6th September, 1934.]
An Act to consolidate and amend the law relating to the import, transport, storage, production, refining
and blending of petroleum [2]***.
WHEREAS it is expedient to consolidate and amend the law relating to import, transport, storage,
production, refining and blending of petroleum [2]***; It is hereby enacted as follows: —
PRELIMINARY
**1. Short title, extent and commencement. —(1) This Act may be called the Petroleum Act, 1934.**
3[(2) It extends to the whole of India 4***].
(3) It shall come into force on such date[5] as the Central Government may, by notification in the
Official Gazette, appoint.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) “petroleum” means any liquid hydrocarbon or mixture of hydrocarbons, and any inflammable
mixture (liquid, viscous or solid) containing any liquid hydrocarbon;
6[(b) “petroleum Class A” means petroleum having a flash-point below twenty-three degrees
Centigrade;
(bb) “petroleum Class B” means petroleum having a flash-point of twenty-three degrees
Centigrade and above but below sixty-five degrees Centigrade;
(bbb) “petroleum Class C” means petroleum having a flash-point of sixty-five degrees Centigrade
and above but below ninety-three degree Centigrade;]
(c) [7][“flash-point”] of any petroleum means the lowest temperature at which it yields a vapour
which will give a momentary flash when ignited, determined in accordance with the provisions of
Chapter II and the rules made thereunder;
8[(d) “to transport petroleum” means to move petroleum from one place to another in India and
includes moving from one place to another in India across a territory which is not part of India;]
1. This Act has been extended to Berar by the Petroleum (Berar Extension) Act, 1937 (23 of 1937). All rules made and
notifications issued under this Act and in force in British India at the commencement of Act 23 of 1937 (i.e., the 7 October,
1937) have also been extended to Berar by s. 3 of the latter Act.
This Act has been extended to Goa, Daman and Diu (with modification) by Reg. 12 of 1962, s. 3 and the Schedule.; extended
to Pondicherry on 1-10-1963 vide Reg. 7 of 1963, s. 3 and the First Schedule; to Dadra and Nagar Haveli (w.e.f. 1-7-1965)
_vide Reg. 6 of 1963, s. 2 and the First Schedule and to Lakshadweep (w.e.f. 1-10-1967); vide Reg. 8 of 1965, s. 3 and_
Schedule.
2. The words “and other inflammable substances” omitted by Act 24 of 1970, s. 2 (w.e.f. 1-8-1976).
3. Subs. by the A.O. 1950, for sub-section (2).
4. The words “except the State of Jammu and Kashmir” omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956).
5. 30th March, 1937, Gazette of India, 1937, pt. I, p. 632.
6. Subs. by Act 24 of 1970, s. 3, for clause (b) (w.e.f. 1-8-1976).
7. Subs. by s. 3, ibid., for “flashing-point” (w.e.f. 1-8-1976).
8. Subs. by s. 3, ibid., for clause (d) (w.e.f. 1-8-1976).
-----
(e) “to import” petroleum means to bring it into [1][India] by land, sea or air, otherwise than during
the course of transport;
(f) “to store” petroleum means to keep it in any one place, but does not include any detention
happening during the ordinary course of transport;
(g) “motor conveyance” means any vehicle, vessel or aircraft for the conveyance of human
beings, animals or goods, by land, water or air, in which petroleum is used to generate the motive
power;
(h) “prescribed” means prescribed by rules made under this Act.
2* - - -
CHAPTER I
CONTROL OVER PETROLEUM
**3. Import, transport and storage of petroleum.—(1) No one shall import, transport or store any**
petroleum save in accordance with the rules made under section 4.
(2) Save in accordance with the conditions of any licence for the purpose which he may be required to
obtain by rules made under section 4, no one shall import [3][petroleum Class A], and no one shall transport
transport or store any petroleum.
**4. Rules for the import, transport and storage of petroleum.—The [4][Central Government] may**
makes rules—
(a) prescribing places where petroleum may be imported and prohibiting its import elsewhere;
(b) regulating the import of petroleum;
(c) prescribing the periods within which licences for the import of [5][petroleum Class A] shall be
applied for, and providing for the disposal, by confiscation or otherwise, of any [5][petroleum Class A]
in respect of which a licence has not been applied for within the prescribed period or has been refused
and which has not been exported;
(d) regulating the transport of petroleum;
(e) specifying the nature and condition of all receptacles and pipe-lines in which petroleum may
be transported;
(f) regulating the places at which and prescribing the conditions subject to which petroleum may
be stored;
(g) specifying the nature, situation and condition of all receptacles in which petroleum may be
stored;
(h) prescribing the form and conditions of licences for the import of [5][petroleum Class A], and for
the transport or storages of any petroleum, the manner in which applications for such licences shall be
1. Subs. by Act 62 of 1956, s. 2 and the Schedule for “the territories to which this Act extends” (w.e.f. 1-11-1956).
2. Clause (i) omitted by Act 3 of 1951, s. 3 and the Schedule. Earlier inserted by the A.O. 1950.
3. Subs. by Act 24 of 1970, s. 4, for “any dangerous petroleum” (w.e.f. 1-8-1976).
4. Subs. by the A.O. 1937, for “Governor-General-in-Council”.
5. Subs. by Act 24 of 1970, s. 5, for “dangerous petroleum” (w.e.f. 1-8-1976).
-----
made, the authorities which may grant such licences and the fees which may be charged for such
licences;
(i) determining in any class of cases whether a licence for the transport of petroleum shall be
obtained by the consignor, consignee or carrier;
(j) providing for the granting of combined licences for the import, transport and storage of
petroleum, or for any two of such purposes;
(k) prescribing the proportion in which any specified poisonous substance may be added to
petroleum, and prohibiting the import, transport or storage of petroleum in which the proportion of
any specified poisonous substance exceeds the prescribed proportion; and
(l) generally, providing for any matter which in [1][its] opinion is expedient for proper control over
the import, transport and storage of petroleum [2][including the charging of fees for any services
rendered in connection with the import, transport and storage of petroleum].
**5. Production, refining and blending of petroleum.—** (1) No one shall produce, refine or blend
petroleum save in accordance with the rules made under sub-section (2).
(2) The [3][Central Government] may makes rules—
(a) prescribing the conditions subject to which petroleum may be produced, refined or blended;
and
(b) regulating the removal of petroleum from places where it is produced, refined or blended and
preventing the storage therein and removal therefrom, except as [4] [petroleum Class A], of any
petroleum, which has not satisfied the prescribed tests.
5* - - - *
**6. Receptacles of petroleum Class A to show a warning.—All receptacles containing [6][petroleum**
Class A] shall have a stamped, embossed, painted or printed warning, either on the receptacle itself or,
where that is impracticable, displayed near the receptacle, exhibiting in conspicuous characters the words
“Petrol” or “Motor Spirit”, or an equivalent warning of the dangerous nature of the petroleum:
Provided that this section shall not apply to—
(a) any securely stoppered glass, stoneware or metal receptacle of less than [7][ten litres] capacity
containing [6][petroleum Class A] which is not for sale, or
(b) a tank incorporated in a motor conveyance, or attached to an internal combustion engine, and
containing petroleum intended to be used to generate motive power for the motor conveyance or
engine, or
(c) a pipe-line for the transport of petroleum, or
1. Subs. by the A.O. 1937, for “his”.
2. Ins. by Act 24 of 1970, s. 5 (w.e.f. 1-8-1976).
3. Subs. by the A.O. 1937, for “Governor-General-in-Council”.
4. Subs. by Act 24 of 1970, s. 6, for “dangerous petroleum” (w.e.f. 1-8-1976).
5. Sub-section (3) omitted by the A.O. 1937.
6. Subs. by Act 24 of 1970, s. 7, for “dangerous petroleum” (w.e.f. 1-8-1976).
7. Subs. by s. 7, ibid., for “two gallons” (w.e.f. 1-8-1976).
-----
(d) any tank which is wholly underground, or
(e) any class of receptacles which the Central Government may, by notification in the Official
Gazette, exempt from the operation of this section.
**1[7. No licence needed for transport or storage of limited quantities of petroleum Class B or**
**petroleum Class C.—Notwithstanding anything contained in this Chapter, a person need not obtain a**
licence for the transport or storage of—
(i) petroleum Class B if the total quantity in his possession at any one place does not exceed two
thousand and five hundred litres and none of it is contained in a receptacle exceeding one thousand
litres in capacity; or
(ii) petroleum Class C if the total quantity in his possession at any one place does not exceed
forty-five thousand litres and such petroleum is transported or stored in accordance with the rules
made under section 4.
**8. No licence needed for import, transport or storage of small quantities of petroleum Class**
**A.—(1) Notwithstanding anything contained in this Chapter, a person need not obtain a licence for the**
import, transport or storage of petroleum Class A not intended for sale if the total quantity in his
possession does not exceed thirty litres,
(2) Petroleum Class A possessed without a licence under this section shall be kept in securely
stoppered receptacles of glass, stoneware or metal which shall not, in the case of receptacles of glass or
stoneware, exceed one liter in capacity or, in the case of receptacles of metal exceed twenty-five litres in
capacity.]
**9. Exemptions for motor conveyances and stationary engines.—(1) The owner of a motor**
conveyance, who complies with the requirements of the law for the time being in force relating to the
registration and licensing of such conveyance and its driver or pilot and the owner of any stationary
internal combustion engine, shall not be required to obtain a licence—
(a) for the import, transport or storage of any petroleum contained in any fuel tank incorporated
in the conveyance or attached to the internal combustion engine, or
(b) for the transport or storage of [2][petroleum Class A], not exceeding [3][one hundred litres] in
quantity in addition to any quantity possessed under clause (a),
provided the petroleum is intended to be used to generate motive power for motor conveyance or engine:
4[Provided further that the total quantity of 2[petroleum Class A] which may be stored without a
licence under clause (b) shall not exceed [3][one hundred litres], notwithstanding that such owner may
possess other motor conveyances or engines.]
(2) [2][Petroleum Class A] transported or stored without a licence under clause (b) [4][of sub-section (1)]
shall be kept as provided in sub-section (2) of section 8, and, if it exceeds [5][thirty litres] in quantity, shall
be stored in an isolated place which does not communicate with any room where any person resides or
works or in any room where persons assemble.
1. Subs. by Act 24 of 1970, s. 8, for sections 7 and 8 (w.e.f. 1-8-1976).
2. Subs. by s. 9, ibid., for “dangerous petroleum” (w.e.f. 1-8-1976).
3. Subs. by s. 9, ibid., for “twenty gallons” (w.e.f. 1-8-1976).
4. Ins. by Act 25 of 1940, s. 2
5. Subs. by Act 24 of 1970, s. 9, for “six gallons” (w.e.f. 1-8-1976).
-----
**10. No licence needed by railway administration acting as carrier.—Notwithstanding anything**
contained in this Chapter, a railway administration as defined in section 3 of the Indian Railways Act,
1890 (9 of 1890) need not obtain any licence for the import or transport of any petroleum in its possession
in its capacity as carrier.
**1[11. Exemption of heavy oils.—Nothing in this Chapter shall apply to any petroleum which has its**
flash-point not below ninety-three degrees Centigrade.]
**12. General power of exemption.—The [2][Central Government] may, by notification in the Official**
Gazette, exempt any petroleum specified in the notification from all or any of the provisions of this
Chapter.
**13. Inspection of places.— (1) The [2][Central Government] may authorise any officer by name or by**
virtue of office to enter any place where petroleum is being imported, stored, produced, refined or
blended, or is under transport, and inspect all receptacles, plant and appliances used in connection with
petroleum in order to ascertain if they are in accordance with the provisions of this Chapter and the rules
made thereunder.
(2) The [2][Central Government] may make rules regulating the procedure of officers authorised under
this section.
CHAPTER II
THE TESTING OF PETROLEUM
**14. Inspection and sampling of petroleum.—(1) The [2][Central Government] may, by notification in**
the Official Gazette, authorise, any officer by name or by virtue of office to enter any place where
petroleum is being imported, transported, stored, produced, refined or blended and to inspect and take
samples for testing of any petroleum found therein.
(2) The [2][Central Government] may make rules—
(a) regulating the taking of samples of petroleum for testing;
(b) determining the cases in which payment shall be made for the value of samples taken, and the
mode of payment, and
(c) generally, regulating the procedure of officers exercising powers under this section.
**15. Standard Test Apparatus.—(1) A standard apparatus for determining the** [3][flash-point] of
petroleum shall be deposited with an officer to be appointed in this behalf by the [2][Central Government]
by notification in the Official Gazette.
(2) Such apparatus shall be engraved with the words “Standard Test Apparatus”, and shall be verified
and corrected from time to time and replaced when necessary, in accordance with rules under section 21.
(3) The Standard Test Apparatus shall, on payment of the prescribed fee, be open to inspection at all
reasonable times by any person wishing to inspect it.
1. Subs. by Act 24 of 1970, s. 10, for section 11 (w.e.f. 1-8-1976).
2. Subs. by the A.O. 1937, for “Governor-General-in-Council”.
3. Subs. by Act 24 of 1970, s. 10, for “flashing-point” (w.e.f. 1-8-1976).
-----
**16. Certification of other test apparatus.—(1) The officer appointed under section 15 shall, on**
payment of the prescribed fee, if any, compare with the Standard Test Apparatus and apparatus for
determining the [1][flash-point] of petroleum which may be submitted to him for this purpose.
(2) If any apparatus is found by him to agree with the Standard Test Apparatus within prescribed
limits, the officer shall engrave such apparatus with a special number and with the date of the comparison
and shall give a certificate in respect of it in the prescribed form, certifying that on the said date the
apparatus was compared with the Standard Test Apparatus and was found to agree with it within the
prescribed limits, and specifying any corrections to be made in the results of tests carried out with the
apparatus.
(3) A certificate granted under this section shall be valid for such period as may be prescribed.
(4) A certificate granted under this section shall, during the period for which it is valid, be proof, until
the contrary is proved, of any matter stated therein.
(5) The officer shall keep a register in the prescribed form of all certificates granted by him under this
section.
**17. Testing officers.— The [2][Central Government] may authorise any officer by name or by virtue of**
office to test petroleum of which samples have been taken under this Act, or which may have been
submitted to him for test by any person, and to grant certificates of the results of such tests.
**18. Manner of test.—All tests of petroleum made under this Act shall be made with a test apparatus**
in respect of which there is valid certificate under section 16, shall have due regard to any correction
specified in that certificate, and shall be carried out in accordance with rules made under section 21.
**19. Certificate of testing.— [3][(1) The testing officer after testing samples of petroleum shall make**
out a certificate in the prescribed form, stating whether the petroleum is petroleum Class A or petroleum
Class B or petroleum Class C and if the petroleum is petroleum Class B or petroleum Class C, the
flash-point of the petroleum.]
(2) The testing officer shall furnish the person concerned, at his request, with a certified copy of the
certificate, on payment of the prescribed fee, and such certified copy may be produced in any court in
proof of the contents of the original certificate.
4[(3) A certificate given under this section shall be admitted as evidence in any proceedings which
may be taken under this Act in respect of the petroleum from which the samples were taken, and shall,
until the contrary is proved, be conclusive proof, that the petroleum is petroleum Class A or petroleum
Class B or petroleum Class C, and, if the petroleum is petroleum Class B or petroleum Class C, of its
flash-point.]
**20. Right to require re-test.—(1) The owner of any petroleum, or his agent, who is dissatisfied with**
the result of the test of the petroleum may, within seven days from the date on which he received
intimation of the result of the test, apply to the officer empowered under section 14 to have fresh samples
of the petroleum taken and tested.
1. Subs. by Act 24 of 1970, s. 12, for “flashing-point” (w.e.f. 1-8-1976).
2. Subs. by the A.O. 1937, for “Governor-General-in-Council”.
3. Subs. by Act 24 of 1970, s. 13, for sub-section (1) (w.e.f. 1-8-1976).
4. Subs. by s. 13, ibid., for sub-section (3) (w.e.f. 1-8-1976).
-----
(2) On such application and on payment of the prescribed fee, fresh samples of the petroleum shall be
taken in the presence of such owner or agent or person deputed by him, and shall be tested in the presence
of such owner or agent or person deputed by him.
(3) If, on such re-test, it appears that the original test was erroneous the testing officer shall cancel the
original certificate granted under section 19, shall make out a fresh certificate, and shall furnish the owner
of the petroleum, or his agent, with a certified copy thereof, free of charge.
**21. Power to make rules regarding tests.—The [1][Central Government] may make rules—**
(a) for the specification, verification, correction and replacement of the Standard Test Apparatus;
(b) prescribing fees for the inspection of the Standard Test Apparatus;
(c) regulating the procedure in comprising a test apparatus with the Standard Test Apparatus;
(d) prescribing the form of certificate to be given in respect of a test apparatus so compared, and
the period for which such certificate shall be valid;
(e) prescribing the form of the register of such certificates;
(f) prescribing fees for comparing a test apparatus with Standard Test Apparatus;
(g) regulating the procedure of testing officers in carrying out tests of petroleum, providing for
the averaging of results where several samples of the same petroleum are tested, and prescribing the
variations from standard temperatures which may be allowed;
(h) prescribing the form of certificate of tests of petroleum and the fees which may be charged
therefore;
(i) providing, where the results of the testing of samples raise a doubt as to the uniformity of the
quality of the petroleum in any lot under test, for the division of the lot into sub-lots, and for the
selection and testing of samples of each sub-lot and for the averaging of results in accordance with
the results of tests of those samples;
(j) prescribing fees for re-tests under section 20 and providing for their refund where the original
test was erroneous; and
(k) generally, regulating the procedure of all officers performing duties connected with the testing
of petroleum, and providing for any matter incidental to such testing.
**22. Special rules for testing viscous or solid forms of petroleum.—The** [1][Central Government]
may also make rules providing specially for the testing of any form of petroleum which is viscous or solid
or contains sediment or thickening ingredients, and such rules may modify or supplement any of the
provisions of this Chapter or of the rules made under section 21 in order to adapt them to the special
needs of such tests.
CHAPTER III
PENALTIES AND PROCEDURE
**23. General penalty for offences under this Act.—(1) Whoever—**
(a) in contravention of any of the provisions of Chapter I or of any of the rules made thereunder,
imports, transports, stores, produces, refines or blends any petroleum, or
1. Subs. by the A.O. 1937, for “Governor-General-in-Council”.
-----
(b) contravenes any rule made under section 4 or section 5, or
1[(c) being the holder or a licence issued under section 4 or a person for the time being placed by
the holder of such licence in control or in charge of any place where petroleum is being imported or
stored, or is under transport, contravenes any condition of such licence or suffers any condition of
such licence to be contravened, or]
(d) being for the time being in control or in charge of any place where petroleum is being
imported, stored, produced, refined or blended or is under transport, refuses or neglects to show to
any officer authorised under section 13 any receptacle, plant or appliance used in such place in
connection with petroleum, or in any way obstructs or fails to render reasonable assistance to such
officer during an inspection, or
(e) being for the time being in control or in charge of any place where petroleum is being
imported, transported, stored, produced, refined or blended, refuses or neglects to show to any officer
authorised under section 14 any petroleum in such place, or to give him such assistance as he may
require for the inspection of such petroleum, or refuses to allow him to take samples of the petroleum,
or
(f) being required, under section 27, to give information of an accident, fails to give such
information as so required by that section,
shall be punishable [2][with simple imprisonment which may extend to one month, or with fine which may
extend to one thousand rupees, or with both].
(2) If any person, having been convicted of an offence punishable under sub-section (1), is again
guilty of any offence punishable under that sub-section, he shall be punishable for every such subsequent
offence [2][with simple imprisonment which may extend to three months, or with fine which may extend to
five thousand rupees, or with both].
**24. Confiscation of petroleum and receptacles.—(1) In any case in which an offence under**
clause (a) or clause (b) or clause (c) of sub-section (1) of section 23 has been committed, the convicting
Magistrate may direct that—
(a) the petroleum in respect of which the offence has been committed, or
(b) where the offender is convicted of importing, transporting or storing petroleum exceeding the
quantity he is permitted to import, transport or store, as the case may be, the whole of the petroleum
in respect of which the offence was committed,
shall, together with the receptacles in which it is contained, be confiscated.
(2) This power may also be exercised by the High Court in the exercise of its appellate or revisional
powers.
**25. Jurisdiction.—(1) Offences punishable under this Act shall be triable in the Presidency-towns, by**
a Presidency Magistrate, and elsewhere by a Magistrate of the first class, or by a Magistrate of the second
class who has been specially empowered by the [3][Central Government] in this behalf.
1. Subs. by Act 3 of 1941, s. 2, for clause (c)
2. Subs. by Act 24 of 1970, s. 14, for certain words (w.e.f. 1-8-1976).
3. Subs. by the A.O. 1937, for “Local Government”.
-----
**26. Power of entry and search.— (1) The [1][Central Government] may, by notification in the Official**
Gazette, authorise any officer by name or by virtue of office to enter and search any place where he has
reason to believe that any petroleum is being imported, transported, stored, produced, refined or blended
otherwise than in accordance with the provisions of this Act and the rules made thereunder, and to seize,
detain or remove any or all of the petroleum in respect of which in his opinion an offence under this Act
has been committed.
(2) The provisions of the [2][Code of Criminal Procedure, 1973 (2 of 1974)], relating to searches shall,
so far as they are applicable, apply to searches by officers authorised under this section.
(3) The [1][Central Government] may make rules regulating the procedure of authorised officers in the
exercise of their powers under this section subject, however, to the provisions of sub-section (2).
**3[27. Notice of accidents with petroleum.—Whenever there occurs in or about, or in connection**
with, any place in which petroleum is refined, blended or kept, or any carriage or vessel either conveying
petroleum or on or from which petroleum is being loaded or unloaded, any accident by explosion
or by fire as a result of the ignition of petroleum or petroleum vapour attended with loss of human life or
serious injury to person or property, or of a description usually attended with such loss or injury, the
occupier of the place or the person for the time being in charge of the petroleum or the person in charge of
the carriage or the master of the vessel, as the case may be, shall, within such time and in such manner as
may be prescribed, give notice thereof and of the attendant loss of human life, or injury to person or
property, if any, to the nearest Magistrate or to the officer in charge of the nearest police station and to
the [4][Chief Controller of Explosives].]
**28. Inquiries into serious accidents with petroleum.— (1) The inquiry mentioned in section 176 of**
the [5][Code of Criminal Procedure, 1973 (2 of 1974)], shall, [6][unless section 8 of the Coroners Act, 1871
(4 of 1871), is applicable to the circumstances,] be held in all cases where any person has been killed by
an accident which the Magistrate has reason to believe was the result of the ignition of petroleum or
petroleum vapour.
(2) Any Magistrate empowered to hold an inquest may also hold an inquiry under the said section
into the cause of any accident which he has reason to believe was the result of the ignition of petroleum or
petroleum vapour, if such accident was attended by serious injury to person or property, notwithstanding
that no person was killed thereby.
(3) For the purposes of [7][sub-section (2)] a Commissioner of Police [8]*** [9]*** shall be deemed to be a
be a Magistrate empowered to hold an inquest.
(4) The result of all inquiries held in pursuance of this section [6][and of any inquiry held by a coroner
in a case to which sub-section (1) refers] shall be submitted as soon as may be to the [10] [Central
Government, [6][the [11][Chief Controller of Explosives]] and the State Government.]
1. Subs. by the A.O. 1937, for “Governor-General-in-Council”.
2. Subs. by Act 31 of 1977, s. 2, for “Code of Criminal Procedure, 1898” (w.e.f. 12-8-1977).
3. Subs. by Act 24 of 1970, s. 15, for s. 27 (w.e.f. 1-8-1976).
4. Subs. by Act 31 of 1977, s. 2, for “Chief Inspector of Explosives in India” (w.e.f. 12-8-1977).
5. Subs. by s. 4, ibid., for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 12-8-1977).
6. Ins. by Act 25 of 1940, s. 3.
7. Subs. by s. 3, ibid., for “this section”.
8. The words “in a Presidency-town” omitted by Act 24 of 1970, s. 16 (w.e.f. 1-8-1976).
9. The words “or in Rangoon” omitted by the A.O. 1937.
10. Subs. by the A.O. 1937, for “Local Government”.
11. Subs by Act 31 of 1977, s. 4, for “Chief Inspector of Explosives in India” (w.e.f. 12-8-1977).
-----
CHAPTER IV
SUPPLEMENTAL
**29. Provisions relating to rules.—(1) In making any rules under this Act, the [1][Central Government]**
Government] may—
(a) provide for any matter ancillary to such rules for which in [2][its] opinion provision is necessary
necessary to protect the public from danger arising from the import, transport, storage, production,
refining or blending of petroleum, and
(b) make special provision for the special circumstances of any State or place.
(2) Every power to make rules conferred by this Act is subject to the condition of previous
publication.
(3) All rules made under this Act shall be published in the Official Gazette [3]***.
4[(4) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything previously done under that rule.]
**30.** [Power to apply Act to other substances.]—Rep. by the Inflammable Substances Act, 1952
(20 of 1952), s. 7.
**31. Power to limit powers of local authorities over petroleum.—Where any enactment confers**
powers upon any local authority in respect of the transport or storage of petroleum, the [1][Central
Government] may, by notification in the Official Gazette,—
(a) limit the operation of such enactment, or
(b) restrict the exercise of such powers, in any manner [5][it] deems fit.
**32. [Repeals.]— Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.**
THE SCHEDULE.—[Enactments repealed.] _Rep. by s. 2 and the Schedule, ibid.]_
1. Subs. by the A.O. 1937, for “Local Government”.
2. Subs. ibid., for “his”.
3. The words “and in the local Official Gazette” omitted, ibid.
4. Ins. by Act 31 of 1977, s. 5 (w.e.f. 12-8-1977).
5. Subs. by the A.O. 1937, for “he”.
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|
23-Apr-1936 | 03 | The Parsi Marriage and Divorce Act, 1936. | https://www.indiacode.nic.in/bitstream/123456789/2476/1/a1936_____3.pdf | central | # THE PARSI MARRIAGE AND DIVORCE ACT, 1936
_________
# ARRANGEMENT OF SECTIONS
__________
I.—PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
II.—MARRIAGES BETWEEN PARSIS
3. Requisites to validity of Parsi marriages.
4. Remarriage when unlawful.
5. Punishment of bigamy.
6. Certificate and registry of marriage.
7. Appointment of Registrar.
8. Marriage register to be open for public inspection.
9. Copy of certificate to sent to Registrar-General of Births, Deaths and Marriages.
10. Registration of divorces.
11. Penalty for solemnizing marriage contrary to section 4.
12. Penalty for priest’s neglect of requirements of section 6.
13. Penalty for omitting to subscribe and attest certificate.
14. Penalty for making, etc., false certificate.
15. Penalty for failing to register certificate.
16. Penalty for secreting, destroying or altering register.
17. Formal irregularity not to invalidate marriage.
III.—PARSI MATRIMONIAL COURTS
18. Constitution of Special Courts under the Act.
19. Parsi Chief Matrimonial Courts.
20. Parsi District Matrimonial Courts.
21. Power to alter territorial jurisdiction of District Courts.
22. Certain districts to be within jurisdiction of the Chief Matrimonial Court.
23. Court seal.
-----
SECTIONS
24. Appointment of delegates.
25. Power to appoint new delegates.
26. Delegates to be deemed public servants.
27. Selection of delegates under sections 19 and 20 to be from those appointed under section 24.
28. Practitioners in Matrimonial Courts.
29. Court in which suits to be brought.
IV.—MATRIMONIAL SUITS
30. Suits for nullity.
31. Suits for dissolution.
32. Grounds for divorce.
32A. Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of
a decree to be ground for divorce.
32B. Divorce by mutual consent.
33. Joining of co-defendant.
34. Suits for judicial separation.
35. Decrees in certain suits.
36. Suit for restitution of conjugal rights.
37. Counter-claim by defendant for any relief.
38. Documentary evidence.
39. Alimony pendente lite.
40. Permanent alimony and maintenance.
41. Payment of alimony to wife or to her trustee.
42. Disposal of joint property.
43. Suits to be heard in camera and may not be printed or published.
44. Validity of trial.
45. Provisions of Civil Procedure Code to apply to suits under the Act.
46. Determination of questions of law and procedure and of fact.
47. Appeal to High Court.
48. Liberty to parties to marry again.
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V.—CHILDREN OF THE PARTIES
SECTIONS
49. Custody of children.
50. Settlement of wife’s property for benefit of children.
VI.—MISCELLANEOUS
51. Superintendence of High court.
52. Applicability of provisions of the Act.
53. [Repealed.]
SCHEDULE I.
SCHEDULE II.
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# THE PARSI MARRIAGE AND DIVORCE ACT, 1936
# ACT NO. 3 OF 1936[1]
An Act to amend the law relating to marriage and divorce among Parsis.
[23rd April, 1936.]
WHEREAS it is expedient to amend the law relating to marriage and divorce among Parsis; It is
hereby enacted as follows:—
I.—PRELIMINARY
**1. Short title, extent and commencement.—(1) This Act may be called the Parsi Marriage and**
Divorce Act, 1936.
(2) [2][It extends to the whole of India except the State of Jammu and Kashmir*]:
Provided that the Central Government may, in respect of [3][territories which, immediately before the
1st November, 1956, were comprised in Part B States] by notification in the Official Gazette, direct that
the provisions of this Act relating to the constitution and powers of Parsi Matrimonial Courts and to
appeals from the decisions and orders of such Courts shall apply with such modifications as may be
specified in the notification:
4[Provided further that nothing contained in this Act shall apply to the Renoncants of the Union
territory of Pondicherry.]
(3) It shall come into force on such date[5] as the Central Government may, by notification in the
Official Gazette, appoint.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(1) “Chief Justice” includes senior Judge;
(2) “Court” means a Court constituted under this Act;
(3) to “desert” together with its grammatical variations and cognate expressions, means to desert
the other party to a marriage without reasonable cause and without the consent, or against the will, of
such party;
(4) “grievous hurt” means—
(a) emasculation;
(b) permanent privation of the sight of either eye;
(c) permanent privation of the hearing of either ear;
1. This Act has been extended to—
(i) Berar by the Berar Laws Act, 1941 (4 of 1941), and
(ii) Dadra or Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (1-7-1965).
2. Subs. by Act 3 of 1951, s. 3 and the Schedule for “It extends to the whole of India except Part B States and, in respect of Parsi
citizens of India, to the whole of India” (w.e.f. 1-4-1951).
3. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part B States”.
4. Ins. by Act 26 of 1968, s. 3 and the Schedule (w.e.f. 24-5-1968).
5. 22nd June, 1936; see Gazette of India, 1936, Part I, p.621.
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
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(d) privation of any member or joint;
(e) destruction or permanent impairing of the powers of any member or joint;
(f) permanent disfiguration of the head or face; or
(g) any hurt which endangers life;
(5) “husband” means a Parsi husband;
(6) “marriage” means a marriage between Parsis whether contracted before or after the
commencement of this Act;
(7) a “Parsi” means a Parsi Zoroastrian;
(8) “priest” means a Parsi priest and includes Dastur and Mobed; and
(9) “wife” means a Parsi wife.
II.—MARRIAGES BETWEEN PARSIS
**3. Requisites to validity of Parsi marriages.—[1][(1)] No marriage shall be valid if—**
(a) the contracting parties are related to each other in any of the degrees of consanguinity or
affinity set forth in Schedule I; or
(b) such marriage is not solemnized according to the Parsi form of ceremony called “Ashirvad”
by a priest in the presence of two Parsi witnesses other than such priest; or
2[(c) in the case of any Parsi (whether such Parsi has changed his or her religion or domicile or
not) who, if a male, has not completed twenty-one years of age, and if a female, has not completed
eighteen years of age.]
3[(2) Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1), any
child of such marriage who would have been legitimate if the marriage had been valid, shall be
legitimate.]
**4. Remarriage when unlawful.—(1) No Parsi (whether such Parsi has changed his or her religion or**
domicile or not) shall contract any marriage under this Act or any other law in the lifetime of his or her
wife or husband, whether a Parsi or not, except after his or her lawful divorce from such wife or husband
or after his or her marriage with such wife or husband has lawfully been declared null and void or
dissolved, and, if the marriage was contracted with such wife or husband under the Parsi Marriage and
Divorce Act 1865[4] (15 of 1865), or under this Act, except after a divorce, declaration or dissolution as
aforesaid under either of the said Acts.
(2) Every marriage contracted contrary to the provisions of sub-section (1) shall be void.
**5. Punishment of bigamy.—Every Parsi who during the lifetime of his or her wife or husband,**
whether a Parsi or not, contracts a marriage without having been lawfully divorced from such wife or
husband, or without his or her marriage with such wife or husband having legally been declared null and
void or dissolved, shall be subject to the penalties provided in sections 494 and 495 of the Indian Penal
Code (45 of 1860) for the offence of marrying again during the lifetime of a husband or wife.
1. Section 3 renumbered as sub-section (1) thereof by Act 5 of 1988, s. 2 (w.e.f. 15-4-1988).
2. Subs. by s. 2, ibid., for clause (c) (w.e.f. 15-4-1988).
3. Ins. by s. 2, ibid. (w.e.f. 15-4-1988).
4. Rep. by Act 3 of 1936, s. 53 (w.e.f. 23-4-1936).
-----
**6. Certificate and registry of marriage.—Every marriage contracted under this Act shall,**
immediately on the solemnization thereof, be certified by the officiating priest in the form contained in
Schedule II. The certificate shall be signed by the said priest, the contracting parties [1]*** and two
witnesses present at the marriage and the said priest shall thereupon send such certificate together with a
fee of two rupees to be paid by the husband to the Registrar of the place at which such marriage is
solemnized. The Registrar on receipt of the certificate and fee shall enter the certificate in a register to be
kept by him for that purpose and shall be entitled to retain the fee.
**7. Appointment of Registrar.—For the purposes of this Act a Registrar shall be appointed. Within**
the local limits of the ordinary original civil jurisdiction of a High Court, the Registrar shall be appointed
by the Chief Justice of such Court, and without such limits, by the State Government. Every Registrar so
appointed may be removed by the Chief Justice or State Government appointing him.
**8. Marriage register to be open for public inspection.—The register of marriages mentioned in**
section 6 shall, at all reasonable times, be open for inspection, and certified extracts therefrom shall, on
application, be given by the Registrar on payment to him by the applicant of two rupees for each such
extract. Every such register shall be evidence of the truth of the statements therein contained.
**9. Copy of certificate to sent to Registrar-General of Births, Deaths and Marriages.—Every**
Registrar, except the Registrar appointed by the Chief Justice of the High Court of Judicature at Bombay,
shall, at such intervals as the State Government by which he was appointed from time to time directs,
send to the Registrar-General of Births, Deaths and Marriages for the territories administered by such
State Government a true copy certified by him in such form as such State Government from time to time
prescribes of all certificates entered by him in the said register of marriages since the last of such
intervals.
**10. Registration of divorces.—When a Court passes a decree for divorce, nullity or dissolution, the**
Court shall send a copy of the decree for registration to the Registrar of Marriages within its jurisdiction
appointed under section 7; the Registrar shall enter the same in a register to be kept by him for the
purpose, and the provisions of Part II applicable to the Registrars and registers of marriages shall be
applicable, so far as may be, to the Registrars and registers of divorces and decrees of nullity and
dissolution.
**11. Penalty for solemnizing marriage contrary to section 4.—Any priest knowingly and wilfully**
solemnizing any marriage contrary to and in violation of section 4 shall, on conviction thereof, be
punished with simple imprisonment for a term which may extend to six months, or with fine which may
extend to two hundred rupees, or with both.
**12. Penalty for priest’s neglect of requirements of section 6.—Any priest neglecting to comply**
with any of the requisitions affecting him contained in section 6 shall, on conviction thereof, be punished
for every such offence with simple imprisonment for a term which may extend to three months, or with
fine which may extend to one hundred rupees, or with both.
**13. Penalty for omitting to subscribe and attest certificate.—Every other person required by**
section 6 to subscribe or attest the said certificate who shall wilfully omit or neglect so to do, shall, on
conviction thereof, be punished for every such offence with a fine not exceeding one hundred rupees.
**14. Penalty for making, etc., false certificate.—Every person making or signing or attesting any**
such certificate containing a statement which is false, and which he either knows or believes to be false,
shall be punished with simple imprisonment for a term which may extend to three months, or with fine
which may extend to one hundred rupees, or with both; and if the act amounts to forgery as defined in the
Indian Penal Code (45 of 1860), then such person shall also be liable, on conviction thereof, to the
penalties provided in section 466 of the said Code.
1. The words “, or their fathers or guardians when they shall not have completed the age of twenty-one years,” omitted by Act 5
of 1988, s. 3 (w.e.f. 15-4-1988).
-----
**15. Penalty for failing to register certificate.—Any Registrar failing to enter the said certificate**
pursuant to section 6 shall be punished with simple imprisonment for a term which may extend to one
year, or with fine which may extend to one thousand rupees, or with both.
**16. Penalty for secreting, destroying or altering register.—Any person secreting, destroying, or**
dishonestly or fraudulently altering the said register in any part thereof, shall be punished with
imprisonment of either description as defined in the Indian Penal Code (45 of 1860) for a term which may
extend to two years or if he be a Register, for a term which may extend to five years and shall also be
liable to fine which may extend to five hundred rupees.
**17. Formal irregularity not to invalidate marriage.—No marriage contracted under this Act shall**
be deemed to be invalid solely by reason of the fact that it was not certified under section 6, or that the
certificate was not sent to the Registrar, or that the certificate was defective, irregular or incorrect.
III.—PARSI MATRIMONIAL COURTS
**18. Constitution of Special Courts under the Act.—For the purpose of hearing suits under this Act,**
a Special Court shall be constituted in each of the Presidency-towns of Calcutta, Madras and Bombay,
and in such other places in the territories of the several State Governments as such Governments
respectively shall think fit.
**19. Parsi Chief Matrimonial Courts.—The Court so constituted in each of the Presidency-towns**
shall be entitled the Parsi Chief Matrimonial Court of Calcutta, Madras or Bombay, as the case may be.
The local limits of the jurisdiction of a Parsi Chief Matrimonial Court shall be coterminous with the local
limits of the ordinary original civil jurisdiction of the High Court. The Chief Justice of the High Court, or
such other Judge of the same Court as the Chief Justice shall from time to time appoint shall be the Judge
of such Matrimonial Court, and, in the trial of cases under this Act, he shall be aided [1][by five delegates,
except in regard to—
(a) interlocutory applications and proceedings;
(b) alimony and maintenance, both permanent as well as pendente lite;
(c) custody, maintenance and education of children; and
(d) all matters and proceedings other than the regular hearing of cases.]
**20. Parsi District Matrimonial Courts.—Every Court so constituted at a place other than a**
Presidency-town shall be entitled the Parsi District Matrimonial Court of such place. Subject to the
provisions contained in section 21, the local limits of the jurisdiction of such Court shall be coterminous
with the limits of the district in which it is held. The Judge of the principal Court of original civil
jurisdiction at such place shall be the Judge of such Matrimonial Court, and in the trial of cases under this
Act he shall be aided [1][by five delegates, except in regard to—
(a) interlocutory applications and proceedings;
(b) alimony and maintenance, both permanent as well as pendente lite;
(c) custody, maintenance and education of children; and
(d) all matters and proceedings other than the regular hearing of cases.]
**21. Power to alter territorial jurisdiction of District Courts.—The State Government may from**
time to time alter the local limits of the jurisdiction of any Parsi District Matrimonial Court, and may
include within such limits any number of districts under its government.
1. Subs. by Act 5 of 1988, s. 4, for “by seven delegates” (w.e.f. 15-4-1988).
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**22. Certain districts to be within jurisdiction of the Chief Matrimonial Court.—Any district**
which the State Government, on account of the fewness of its Parsi inhabitants, shall deem it inexpedient
to include within the jurisdiction of any District Matrimonial Court, shall be included within the
jurisdiction of the Parsi Chief Matrimonial Court for the territories under such State Government where
there is such a Court.
**23. Court seal.—A seal shall be made for every Court constituted under this Act, and all decrees and**
orders and copies of decrees and orders of such Court shall be sealed with such seal, which shall be kept
in the custody of the presiding Judge.
**24. Appointment of delegates.—(1) The State Governments, shall, in the Presidency-towns and**
districts subject to their respective governments, respectively appoint persons to be delegates to aid in the
adjudication of cases arising under this Act, after giving the local parsis an opportunity of expressing their
opinion in such manner as the respective Governments may think fit.
(2) The persons so appointed shall be Parsis, their names shall be published in the Official Gazette
and their number shall, within the local limits of the ordinary original civil jurisdiction of a High Court,
be not more than thirty, and in districts beyond such limits, not more than twenty.
**25. Power to appoint new delegates.—The appointment of a delegate shall be for ten years; but he**
shall be eligible for reappointment for the like term or terms. Whenever a delegate shall die, or have
completed his term of office, or be desirous of relinquishing his office, or refuse or become incapable or
unfit to act, or cease to be a Parsi, or be convicted of an offence under the Indian Penal Code (45 of 1860)
or other law for the time being in force [1][involving moral turpitude], or be adjudged insolvent, then and so
often the State Government may appoint any person being a Parsi, to be a delegate in his stead, and the
name of the person so appointed shall be published in the Official Gazette.
**26. Delegates to be deemed public servants.—All delegates appointed under this Act shall be**
considered to be public servants within the meaning of the Indian Penal Code (45 of 1860).
**27. Selection of delegates under sections 19 and 20 to be from those appointed under section**
**24.—The delegates selected under sections 19 and 20 to aid in the adjudication of suits under this Act,**
shall be taken under the orders of the presiding Judge of the Court in due rotation from the delegates
appointed by the State Government under section 24:
Provided that each party to the suit may, without cause assigned, challenge any [2] [two] of the
delegates attending the Court before such delegates are selected and no delegate so challenged shall be
selected.
**28. Practitioners in Matrimonial Courts.—All legal practitioners entitled to practise in a High**
Court shall be entitled to practise in any Court constituted under this Act, and all legal practitioners
entitled to practise in a District Court shall be entitled to practise in any Parsi District Matrimonial Court
constituted under this Act.
**29. Court in which suits to be brought.—(1) All suits instituted under this Act shall be brought in**
the Court within the limits of whose jurisdiction the defendant resides at the time of the institution of the
suit [3][or where the marriage under this Act was solemnized].
(2) When the defendant shall at such time have left [4][the territories to which this Act extends] such
suit shall be brought in the Court at the place where the plaintiff and defendant last resided together.
1. Ins. by Act 5 of 1988, s. 5 (w.e.f. 15-4-1988).
2. Subs. by s. 6, ibid., for “three” (w.e.f. 15-4-1988).
3. Added by s. 7, ibid. (w.e.f. 15-4-1988).
4. Subs. by Act 3 of 1951, s. 3 and the Schedule for “Part A States and Part C States” (w.e.f. 1-4-1951).
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(3) In any case, whether the defendant resides in [1][the territories to which this Act extends] or not,
such suit may be brought in the Court at the place where the plaintiff resides or at the place where the
plaintiff and the defendant last resided together, if such Court, after recording its reasons in writing,
grants leave so to do.
IV.—MATRIMONIAL SUITS
**30. Suits for nullity.—In any case in which consummation of the marriage is from natural causes**
impossible, such marriage may, at the instance of either party thereto, be declared to be null and void.
**31. Suits for dissolution.—If a husband or wife shall have been continually absent from his or her**
wife or husband for the space of seven years, and shall not have been heard of as being alive within that
time by those persons who would have naturally heard of him or her, had he or she been alive, the
marriage of such husband or wife may, at the instance of either party thereto, be dissolved.
**32. Grounds for divorce.—Any married person may sue for divorce on any one or more of the**
following grounds, namely:—
(a) that the marriage has not been consummated within one year after its solemnization owing to
the wilful refusal of the defendant to consummate it;
(b) that the defendant at the time of the marriage was of unsound mind and has been habitually so
up to the date of the suit:
Provided that divorce shall not be granted on this ground, unless the plaintiff (1) was ignorant of
the fact at the time of the marriage, and (2) has filed the suit within three years from the date of the
marriage;
2[(bb) that the defendant has been incurably of unsound mind for a period of two years or
upwards immediately preceding the filing of the suit or has been suffering continuously or
intermittently from mental disorder of such kind and to such an extent that the plaintiff cannot
reasonably be expected to live with the defendant.
_Explanation.— In this clause,—_
(a) the expression “mental disorder” means mental illness, arrested or incomplete
development of mind, psychopathic disorder or any other disorder or disability of mind and
includes schizophrenia;
(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind
(whether or not including subnormality of intelligence) which results in abnormally aggressive or
seriously irresponsible conduct on the part of the defendant, and whether or not it requires or is
susceptible to medical treatment;]
(c) that the defendant was at the time of marriage pregnant by some person other than the
plaintiff:
Provided that divorce shall not be granted on this ground, unless (1) the plaintiff was at the
time of the marriage ignorant of the fact alleged, (2) the suit has been filed within two years of
the date of marriage, and (3) marital intercourse has not taken place after the plaintiff came to
know of the fact;
(d) that the defendant has since the marriage committed adultery or fornication or bigamy or
rape or an unnatural offence:
Provided that divorce shall not be granted on this ground if the suit has been filed more than
two years after the plaintiff came to know of the fact;
1. Subs. by Act 3 of 1951, s. 3 and the Schedule for “Part A States and Part C States” (w.e.f. 1-4-1951).
2. Ins. by Act 5 of 1988, s. 8 (w.e.f. 15-4-1988).
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1[(dd) that the different has since the solemnization of the marriage treated the plaintiff with
cruelty or has behaved in such a way as to render it in the judgment of the Court improper to
compel the plaintiff to live with the defendant:
Provided that in every suit for divorce on this ground it shall be in the discretion of the Court
whether it should grant a decree for divorce or for judicial separation only;]
(e) that the defendant has since the marriage voluntarily caused grievous hurt to the plaintiff
or has infected the plaintiff with venereal disease or, where the defendant is the husband, has
compelled the wife to submit herself to prostitution:
Provided that divorce shall not be granted on this ground, if the suit has been filed more than
two years (i) after the infliction of the grievous hurt, or (ii) after the plaintiff came to know of the
infection, or (iii) after the last act of compulsory prostitution;
(f) that the defendant is undergoing a sentence of imprisonment for seven years or more for
an offence as defined in the Indian Penal Code (45 of 1860):
Provided that divorce shall not be granted on this ground, unless the defendant has prior to
the filing of the suit undergone at least one year’s imprisonment out of the said period;
(g) that the defendant has deserted the plaintiff for at least [2][two years];
(h) that [3]*** an order has been passed against the defendant by a Magistrate awarding
separate maintenance to the plaintiff, and the parties have not had marital intercourse for [4][one
year] or more since such decree or order;
5* - - -
(j) that the defendant has ceased to be a Parsi [6][by conversion to another religion]:
Provided that divorce shall not be granted on this ground if the suit has been filed more than
two years after the plaintiff came to know of the fact.
7[32A. Non-resumption of cohabitation or restitution of conjugal rights within one year in
**pursuance of a decree to be ground for divorce.—(1) Either party to a marriage, whether**
solemnized before or after the commencement of the Parsi Marriage and Divorce (Amendment)
Act, 1988 (5 of 1988), may sue for divorce also on the ground,—
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for judicial separation in a proceeding to
which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for
a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a
proceeding to which they were parties.
(2) No decree for divorce shall be granted under sub-section (1) if the plaintiff has failed or neglected
to comply with an order for maintenance passed against him under section 40 of this Act or section 488 of
the Code of Criminal Procedure, 1898 (5of 1898) or section 125 of the Code of Criminal Procedure, 1973
(2 of 1974).
1. Ins. by Act 5 of 1988, s. 8 (w.e.f. 15-4-1988).
2. Subs. by s. 8, ibid., for “three years” (w.e.f. 15-4-1988).
3. The words “a decree or order for judicial separation has been passed against the defendant, or” omitted by s. 8, _ibid._
(w.e.f. 15-4-1988).
4. Subs. by s. 8, ibid., for “three years” (w.e.f. 15-4-1988).
5. Clause (i) omitted by s. 8, ibid. (w.e.f. 15-4-1988).
6. Ins. by s. 8, ibid. (w.e.f. 15-4-1988).
7. Ins. by s. 9, ibid. (w.e.f. 15-4-1988).
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**32B. Divorce by mutual consent.—(1) Subject to the provisions of this Act, a suit for divorce may**
be filed by both the parties to a marriage together, whether such marriage was solemnized before or after
the commencement of the Parsi Marriage and Divorce (Amendment) Act, 1988 (5 of 1988), on the
ground that they have been living separately for a period of one year or more, that they have not been able
to live together and that they have mutually agreed that the marriage should be dissolved:
Provided that no suit under this sub-section shall be filed unless at the date of the filing of the suit one
year has lapsed since the date of the marriage.
(2) The Court shall, on being satisfied, after hearing the parties and after making such inquiry as it
thinks fit, that a marriage has been solemnized under this Act and the averments in the plaint are true and
that the consent of either party to the suit was not obtained by force or fraud, pass a decree declaring the
marriage to be dissolved with effect from the date of the decree.]
**33. Joining of co-defendant.—In every such suit for divorce on the ground of adultery, the plaintiff**
shall, unless the Court shall otherwise order, make the person with whom the adultery is alleged to have
been committed a co-defendant, and in any such suit by the husband the Court may order the adulterer to
pay the whole or any part of the costs of the proceedings.
**34. Suits for judicial separation.—Any married person may sue for judicial separation on any of the**
grounds for which such person could have filed a suit for divorce [1]***.
**35. Decrees in certain suits.—In any suit under section 30, 31, 32, [2][32A] or 34, whether defended**
or not, if the Court be satisfied that any of the grounds set forth in those sections for granting relief exist,
that none of the grounds therein set forth for withholding relief exist and that—
(a) the act or omission set forth in the plaint has not been condoned;
(b) the husband and wife are not colluding together;
(c) the plaintiff has not connived at or been accessory to the said act or omission;
(d) (save where a definite period of limitation is provided by this Act) there has been no
unnecessary or improper delay in instituting the suit; and
(e) there is no other legal ground why relief should not be granted;
then and in such case, but not otherwise, the Court shall decree such relief accordingly.
**36. Suit for restitution of conjugal rights.—Where a husband shall have deserted or without lawful**
cause ceased to cohabit with his wife, or where a wife shall have deserted or without lawful cause ceased
to cohabit with her husband, the party so deserted or with whom cohabitation shall have so ceased may
sue for the restitution of his or her conjugal rights and the Court, if satisfied of the truth of the allegations
contained in the plaint, and that there is no just ground why relief should not be granted, may proceed to
decree such restitution of conjugal rights accordingly.
**37. Counter-claim by defendant for any relief.—In any suit under this Act, the defendant may**
make a counter claim for any relief he or she may be entitled to under this Act.
3[38. Documentary evidence.—Notwithstanding anything contained in any other law for the time
being in force, no document shall be inadmissible in evidence in any proceeding at the trial of a suit under
this Act on the ground that it is not duly stamped or registered.]
1. Certain words omitted by Act 5 of 1988, s. 10 (w.e.f. 15-4-1988).
2. Ins. by s. 11, ibid. (w.e.f. 15-4-1988).
3. Subs. by s. 12, ibid., for section 38 (w.e.f. 15-4-1988).
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1[39. Alimony pendente lite.—Where in any suit under this Act, it appears to the Court that either the
wife or the husband, as the case may be, has no independent income sufficient for her or his support and
the necessary expenses of the suit, it may, on the application of the wife or the husband, order the
defendant to pay to the plaintiff, the expenses of the suit, and such weekly or monthly sum, during the
suit, as, having regard to the plaintiff's own income and the income of the defendant, it may seem to the
Court to be reasonable:
2[Provided that the application for the payment of the expenses of the suit and such weekly or
monthly sum during the suit, shall, as far as possible, be disposed of within sixty days from the date of
service of notice on the wife or the husband, as the case may be.]
**40. Permanent alimony and maintenance.—(1) Any Court exercising jurisdiction under this Act**
may, at the time of passing any decree or at any time subsequent thereto, on an application made to it for
the purpose by either the wife or the husband, order that the defendant shall pay to the plaintiff for her or
his maintenance and support, such gross sum or such monthly or periodical sum, for a term not exceeding
the life of the plaintiff as having regard to the defendant's own income and other property, if any, the
income and other property of the plaintiff, the conduct of the parties and other circumstances of the case,
it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on
the movable or immovable property of the defendant.
(2) The Court if it is satisfied that there is change in the circumstances of either party at any time after
it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind
any such order in such manner as the Court may deem just.
(3) The Court if it is satisfied that the party in whose favour an order has been made under this section
has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the
husband, that he had sexual intercourse with any woman outside wedlock, it may, at the instance of the
other party, vary, modify or rescind any such order in such manner as the Court may deem just.]
**41. Payment of alimony to wife or to her trustee.—In all cases in which the Court shall make any**
decree or order for alimony it may direct the same to be paid either to the wife herself, or to any trustee on
her behalf to be approved by the Court [3][or to a guardian appointed by the Court], and may impose any
terms or restrictions which to the Court may seem expedient, and may from time to time appoint a new
trustee, [3][or guardian,] if for any reason it shall appear to the Court expedient so to do.
**42. Disposal of joint property.—In any suit under this Act the Court may make such provisions in**
the final decree as it may deem just and proper with respect to property presented at or about the time of
marriage which may belong jointly to both the husband and wife.
4[43. Suits to be heard **_in camera and may not be printed or published.—(1) Every suit filed_**
under this Act shall be tried in camera and it shall not be lawful for any person to print or publish any
matter in relation to any such case except a judgment of the Court printed or published with the previous
permission of the Court.
(2) If any person prints or publishes any matter in contravention of the provisions contained in sub
section (1), he shall be punishable with fine which may extend to one thousand rupees.]
**44. Validity of trial.—Notwithstanding anything contained in section 19 or section 20 where in the**
case of a trial in a Parsi Matrimonial Court not less than [5][three] delegates have attended throughout the
proceedings, the trial shall not be invalid by reason of the absence during any part thereof of the other
delegates.
1. Subs. by Act 5 of 1988, s. 13, for sections 39 and 40 (w.e.f. 15-4-1988).
2. Ins. by Act 49 of 2001, s. 4 (w.e.f. 24-9-2001).
3. Ins. by Act 5 of 1988, s. 14 (w.e.f. 15-4-1988).
4. Subs. by s. 15, ibid., for section 43 (w.e.f. 15-4-1988).
5. Subs. by s. 16, ibid., for “five” (w.e.f. 15-4-1988).
-----
**45. Provisions of Civil Procedure Code to apply to suits under the Act.—The provisions of the**
Code of Civil Procedure, 1908 (5 of 1908), shall, so far as the same may be applicable, apply to
proceedings in suits instituted under this Act including proceedings in execution and orders subsequent to
decree:
1[Provided that the presiding Judge shall read out to the delegates the relevant sections of this Act,
and may, if he considers it necessary so to do, explain the same:
Provided further that a verbatim record shall be made of what the presiding Judge read out or explains
to the delegates.]
**46. Determination of questions of law and procedure and of fact.—In suits under this Act all**
questions of law and procedure shall be determined by the presiding Judge; but the decision on the facts
shall be the decision of the majority of the delegates before whom the case is tried:
Provided that, where such delegates are equally divided in opinion, the decision on the facts shall be
the decision of the presiding Judge.
**47. Appeal to High Court.—[2][(1)]** An appeal shall lie to the High Court from—
(a) the decision of any Court established under this Act, whether a Chief Matrimonial Court or
District Matrimonial Court, on the ground of the decision being contrary to some law or usage having
the force of law, or of a substantial error or defect in the procedure or investigation of the case which
may have produced error or defect in the decision of the case upon the merits, and on no other
ground; and
(b) the granting of leave by any such Court under sub-section (3) of section 29:
Provided that such appeal shall be instituted within three calendar months after the decision
appealed from shall have been pronounced.
3[(2) Every appeal under sub-section (1) shall be heard by a Bench of two Judges of the High Court.]
**48. Liberty to parties to marry again.—When the time [4]*** limited for appealing against any**
decree granting a divorce or annulling or dissolving a marriage shall have expired, and no appeal shall
have been presented against such decree, or when any such appeal shall have been dismissed, or when in
the result of any appeal a divorce has been granted or a marriage has been declared to be annulled or
dissolved, but not sooner, it shall be lawful for the respective parties thereto to marry again [5]***.
V.—CHILDREN OF THE PARTIES
**49. Custody of children.—In any suit under this Act, the Court may from time to time pass such**
interim orders and make such provisions in the final decree as it may deem just and proper with respect to
the custody, maintenance and education of the children under the age of [6][eighteen years], the marriage of
of whose parents is the subject of such suit, and may, after the final decree upon application, by petition
for this purpose, make, revoke, suspend or vary from time to time all such orders and provisions with
respect to the custody, maintenance and education of such children as might have been made by such
final decree or by interim orders in case the suit for obtaining such decree were still pending:
1. Added by Act 5 of 1988, s. 17 (w.e.f. 15-4-1988).
2. Section 47 renumbered as sub-section (1) thereof by s. 18, ibid. (w.e.f. 15-4-1988).
3. Ins. by s. 18, ibid. (w.e.f. 15-4-1988).
4. The word “hereby” omitted by s. 19, ibid. (w.e.f. 15-4-1988).
5. The words “, as if the prior marriage had been terminated by death” omitted by s. 19, ibid. (w.e.f. 15-4-1988).
6. Subs. by s. 20, ibid., for “sixteen years” (w.e.f. 15-4-1988).
-----
1[Provided that the application with respect to the maintenance and education of such children during
the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the
respondent.]
**50. Settlement of wife’s property for benefit of children.—In any case in which the Court shall**
pronounce a decree of divorce or judicial separation for adultery of the wife, if it shall be made to appear
to the Court that the wife is entitled to any property either in possession or reversion, the Court may order
such settlement as it shall think reasonable to be made of any part of such property, not exceeding
one half thereof, for the benefit of the children of the marriage or any of them.
VI.—MISCELLANEOUS
**51. Superintendence of High Court.—The High Court shall have superintendence over all Courts**
constituted under this Act subject to its appellate jurisdiction in the same manner as it has over other
Courts under [2][article 227 of the Constitution] and all the provisions of [3][that article] shall apply to such
Courts.
**52. Applicability of provisions of the Act.—(1) The provisions of this Act shall apply to all suits to**
which the same are applicable whether the circumstances relied on occurred before or after the passing of
this Act, and whether any decree or order referred to was passed under this Act or under the law in force
before the passing of this Act, and where any proceedings are pending in any Court at the time of the
commencement of this Act, the Court shall allow such amendment of the pleadings as may be necessary
as the result of the coming into operation of this Act.
(2) A Parsi who has contracted a marriage under the Parsi Marriage and Divorce Act, 1865 (15 of
1865), or under this Act, even though such Parsi may change his or her religion or domicile, so long as his
or her wife or husband is alive and so long as such Parsi has not been lawfully divorced from such wife or
husband or such marriage has not lawfully been declared null and void or dissolved under the decree of a
competent Court under either of the said Acts, shall remain bound by the provisions of this Act.
**53. [Repealed].—Rep. by the Repealing and Amending Act, 1937 (20 of 1937), s. 3 and the Second**
_Schedule._
1. Ins. by Act 49 of 2001, s. 4 (w.e.f. 24-9-2001).
2. Subs. by the A.O. 1950, for “section 107 of the Government of India Act”
3. Subs. by Act 3 of 1957, s. 3 and the Second Schedule for “that section” (w.e.f. 17-9-1957).
-----
SCHEDULE I
(See section 3)
_Table of prohibited degrees of consanguinity and affinity_
A man shall not marry his—
1. Paternal grand-father’s mother.
2. Paternal grand-mother’s mother.
3. Maternal grand-father’s mother.
4. Maternal grand-mother’s mother.
5. Paternal grand-mother.
6. Paternal grand-father’s wife.
7. Maternal grand-mother.
8. Maternal grand-father’s wife.
9. Mother or step-mother.
10. Father's sister or step-sister.
11. Mother’s sister or step-sister.
12. Sister or step-sister.
13. Brother’s daughter or step-brother’s daughter, or any direct lineal descendant of a brother or
step-brother.
14. Sister’s daughter or step-sister’s daughter, or any direct lineal descendant of a sister or
step-sister.
15. Daughter or step-daughter, or any direct lineal descendant of either.
16. Son's daughter or step-son’s daughter, or any direct lineal descendant of a son or step-son.
17. Wife of son or step-son, or of any direct lineal descendant of a son or step-son.
18. Wife of daughter’s son or of step-daughter’s son, or of any direct lineal descendant of a
daughter or step-daughter.
19. Mother of daughter’s husband.
20. Mother of son’s wife.
21. Mother of wife’s paternal grand-father.
22. Mother of wife’s paternal grand-mother.
23. Mother of wife’s maternal grand-father.
24. Mother of wife’s maternal grand-mother.
25. Wife’s paternal grand-mother.
26. Wife’s maternal grand-mother.
27. Wife’s mother or step-mother.
28. Wife’s father’s sister.
-----
29. Wife’s mother’s sister.
30. Father’s brother’s wife.
31. Mother’s brothers wife
32. Brother’s son’s wife.
33. Sister’s son’s wife.
A woman shall not marry her—
1. Paternal grand-father's father.
2. Paternal grand-mother’s father.
3. Maternal grand-father’s father.
4. Maternal grand-mother’s father.
5. Paternal grand-father.
6. Paternal grand-mother’s husband.
7. Maternal grand-father.
8. Maternal grand-mother’s husband.
9. Father or step-father.
10. Father’s brother or step-brother.
11. Mother’s brother or step-brother.
12. Brother or step-brother.
13. Brother’s son or step-brother’s son, or any direct lineal descendant of a brother or
step-brother.
14. Sister’s son or step-sister’s son, or any direct lineal descendant of a sister or step-sister.
15. Son or step-son, or any direct lineal descendant of either.
16. Daughter’s son or step-daughter’s son, or any direct lineal descendant of a daughter or
step-daughter.
17. Husband of daughter or of step-daughter, or of any direct lineal descendant of a daughter or
step-daughter.
18. Husband of son’s daughter or of step-son’s daughter, or of any direct lineal descendant of a
son or step-son.
19. Father of daughter’s husband.
20. Father of son’s wife.
21. Father of husband’s paternal grand-father.
22. Father of husband’s paternal grand-mother.
23. Father of husband’s maternal grand-father.
24. Father of husband’s maternal grand-mother.
25. Husband’s paternal grand-father.
-----
26. Husband’s maternal grand-father.
27. Husband’s father or step-father
20. Brother of husband’s father.
29. Brother of husband’s mother.
30. Husband’s brothers’ son, or his direct lineal descendant.
31. Husband’s sister’s son, or his direct lineal descendant.
32. Brother’s daughter’s husband.
33. Sister’s daughter’s husband.
______________________________________________________________________________
NOTE.—In the above table the words “brother” and “sister” denote and sister of the whole as well as half
blood. Relationship by step means relationship by marriages.
-----
SCHEDULE II
(See section 6)
_Certificate of Marriage_
Date and place of marriage.
Names of the husband and wife.
Condition at the time of marriage.
Rank or profession.
Age.
Residence.
Names of the fathers or guardians.
Rank or profession.
Signature of the officiating priest.
Signatures of the contracting parties.
Signatures of the fathers or guardians of the contracting
parties under 21 years of age.
Signatures of Witnesses.
# ___________________
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|
23-Apr-1936 | 04 | The Payment of Wages Act, 1936 | https://www.indiacode.nic.in/bitstream/123456789/19310/1/a1936-4.pdf | central | # THE PAYMENT OF WAGES ACT, 1936
_________
# ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title, extent, commencement and application.
2. Definitions.
3. Responsibility for payment of wages.
4. Fixation of wage-periods.
5. Time of payment of wages.
6. Wages to be paid in current coin or currency notes or by cheque or crediting in bank account.
7. Deductions which may be made from wages.
8. Fines.
9. Deductions for absence from duty.
10. Deductions for damage or loss.
11. Deductions for services rendered.
12. Deductions for recovery of advances.
12A. Deductions for recovery of loans.
13. Deductions for payments to co-operative societies and insurance schemes.
13A. Maintenance of registers and records.
14. Inspectors.
14A. Facilities to be afforded to Inspectors.
15. Claims arising out of deductions from wages or delay in payment of wages and penalty for
malicious or vexatious claims.
16. Single application in respect of claims from unpaid group.
17. Appeal.
17A. Conditional attachment of property of employer or other person responsible for payment of
wages.
18. Powers of authorities appointed under section 15.
19. [Omitted.].
20. Penalty for offences under the Act.
21. Procedure in trial of offences.
-----
SECTIONS
22. Bar of Suits.
22A. Protection of action taken in good faith.
23. Contracting out.
24. Delegation of powers.
25. Display by notice of abstracts of the Act.
25A. Payment of undisbursed wages in cases of death of employed person.
26. Rule-making power.
-----
# THE PAYMENT OF WAGES ACT, 1936
# ACT NO. 4 OF 1936[1]
[23rd April,1936.]
# An Act to regulate the payment of wages of certain classes to [2][employed persons].
WHEREAS it is expedient to regulate the payment of wages to certain classes of [2][employed persons].
It is hereby enacted as follows:—
**1. Short title, extent, commencement and application.—(1) This Act may be called the Payment of**
Wages Act, 1936.
3[(2)It extends to the whole of India 4***].
(3) It shall come into force on such date[5] as the Central Government may, by notification in the Official
Gazette, appoint.
(4) It applies in the first instance to the payment of wages to persons employed in any [6][factory, to
persons] employed (otherwise than in a factory) upon any railway by a railway administration or, either
directly or through a sub-contractor, by a person fulfilling a contract with a railway administration [7][,and
to persons employed in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (ii)
of section 2].
(5) [8][Appropriate Government] may, after giving three months’ notice of its intention of so doing, by
notification in the Official Gazette, extend the provisions of [9][this Act] or any of them to the payment of
wages to any class of persons employed in [10][any establishment or class of establishments specified by
11[appropriate Government] under sub-clause (h) of clause (ii) of section 2]:
12[Provided that in relation to any such establishment owned by the Central Government no such
notification shall be issued except with the concurrence of that Government.]
13[(6) This Act applies to wages payable to an employed person in respect of a wage period if such
wages for that wage period do not exceed [14][twenty four thousand rupees] per month or such other higher
sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample
Survey Organisation, the Central Government may, after every five years, by notification in the Official
Gazette, specify.]
**STATE AMENDMENT**
**Haryana**
**Amendment of section 1 of Central Act 4 of 1936.—Sub-section (6) of section 1 of the Payment of Wages**
Act, 1936 (hereinafter the called the principal Act) shall be omitted.
[Vide Haryana Act 19 of 2016, s. 2]
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
15[(i) “appropriate Government” means, in relation to railways, air transport services, mines and
oilfields, the Central Government and, in relation to all other cases, the State Government;]
1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Schedule to Dadra and Nagar Haveli by
Reg. 6 of 1963, s. 2 and the First Schedule to Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule and to Lakshadweep by
Reg. 8 of 1965, s. 3 and the Schedule.
2. Subs. by Act 38 of 1982, s. 2 for “persons employed in industry” (w.e.f. 15-10-1982).
3. Subs. by the A.O. 1950, for sub-section (2).
4. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
5. 28th March 1937, see Gazette of India, 1937, Pt. I, pg. 626.
6. Subs. by Act 38 of 1982, s. 3, for “factory and to persons” (w.e.f. 15-10-1982).
7. Ins. by s. 3, ibid. (w.e.f. 15-10-1982).
8. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
9. Subs. by Act 68 of 1957, s. 2, for “the Act” (w.e.f. 1-4-1958.)
10. Subs. by Act 38 of 1982, s. 3, for “any industrial establishment or in any class or group of industrial establishments”
(w.e.f. 15-10-1982).
11. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).
12. Subs. by Act 38 of 1982, s. 3, for the proviso (w.e.f. 15-10-1982).
13. Subs. by Act 41 of 2005, s. 2, for sub-section (6) (w.e.f. 9-11-2005).
14. Subs. by S.O. 2806 (E), dated 28-8-2017, for “eighteen thousand rupees”, see Gazette of India, Extraordinary, Part II, s. 3(ii).
15. Ins. by s. 4, ibid. (w.e.f. 9-11-2005).
-----
1[ 2[(ia)] “employed person” includes the legal representative of a deceased employed person;
2[(ib)]“employer” includes the legal representative of a deceased employer;
2[(ic)] “factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948
(63 of 1948), and includes any place to which the provisions of that Act have been applied under
sub-section (1) of section 85 thereof;]
(ii) [3][“industrial or other establishment” means] any—
4[(a) tramway service, or motor transport service engaged in carrying passenger or goods or
both by road for hire or reward;
(aa) air transport service other than such service belonging to, or exclusively employed in the
military, naval or air forces of the Union or the Civil Aviation Department of the Government of
India;]
(b) dock, wharf or jetty;
5[(c) inland vessel, mechanically propelled;]
(d) mine, quarry or oilfield;
(e) plantation;
(f) workshop or other establishment in which articles are produced, adapted or manufactured,
with a view to their use, transport or sale;
6[(g) establishment in which any work relating to the construction, development or maintenance
of buildings, roads, bridges or canals, or relating to operation connected with navigation, irrigation,
development or maintenance of buildings, roads, bridges or mission and distribution of
electricity or any other form of power is being carried on;]
7[(h) any other establishment or class of establishment which 8[appropriate Government] may,
having regard to the nature thereof, the need for protection of persons employed therein and other
relevant circumstances, specify, by notification in the Official Gazette;]
9[(iia) “mine” has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the
Mines Act, 1952 (35 of 1952);]
10[(iii) “plantation” has the meaning assigned to it in clause (f) of section 2 of the Plantations
Labour Act, 1951 (69 of 1951);]
(iv) “prescribed” means prescribed by rules made under this Act;
11[(v) “railway administration” has the meaning assigned to it in clause (32) of section 2 of the
Railways Act, 1989(24 of 1989);]
1. Subs. by Act 53 of 1964, s. 3, for clause (i) (w.e.f. 1-2-1965).
2. Clauses (i), (ia) and (ib) renumbered as clauses (ia), (ib) and (ic) thereof by Act 41 of 2005, s. 4 (w.e.f. 9-11-2005).
3. Subs. by Act 38 of 1982, s. 4, for ‘ “industrial establishment” means’ (w.e.f. 15-10-1982).
4. Subs. by Act 53 of 1964, s. 3, for sub-clause (a) (w.e.f. 1-2-1965).
5. Subs. by Act 68 of 1957, s. 3, for item (c) (w.e.f. 1-4-1958.)
6. Ins. by s. 3, ibid. (w.e.f. 1-4-1958.)
7. Ins. by Act 38 of 1982, s. 4 (w.e.f. 15-10-1982).
8. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).
9. Ins. by Act 53 of 1964, s. 3 (w.e.f. 1-2-1965).
10. Subs. by s. 3, ibid., for clause (iii) (w.e.f. 1-2-1965).
11. Subs. by Act 41 of 2005, s. 4, for clause (v) (w.e.f. 9-11-2005).
-----
1[(vi) “wages” means all remuneration (whether by way of salary, allowances, or otherwise)
expressed in terms of money or capable of being so expressed which would, if the terms of employment,
express or implied, were fulfilled, be payable to a person employed in respect of his employment or of
work done in such employment, and includes—
(a) any remuneration payable under any award or settlement between the parties or order of a
Court;
(b) any remuneration to which the person employed is entitled in respect of overtime work or
holidays or any leave period;
(c) any additional remuneration payable under the terms of employment (whether called a
bonus or by any other name);
(d) any sum which by reason of the termination of employment of the person employed is
payable under any law, contract or instrument which provides for the payment of such sum, whether
with or without deductions, but does not provide for the time within which the payment is to be
made;
(e) any sum to which the person employed is entitled under any scheme framed under any law
for the time being in force,
but does not include—
(1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of
the remuneration payable under the terms of employment or which is not payable under any award or
settlement between the parties or order of a Court;
(2) the value of any house-accommodation, or of the supply of light, water, medical attendance or
other amenity or of any service excluded from the computation of wages by a general or special order
of [2][appropriate Government];
(3) any contribution paid by the employer to any pension or provident fund, and the interest which
may have accrued thereon;
(4) any travelling allowance or the value of any travelling concession;
(5) any sum paid to the employed person to defray special expenses entailed on him by the nature
of his employment; or
(6) any gratuity payable on the termination of employment in cases other than those specified in
sub-clause (d).]
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 2 of Act IV of 1936.—In section 2 of the Payment of Wages Act, 1936, in the**
its application to the State of Bombay (hereinafter referred to as the said Act),—
(a) after clause (ii) the following new clause shall be inserted, namely:—
“(iia) ‘legal representative’ means the person who in law represents the estate of a decrease
employed person;
(b) for clause (iii) the following shall be substituted, namely:—
“(iii) ‘plantation’ means—
(a) any estate which is maintained for the purpose of growing cinchona rubber, coffee or tea, or
1. Subs. by Act 68 of 1957, s. 3, for clause (vi) (w.e.f. 1-4-1958.)
2. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
-----
(b) any farm which is maintained for the purpose of growing sugarcane and attached to a factory
established or maintained for the manufacture of sugar:
Provide that on such, estate or farm twenty-five or more persons are engaged for the purpose;”
[Vide Bombay Act XLVIII of 1955, s. 2]
1[3. Responsibility for payment of wages.—(1) Every employer shall be responsible for the payment
of all wages required to be paid under this Act to persons employed by him and in case of persons
employed,—
(a) in factories, if a person has been named as the manager of the factory under clause (f) of
sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948);
(b) in industrial or other establishments, if there is a person responsible to the employer for the
supervision and control of the industrial or other establishments;
(c) upon railways (other than in factories), if the employer is the railway administration and the
railway administration has nominated a person in this behalf for the local area concerned;
(d) in the case of contractor, a person designated by such contractor who is directly under his
charge; and
(e) in any other case, a person designated by the employer as a person responsible for complying
with the provisions of the Act,
the person so named, the person responsible to the employer, the person so nominated or the person so
designated, as the case may be, shall be responsible for such payment.
(2) Notwithstanding anything contained in sub-section (1), it shall be the responsibility of the employer
to make payment of all wages required to be made under this Act in case the contractor or the person
designated by the employer fails to make such payment.]
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 3 of Act IV of 1936.—In section 3 of the payment of Wages Act, 1936**
(hereinafter referred to as the said Act), for the proviso the following shall be substituted, namely:-
“Provided that, in the case of persons employed (otherwise than by a contractor)—
(a) in factories, if a person has been named as the manager of the factory under clause (f) of sub
section (1) of section 7 of the Factories Act, 1948 (LXIII of 1948), then the person so named and the
employed jointly and severally;
(b) in industrial establishment, if there is a person responsibility to the employer for the
supervision and control of the industrial establishment, then the person so responsible and the
employer jointly and severally;
(c) upon railways (otherwise than in factories), if the employer is the railway administration and
the railway administration has nominated a person in this behalf for the local area concerned, then
the person so nominated;
Shall be responsible for such payment.”
[Vide Bombay Act LXII of 1953, s. 2]
1. Subs. by Act 41 of 2005, s. 5, for section 3 (w.e.f. 9-11-2005).
-----
**4. Fixation of wage-periods.—(1) Every person responsible for the payment of wages under section 3**
shall fix periods (in this Act referred to as wage-periods) in respect of which such wages shall be payable.
(2) No wage-period shall exceed one month.
**5. Time of payment of wages.—(1) The wages of every person employed upon or in—**
(a) any railway, factory or [1][industrial or other establishment] upon or in which less than one
thousand persons are employed, shall be paid before expiry of the seventh day,
(b) any other railway, factory or [1][industrial or other establishment], shall be paid before the expiry
of the tenth day,
after the last day of the wage-period in respect of which the wages are payable:
2[Provided that in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of
wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as
the case may be, shall be paid before the expiry of the seventh day from the day of such completion.]
(2) Where the employment of any person is terminated by or on behalf of the employer, the wages,
earned by him shall be paid before the expiry of the second working day from the day on which his
employment is terminated:
2[Provided that where the employment of any person in an establishment is terminated due to the closure
of the establishment for any reason other than a weekly or other recognised holiday, the wages earned by
him shall be paid before the expiry of the second day from the day on which his employment is so
terminated.]
(3) [3][Appropriate Government] may, by general or special order, exempt, to such extent and subject to
such conditions as may be specified in the order, the person responsible for the payment of wages to persons
employed upon any railway (otherwise than in a factory) [4][or to persons employed as daily-rated workers
in the Public Works Department of [5][appropriate Government]] from the operation of this section in respect
of the wages of any such persons or class of such persons:
4[Provided that in the case of persons employed as daily-rated workers as aforesaid, no such order shall
be made except in consultation with the Central Government.]
(4) [6][Save as otherwise provided in sub-section (2), all payments] of wages shall be made on a working
day.
7[6. Wages to be paid in current coin or currency notes or by cheque or crediting in bank
**account.—All wages shall be paid in current coin or currency notes or by cheque or by crediting the wages**
in the bank account of the employee:
Provided that the appropriate Government may, by notification in the Official Gazette, specify the
industrial or other establishment, the employer of which shall pay to every person employed in such
industrial or other establishment, the wages only by cheque or by crediting the wages in his bank account.]
**STATE AMENDMENT**
**Kerala**
**Amendment of section 6.—In the Payment of Wages Act, 1936 (Central Act 4 of 1936), in section 6,**
after the existing proviso, the following proviso shall be inserted, namely:—
“Provided further that notwithstanding anything contained in this Act, the State Government may, by
notification in the Gazette, specify the industrial or other establishment, the employers of which shall pay
1. Subs. by Act 38 of 1982, s. 6, for “industrial establishment” (w.e.f. 15-10-1982).
2. Added by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).
3. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
4. Ins. by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).
5. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).
6. Subs. by Act 53 of 1964, s. 5, for “All payments” (w.e.f. 1-2-1965).
7. Subs. by Act 1 of 2017, s. 2, for section 6 (w.e.f. 28-12-2016).
-----
to the person employed therein, the wages either by cheque or by crediting the wages in his bank account,
without obtaining any authorisation of the employed person.”
[Vide Kerala Act 11 of 2016, s. 2]
**Maharashtra**
**Amendment of section 6 of Act V of 1936.—In section 6 of the payment of Wages Act, 1936, in its**
application to the state of Bombay (herein after referred to as the principal Act) for the proviso, the
following proviso shall be, and shall be deemed have been, substituted on and from the 1st day of April
1958, namely:—
“Provided that, where the amount of any bonus payable to an employed person exceeds an amount
equal to one-forth of his earnings (exclusive of dearness allowance) for the year to which the bonus
relates, such excess shall be paid or invested in the manner prescribed.”
[Vide Bombay Act VIII of 1960, s. 2]
**Amendment of section 6 of Act 4 of 1936.—In section 6 of the payment of Wages Act, 1936, in its**
application of the State of Maharashtra,—
“Provided also that, all wages payable to the employed persons, who are in continuous service as
stipulated in section 25B of the Industrial Disputes act, 1947 (14 of 1947) in factories or industrial or
other establishments and are drawing wages of Rs. 3000 per month or more, except agricultural
labourers and sugarcane cutting labourers, shall be paid either by an account payee cheque drawn in
favour of the employed persons or by crediting the wages in the bank account of the employed
persons:
Provided also that, all wages payable to the employed persons, employed in factories or industrial
or other establishments situated in the area of Thane District in the State of Maharashtra, or in any
other area as may be notified by the State Government in the Official Gazette, whether they are in
continuous service as stipulated in section 25B of the Industrial Disputes Act, 1947 or otherwise and
irrespective of the amount of wages drawn, except agricultural labourers and sugarcane cutting
labourers, shall also be paid either by an account payee cheque drawn in favor of the employed
persons or by crediting the wages in the bank account of the employed persons.”;
(ii) for the marginal note, the following marginal note shall be substituted, namely:—
“Mode of payment of wages.”.
[Vide Maharashtra Act XXVI of 2010, s. 2]
**Amendment of section 6 of Act IV of 1936.—In the Payment of Wages act, 1936 (IV of 1936), as in**
force in the whole of the State of Maharashtra (hereinafter referred to as “the principal Act”), for section 6,
the following shall be substituted, namely:-
“6. Wages to be paid in current coin or currency notes.—All wages shall be paid in current coin
or currency notes, or in both :
Provided that, where the amount of any bonus payable to an employed person exceeds an amount
equal to one-fourth of his earnings (exclusive of dearness allowance) for the year to which the bonus
relates, such excess shall be paid or invested in the manner prescribed.
_Explanation.—For the purposes of this section, the expression—_
(1) “wages” shall include any bonus of the description given in sub-clause (1) of clause (vi) of
section 2 ; and
(2) “bonus” means bonus payable to an employed person under the terms of employment or
under an award or settlement or order of a court, and also includes any bonus of the description
given in sub-clause (1) of clause (iv) of section 2.”
[Vide Maharashtra Act XIII of 1961, s. 4]
**Amendment of section 6 of Act IV of 1936.—In section 6 of the said act, the following proviso shall**
be added, namely:-
“Provided that when the amount of any bonus payable to an employed person exceeds an amount
equal to one-fourth of his earnings (exclusive of dearness allowance) for the year to which the bonus
related, such excess shall be paid or invested in the manner prescribed.”
[Vide Maharashtra act LXII of 1953, s. 3]
-----
**Uttarakhand**
**Amendment of section 6.—Section 6 of the Payment of Wages Act, 1936 (central Act No. 04 of 1936) shall be**
substituted as follows; namely:-
**“6. All wages shall be paid by Banks Cheques or Real Time Gross settlement or national electronic Fund**
Transfer or Electronic Clearing Services System or postal Cheque:
Provided that if the work of the employed person is of temporary Nature or employed person is migrant and
he wants to receive cash payment of his earned wages, after the written permission of the Officer not below the
rank of Assistant Labour Commissioner posted in the work area of employment, cash payment of wages of the
Concerning person may be paid.”
[Vide Uttarakhand Act 17 of 2014, s. 2]
**Haryana**
**Amendment of section 6 of Central Act 4 of 1936.—In the proviso to section 6 of the principal Act,--**
(i) for the sign “.” Existing at the end, the sign “.” Shall be substituted.
(ii) after the existing proviso, the following proviso shall be added, namely:
“Provided further that the State Government may, by notification in the Official Gazette, specify the
industrial establishment, the employers of which shall pay to the persons employed therein, the wages
either by cheque or by crediting the wages in their bank account.”.
[Vide Haryana Act 19 of 2016, s. 3]
**7. Deductions which may be made from wages.—(1) Notwithstanding the provisions of [1][the Railways Act,**
1989 (24 of 1989)], the wages of an employed person shall be paid to him without deductions of any kind except those
authorised by or under this Act.
2[Explanation I].-Every payment made by the employed person to the employer or his agent shall, for the purposes
of this Act, be deemed to be a deduction from wages.
3[Explanation II.-Any loss of wages resulting from the imposition, for good and sufficient cause, upon a person
employed of any of the following penalties, namely:—
(i) the withholding of increment or promotion (including the stoppage of increment at an efficiency bar):
(ii) the reduction to a lower post or time scale or to a lower stage in a time scale: or
(iii) suspension,
shall not be deemed to be a deduction from wages in any case where the rules framed by the employer for the
imposition of any such penalty are in conformity with the requirements, if any, which may be specified in this behalf
by [4][appropriate Government] by notification in the Official Gazette.]
(2) Deductions from the wages of an employed person shall be made only in accordance with the provisions of
this Act, and may be of the following kinds only, namely:—
(a) fines;
(b) deductions for absence from duty;
(c) deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for
loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect
or default;
5[(d) deductions for house-accommodation supplied by the employer or by Government or any housing board
set up under any law for the time being in force (whether the Government or the board is the employer or not) or
any other authority engaged in the business of subsidizing house-accommodation which may be specified in this
behalf by [5][appropriate Government] by notification in the Official Gazette;]
(e) deductions for such amenities and services supplied by the employer as the [6] *** [5][appropriate
Government] [7][or any officer specified by it in this behalf] may, by general or special order, authorise;
_Explanation—The word “services” in_ [8][this clause] does not include the supply of tools and raw materials
required for the purposes of employment;]
9[(f) deductions for recovery of advances of whatever nature (including advances for travelling
allowance or conveyance allowance), and the interest due in respect thereof, or for adjustment of overpayments of wages;
1. Subs. by Act 41 of 2005, s. 6, for “sub-section (2) of section 47 of the Indian Railways Act, 1890 (9 of 1890)”
(w.e.f. 9-11-2005).
2. Explanation renumbered as Explanation I thereof by Act 68 of 1957, s. 5 (w.e.f. 1-4-1958).
3. Ins. by s. 5, ibid. (w.e.f. 1-4-1958).
4. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
5. Subs. by Act 68 of 1957, s. 5, for clause (d) (w.e.f. 1-4-1958).
6. The words “Governor-General in Council or” omitted by the A.O. 1937.
7. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
8. Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “this sub-clause” (w.e.f. 20-12-1974).
9. Subs. by Act 53 of 1964, s. 6, for clause (f) (w.e.f. 1-2-1965).
-----
(ff) deductions for recovery of loans made from any fund constituted for the welfare of labour in
accordance with the rules approved by [1][appropriate Government], and the interest due in respect
thereof;
(fff) deductions for recovery of loans granted for house-building or other purposes approved by
1[appropriate Government] and the interest due in respect thereof;]
(g) deductions of income-tax payable by the employed person;
(h) deductions required to be made by order of a Court or other authority competent to make such
order;
(i) deductions for subscriptions to, and for repayment of advances from any provident fund to which
the Provident Funds Act, 1925 (19 of 1925), applies or any recognized provident fund as defined [2][in
clause (38) of section 2 of the Income-tax Act, 1961 (43 of 1961)], or any provident fund approved in
this behalf by [1][appropriate Government], during the continuance of such approval; [3]***
4[(ii) deductions made with the written authorisation of—
(i) the employed person; or
(ii) the president or secretary of the registered trade union of which the employed person is a
member on such conditions as may be prescribed,
for contribution to the National Defence Fund or to any Defence Savings Scheme approved by
1[appropriate Government];]
(j) deductions for payments to co-operative societies approved by [1][appropriate Government] [5][or
any officer specified by it in this behalf] or to a scheme of insurance maintained by the Indian Post
Office; [6][and]
7[ 7[(k) deductions, made with the written authorisation of the person employed for payment of any
premium on his life insurance policy to the Life Insurance Corporation of India established under the
Life Insurance Corporation Act, 1956 (31 of 1956), or for the purchase of securities of the Government
of India or of any [1][appropriate Government] or for being deposited in any Post Office Savings Bank
in furtherance of any savings scheme of any such Government.]]
8[(kk) deductions made, with the written authorisation of the employed person, for the payment of
his contribution to any fund constituted by the employer or a trade union registered under the Trade
Union Act, 1926 (16 of 1926), for the welfare of the employed persons or the members of their families,
or both, and approved by [1][appropriate Government] or any officer specified by it in this behalf, during
the continuance of such approval;
(kkk) deductions made, with the written authorisation of the employed person, for payment of the
fees payable by him for the membership of any trade union registered under the Trade Unions Act,
1926 (16 of 1926);]
9[(l) deductions for payment of insurance premia on Fidelity Guarantee Bonds;
(m) deductions for recovery of losses sustained by a railway administration on account of
acceptance by the employed person of counterfeit or base coins or mutilated or forged currency notes;
1. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
2. Subs. by s. 6, ibid., for “in section 58A of the Indian Income-tax Act, 1922” (w.e.f. 9-11-2005).
3. The word “and” omitted by Ordinance 3 of 1940, s. 2.
4. Ins. by Act 42 of 1971, s. 6 (w.e.f. 4-12-1971).
5. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
6. Added by Ordinance 3 of 1940, s. 2
7. Subs. by Act 68 of 1957, s. 5, for clause (k) (w.e.f. 1-4-1958).
8. Ins. by Act 38 of 1982, s. 7 (w.e.f. 15-10-1982).
9. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
-----
(n) deductions for recovery of losses sustained by a railway administration on account of the failure
of the employed person to invoice, to bill, to collect or to account for the appropriate charges due to
that administration whether in respect of fares, freight, demurrage, wharfage and carnage or in respect
of sale of food in catering establishments or in respect of sale of commodities in grain shops or
otherwise;
(o) deductions for recovery of losses sustained by a railway administration on account of any
rebates or refunds incorrectly granted by the employed person where such loss is directly attributable
to his neglect or default;]
1[(p) deductions, made with the written authorisation of the employed person, for contribution to
the Prime Minister’s National Relief Fund or to such other Fund as the Central Government may, by
notification in the Official Gazette, specify;]
2[(q) deductions for contributions to any insurance scheme framed by the Central Government for
the benefit of its employees.]
3[(3) Notwithstanding anything contained in this Act, the total amount of deductions which may be
made under sub-section (2) in any wage-period from the wages of any employed person shall not exceed—
(i) in cases where such deductions are wholly or partly made for payments to co-operative societies
under clause (j) of sub-section (2), seventy-five percent. of such wages, and
(ii) in any other case, fifty percent. of such wages:
Provided that where the total deductions authorised under sub-section (2) exceed seventy-five
percent. or, as the case may be, fifty percent. of the wages, the excess may be recovered in such manner
as may be prescribed.
(4) Nothing contained in this section shall be construed as precluding the employer from recovering
from the wages of the employed person or otherwise any amount payable by such person under any law for
the time being in force other than [4][the Railways Act, 1989 (24 of 1989)].]
**STATE AMENDMENT**
**Kerala**
**Amendment of section 7.—In section 7 of the Payment of Wages Act, 1936 (Central Act 4 of 1936),**
in sub-section (2), after clause (o), the following clause shall be inserted, namely.—
“(p) deductions for repayment to the State Government of the amount of financial and granted under
the Kerala Financial And (to the Discharged or Dismissed Labour) Rules, 1958”
[Vide Kerala Act 34 of 1969, sec. 2.] (w.e.f. 8-10-1969).
**Karnataka**
**Amendment of section 7.—In section 7 of the principal Act in sub-section (2), after clause (p), the**
following clauses shall be added namely:—
“(q) deductions to recover from a person re-employed after the termination of his former
employment any amount paid to him from a provident fund or as a gratuity on such termination:
Provided that such recovery shall not exceed 20 per cent of total earnings. Re-employment in this
context means employment under the same employer;
(r) deduction specially authorised by the State Government for purposes beneficial to the employed
person”.
[Vide Karnataka Act 2 of 1977, s. 3]
1. Ins. by Act 29 of 1976, s. 4 (w.e.f. 12-11-1975).
2. Ins. by Act 19 of 1977, s. 2 (w.e.f. 30-6-1977).
3. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
4. Subs. by Act 41 of 2005, s. 6, for “the Indian Railways Act, 1890” (w.e.f. 9-11-2005).
-----
**Karnataka**
**Amendment of section 7.—In section 7 of the Payment of Wages Act, 1936 (Central Act 4 of 1936)**
(hereinafter referred to as the principal Act), clause (r) shall be omitted.
[Vide Karnataka Act 2 of 1982, s. 2]
**Maharashtra**
**Amendment of section 7 of Act IV of 1936.—In section 7 of the Payment of Wages Act, 1936, in sub-**
section (2), in clause (d), after the word “employer” the following shall be added, namely:—
“or the State Government, or the Bombay Housing Board constituted under the Bombay Housing
Board act, 1948, or such other agency as the State Government may, by notification in the _Official_
_Gazette, direct”._
[Vide Bombay Act XXXVII of 1956, s. 2]
**Amendment of section 7 of Act IV of 1936.—In section 7 of the principal Act, in sub-section (2), in**
clause (k), the words “for being deposited in any Post Office Saving bank” shall be deleted.
[Vide Maharashtra Act XIII of 1961, s. 5]
**Amendment of section 7 of Act IV of 1936.—In section 7 of the Payment of Wages Act, 1936 (IV of**
1936), in sub-section (2), —
(a) in clause (j), the word “and” at the end shall be deleted;
(b) after clause (k), the following new clause shall be added, namely: —
“(l) deduction made, with the consent of the person employed, for contribution towards any
public charitable purpose which the State Government may by notification in the Official Gazette
specify in that behalf.”
[Vide Maharashtra Act XLII of 1961, s. 2]
**8. Fines.—(1) No fine shall be imposed on any employed person save in respect of such acts and**
omissions on his part as the employer, with the previous approval of [1][appropriate Government] or of the
prescribed authority, may have specified by notice under sub-section (2).
(2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the
premises in which the employment is carried on or in the case of person employed upon a railway (otherwise
than in a factory), at the prescribed place or places.
(3) No fine shall be imposed on any employed person until he has been given an opportunity of showing
cause against the fine, or otherwise than in accordance with such procedure as may be prescribed for the
imposition of fines.
(4) The total amount of fine which may be imposed in any one wage-period on any employed person
shall not exceed an amount equal to [2][three per cent.] of the wages payable to him in respect of that wageperiod.
(5) No fine shall be imposed on any employed person who is under the age of fifteen years.
(6) No fine imposed on any employed person shall be recovered from him by installments or after the
expiry of [3][ninety days] from the day on which it was imposed.
(7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of
which it was imposed.
(8) All fines and all realisations thereof shall be recorded in a register to be kept by the person
responsible for the payment of wages under section 3 in such form as may be prescribed; and all such
realisations shall be applied only to such purposes beneficial to the persons employed in the factory or
establishment as are approved by the prescribed authority.
_Explanation.—When the persons employed upon or in any railway, factory or [4][industrial or other_
establishment] are part only of a staff employed under the same management, all such realisations may be
1. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
2. Subs. by Act 38 of 1982, s. 8, for “half-an-anna in the rupee” (w.e.f. 15-10-1982).
3. Subs. by Act 41 of 2005, s. 7, for “sixty days” (w.e.f. 9-11-2005).
4. Subs. by Act 38 of 1982, s. 8, for “industrial establishment” (w.e.f. 15-10-1982).
-----
credited to a common fund maintained for the staff as a whole, provided that the fund shall be applied only
to such purposes as are approved by the prescribed authority.
**9. Deductions for absence from duty.—(1) Deductions may be made under clause (b) of sub-section**
(2) of section 7 only on account of the absence of an employed person from the place or places where, by
the terms of his employment, he is required to work, such absence being for the whole or any part of the
period during which he is so required to work.
(2) The amount of such deduction shall in no case bear to the wages payable to the employed person in
respect of the wage-period for which the deduction is made a large proportion than the period for which he
was absent bears to the total period, within such wage-period, during which by the terms of his employment,
he was required to work:
Provided that, subject to any rules made in this behalf by [1][appropriate Government], if ten or more
employed persons acting in concert absent themselves without due notice (that is to say without giving the
notice which is required under the terms of their contracts of employment) and without reasonable cause,
such deduction from any such person may include such amount not exceeding his wages for eight days as
may by any such terms be due to the employer in lieu of due notice.
2[Explanation.—For the purposes of this section, an employed person shall be deemed to be absent
from the place where he is required to work if, although present in such place, he refuses, in pursuance of
a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his work.]
**10. Deductions for damage or loss.—** [3] [(1) A deduction under clause (c) or clause (o) of
sub-section (2) of section 7 shall not exceed the amount of the damage or loss caused to the employer by
the neglect or default of the employed person.
(1A) A deduction shall not be made under clause (c) or clause (m) or clause (n) or clause(o) of
sub-section (2) of section 7 until the employed person has been given an opportunity of showing cause
against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the
making of such deductions.]
(2)All such deductions and all realisations thereof shall be recorded in a register to be kept by the person
responsible for the payment of wages under section 3 in such form as may be prescribed.
**11. Deductions for services rendered.—A deduction under clause (d) or clause (e) of sub-section (2)**
of section 7 shall not be made from the wages of an employed person, unless the house-accommodation
amenity or service has been accepted by him, as a term of employment or otherwise, and such deduction
shall not exceed an amount equivalent to the value of the house-accommodation amenity or service supplied
and, in the case of a deduction under the said clause (e), shall be subject to such conditions as [4]***
5[appropriate Government] may impose.
**12. Deductions for recovery of advances.—Deductions under clause (f) of sub-section (2) of section**
7 shall be subject to the following conditions, namely:—
(a) recovery of an advance of money given before employment began shall be made from the first
payment of wages in respect of a complete wage-period, but no recovery shall be made of such advances
given for travelling-expenses;
6[(aa) recovery of an advance of money given after employment began shall be subject to such
conditions as [1][appropriate Government] may impose;]
(b) recovery of advances of wages not already earned shall be subject to any rules made by
1[appropriate Government] regulating the extent to which such advances may be given and the
installments by which they may be recovered.
1. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
2. Added by Act 22 of 1937, s. 2 (w.e.f. 14-4-1937).
3. Subs. by Act 53 of 1964, s. 7, for sub-section (1) (w.e.f. 1-2-1965).
4. The words “the Governor-General in Council or” omitted by the A.O. 1937.
5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
6. Ins. by Act 53 of 1964, s. 8 (w.e.f. 1-2-1965).
-----
1[12A. Deductions for recovery of loans.—Deductions for recovery of loans granted under clause (fff)
of sub-section (2) of section 7 shall be subject to any rules made by [2][appropriate Government] regulating
the extent to which such loans may be granted and the rate of interest payable thereon.]
**13. Deductions for payments to co-operative societies and insurance schemes.—Deductions under**
clause (j) [3][and clause (k)] of sub-section (2) of section 7 shall be subject to such conditions as [2][appropriate
Government] may impose.
**STATE AMENDMENTS**
**Karnataka**
**Amendment of section 13.—In section 13 of the principal Act,—**
(1) for the heading the following heading shall be substituted, namely:—
**“13. Other deductions.”**
(2) for the words, letters and brackets, “under clause (j) and clause (k)” the words, letters and brackets”
under clause (j), clause (k), clause (q) and clause (r)” shall be substituted.
[Vide Karnataka Act 2 of 1977, s. 4]
**Karnataka**
**Amendment of section 13.—In sub-section (2) of section 13 of the principal Act for the words, letters**
and brackets “clause (q) and clause (r)”, the words, letter and brackets “and clause (q)” shall be substituted.
[Vide Karnataka Act 2 of 1982, s. 3].
4[13A. Maintenance of registers and records.—(1) Every employer shall maintain such registers and
records giving such particulars of persons employed by him, the work performed by them, the wages paid
to them, the deductions made from their wages, the receipts given by them and such other particulars and
in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this
Act, be preserved for a period of three years after the date of the last entry made therein.]
**14. Inspectors.—(1) An Inspector of Factories appointed under [5][sub-section (1) of section 8 of the**
Factories Act, 1948 (63 of 1948)], shall be an Inspector for the purposes of this Act in respect of all factories
within the local limits assigned to him.
(2) [1][Appropriate Government] may appoint Inspectors for the purposes of this Act in respect of all
persons employed upon a railway (otherwise than in a factory) to whom this Act applies.
(3) [1][Appropriate Government] may, by notification in the Official Gazette, appoint such other persons
as it thinks fit to be Inspectors for the purposes of this Act, and may define the local limits within which
and the class of factories and [6][industrial or other establishments] in respect of which they shall exercise
their functions.
7[(4) An Inspector may,—
(a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions
of this Act or rules made thereunder are being observed;
1. Ins. by Act 53 of 1964, s. 9 (w.e.f. 1-2-1965).
2. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005)
3. Ins. by Ordinance 3 of 1940, s. 3.
4. Ins. by Act 53 of 1964, s. 10 (w.e.f. 1-2-1965).
5. Subs. by Act 68 of 1957, s. 6, for “sub-section (1) of section 10 of the Factories Act, 1934” (w.e.f. 1-4-1958).
6. Subs. by Act 38 of 1982, s. 9, for “industrial establishments” (w.e.f. 15-10-1982).
7. Subs. by Act 53 of 1964, s. 11, for sub-section (4) (w.e.f. 1-2-1965).
-----
(b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises of any
railway, factory or [1][industrial or other establishment] at any reasonable time for the purpose of carrying
out the object of this Act;
(c) supervise the payment of wages to persons employed upon any railway or in any factory
or [1][industrial or other establishment];
(d) require by a written order the production at such place, as may be prescribed, of any register or
record maintained in pursuance of this Act and take on the spot or otherwise statements of any persons
which he may consider necessary for carrying out the purposes of this Act;
(e) seize or take copies of such registers or documents or portions thereof as he may consider
relevant in respect of an offence under this Act which he has reason to believe has been committed by
an employer;
(f) exercise such other powers as may be prescribed:
Provided that no person shall be compelled under this sub-section to answer any question or make
any statement tending to incriminate himself.
(4A) The provisions of the [2][Code of Criminal Procedure, 1973 (2 of 1974)] shall, so far as may be,
apply to any search or seizure under this sub-section as they apply to any search or seizure made under the
authority of a warrant issued under [3][section 94] of the said Code.]
(5) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code
(45 of 1860).
4 [14A. Facilities to be afforded to Inspectors.—Every employer shall afford an Inspector all
reasonable facilities for making any entry, inspection, supervision, examination or inquiry under this Act.]
**15. Claims arising out of deductions from wages or delay in payment of wages and penalty for**
**malicious or vexatious claims.—[5][(1) The appropriate Government may, by notification in the Official**
Gazette, appoint—
(a) any Commissioner for Workmen's Compensation; or
(b) any officer of the Central Government exercising functions as,—
(i) Regional Labour Commissioner; or
(ii) Assistant Labour Commissioner with at least two years’ experience; or
(c) any officer of the State Government not below the rank of Assistant Labour Commissioner with
at least two years’ experience; or
(d) a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial
Disputes Act, 1947 (14 of 1947) or under any corresponding law relating to the investigation and
settlement of industrial disputes in force in the State; or
(e) any other officer with experience as a Judge of a Civil Court or a Judicial Magistrate,
as the authority to hear and decide for any specified area all claims arising out of deductions from the wages,
or delay in payment of the wages, of persons employed or paid in that area, including all matters incidental
to such claims:
Provided that where the appropriate Government considers it necessary so to do, it may appoint more
than one authority for any specified area and may, by general or special order, provide for the distribution
or allocation of work to be performed by them under this Act.]
1. Subs. by Act 38 of 1982, s. 9, for “industrial establishment” (w.e.f. 15-10-1982).
2. Subs. by s. 9, ibid., for “Code of Criminal Procedure, 1898” (w.e.f. 15-10-1982).
3. Subs. by s. 9, ibid., for “section 98” (w.e.f. 15-10-1982).
4. Ins. by Act 53 of 1964, s. 12 (w.e.f. 1-2-1965).
5. Subs. by Act 41 of 2005, s. 8, for sub-section (1) (w.e.f. 9-11-2005).
-----
(2) Where contrary to the provisions of this Act any deduction has been made from the wages of an
employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner
or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector under
this Act, or any other person acting with the permission of the authority appointed under sub-section (1),
may apply to such authority for a direction under sub-section (3):
Provided that every such application shall be presented within [1][twelve months] from the date on which
the deduction from the wages was made or from the date on which the payment of the wages was due to be
made, as the case may be:
Provided further that any application may be admitted after the said period of [1][twelve months] when
the applicant satisfies the authority that he had sufficient cause for not making the application within such
period.
2[(3) When any application under sub-section (2) is entertained, the authority shall hear the applicant
and the employer or other person responsible for the payment of wages under section 3, or give them an
opportunity of being heard, and, after such further enquiry, if any, as may be necessary, may, without
prejudice to any other penalty to which such employer or other person is liable under this Act, direct the
refund to the employed person of the amount deducted, or the payment of the delayed wages, together with
the payment of such compensation as the authority may think fit, not exceeding ten times the amount
deducted in the former case and not exceeding three thousand rupees but not less than one thousand five
hundred rupees in the latter, and even if the amount deducted or delayed wages are paid before the disposal
of the application, direct the payment of such compensation, as the authority may think fit, not exceeding
two thousand rupees:
Provided that a claim under this Act shall be disposed of as far as practicable within a period of three
months from the date of registration of the claim by the authority:
Provided further that the period of three months may be extended if both parties to the dispute agree
for any bona fide reason to be recorded by the authority that the said period of three months may be extended
to such period as may be necessary to dispose of the application in a just manner:
Provided also that no direction for the payment of compensation shall be made in the case of delayed
wages if the authority is satisfied that the delay was due to—
(a) a bona fide error or bona fide dispute as to the amount payable to the employed person; or
(b) the occurrence of an emergency, or the existence of exceptional circumstances, the person
responsible for the payment of the wages was unable, in spite of exercising reasonable diligence; or
(c) the failure of the employed person to apply for or accept payment.]
3[(4) If the authority hearing an application under this section is satisfied—
(a) that the application was either malicious or vexatious, the authority may direct that a
penalty [4][not exceeding three hundred seventy-five rupees] be paid to the employer or other person
responsible for the payment of wages by the person presenting the application; or
(b) that in any case in which compensation is directed to be paid under sub-section (3), the applicant
ought not to have been compelled to seek redress under this section, the authority may direct that a
penalty [2][not exceeding three hundred seventy-five rupees] be paid to [5][appropriate Government] by
the employer or other person responsible for the payment of wages.
(4A) Where there is any dispute as to the person or persons being the legal representative or
representatives of the employer or of the employed person, the decision of the authority on such dispute
shall be final.
1. Subs. by Act 53 of 1964, s. 13, for “six months” (w.e.f. 1-2-1965).
2. Subs. by Act 41 of 2005, s. 8, for sub-section (3) (w.e.f. 9-11-2005).
3. Subs. by Act 53 of 1964, s. 13, for sub-section (4) (w.e.f. 1-2-1965).
4. Subs. by Act 41 of 2005, s. 8, for “not exceeding fifty rupees” (w.e.f. 9-11-2005).
5.Subs. by s. 3, ibid., for “the State Government” (w.e.f. 9-11-2005).
-----
(4B) Any inquiry under this section shall be deemed to be a judicial proceeding within the meaning
of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860).]
(5) Any Amount directed to be paid under this section may be recovered—
(a) if the authority is a Magistrate, by the authority as if it were a fine imposed by him as Magistrate,
and
(b) if the authority is not a Magistrate, by the Magistrate to whom the authority makes application
in this behalf, as if it were a fine imposed by such Magistrate.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 15.—In section 15 of the principal Act.—**
(1) in sub-section (2), after the word, brackets and figure “sub-section (3)”, the following shall be
inserted, namely:—
“and in case of death of the employed person, it shall be lawful for his legal representatives to make and
application for such direction”;
(2) for sub-section (5), the following sub-section shall be substituted, namely:—
“(5) Any amount directed to be paid under this section may be recovered by the authority as an arrear of
land revenue and the authority shall for that purpose be deemed to be a public officer within the meaning of
section 5 of the Revenue Recovery Act, 1890”.
[Vide Karnataka Act 2 of 1977, s. 5]
**Insertion of new section 15A.—After section 15 of the Principal Act, the following section shall be inserted,**
namely:—
**“15A. Liability for payment of court fees.—(1) In any proceedings under section 15, the applicant shall**
not be liable to pay any court fees (other than fees payable for the service of process) in respect of such
proceedings:
Provided that when the application is presented by an Inspector he shall not be liable to pay the process fees
also.
(2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate
the amount of court fees which would have been payable by the applicant but for sub-section (1) and direct the
employer or other person responsible for the payment of wages under section 3 to pay such amount to the State
Government. Such amount shall, without prejudice to any other mode of recovery be recoverable as an arrear of
land revenue.
(3) When an appeal is preferred under section 17 by a person making an application under section 15, the
provisions of sub-sections (1) and (2) shall mutatis mutandis apply with the modification that such person, not
being an Inspector, shall pay court fees of an amount of five rupees, but that such amount shall be refunded to
him in the event of his succeeding in the appeal.”
[Vide Karnataka Act 2 of 1977, s. 6]
**Karnataka**
In section 15 for the words “Stipendiary Magistrate” the words “Judicial Magistrate” shall be
substituted.
[Vide Karnataka Act 13 of 1965, s. 67 and Schedule]
**Maharashtra**
**Amendment of section 15 of Act IV of 1936.—In section 15 of the said Act,--**
(a) in sub-section (1), for the words and figures beginning with the words "appoint any" and ending
with the words "to be the authority", the words "appoint one or more persons to be the authority or
authorities” shall be substituted;
(b) after sub-section (1), insert the following sub-sections, namely:-
-----
“(1A) A person shall not be qualified for appointment as an authority under this Act unless he
is a Commissioner for Workmen's Compensation or any other officer with experience as a Judge
of a Civil Court or as a stipendiary Judicial Magistrate or as a Judge of a Labour Court or as a
judicial member of the Industrial Court constituted under the Bombay Industrial Relations Act,
1946 (XI of 1947), or as a stipendiary Judicial Magistrate.
(IB) Where more than one person are appointed for any specified area as authorities under
sub-section (1), the State Government may by general or special order make such arrangements as
it thinks fit for the distribution of the work among the authorities so appointed.”;
(c) in sub-section (2).—
(i) after the words “to act on his behalf the words and figures “ or a representative union
registered as such under the Bombay Industrial Relations act, 1946 (Bom. XI of 1947), shall be
inserted;
(ii) after the word, brackets and figure “sub-section (3)” the following shall be inserted,
namely:-
“and in case of death of the employed person, it shall be lawful for his legal representative
to make an application for such direction”;
(d) in sub-section (3),-
(i) for the words “refund to the employed person” the words “refund to the employed person
of his legal representative, as the case may be,” shall be substituted;
(ii) after the words “twenty-five rupees in the latter” the following shall be inserted, namely:
“and the authority may direct the payment of such compensation in cases, where the
amount deducted or the delayed wages are paid by the employer to the employed person or his
legal representative before he disposal for the application”;
(iii) in the proviso, after the words “employed person”, at both the places where they occur, the
words “or his legal representative” shall be inserted;
(e) after sub-section (5), the following shall be added, namely:
“(6) Where a question arises as to whether any person is or is not a legal representative of the
decreased employed person, such question shall be determined by the authority and the decision of
the authority shall be final.”
[Vide Bombay Act XLVIII of 1955, s. 3]
**Maharashtra**
**Deletion of section 15 (3A) from Act IV of 1936.—Sub-section (3-A) inserted in section 15 of the**
Payment of Wages Act, 1936 (IV of 1936), by section 4 (4) of the Payment of Wages (Bombay Amendment)
Act, 1953(Bom LXII of 1953), shall, in its application to the Bombay area of the State of Maharashtra, be
deleted therefrom.
[Vide Maharashtra Act XIII of 1961, s. 3]
**Amendment of section 15 of Act IV of 1936.—In section 15 of the Principal act, in sub-section (1A),**
for the portion beginning with the words “of a Labour Court” and ending with the words “Judicial
Magistrate” the following shall be substituted, namely:
“as a stipendiary Judicial Magistrate or as Judge of a Labour Court or as judicial member of the
Industrial Court constituted under the Bombay Industrial Relations Act, 1946 (Bom. XIV of 1947), or
as presiding officer of a Tribunal constituted under the Industrial Disputes, 1947 (XI of 1947)”.
[Vide Maharashtra Act XIII of 1961, s. 6]
-----
**Amendment of section 15 of Act IV of 1953.—In section 15 of the said act,—**
(1) in sub-section (1), after the words “Civil Court” the words and figures “or of a Labour Court
constituted under the Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), shall be inserted;
(2) in sub-section (2), in both the proviso, for the words “six months” the words “one year” shall
be substituted.
(3) in sub-section (3), for the words “ten rupees” the words “twenty-five rupees” shall be
substituted;
(4) after sub-section (3) the following shall be inserted, namely:-
“(3A) Where at any stage of an application under sub-section (2) the authority, upon report
made to it and after hearing such employer or other person is satisfied that it is necessary go to do
in order that the satisfaction of any direction that may be given under sub-section (3) is not delayed
or defeated, the authority may order the conditional attachment of the property which may be liable
for the satisfaction of such direction, unless such employer or other person either deposits with the
authority an adequate sum sufficient to satisfy the claim or given security for a like amount.
An attachment made under the this sub-section shall have the same effect as if made by a
competent Civil Court.”;
(5) for sub-section (4), the following shall be substituted, namely:-
“(4) if the Authority hearing any application under this section is satisfied,-
(i) that the application was either malicious or vexatious, the authority may direct that
a penalty not exceeding fifty rupees be paid to the employer or other person responsible
for the payment of wages by the presenting the application ; or
(ii) that, in any case in which compensation is directed to be paid under sub-section
(3), the applicant ought not to have been compelled to seek redress under this section, the
authority may direct that a penalty not exceeding fifty rupees to also paid by the employer
or other person responsible for the payment of wages. The amount of such penalty when
paid or recovered shall be credited to the State Government.”
[Vide Maharashtra Act LXII of 1953, s. 4]
**Insertion of new section 15A in Act IV of 1953.—After section 15 of the said Act, the following**
section shall be inserted, namely:-
“15A. Liability for payment of court-fees.—(1) In any proceedings under section 15, the
applicant shall not be liable to any court-fees (other than fees payable for service of process) in respect
of such proceedings:
Provided that when the application is presented by an Inspector he shall not be liable to pay the
process fees also.
(2) Where the applicant succeeds in such proceedings, the authority hearing the application shall
calculate the amount of court-fees which would have been payable by the applicant but for sub-section
(1) and direct the employer or other person responsible for the payment of wages under section 3 to
pay such amount to the State Government, Such amount shall, without prejudice to any other mode of
recovery, be recoverable as an arrear of land revenue.”
[Vide Maharashtra Act LXII of 1953, s. 5]
**Rajasthan**
**Insertion of new section 15A, Central Act 4 of 1936.-After section 15 of the Payment of Wages Act, 1936**
(Central Act 4 of 1936), hereinafter referred to as the principal Act, the following section shall be inserted,
namely
"15A. Liability for payment of court-fees.- (1) In any proceedings under section 15, the applicant
shall not be liable to pay any court-fees (other than fees payable for service of process) in respect of
-----
such proceedings; provided that when the application is presented by an Inspector, he shall not be liable
to pay the process fees even.
(2) Where the applicant succeeds in such proceedings, the authority hearing the application shall
calculate the amount of court-fees which would have been payable by the applicant, but for sub-section
(1), and direct the employer or other person responsible for the payment of wages under section 3, to
pay such amount to the State Government. Such amount shall, without prejudice to any other mode of
recovery, be recoverable as an arrear of land revenue."
[Vide Rajasthan Act 13 of 1970, s. 2]
**Amendment of section 15, Central Act 4 of 1936.--In the Payment of Wages Act, 1936 (Central Act**
4 of 1936), in its application to the State of Rajasthan, in section 15, in sub-section (1), after the expression
"stipendiary Magistrate", the expression "or a Vikas Adhikari appointed under the Rajasthan Panchayat
Samiti And Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959)" shall be inserted.
[Vide Rajasthan Act 11 of 1976, s. 2]
**Haryana**
**After the proviso to sub-section (1)** **of section 15 of the Payment of Wages Act, 1936, the following**
**further proviso shall be added, namely:--**
“Provided further that the State Government may transfer any matter from one authority to the
other authority.”.
[Vide Haryana Act 5 of 1985, s. 2]
**16. Single application in respect of claims from unpaid group.—(1) Employed persons are said to**
belong to the same unpaid group if they are borne on the same establishment and if [1][deductions have been
made from their wages in contravention of this Act for the same cause and during the same wage period or
periods or if] their wages for the same wage-period or periods have remained unpaid after the day fixed by
section 5.
(2) A single application may be presented under section 15 on behalf or in respect of any number of
employed persons belonging to the same unpaid group, and in such case [2][every person on whose behalf
such application is presented may be awarded maximum compensation to the extent specified in sub-section
(3) of section 15].
(3) The authority may deal with any number of separate pending applications, presented under section
15 in respect of persons belonging to the same unpaid group, as a single application presented under subsection (2) of this section, and the provisions of that sub-section shall apply accordingly.
**17. Appeal.—(1) [3][An appeal against an order dismissing either wholly or in part an application made**
under sub-section (2) of section 15, or against a direction made under sub-section (3) or sub-section (4) of
that section] may be preferred, within thirty days of the date on which [4][the order or direction] was made,
in a Presidency-town [5]*** before the Court of Small Causes and elsewhere before the District Court—
(a) by the employer or other person responsible for the payment of wages under section 3, if the
total sum directed to be paid by way of wages and compensation exceeds three hundred rupees [6][or
such direction has the effect of imposing on the employer or the other person a financial liability
exceeding one thousand rupees], or
7[(b) by an employed person or any legal practitioner or any official of a registered trade union
authorised in writing to act on his behalf or any Inspector under this Act, or any other person permitted
by the authority to make an application under sub-section (2) of section 15, if the total amount of wages
1. Ins. by Act 53 of 1964, s. 14 (w.e.f. 1-2-1965).
2. Subs. by s. 14, ibid., for “the maximum compensation that may be awarded under sub-section (3) of section 15 shall be ten rupees
per head” (w.e.f. 1-2-1965).
3. Subs. by Act 68 of 1957, s. 7, for “An appeal against a direction made under sub-section (3) or sub-section (4) of section 15”
(w.e.f. 1-4-1958).
4. Subs. by s. 7,ibid., for “the direction” (w.e.f. 1-4-1958).
5. The words “or in Rangoon” omitted by the A.O. 1937.
6. Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).
7. Subs. by s.15, ibid., for clause (b) (w.e.f. 1-2-1965).
-----
claimed to have been withheld from the employed person exceeds twenty rupees or from the unpaid
group to which the employed person belongs or belonged exceeds fifty rupees, or]
(c) by any person directed to pay a penalty under [1][sub-section (4)] of section 15.
1[(1A) No appeal under clause (a) of sub-section (1)] shall lie unless the memorandum of appeal is
accompanied by a certificate by the authority to the effect that the appellant has deposited the amount
payable under the direction appealed against.]
2[(2) Save as provided in sub-section (1) any order dismissing either wholly or in part an application
made under sub-section (2) of section 15, or a direction made under sub-section (3) or sub-section (4) of
that section shall be final.]
3[(3) Where an employer prefers an appeal under this section, the authority against whose decision the
appeal has been preferred may, and if so directed by the court referred to in sub-section (1) shall, pending
the decision of the appeal, withhold payment of any sum in deposit with it.
(4) The court referred to in sub-section (1) may, if it thinks fit, submit any question of law for the
decision of the High Court and, if it so does, shall decide the question in conformity with such decision.]
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 17.—In section 17 of the principal Act,—**
(1) in sub-section (2), after the words, brackets and figure “sub-section (4) of that section” the
words, brackets, figures and letter, “or any order made under sub-section (1) of section 17A” shall be
inserted.
(2) after sub-section (4), the following sub-section shall be added, namely:—
“(5) the provisions of section 5 of the Limitation Act, 1963 shall be applicable to appeals
under this section.”
[Vide Karnataka Act 2 of 1977, s. 7]
**Maharashtra**
**Amendment of section 17 of Act IV of 1936.—In section 17 of the said Act, in sub-section (1), in**
clause (b), -
(i) after the words “an employed person” the following shall be inserted namely:
“or any legal practitioner or any official of a registered trade union authorised in writing to act
on act on his behalf or a representative union registered as such under the Bombay Industrial
Relations act, 1946, or any Inspector under this Act or any other person authorised by an authority
to make an application under sub-section (2) of section 15 and in the case of death of the employed
person, his legal representative, as the case may be,”;
(ii) for the words “him” and “he” the words “the employed person” shall be substituted.
[Vide Bombay Act XLVIII of 1955, s. 4]
**Amendment of section 17 of Act IV of 1936.—In section 17 of the principal Act, in sub-section (1),—**
(1) for clause (b), the following shall be substituted, namely: —
“(b) by an employed person, or any legal practitioner or any official of a registered trade union
authorised in writing in writing to act on his behalf, or a representative union registered as such
under the Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), or any Inspector under this
1. Subs. by Act 20 of 1937, s. 2 and the First Schedule, for “sub-section (5) (w.e.f. 14-4-1937).
2. Subs. by Act 68 of 1957, s. 7, for sub-section (2) (w.e.f. 1-4-1958).
3. Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).
-----
Act, or any other person authorised by an authority to make an application under sub-section (2) of
section 15, and (in the case of the death of the employed person) by his legal representative, as the
case may be, if the total amount of wages claimed to have been withheld from the employed person,
or from the unpaid group to which the employed person belonged, exceeds fifty rupees, or”
(2) after the first proviso, the following shall be added, namely:-
“Provided further that, when the order or direction appealed against was made by any person
who holds or has held office of or above the rank of a District Judge or a judicial member of the
Industrial Court constituted under the Bombay Industrial relations Act, 1946, or the presiding
officer of a Tribunal constituted under the Industrial Disputes act, 1947, an appeal under this section
shall lie to the High Court.”
[Vide Maharashtra Act XIII of 1961, s. 7]
**Amendment of section 17 of Act IV of 1936.—In section 17 of the said Act,--**
(1) to sub-section (1), the following shall be added, namely:-
“Provided that no appeal by an employer or other person responsible for the payment of wages
under section 3, under clause (a) shall lie unless the memorandum of appeal is accompanied by a
certificate by the authority, to the effect that the appellant has deposited with it the amount payable
under the order appealed against.”
(2) sub-section (2), after the brackets and figure “(4)” the words, brackets figure and letter”, or any
order made under sub-section (3A)” shall be inserted;
(3) after sub-section (2), the following sub-section shall be added, namely:-
“(3) The provisions of section 5 of the Indian Limitation Act, 1908 (IX of 1908), shall be
applicable to appeals under this section.”
[Vide Bombay Act LXII of 1953, s. 6]
1[17A. Conditional attachment of property of employer or other person responsible for payment
**of wages.—(1) Where at any time after an application has been made under sub-section (2) of section 15**
the authority, or where at any time after an appeal has been filed under section 17 by an employed person
or [2][any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf
or any Inspector under this Act or any other person permitted by the authority to make an application under
sub-section (2) of section 15] the Court referred to in that section, is satisfied that the employer or other
person responsible for the payment of wages under section 3 is likely to evade payment of any amount that
may be directed to be paid under section 15 or section 17, the authority or the court, as the case may be,
except in cases where the authority or court is of opinion that the ends of justice would be defeated by the
delay, after giving the employer or other person an opportunity of being heard, may direct the attachment
of so much of the property of the employer or other person responsible for the payment of wages as is, in
the opinion of the authority or court, sufficient to satisfy the amount which may be payable under the
direction.
(2) The provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to attachment before
judgment under that Code shall, so far as may be, apply to any order for attachment under sub-section (1).]
1. Ins. by Act 68 of 1957, s. 8 (w.e.f. 1-4-1958).
2. Subs. by Act 53 of 1964, s. 16, for “any official of a registered trade union authorised in writing to act on his behalf"”
(w.e.f. 1-2-1965).
-----
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 17A of Act IV of 1936 inserted by Act LXVIII of 1957.—In section 17A**
inserted in the principal Act by section 8 of the Payment of Wages (Amendment) Act, 1957 (III of 1957),
in sub-section (1), for the words “any official of a registered trade union authorised in writing to act on his
behalf” the words “any other person or a representative union competent to present such appeal,” shall be
substituted.
[Vide Maharashtra Act XIII of 1961, s. 8]
**Renumbering of section 17A of Act IV of 1936.—Section 17A as inserted in the principal Act by**
section 3 of the Payment of Wages (Bombay Amendment) Act, 1954 (Bom LXX of 1954), shall be
renumbered as section 17B the principal Act.
[Vide Maharashtra act XIII of 1961, s. 9]
**Rajasthan**
**Insertion of new section 17B, Central Act 4 of 1936.-After section 17A of the principal Act, the**
following section shall be inserted, namely:
"17B. **_Provisions of section 15A to apply to appeals preferred under section 17 with_**
**_modification.- When an appeal is preferred under section 17 by a person making an application under_**
section 15, the provisions of section 15A shall mutatis mutandis apply, with the modification that such
person, not being an Inspector, shall pay court-fees of an amount of five rupees, but that such amount
shall be refunded to him in the event of his success in the appeal."
[Vide Rajasthan Act 13 of 1970, s. 3]
**18. Powers of authorities appointed under section 15.—Every authority appointed under sub-section**
(1) of section 15 shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of
1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the
production of documents, and every such authority shall be deemed to be a Civil Court of all the purposes
of section 195 and of [1][Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)].
**19.[Power to recover from employer in certain cases].—Omitted by the Payment of Wages**
(Amendment) Act, 1964 (53 of 1964), s. 17 (w.e.f. 1-2-1965).
**20. Penalty for offences under the Act.—(1) Whoever being responsible for the payment of wages to**
an employed person contravenes any of the provisions of any of the following section, namely, [2][section5
except sub-section (4) thereof, section 7, section 8 except sub-section(8) thereof, section 9, section 10
except sub-section (2) thereof, and sections11 to 13], both inclusive, shall be punishable [3][with fine which
shall not be less than one thousand five hundred rupees but which may extend to seven thousand
five hundred rupees].
(2) Whoever contravenes the provisions of section 4,[4][sub-section(4) of section 5, section 6, sub-section
(8) of section 8, sub-section (2) of section 10] or section 25 shall be punishable [5][with fine which may
extend to three thousand seven hundred fifty rupees].
6[(2A) Whoever being required to nominate or designate a person under section 3 fails to do so, such
person shall be punishable with fine which may extend to three thousand rupees.]
7[(3)Whoever being required under this Act to maintain any records or registers or to furnish any
information or return—
(a) fails to maintain such register or record; or
(b) wilfully refuses or without lawful excuse neglects to furnish such information or return; or
1. Subs. by Act 38 of 1982, s. 10, for “Chapter XXVI of the Code of Criminal Procedure, 1973” (w.e.f. 15-10-1982).
2. Subs. by Act 53 of 1964, s. 18, for “section 5 and sections 7 to 13” (w.e.f. 1-2-1965).
3. Subs. by Act 41 of 2005, s. 9, for “with fine which shall not be less than two hundred rupees but which may extend to one
thousand rupees” (w.e.f. 9-11-2005).
4. Subs. by Act 53 of 1964, s.18, for “section 6” (w.e.f. 1-2-1965).
5. Subs. by Act 41 of 2005, s. 9, for “with fine which may extend to five hundred rupees” (w.e.f. 9-11-2005).
6. Ins. by Act 41 of 2005, s. 9 (w.e.f. 9-11-2005).
7. Ins. by Act 53 of 1964, s.18 (w.e.f. 1-2-1965).
-----
(c) wilfully furnishes or causes to be furnished any information or return which he knows to be
false; or
(d) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any
information required to be furnished under this Act,
shall for each such offence, be punishable [5][with fine which shall not be less than one thousand five hundred
rupees but which may extend to seven thousand five hundred rupees].
(4) Whoever—
(a) wilfully obstructs an Inspector in the discharge of his duties under this Act; or
(b) refuses or wilfully neglects to afford an Inspector any reasonable facility for making any entry,
inspection, examination, supervision, or inquiry authorised by or under this Act in relation to any
railway, factory of [1][industrial or other establishment]; or
(c) wilfully refuses to produce on the demand of an Inspector any register or other document kept
in pursuance of this Act; or
(d) prevents or attempts to prevent or does anything which he has any reason to believe is likely to
prevent any person from appearing before or being examined by an Inspector acting in pursuance of
his duties under this Act,
shall be punishable [2][with fine which shall not be less than one thousand five hundred rupees but which
may extend to seven thousand five hundred rupees].
(5) If any person who has been convicted of any offence punishable under this Act is again guilty of an
offence involving contravention of the same provision, he shall be punishable on a subsequent conviction
with imprisonment for a term [3][with fine which shall not be less than three thousand seven hundred fifty
rupees but which may extend to twenty-two thousand five hundred]:
Provided that for the purpose of sub-section, no cognizance shall be taken of any conviction made more
than two years before the date on which the commission of the offence which is being punished came to
the knowledge of the Inspector.
(6) If any person fails or wilfully neglects to pay the wages of any employed person by the date fixed
by the authority, in this behalf, he shall, without prejudice to any other action that may be taken against
him, be punishable with an additional fine which may extend to [4][seven hundred fifty rupees] for each day
for which such failure or neglect continues.]
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 20 of Act IV of 1936.—In section 20 of the said Act, in sub-section (1), for the**
words “five hundred rupees” the words “two thousand rupees” shall be substituted.”.
[Vide Bombay Act LXII of 1953, s. 7]
**21. Procedure in trial of offences.—(1) No Court shall take cognizance of a complaint against any**
person for an offence under sub-section (1) of section 20 unless an application in respect of the facts
constituting the offence has been presented under section 15 has been granted wholly or in part and the
authority empowered under the latter section or the appellate Court granting such application has sanctioned
the making of the complaint.
(2) Before sanctioning the making of a complaint against any person for an offence under sub-section
(1) of section 20, the authority empowered under section 15 or the appellate Court, as the case may be, shall
1. Subs. by Act 38 of 1982, s. 11, for “industrial establishment” (w.e.f. 15-10-1982).
2. Subs. by Act 41 of 2005, s. 9, for “with fine which shall not be less than two hundred rupees but which may extend to one
thousand rupees” (w.e.f. 9-11-2005).
3. Subs. by Act 41 of 2005, s. 9, for “with fine which shall not be less than five hundred rupees but which may extend to three
thousand rupees” (w.e.f. 9-11-2005).
4. Subs. by s. 9, ibid., for “one hundred rupees” (w.e.f. 9-11-2005).
-----
give such person an opportunity of showing cause against the granting of such sanction, and the sanction
shall not be granted if such person satisfies the authority or Court that his default was due to—
(a) a bona fide error or bona fide dispute as to the amount payable to the employed person, or
(b) the occurrence of an emergency or the existence of exceptional circumstances, such that the
person responsible for the payment of the wages was unable, though exercising reasonable diligence,
to make prompt payment, or
(c) the failure of the employed person to apply for or accept payment.
(3) No Court shall take cognizance of a contravention of section 4 or of section 6 or of a contravention
of any rules made under section 26 except on a complaint made by or with the sanction of an Inspector
under this Act.
1[(3A) No Court shall take cognizance of any offence punishable under sub-section (3) or sub-section
(4) of section 20 except on a complaint made by or with the sanction of an Inspector under this Act.]
(4) In imposing any fine for an offence under sub-section (1) of section 20 the court shall take into
consideration the amount of any compensation already awarded against the accused in any proceedings
taken under section 15.
**STATE AMENDMENTS**
**Karnataka**
**Amendment of section 21.—In section 21 of the principal Act,—**
(1) in sub-section (1), for the words “and the authority empowered under the latter section or the
Appellate Court granting such application”, the words “by the authority or the Appellate Court or the State
Government or any Officer authorised by it in this behalf” shall be substituted;
(2) in sub-section (2) for the words and figures “the authority empowered under section 15 or the
Appellate Court”, the words “the State Government or the officer authorised by it in this behalf” shall be
substituted.
[Vide Karnataka Act 2 of 1977, s. 8]
**Maharashtra**
**Amendment of section 21 of act IV of 1936.—In section 21 of the said Act, in sub-section (2), after**
the words “employed person”, at both the places where they occur, the words “or his legal representative”
shall be inserted.
[Vide Bombay Act XLVIII of 1955, s. 5]
**Amendment of section 21 of Act 21 of 1936.—In section 21 of the said Act,--**
(1) in sub-section (1), for the words “and the authority empowered under the latter section or the
appellate Court granting such applicant” the words “by the authority or the appellate Court and the
State Government or any officer authorised by it in this behalf “ shall be substituted;
(2) in sub-section (2), -
(i) for the words and figures “the authority empowered under section 15 or the appellate Court,
the words “the State Government or the officer authorised by it in this behalf,” shall be substituted.
(ii) for the words “the authority or Court” the words “the State Government or the authorised
office” shall be substituted.
[Vide Bombay Act LXII of 1953, s. 8]
**22. Bar of Suits.—No Court shall entertain any suit for the recovery of wages or of any deduction**
from wages in so far as the sum so claimed—
(a) forms the subject of an application under section 15 which has been presented by the plaintiff
and which is pending before the authority appointed under that section or of an appeal under section
17; or
(b) has formed the subject of a direction under section 15 in favour of the plaintiff; or
(c) has been adjudged, in any proceeding under section 15, not to be owed to the plaintiff; or
(d) could have been recovered by an application under section 15.
1. Ins. by Act 53 of 1964, s.19 (w.e.f. 1-2-1965).
-----
1[22A. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against the Government or any officer of the Government for anything which is in good faith done or
intended to be done under this Act.]
**23. Contracting out.—Any contract or agreement, whether made before or after the commencement**
of this Act, whereby an employed person relinquishes any right conferred by this Act shall be null and void
in so far as it purports to deprive him of such right.
2 [24. Delegation of powers.—The appropriate Government may, by notification in the Official
Gazette, direct that any power exercisable by it under this Act shall, in relation to such matters and subject
to such conditions, if any, as may be specified in the direction, be also exercisable—
(a) where the appropriate Government is the Central Government, by such officer or authority
subordinate to the Central Government or by the State Government or by such officer or authority
subordinate to the State Government, as may be specified in the notification;
(b) where the appropriate Government is a State Government, by such officer or authority
subordinate to the State Government as may be specified in the notification.]
**25. Display by notice of abstracts of the Act.—The person responsible for the payment of wages to**
persons[3][employed in a factory or an industrial or other establishment] shall cause to be[4][displayed in such
factory or industrial or other establishment] a notice containing such abstracts of this Act and of the rules
made thereunder in English and in the language of the majority of the persons employed[5][in the factory or
industrial or other establishment] as may be prescribed.
6[25A. Payment of undisbursed wages in cases of death of employed person.—(1) Subject to the
other provisions of the Act, all amounts payable to an employed person as wages shall, if such amounts
could not or cannot be paid on account of his death before payment or on account of his whereabouts not
being known,—
(a) be paid to the person nominated by him in this behalf in accordance with the rules made under
this Act; or
(b) where no such nomination has been made or where for any reasons such amounts cannot be
paid to the person so nominated, be deposited with the prescribed authority who shall deal with the
amounts so deposited in such manner as may be prescribed.
(2) Where, in accordance with the provisions of sub-section (1), all amounts payable to an employed
person as wages—
(a) are paid by the employer to the person nominated by the employed person, or
(b) are deposited by the employer with the prescribed authority,
the employer shall be discharged of his liability to pay those wages.]
1. Ins. by Act 53 of 1964, s. 20(w.e.f. 1-2-1965).
2. Subs. by Act 41 of 2005, s. 10, for section 24 (w.e.f. 9-11-2005).
3. Subs. by Act 38 of 1982, s. 12, for “employed in a factory” (w.e.f. 15-10-1982).
4. Subs. by s. 12, ibid., for “displayed in such factory” (w.e.f. 15-10-1982).
5. Subs. by s. 12, ibid., for “in the factory” (w.e.f. 15-10-1982).
6. Ins. by s. 13, ibid. (w.e.f. 15-10-1982).
-----
**26. Rule-making power.—(1) [1][Appropriate Government] may make rules to regulate the procedure**
to be followed by the authorities and Courts referred to in sections 15 and 17.
(2) [5][Appropriate Government] may,[2]*** by notification in the Official Gazette, make rules for the
purpose of carrying into effect the provisions of this Act.
(3) In particular and without prejudice to the generality of the foregoing power, rules made under sub
section (2) may—
(a) require the maintenance of such records, registers, returns and notices as are necessary for the
enforcement of the Act [3][, prescribe the form thereof and the particulars to be entered in such registers
or records];
(b) require the display in a conspicuous place or premises where employment is carried on of
notices specifying rates of wages payable to persons employed on such premises;
(c) provide for the regular inspection of the weights, measures and weighing machines used by
employers in checking or ascertaining the wages of persons employed by them;
(d) prescribe the manner of giving notice of the days on which wages will be paid;
(e) prescribe the authority competent to approve under sub-section (1) of section 8 acts and
omissions in respect of which fines may be imposed;
(f) prescribe the procedure for the imposition of fines under section 8 and for the making of the
deductions referred to in section 10;
(g) prescribe the conditions subject to which deduction may be made under the proviso to sub
section (2) of section 9;
(h) prescribe the authority competent to approve the purposes on which the proceeds of fines shall
be expended;
(i) prescribe the extent to which advances may be made and the installments by which they may be
recovered with reference to clause (b) of section 12;
4[(ia) prescribe the extent to which loans may be granted and the rate of interest payable thereon
with reference to section 12A;
(ib) prescribe the powers of Inspectors for the purposes of this Act;]
(j) regulate the scales of costs which may be allowed in proceedings under this Act;
(k) prescribe the amount of court-fees payable in respect of any proceedings under this Act;[5]***
(l) prescribe the abstracts to be contained in the notices required by section 25;[6]***
7[(la) prescribe the form and manner in which nominations may be made for the purposes of sub
section (1) of section 25A, the cancellation or variation of any such nomination, or the making of any
fresh nomination in the event of the nominee predeceasing the person making nomination, and other
matters connected with such nominations;
(lb) specify the authority with whom amounts required to be deposited under clause (b) of sub
section (1) of section 25A shall be deposited, and the manner in which such authority shall deal with
the amounts deposited with it under that clause;]
1[(m) provide for any other matter which is to be or may be prescribed.]
1. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
2. The words “subject to the control of the Governor-General in Council,” omitted by the A.O. 1937.
3. Subs. by Act 53 of 1964, s. 22, for “and prescribed the form thereof” (w.e.f. 1-2-1965).
4. Ins. by Act 53 of 1964, s. 22 (w.e.f. 1-2-1965).
5. The word “and” omitted by Act 53 of 1964, s. 22 (w.e.f. 1-2-1965).
6. The word “and” omitted by Act 38 of 1982, s. 14 (w.e.f. 15-10-1982).
7. Ins. by s. 14, ibid. (w.e.f. 15-10-1982).
-----
(4) In making any rule under this section[1][appropriate Government] may provide that a contravention
of the rule shall be punishable with fine[2][which shall not be less than seven hundred fifty rupees but which
may extend to one thousand five hundred rupees].
(5) All rules made under this section shall be subject to the condition of previous publication, and the
date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall not
be less than three months from the date on which the draft of the proposed rules was published.
1[(6) Every rule made by the Central Government under this section shall be laid, as soon as may be
after it is made before each House of Parliament while it is in session for a total period of thirty days which
may be comprised in one session or in[3][two or more successive sessions,] and if, before the expiry of the
session [4][immediately following the session or the successive sessions aforesaid] both Houses agree in
making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.]
5[(7) All rules made under this section by the State Government shall, as soon as possible after they are
made, be laid before the State Legislature.]
**STATE AMENDMENTS**
**Karnataka**
**Amendment of section 26.—In section 26 of the principal Act in sub-section (3), in clause (k) for the**
words “Court fees”, the words “ad valorem or fixed court fees” shall be substituted.
[Vide Karnataka Act 2 of 1977, s. 9]
**Maharashtra**
**Amendment of section 26 of Act IV of 1936.—In section 26 of the said Act, in sub-section (3),--**
(1) after clause (d) the following shall be inserted, namely:-
“(da) prescribing the manner in which the excess amount of the bonus shall be paid or invested
under section 16;”
(2) in clause (k),—
(a) for the word “court-fees” the words “ad valorem or fixed court-fees” shall be substituted;
(b) the word “and” shall be deleted.
[Vide Bombay Act LXII of 1953, s. 9]
1. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
2. Subs. by s. 11, ibid., for “which may extend to two hundred rupees” (w.e.f. 9-11-2005).
3. Subs. by Act 38 of 1982, s. 14, for “two successive sessions” (w.e.f. 15-10-1982).
4. Subs. by s. 14, ibid., for “in which it is so laid or the session immediately following” (w.e.f. 15-10-1982).
5. Ins. by Act 41 of 2005, s. 11 (w.e.f. 9-11-2005).
-----
|
24-Feb-1937 | 01 | The Agricultural Produce (Grading and Marking) Act, 1937 | https://www.indiacode.nic.in/bitstream/123456789/2403/5/A1937-1.pdf | central | # THE AGRICULTURAL PRODUCE (GRADING AND MARKING) ACT, 1937
_________
# ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title and extent.
2. Explanations.
3. Prescription of grade designations.
3A. Powers of entry, inspection and search.
3B. Powers of the authorised officer to seize agricultural produce.
4. Penalty for unauthorised marking with grade designation mark.
5. Penalty for counterfeiting grade designation mark.
5A. Penalty for selling migraded articles.
5B. Power to prescribe compulsory grade designations in respect of certain articles.
5C. Adjudicating officer.
5D. Appeal.
5E. Recovery.
6. Extension of application of Act.
-----
# THE AGRICULTURAL PRODUCE (GRADING AND MARKING) ACT, 1937
# ACT NO. 1 OF 1937[1]
[24th February, 1937.]
# An Act to provide for the grading and marking of agricultural [2][and other] produce.
WHEREAS it is expedient to provide for the grading and marking of agricultural [2][and other] produce;
It is hereby enacted as follows:
**1. Short title and extent.—(1) This Act may be called the Agricultural Produce (Grading and**
Marking) Act, 1937.
3[(2) It extends to the whole of India 4***.]
**2. Explanations.—In this Act, unless the contrary appears from the subject or context,—**
(a) “agricultural produce” includes all produce of agriculture or horticulture and all articles of
food or drink wholly or partly manufactured from any such produce, and fleeces and the skins of
animals;
(b) “counterfeit” has the meaning assigned to that word by section 28 of the Indian Penal
Code (45 of 1860);
(c) “covering” includes any vessel, box, crate, wrapper, tray or other container;
(d) “grade designation” means a designation prescribed as indicative of the quality of any
scheduled article;
(e) “grade designation mark” means a mark prescribed as representing a particular grade
designation;
(f) “quality”, in relation to any article, includes the state and condition of the article;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “scheduled article” means an article included in the Schedule; [5]***
(i) an article is said to be marked with a grade designation mark, if the article itself is marked with
a grade designation mark or any covering containing or label attached to such article is so marked;
6[(j) an article is said to be migrated if,—
(i) the article is not of the quality prescribed for the grade designation with which it is
marked;
(ii) the composition of the article offered for grading is altered in any way after a sample has
been drawn for analysis and determination of the grade designation of the article in accordance
with the rules made under this Act;
(iii) the article is tampered with in any manner; and
1. The Act has been extended in its application to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965), to
Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963) and to Goa, Daman and Diu by Notifn. No. G.S.R. 679, dated
1-5-1965, Gazette of India, Pt. II, Sec. 3 (i), p. 742.
2. Ins. by Act 13 of 1942, s. 2 (w.e.f. 24-2-1937).
3. Subs. by the A.O. 1948, for sub-section (2).
4. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1960, s. 2 (w.e.f. 27-8-1960).
5. The word “and” omitted by Act 76 of 1986, s. 2 (w.e.f. 15-4-1987).
6. Ins. by s. 2, ibid. (w.e.f. 15-4-1987).
-----
(iv) any false claim is made for the quality prescribed for its grade designation, upon the label
or through advertisement or in any other manner.]
**3. Prescription of grade designations.—** [1] [(1)] The Central Government may, after previous
publication by notification in the Official Gazette, [2][make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—]
(a) fixing grade designations to indicate the quality of any scheduled article;
(b) defining the quality indicated by every grade designation;
(c) specifying grade designation marks to represent particular grade designations;
(d) authorising a person or a body of persons, subject to any prescribed conditions, to mark with a
grade designation mark any article in respect of which such mark has been prescribed or any covering
containing or label attached to any such article;
(e) specifying the conditions referred to in clause (d) including in respect of any article
conditions as to the manner of marking, the manner in which the article shall be packed, the type of
covering to be used, and the quantity by weight, number or otherwise to be included in each covering;
(f) providing for the payment of any expenses incurred in connection with the manufacture or use
of any implement necessary for the reproduction of a grade designation mark or with the manufacture
or use of any covering or label marked with a grade designation mark [3][or with measures for the
control of the quality of articles marked with grade designation marks including testing of samples
and inspection of such articles or with any publicity work carried out to promote the sale of any class
of such articles;] [4]***
(g) providing for the confiscation and disposal of produce marked otherwise than in accordance
with the prescribed conditions with a grade designation mark;
5[(ga) holding inquiry and imposing penalty under sub-section (1) of section 5C;
(gb) preferring appeal under sub-section (1) of section 5D;]
6[(h) any other matter which is required to be, or may be, prescribed.]
7[8[(3)] Every rule made by the Central Government under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.]
1. Section 3 re-numbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
2. Subs. by Act 76 of 1986, s. 3, for “make rules—” (w.e.f. 15-4-1987).
3. Ins. by Act 20 of 1943, s. 2 (w.e.f. 13-8-1943).
4. The word “and” omitted by Act 76 of 1986, s. 3 (w.e.f. 15-4-1987).
5. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 31-7-2024).
6. Ins. by Act 76 of 1986, s. 3 (w.e.f. 15-4-1987).
7. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
8. Sub-section (2) re-numbered as sub-section (3) thereof by Act 76 of 1986, s. 3 (w.e.f. 15-4-1987).
-----
1[3A. Powers of entry, inspection and search.—(1) Any officer of the Central Government or a
State Government or any authority, being an officer of a gazette drank or of equivalent rank, authorised
by the Central government may, if he has reason to believe that any provision of this Act or the rules
made thereunder has been, or is being, contravened, enter any premises at any reasonable time and make
necessary inspection of, and search for, the agricultural produce in relation to which such contravention
has been, or is being, made.
(2) Every authorisation made under sub-section (1) shall be deemed to be a warrant referred to
[in section 93 of the Code of Criminal Procedure, 1973 (2 of 1974).](javascript:fnOpenLinkPopUp('783','16496');)
**3B. Powers of the authorised officer to seize agricultural produce.—(1) An officer authorised**
under sub-section (1) of Section 3A may seize and detain any agricultural produce in relation to which an
offence under this Act or the rules made thereunder is being, or appears to have been, committed, or
which is intended or likely to be used in the commission of such offence:
Provided that where any agricultural produce seized under this sub-section is subject to speedy or
natural decay, the officer so authorised may dispose of such produce in such manner as may be
prescribed.
[(2) The provisions of section 102 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to](javascript:fnOpenLinkPopUp('783','16507');)
every seizure made under this section.]
**4. Penalty for unauthorised marking with grade designation mark.—Whoever marks**
any scheduled article with a grade designation mark, not being authorised to do so by rule made under
section 3, shall be [2][liable to penalty not exceeding five lakh rupees].
**5. Penalty for counterfeiting grade designation mark.—Whoever counterfeits any grade**
designation mark or has in his possession any die, plate or other instrument for the purpose of
counterfeiting a grade designation mark shall be [3][liable to penalty not exceeding fifteen lakh rupees].
4[5A. Penalty for selling migrated articles.—Whoever sells any scheduled article which is migrated
shall be [5][liable to penalty not exceeding three lakh rupees].
**5B. Power to prescribe compulsory grade designations in respect of certain articles.—(1) Where**
the Central Government is of opinion that it is necessary in the public interest or for the protection of
consumers that any scheduled article or class of articles shall not be sold or distributed except after such
article or class of articles is marked with the grade designation mark, it may, by notification in the Official
Gazette, make a declaration to that effect.
(2) Any notification issued under sub-section (1) shall specify the area or areas in relation to which
the notification shall have effect.
(3) Where a notification under sub-section (1) is issued in respect of any area or areas, no person shall
sell or offer to sell or distribute or offer to distribute any scheduled article or class thereof in the area or
areas except in accordance with the provisions of this Act or the rules made thereunder.
(4) Whoever contravenes the provisions of this section shall be [6][liable to penalty not exceeding five
lakh rupees].
1. Ins. by Act 76 of 1986, s. 4 (w.e.f. 15-4-1987).
2. Subs. by Act 18 of 2023, s. 2 and the Schedule for certain words (w.e.f. 31-7-2024).
3. Subs. by s. 2 and the Schedule, ibid., for certain words (31-7-2024).
4. Ins. by Act 76 of 1986, s. 7 (w.e.f. 15-4-1987).
5. Subs. by Act 18 of 2023, s. 2 and the Schedule for certain words (31-7-2024).
6. Subs. by s. 2 and the Schedule, ibid., for certain words (w.e.f. 31-7-2024).
-----
1[5C. Adjudicating officer.—(1) The Central Government may, for the purposes of determining the
penalties under sections 4, 5, 5A and 5B, appoint an officer not below the rank of Deputy Secretary to the
Government of India or an officer not below the rank of Deputy Secretary to the State Government, to be
adjudicating officer to hold an inquiry and impose penalty, in the manner as may be prescribed:
Provided that the Central Government may appoint as many adjudicating officers as may be required.
(2) The adjudicating officer may summon and enforce the attendance of any person acquainted with
the facts and circumstances of the case to give evidence or to produce any document, which in the opinion
of the adjudicating officer, may be useful for, or relevant to, the subject-matter of the inquiry and if, on
such inquiry, he is satisfied that the person concerned has failed to comply with the provisions of
sections 4, 5, 5A and 5B, he may impose penalty:
Provided that no such penalty shall be imposed without giving the person concerned a reasonable
opportunity of being heard in the matter.
**5D. Appeal.—(1) Whoever aggrieved by the order, passed by the adjudicating officer under Section**
5C may prefer an appeal to the Agricultural Marketing Adviser, Government of India within thirty days
from the date of receipt of order in such manner as may be prescribed.
(2) An appeal may be admitted after the expiry of the period of thirty days if the appellant satisfies the
Agricultural Marketing Adviser that he had sufficient cause for not preferring the appeal within that
period.
(3) The Agricultural Marketing Adviser may, after giving the parties to the appeal an opportunity of
being heard, pass such order as he may think fit.
(4) The Agricultural Marketing Adviser referred to in sub-section (1) shall dispose of the appeal
within sixty days from the date of filing.
**5E. Recovery.—Notwithstanding anything contained in this Act, if penalty imposed by the**
adjudicating officer under Section 5C or order of the Agricultural Marketing Adviser under Section 5D,
as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]
**6. Extension of application of Act.—The Central Government, after such consultation as it thinks fit**
of the interests likely to be affected, may by notification in the Official Gazette declare that the provisions
of this Act shall apply to an article of agricultural produce not included in the Schedule [2][or to an article
other than an article of agricultural produce] and on the publication of such notification such article shall
be deemed to be included in the Schedule.
1. Subs. by Act 18 of 2023, s. 2 and the Schedule for section 5C (w.e.f. 31-7-2024).
2. Ins. by Act 13 of 1942, s. 3 (w.e.f. 24-2-1937).
-----
THE SCHEDULE
(See section 2)
1. Fruit.
2. Vegetables.
3. Eggs.
4. Dairy produce.
5. Tobacco.
6. Coffee.
7. Hides and Skins.
8. Fruit products.
9. Atta.
10. Oilseeds.
11. Vegetable oils (including hydrogenated oils and vegetable fats).
12. Cotton.
13. Rice.
14. Lac.
15. Wheat
16. Sann Hemp.
17. Sugarcane gur (Jaggery).
18. Myrobalans.
19. Bura.
20. Wool and Goat Hair.
21. Bristles.
22. Rosin and Turpentine.
23. Arecanuts.
24. Essential Oil.
25. Cashewnut.
26. Cardamom.
27. Pepper.
28. Ginger.
29. Honey.
30. Curry Powder.
31. Kapok.
-----
32. Raw Jute.
33. Paddy.
34. Millets.
35. Mesta.
36. Chilies.
37. Turmeric.
38. Tapioca Chips and Tapioca Flour
39. Sisal and Aloe Fibres.
40. Oil cakes.
41. Condiments and Spices.
(Other than pepper, ginger, cashewnut, cardamom, chillies and turmeric, to which the provisions
of the Act have already been applied.)
42. Pulses.
43. Walnut.
44. Animal casings (cattle, buffaloes, sheep, goats and pigs).
45. Guar Gum.
46. Karaya Gum.
47. Senna Leaves and Pods.
48. Palmyra fibre.
49. Catechu.
50. Tendu Leaves.
51. Water Chest-nut.
52. Mushrooms.
53. Poppy seed.
54. Cashew-shell Oil (Liquid).
55. Beeswax.
56. Gram (Cicer arietinum).
57. Jowar (Sorghum vulgare).
58. Maize (Zea mays).
59. Barley (Hordeum vulgare).
60. Ragi (Eleusio coracana).
61. Bajra (Pennisetum typhoides).
62. Sheekakai powder.
63. Compounded asafoetida.
# —————
-----
|
14-Apr-1937 | 19 | The Arya Marriage Validation Act, 1937 | https://www.indiacode.nic.in/bitstream/123456789/2302/1/A1937-19.pdf | central | # THE ARYA MARRIAGE VALIDATION ACT, 1937
_________
# ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title and extent.
2. Marriage between Arya Samajists not to be invalid.
-----
# THE ARYA MARRIAGE VALIDATION ACT, 1937
ACT NO. 19 OF 1937[1]
[14th April, 1937.]
# An Act to recognise and remove doubts as to the validity of inter-marriages current among Arya
Samajists.
WHEREAS it is expedient to recognise and place beyond doubt the validity of inter-marriages of a
class of Hindus known as Arya Samajists; It is hereby enacted as follows:—
**1. Short title and extent.—(1) This Act may be called the Arya Marriage Validation Act, 1937.**
2 3
[(2) It extends to the whole of India except [the territories which, immediately before the
1st November, 1956, were comprised in Part B States] and applies also to citizens of India wherever they
may be.]
**2. Marriage between Arya Samajists not to be invalid.—Notwithstanding any provision of Hindu**
Law, usage or custom to the contrary no marriage contracted whether before or after the commencement
of this Act between two persons being at the time of the marriage Arya Samajists shall be invalid or shall
be deemed over to have been invalid by reason only of the fact that the parties at any time belonged to
different castes or different sub-castes of Hindus or that either or both of the parties at any time before the
marriage belonged to a religion other than Hinduism.
**———————**
1. This Act has been extended to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I.
2. Subs. by the A.O. 1950, for sub-section (2).
3. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part B States”.
-----
|
7-Oct-1937 | 26 | The Muslim Personal Law (Shariat) Application Act, 1937 | https://www.indiacode.nic.in/bitstream/123456789/2303/1/A1937-26.pdf | central | # THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937
_________
# ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title and extent.
2. Application of Personal Law to Muslims.
3. Power to make a declaration.
4. Rule-making power.
5. [Repealed].
6. Repeals.
1
-----
# THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937
# ACT NO. 26 OF 1937
[7th October, 1937.]
# An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims.
1***
WHEREAS it is expedient to make provision for the application of the Muslim Personal Law (Shariat)
to Muslims[ 1]***; It is hereby enacted as follows:—
**1. Short title and extent.—(1) This Act may be called the Muslim Personal Law (Shariat)**
Application Act, 1937.
(2) It extends to the whole of India [2] [[3]***]. [4]*** [5]
**2. Application of Personal Law to Muslims.—Notwithstanding any custom or usage to the contrary,**
in all questions (save questions relating to agricultural land) regarding intestate succession, special
property of females, including personal properly inherited or obtained under contract or gift or any other
provision of Personal Law. marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and
_mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and_ _wakfs (other than_
charities and charitable institutions and charitable and religious endowments) the rule of decision in cases
where the parties are Muslims shall be the Muslim Personal Law (Shariat).
**STATE AMENDMENTS**
**Kerala.**
**Substitution of a new section for section 2, Central Act 26 of 1937.—For section 2 of the said Act,**
the following section shall be substituted, namely:—
**“2. Application of personal law to Muslims.—Notwithstanding any custom or usage to the**
contrary, in all questions regarding intestate succession, special property of females including personal
property inherited or obtained under contract or gift or any other provision of personal laws, marriage,
dissolution of marriage, including _talaq, ila, zihar, lian, khula and_ _mubaraat, maintenance, dower,_
guardianship, gifts, trusts and trust properties and _wakfs (other than charities and charitable institutions_
and charitable and religious endowments), the rules of decision in cases where the parties are Muslims,
shall be the Muslim Personal Law (Shariat).”
[Vide kerala Act 42 of 1963, s. 3.]
1. The words “in the Provinces of India” omitted by the Adaptation of Laws Order, 1950.
2. Subs. by Act 48 of 1959, s. 3 and the First Schedule for “except the territories which, immediately before the 1st November,
1956, were comprised in Part B States” (w.e.f. 1-2-1960).
3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-102019).
4. The words “excluding the North-West Frontier Province” omitted by the Indian Independence (Adaptation of Central Acts and
Ordinances) Order, 1948.
5. In its application to Pondicherry. In section 1, after sub-section (2), the following shall be inserted—
“Provided that nothing contained in this act shall apply to the Renoncants of the Union territory of
Pondicherry.”—(Vide Act 26 of 1968.)
The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I and to the whole of the Union
territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.
2
-----
**3. Power to make a declaration.—(1) Any person who satisfies the prescribed authority—**
(a) that he is a Muslim, and
(b) that he is competent to contract within the meaning of section 11 of the Indian Contract
Act, 1872 (9 of 1872), and
(c) that he is a resident of [1][the territories to which this Act extends],
may by declaration in the prescribed form and filed before the prescribed authority declare that he desires
to obtain the benefit of [2][the provisions of this section], and thereafter the provisions of section 2 shall
apply to the declarant and all his minor children and their descendants as if in addition to the matters
enumerated therein adoption, wills and legacies were also specified.
(2) Where the prescribed authority refuses to accept a declaration under sub-section (1), the person
desiring to make the same may appeal to such office as the State Government may, by general or special
order, appoint in this behalf, and such officer may, if he is satisfied that the appellant is entitled to make
the declaration, order the prescribed authority to accept the same.
**4. Rule-making power.—(1) The State Government may make rules to carry into effect the purposes**
of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may
provide for all or any of the following matters, namely:—
(a) for prescribing the authority before whom and the form in which declaration under this Act
shall be made;
(b) for prescribing the fees to be paid for the filing of declarations and for the attendance at
private residences of any person in the discharge of his duties under this Act; and for prescribing the
times at which such fees shall be payable and the manner in which they shall be levied.
(3) Rules made under the provisions of this section shall be published, in the Official Gazette and
shall thereupon have effect as if enacted in this Act.
3[(4) Every rule made by the State Government under this Act shall be laid, as soon as it is made,
before the State Legislature.]
**5. [Dissolution of marriage by Court in certain circumstances.]—Rep. by the Dissolution of Muslim**
_Marriages Act, 1939 (8 of 1939), s. 6 (w.e.f. 17-3-1939)._
**6. Repeals.—[4][The under mentioned provisions] of the Acts and Regulations mentioned below shall**
be repealed in so far as they are inconsistent with the provisions of this Act, namely:—
(1) Section 26 of the Bombay Regulation IV of 1827;
(2) Section 16 of the Madras Civil Courts Act, 1873 (3 of 1873);
5* - - -
(4) Section 3 of the Oudh Laws Act, 1876 (18 of 1876);
1. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “a Part A State or a Part C State”.
2. Subs. by Act 16 of 1943, s. 2, for “this Act” (w.e.f. 7-4-1943).
3. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
4. Subs. by Act 16 of 1943, s. 3, for “Provisions” (w.e.f. 7-4-1943).
5. Entry (3) omitted by s. 3, ibid. (w.e.f. 7-4-1943).
3
-----
(5) Section 5 of the Punjab Laws Act, 1872 (4 of 1872);
(6) Section 5 of the Central Provinces Laws Act, 1875 (20 of 1875); and
(7) Section 4 of the Ajmere Laws Regulation, 1877 (3 of 1877).
**———————**
4
-----
|
26-Feb-1938 | 04 | The Insurance Act, 1938 | https://www.indiacode.nic.in/bitstream/123456789/2304/1/a1938-04.pdf | central | # THE INSURANCE ACT, 1938
______
ARRANGEMENT OF SECTIONS
_____
PART I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
2A. Interpretation of certain words and expressions.
2B. Appointment of Controller of Insurance.
PART II
PROVISIONS APPLICABLE TO INSURERS
2C. Prohibition of transaction of insurance business by certain persons.
2CA. Power of Central Government to apply provisions of this Act to Special Economic
Zones.
2CB. Properties in India not to be insured with foreign insurers except with the permission of
Authority.
2D. Insurers to be subject to this Act while liabilities remain unsatisfied.
2E. [Omitted.].
3. Registration.
3A. Payment of annual fee by insurer.
3B. Certification of soundness of terms of life insurance business.
4. Minimum limits for annuities and other benefits secured by policies of life insurance.
5. Restriction on name of insurer.
6. Requirements as to capital.
6A. Requirements as to capital structure and voting rights and maintenance of registers
beneficial owners of shares.
6AA. [Omitted.].
6B. Provision for securing compliance with requirements relating to capital structure.
6C. [Omitted.].
7. [Omitted.].
8. [Omitted.].
*** Subject to verification and confirmation by the administrative ministry.**
1
-----
SECTIONS
9. [Omitted.].
10. Separation of accounts and funds.
11. Accounts and balance-sheet.
12. Audit.
13. Actuarial report and abstract.
14. Record of policies and claims.
15. Submission of returns.
16. [Omitted.].
17. [Omitted.].
17A. [Omitted.].
18. Furnishing reports.
19. Abstract of proceedings of general meetings.
20. Custody and inspection of documents and supply of copies.
21. Powers of Authority regarding returns.
22. Powers of Authority to order revaluation.
23. Evidence of documents.
24. [Omitted.].
25. Returns to be published in statutory forms.
26. Alterations in the particulars furnished with application for registration to be reported.
INVESTMENT, LOANS AND MANAGEMENT
27. Investment of assets.
27A. Further provisions regarding investments.
27B. Provisions regarding investments of assets of insurer carrying general insurance business.
27C. Investment by insurer in certain cases.
27D. Manner and conditions of investment.
27E. Prohibition for investment of funds outside India.
28. Statement and return of investment of assets.
29. Prohibition of loans.
2
-----
SECTIONS
30. Liability of directors, etc., for loss due to contravention of section 27, 27A, 27B, 27C,
27D or section 29.
31. Assets of insurer how to be kept.
31A. Provisions relating to managers, etc.
31B. Power to restrict payment of excessive remuneration.
32. [Omitted.].
32A. Prohibition of common officers and requirement as to whole-time officers.
32B. Insurance business in rural and social sectors.
32C. Obligations of insurer in respect of rural or unorganised sector and backward classes.
32D. Obligation of insurer in respect of insurance business in third party risks of motor
vehicles.
INVESTIGATION
33. Power of investigation and inspection by Authority.
APPOINTMENT OF STAFF
33A. Power to appoint staff.
POWER TO ISSUE DIRECTIONS
34. Power of the Authority to issue directions.
CONTROL OVER MANAGEMENT
34A. Amendment of provisions relating to appointments of managing directors, etc., to be
subject to previous approval of the Controller.
34B. Power of Authority to remove managerial persons from office.
34C. Power of Authority to appoint additional directors.
34D. Sections 34B and 34C to override other laws.
34E. Further powers.
34F. Power of Authority to issue directions regarding re-insurance treaties, etc.
34G. Power of Authority to order closure of foreign branches.
34H. Search and seizure.
3
-----
AMALGAMATION AND TRANSFER OF INSURANCE BUSINESS
SECTIONS
35. Amalgamation and transfer of insurance business.
36. Sanction of amalgamation and transfer by Controller.
37. Statements required after amalgamation and transfer.
37A. Power of Authority to prepare Scheme of Amalgamation.
ASSGNMENT OR TRANSFER OF POLICIES AND NOMINATIONS
38. Assignment and transfer of insurance policies.
39. Nomination by policy-holder.
COMMISSION AND REBATES AND LICENSING OF AGENTS
40. Prohibition of payment by way of commission or otherwise for procuring business.
40A. [Omitted.].
40B. Limitation of expenses of management in life insurance business.
40C. Limitation of expenses of management in general insurance business.
41. Prohibition of rebates.
42. Appointment of insurance agents.
42A. Prohibition of insurance business through principal agent, special agent and multilevel
marketing.
42D. Issue of registration to intermediary or insurance intermediary.
42E. Commission, brokerage or fee payable to intermediary or insurance intermediary.
43. Register of insurance agents.
44. [Omitted.].
44A. Power to call for information.
SPECIAL PROVISIONS OF LAW
45. Policy not to be called in question on ground of mis-statement after two years.
46. Application of the law in force in India to policies issued in India.
47. Payment of money into Court.
47A. [Omitted.].
48. [Omitted.].
48A. Insurance agent or intermediary or insurance intermediary not to be director in insurance
company.
4
-----
SECTIONS
48B. Further provision regarding directors.
48C. [Omitted.].
49. Restriction On dividends and bonuses.
50. Notice of options available to the assured on the lapsing of a policy.
51. Supply of copies of proposals and medical reports.
52. Prohibition of business of dividing principle.
MANAGEMENT BY ADMINISTRATOR
52A. When Administrator for management of insurance business may be appointed.
52B. Powers and duties of the Administrator.
52BB. Powers of Administrator respecting property liable to attachment under section 106.
52C. Cancellation of contracts and agreements.
52D. Termination of appointment of Administrator.
52E. Finality of decision appointing Administrator.
52F. Penalty for withholding documents or property from Administrator.
52G. Protection of action taken under sections 52A to 52D.
ACQUISITION OF THE UNDERTAKINGS OF INSURERS IN CERTAIN CASES
52H. [Omitted.].
52-I. [Omitted.].
52J. [Omitted.].
52K. [Omitted.].
52L. [Omitted.].
52M. [Omitted.].
52N. [Omitted.].
WINDING UP
53. Winding up by the Court.
53A. Unpaid-up share capital.
54. Voluntary winding up.
55. Valuation of liabilities.
5
-----
SECTIONS
56. Application of surplus assets of life insurance fund in liquidation or insolvency.
57. Winding up of secondary companies.
58. Schemes for partial winding up of insurance companies.
59. [Omitted.].
60. Notice of policy values.
61. Power of Court to reduce contracts of insurance.
61A. Appeal to National Company Law Appellate Tribunal.
SPECIAL PROVISIONS RELATING TO EXTERNAL COMPANIES
62. Power of Central Government to impose reciprocal disabilities on non-Indian companies.
63. Particulars to be filed by insurers established outside India.
64. Books to be kept by insurers established outside India.
PART IIA
LIFE INSURANCE COUNCIL AND GENERAL INSURANCE COUNCIL AND
COMMITTEES THEREOF
64A. [Omitted.].
64B. [Omitted.].
64C. Councils of Life Insurance and General Insurance.
64D. Authorisation to represent in Councils.
64E. Authorities of the Life Insurance Council and the General Insurance Council.
64F. Executive Committees of the Life Insurance Council and the General Insurance Council.
64G. Resignation and filling up of casual vacancies.
64H. Duration and dissolution of Executive Committees.
64-I. [Omitted.].
64J. Functions of Executive Committee of Life Insurance Council.
64K. Executive Committee of Life Insurance Council may advise in controlling expenses.
64L. Functions of Executive Committee of General Insurance Council.
64M. Executive Committee of General Insurance Council may advise in controlling expenses.
64N. Power of the Executive Committees to act together in certain cases.
6
-----
SECTIONS
64-O. [Omitted.].
64P. [Omitted.].
64Q. [Omitted.].
64R. General power of Life Insurance Council and General Insurance Council.
64S. [Omitted.].
64T. [Omitted.].
PART IIB
TARIFF ADVISORY COMMITTEE AND CONTROL OF TARIFF RATES
64U. Establishment of Tariff Advisory Committee.
64UA. Composition of the Advisory Committee.
64UB. Power to make rules in respect of matters in this Part.
64UC. Power of the Advisory Committee to regulate rates, advantages, etc.
64UD. Transitional provisions.
64UE. Power of the Advisory Committee require information, etc.
64UF. Assets and liabilities of the General Insurance Council to vest in the Advisory
Committee.
64UG. Contracts, etc., to be effective by or against the Advisory Committee.
64UH. Employees, etc., to continue.
64UI. Duty of person having custody or control of property to deliver such property to the
Advisory Committee.
64UJ. Power of the Advisory Committee to constitute Regional Committees.
64UK. Levy of fees by the Advisory Committee.
64UL. Power of remove difficulties.
64ULA. Transitional provisions.
64UM. Licensing of surveyors and loss assessors.
PART IIC
SOLVENCY MARGIN, ADVANCE PAYMENT OF PREMIUM AND RESTRICTIONS
ON THE OPENING OF A NEW PLACE OF BUSINESS
64V. Assets and liabilities how to be valued.
7
-----
SECTIONS
64VA. Sufficiency of assets.
64VB. No risk to be assumed unless premium is received in advance.
64VC. Restrictions on the opening of a new place of business.
[Omitted.].
65. [Omitted.].
65A. [Omitted.].
66. [Omitted.].
67. [Omitted.].
68. [Omitted.].
69. [Omitted.].
70. [Omitted.].
70A. [Omitted.].
70B. [Omitted.].
71. [Omitted.].
72. [Omitted.].
73. [Omitted.].
73A. [Omitted.].
74. [Omitted.].
75. [Omitted.].
76. [Omitted.].
77. [Omitted.].
78. [Omitted.].
79. [Omitted.].
80. [Omitted.].
81. [Omitted.].
82. [Omitted.].
83. [Omitted.].
8
-----
SECTIONS
84. [Omitted.].
85. [Omitted.].
86. [Omitted.].
87. [Omitted.].
87A. [Omitted.].
88. [Omitted.].
89. [Omitted.].
90. [Omitted.].
90A. [Omitted.].
91. [Omitted.].
92. [Omitted.].
93. [Omitted.].
94. [Omitted.].
94A. [Omitted.].
95. [Omitted.].
96. [Omitted.].
97. [Omitted.].
98. [Omitted.].
98A. [Omitted.].
99. [Omitted.].
100. [Omitted.].
101. [Omitted.].
[Omitted.].
[Omitted.].
PART IVA
RE-INSURANCE
101A. Re-insurance with Indian re-insurers.
101B. Advisory Committee.
101C. Examination of re-insurance treaties.
9
-----
PART V
MISCELLANEOUS
SECTIONS
102. Penalty for default in complying with, or act in contravention of this Act.
103. Penalty for carrying on insurance business in contravention of sections 3.
104. Penalty for contravention of sections 27, 27A, 27B, 27D and 27E.
105. Wrongfully obtaining or withholding property.
105A. Offences by companies.
105B. Penalty for failure to comply with sections 32B, 32C and 32D.
105C. Power to adjudicate.
105D. Factors to be taken into account by the adjudicating officer.
106. Power of Court to order restoration of property of insurer or compensation in certain
cases.
106A. Notice to and hearing of Authority.
107. [Omitted.].
107A. Chairman, etc., to be public servants.
108. Power of Court to grant relief.
109. Cognizance of offences.
110. Appeal to Securities Appellate Tribunal.
110A. Delegation of powers and duties of Chairperson of the Authority.
110B. Signature of documents.
110C. Power to call for information.
110D. Certain claims for compensation barred.
110E. [Omitted.].
110F. Provisions applicable to state Governments, etc.
110G. [Omitted.].
110H. [Omitted.].
110HA. Penalty to be recoverable as arrear of land revenue.
10
-----
SECTIONS
111. Service of notices.
112. Declaration of interium bonuses.
113. Acquisition of surrender value by policy.
114. Power of Central Government to make rules.
114A. Power of Authority to make regulations.
115. Alteration of forms.
116. Power to exempt from certain requirements.
116A. Summary of returns to be published.
117. Saving of provisions of Indian Companies Act, 2013.
118. Exemptions.
118A. Powers of Authority not to apply to International Financial Services Centre.
119. Inspection and supply of copies of published prospectus, etc.
120. Determination of market value of securities deposited under this Act.
121. [Repealed.].
122. [Repealed.].
123. [Repealed.].
THE FIRST SCHEDULE.—[Omitted.].
THE SECOND SCHEDULE.—[Omitted.].
THE THIRD SCHEDULE.— [Omitted.].
THE FOURTH SCHEDULE.— [Omitted.].
THE FIFTH SCHEDULE.— [Omitted.].
THE SIXTH SCHEDULE.—
PART A. — TERMS DEEMED TO BE INCLUDED IN EVERY CONTRACT BETWEEN AN
INSURER CARRYING ON GENERAL INSURANCE BUSINESS AND A PRINCIPAL
AGENT.
PART B. —TERMS DEEMED TO BE INCLUDED IN EVERY CONTRACT BETWEEN AN
INSURER CARRYING ON LIFE INSURANCE BUSINESS AND A CHIEF AGENT.
PART C. —TERMS DEEMED TO BE INCLUDED INEVERY CONTRACT BETWEEN AN
INSURER CARRYING ON LIFE INSURANCE BUSINESS AND A SPECIAL AGENT
OR BETWEEN A CHIEF AGENT AND A SPECIAL AGENT.
11
-----
SECTIONS
THE SEVENTH SCHEDULE. —RULE AS TO THE VALUATION OF THE LIABILITIES OF
AN INSURER IN INSOLVENCY OR LIQUIDATION.
THE EIGHTH SCHEDULE. —PRINCIPLES OF COMPENSATION.
12
-----
*THE INSURANCE ACT, 1938
ACT NO. 4 OF 1938[1]
[26th February, 1938.]
An Act to consolidate and amend the law relating to the business of insurance.
WHEREAS it is expedient to consolidate and amend the law relating to the business of insurance ; It is
hereby enacted as follows: —
PART I
PRELIMINARY
**1. Short title, extent and commencement. — (1) This Act may be called the Insurance Act, 1938.**
2[(2) It extends to the whole of India 3***.]
(3) It shall come into force on such date[4] as the Central Government may, by notification in the
Official Gazette, appoint in this behalf.
**2. Definitions. — In this Act, unless there is anything repugnant in the subject or context, —**
5[(1) “actuary” means an actuary as defined in clause (a) of sub-section (1) of section 2 of the
Actuaries Act, 2006 (35 of 2006);
(1A) “Authority” means the Insurance Regulatory and Development Authority of India
established under sub-section (1) of section 3 of the Insurance Regulatory and Development
Authority Act, 1999 (41 of 1999);]
6[(2) “policy-holder” includes a person to whom the whole of the interest of the policy-holder in
the policy is assigned once and for all, but does not include an assignee thereof whose interest in the
policy is defeasible or is for the time being subject to any condition ;]
7[(3) “approved securities” means—
(i) Government securities and other securities charged on the revenues of the Central
Government or of the Government of a [8]*** State or guaranteed fully as regards principal and
interest by the Central Government, or the Government of any [6]*** State ;
1. The Act has been extended to—
Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule (w.e.f. 15-12-1963); and came into force in
Pondicherry on 1-10-1963, vide Reg. 7 of 1963, s. 3 and the Schedule I; and brought into force in Dadra and Nagar Haveli
(w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the Schedule I; the whole of the Union territory of Lakshadweep (w.e.f. 1-101967) vide Reg. 8 of 1965, s. 3 and the Schedule; and brought into force in the State of Sikkim (w.e.f. 1-7-1975) vide S.O.
274(E), dated 24-6-1975.
2. Subs. by Act 47 of 1950, s. 2, for sub-section (2) (w.e.f. 1-6-1950).
3. The words “except the State of Jammu and Kashmir” omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956).
4. 1st July, 1939: see notification no. 589-(4)/38, dated the 1st April, 1939, Gazette of India, 1939, Pt. I, p. 631.
5. Subs. by Act 5 of 2015, s. 3, for clauses (1) and (1A) (w.e.f. 26-12-2014).
6. Subs. by Act 6 of 1946, s. 2, for clause (2) (w.e.f. 20-3-1946).
7. Subs. by Act 47 of 1950, s. 3, for clause (3) (w.e.f. 1-6-1950).
8. The words “Part A” omitted by the Adaptation of Laws (No. 3) Order, 1956.
*** Subject to verification and confirmation by the administrative ministry.**
13
-----
(ii) debentures or other securities for money issued under the authority of any Central Act or
Act of a State Legislature by or on behalf of a port trust or municipal corporation or city
improvement trust in any presidency-town ;
(iii) shares of a corporation established by law and guaranteed fully by the Central
Government or the Government of a [1]*** State as to the repayment of the principal and the
payment of dividend ;
(iv) securities issued or guaranteed fully as regards principal and interest by the Government
of any Part B State and specified as approved securities for the purposes of this Act by the
Central Government by notification in the Official Gazette ; and
2* - - -
3[Explanation. — In sub-clauses (i) and (iii), “Government of a State” in relation to any
period before the 1st November, 1956, means the Government of a Part A State.]
4[(4) “auditor” means a person qualified under the Chartered Accountants Act, 1949 (38 of 1949),
to act as an auditor of companies;]
5[(4A) “banking company” and “company” shall have the meanings respectively assigned to them
in clauses (c) and (d) of sub-section (1) of section 5 of the Banking Companies Act, 1949 (10 of
1949) [6]***;]
(5) “certified” in relation to any copy or translation of a document required to be furnished by or
on behalf of [7][an insurer or a provident society as defined in Part III] means certified by a principal
officer of [8][such insurer or provident society] to be a true copy or a correct translation, as the case
may be;
9* - - -
[10][(5B) “Controller of Insurance” means the officer appointed by the Central Government under
section 2B to exercise all the powers, discharge the functions and perform the duties of the Authority
under this Act or the Life Insurance Corporation Act, 1956 (31 of 1956) or the General Insurance
Business (Nationalisation) Act, 1972 (57 of 1972) or the Insurance Regulatory and Development
Authority Act, 1999 (41 of 1999);]
(6) “Court” means the principal Civil Court of original jurisdiction in a district, and includes the
High Court in exercise of its ordinary original civil jurisdiction;
1. The word “Part A” omitted by the Adaptation of Laws (No. 3) Order, 1956.
2. Sub-clause (v) omitted by Act 42 of 2002, s. 2 (w.e.f. 23-9-2002).
3. Ins. by The Adaptation of Laws (No. 3) order 1956.
4. Subs. by Act 47 of 1950, s. 3 for clause 4 (w.e.f. 1-6-1950).
5. Ins. by s. 3, ibid, (w.e.f. 1-6-1950).
6. Now renamed as Banking Regulation Act, 1949 (10 of 1949).
7. Subs. by Act 13 of 1941, s. 2, for “an insurer” (w.e.f. 8-4-1941).
8. Subs. by s. 2, ibid, for “the insurer” (w.e.f. 8-4-1941).
9. Clause (5A) omitted by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014).
10. Subs. by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000). Earlier it was inserted by Act 47 of 1950, s. 3
(w.e.f. 1-6-1950).
14
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1[(6A) “fire insurance business” means the business of effecting, otherwise than incidentally to
some other class of insurance business, contracts of insurance against loss by or incidental to fire or
other occurrence customarily included among the risks insured against in fire insurance policies;
(6B) “general insurance business” means fire, marine or miscellaneous insurance business,
whether carried on singly or in combination with one or more of them;]
2[(6C) “health insurance business” means the effecting of contracts which provide for sickness
benefits or medical, surgical or hospital expense benefits, whether in-patient or out-patient travel
cover and personal accident cover;]
3[(7) “Government security” means a Government security as defined in the Public Debt Act,
1944 (18 of 1944);]
4[(7A) “Indian insurance company” means any insurer, being a company which is limited by
shares, and, —
(a) which is formed and registered under the Companies Act, 2013 (18 of 2013) as a public
company or is converted into such a company within one year of the commencement of the
Insurance Laws (Amendment) Act, 2015 (5 of 2015);
5[(b) in which the aggregate holdings of equity shares by foreign investors including portfolio
investors, do not exceed seventy-four per cent. of the paid-up equity capital of such Indian
insurance company, and the foreign investment in which shall be subject to such conditions and
manner, as may be prescribed.]
_Explanation. —For the purposes of this sub-clause, the expression “control” shall include the_
right to appoint a majority of the directors or to control the management or policy decisions
including by virtue of their shareholding or management rights or shareholders agreements or
voting agreements;
(c) whose sole purpose is to carry on life insurance business or general insurance business or
re-insurance business or health insurance business;]
6* - - -
7[(8A) “insurance co-operative society” means any insurer being a co-operative society, —
(a) which is registered on or after the commencement of the Insurance (Amendment) Act,
2002 (42 of 2002), as a co-operative society under the Co-operative Societies Act, 1912 (2 of
1912) or under any other law for the time being in force in any State relating to Co-operative
Societies or under the Multi-State Co-operative Societies Act, 1984 (51 of 1984);
1. Ins. by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950).
2. Ins. by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014).
3. Subs. by Act 47 of 1950, s. 3, for clause (7) (w.e.f. 1-6-1950).
4. Subs. by Act 5 of 2015, s. 3, for clause (7A) (w.e.f. 26-12-2014).
5. Subs. by Act 6 of 2021, s. 2, for sub-clause (b) (w.e.f. 1-4-2021).
6. Clause (8) omitted by s. 3, ibid. (w.e.f. 26-12-2014).
7. Ins. by Act 42 of 2002, s. 2 (w.e.f. 9-8-2002).
15
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1[(b) having a minimum paid-up capital of rupees one hundred crore in case of life insurance
business, general insurance business and health insurance business;]
(c) in which no body corporate, whether incorporated or not, formed or registered outside
India, either by itself or through its subsidiaries or nominees, at any time, holds more than
twenty-six per cent of the capital of such Co-operative Society;
(d) whose sole purpose is to carry on life insurance business or general insurance
business [2][or health insurance business] in India;]
3[(9) “insurer” means—
(a) an Indian Insurance Company, or
(b) a statutory body established by an Act of Parliament to carry on insurance business, or
(c) an insurance co-operative society, or
(d) a foreign company engaged in re-insurance business through a branch established in
India.
_Explanation. —_ For the purposes of this sub-clause, the expression “foreign company” shall
mean a company or body established or incorporated under a law of any country outside India
and includes Lloyd’s established under the Lloyd’s Act, 1871 (United Kingdom) or any of its
Members;]
(10) “insurance agent” means an insurance agent [4]*** [5]*** who receives or agrees to receive
payment by way of commission or other remuneration in consideration of his soliciting or procuring
insurance business [6][including business relating to the continuance, renewal or revival of policies of
insurance];
6[(10A) “investment company” means a company whose principal business is the acquisition of
shares, stocks, debentures or other securities ;]
7 [(10B) “intermediary or insurance intermediary” shall have the meaning assigned to it in
clause (f) of sub-section (1) of section 2 of the Insurance Regulatory and Development Authority
Act, 1999 (41 of 1999);]
8[(11) “life insurance business” means the business of effecting contracts of insurance upon
human life, including any contract whereby the payment of money is assured on death (except death
by accident only) or the happening of any contingency dependent on human life, and any contract
1. Subs. by Act 5 of 2015, s. 3, for sub-clause (b) (w.e.f. 26-12-2014).
2. Ins. by s. 3, ibid. (w.e.f. 26-12-2014).
3. Subs. by s. 3, ibid., for clause (9) (w.e.f. 26-12-2014).
4. The words and figures “licensed under section 42” omitted by s. 3, ibid. (w.e.f. 26-12-2014).
5. The words “being an individual” omitted by Act 35 of 1957, s. 2 (w.e.f. 1-9-1957).
6. Ins. by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950).
7. Ins. by Act 42 of 2002, s. 2 (w.e.f. 23-9-2002).
8. Subs. by Act 47 of 1950, s. 2, for clause (11) (w.e.f. 23-9-2002).
16
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which is subject to payment of premiums for a term dependent on human life and shall be deemed to
include—
(a) the granting of disability and double or triple indemnity accident benefits, if so provided
in the contract of insurance,
(b) the granting of annuities upon human life ; and
(c) the granting of superannuation allowances and [1] [benefit payable out of any fund]
applicable solely to the relief and maintenance of persons engaged or who have been engaged in
any particular profession, trade or employment or of the dependents of such persons ;]
2 [Explanation. — For the removal of doubts, it is hereby declared that “life insurance
business” shall include any unit linked insurance policy or scrips or any such instrument or unit,
by whatever name called, which provides a component of investment and a component of
insurance issued by an insurer referred to in clause (9) of this section.]
3* - - -
4* - - -
5[(13A) “marine insurance business” means the business of effecting contracts of insurance upon
vessels of any description, including cargoes, freights and other interests which may be legally
insured, in or in relation to such vessels, cargoes and freights, goods, wares, merchandise and
property of whatever description insured for any transit by land or water, or both, and whether or not
including warehouse risks or similar risks in addition, or as incidental to such transit, and includes
any other risks customarily included among the risks insured against in marine insurance policies ;
(13B) “miscellaneous insurance business” means the business of effecting contracts of insurance
which is not principally or wholly of any kind or kinds included in clauses (6A), (11) and (13A);]
6
[(13BA) “National Company Law Tribunal” means the National Company Law Tribunal
constituted under section 10FB of [7][the Companies Act, 2013 (18 of 2013)];
(13BB) “National Company Law Appellate Tribunal” means the National Company Law
Appellate Tribunal constituted under sub-section (1) of section 10FR of [7][the Companies Act, 2013
(18 of 2013);]
(14) “prescribed” means prescribed by rules made under [8][this Act]; and
9* - - -
10* - - -
1. Subs. by Act, 5 of 2015, s. 3, for “annuities payable out of any fund” ( w.e.f. 26-12-2014).
2. Ins. by Act 26 of 2010, s. 3 (w.e.f. 9-4-2010).
3. Clause (12) omitted by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014).
4. Clause (13) omitted by s. 3, ibid. (w.e.f. 26-12-2014).
5. Ins. by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950).
6. Ins. by Act 11 of 2003, s. 133 and the Schedule (w.e.f. 1-4-2003).
7. Subs. by Act 5 of 2015, s. 2(b), for “the Companies Act, 1956” (w.e.f. 26-12-2014).
8. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “section 114” (w.e.f. 19-4-2000).
9. Clause (14A) omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956).
10. Clause (15) omitted by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014).
17
-----
(16) “private company” and “public company” have the meanings respectively assigned to them
in [1][clause (68) and clause (72) of section 2 of the Companies Act, 2013 (18 of 2013)];
2 [(16A) “regulations” means the regulations framed by the Insurance Regulatory and
Development Authority of India established under the Insurance Regulatory and Development
Authority Act, 1999 (41 of 1999);
(16B) “re-insurance” means the insurance of part of one insurer’s risk by another insurer who
accepts the risk for a mutually acceptable premium;
(16C) “Securities Appellate Tribunal” means the Securities Appellate Tribunal established
under section 15K of the Securities and Exchange Board of India Act, 1992 (15 of 1992);]
3* - - -
[4][2A. Interpretation of certain words and expressions. — Words and expressions used and not
defined in this Act but defined in the Life Insurance Corporation Act, 1956 (31 of 1956), the General
Insurance Business (Nationalisation) Act, 1972 (57 of 1972) and the Insurance Regulatory and
Development Authority Act, 1999 shall have the meanings respectively assigned to them in those Acts.]
**[5][2B. Appointment of Controller of Insurance. — [6][(1) If at any time, the Authority is superseded**
under sub-section (1) of section 19 of the Insurance Regulatory and Development Authority Act, 1999,
the Central Government may, by notification in the Official Gazette, appoint a person to be the Controller
of Insurance till such time the Authority is reconstituted under sub-section (3) of section 19 of that Act.]
(2) In making any appointment under this section, the Central Government shall have due regard
to the following considerations, namely, whether the person to be appointed has had experience in
industrial, commercial or insurance matters and whether such person has actuarial qualifications.]
PART II
PROVISIONS APPLICABLE TO INSURERS
**7** **[2C. Prohibition of transaction of insurance business by certain persons.** — (1) Save as
hereinafter provided, no person shall, after the commencement of the Insurance (Amendment) Act, 1950
(47 of 1950), begin to carry on any class of insurance business in [8][India] and no insurer carrying on any
class of insurance business in [8][India] shall after the expiry of one year from such commencement,
continue to carry on any such business unless he is—
(a) a public company, or
(b) a society registered under the Co-operative Societies Act, 1912 (2 of 1912), or under any
other law for the time being in force in any State relating to co-operative societies, or
1. Subs. by Act 5 of 2015, s. 3 for “clauses (13) and (13A) of section 2 of the Indian Companies Act, 1913 (7 of 1913)”
(w.e.f. 26-12-2014).
2. Ins. by s. 3, ibid. (w.e.f. 26-12-2014).
3. Clause (17) omitted by s. 3, ibid. (w.e.f. 26-12-2014).
4. Ins. by Act 41 of 1999, s. 30 and the Fifth Schedule (w.e.f. 19-4-2000).
5. Ins. by Act 47 of 1950, s. 5 (w.e.f. 1-6-1950).
6. Subs. by Act 41 of 1999, s. 30 and the Fifth Schedule, for sub-section (1) (w.e.f. 19-4-2000).
7. Ins. by Act 47 of 1950, s. 6 (w.e.f. 1-6-1950).
8. Subs. by Act 62 of 1956, s. 2 the Schedule, for “the States” (w.e.f. 1-11-1956).
18
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(c) a body corporate incorporated under the law of any country outside [1][India] not being of the
nature of a private company :
Provided that the Central Government may, by notification in the Official Gazette, exempt from the
operation of this section to such extent for such period and subject to such conditions as it may specify,
any person or insurer for the purpose of carrying on the business of granting superannuation allowances
and annuities of the nature specified in sub-clause (c) of clause (11) of section 2 or for the purpose of
carrying on any general insurance business :
Provided further that in the case of an insurer carrying on any general insurance business no such
notification shall be issued having effect for more than three year at any one time.
2[Provided also that no insurer other than an Indian insurance company shall begin to carry on any
class of insurance business in India under this Act on or after the commencement of the Insurance
Regulatory and Development Authority Act, 1999 (41 of 1999).]
3[Provided also an insurer, being an Indian Insurance Company, insurance co-operative society or, a
body corporate referred to in clause (c) of this sub-section carrying on the business of insurance,
may carry on any business of insurance in any Special Economic Zone as defined in clause (za) of section
2 of the Special Economic Zones Act, 2005 (28 of 2005).]
(2) Every notification issued under sub-section (1) shall be laid before Parliament as soon as may be
after it is issued.]
4[(3) Notwithstanding anything contained in sub-section (1), an insurance co-operative society may
carry on any class of insurance business in India under this Act on or after the commencement of the
Insurance (Amendment) Act, 2002 (42 of 2002).]
5[2CA. Power of Central Government to apply provisions of this Act to Special Economic
**Zones.—The Central Government may, by notification, direct that any of the provisions of this Act, —**
(a) shall not apply to insurer, being an Indian Insurance Company, insurance co-operative society
or a body corporate referred to in clause (c) of sub-section (1) of section 2C, carrying on the business
of insurance, in any Special Economic Zone as defined in clause (za) of section 2 of the Special
Economic Zones Act, 2005 (28 of 2005); or
(b) shall apply to any insurer, being an Indian Insurance Company, insurance co-operative society
or a body corporate referred to in clause (c) of sub-section (1) of section 2C, carrying on the business
of insurance, in any Special Economic Zone as defined in clause (za) of section 2 of the Special
Economic Zones Act, 2005 (28 of 2005) only with such exceptions, modifications and adaptations as
may be specified in the notification.]
1. Subs. by Act 62 of 1956, s. 2 the Schedule, for “the States” (w.e.f. 1-11-1956).
2. The proviso ins. by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000).
3. The proviso ins. by Act 28 of 2005, s. 57 and the Third Schedule (w.e.f. 10-2-2006).
4. Ins. by Act 42 of 2002, s. 3 (w.e.f. 23-9-2002).
5. Ins. by Act 28 of 2005, s. 57 and the Third Schedule (w.e.f. 10-2-2006).
19
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[1][2CB. Properties in India not to be insured with foreign insurers except with the permission of
**Authority. —(1) No person shall take out or renew any policy of insurance in respect of any property in**
India or any ship or other vessel or aircraft registered in India with an insurer whose principal place of
business is outside India save with the prior permission of the Authority.
(2) If any person contravenes the provision of sub-section (1), he shall be liable to a penalty which
may extend to five crore rupees.]
2[2D. Insurers to be subject to this Act while liabilities remain unsatisfied. — Every insurer shall
be subject to all the provisions of this Act in relation to any class of insurance business so long as his
liabilities in [3][India] in respect of business of that class remain unsatisfied or not otherwise provided for.
**2E. [This Act not to apply to certain insurers, ceasing to enter into new contracts before**
**commencement of Act].—Omitted by the Insurance Laws (Amendment) Act, 2015 (5** _of 2015),_ _s. 5_
(w.e.f. 26-12-2014).
**3. Registration. — (1) No [4][person] shall, after the commencement of this Act, begin to carry on any**
class of insurance business in [3][India] and no insurer carrying on any class of insurance business in
3[India] shall, after the expiry of three months from the commencement of this Act, continue to carry on
any such business, unless he has obtained from the [5][Authority] a certificate of registration [6][for the
particular class of insurance business]:
7[Provided that in the case of an insurer who was carrying on any class of insurance business in
3[India] at the commencement of this Act, failure to obtain a certificate of registration in accordance with
the requirements of this sub-clause shall not operate to invalidate any contract of insurance entered into
by him if before [8][such date as may be fixed in this behalf by the Central Government by notification in
the Official Gazette], he has obtained that certificate.]
9[Provided further that a person or insurer, as the case may be, carrying on any class of insurance
business in India, on or before the commencement of the Insurance Regulatory and Development
Authority Act, 1999, for which no registration certificate was necessary prior to such commencement,
may continue to do so for a period of three months from such commencement or, if he had made an
application for such registration within the said period of three months, till the disposal of such
application:
Provided also that any certificate of registration, obtained immediately before the commencement of
the Insurance Regulatory and Development Authority Act, 1999, shall be deemed to have been obtained
from the Authority in accordance with the provisions of this Act.]
10[(2) Every application for registration shall be made in such manner and shall be accompanied by
such documents as may be specified by the regulations.]
1. Ins. by Act 5 of 2015, s. 4, (w.e.f. 26-12-2014).
2. Sections (2A) and (2B) renumbered as sections (2D) and (2E) thereof by Act 47 of 1950, s. 6 (w.e.f. 1-6-1950).
3. Subs. by Act 62 of 1956, s. 2 the Schedule, for “the States” (w.e.f. 1-11-1956).
4. Subs. by Act 20 of 1940, s. 3, for “insurer” (w.e.f. 10-4-1940).
5. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
6. Ins. by Act 6 of 1946, s. 3 (w.e.f. 20-3-1946).
7. The Proviso Added by Act 20 of 1940, s. 3 (w.e.f. 10-4-1940).
8. Subs. by Act 13 of 1941, s. 3, for “such date as may be fixed in this behalf by the Central Government by notification in the
official Gazette” (w.e.f. 8-4-1941).
9. The proviso ins. by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000).
10. Subs. by Act 5 of 2015, s. 6, for sub-section (2) (w.e.f. 26-12-2014).
20
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1[(2A) If, on receipt of an application for registration and after making such inquiry as he deems
fit, the [2][Authority] is satisfied that—
(a) the financial condition and the general character of management of the applicant are sound;
(b) the volume of business likely to be available to, and the capital structure and earning
prospects of, the applicant will be adequate;
(c) the interests of the general public will be served if the certificate of registration is granted to
the applicant in respect of the class or classes of insurance business specified in the application; and
(d) the applicant has complied with the provisions of sections 2C, [3][5 and 31A] and has fulfilled
all the requirements of this section applicable to him,
the [2][Authority] may register the applicant as an insurer and grant him a certificate of registration.
4[(2AA) The Authority shall give preference to register the applicant and grant him a certificate of
registration if such applicant agrees, in the form and manner as may be specified by the regulations made
by the Authority, to carry on the life insurance business or general insurance business for providing health
cover to individuals or group of individuals.]
(2B) Where the [2][Authority] refuses registration, shall record the reasons for such decision and shall
furnish a copy thereof to the applicant.
5[(2C) Any person aggrieved by the decision of the Authority refusing registration may, within thirty
days from the date on which a copy of the decision is received by him, appeal to the Securities Appellate
Tribunal.]
6* - - -
7[(3) In the case of any insurer having joint venture with a person having its principal place of
business domiciled outside India or any insurer as defined in sub-clause (d) of clause (9) of section 2, the
Authority may withhold registration already made if it is satisfied that in the country in which such person
has been debarred by law or practice of that country to carry on insurance business.
(4) The Authority may suspend or cancel the registration of an insurer either wholly or in so far as it
relates to a particular class of insurance business, as the case may be, —
(a) if the insurer fails, at any time, to comply with the provisions of section 64VA as to the excess
of the value of his assets over the amount of his liabilities, or
(b) if the insurer is in liquidation or is adjudged as an insolvent, or
(c) if the business or a class of the business of the insurer has been transferred to any person or
has been transferred to or amalgamated with the business of any other insurer without the approval of
the Authority, or
1. Ins. by Act 32 of 1965, s. 2 (w.e.f. 29-9-1965).
2. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
3. Subs. by Act 5 of 2015, s. 6, for “5, 31A and 32” (w.e.f. 26-12-2014).
4. Ins. by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000).
5. Subs. by Act 5 of 2015, s. 6, for sub-section (2C) (w.e.f. 26-12-2014).
6. Sub-section (2D) omitted by s. 6, ibid. (w.e.f. 26-12-2014).
7. Subs. by s. 6, ibid., for sub-sections (3), (4), (5) and (5A) (w.e.f. 26-12-2014).
21
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(d) if the insurer makes default in complying with, or acts in contravention of, any requirement of
this Act or of any rule or any regulation or order made or, any direction issued thereunder, or
(e) if the Authority has reason to believe that any claim upon the insurer arising in India under
any policy of insurance remains unpaid for three months after final judgment in regular court of law,
or
(f) if the insurer carries on any business other than insurance business or any prescribed business,
or
(g) if the insurer makes a default in complying with any direction issued or order made, as the
case may be, by the Authority under the Insurance Regulatory and Development Authority Act, 1999
(41 of 1999), or
(h) if the insurer makes a default in complying with, or acts in contravention of, any requirement
of the Companies Act, 2013 (18 of 2013) or the General Insurance Business (Nationalisation)
Act, 1972 (57 of 1972) or the Foreign Exchange Management Act, 1999 (42 of 1999) or the
Prevention of Money Laundering Act, 2002 (15 of 2002), or
(i) if the insurer fails to pay the annual fee required under section 3A, or
(j) if the insurer is convicted for an offence under any law for the time being in force, or
(k) if the insurer being a co-operative society set up under the relevant State laws or, as the case
may be, the Multi-State Co-operative Societies Act, 2002 (39 of 2002), contravenes the provisions of
law as may be applicable to the insurer.
(5) When the Authority suspends or cancels any registration under clause (a), clause (d), clause (e),
clause (f), clause (g) or clause (i) of sub-section (4), it shall give notice in writing to the insurer of its
decision, and the decision shall take effect on such date as it may specify in that behalf in the notice, such
date not being less than one month not more than two months from the date of the receipt of the notice in
the ordinary course of transmission.
(5A) When the Authority suspends or cancels any registration under clause (b), (c), (j) or (k) of
sub-section (4), the suspension or cancellation, as the case may be, shall take effect on the date on which
notice of the order of suspension or cancellation is served on the insurer.]
1[(5B) When a registration is cancelled the insurer shall not, after the cancellation has taken effect,
enter into any new contracts of insurance, but all rights and liabilities in respect of contracts of insurance
entered into by him before such cancellation takes effect shall, subject to the provisions of
sub-section (5D), continue as if the cancellation had not taken place.]
2 [(5C) Where a registration is suspended or cancelled under clause (a), clause (d), clause (e),
clause (f), clause (g) or clause (i) of sub-section (4), the Authority may at its discretion revive the
registration, if the insurer within six months from the date on which the suspension or cancellation took
effect complies with the provisions of section 64VA as to the excess of the value of his assets over the
amount of his liabilities or has had an application under sub-section (4) of section 3A accepted, or
satisfies the Authority that no claim upon him such as is referred to in clause (e) of sub-section (4)
remains unpaid or that he has complied with any requirement of this Act or the Insurance Regulatory and
Development Authority Act, 1999 (41 of 1999), or of any rule or any regulation, or any order made
thereunder or any direction issued under those Acts, or that he has ceased to carry on any business other
than insurance business or any prescribed business, as the case may be, and complies with any directions
which may be given to him by the Authority.]
1. Ins. by Act 20 of 1940, s. 3.
2. Subs. by Act 5 of 2015, s. 6, for sub-section (5C) (w.e.f. 26-12-2014).
22
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1[(5D) Where 2[the registration of an insurance company is cancelled under sub-section (4), the
3[Authority] may,] after the expiry of six months from the date on which the cancellation took effect,
apply to the Court for an order to wind up the insurance company, or to wind up the affairs of the
company in respect of a class of insurance business, unless the registration of the insurance company has
been revived under sub-section (5C) or an application for winding up the company has been
already presented to the Court. The Court may proceed as if an application under this sub-section were an
application under sub-section (2) of section 53, or sub-section (1) of section 58, as the case may be.]
4[(5E) The Authority may, by order, suspend or cancel any registration in such manner as may be
determined by the regulations made by it:
Provided that no order under this sub-section shall be made unless the person concerned has been
given a reasonable opportunity of being heard.]
5* - - -
6[(7) The Authority may, on payment of such fee, not exceeding five thousand rupees, as may be
determined by the regulations, issue a duplicate certificate of registration to replace a certificate lost,
destroyed or mutilated, or in any other case where the Authority is of opinion that the issue of duplicate
certificate is necessary.]
**7[3A. Payment of annual fee by insurer.— (1) An insurer who has been granted a certificate of**
registration under section 3 shall pay such annual fee to the Authority in such manner as may be specified
by the regulations.
(2) Any failure to deposit the annual fee shall render the certificate of registration liable to be
cancelled.]
**8[3B. Certification of soundness of terms of life insurance business.— If, when considering an**
application for registration under section 3 or at any other time, it appears to the [3][Authority] that the
assured rates, advantages, terms and conditions offered or to be offered in connection with life insurance
business are in any respect not workable or sound, it may require that a statement thereof shall be
submitted to an actuary appointed by the insurer for the purpose and approved by the [3][Authority], and
may by order in writing further require the insurer to make within such time as may be specified in the
order such modifications in the said rates, advantages, terms or conditions, as the case may be, as the said
actuary may report to be necessary to enable him to certify that the said rates, advantages, terms and
conditions are workable and sound.]
**9[4. Minimum limits for annuities and other benefits secured by policies of life insurance. —The**
insurer shall pay or undertake to pay on any policy of life insurance or a group policy issued, a minimum
annuity and other benefits as may be determined by regulations excluding any profit or bonus provided
that this shall not prevent an insurer from converting any policy into a paid-up policy of any value or
payment of surrender value of any amount.]
**5. Restriction on name of insurer. — (1) An insurer shall not be registered by a name identical with**
that by which an insurer in existence is already registered, or so nearly resembling that name as to be
1. Ins. by Act 20 of 1940, s. 3.
2. Subs. by Act 6 of 1946, s. 3, for certain words (w.e.f. 20-3-1946).
3. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
4. Ins. by s. 30 and the First Schedule, ibid. (w.e.f. 19-4-2000).
5. Sub-section (6) omitted by Act 32 of 1965, s. 2 (w.e.f. 29-9-1965).
6. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for sub-section (7) (19-4-2000).
7. Subs. by Act 5 of 2015, s. 7, for section 3A (w.e.f. 26-12-2014).
8. Ins. by Act 6 of 1946, s. 4 (w.e.f. 20-3-1946).
9. Subs. by Act 5 of 2015, s. 8, for section 4 (w.e.f. 26-12-2014).
23
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calculated to deceive except when the insurer in existence is in the course of being dissolved and
signifies his consent to the [1][Authority],
(2) If an insurer, through inadvertence or otherwise, is without such consent as aforesaid registered by
a name identical with that by which an insurer already in existence whether previously registered or not is
carrying on business or so nearly resembling it as to be calculated to deceive, the first-mentioned insurer
shall, if called upon to do so by the [1][Authority] on the application of the second-mentioned insurer,
change his name within a time to be fixed by the [1][Authority]:
2* - - -
3* - - -
4[6. Requirement as to capital.— (1) No insurer not being an insurer as defined in sub-clause (d) of
clause (9) of section 2, carrying on the business of life insurance, general insurance, health insurance or
re-insurance in India or after the commencement of the Insurance Regulatory and Development Authority
Act, 1999 (41 of 1999), shall be registered unless he has, —
(i) a paid-up equity capital of rupees one hundred crore, in case of a person carrying on the
business of life insurance or general insurance; or
(ii) a paid-up equity capital of rupees one hundred crore, in case of a person carrying on
exclusively the business of health insurance; or
(iii) a paid-up equity capital of rupees two hundred crore, in case of a person carrying on
exclusively the business as a re-insurer:
Provided that the insurer, may enhance the paid-up equity capital, as provided in this section in
accordance with the provisions of the Companies Act, 2013 (18 of 2013), the Securities and
Exchange Board of India Act, 1992 (15 of 1992) and the rules, regulations or directions issued
thereunder or any other law for the time being in force:
Provided further that in determining the paid-up equity capital, any preliminary expenses incurred
in the formation and registration of any insurer as may be specified by the regulations made under
this Act, shall be excluded.
(2) No insurer, as defined in sub-clause (d) of clause (9) of section 2, shall be registered unless he has
net owned funds of not less than rupees five thousand crore.]
5 [(3) No insurer, being a foreign company engaged in re-insurance business through a branch
established in an International Financial Services Centre referred to in sub-section (1) of section 18 of the
Special Economic Zones Act, 2005 (28 of 2005), shall be registered unless it has net owned funds of not
less than rupees one thousand crore.]
6[6A. Requirements as to capital structure and voting rights and maintenance of registers of
**beneficial owners of shares. — [7][(1) No public company limited by shares having its registered office in**
India, shall carry on life insurance business or general insurance business or health insurance business or
re-insurance business, unless it satisfies the following conditions, namely: —
(i) that the capital of the company shall consist of equity shares each having a single face value
and such other form of capital, as may be specified by the regulations;
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000). Earlier it was substituted by Act 47
of 1950, s. 4, for “Superintendent of Insurance” (w.e.f. 1-6-1950).
2. The provisos omitted by Act 5 of 2015, s. 9 (w.e.f. 26-12-2014).
3. Sub-section (3) omitted by s. 9, ibid. (w.e.f. 26-12-2014).
4. Subs. by s. 10, ibid., for section 6 (w.e.f. 26-12-2014).
5. Ins. by Act 23 of 2019, s. 144 (w.e.f. 01-08-2019).
6. Ins. by Act 47 of 1950, s. 9 (w.e.f. 1-6-1950).
7. Subs. by Act 5 of 2015, s. 11, for sub-section (1) (w.e.f. 26-12-2014).
24
-----
(ii) that the voting rights of shareholders are restricted to equity shares;
(iii) that, except during any period not exceeding one year allowed by the company for payment
of calls on shares, the paid-up amount is the same for all shares, whether existing or new:
Provided that the conditions specified in this sub-section shall not apply to a public company
which has, before the commencement of the Insurance (Amendment) Act, 1950 (47 of 1950), issued
any shares other than ordinary shares each of which has a single face value or any shares, the paid-up
amount whereof is not the same for all of them for a period of three years from such commencement.]
(2) Notwithstanding anything to the contrary contained in any law for the time being in force or in
the memorandum or articles of association but subject to the other provisions contained in this section the
voting right of every shareholder of any public company as aforesaid shall in all cases be strictly
proportionate to the paid-up amount of the [1][equity] shares held by him.
2* - - -
3[(4) A public company as aforesaid which carries on life insurance business, general and health
insurance business and re-insurance business—
(a) shall, in addition to the register of members maintained under the Companies Act, 2013
(18 of 2013), maintain a register of shares in which the name, occupation and address of the
beneficial owner of each share shall be entered including any change of beneficial owner declared to
it within fourteen days from the receipt of such declaration;
(b) shall not register any transfer of its shares—
(i) unless, in addition to compliance being made with the provisions of section 56 of the
Companies Act, 2013 (18 of 2013), the transferee furnishes a declaration in the prescribed form
as to whether he proposes to hold the shares for his own benefit or as a nominee, whether jointly
or severally, on behalf of others and in the latter case giving the name, occupation and address of
the beneficial owner or owners, and the extent of the beneficial interest of each;
(ii) where, after the transfer, the total paid-up holding of the transferee in the shares of the
company is likely to exceed five per cent. of its paid-up capital unless the previous approval of
the Authority has been obtained to the transfer;
(iii) where, the nominal value of the shares intended to be transferred by any individual, firm,
group, constituents of a group, or body corporate under the same management, jointly or
severally exceeds one per cent. of the paid-up equity capital of the insurer, unless the previous
approval of the Authority has been obtained for the transfer.
_Explanation.—For the purposes of this sub-clause, the expressions “group” and “same_
management” shall have the meanings respectively assigned to them in the Competition Act,
2002 (12 of 2003).]
1. Ins. by Act 5 of 2015, s. 11 (w.e.f. 26-12-2014).
2. Subs-section (3) Omitted by s. 11, ibid. (w.e.f. 26-12-2014).
3. Subs. by s. 11, ibid., for sub-section (4) (w.e.f. 26-12-2014).
25
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(5) Every person who has any interest in any share of a company referred to in sub-section (4) which
stands in the name of another person in the register of members of the company, shall, within thirty days
from the commencement of the Insurance (Amendment) Act, 1950, or from the date on which he acquires
such interest, whichever is later, make a declaration in the prescribed form (which shall be countersigned
by the person in whose name the shares is registered) to the company declaring his interest in such share,
and notwithstanding anything contained in any other law or in any contract to the contrary, a person who
fails to make a declaration as aforesaid in respect of any share shall be deemed to have no right or title
whatsoever in that share:
Provided that nothing in this sub-section shall affect the right of a person who has an interest in any
such share to establish in a Court his right thereto, if the person, in whose name the share is registered,
refuses to countersign the declaration as required by this sub-section:
Provided further that where any share, belonging to an individual who has made any such declaration
as is referred to in this sub-section is held by a company in its name in pursuance of any trust or for the
purpose of safe custody or collection or realisation of dividend, such individual shall, notwithstanding
anything contained in [1][the Companies Act, 2013 (18 of 2013)] or in the memorandum or articles of
association of the company which has issued the share, be deemed to be the holder of the said share for
the purpose of exercising any voting rights under this section to the exclusion of any other person.
2* - - -
3* * - -
4* * - -
5* * - -
6* * - -
7[(11) The provisions of this section, 8***, shall, on and from, the commencement of the Insurance
(Amendment) Act, 1968, also apply to insurers carrying on general insurance business subject to the
following modifications, namely: —
(i) that references in sub-sections (1), (3), (5) and (6) to the Insurance (Amendment) Act, 1950,
shall be construed as references to the Insurance (Amendment) Act, 1968; [9]***
10* * - -
11[Explanation] —For the purpose of this section, the holding of a person in the shares of a company
shall be deemed to include—
(i) the total paid-up holding in such shares held by such person in the name of others; and
1. Subs. by Act 5 of 2015, s. 2(a), for “the Indian Companies Act, 1913” (w.e.f. 26-12-2014).
2. Sub-section (6) omitted by, s. 11, ibid. (w.e.f. 26-12-2014).
3. Sub-section (7) omitted by s. 11, ibid. (w.e.f. 26-12-2014).
4. Sub-section (8) omitted by s. 11, ibid. (w.e.f. 26-12-2014).
5. Sub-section (9) omitted by s. 11, ibid. (w.e.f. 26-12-2014).
6. Sub-section (10) omitted by s. 11, ibid. (w.e.f. 26-12-2014).
7. Ins. by Act 62 of 1968, s. 4 (w.e.f. 1-6-1969).
8. The words, brackets and figures “except those of sub-sections (7), (8) and (9)” omitted by Act 5 of 2015, s. 11
(w.e.f. 26-12-2014).
9. The word “and” omitted by s. 11, ibid. (w.e.f. 26-12-2014).
10. Clause (ii) omitted by s. 11, ibid. (w.e.f. 26-12-2014).
11. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Explanation 1 ” (w.e.f.19-4-2000).
26
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(ii) if any shares of the company are held—
(a) by a public limited company, of which such person is a member holding more than ten
per cent of the paid-up capital, or
(b) by a private limited company, of which such person is a member, or
(c) by a company, of which such person is a managing director, manager, [1]*** or in which he
has a controlling interest, or
(d) by a firm in which such person is a partner, or
(e) by such person jointly with others,
such part of the total paid-up holding of the company or firm or of the total joint holding in those shares,
as is proportionate to the contribution made by such person to the paid-up capital of the company, the
paid-up capital of the firm or the joint holding, as the case may be.
2* - - -
**6AA . [Manner of divesting excess shareholding by promoter in certain cases].— Omitted by the**
_Insurance Laws (Amendment) Act, 2015 (5 of 2015), s. 12 (w.e.f. 26-12-2014)._
**6B. Provision for securing compliance with requirements relating to capital structure.—**
(1) For the purpose of enabling any public company carrying on [3][life or general or health insurance or
re-insurance business] to bring its capital structure into conformity with the requirements of section 6A,
an officer appointed on this behalf by the [4][Authority] may, notwithstanding anything contained in [5][the
Companies Act, 2013 (18 of 2013)]: —
(a) examine any scheme proposed for the purpose aforesaid by the directors of the company:
Provided that—
(i) the scheme has been placed before a meeting of the share holders for their opinion and has
been forwarded to the officer together with the opinion of the shareholders thereon, and
(ii) the scheme does not involve any diminution of the liability of the shareholders in respect
of unpaid-up share capital;
(b) invite objections and suggestions in respect of the scheme so proposed; and
(c) after considering such objections and suggestions to the scheme so proposed, sanction it with
such modifications as he may consider necessary or desirable.
(2) Any shareholder or other person aggrieved by the decision of the officer sanctioning a scheme
under sub-section (1) may, within ninety days of date of the order sanctioning the scheme, prefer an
appeal to the [6][Securities Appellate Tribunal] within whose jurisdiction the registered office of the insurer
is situate for the purpose of modifying or correcting any such scheme for the purpose specified in
sub-section (1).
1. The words “managing agent” omitted by Act 5 of 2015, s. 11 (w.e.f. 26-12-2014).
2. Explanation 2 omitted by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000).
3. Subs. by Act 5 of 2015, s. 13, for “life insurance business” (w.e.f. 26-12-2014).
4. Subs. by s. 13, ibid., for “Central Government” (w.e.f. 26-12-2014).
5. Subs. by s. 2, ibid., for “the Indian Companies Act, 1913” (w.e.f. 26-12-2014).
6. Subs. by s. 13, ibid., for “High Court” (w.e.f. 26-12-2014).
27
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(3) The decision of the [1][Securities Appellate Tribunal] where an appeal has been preferred to it under
sub-section (2), or of the officer aforesaid where no such appeal has been preferred, shall be final and
binding on all the shareholders and other persons concerned.
2* - - -
**6C. [Conversion of company limited by shares into company limited by guarantee.]— Omitted**
_by the Insurance Laws (Amendment) Act, 2015 (5 of 2015), s. 14 (w.e.f. 26-12-2014)._
**7. [Deposits.]— Omitted by s. 14, ibid. (w.e.f. 26-12-2014).**
**8. [Reservation of deposits.]— Omitted by s. 14, ibid. (w.e.f. 26-12-2014).**
**9. [Refund of deposit.]— Omitted by, s. 14, ibid. (w.e.f. 26-12-2014).**
**10. Separation of accounts and funds. —** (1) Where the insurer carries on business of more than
one of the [3][following classes, namely, life insurance, fire insurance, marine insurance or miscellaneous
insurance], he shall keep a separate account of all receipts and payments in respect of each such class of
insurance business [4][and where the insurer carries on business of [5][miscellaneous insurance] whether
alone or in conjunction with business of another class, he shall, unless the [6][Authority] waives this
requirement in writing, keep a separate account of all receipts and payments in respect of [7][each of such
sub-classes of miscellaneous insurance business] as may be [8][specified by the regulations]:
Provided that no sub-class of [9][miscellaneous insurance business] shall be prescribed under this
sub-section if the insurance business comprised in the sub-class consist of insurance contracts which are
terminable by the insurer at intervals not exceeding twelve months and under which, if a claim arises, the
insurer's liability to pay benefit ceases within one year of the date on which the claim arose.]
(2) Where the insurer carries on the business of life insurance [10][all receipts due in respect of such
business], shall be carried to and shall form a separate fund to be called the life insurance fund [11][the
assets of which shall, [12]***, be kept distinct and separate from all other assets of the insurer] and the
deposit made by the insurer in respect of life insurance business shall be deemed to be [13][part of the assets
of such fund; [14][and every insurer shall, within the time limited in sub-section (1) of section 15 in regard
to the furnishing of the statements and accounts referred to in section 11, furnish to the Controller a
statement showing in detail such assets as at the close of every calendar year duly certified by an auditor
or by a person qualified to audit [15]***:]
1. Subs. by Act 5 of 2015, s. 13, for “High Court” (w.e.f. 26-12-2014).
2. Sub-section (4) omitted by Act 5 of 2015, s. 13 (w.e.f. 26-12-2014).
3. Subs. by Act 62 of 1968, s. 8, for “classes specified in clause (a), (b), (c) and (d) of sub-section (1) of section 7”
(w.e.f. 1-6-1969).
4. Sub-section (1) Added by Act 13 of 1941, s. 8 (w.e.f. 8-4-1941).
5. Subs. by Act 62 of 1968, s. 8, for “the class specified in clause (d) of that sub-section” (w.e.f. 1-6-1969).
6. Subs. by Act 41of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
7. Subs. by Act 62 of 1968, s. 8, for “each such sub-class of the class specified in clause (d)” (w.e.f. 1-6-1969).
8. Subs. by Act 5 of 2015, s. 15, for “prescribed in this behalf” (w.e.f. 26-12-2014).
9. Subs. by Act 62 of 1968, s. 8, for “the class of insurance business specified in clause (d) of sub-section (1) of section 7” (w.e.f.
1-6-1969).
10. Subs. by Act 13 of 1941, s. 8, for “the excess of receipts over payments in respect of such business” (w.e.f. 8-4-1941).
11. Ins. by Act 6 of 1946, s. 8 (w.e.f. 20-3-1946).
12. The words, brackets and figures, “after the expiry of six months from the commencement of the Insurance (Amendment)
Act, 1946 (6 of 1946)” omitted by Act 5 of 2015, s. 15 (w.e.f. 26-12-2014).
13. Subs. by Act 6 of 1946, s. 8, for “part of such fund” (w.e.f. 20-3-1946).
14. Subs. by Act 47 of 1950, s. 11, for certain words (w.e.f. 1-6-1950).
15. The words “under the law of the insurer's country” omitted by Act 5 of 2015, s. 15 (w.e.f. 26-12-2014).
28
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Provided that such statement shall, in the case of an insurer to whom section 11 applies, be set out as
a part of the balance-sheet mentioned in clause (a) of sub-section (I) of that section:
Provided further that an insurer may show in such statement all the assets held in his life department,
but at the same time showing any deductions on account of general reserves and other liabilities of that
department:
Provided also that the [1][Authority] may call for a statement similarly certified of such assets as at any
other date specified by him to be furnished within a period of three months from the date with reference
to which the statement is called for]].
2[(2A) No insurer carrying on life insurance business shall be entitled to be registered for any class of
insurance business in addition to the class or classes for which he has been already registered unless
the [1][Authority] is satisfied that the assets of the life insurance fund of the insurer are adequate to meet
all his liabilities on policies of life insurance maturing for payment.]
3[(2AA) Where the insurer carries on the business of insurance, all receipts due in respect of each
sub-class of such insurance business shall be carried to and shall form a separate fund, the assets of which
shall be kept separate and distinct from other assets of the insurer and every insurer shall submit to the
Authority the necessary details of such funds as may be required by the Authority from time to time and
such funds shall not be applied directly or indirectly, save as expressly permitted under this Act or
regulations made thereunder.]
(3) The life insurance fund shall be as absolutely the security of the life policy-holders as though it
belonged to an insurer carrying on no other business than life insurance business and shall not be liable
for any contracts of the insurer for which it would not have been liable had the business of the insurer
been only that of life insurance and shall not be applied directly or indirectly [4] *** for any
purposes [5][other than those of the life insurance business of the insurer].
6[11. Accounts and balance-sheet. — (1) Every insurer, on or after the date of the commencement of
the Insurance Laws (Amendment) Act, 2015 (5 of 2015), in respect of insurance business transacted by
him and in respect of his shareholders’ funds, shall, at the expiration of each financial year, prepare with
reference to that year, balance sheet, a profit and loss account, a separate account of receipts and
payments, a revenue account in accordance with the regulations as may be specified.
(2) Every insurer shall keep separate accounts relating to funds of shareholders and policyholders.
(3) Unless the insurer is a company as defined in clause (20) of section 2 of the Companies
Act, 2013 (18 of 2013), the accounts and statements referred to in sub-section (1) shall be signed by the
insurer, or in the case of a company by the chairman, if any, and two directors and the principal officer of
the company, or in case of an insurance cooperative society by the person in charge of the society and
shall be accompanied by a statement containing the names, descriptions and occupations of, and the
directorships held by, the persons in charge of the management of the business during the period to which
such accounts and statements refer and by a report on the affairs of the business during that period.]
1. Subs. by Act 41of 1999, s. 30 and The First Schedule, for “Controller” (w.e.f. 19-4-2000).
2. Ins. by Act 6 of 1946, s. 8 (w.e.f. 20-3-1946).
3. Ins. by Act 5 of 2015, s. 15 (w.e.f. 26-12-2014).
4. The words “save as provided in section 49” omitted by Act 13 of 1941, s. 8 (w.e.f. 8-4-1941).
5. Subs. by s. 8, ibid., for “other than those of life insurance” (w.e.f. 8-4-1941).
6. Subs. by Act 5 of 2015, s. 16, for section 11 (w.e.f. 26-12-2014).
29
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1 [12. Audit.—The balance sheet, profit and loss account, revenue account and profit and loss
appropriation account of every insurer, in respect of all insurance business transacted by him, shall, unless
they are subject to audit under the Companies Act, 2013 (18 of 2013), be audited annually by an auditor,
and the auditor shall in the audit of all such accounts have the powers of, exercise the functions vested in,
and discharge the duties and be subject to the liabilities and penalties imposed on, auditors of companies
by section 147 of the Companies Act, 2013 (18 of 2013).]
**13. Actuarial report and abstract. —** [2][(1) Every insurer carrying on life insurance business shall,
once at least every year cause an investigation to be made by an actuary into the financial condition of the
life insurance business carried on by him, including a valuation of his liabilities in respect thereto and
shall cause an abstract of the report of such actuary to be made in accordance with the regulations:
Provided that the Authority may, having regard to the circumstances of any particular insurer, allow
him to have the investigation made as at a date not later than two years from the date as at which the
previous investigation was made:
Provided further that every insurer, on or after the commencement of the Insurance Regulatory and
Development Authority Act, 1999 (41 of 1999), shall cause an abstract of the report of the actuary to be
made in such manner as may be specified by the regulations.]
(2) The provisions of sub-section (1) regarding the making of an abstract shall apply whenever at any
other time an investigation into the financial condition of the insurer is made with a view to the
distribution of profits or an investigation is made of which the results are made public.
(3) There shall be appended to every such abstract as is referred to in sub-section (1) or
sub-section (2) a certificate signed by the principal officer of the insurer that full and accurate particulars
of every policy under which there is a liability either actual or contingent have been furnished to the
actuary for the purpose of the investigation.
3[(4) There shall be appended to every such abstract a statement prepared in such form and in such
manner as may be specified by the regulations:
Provided that, if the investigation referred to in sub-sections (1) and (2) is made annually by any
insurer, the statement need not be appended every year but shall be appended at least once in every three
years.]
(5) Where an investigation into the financial condition of an insurer is made as at a date other than the
expiration of the year of account, the accounts for the period since the expiration of the last year of
account and the balance-sheet as at the date at which the investigation is made shall be prepared and
audited in the manner provided by this Act.
4[(6) The provisions of this section relating to the life insurance business shall apply also to any such
sub-class of insurance business included in the class “Miscellaneous Insurance” and the Authority may
authorise such modifications and variations of regulations as may be necessary to facilitate their
application to any such sub-class of insurance business:
Provided that, if the Authority is satisfied that the number and amount of the transactions carried out
by an insurer in any such sub-class of insurance business is so small as to render periodic investigation
and valuation unnecessary, it may exempt that insurer from the operation of this sub-section in respect of
that sub-class of insurance business.]
1. Subs. by Act 5 of 2015, s. 17, for section 12 (w.e.f. 26-12-2014).
2. Subs. by s. 18, ibid., for sub-section (1) (w.e.f. 26-12-2014).
3. Subs. by s. 18, ibid., for sub-section (4) (w.e.f. 26-12-2014).
4. Subs. by s. 18, ibid., for sub-section (6) (w.e.f. 26-12-2014).
30
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**1[14. Record of policies and claims.— (1) Every insurer, in respect of all business transacted by him,**
shall maintain—
(a) a record of policies, in which shall be entered, in respect of every policy issued by the insurer,
the name and address of the policyholder, the date when the policy was effected and a record of any
transfer, assignment or nomination of which the insurer has notice;
(b) a record of claims, every claim made together with the date of the claim, the name and address
of the claimant and the date on which the claim was discharged, or, in the case of a claim which is
rejected, the date of rejection and the grounds thereof; and
(c) a record of policies and claims in accordance with clauses (a) and (b) may be maintained in
any such form, including electronic mode, as may be specified by the regulations made under this
Act.
(2) Every insurer shall, in respect of all business transacted by him, endeavour to issue policies above
a specified threshold in terms of sum assured and premium in electronic form, in the manner and form to
be specified by the regulations made under this Act.]
2[15. Submission of returns.— (1) The audited accounts and statements referred to in section 11 or
sub-section (5) of section 13 and the abstract and statement referred to in section 13 shall be printed, and
four copies thereof shall be furnished as returns to the Authority within six months from the end of the
period to which they refer.
(2) Of the four copies so furnished, one shall be signed in the case of a company by the chairman and
two directors and by the principal officer of the company and, if the company has a managing director by
that managing director and one shall be signed by the auditor who made the audit or the actuary who
made the valuation, as the case may be.]
**16. [Returns by insurers established outside India.]—Omitted by the Insurance Laws (Amendment)**
_Act, 2015 (5 of 2015), s. 21 (w.e.f. 26-12-2014)._
**17. [Exemption from certain provisions of [3][the Companies Act, 2013.]—Omitted by s. 21, ibid.**
(w.e.f. 26-12-2014).
**17A. [This Act not to apply to preparation of accounts, etc., for periods prior to this Act coming**
**into force.]— Omitted by** _s. 21, ibid. (w.e.f. 26-12-2014)._
**18. Furnishing reports. —** Every insurer shall furnish to the [4][Authority] a certified copy of every
report on the affairs of the concern which is submitted to the members or policy-holders of the insurer
immediately after its submission to the members or policy-holders, as the case may be.
**19. Abstract of proceedings of general meetings.—** Every insurer, being a company or body
incorporated under any law for the time being in force in [5][India], shall furnish to the [4][Authority]
6 [a certified copy of the minutes of the proceedings of every general meeting, as entered in the
Minutes Book of the insurer] within thirty days from the holding of the meeting to which it relates.
1. Subs. by Act 5 of 2015, s. 19 for section 14 (w.e.f. 26-12-2014).
2. Subs. by s. 20, ibid., for section 15 (w.e.f. 26-12-2014).
3. Subs. by s. 2(a), ibid., for “the Indian Companies Act, 1913” (w.e.f. 26-12-2014).
4. Subs. by Act 41 of 1999, s. 30 and The First Schedule, for “Controller” (w.e.f. 19-4-2000).
5. Subs. by Act 62 of 1956, s. 2 and the Schedule, for “the States” (w.e.f. 1-11-1956).
6. Subs by Act 47 of 1950, s. 14, for “an abstract of the proceedings of every general meeting” (w.e.f. 1-6-1950).
31
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**20. Custody and inspection of documents and supply of copies. — [1][(1) Every return furnished to**
the Authority or certified copy thereof shall be kept by the Authority and shall be open to inspection; and
any person may procure a copy of any such return, or of any part thereof, on payment of such fee as may
be specified by the regulations.]
(2) A printed or certified copy of the accounts, statements and abstract furnished in accordance with
the provisions of section 15 [2]*** shall, on the application of any shareholder or policy-holder made at any
time within two years from the date on which the documents was so furnished, be supplied to him by the
insurer within fourteen days when the insurer is constituted, incorporated or domiciled in [3][India] and in
any other case within one month of such application.
(3) A copy of the memorandum and articles of association of the insurer, if a company shall on the
application of any policy-holder, be supplied to him by the insurer on payment of [4][such fee as may be
specified by the regulations].
**21. Powers of [5][Authority] regarding returns.—** (1) If it appears to the [5][Authority] that any return
furnished to him under the provisions of this Act is inaccurate or defective in any respect, he
may—
(a) require from the insurer such further information, certified if he so directs by an auditor or
actuary, as he may consider necessary to correct or supplement such return;
(b) call upon the insurer to submit for his examination at the principal place of business of the
insurer in [3][India] any book of account, register or other document or to supply any statement
which his may specify in a notice served on the insurer for the purpose;
(c) examine any office of the insurer on oath in relation to the return;
(d) decline to accept any such return unless the inaccuracy has been corrected or the
deficiency has been supplied before the expiry of one month from the date on which the requisition
asking for correction of (he inaccuracy or supply of the deficiency was delivered to the insurer [6][or of
such further time as the [5][Authority] may specify in the requisition] and if him declines to accept any
such return, the insurer shall be deemed to have failed to comply with the provisions of
section 15 [7]*** [8][or section 28] [9][or section 28A] [10][or section 28B or section 64V] relating to the
furnishing of returns.
11[(2) The Securities Appellate Tribunal may, on the application of an insurer and after hearing the
Authority, cancel any order made by the Authority under clause (d) of sub-section (1) or may direct the
acceptance of such a return which the Authority has declined to accept, if the insurer satisfies the Tribunal
that the action of the Authority was in the circumstances unreasonable:
Provided that no application under this sub-section shall be entertained unless it is made before the
expiration of four months from the date when the Authority made the order or declined to accept the
return.]
1. Subs. by Act 5 of 2015, s. 23, for sub-section (1) (w.e.f. 26-12-2014).
2. The words and figures “or section 16” omitted by s. 23, ibid. (w.e.f. 26-12-2014).
3. Subs. by Act 62 of 1956, s. 2 and the Schedule, for “the States” (w.e.f. 1-11-1956).
4. Subs. by 5 of 2015, s. 23, for “one rupee” (w.e.f. 26-12-2014).
5. Subs. by Act 41 of 1999, s. 30 and the Schedule, for “Controller” (w.e.f. 19-4-2000).
6. Ins. by Act 47 of 1950, s. 15 (w.e.f. 1-6-1950).
7. The words and figures “or section 16” omitted by Act 5 of 2015, s. 24 (w.e.f. 26-12-2014).
8. Ins. by Act 6 of 1946, s. 13 (w.e.f. 20-3-1946).
9. Ins. by Act 47of 1950, s. 15 (w.e.f. 1-6-1950).
10. Ins. by Act 6 of 1968, s. 10 (w.e.f. 1-6-1969).
11. Subs. by Act 5 of 2015, s. 24 (w.e.f. 26-12-2014).
32
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**22. Power of** [1][Authority] to order revaluation.—[ 2][(1)] If it appears to the [1][Authority] that an
investigation or valuation to which section 13 refers [3]*** does not properly indicate the condition of the
affairs of the insurer by reason of the faulty basis adopted in the valuation, he may, after giving notice to
the insurer and giving him an opportunity to be heard, cause an investigation and valuation [4][as at such
date as the [1][Authority] may specify] to be made at the expense of the insurer by an actuary appointed by
the insurer for this purpose and approved by the [1][Authority] and [4][and the insurer shall place at the
disposal of the actuary so appointed and approved all the material required by the actuary for the purposes
of the investigation and valuation within such period, not being less than three months, as the [1][Authority]
may specify],
5[(2) The provisions of sub-sections (1) and (4) of section 13, and of sub-sections (I) and (2) of
section 15 [6]***, shall apply in relation to an investigation and valuation under this section:
Provided that the abstract and statement prepared as the result of such investigation and valuation
shall be furnished by such date as the [1][Authority] may specify.]
**23. Evidence of documents.—** (1) Every return furnished to the [1][Authority] which has been
certified by the [1][Authority] to be a return so furnished, shall be deemed to be a return so furnished.
(2) Every document, purporting to be certified by the [1][Authority] to be a copy of a return so
furnished, shall be deemed to be a copy of that return and shall be received in evidence as if it were the
original return, unless some variation between it and the original return is proved.
**24. [Summary of returns to be published].—Omitted by the Insurance** (Amendment) Act, 1941
(13 of 1941), s. 16 (w.e.f. 8-4-1941)].
**25. Returns to be published in statutory forms.—No insurer shall publish in [7][India] any return in a**
form other than that in which it has been furnished to the [1][Authority]:
Provided that nothing contained in this section shall prevent an insurer from publishing a true and
accurate abstract from such returns for the purposes of publicity.
**26. Alterations in the particulars furnished with application for registration to be reported. —**
Whenever any alteration occurs or is made which affects any of the matters which are required under the
provisions of sub-section (2) of section 3 to accompany an application by an insurer for registration, the
insurer shall forthwith furnish to the [1][Authority] full particulars of such alteration. [8][All such particulars
shall be authenticated in the manner required by that sub-section for the authentication of the matters
therein referred to, and, where the alteration affects the assured rates, advantages, terms and conditions
offered in connection with life insurance policies the actuarial certificate referred to in clause (f) of the
said sub-section shall accompany the particulars of the alteration.]
1. Subs. by Act 41 of 1999, s. 30 and the Schedule, for “Controller” (w.e.f. 19-4-2000).
2. Section 22 renumbered as sub-section (1) thereof by Act 6 of 1946, s. 14 (w.e.f. 20-3-1946).
3. The words, brackets, letter and figures “or an abstract of a valuation report furnished under clause (c) of sub-section (2) of
section 16” omitted by Act 5 of 2015 s. 25 (w.e.f. 26-12-2014).
4. Ins. by Act 6 of 1946, s. 14 (w.e.f. 20-3-1946).
5. Added by s. 14, ibid., (w.e.f. 20-3-1946).
6. The words, brackets, letter and figures “or, as the case may be, of sub-section (2) of section 16” omitted by Act 5 of 2015, s. 25
(w.e.f. 26-12-2014).
7. Subs. by Act 62 of 1956, s. 2 and the Schedule, for “the States” (w.e.f. 1-11-1956).
8. Added by Act 13 of 1941, s. 17 (w.e.f. 8-4-1941).
33
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INVESTMENT, LOANS AND MANAGEMENT
**1[27. Investment of assets. —** (1) Every insurer shall invest and at all times keep invested assets
equivalent to not less than the sum of—
(a) the amount of his liabilities to holders of life insurance policies in India on account of matured
claims, and
(b) the amount required to meet the liability on policies of life insurance maturing for payment in
India,
less—
(i) the amount of premiums which have fallen due to the insurer on such policies but have not
been paid and the days of grace for payment of which have not expired, and
(ii) any amount due to the insurer for loans granted on and within the surrender values of policies
of life insurance maturing for payment in India issued by him or by an insurer whose business he has
acquired and in respect of which he has assumed liability in the following manner, namely: —
(a) twenty-five per cent. of the said sum in Government securities, a further sum equal to not
less than twenty-five per cent. of the said sum in Government securities or other approved
securities; and
(b) the balance in any of the approved investments,
as may be specified by the regulations subject to the limitations, conditions and restrictions specified
therein.
(2) In the case of an insurer carrying on general insurance business, twenty per cent. of the assets in
Government Securities, a further sum equal to not less than ten per cent. of the assets in Government
Securities or other approved securities and the balance in any other investment in accordance with the
regulations of the Authority and subject to such limitations, conditions and restrictions as may be
specified by the Authority in this regard.
_Explanation. —In this section, the term “assets” means all the assets of insurer at their carrying value_
but does not include any assets specifically held against any fund or portion thereof in respect of which
the Authority is satisfied that such fund or portion thereof, as the case may be, is regulated by the law of
any country outside India or miscellaneous expenditure or in respect of which the Authority is satisfied
that it would not be in the interest of the insurer to apply the provisions of this section.
(3) For the purposes of sub-sections (1) and (2), any specified assets shall, subject to such conditions,
if any, as may be specified, be deemed to be assets invested or kept invested in approved investments
specified by regulations.
(4) In computing the assets referred to in sub-sections (1) and (2), any investment made with
reference to any currency other than the Indian rupee which is in excess of the amount required to meet
the liabilities of the insurers in India with reference to that currency, to the extent of such excess, shall not
be taken into account:
Provided that nothing contained in this sub-section shall affect the operation of sub-section (2):
Provided further that the Authority may, either generally or in any particular case, direct that any
investment shall, subject to such conditions as may be imposed, be taken into account, in such manner as
may be specified in computing the assets referred to in sub-sections (1) and (2) and where any direction
1. Subs. by Act 5 of 2015, s. 26, for sections 27, 27A, 27B, 27C and 27D (w.e.f. 26-12-2014)
34
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has been issued under this proviso, copies thereof shall be laid before each house of Parliament as soon as
may be after it is issued.
(5) Where an insurer has accepted re-insurance in respect of any policies of life insurance issued by
another insurer and maturing for payment in India or has ceded re-insurance to another insurer in respect
of any such policies issued by himself, the sum referred to in sub-section (1) shall be increased by the
amount of the liability involved in such acceptance and decreased by the amount of the liability involved
in such cession.
(6) The Government securities and other approved securities in which assets are under sub-section (1)
or sub-section (2) to be invested and kept invested shall be held by the insurer free of any encumbrance,
charge, hypothecation or lien.
(7) The assets required by this section to be held invested by an insurer incorporated or domiciled
outside India shall, except to the extent of any part thereof which consists of foreign assets held outside
India, be held in India and all such assets shall be held in trust for the discharge of the liabilities of the
nature referred to in sub-section (1) and shall be vested in trustees resident in India and approved by the
Authority, and the instrument of trust under this sub-section shall be executed by the insurer with the
approval of the Authority and shall define the manner in which alone the subject-matter of the trust shall
be dealt with.
1* - - - *.]
**27A. Further provisions regarding investments.—(1) No insurer carrying on life insurance**
business shall invest or keep invested any part of his controlled fund and no insurer carrying on general
business shall invest or keep invested any part of his assets otherwise than in any of the approved
investments as may be specified by the regulations subject to such limitations, conditions and restrictions
therein.
(2) Notwithstanding anything contained in sub-section (1) or sub-section (2) of section 27, an insurer
may, subject to the provisions contained in the next succeeding sub-sections, invest or keep invested any
part of his controlled fund or assets otherwise than in an approved investment, if—
(i) after such investment, the total amounts of all such investments of the insurer do not exceed
fifteen per cent. of the sum referred to in sub-section (1) of section 27 or fifteen per cent. of the assets
referred to in sub-section (2) as the case may be;
(ii) the investment is made, or, in the case of any investment already made, the continuance of
such investment is with the consent of all the directors present at a meeting and eligible to vote,
special notice of which has been given to all the directors then in India, and all such investments,
including investments in which any director is interested, are reported without delay to the Authority
with full details of the investments and the extent of the director's interest in any such investment.
(3) An insurer shall not out of his controlled fund or assets as referred to in section 27, —
(a) invest in the shares of any one banking company; or
(b) invest in the shares or debentures of any one company,
more than the percentage specified by the regulations.
(4) An insurer shall not out of his controlled fund or assets as referred to in sub-section (2) of
section 27 invest or keep invested in the shares or debentures of any private limited company.
(5) All assets forming the controlled fund or assets as referred to in sub-section (2) of section 27, not
being Government securities or other approved securities in which assets are to be invested or held
1. Explanation omitted by Act 6 of 2021, s. 3 (w.e.f. 1-4-2021).
35
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invested in accordance with this section, shall (except for a part thereof not exceeding one-tenth of the
controlled fund or assets as referred to in sub-section (2) thereof in value which may, subject to such
conditions and restrictions as may be prescribed, be offered as security for any loan taken for purposes of
any investment), be held free of any encumbrance, charge, hypothecation or lien.
(6) If at any time the Authority considers any one or more of the investments of an insurer to be
unsuitable or undesirable, the Authority may, after giving the insurer an opportunity of being heard, direct
him to realise the investment or investments, and the insurer shall comply with the direction within such
time as may be specified in this behalf by the Authority.
(7) Nothing contained in this section shall be deemed to affect in any way the manner in which any
moneys relating to the provident fund of any employee or to any security taken from any employee or
other moneys of a like nature are required to be held by or under any Central Act, or Act of a State
legislature.
_Explanation. —In this section “controlled fund” means—_
(a) in the case of any insurer carrying on life insurance business—
(i) all his funds, if he carries on no other class of insurance business;
(ii) all the funds in India appertaining to his life insurance business if he carries on some
other class of insurance business also.
_Explanation.—For the purposes of sub-clauses (i) and (ii), the fund does not include any fund or_
portion thereof in respect of which the Authority is satisfied that such fund or portion, as the case may
be, is regulated by the law in force of any country outside India or it would not be in the interest of
the insurer to apply the provisions of this section;
(b) in the case of any other insurer carrying on life insurance business—
(i) all his funds in India, if he carries on no other class of insurance business;
(ii) all the funds in India appertaining to his life insurance business if he carries on some
other class of insurance business also; but does not include any fund or portion thereof in respect
of which the Authority is satisfied that such fund or portion thereof, as the case may be, is
regulated by the law of any country outside India or in respect of which the Authority is satisfied
that it would not be in the interest of the insurer to apply the provisions of this section.
**27B. Provisions regarding investments of assets of insurer carrying general insurance**
**business.—(1) All assets of an insurer carrying on general insurance business shall, subject to such**
conditions, if any, as may be prescribed, be deemed to be assets invested or kept invested in approved
investments specified in section 27.
(2) All assets shall (except for a part thereof not exceeding one-tenth of the total assets in value which
may subject to such conditions and restrictions as may be prescribed, be offered as security for any loan
taken for purposes of any investment or for payment of claims, or which may be kept as security deposit
with the banks for acceptance of policies) be held free of any encumbrance, charge, hypothecation or lien.
(3) Without prejudice to the powers conferred on the Authority by sub-section (5) of section 27A
nothing contained in this section shall be deemed to require any insurer to realise any investment made in
conformity with the provisions of sub-section (1) of section 27 after the commencement of the Insurance
(Amendment) Act, 1968 (62 of 1968), which, after the making thereof, has ceased to be an approved
investment within the meaning of this section.
**27C. Investment by insurer in certain cases. —An insurer may invest not more than five per cent.**
in aggregate of his controlled fund or assets as referred to in sub-section (2) of section 27 in the
companies belonging to the promoters, subject to such conditions as may be specified by the regulations.
36
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**27D. Manner and condition of investment. —(1) Without prejudice to anything contained in this**
section, the Authority may, in the interests of the policyholders, specify by the regulations, the time,
manner and other conditions of investment of assets to be held by an insurer for the purposes of this Act.
(2) The Authority may give specific directions for the time, manner and other conditions subject to
which the funds of policyholders shall be invested in the infrastructure and social sector as may be
specified by the regulations and such regulations shall apply uniformly to all the insurers carrying on the
business of life insurance, general insurance, or health insurance or re-insurance in India on or after the
commencement of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999).
(3) The Authority may, after taking into account the nature of business and to protect the interests of
the policyholders, issue to an insurer the directions relating to the time, manner and other conditions of
investment of assets to be held by him:
Provided that no direction under this sub-section shall be issued unless the insurer concerned has been
given a reasonable opportunity of being heard.
**27E. Prohibition for investment of funds outside India.—No insurer shall directly or indirectly**
invest outside India the funds of the policyholders.]
1[28. Statement and return of investment of assets.—Every insurer shall submit to the Authority
returns giving details of investments made, in such form, time and manner including its authentication as
may be specified by the regulations.]
2[29. Prohibition of loans.— (1) No insurer shall grant loans or temporary advances either on
hypothecation of property or on personal security or otherwise, except loans on life insurance policies
issued by him within their surrender value, to any director, manager, actuary, auditor or officer of the
insurer, if a company or to any other company or firm in which any such director, manager, actuary or
officer holds the position of a director, manager, actuary, officer or partner:
Provided that nothing contained in this sub-section shall apply to such loans, made by an insurer to a
banking company, as may be specified by the Authority:
Provided further that nothing in this section shall prohibit a company from granting such loans or
advances to a subsidiary company or to any other company of which the company granting the loan or
advance is a subsidiary company if the previous approval of the Authority is obtained for such loan or
advance.
(2) The provisions of section 185 of the Companies Act, 2013 (18 of 2013) shall not apply to a loan
granted to a director of an insurer being a company, if the loan is one granted on the security of a policy
on which the insurer bears the risk and the policy was issued to the director on his own life, and the loan
is within the surrender value of the policy.
(3) Subject to the provisions of sub-section (1), no insurer shall grant—
(a) any loans or temporary advances either on hypothecation of property or on personal security
or otherwise, except such loans as may be specified by the regulations including the loans sanctioned
as part of their salary package to the full-time employees of the insurer as per the scheme duly
approved by its Board of Directors;
(b) temporary advances to any insurance agent to facilitate the carrying out of his functions as
such except in cases where such advances do not exceed in the aggregate the renewal commission
earned by him during the immediately preceding year.
1. Subs. by Act 5 of 2015, s. 27, for section 28, section 28A and section 28B (w.e.f. 26-12-2014).
2. Subs. by s. 27, ibid., for section 29 (w.e.f. 26-12-2014).
37
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(4) Where any event occurs giving rise to circumstances, the existence of which at the time of grant
of any subsisting loan or advance would have made such grant a contravention of this section, such loan
or advance shall, notwithstanding anything in any contract to the contrary, be repaid within three months
from the occurrence of such event.
(5) In case of default in complying with the provisions of sub-section (4), the director, manager,
auditor, actuary, officer or insurance agent concerned shall, without prejudice to any other penalty which
he may incur, cease to hold office under, or to act for, the insurer granting the loan on the expiry of three
months.]
**1[30. Liability of directors, etc., for loss due to contravention of section 27, 27A, 27B, 27C, 27D**
**or section 29.—If by reason of a contravention of any of the provisions of section 27, 27A, 27B, 27C,**
27D or section 29, any loss is sustained by the insurer or by the policyholders, every director, manager or
officer who is knowingly a party to such contravention shall, without prejudice to any other penalty to
which he may be liable under this Act, be jointly and severally liable to make good the amount of such
loss.]
**31. Assets of insurer how to be kept. — [2][(1) None of the assets in India of any insurer shall, except**
in so far as assets are required to be vested in trustees under sub-section (7) of section 27, be kept
otherwise than in the name of a public officer approved by the Authority, or in the corporate name of the
undertaking, if a company or an insurance co-operative society, as the case may be.]
3[(2) Nothing contained in this section shall be deemed to prohibit the endorsement in favour of a
banking company of any security or other document solely for the purpose of collection or for realisation
of interest, bonus or dividend.]
**4 [31A. Provisions relating to managers, etc.—(1) Notwithstanding anything to the contrary**
contained in [5][the Companies Act, 2013 (18 of 2013)], or in the articles of association of the insurer, if a
company, or in any contract or agreement, no insurer shall after expiry of one year from the
commencement of the Insurance (Amendment) Act, 1950 ( 47 of 1950 ), —
(a) be managed by a company or a firm, or
(b) be directed or managed by, or employ as manager or officer or in any capacity, any person
whose remuneration or any part thereof takes the form of commission or bonus or a share in the
valuation surplus in respect of the life insurance business of the insurer, or
(c) be directed or managed by, or employ as manager or officer or in any capacity, any person
whose remuneration or any part thereof takes the form of commission or bonus in respect of the
general insurance business of the insurer:
Provided that nothing in this sub-section shall be deemed to prohibit —
6[(i) the payment of commission to an insurance agent, in respect of insurance business procured
by or through him;]
7* - - -
1. Subs. by Act 5 of 2015, s. 29, for section 30 (w.e.f. 26-12-2014).
2. Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 26-12-2014).
3. Subs. by Act 47 of 1950, s. 22, for sub-section (2) (w.e.f. 1-6-1950). Earlier ins. by Act 6 of 1946, s. 18 (w.e.f. 20-3-1946).
4. Ins. by Act 47 of 1950, s. 23 (w.e.f. 1-6-1950).
5. Subs. by Act 5 of 2015, s. 2(a), for “the Indian Companies Act, 1913” (w.e.f. 26-12-2014).
6. Subs. by s. 31, ibid., for sub-clause (i) and (ii) (w.e.f. 26-12-2014).
7. Clause (iii) omitted by Act 5 of 2015, s. 31 (w.e.f. 26-12-2014).
38
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(iv) the employment of any individual in a clerical or other subordinate capacity who, as an
insurance agent, receives commission in respect of insurance business procured by him;
(v) the employment as an officer of any individual who receives renewal commission in respect
of life insurance business procured by him in his capacity as an insurance agent or as an employer of
agents before such employment, or before the commencement of the Insurance (Amendment) Act,
1950 ( 47 of 1950 ), whichever is later;
(vi) the payment of a share in the profits of general insurance business;
(vii) the payment of bonus in any year on a uniform basis to all salaried employees or any class of
them by way of additional remuneration [1]***.
(2) Notwithstanding anything to the contrary contained in [2][the Companies Act, 2013 (8 of 2013)], or
in the articles of association of the insurer, being a company, or in any contract or agreement, no
manager, managing director or any other person concerned in the management of an insurer's business
shall be entitled to nominate a successor to his office, and no person so nominated, whether before or
after the commencement of the Insurance (Amendment) Act, 1950 (47 of 1950), shall be entitled to hold
or to continue in such office.
(3) If in the case of any insurance company provision is made by the articles of association of the
company or by an agreement entered into between any person and the company for empowering a
director or manager or other officer of the company to assign his office to any other person, any
assignment of office made in pursuance of the said provision, shall, notwithstanding anything to the
contrary contained in the said provision [3][or in any other law for the time being in force] be void.
(4) No person shall have any right, whether in contract or otherwise, to any compensation for any loss
incurred by reason of the operation of any provision of this section.]
4[31B. Power to restrict payment of excessive remuneration. — No insurer shall in respect of
insurance business transacted by him, shall pay to any person by way of remuneration, whether by way of
commission or otherwise in excess of such sum as may be specified by the regulations.]
**32. [Limitation on employment of managing agents and on the remuneration payable to**
**them]. —Omitted by the Insurance Laws (Amendment) Act, 2015 (5 of 2015), s. 33 (w.e.f. 26-12-2014).**
5[32A. Prohibition of common officers and requirement as to whole-time officers. — (1) A
managing director or other officer of an insurer [6]*** carrying on life insurance business shall not be a
managing director or other officer of any other insurer carrying on life insurance business or of a banking
company or of an investment company:
Provided that the [7][Authority] may permit such managing director or other officer to be a managing
director or other officer of any other insurer carrying on life insurance business for the purpose of
amalgamating the business of the two insurers or transferring the business of one insurer to the other.
8* - - -
1. Certain words omitted by Act 62 of 1968, s. 14.
2. Subs. by Act 5 of 2015, s. 2(a), for “the Indian Companies Act,1913” (w.e.f. 26-12-2014).
3. Subs. by, s. 31, ibid., for “or in section 86B of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 26-12-2014).
4. Subs. by s. 32, ibid., for section 31B (w.e.f. 26-12-2014).
5. Ins. by Act 47 of 1950, s. 24 (w.e.f. 1-6-1950).
6. The words, brackets, letter and figures “specified in sub-clause (b) of clause (9) of section 2 and,” omitted by Act 5 of 2015,
s. 34 (w.e.f. 26-12-2014).
7. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Central Government” (w.e.f. 19-4-2000).
8. Sub-sections (2) and (3) omitted by Act 5 of 2015, s. 34 (w.e.f. 26-12-2014).
39
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1 [32B. Insurance business in **2 [rural and social sectors].—Every insurer shall, after the**
commencement of the Insurance Regulatory and Development Authority Act, 1999, undertake such
percentages of life insurance business and general insurance business in the [2][rural and social sectors], as
may by specified, in the Official Gazette by the Authority, in this behalf.]
**32C. Obligations of insurer in respect of rural or unorganised sector and backward classes. —**
Every insurer shall, after the commencement of the Insurance Regulatory and Development Authority
Act, 1999, discharge the obligations specified under section 32B to provide life insurance or general
insurance policies to the persons residing in the rural sector, workers in the unorganised or informal sector
or for economically vulnerable or backward classes of the society and other categories of persons as may
specified by regulations made by the Authority and such insurance policies shall include insurance for
crops.]
**3[32D. Obligation of insurer in respect of insurance business in third party risks of motor**
**vehicles. —** Every insurer carrying on general insurance business shall, after the commencement of the
Insurance Laws (Amendment) Act, 2015 (5 of 2015), underwrite such minimum percentage of insurance
business in third party risks of motor vehicles as may be specified by the regulations:
Provided that the Authority may, by regulations, exempt any insurer who is primarily engaged in the
business of health, re-insurance, agriculture, export credit guarantee, from the application of this section.]
4[INVESTIGATION
5[33. Power of investigation and inspection by Authority. —(1) The Authority may, at any time, if
it considers expedient to do so by order in writing, direct any person (herein referred to as “Investigating
Officer”) specified in the order to investigate the affairs of any insurer or intermediary or insurance
intermediary, as the case may be, and to report to the Authority on any investigation made by such
Investigating Officer:
Provided that the Investigating Officer may, wherever necessary, employ any auditor or actuary or
both for the purpose of assisting him in any investigation under this section.
(2) Notwithstanding anything to the contrary contained in section 210 of the Companies Act, 2013
(18 of 2013), the Investigating Officer may, at any time, and shall, on being directed so to do by the
Authority, cause an inspection to be made by one or more of his officers of the books of account of any
insurer or intermediary or insurance intermediary, as the case may be, and the Investigating Officer shall
supply to the insurer or intermediary or insurance intermediary, as the case may be, a copy of the report
on such inspection.
(3) It shall be the duty of every manager, managing director or other officer of the insurer including a
service provider, contractor of an insurer where services are outsourced by the insurer, or intermediary or
insurance intermediary, as the case may be, to produce before the Investigating Officer directed to make
the investigation under sub-section (1), or inspection under sub-section (2), all such books of account,
registers, other documents and the database in his custody or power and to furnish him with any statement
and information relating to the affairs of the insurer or intermediary or insurance intermediary, as the case
may be, as the Investigating Officer may require of him within such time as the said Investigating Officer
may specify.
1. Ins. by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000).
2. Subs. by Act 5 of 2015, s. 35, for “rural or social sector” (w.e.f. 26-12-2014).
3. Ins. by, s. 36, ibid. (w.e.f. 26-12-2014).
4. Subs. by Act 25 of 1942, s. 3 and the Second Schedule, for “Inspection”.
5. Subs. by Act 5 of 2015, s. 37, for section 33 (w.e.f. 26-12-2014).
40
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(4) Any Investigating Officer, directed to make an investigation under subsection (1), or inspection
under sub-section (2), may examine on oath, any manager, managing director or other officer of the
insurer including a service provider or contractor where the services are outsourced by the insurer or
intermediary or insurance intermediary, as the case may be, in relation to his business.
(5) The Investigating Officer shall, if he has been directed by the Authority to cause an inspection to
be made, make a report to the Authority on such inspection.
(6) On receipt of any report under sub-section (1) or sub-section (5), the Authority may, after giving
such opportunity to the insurer or intermediary or insurance intermediary, as the case may be, to make a
representation in connection with the report as, in the opinion of the Authority, seems reasonable, by
order in writing, —
(a) require the insurer, to take such action in respect of any matter arising out of the report as the
Authority may think fit; or
(b) cancel the registration of the insurer or intermediary or insurance intermediary, as the case
may be; or
(c) direct any person to apply to the court for the winding up of the insurer or intermediary or
insurance intermediary, as the case may be, if it is a company, whether the registration of the insurer
or intermediary or insurance intermediary, as the case may be, has been cancelled under clause (b) or
not.
(7) The Authority may by the regulations made by it specify the minimum information to be
maintained by insurers or intermediary or insurance intermediary, as the case may be, in their books, the
manner in which such information shall be maintained, the checks and other verifications to be adopted
by insurers or intermediary or insurance intermediary, as the case may be, in that connection and all other
matters incidental thereto as are, in its opinion, necessary to enable the Investigating Officer to discharge
satisfactorily his functions under this section.
_Explanation.— For the purposes of this section, the expression “insurer” shall include in the case of_
an insurer incorporated in India—
(a) all its subsidiaries formed for the purpose of carrying on the business of insurance exclusively
outside India; and
(b) all its branches whether situated in India or outside India.
(8) Any insurer or intermediary or insurance intermediary aggrieved by any order made under this
section may prefer an appeal to the Securities Appellate Tribunal.
(9) All expenses of, and incidental to, any investigation made under this section shall be defrayed by
the insurer or intermediary or insurance intermediary, as the case may be, shall have priority over the
debts due from the insurer and shall be recoverable as an arrear of land revenue.]
1[APPOINTMENT OF STAFF
**33A. Power to appoint staff. —The [2]*** [3][Authority] may appoint such staff, and at such places at it**
or he may consider necessary, for the scrutiny of the returns, statements and information furnished by
1. Ins. by Act 62 of 1968, s. 16 (w.e.f. 1-6-1969).
2. The words “Central Government or the” omitted by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000).
3. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
41
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insurers under this Act and generally to ensure the efficient performance of the functions of
the [1][Authority] under this Act.
POWER TO ISSUE DIRECTIONS
**34. Power of the [1][Authority] to issue directions. —(1) Where the [1][Authority] is satisfied that—**
(a) in the public interest; or
(b) to prevent the affairs of any insurer being conducted in a manner detrimental to the interests
of the policy-holders or in a manner prejudicial to the interests of the insurer; or
(c) generally to secure the proper management of any insurer,
it is necessary to issue directions to insurers generally or to any insurer in particular, he may, from time to
time, issue such directions as he deems fit, and the insurers or the insurer, as the case may be, shall be
bound to comply with such directions:
Provided that no such direction shall be issued to any insurer in particular unless such insurer has
been given a reasonable opportunity of being heard.
(2) The [1][Authority] may, on representation made to him or on his own motion, modify or cancel any
direction issued under sub-section (1), and in so modifying or cancelling any direction, may impose such
conditions as he thinks fit, subject to which the modification or cancellation shall have effect.
CONTROL OVER MANAGEMENT
**34A. Amendment of provisions relating to appointments of managing directors, etc., to be**
**subject to previous approval of the [1][Authority]. — (1) In the case of an insurer, —**
(a) no amendment made after the commencement of the Insurance (Amendment) Act, 1968, of
any provision relating to the appointment, reappointment, termination of appointment or
remuneration of a managing or whole-time director, or of a manager or a chief executive officer, by
whatever name called, whether that provision be contained in the insurer's memorandum or articles
of association, or in an agreement entered into by him, or in any resolution passed by the insurer in
general meeting or by his Board of directors shall have effect unless approved by the [1][Authority];
(b) no appointment, re-appointment or termination of appointment, made after the
commencement of the Insurance (Amendment) Act, 1968, of a managing or whole-time director, or a
manager or a chief executive officer, by whatever name called, shall have effect unless such
appointment, reappointment or termination of appointment is made with the previous approval of the
1[Authority].
_Explanation— For the purposes of this sub-section, any provision conferring any benefit or providing_
any amenity or perquisite, in whatever form, whether during or after the termination of the term of office
of the manager or the chief executive officer, by whatever name called, or a managing or whole-time
director, shall be deemed to be a provision relating to his remuneration.
(2) Nothing contained in sections 268 and 269, the proviso to sub-section (3) of section 309, sections
310 and 311, the proviso to section 387, and section 388 (in so far as section 388 makes the provisions
of sections 310 and 311 apply in relation to the manager of a company) of [2][the Companies Act, 2013
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
2. Subs by Act 5 of 2015, s. 2(b), for “the Companies Act, 1956”, (w.e.f. 26-12-2014).
42
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(18 of 2013)], shall apply to any matter in respect of which the approval of the [1][authority] has to be
obtained under sub-section (1).
(3) No act done by a person as a managing or whole-time director or a director not liable to retire by
rotation or a manager or a chief executive officer, by whatever name called, shall be deemed to be invalid
on the ground that it is subsequently discovered that his appointment or re-appointment had not taken
effect by reason of any of the provisions of this Act; but nothing in this sub-section shall be construed as
rendering valid any act done by such person after his appointment or re-appointment has been shown to
the insurer not to have had effect.
**34B. Power of** **[1][Authority] to remove managerial persons from office. —(1) Where the**
1[Authority] is satisfied that in the public interest or for preventing the affairs of an insurer being
conducted in a manner detrimental to the interests of the policy-holders or for securing the proper
management of any insurer it is necessary so to do, he may, for reasons to be recorded in writing, by
order, remove from office, with effect from such date as may be specified in the order, any director or the
chief executive officer, by whatever name called, of the insurer.
(2) No order under sub-section (1) shall be made unless the director or chief executive officer
concerned has been given a reasonable opportunity of making a representation to the [1][Authority] against
the proposed order:
Provided that if, in the opinion of the [1][Authority], any delay would be detrimental to the interests of
the insurer or his policy-holders, he may, at the time of giving the opportunity aforesaid or at any time
thereafter, by order direct that, pending the consideration of the representation aforesaid, if any, the
director or, as the case may be, chief executive officer, shall not, with effect from the date of such
order, —
(a) act as such director or chief executive officer of the insurer;
(b) in any way, whether directly or indirectly, be concerned with, or take part in, the management
of the insurer.
(3) Where any order is made in respect of a director or chief executive officer of an insurer under
sub-section (1), he shall cease to be a director or, as the case may be, chief executive officer of the insurer
and shall not, in any way, whether directly or indirectly, be concerned with, or take part it, the
management of any insurer for such period not exceeding five years as may be specified in the order.
2
[(4) If any person in respect of whom an order is made by the Authority under
sub-section (1) or under the proviso to sub-section (2), contravenes the provisions of this section, he shall
be liable to a penalty of one lakh rupees for each day during which such contravention continues or
one crore rupees, whichever is less.]
(5) Where an order under subsection (1) has been made, the [1][Authority] may, by order in writing,
appoint a suitable person in place of the director or chief executive officer who has been removed from
his office under that sub-section, with effect from such date as may be specified in the order.
(6) Any person appointed as director or chief executive officer under this section shall—
(a) hold office during the pleasure of the [1][Authority] and subject thereto for a period not
exceeding three years or such farther periods not exceeding three years at a time as the [1][Authority]
may specify;
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
2. Subs. by Act 5 of 2015, s. 38, for sub-section (4) (w.e.f. 26-12-2014).
43
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(b) not insure any obligation or liability by reason only of his being a director or chief executive
officer or for anything done or omitted to be done in good faith in the execution of the duties of his
office or in relation thereto.
(7) Notwithstanding anything contained in any law or in any contract, memorandum or articles of
association, on the removal of a person from office under this section, that person shall not be entitled to
claim any compensation for the loss or termination of office.]
**34C. Power of [1][Authority] to appoint additional directors. — [2][(1) If the Authority is of opinion**
that in the public interest or in the interest of an insurer, or his policy-holders it is necessary so to do, it
may, from time to time, by order in writing, appoint, in consultation with the Central Government with
effect from such date as may be specified in the order, one or more persons to hold office as additional
directors of the insurer:
Provided that the number of additional directors so appointed shall not, at any time, exceed five or
one-third of the maximum strength fixed for the Board by the articles of association of the insurer,
whichever is less.]
(2) Any person appointed as additional director in pursuance of this section, —
(a) shall hold office during the pleasure of the [1][Authority], and subject thereto for a period not
exceeding three years or such further periods not exceeding three years at a time as the [1][Authority]
may specify;
(b) shall not incur any obligation or liability by reason only of his being a director or for anything
done or omitted to be done in good faith in the execution of the duties of his office or in relation
thereto; and
(c) shall not be required to hold qualification shares of the insurer.
(3) For the purpose of reckoning any proportion of the total number of directors of the insurer, any
additional director appointed under this section shall not be taken into account.
**34D. Sections 34B and 34C to override other laws. —Any appointment or removal of a director or**
executive officer in pursuance of section 34B or section 34 C shall have effect notwithstanding anything
the contrary contained in [3][the Companies Act, 2013 (18 of 2013)], or any other law for the time being in
force or any contract or any other instrument.
**34E. Further powers. — The [1][Authority] may, — (a) caution or prohibit insurers, generally or any**
insurer in particular against entering into any particular transaction or class of transactions, and generally
give advice to any insurer;
(b) at any time, if it is satisfied that in the public interest or in the interests of the insurer or for
preventing the affairs of the insurer being conducted in a manner detrimental to the interests of the insurer
or his policy-holders, it is necessary so to do, by order in writing and on such terms and conditions as may
be specified therein, —
(i) require the insurer to call a meeting of his directors for the purpose of considering any matter
relating to or arising out of the affairs of the insurer;
(ii) depute one or more of his officers to watch the proceedings at any meeting of the Board of
directors of the insurer or of any committee or of any other body constituted by it; require the insurer
to give an opportunity to the officers so deputed to be heard at such meetings and also require such
officers to send a report of such proceedings to the [1][Authority];
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
2. Subs. by Act 5 of 2015, s. 39, for sub-section (1) (w.e.f. 26-12-2014).
3. Subs. by s. 2(b), ibid., for “the Companies Act, 1956” (w.e.f. 26-12-2014).
44
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(iii) require the Board of directors of the insurer or any committee or any other body constituted
by it to give in writing to any officer specified by the [1][Authority] in this behalf at his usual address
all notices if, and other communications relating to, any meeting of the Board, committee or other
body constituted by it;
(iv) appoint one or more of his officers to observe the manner in which the affairs of the insurer
or of his offices or branches are being conducted and make a report thereon;
(v) require the insurer to make, within such time as may be specified in the order, such changes in
the management as the [1][Authority] may consider necessary.]
**34F. Power of** **[1][Authority] to issue directions regarding re-insurance treaties, etc. — (1)**
Without prejudice to the generality of the powers conferred by sub-section (1) of section 34, the
1[Authority] may, if he is of opinion that the terms or conditions of any re-insurance treaty or other reinsurance contract entered into by an insurer are not favourable to the insurer or are detrimental to the
public interest, he may, by order, require the insurer to make, at the time when the renewal of such treaty
or contract becomes next due, such modifications in the terms and conditions of such treaty or contract as
he may specify in the order or not to renew such treaty or contract, and, if the insurer fails to comply with
such order, he shall be deemed to have failed to comply with the provisions of this Act.
(2) The [1][Authority] may, if he has reason to believe that an insurer is entering into or is likely to
enter into re-insurance treaties or other re-insurance contracts which are not favourable to the insurer or
are detrimental to the public interest, he may, by order, direct that the insurer shall not enter into such
re-insurance treaty or other re-insurance contract unless a copy of such treaty or contract has been
furnished to him in advance and the terms and conditions thereof have been approved by him and if the
insurer fails to comply with such order he shall be deemed to have failed to comply with the requirements
of this Act.]
**34G. [Power of Controller to order closure of foreign branches.] Omitted by the Insurance Laws**
(Amendment) Act, 2015 (5 of 2015), s. 40 (w.e.f. 26-12-2014)].
**34H. Search and seizure. —(1) Where the** [2][Chairperson of the Authority], in consequence of
information in his possession, has reason to believe that —
(a) any person who has been required under sub-section (2) of section 33 to produce, or cause to
be produced, any books, accounts or other documents in his custody or power has omitted or failed to
produce, or cause to be produced, such books, accounts or other documents, or
(b) Any person to whom a requisition to produce any books, accounts or other documents as
aforesaid has been or might be issued will not, or would not, produce or cause to be produced, any
books, accounts or other documents which will be useful for, or relevant to, an investigation under
sub-section (1) of section 33 or an inspection under sub-section (1A) of that section, or
(c) a contravention of any provision of this Act has been committed or is likely to be committed
by an insurer, or
(d) any claim which is due to be settled by an insurer, has been or is likely to be rejected or
settled at a figure higher than a reasonable amount, or
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
2. Subs. by s. 30 and the First Schedule, [Serial no. 22 (a)], ibid., for “Controller” (w.e.f. 19-4-2000).
45
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(e) any claim which is due to be settled by an insurer, has been or is likely to be rejected or settled
at a figure lower than a reasonable amount, or
(f) any illegal rebate or commission has been paid or is likely to be paid by an insurer, or
(g) any books, accounts, receipts, vouchers, survey reports or other documents, belonging to an
insurer are likely to be tampered with, falsified or manufactured,
he may authorise any subordinate officer of his, not lower in rank than [1][a Deputy Director or an
equivalent officer] (hereafter referred to as the authorised officer) to —
(i) enter and search any building or place where he has reason to suspect that such books, accounts
or other documents, or any books or papers relating to any claim, rebate or commission or any
receipts, vouchers, reports or other documents are kept;
(ii) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising
the powers conferred by clause (i) where the keys thereof are not available;
(iii) seize all or any such books, accounts or other documents, found as a result of such search;
(iv) place marks of identification on such books, accounts or other documents or make or cause to
be made extracts or copies therefrom.
(2) The authorised officer may requisition the services of any police-officer or of any officer of the
Central Government, or of both, to assist hi m for all or any of the purposes specified in sub-section (1)
and it shall be the duty of every such officer to comply with such requisition.
(3) The authorised officer may, where it is not practicable to seize any such book, account or other
document, specified in sub-section (1), serve an order on the person who is in immediate possession or
control thereof that he shall not remove, part with or otherwise deal with it except with the previous
permission of such officer and such officer may take such steps as may be necessary for ensuring
compliance with this sub-section.
(4) The authorised officer may, during the course of the search or seizure, examine on oath any
person who is found to be in possession or control of any books, accounts or other documents, and any
statement made by such person during such examination may thereafter be used in evidence in any
proceeding under this Act.
(5) The books, accounts, papers, receipts, vouchers, reports, or other documents seized under
sub-section (1) shall not be retained by the authorised officer for a period exceeding one hundred and
eighty days from the date of the seizure unless the reasons for retaining the same recorded by hi m in
writing and the approval of the [2][Chairperson of the Authority] for such retention is obtained:
Provided that the [2][Chairperson of the Authority] shall not authorise the retention of the books,
accounts, papers, receipts, vouchers, reports, or other documents for a period exceeding thirty days after
all the proceedings under this Act for which the books, accounts, papers, receipts, vouchers, reports, or
other documents are relevant are completed.
1. Subs. by Act 5 of 2015, s. 41, for “an officer authorised by the Authority” (w.e.f. 26-12-2014).
2. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
46
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(6 ) The person from whose custody and books, accounts, papers, receipts, vouchers, reports, or other
documents are seized under sub-section (1) may make copies thereof, or take extracts therefrom, in the
presence of the authorised officer or any other person empowered by hi m in this behalf at such place and
time as the authorised officer may appoint in this behalf.
(7) If a person legally entitled to the books, accounts, papers, receipts, vouchers, reports or other
documents seized under sub-section (1) objects for any reason to the approval given by the
1[Chairperson of the Authority] under sub-section (5), he may make an application to the 2[Securities
Appellate Tribunal] stating therein the reason for such objection and requesting for the return of the
books, accounts, papers, receipts, vouchers, reports or other documents.
(8) On receipt of the application under sub-section (7), the [2][Securities Appellate Tribunal] may, after
giving the applicant an opportunity of being heard, pass such orders as it thinks fit.
(9) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898) relating to searches and
seizures shall apply, so far as may be, to every search and seizure made under sub-section (1).
(10) The Central Government [3][ may, by notification in the Official Gazette; make rules] in relation to
any search or seizure under this section; in particular, and without prejudice to the generality of the
foregoing power, such rules may provide for the procedure to be followed by the authorised officer, —
(i) for obtaining ingress into such building or place to be searched where free ingress thereto is
not available;
(ii) for ensuring safe custody of any books, accounts, papers, receipts, vouchers, reports, or other
documents seized under this section.]
AMALGAMATION AND TRANSFER OF INSURANCE BUSINESS
**35. Amalgamation and transfer of insurance business.—** [4][(1) Notwithstanding anything contained
in any other law for the time being in force, no insurance business of an insurer shall be transferred to or
amalgamated with the insurance business of any other insurer except in accordance with a scheme
prepared under this section and approved by the Authority.]
(2) Any scheme prepared under this section shall set out the agreement under which the transfer or
amalgamation is proposed to be effected, and shall contain such further provisions as may be necessary
for giving effect to the scheme.
(3) Before an application is made to the [5][Authority] [6][to approve any such scheme] notices of the
intention to make the application together with a statement of the nature of the amalgamation or transfer,
as the case may be, and of the reason therefore shall, at least two months before the application is made,
be sent to the [5][Authority] [7][and certified copies, four in number, of each of the following documents shall
be furnished to the [5][Authority], and other such copies shall] during the two months aforesaid be kept
open for the inspection of the members and policy-holders at the principal and branch offices and chief
agencies of the insurers concerned, namely: —
(a) a draft of the agreement or deed under which it is proposed to effect the amalgamation or
transfer;
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule for [Serial no. 22 (b)] “Controller” (w.e.f. 19-4-2000).
2. Subs. by Act 5 of 2015, s. 41, for “Central Government” (w.e.f. 26-12-2014).
3. Subs. by Act 20 of 1983, s. 2 and the Schedule, for “may make rules” (w.e.f. 15-3-1984).
4. Subs. by Act 5 of 2015, s. 42, for sub-section (1) (w.e.f. 26-12-2014).
5. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
6. Subs. by s. 30 and the First Schedule, ibid., for “to sanction any such scheme” (w.e.f. 19-4-2000).
7. Subs. by Act 13 of 1941, s. 22, for “and certified copies of the following documents shall be furnished to the Central
Government and shall” (w.e.f. 8-4-1941).
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1[(b) balance sheets in respect of the insurance business of each of the insurers concerned in such
amalgamation or transfer, prepared in such forms as may be specified by the regulations;
(c) actuarial reports and abstracts in respect of the life insurance business of each of the insurers
so concerned, prepared in conformity with the regulations specified in this regard.]
(d) a report on the proposed amalgamation or transfer, prepared by an independent actuary who
has never been professionally connected with any of the parties concerned in the amalgamation or
transfer at any time in the five years preceding the date on which he signs his report;
(e) any other reports on which the scheme of amalgamation or transfer was founded.
The balance-sheets, reports and abstracts referred to in clauses (b), (c) and (d) shall be prepared as at the
date at which [2][the amalgamation or transfer if approved] by the [3][Authority] is to take effect, which date
shall not be more than twelve months before the date on which the application to the [3][Authority] is made
under this section:
Provided that if the [3][Authority] so directs in the case of any particular insurer there may be
substituted respectively for the balance-sheet, report and abstract referred to in clauses (b) and (c)
prepared in accordance with this sub-section certified copies of the last balance-sheet and last report and
abstract prepared in accordance with sections 11 and 13 [4][of this Act or sections 7 and 8 of the Indian
Life Assurance Companies Act, 1912 ( 6 of 1912 ),] if that balance-sheet is prepared as at a date not more
than twelve months, and that report and abstract as at a date not more than five years, before the date on
which the application to the [3][Authority] is made under this section].
5* - - -
**6 [36. Sanction of amalgamation and transfer by Authority.—When any application under**
sub-section (3) of section 35 is made to the Authority, the Authority shall cause, a notice of the
application to be given to the holders of any kind of policy of insurer concerned alongwith statement of
the nature and terms of the amalgamation or transfer, as the case may be, to be published in such manner
and for such period as it may direct, and, after hearing the directors and considering the objections of the
policyholders and any other persons whom it considers entitled to be heard, may approve the
arrangement, and shall make such consequential orders as are necessary to give effect to the
arrangement.]
**37. Statements required after amalgamation and transfer.—** Where an amalgamation takes place
between any two or more insurers, or [7][where any business of an insurer is transferred], whether in
accordance with a scheme confirmed by the [3][Authority] or otherwise, the insurer carrying on the
amalgamated business or [8][the person to whom the business is transferred], as the case may be, shall,
within three months from the date of the completion of the amalgamation or transfer, [9] [furnish in
duplicate to the [3][Authority]] —
(a) a certified copy of the scheme, agreement or deed under which the amalgamation or transfer has
been effected, and
1. Subs. by Act 5 of 2015, s. 42, for clauses (b) and (c) (w.e.f. 26-12-2014).
2. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “the amalgamation or transfer if sanctioned” (w.e.f. 19-4-2000).
3. Subs. by s. 30 and the First Schedule, ibid., for “Controller” (w.e.f. 19-4-2000). Earlier subs. by Act 47 of 1950, s. 26, for
“Court” (w.e.f. 1-6-1950).
4. Ins. by Act 13 of 1941, s. 22 (w.e.f. 8-4-1941).
5. Sub-section (4) omitted by Act 47 of 1950, s. 26 (w.e.f. 1-6-1950).
6. Subs. by Act 5 of 2015, s. 43, for section 36 (w.e.f. 26-12-2014).
7. Subs. by Act 13 of 1941, s. 24, for “where any business of one insurer is transferred to another” (w.e.f. 8-4-1941).
8. Subs. by s. 24, ibid., for “the insurer to whom the business is transferred” (w.e.f. 8-4-1941).
9. Subs. by s. 24, ibid., for “furnish to the Central Government” (w.e.f. 8-4-1941).
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(b) [1][ a declaration signed by every party concerned] or in the case of a company by the chairman and
the principal officer that to the best of their belief every payment made or to be made to any person
whatsoever on account of the amalgamation or transfer is therein fully set forth and that no other
payments beyond those set forth have been made or are to be made either in money, policies, bonds,
valuable securities or other property by or with the knowledge of any parties to the amalgamation or
transfer, and
2[(c) where the amalgamation or transfer has not been made in accordance with a 3[scheme approved]
by the [4][Authority] under section 36—
(i) balance-sheets in respect of the insurance business of each of the insurers concerned in such
amalgamation or transfer, prepared in the Form set forth in Part II of the First Schedule and in
accordance with the regulations contained in Part I of that Schedule, and
(ii) certified copies of any other reports on which the scheme of amalgamation or transfer was
founded.]
**5[37A. Power of 4[Authority] to prepare Scheme of Amalgamation.—(1) If the 4[Authority] is**
satisfied that—
(i) in the public interest; or
(ii) in the interests of the policy-holders; or
(iii) in order to secure the proper management of an insurer; or
(iv) in the interest of insurance business of the country as a whole,
it is necessary so to do, he may prepare a scheme for the amalgamation of that insurer with any other
insurer (hereinafter referred to in this section as the transferee insurer):
Provided that no such scheme shall be prepared unless the other insurer has given his written consent
to the proposal for such amalgamation.
(2) The scheme aforesaid may contain provisions for all or any of the following matters, namely: —
(a) the constitution, name and registered office, the capital, assets, powers, rights, interests,
authorities and privileges, and the liabilities, duties and obligations of the transferee insurer;
(b) the transfer to the transferee insurer of the business, properties, assets and liabilities of the
insurer on such terms and conditions as may be specified in the scheme;
(c) any change in the Board of Directors, or the appointment of a new Board of Directors of the
transferee insurer and the authority by whom, the manner in which, and the other terms and
conditions on which, such change or appointment shall be made, and, in the case of appointment of a
new Board of Directors or of any director, the period for which such appointment shall be made;
1. Subs. by Act 13 of 1941, s. 21, for “a declaration signed by every insurer concerned” (w.e.f. 8-4-1941).
2. Subs. s. 24, ibid., for clause (c) (w.e.f. 8-4-1941).
3. Subs. by Act 41 of 1999, s. 30 the First Schedule, for “scheme sanctioned” (w.e.f. 19-4-2000).
4. Subs. by s. 30, and the First Schedule, ibid., for “Controller” (w.e.f. 19-4-2000).
5. Ins. by Act 62 of 1968, s. 17 (w.e.f. 1-6-1969).
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(d) the alteration of the memorandum and articles of association of the transferee insurer for the
purpose of altering the capital thereof or for such other purposes as may be necessary to give effect to
the amalgamation;
(e) subject to the provisions of the scheme, the continuation by or against the transferee insurer,
of any actions or proceedings pending against the insurer;
(f) the reduction of the interest or rights which the shareholders, policy-holders and other
creditors have in or against the insurer before the amalgamation to such extent as the [1][Authority]
considers necessary in the public interest or in the interests of the shareholders, policy-holders and
other creditors or for the maintenance of the business of the insurer;
(g) the payment in cash or otherwise to policy-holders, and other creditors in full satisfaction of
their claim, —
(i) in respect of their interest or rights in or against the insurer before the amalgamation; or
(ii) where their interest or rights aforesaid in or against the insurer has or have been reduced
under clause (f) in respect of such interest or rights as so reduced;
(h) the allotment to the shareholders of the insurer for shares held by them therein before the
amalgamation whether their interest in such shares has been reduced under clause (f) or not] of shares
in the transferee insurer and where any shareholders claim payment in cash and not allotment of
shares, or where it is not possible to allot shares to any shareholders, the payment in cash to those
shareholders in full satisfaction of their claim—
(i) in respect of their interest in shares in the insurer before the amalgamation; or
(ii) where such interest has been reduced under clause (f) in respect of their interest in shares
as so reduced;
(i) the continuance of the services of all the employees of the insurer (excepting such of them as
not being workmen within the meaning of the Industrial Disputes Act, 1947 (14 of 1947), are
specifically mentioned in the scheme) in the transferee insurer at the same remuneration and on the
same terms and conditions of service, which they were getting or, as the case may be, by which they
were being governed, immediately before the date of the amalgamation:
Provided that the scheme shall contain a provision that the transferee insurer shall pay or grant
not later than the expiry of the period of three years, from the date of the amalgamation, to the said
employees the same remuneration and the same terms and conditions of service as are applicable to
the other employees of corresponding rank or status, of the transferee insurer subject to the
qualifications and experience of the said employees being the same as or equivalent to those of such
other employees of the transferee insurer:
Provided further that if in any case any doubt or difference arises as to whether the qualification
and experience of any of the said employees are the same as or equivalent to the qualifications and
experience of the other employees of corresponding rank or status of the transferee insurer, the doubt
or difference shall be referred to the Controller whose decision thereon shall be final;
(j) notwithstanding anything contained in clause (i) where any of the employees of the insurer not
being workmen within the meaning of the Industrial Disputes Act, 1947 (14 of 1947), are
specifically mentioned in the scheme under clause (i) of where any employees of the insurer have by
notice in writing given to the insurer or, as the case may be, the transferee insurer at any time before
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
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the expiry of one month next following the date on which the scheme is sanctioned by the Central
Government, intimated their intention of not becoming employees of the transferee insurer, the
payment to such employees of compensation, if any, to which they are entitled under the Industrial
Disputes Act, 1947 (14 of 1947), and such pension, gratuity, provident fund, or other retirement
benefits ordinarily admissible to them under the rules or authorisations of the insurer immediately
before the date of the amalgamation;
(k) any other terms and conditions for the amalgamation of the insurer;
(l) such incidental, consequential and supplemental matters as are necessary to secure that the
amalgamation shall be fully and effectively carried out.
(3)(a) A copy of the scheme prepared by the [1][Authority] shall be sent in draft to the insurer and also
to the transferee insurer and any other insurer concerned in the amalgamation, for suggestions and
objections, if any, within such period as the [1][Authority] may specify for this purpose.
(b) The [1][Authority] may make such modifications, if any, in the draft scheme as he may consider
necessary in the light of the suggestions and objections received from the insurer and also from the
transferee insurer and any other insurer concerned in the amalgamation and from any shareholder, policyholder or other creditor of each of those insurers and the transferee insurer.
2[(4) The scheme shall thereafter be placed before the Central Government for its sanction and the
Central Government may sanction the scheme without any modification or with such modifications as it
may consider necessary, and the scheme as sanctioned by the Central Government shall come into force
on such date as the Central Government may notify in this behalf in the Official Gazette:
Provided that different dates may be specified for different provisions of the scheme.
(4A) Every policyholder or shareholder or member of each of the insurers, before amalgamation, shall
have the same interest in, or rights against the insurer resulting from amalgamation as he had in the
company of which he was originally a policyholder or shareholder or member:
Provided that where the interests or rights of any shareholder or member are less than his interest in,
or rights against, the original insurer, he shall be entitled to compensation, which shall be assessed by the
Authority in such manner as may be specified by the regulations.
(4B) The compensation so assessed shall be paid to the shareholder or member by the insurance
company resulting from such amalgamation.
(4C) Any member or shareholder aggrieved by the assessment of compensation made by the
Authority under sub-section (4A) may within thirty days from the publication of such assessment prefer
an appeal to the Securities Appellate Tribunal.]
(5) The sanction accorded by the Central Government under sub-section (4) shall be conclusive
evidence that all the requirements of this section relating to amalgamation have been complied with and a
copy of the sanctioned scheme certified in writing by an officer of the Central Government to be a true
copy thereof shall, in all legal proceedings (whether in appeal or otherwise) be admitted as evidence to
the same extent as the original scheme.
(6) The [1][Authority] may, in like manner, add to amend or vary any scheme made under this section.
(7) On and from the date of the coming into operation of the scheme or any provision thereof, the
scheme or such provision shall be binding on the insurer or, as the case may be, on the transferee insurer
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
2. Subs. by Act 5 of 2015, s 44, for sub-section (4) (w.e.f. 26-12-2014).
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and any other insurer concerned in the amalgamation and also on all the shareholders, policy-holders and
other creditors and employees of each of those insurers and of transferee insurer, and on any other person
having any right or liability in relation to any of those insurers or the transferee insurer.
(8) On and from such date as may be specified by the Central Government in this behalf, the
properties and assets of the insurer shall, by virtue of and to the extent provided in the scheme, stand
transferred to, and vest in, and the liabilities of the insurer shall, by virtue of and to the extent provided in
the scheme, stand transferred to and become the liabilities of the transferee insurer.
(9) If any difficulty arises in giving effect to the provisions of the scheme, the Central Government
may by order do anything not inconsistent with such provisions which appears to it necessary or
expedient for the purpose of removing the difficulty.
(10) Copies of every scheme made under this section and of every order made under sub-section (9)
shall be laid before each House of Parliament, as soon as may be, after the scheme has been sanctioned by
the Central Government, or as the case may be, the order has been made.
(11) Nothing in this section shall be deemed to prevent the amalgamation with an insurer by a single
scheme of several insurers.
(12) The provisions of this section and of any scheme made under it shall have effect notwithstanding
anything to the contrary contained in any other provisions of this Act or in any other law or any
agreement, award or other instrument for the time being in force.
(13) The provisions of section 37 shall not apply to an amalgamation given effect to under the
provisions of this section.]
ASSGNMENT OR TRANSFER OF POLICIES AND NOMINATIONS
**1[38. Assignment and transfer of insurance policies. —(1) A transfer or assignment of a policy of**
insurance, wholly or in part, whether with or without consideration, may be made only by an endorsement
upon the policy itself or by a separate instrument, signed in either case by the transferor or by the assignor
or his duly authorised agent and attested by at least one witness, specifically setting forth the fact of
transfer or assignment and the reasons thereof, the antecedents of the assignee and the terms on which the
assignment is made.
(2) An insurer may, accept the transfer or assignment, or decline to act upon any endorsement made
under sub-section (1), where it has sufficient reason to believe that such transfer or assignment is not
_bona fide or is not in the interest of the policyholder or in public interest or is for the purpose of trading of_
insurance policy.
(3) The insurer shall, before refusing to act upon the endorsement, record in writing the reasons for
such refusal and communicate the same to the policyholder not later than thirty days from the date of the
policyholder giving notice of such transfer or assignment.
(4) Any person aggrieved by the decision of an insurer to decline to act upon such transfer or
assignment may within a period of thirty days from the date of receipt of the communication from the
insurer containing reasons for such refusal, prefer a claim to the Authority.
(5) Subject to the provisions in sub-section (2), the transfer or assignment shall be complete and
effectual upon the execution of such endorsement or instrument duly attested but except, where the
transfer or assignment is in favour of the insurer, shall not be operative as against an insurer, and shall not
confer upon the transferee or assignee, or his legal representative, any right to sue for the amount of such
1. Subs. by Act 5 of 2015, s. 45, for sections 38, 39 and 40 (w.e.f. 26-12-2014).
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policy or the moneys secured thereby until a notice in writing of the transfer or assignment and either the
said endorsement or instrument itself or a copy thereof certified to be correct by both transferor and
transferee or their duly authorised agents have been delivered to the insurer:
Provided that where the insurer maintains one or more places of business in India, such notice shall
be delivered only at the place where the policy is being serviced.
(6) The date on which the notice referred to in sub-section (5) is delivered to the insurer shall regulate
the priority of all claims under a transfer or assignment as between persons interested in the policy; and
where there is more than one instrument of transfer or assignment the priority of the claims under such
instruments shall be governed by the order in which the notices referred to in sub-section (5) are
delivered:
Provided that if any dispute as to priority of payment arises as between assignees, the dispute shall be
referred to the Authority.
(7) Upon the receipt of the notice referred to in sub-section (5), the insurer shall record the fact of
such transfer or assignment together with the date thereof and the name of the transferee or the assignee
and shall, on the request of the person by whom the notice was given, or of the transferee or assignee, on
payment of such fee as may be specified by the regulations, grant a written acknowledgement of the
receipt of such notice; and any such acknowledgement shall be conclusive evidence against the insurer
that he has duly received the notice to which such acknowledgement relates.
(8) Subject to the terms and conditions of the transfer or assignment, the insurer shall, from the date
of the receipt of the notice referred to in sub-section (5), recognise the transferee or assignee named in the
notice as the absolute transferee or assignee entitled to benefit under the policy, and such person shall be
subject to all liabilities and equities to which the transferor or assignor was subject at the date of the
transfer or assignment and may institute any proceedings in relation to the policy, obtain a loan under the
policy or surrender the policy without obtaining the consent of the transferor or assignor or making him a
party to such proceedings.
_Explanation.— Except where the endorsement referred to in sub-section (1) expressly indicates that_
the assignment or transfer is conditional in terms of sub-section (10) hereunder, every assignment or
transfer shall be deemed to be an absolute assignment or transfer and the assignee or transferee, as the
case may be, shall be deemed to be the absolute assignee or transferee respectively.
(9) Any rights and remedies of an assignee or transferee of a policy of life insurance under an
assignment or transfer effected prior to the commencement of the Insurance Laws (Amendment) Act,
2015 (5 of 2015) shall not be affected by the provisions of this section.
(10) Notwithstanding any law or custom having the force of law to the contrary, an assignment in
favour of a person made upon the condition that—
(a) the proceeds under the policy shall become payable to the policyholder or the nominee or
nominees in the event of either the assignee or transferee predeceasing the insured; or
(b) the insured surviving the term of the policy, shall be valid:
Provided that a conditional assignee shall not be entitled to obtain a loan on the policy or surrender a
policy.
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(11) In the case of the partial assignment or transfer of a policy of insurance under sub-section (1), the
liability of the insurer shall be limited to the amount secured by partial assignment or transfer and such
policyholder shall not be entitled to further assign or transfer the residual amount payable under the same
policy.
**39. Nomination by policyholder. —(1) The holder of a policy of life insurance on his own life may,**
when effecting the policy or at any time before the policy matures for payment, nominate the person or
persons to whom the money secured by the policy shall be paid in the event of his death:
Provided that, where any nominee is a minor, it shall be lawful for the policyholder to appoint any
person in the manner laid down by the insurer, to receive the money secured by the policy in the event of
his death during the minority of the nominee.
(2) Any such nomination in order to be effectual shall, unless it is incorporated in the text of the
policy itself, be made by an endorsement on the policy communicated to the insurer and registered by him
in the records relating to the policy and any such nomination may at any time before the policy matures
for payment be cancelled or changed by an endorsement or a further endorsement or a will, as the case
may be, but unless notice in writing of any such cancellation or change has been delivered to the insurer,
the insurer shall not be liable for any payment under the policy made _bona fide by him to a nominee_
mentioned in the text of the policy or registered in records of the insurer.
(3) The insurer shall furnish to the policyholder a written acknowledgement of having registered a
nomination or a cancellation or change thereof, and may charge such fee as may be specified by
regulations for registering such cancellation or change.
(4) A transfer or assignment of a policy made in accordance with section 38 shall automatically
cancel a nomination:
Provided that the assignment of a policy to the insurer who bears the risk on the policy at the time of
the assignment, in consideration of a loan granted by that insurer on the security of the policy within its
surrender value, or its reassignment on repayment of the loan shall not cancel a nomination, but shall
affect the rights of the nominee only to the extent of the insurer’s interest in the policy:
Provided further that the transfer or assignment of a policy, whether wholly or in part, in
consideration of a loan advanced by the transferee or assignee to the policyholder, shall not cancel the
nomination but shall affect the rights of the nominee only to the extent of the interest of the transferee or
assignee, as the case may be, in the policy:
Provided also that the nomination, which has been automatically cancelled consequent upon the
transfer or assignment, the same nomination shall stand automatically revived when the policy is
reassigned by the assignee or retransferred by the transferee in favour of the policyholder on repayment of
loan other than on a security of policy to the insurer.
(5) Where the policy matures for payment during the lifetime of the person whose life is insured or
where the nominee or, if there are more nominees than one, all the nominees die before the policy
matures for payment, the amount secured by the policy shall be payable to the policyholder or his heirs or
legal representatives or the holder of a succession certificate, as the case may be.
(6) Where the nominee or if there are more nominees than one, a nominee or nominees survive the
person whose life is insured, the amount secured by the policy shall be payable to such survivor or
survivors.
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(7) Subject to the other provisions of this section, where the holder of a policy of insurance on his
own life nominates his parents, or his spouse, or his children, or his spouse and children, or any of them,
the nominee or nominees shall be beneficially entitled to the amount payable by the insurer to him or
them under sub-section (6) unless it is proved that the holder of the policy, having regard to the nature of
his title to the policy, could not have conferred any such beneficial title on the nominee.
(8) Subject as aforesaid, where the nominee, or if there are more nominees than one, a nominee or
nominees, to whom sub-section (7) applies, die after the person whose life is insured but before the
amount secured by the policy is paid, the amount secured by the policy, or so much of the amount secured
by the policy as represents the share of the nominee or nominees so dying (as the case may be), shall be
payable to the heirs or legal representatives of the nominee or nominees or the holder of a succession
certificate, as the case may be, and they shall be beneficially entitled to such amount.
(9) Nothing in sub-sections (7) and (8) shall operate to destroy or impede the right of any creditor to
be paid out of the proceeds of any policy of life insurance.
(10) The provisions of sub-sections (7) and (8) shall apply to all policies of life insurance maturing
for payment after the commencement of the Insurance Laws (Amendment) Act, 2015 (5 of 2015).
(11) Where a policyholder dies after the maturity of the policy but the proceeds and benefit of his
policy has not been made to him because of his death, in such a case, his nominee shall be entitled to the
proceeds and benefit of his policy.
(12) The provisions of this section shall not apply to any policy of life insurance to which section 6 of
the Married Women’s Property Act, 1874 (3 of 1874), applies or has at any time applied:
Provided that where a nomination made whether before or after the commencement of the Insurance
Laws (Amendment) Act, 2015 (5 of 2015), in favour of the wife of the person who has insured his life or
of his wife and children or any of them is expressed, whether or not on the face of the policy, as being
made under this section, the said section 6 shall be deemed not to apply or not to have applied to the
policy.
COMMISSION AND REBATES AND LICENSING OF AGENTS
**40. Prohibition of payment by way of commission or otherwise for procuring business. —(1) No**
person shall, pay or contract to pay any remuneration or reward, whether by way of commission or
otherwise for soliciting or procuring insurance business in India to any person except an insurance agent
or an intermediary or insurance intermediary in such manner as may be specified by the regulations.
(2) No insurance agent or intermediary or insurance intermediary shall receive or contract to receive
commission or remuneration in any form in respect of policies issued in India, by an insurer in any form
in respect of policies issued in India, by an insurer except in accordance with the regulations specified in
this regard:
Provided that the Authority, while making regulations under sub-sections (1) and (2), shall take into
consideration the nature and tenure of the policy and in particular the interest of the agents and other
intermediaries concerned.
(3) Without prejudice to the provisions of section 102 in respect of a contravention of any of the
provisions of the preceding sub-sections or the regulations framed in this regard, by an insurer, any
insurance agent or intermediary or insurance intermediary who contravenes the said provisions shall be
liable to a penalty which may extend to one lakh rupees.]
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**40A. [Limitation of expenditure on commission.] —** _Omitted by the Insurance Laws (Amendment)_
_Act, 2015_ (5 of 2015), s. 46 (w.e.f. 26-12-2014)].
**1[40B. Limitation of expenses of management in life insurance business. —No insurer shall, in**
respect of insurance business transacted by him in India, spend as expenses of management in any
financial year any amount exceeding the amount as may be specified by the regulations made under this
Act;
**40C. Limitation of expenses of management in general, health insurance and re-insurance**
**business.—Every insurer transacting insurance business in India shall furnish to the Authority, the details**
of expenses of management in such manner and form as may be specified by the regulations made under
this Act.]
**41. Prohibition of rebates.—(1) No person shall allow or offer to allow, either directly or indirectly,**
as an inducement to any person to [2][take out or renew or continue] an insurance in respect of any kind of
risk relating to lives or property in India, any rebate of the whole or part of the commission payable or
any rebate of the premium shown on the policy, nor shall any person taking out or renewing [3][or
continuing] a policy accept any rebate, except such rebate as may be allowed in accordance with the
published prospectuses or tables of the insurer:
2[Provided that acceptance by an insurance agent of commission in connection with a policy of life
insurance taken out by himself on his own life shall not be deemed to be acceptance of a rebate of
premium within the meaning of this sub-section if at the time of such acceptance the insurance agent
satisfies the prescribed conditions establishing that he is a bona fide insurance agent employed by the
insurer.]
4[(2) Any person making default in complying with the provisions of this section shall be liable for a
penalty which may extend to ten lakh rupees.]
**5[42. Appointment of insurance agents.—(1) An insurer may appoint any person to act as insurance**
agent for the purpose of soliciting and procuring insurance business:
Provided that such person does not suffer from any of the disqualifications mentioned in
sub-section (3).
(2) No person shall act as an insurance agent for more than one life insurer, one general insurer, one
health insurer and one of each of the other mono-line insurers:
Provided that the Authority shall, while framing regulations, ensure that no conflict of interest is
allowed to arise for any agent in representing two or more insurers for whom he may be an agent.
(3) The disqualifications referred to in the proviso to sub-section (1) shall be the following: —
(a) that the person is a minor;
(b) that he is found to be of unsound mind by a court of competent jurisdiction;
(c) that he has been found guilty of criminal misappropriation or criminal breach of trust or
cheating or forgery or an abetment of or attempt to commit any such offence by a court of competent
jurisdiction:
1. Subs. by Act 5 of 2015, s. 47, for sections 40B and 40C (w.e.f. 26-12-2014).
2. Subs. by Act 13 of 1941, s. 27, for “effect or renew” (w.e.f. 8-4-1941).
3. Ins. by s. 27, ibid, (w.e.f. 8-4-1941).
4. Subs. by Act 5 of 2015, s. 48, for sub-section (2) (w.e.f. 26-12-2014).
5. Subs. by s. 49, ibid., for section 42 (w.e.f. 26-12-2014).
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Provided that where at least five years have elapsed since the completion of the sentence imposed
on any person in respect of any such offence, the Authority shall ordinarily declare in respect of such
person that his conviction shall cease to operate as a disqualification under this clause;
(d) that in the course of any judicial proceeding relating to any policy of insurance or the winding
up of an insurer or in the course of an investigation of the affairs of an insurer it has been found that
he has been guilty of or has knowingly participated in or connived at any fraud, dishonesty or
misrepresentation against an insurer or insured;
(e) that in the case of an individual, who does not possess the requisite qualifications or practical
training or passed the examination, as may be specified by the regulations;
(f) that in the case of a company or firm making, a director or a partner or one or more of its
officers or other employees so designated by it and in the case of any other person the chief
executive, by whatever name called, or one or more of his employees designated by him, do not
possess the requisite qualifications or practical training and have not passed such an examination as
required under clauses (e) and (g);
(g) that he has not passed such examination as may be specified by the regulations;
(h) that he has violated the code of conduct as may be specified by the regulations.
(4) Any person who acts as an insurance agent in contravention of the provision of this Act, shall be
liable to a penalty which may extend to ten thousand rupees and any insurer or any person acting on
behalf of an insurer, who appoints any person as an insurance agent not permitted to act as such or
transacts any insurance business in India through any such person shall be liable to penalty which may
extend to one crore rupees.
(5) The insurer shall be responsible for all the acts and omissions of its agents including violation of
code of conduct specified under clause (h) of sub-section (3) and liable to a penalty which may extend to
one crore rupees.]
**1[42A. Prohibition of insurance business through principal agent, special agent and multilevel**
**marketing. — (1) No insurer shall, on or after the commencement of the Insurance Laws (Amendment)**
Act, 2015 (5 of 2015), appoint any principal agent, chief agent, and special agent and transact any
insurance business in India through them.
(2) No person shall allow or offer to allow, either directly or indirectly, as an inducement to any
person to take out or renew or continue an insurance policy through multilevel marketing scheme.
(3) The Authority may, through an officer authorised in this behalf, make a complaint to the
appropriate police authorities against the entity or persons involved in the multilevel marketing scheme.
_Explanation. —For the purpose of this section “multilevel marketing scheme” means any scheme or_
programme or arrangement or plan (by whatever name called) for the purpose of soliciting and procuring
insurance business through persons not authorised for the said purpose with or without consideration of
whole or part of commission or remuneration earned through such solicitation and procurement and
includes enrolment of persons into a multilevel chain for the said purpose either directly or indirectly.]
1. Subs. by Act 5 of 2015, s. 50, for sections 42A, 42B and 42C (w.e.f. 26-12-2014).
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**[1][42D. Issue of [2][registration] to intermediary or insurance intermediary. — (1) The Authority**
or an officer authorised by it in this behalf shall, in the manner determined by the regulations made by the
Authority and on payment of the fees determined by the regulations made by the Authority, issue to any
person making an application in the manner determined by the regulations, and not suffering from any of
the disqualifications herein mentioned, a [2][registration] to act as an intermediary or an insurance
intermediary under this Act:
Provided that—
(a) in the case of an individual, he does not suffer from any of the disqualifications mentioned
in [3][sub-section (3)] of section 42, or
(b) in the case of a company, or firm, any of its directors of partners does not suffer from any of
the said disqualifications.
(2) A [4][registration made] under this section shall entitle the holder thereof to act as an intermediary
or insurance intermediary .
(3) A [4][registration made] under this section shall remain in force for a period of three years only
from the date of issue, but shall, if the applicant, being an individual does not, or being a company or firm
any of its directors or partners [5][or one or more of its officers or other employees so designated by it and
in the case of any other person, the chief executive by whatever name called, or one or more of his
employees designated by him] does not suffer from any of the disqualifications mentioned [6][in clauses
(b), (c), (d), (e) and (g) of sub-section (3) of section 42] and the application for renewal of [2][registration]
reaches the issuing authority at least thirty days before the date on which the [2][registration] ceases to
remain in force, be renewed for a period of three years at any one time on payment of the fee, determined
by the regulations, made by the Authority and additional fee for an amount determined by the regulations,
not exceeding one hundred rupees by way of penalty, if the application for renewal of the [2][registration]
does not reach the issuing authority at least thirty days before the date on which the [2][registration] ceases
to remain in force.
(4) No application for the renewal of a [2][registration] under this section shall be entertained if the
application does not reach the issuing authority before the [2][registration] ceases to remain in force:
Provided that the Authority may, if satisfied that undue hardship would be caused otherwise, accept
any application in contravention of this sub-section on payment by the application of a penalty of seven
hundred and fifty rupees.
(5) The disqualifications above referred to shall be the following: —
(a) that the person is a minor;
(b) that he is found to be of unsound mind by a Court of competent jurisdiction;
1. Ins. by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000).
2. Subs. by Act 5 of 2015, s. 51, for “licence” (w.e.f. 26-12-2014).
3. Subs. by s. 51, ibid., for “sub-section (4)” (w.e.f. 26-12-2014).
4. Subs. by s. 51, ibid., for “licence issued” (w.e.f. 26-12-2014).
5. Ins. by s. 51, ibid. (w.e.f. 26-12-2014).
6. Subs. by s. 51, ibid., for “in clauses (b), (c), (d), (e) and (f) of sub-section (4) of section 42” (w.e.f. 26-12-2014).
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(c) that he has been found guilty of criminal misappropriation or criminal breach of trust or
cheating or forgery or an abetment of or attempt to commit any such offence by a Court of competent
jurisdiction:
Provided that, Where at least five years have elapsed since the completion of the sentence imposed on
any person in respect of any such offence, the Authority shall ordinarily declare in respect of such person
that his conviction shall cease to operate as a disqualification under this clause;
(d) that in the course of any judicial proceeding relating to any policy of insurance of the winding
up of an insurance company or in the course of an investigation of the affairs of an insurer it has been
found that he has been guilty of or has knowingly participated in or connived at any fraud dishonestly
or misrepresentation against an insurer or an insured;
(e) that he does not possess the requisite qualifications and practical training for a period not
exceeding twelve months, as may be specified by the regulations made by the Authority in this
behalf;
(f) that he has not passed such examinations as may be specified by the regulations made by the
Authority in this behalf;
(g) that he violates the code of conduct as may be specified by the regulations made by the
Authority.
(6) If it be found that an intermediary or an insurance intermediary suffers from any of the foregoing
is qualifications, without prejudice to any other penalty to which he may be liable, the Authority shall,
and if the intermediary or an insurance intermediary has knowingly contravened any provision of this Act
may cancel the [1][registration made] to the intermediary or insurance intermediary under this section .
(7) The Authority may issue a duplicate [2][registration] to replace a [2][registration] lost, destroyed or
mutilated, on payment of such fee, as may be determined by the regulations made by the Authority.
3[(8) Any person who acts as an intermediary or an insurance intermediary without being registered
under this section to act as such, shall be liable to a penalty which may extend to ten lakh rupees and any
person who appoints as an intermediary or an insurance intermediary or any person not registered to act
as such or transacts any insurance business in India through any such person, shall be liable to a penalty
which may extend to one crore rupees.
(9) Where the person contravening sub-section (8) is a company or a firm, then, without prejudice to
any other proceedings which may be taken against the company or firm, every director, manager,
secretary or other officer of the company, and every partner of the firm who is knowingly a party to such
contravention shall be liable to a penalty which may extend to ten lakh rupees.]
**4 [42E. Condition for intermediary or insurance intermediary. —Without prejudice to the**
provisions contained in this Act, the Authority may, by regulations made in this behalf, specify the
requirements of capital, form of business and other conditions, to act as an intermediary or an insurance
intermediary.]
1. Subs. by Act 5 of 2015, s. 51, for “licence issued” (w.e.f. 26-12-2014).
2. Subs. by s. 51, ibid., for “licence” (w.e.f. 26-12-2014).
3. Subs. by s. 51, ibid., for sub-sections (8) and (9) (w.e.f. 26-12-2014).
4. Subs. by s. 51, ibid., for section 42E (w.e.f. 26-12-2014).
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**1[43. Record of insurance agents. —(1) Every insurer and every person who, acting on behalf of an**
insurer employs insurance agents shall maintain a record showing the name and address of every
insurance agent appointed by him and the date on which his appointment began and the date, if any, on
which his appointment ceased.
(2) The record prepared by the insurer under sub-section (1), shall be maintained as long as the
insurance agent is in service and for a period of five years after the cessation of appointment.]
**44. [Prohibition of cessation of payments of commission.]—omitted by the Insurance Laws**
(Amendment) Act, 2015 (5 of 2015) s. 54 (w.e.f. 26-12-2014).
2[44A. Power to call for information.—For the purposes of ensuring compliance with the provisions
of sections 40, 40B and 40C, the Authority may, by notice—
(a) require from an insurer such information, certified if so required by an auditor or actuary, as it
may consider necessary;
(b) require an insurer to submit for its examination at the principal place of business of the insurer
in India, any books of account, register or other document, or to supply any statement which may be
specified in the notice;
(c) examine any officer of an insurer on oath, in relation to any such information, book, register,
document or statement and the insurer, shall comply with any such requirement within such time as
may be specified in the notice.
SPECIAL PROVISIONS OF LAW
**45. Policy not be called in question on ground of misstatement after three years. —(1) No policy**
of life insurance shall be called in question on any ground whatsoever after the expiry of three years from
the date of the policy, i.e., from the date of issuance of the policy or the date of commencement of risk or
the date of revival of the policy or the date of the rider to the policy, whichever is later.
(2) A policy of life insurance may be called in question at any time within three years from the date of
issuance of the policy or the date of commencement of risk or the date of revival of the policy or the date
of the rider to the policy, whichever is later, on the ground of fraud:
Provided that the insurer shall have to communicate in writing to the insured or the legal
representatives or nominees or assignees of the insured the grounds and materials on which such decision
is based.
_Explanation I. —For the purposes of this sub-section, the expression “fraud” means any of the_
following acts committed by the insured or by his agent, with intent to deceive the insurer or to induce the
insurer to issue a life insurance policy: —
(a) the suggestion, as a fact of that which is not true and which the insured does not believe to be
true;
(b) the active concealment of a fact by the insured having knowledge or belief of the fact;
(c) any other act fitted to deceive; and
(d) any such act or omission as the law specially declares to be fraudulent.
_Explanation II. —Mere silence as to facts likely to affect the assessment of the risk by the insurer is_
not fraud, unless the circumstances of the case are such that regard being had to them, it is the duty of the
insured or his agent keeping silence, to speak, or unless his silence is, in itself, equivalent to speak.
1. Subs. by Act 5 of 2015, s. 53, for section 43 (w.e.f. 26-12-2014).
2. Subs. by s. 55, ibid., for sections 44A and 45 (w.e.f. 26-12-2014).
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(3) Notwithstanding anything contained in sub-section (2), no insurer shall repudiate a life insurance
policy on the ground of fraud if the insured can prove that the misstatement of or suppression of a
material fact was true to the best of his knowledge and belief or that there was no deliberate intention to
suppress the fact or that such misstatement of or suppression of a material fact are within the knowledge
of the insurer:
Provided that in case of fraud, the onus of disproving lies upon the beneficiaries, in case the
policyholder is not alive.
_Explanation. —A person who solicits and negotiates a contract of insurance shall be deemed for the_
purpose of the formation of the contract, to be the agent of the insurer.
(4) A policy of life insurance may be called in question at any time within three years from the date of
issuance of the policy or the date of commencement of risk or the date of revival of the policy or the date
of the rider to the policy, whichever is later, on the ground that any statement of or suppression of a fact
material to the expectancy of the life of the insured was incorrectly made in the proposal or other
document on the basis of which the policy was issued or revived or rider issued:
Provided that the insurer shall have to communicate in writing to the insured or the legal
representatives or nominees or assignees of the insured the grounds and materials on which such decision
to repudiate the policy of life insurance is based:
Provided further that in case of repudiation of the policy on the ground of misstatement or
suppression of a material fact, and not on the ground of fraud, the premiums collected on the policy till
the date of repudiation shall be paid to the insured or the legal representatives or nominees or assignees of
the insured within a period of ninety days from the date of such repudiation.
_Explanation. —For the purposes of this sub-section, the misstatement of or suppression of fact shall_
not be considered material unless it has a direct bearing on the risk undertaken by the insurer, the onus is
on the insurer to show that had the insurer been aware of the said fact no life insurance policy would have
been issued to the insured.
(5) Nothing in this section shall prevent the insurer from calling for proof of age at any time if he is
entitled to do so, and no policy shall be deemed to be called in question merely because the terms of the
policy are adjusted on subsequent proof that the age of the life insured was incorrectly stated in the
proposal.]
**46. Application of the law in force in India to policies issued in India.—The holder of a policy of**
insurance issued by an insurer in respect of insurance business transacted in [1] [India] after the
commencement of this Act shall have the right, notwithstanding anything to the contrary contained in the
policy or in any agreement relating thereto, to receive payment in [1][India], of any sum secured thereby
and to sue for any relief in respect of the policy in any Court of competent jurisdiction in [1][India]; and if
the suit is brought in [1][India]; any question of law arising in connection with any such policy shall be
determined according to the law in force in [1][India]:
2[Provided that nothing in this section shall apply to a policy of marine insurance.]
**47. Payment of money into court. — (1) Where in respect of any policy of life insurance maturing**
for payment an insurer is of opinion that by reason of conflicting claims to or insufficiency of proof of
title to the amount secured thereby or for any other adequate reason it is impossible otherwise for the
insurer to obtain a satisfactory discharge for the payment of such amount, [3][the insurer may], [4][***] apply
1. Subs. by Act 62 of 1956, s. 2 and the First Schedule, for “the States” (w.e.f. 1-11-1956)
2. Ins. by Act 7 of 1944, s. 2 (w.e.f. 7-3-1944).
3. Subs. by Act 13 of 1941, s. 32, for “the insurer shall” (w.e.f. 8-4-1941).
4. Certain words omitted by Act 47 of 1950, s. 36 (w.e.f. 1-6-1950).
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to pay the amount into the Court within the jurisdiction of which is situated the place at which such
amount is payable under the terms of the policy or otherwise.
(2) A receipt granted by the Court for any such payment shall be a satisfactory discharge to the
insurer for the payment of such amount.
(3) An application for permission to make a payment into Court under this section shall be made by a
petition verified by an affidavit signed by a principal officer of the insurer setting forth the following
particulars, namely: —
(a) the name of the insured person and his address;
(b) if the insured person is deceased, the date and place of his death;
(c) the nature of the policy and the amount secured by it;
(d) the name and address of each claimant so far as is known to the insurer with details of every
notice of claim received;
(e) the reasons why in the opinion of the insurer a satisfactory discharged cannot be obtained for
the payment of the amount; and
(f) the address at which the insurer may be served with notice of any proceeding relating to
disposal of the amount paid into Court.
(4) An application under this section shall not be entertained by the Court if the application is made
before the expiry of six months [1][from the maturing of the policy by survival, or from the date of receipt
of notice by the insurer of the death of the insured, as the case may be.]
(5) If it appears to the Court that a satisfactory discharge for the payment of the amount cannot
otherwise be obtained by the insurer it shall allow the amount to be paid into Court and shall invest the
amount in Government securities pending its disposal.
(6) The Insurer shall transmit to the Court every notice of claim received after the making of the
application under sub-section (3), and any payment required by the Court as costs of the proceedings or
otherwise in connection with the disposal of the amount paid into Court shall as to the cost of the
application under sub-section (3) be borne by the insurer and as to any other costs be in the discretion of
the Court.
(7) The Court shall cause notice to be given to every ascertained claimant of the fact that the amount
has been paid into Court, and shall cause notice at the cost of any claimant applying to withdraw the
amount to be given to every other ascertained claimant.
(8) The Court shall decide all questions relating to the disposal of claims to the amount paid into
Court.
**47A. [Claims on small life insurance policies].** — _Omitted by Insurance Laws (Amendment) Act,_
_2015 (5 of 2015) s. 56 (w.e.f. 26-12-2014)._
**48. [Directors of insurers being companies]. —** _Omitted by s. 56, ibid. (w.e.f. 26-12-2014)._
1. Subs. by Act 11 of 1939, s. 18, for “from the death of the insured, or the maturing of the policy by survival”.
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**1** **[48A. Insurance agent or intermediary or insurance intermediary not to be director in**
**insurance company.—No insurance agent or intermediary or insurance intermediary shall be eligible to**
be or remain a director in insurance company:
Provided that any director holding office at the commencement of the Insurance Laws (Amendment)
Act, 2015 (5 of 2015) shall not become ineligible to remain a director by reason of this section until the
expiry of six months from the date of commencement of the said Act:
Provided further that the Authority may permit an agent or intermediary or insurance intermediary to
be on the Board of an insurance company subject to such conditions or restrictions as it may impose to
protect the interest of policyholders or to avoid conflict of interest.]
**2[48B. Further provision regarding directors.—(1) An insurer specified in sub-clause (b) of clause**
(9) of section 2 and carrying on life insurance business shall not have a common director with another
such insurer.
(2) The [3][Authority] may, for such period, to such extent and subject to such conditions as it may
specify, exempt from the operation of the section—
(a) any insurer, who is a subsidiary company of another insurer, or
(b) two or more insurers, for the purpose of facilitating their amalgamation or the transfer of
business of one insurer to the other.]
**48C. [Appointment of additional directors].— [Omitted by the Insurance (Amendment)**
_Act, 1968 (62 of 1968), s. 21 (w.e.f. 1-6-1969)].]_
**4[49. Restriction on dividends and bonuses.—5[(1)] No insurer, 6***, who carries on the business**
of life insurance or any other class or sub-class of insurance business to which section 13 applies, shall,
for the purpose of declaring or paying any dividend to shareholders or any bonus to policy-holders or of
making any payment in service of any debentures, utilize directly or indirectly any portion of the life
insurance fund or of the fund of such other class or sub-class of insurance business, as the case may be,
except a surplus shown in the valuation [7] [balance-sheet in such form as may be specified by the
regulations made by the Authority] submitted to the [3][Authority] as part of the abstract referred to in
section 15 as a result of an actuarial valuation of the assets and liabilities of the insurer; nor shall he
increase such surplus by contributions out of any reserve fund or otherwise unless such contributions have
been brought in as revenue account applicable to that class or sub-class of insurance business on or before
the date of the valuation aforesaid, except when the reserve fund is made up solely of transfers from
similar surpluses disclosed by valuations in respect of which returns have been submitted to the
3[Authority] under section 15 of this Act 8***:
Provided that payments made out of any such surplus in service of any debentures shall not exceed
fifty percent, of such surplus including any payment by way of interest on the debentures, and interest
paid on the debentures shall not exceed ten per cent, of any such surplus except when the interest paid on
the debentures is offset against the interest credited to the fund or funds concerned in deciding the interest
basis adopted in the valuation disclosing the aforesaid surplus:]
1. Subs. by Act 5 of 2015, s. 57 (w.e.f. 26-12-2014).
2. Ins. by Act 47 of 1950, s. 40 (w.e.f. 1-6-1950).
3. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Central Government” (w.e.f. 19-4-2000).
4. Subs. by Act 13 of 1941, s. 34, for section 49 (w.e.f. 8-4-1941).
5. Section 49 renumbered as sub-section (1) thereof by Act 47 of 1950, s. 41 (w.e.f. 1-6-1950).
6. The words, brackets, letters and figures “being an insurer specified in sub-clause (a) (ii) or sub-clause (b) of clause (9) of
section 2” omitted by Act 5 of 2015, s. 58 (w.e.f. 26-12-2014).
7. Subs. by Act 42 of 2002, s. 12, for “balance sheet in Form I as set forth in the Fourth Schedule” (w.e.f. 23-9-2002).
8. The words and figures “or to the Central Government under section 11 of the Indian Life Insurance Companies Act, 1912 (7 of
1912)” Omitted by Act 5 of 2015, s. 58 (w.e.f. 26.12.2014).
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1[Provided further that the share of any such surplus allocated to or reserved for the shareholders,
(including any amount for the payment of dividends guaranteed to them, whether by way of first charge
or otherwise), shall not exceed such sums as may be specified by the Authority and such share shall in no
case exceed ten per cent of such surplus in case of participating policies and in other cases the whole
thereof.]
2[(2) For the purposes of sub-section (1), the actual amount of income-tax deducted at source during
the period following the date as at which the last preceding valuation was made and preceding the date as
at which the valuation in question is made may be added to such surplus after deducting an estimated
amount for income-tax on such surplus, such addition and deduction being shown in [3][an abstract of the
report of the actuary referred to in sub-section (1) of section 13].]
**50. Notice of options available to the assured on the lapsing of a policy.** —An insurer shall,
4[before the expiry of three months from the date on which the premiums in respect of a policy of life
insurance were payable but not paid,] give notice to the policy-holder informing him of the options
available to him [5][unless these are set forth in the policy.]
**51. Supply of copies of proposals and medical reports. —Every insurer shall, on application by a**
policy-holder and on payment of a fee not exceeding one rupee, supply to the policy-holder certified
copies of the question put to him and his answers thereto contained in his proposal for insurance and in
the medical report supplied in connection therewith.
**6[52. Prohibition of business on dividing principle. —No insurer shall commence any business**
upon the dividing principle, that is to say, on the principle that the benefit secured by a policy is not fixed
but depends either wholly or partly on the result of a distribution of certain sums amongst policies
becoming claims within certain time-limits, or on the principle that the premiums payable by a
policyholder depend wholly or partly on the number of policies becoming claims within certain timelimits:
Provided that nothing in this section shall be deemed to prevent an insurer from allocating bonuses to
holders of policies of life insurance as a result of a periodical actuarial valuation either as reversionary
additions to the sums insured or as immediate cash bonuses or otherwise.]
7[MANAGEMENT BY ADMINISTRATOR
**52A. When Administrator for management of insurance business may be appointed. — (1) If at**
any time the Authority has reason to believe that an insurer carrying on life insurance business is acting in
a manner likely to be prejudicial to the interests of holders of life insurance policies, it may, after giving
such opportunity to the insurer to be heard appoint an Administrator to manage the affairs of the insurer
under the direction and control of the Authority.
(2) The Administrator shall receive such remuneration as the Authority may direct and the Authority
may at any time cancel the appointment and appoint some other person as Administrator.]
**52B. Powers and duties of the Administrator.—(1) The Administrator shall conduct the**
management of the business of the insurer with the greatest economy compatible with efficiency and
shall, as soon as may be possible, file with the [8][Authority] a report stating which of the following courses
1. Subs. by Act 42 of 2002, s. 12, for the second proviso (w.e.f. 23-9-2002).
2. Ins. by Act 47 of 1950, s. 41 (w.e.f. 1-6-1950).
3. Subs. by Act 42 of 2002, s. 12, for “paragraph 8(1) of the abstract prepared in accordance with Part II of the Fourth Schedule
to this Act” (w.e.f. 23-9-2002).
4. Subs. by Act 11 of 1939, s. 20, for “within three months of the lapsing of policy of life insurance”.
5. Added by Act 13 of 1941, s. 35 (w.e.f. 8-4-1941).
6. Subs. by Act 5 of 2015, s. 59, for sections 52 and 52A (w.e.f. 26-12-2014).
7. Ins. by Act 47 of 1950, s. 42 (w.e.f. 1-6-1950).
8. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
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is in the circumstances most advantageous to the general interests of the holders of life insurance policies,
namely: —
(a) the transfer of the business of the insurer to some other insurer;
(b) the carrying on of its business by the insurer (whether with the policies of the business
continued for the original, sum insured with the addition of bonuses that attach to the policies or for
reduced amounts);
(c) the winding up of the insurer; and
(d) such other course as he deems advisable.
(2) On the filing of the report with the [1][Authority], the [1][Authority] may take such action as he thinks
fit for promoting the interests of the holders of life insurance policies in general.
(3) Any order passed by the [1][Authority] under sub-section (2) shall be binding on all persons
concerned, and shall have effect notwithstanding anything in the memorandum or articles of association
of the insurer, of a company.
**2**
**[52BB. Powers of Administrator respecting property liable to attachment under**
**section 106.** — (1) If the Administrator is satisfied that any person has rendered himself liable to be
proceeded against under section 106, he may, pending the institution of proceedings against such person
under that section, by order in writing, prohibit him or any other person from transferring or otherwise
disposing of any property which, in the opinion of the Administrator, would be liable to attachment in
proceedings under that section.
(2) Any person aggrieved by an order made by the Administrator under sub-section (1) may, within
fourteen days from the date on which the order is served on him, appeal against such order to [3][the
Securities Appellate Tribunal and the Securities Appellate Tribunal] may pass such order thereon as it
thinks fit.
(3) An order made by the Administrator under sub-section (1) shall, subject to any other order made
by the [4][Securities Appellate Tribunal] on appeal, be in force for a period of three months from the date of
the order unless, before the expiry of the said period, an application is made under sub-section (1) of
section 106 to the Court competent to exercise jurisdiction under that sub-section, and when such an
application is made, the order shall, subject to any order made by that Court, continue in force as if it
were an order of attachment made by that Court in proceedings under that section.
(4) An order made by the Administrator under this section shall, —
(a) in the case of an order affecting a corporation or firm, be served in the manner provided for
the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, in the
First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), and
(b) in the case of an order affecting a person not being a corporation or firm, be served on such
person—
(i) personally, by delivering or tendering to him the order, or
(ii) by post, or
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
2. Ins. by Act 54 of 1955, s. 2 (w.e.f. 1-11-1955).
3. Subs. by Act 5 of 2015, s. 60, for “the Central Government and the Central Government” (w.e.f. 26-12-2014).
4. Subs. by s. 60, ibid., for “Central Government” (w.e.f. 26-12-2014).
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(iii) where the person cannot be found, by leaving a copy of the order with some adult male
member of his family or by affixing such copy to some conspicuous part of the premises in which
he is known to have last resided or carried on business or personally worked for gain,
and every such order shall also be published in the Official Gazette.
(5) If any question arises whether a person was duly served with an order under sub-section (4), the
publication of the order in the Official Gazette shall be conclusive proof that the order was so served, and
a failure to comply with the provisions of clause (a) or clause (b) of sub-section (4) shall not affect the
validity of the order.
(6) Notwithstanding anything contained in this section, any property in respect of which an order has
been made by the Administrator may, with the previous permission of the Administrator and subject to
such terms and conditions as he may impose, be transferred or otherwise disposed of.
(7) Notwithstanding anything contained in any other law for the time being in force, the transfer or
other disposition of any property in contravention of any order made by the Administrator under this
section or of any terms and conditions imposed by him shall be void.
(8) For the purpose of enabling him to form an option as to whether any property would be liable to
attachment in proceedings under section 106 or for the purpose of enabling him to institute proceedings
under that section, the Administrator may require any person to furnish information on such points or
matters as, in the opinion of the Administrator, may be relevant for the purpose, and any person so
required shall be deemed to be legally bound to furnish such information within the meaning of section
176 of the Indian Penal Code (45 of 1860).
(9) The Administrator shall have all the powers of a Civil Court under the Code of Civil Procedure,
1908 (5 of 1908), while trying a suit in respect of the following matters, namely: —
(a) summoning and enforcing attendance of witnesses and examining them on oath;
(b) requiring the production of documents; and
(c) receiving evidence on affidavits.
and any proceeding before the Administrator under this section shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228 of Indian Penal Code (45 of 1860).
(10) Save as provided in this section or in section 106, and notwithstanding anything contained in any
other law for the time being in force, —
(a) no suit or other legal proceeding shall lie in any Court to set aside or modify any order of the
Administrator [1]*** made under this section, and
(b) no Court shall pass any decree, grant any injunction or make any other order which shall have
the effect of nullifying or affection in any way any such order.]
**52C. Cancellation of contracts and agreements. —The Administrator may, at any time during the**
continuance of his appointment with respect to an insurer and after giving an opportunity to the persons
concerned to be heard, cancel or vary (either unconditionally or subject to such conditions as he thinks fit
to impose) any contract or agreement (other than a policy) between the insurer and any other person
which the Administrator is satisfied is prejudicial to the interest of holders of life insurance policies.
**2[52D. Termination of appointment of Administrator. —If at any time, it appears to the Authority**
that the purpose of the order appointing the Administrator has been fulfilled or that, for any reason, it is
1. The words “or the Central Government” omitted by Act 5 of 2015, s. 60 (w.e.f. 26-12-2014)
2. Subs. by s. 61, ibid., for section 52D (w.e.f. 26-12-2014).
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undesirable that the order of appointment should remain in force, the Authority may cancel the order and
thereupon the Administrator shall be divested of the management of the insurance business which shall,
unless otherwise directed by the Authority, again vest in the person in whom it was vested immediately
prior to the appointment of the Administrator or any other person appointed by the insurer in this behalf.]
**52E. Finality of decision appointing Administrator. —Any order or decision of the [1][Authority]**
made in pursuance of section 52A or section 52D shall be final and shall not be called in question in any
Court.
**52F. Penalty for withholding documents of property from Administrator. —If any director or**
officer of the insurer or any other person fails to deliver to the Administrator any books of account,
registers or any other documents, in his custody relating to the business of the insurer the management of
which has vested in the Administrator, or retains any property of such insurer he shall be [2][liable to
penalty of rupees ten thousand each day during which such failure continues or rupees ten lakh,
whichever is less].]
**52G. Protection of action taken under sections 52A to 52D. —(1) No suit, prosecution or other**
legal proceeding shall lie against an Administrator for anything which is in good faith done or intended to
be done in pursuance of [3][section 52A, section 52B, section 52BB or section 52C].
(2) No suit or other legal proceeding shall lie against the [4]*** the [5][Authority] for any damage caused
or likely to be caused by anything which is in good faith done of intended to be done under section 52A,
section 52B, or section 52D.]
6[ACQUISITION OF THE UNDERTAKINGS OF INSURERS IN CERTAIN CASES
**52H. [Power of Central Government to acquire undertakings of insurers in certain cases].** —
_Omitted by the Insurance Laws (Amendment) Act 5 of 2015, s. 65 (w.e.f. 26-12-2014)._
**52I. [Power of Central Government to make scheme.] —Omitted by s. 65,** _ibid._ (w.e.f. 26-12
2014).
**52J. [Compensation to be given to the acquired insurer.] —** _Omitted by s. 65,_ _ibid._
(w.e.f. 26-12-2014).
**52K. [Constitution of the Tribunal.] — Omitted by s. 65, ibid. (w.e.f. 26-12-2014).**
**52L. [Tribunal to have powers of Civil Court.] — Omitted by s. 65, ibid. (w.e.f. 26-12-2014).**
**52M.** [Procedure of the Tribunal.] — Omitted by s. 65 ibid. (w.e.f. 26-12-2014).
**52N. [Special provisions for the dissolution of acquired insurers.] — Omitted by s. 65, ibid.**
(w.e.f. 26-12-2014).]]
WINDING UP
**53. Winding up by the Court.** —[7][(1) The Tribunal may order the winding up in accordance with
8[the Companies Act, 2013 (18 of 2013)] of any insurance company and the provisions of that Act shall,
subject to the provisions of this Act, apply accordingly.]
1. Subs. by Act 5 of 2015, s. 62, for “Central Government” (w.e.f. 26-12-2014).
2. Subs. by s. 63, ibid., for “punishable with imprisonment which may extend to six months, or with fine which may extend to
one thousand rupees, or with both” (w.e.f. 26-12-2014).
3. Subs. by Act 54 of 1955, s. 3, for “sections 52A to 52C inclusive” (w.e.f. 1-11-1955).
4. The words “Central Government or” omitted by Act 5 of 2015, s. 64 (w.e.f. 26-12-2014).
5. Subs .by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
6. Ins. by Act 62 of 1968, s. 22 (w.e.f. 1-6-1969).
7. Subs. by Act 11 of 2003, s. 133 and the Schedule, for sub-section (1) (w.e.f. 1-4-2003).
8. Subs. by Act 5 of 2015, s. 2(b), for “the Companies Act, 1956”, (w.e.f. 26-12-2014).
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1[Explanation. —For the purpose of sections 53 to 61A, “Tribunal” means the National Company
Law Tribunal constituted under sub-section (1) of section 408 of the Companies Act, 2013 (18 of 2013).]
(2) In addition to the grounds on which such an order may be based, the [2][Tribunal] may order the
winding up of an insurance company—
(a) if with the sanction of the [2][Tribunal] previously obtained a petition in this behalf is presented
by shareholders not less in number than one tenth of the whole body of shareholders and holding not
less than one-tenth of the whole share capital or by not less than fifty policy-holders holding policies
of life insurance that have been in force for not less than three years and are of the total value of not
less than fifty thousand rupees; or
(b) if the [3][Authority], who is hereby authorised to do so, applies in this behalf of the [2][Tribunal]
on any of the following grounds, namely: —
4* * * -
(ii) that the company having failed to comply with any requirement of this Act has continued
such failure [5][or having contravened any provision of this Act has continued such contravention]
for a period of three months after notice of such failure [5][or contravention] has been conveyed to
the company by the [3][Authority],
(iii) that it appears from [6][any returns or statements] furnished under the provisions of this
Act or from the results of any investigation made thereunder that the [7][company is, or is deemed
to be insolvent], or
(iv) that the continuance of the company is prejudicial to the interest of the policy-holders [8][or
to the public interest generally].
**9 [53A. Unpaid-up share capital.—Notwithstanding anything contained in any other law, in**
ascertaining for any purpose of this Act the solvency or otherwise of an insurer no account shall be taken
of any assets of the insurer consisting of unpaid up share capital.]
**54. Voluntary winding up.—Notwithstanding anything contained in the** [10] [the Companies Act,
2013 (18 of 2013)], an insurance company shall not be wound up voluntarily except for the purpose of
affecting an amalgamation or a re-construction of the company, or on the ground that by reason of its
liabilities it cannot continue its business.
**55. Valuation of liabilities.— (1) In the winding up of an insurance company or in the insolvency of**
any other insurer the value of the assets and the liabilities of the insurer shall be ascertained in such
manner and upon such basis as the liquidator or receiver in insolvency thinks fit, subject, so far as
applicable, to the rule contained in the [11][Seventh Schedule] and to any directions which may be given by
the [12][Tribunal].
1. Ins. by Act 5 of 2015, s. 66 (w.e.f. 26-12-2014).
2. Subs. by Act 11 of 2003, s. 133 and the Schedule [serial No. 2 (b)], for “Court” (w.e.f. 1-4-2003).
3. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
4. Sub-clause (i) omitted by Act 5 of 2015, s. 66 (w.e.f. 26-12-2014).
5. Ins. by Act 13 of 1941, s. 37 (w.e.f. 8-4-1941).
6. Subs. by Act 62 or 1968, s. 23, for “the returns” (w.e.f. 1-6-1969).
7. Subs. by s. 23, ibid. for “company is insolvent” (w.e.f. 1-6-1969).
8. Ins. by s. 23, ibid. (w.e.f. 1-6-1969).
9. Ins. by Act 6 of 1946, s. 25 (w.e.f. 20-3-1946).
10. Subs. by Act 5 of 2015, s. 2(b), for “the Companies Act, 1956” (w.e.f. 26-12-2014).
11. Subs. by Act 47 of 1950, s. 43, for “Sixth Schedule” (w.e.f. 1-9-1950).
12. Subs. by Act 11 of 2003, s. 133 and the Schedule [Serial no. 4 (a)], for “Court” (w.e.f. 1-4-2003).
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(2) For the purposes of any reduction by the [1][Tribunal] of the amount of the contracts of any
insurance company the value of the assets and liabilities of the company and all claims in respect of
policies issued by it shall be ascertained in such manner and upon such basis as the [1][Tribunal] thinks
proper having regard to the aforesaid.
(3) The rule in the [2][Seventh Schedule] shall be of the same force and may be repealed, altered or
amended as if it were a rule made in pursuance of [3][section 643 of [4][the Companies Act, 2013 (18 of
2013)], and rules may be made under that section for the purpose of carrying into effect the provisions of
this Act with respect to the winding up of insurance companies.
**56. Application of surplus assets of life insurance fund in liquidation or insolvency. —(1) In the**
winding up of an insurance company and in the insolvency of any other insurer the value of the assets and
the liabilities of the insurer in respect of life insurance business shall be ascertained separately from the
value of any other assets or any other liabilities of the insurer and no such assets shall be applied to the
discharge of any liabilities other than those in respect of life insurance business except in so far as those
assets exceed the liabilities in respect of life insurance business.
(2) In the winding up of an insurance company carrying on the business of life insurance or in the
insolvency of any other insurer carrying on such business where any proportion of the profits of the
insurer was before the commencement of the winding up or insolvency allocated to policy-holders if,
when the assets and liabilities of the insurer have been ascertained, there is found to be a surplus of assets
over liabilities (hereinafter referred to as a prima facie surplus) there shall be added to the liabilities of the
insurer in respect of the life insurance business an amount equal to such proportion of the prima facie
surplus as is equivalent to such proportion of the profits allocated to shareholders and policy-holders as
was allocated to policy-holders during the ten years immediately preceding the commencement of the
winding up and the assets of the insurer shall be deemed to exceed his liabilities only in so far as those
assets exceed those liabilities after such addition:
Provided that—
(a) if in any case there has been no such allocation or if it appears to the [5][Tribunal] that by reason of
special circumstances it would be inequitable that the amount to be added to the liabilities of the insurer
in respect of the life insurance business should be an amount equal to such proportion as aforesaid, the
amount to be so added shall be such amount as the [5][Tribunal] may direct, and
(b) for the purpose of the application of this sub-section to any case where before the commencement
of the winding up or insolvency a proportion of such profits as aforesaid of a branch only of the life
insurance business in question has been allocated to policy-holders, the value of the assets and liabilities
of the insurer in respect of that branch shall be separately ascertained in like manner as the value of his
assets and liabilities in respect of the life insurance business was ascertained, and the surplus so found, if
any, of assets over liabilities shall, for the purpose of determining the amount to be added to the liabilities
of the insurer in respect of the life insurance business be deemed to be the prima facie surplus.
**57. Winding up of secondary companies.** **— (1) Where the insurance business or any part of the**
insurance business of an insurance company has been transferred to another insurance company under an
arrangement in pursuance of which the first mentioned company (in this section referred to as the
secondary company) or the creditors thereof has or have claims against the company to which such
1. Subs. by Act 11 of 2003, s. 133 and the Schedule [serial no. 4(a)], for “Court” (w.e.f. 1-4-2003).
2. Subs. by Act 47 of 1950, s. 43, for “Sixth Schedule” (w.e.f. 1-9-1950)
3. Subs. by Act 11 of 2003, s. 133 and the Schedule, for “Section 246 of the Indian Companies Act, 1913 (7 of 1913)”
(w.e.f. 1-4-2003).
4. Subs. by Act 5 of 2015, s. 2(b), for “the Companies Act, 1956” (w.e.f. 26-12-2014)
5. Subs. by s. 133 and the Schedule (serial no. 5), ibid., for “Court” (w.e.f. 1-4-2003).
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transfer was made (in this section referred to as the principal company) then, if the principal company is
being wound up by [1]***, the [2][Tribunal] shall (subject as hereinafter mentioned) order the secondary
company to be wound up in conjunction with the principal company and may by the same or any
subsequent order appoint the same person to be liquidator for the two companies and make provision for
such other matters as may seem to the [2][Tribunal] necessary with a view to the companies being wound
up as if they were one company.
(2) The commencement of the winding up of the principal company shall, save as otherwise ordered
by the [2][Tribunal], be the commencement of the winding up of the secondary company.
(3) In adjusting the rights and liabilities of the members of the several companies among themselves
the [2][Tribunal], shall have regard to the constitution of the companies and to the arrangements entered
into between the companies in the same manner as the [2][Tribunal], has regard to the rights and liabilities
of different classes of contributories in the case of winding up of a single company or as near thereto as
circumstances admit.
(4) Where any company alleged to be secondary is not in process of being wound up at the same time
as the principal company to which it is alleged to be secondary, the [2][Tribunal] shall not direct the
secondary company to be wound up, unless, after hearing all objections (if any) that may be urged by or
on behalf of the company against its being wound up, the [2][Tribunal] is of opinion that the company is
secondary to the principal company and that the winding up of the company in conjunction with the
principal company is just and equitable.
(5) An application may be made in relation to the winding up of any secondary company in
conjunction with the principal company by any creditor of, or person interested in, the principal or
secondary company.
(6) Where a company stands in the relation of a principal company to one insurance company and in
the relation of a secondary company to some other insurance company or where there are several
insurance companies standing in the relation of secondary companies to one principal company,
the [2][Tribunal] may deal with any number of such companies together or in separate groups as it thinks
most expedient upon the principles laid down in this section.
**58. Scheme for partial winding up of insurance companies.** **— (1) If at any time it appears**
expedient that the affairs of an insurance company in respect of any class of business comprised in the
undertaking of the company should be wound up but that any other class of business comprised the
undertaking should continue to be carried on by the company or be transferred to another insurer, a
scheme for such purposes may be prepared and submitted for confirmation of the [3] [Tribunal] in
accordance with the provisions of this Act.
(2) Any scheme prepared under this section shall provide for the allocation and distribution of the
assets and liabilities of the company between any classes of business affected (including the allocation of
any surplus assets which may arise on the proposed winding up), for any future rights of every class of
policy-holders in respect of their policies and for the manner of winding up any of the affairs of the
company which are proposed to be wound up and may contain provisions for altering the memorandum
of the company with respect to its objects and such further provisions as may be expedient for giving
effect to the scheme.
(3) The provisions of this Act relating to the valuation of liabilities of insurers in liquidation and
insolvency and to the application of surplus assets of the life insurance fund in liquidation or insolvency
shall apply to the winding up of any part of the affairs of a company in accordance with the scheme under
this section in like manner as they apply in the winding up of an insurance company, and any scheme
1. The Words “or under the supervision of the Court” omitted by Act 11 of 2003, s. 133 and the Schedule (w.e.f. 1-4-2003).
2. Subs. by s. 133 and the Schedule [serial no. 6(b)], ibid., for “Court” (w.e.f. 1-4-2003).
3. Subs. by s. 133 and the Schedule (serial no. 7), ibid., for “Court” (w.e.f. 1-4-2003).
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under this section may apply with the necessary modifications any of the provisions of [1][the Companies
Act, 2013 (18 of 2013)] relating to the winding up of companies.
2[(4) An order of the Tribunal confirming a scheme under this section whereby the memorandum of a
company is altered with respect to its objects shall as respects the alteration have effect as if it were an
order confirmed under section 4 of the Companies Act, 2013 (18 of 2013), and the provisions of sections
7 and 17 of that Act shall apply accordingly.]
3* - - - *]
**59. [Return of deposits].—** _Omitted by the Insurance Laws (Amendment) Act 5_ _of 2015, s. 68_
(w.e.f. 26-12-2014).
**60. Notice of policy values.** **—** In the winding up of an insurance company for the purposes of a
cash distribution of the assets and in the insolvency of any other insurer the liquidator or assignee as the
case may be in the case of all persons appearing by the books of the company or other insurer to be
entitled to or interested in the policies granted by the company or other insurer shall ascertain the value of
the liability of the company or other insurer to each such person and shall give notice of such value to
those persons in such manner as the [4][Tribunal] may direct and any person to whom notice is so given
shall be bound by the value so ascertained unless he gives notice of his intention to dispute such value in
such manner and within such time as may be specified by a rule or order of the [4][Tribunal].
**61. Power of [4][Tribunal] to reduce contracts of insurance. —(1) Where an insurance company is**
in liquidation or any other insurer is insolvent the [4][Tribunal] may make an order reducing the amount of
the insurance contracts of the company or other insurer upon such terms and subject to such conditions as
the [4][Tribunal] thinks just.
(2) Where a company carrying on the business of life insurance has been proved to be insolvent,
the [4][Tribunal] may if it thinks fit in place of making a winding up order reduce the amount of the
insurance contracts of the company upon such terms and subject to such conditions as the [4][Tribunal]
thinks fit.
(3) Application for an order under this section may be made either by the liquidator or by or on behalf
of the company or by a policy-holder, or by the [5][Authority] and by any person whom the [4][Tribunal]
thinks likely to be affected shall be entitled to be heard on any such application.
**6[61A. Appeal to National Company Law Appellate Tribunal. —(1) Any person aggrieved by an**
order or decision of the Tribunal may prefer an appeal to the National Company Law Appellate Tribunal.
(2) No appeal shall lie to the National Company Law Appellate Tribunal from an order made by the
Tribunal with the consent of parties.
(3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date
on which a copy of the order or decision made by the Tribunal is received by the appellant and it shall be
in such from and accompanied by such fee as may be prescribed.
Provided that the National Company Law Appellate Tribunal may entertain an appeal after the expiry
of said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that
period.
(4) On receipt of an appeal under sub-section (1), the National Company Law Appellate Tribunal
shall, after giving parties to the appeal, an opportunity of being heard, pass such orders thereon as it
thinks fit, confirming, modifying or setting aside the order appealed against.
1. Subs. by Act 5 of 2015, s. 2(a), for “the Indian Companies Act, 1913” (w.e.f. 26-12-2014).
2. Subs. by s. 67, ibid., for sub-section (4) (w.e.f. 26-12-2014).
3. Sub-section (5) omitted by Act 62 of 1968, s. 24 (w.e.f. 1-6-1969).
4. Subs. by Act 11 of 2003, s. 133 and the Schedule (serial no. 7), for “Court” (w.e.f. 1-4-2003).
5. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
6. Ins. by Act 11 of 2003, s. 133 and the schedule (w.e.f. 1-4-2003).
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(5) The National Company Law Appellate Tribunal shall send a copy of every order made by it to the
Tribunal and parties to the appeal.
(6) The appeal filed before the National Company Law Appellate Tribunal under sub-section (1) shall
be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal
finally within six months from the date of the receipt of the appeal.]
SPECIAL PROVISIONS RELATING TO EXTERNAL COMPANIES
**62. Power of Central Government to impose reciprocal disabilities on non-Indian companies.** **—**
Where, by the law or practice of any country outside India in which an insurer carrying on insurance
business in [1] [India] is constituted, incorporated or domiciled, insurance companies incorporated in
1[India] are required as a condition of carrying on insurance business in that country to comply with any
special requirement whether as to the keeping of deposits or assets in that country or otherwise which is
not imposed upon insurers of that country under this Act, the Central Government shall, if satisfied of the
existence of such special requirement, by notification in the Official Gazette, direct that the same
requirement, or requirements as similar thereto as may be, shall be imposed upon insurers of that country
as a condition of carrying on the business of insurance in [1][India].
**63. Particulars to be filed by insurers established outside India. —** Every insurer, having his
principal place of business or domicile outside [1][India] who establishes a place of business within [1][India]
or appoints a [2][representative] in [1][India] with the object of obtaining insurance business, shall, within
three months from the establishment of such place of business or the appointment of
such [2][representative], file with the [3][Authority] —
(a) a certified copy of the charter, statutes, deed of settlement or memorandum and articles or
other instrument constituting or defining the constitution of the insurer, and, if the instrument is not
written in the English language, a certified translation thereof,
(b) a list of the directors, if the insurer is a company,
(c) the name and address of some or more persons resident in [1][India] authorised to accept on
behalf of the insurer service of process and any notice required to be served on the insurer, together
with a copy of the power-of-attorney granted to him,
(d) the full address of the principal office of the insurer in [1][India].,
(e) a statement of the classes of insurance business to be carried on by the insurer, and
(f) a statement verified by an affidavit setting forth the special requirements, if any, of the nature
specified in section 62 imposed in the country of origin of the insurer on Indian nationals,
and, in the event of any alteration being made in the address of the principal office or in the classes of
business to be carried on, or in any instrument here referred to, or in the name of any of the persons here
referred to, or in the matters specified in clause (f) above, the company shall forthwith furnish to
the [3][Authority] particulars of such alteration.
**64. Books to be kept by insurers established outside India. —Every insurer, having his principal**
place of business or domicile outside [1][India], shall keep at his principal office in [1][India]. such books of
account, registers and documents as will enable the accounts, statements and abstracts which he is
required under this Act to furnish to the [3][Authority] in respect of the insurance business transacted by
him, in India to be compiled and, if necessary, checked by the [3][Authority] [4] [and shall furnish to
the [3][Authority] on or before the last day of January in every calendar year a certificate from an auditor to
1. Subs. by Act 62 of 1956, s. 2 and the Schedule, for “the States” (w.e.f. 1-11-1956).
2. Subs. by Act 11 of 1939, s. 23, for “agent”.
3. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000)
4. Added by Act 47 of 1950, s. 44 (w.e.f. 1-6-1950).
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the effect that the said books of account, register and documents are being kept as required at the principal
office of the insurer in India].
1[PART II A
2[LIFE INSURANCE COUNCIL AND GENERAL INSURANCE COUNCIL AND COMMITTEES THEREOF]
**64A. [Incorporation of the Insurance Association of India.]—Omitted by Insurance Laws**
_(Amendment) Act 2015 (5 of 2015) s. 70 (w.e.f. 26-12-2014)._
**64B. [Entry of names of members in the register.]—Omitted by s. 70, ibid. (w.e.f. 26-12-2014).**
**3 [64C. Councils of Life Insurance and General Insurance.—On and from the date of**
commencement of this Act, —
(a) the existing Life Insurance Council, a representative body of the insurers, who carry on the
life insurance business in India; and
(b) the existing General Insurance Council, a representative body of insurers, who carry on
general, health insurance business and re-insurance in India,
shall be deemed to have been constituted as the respective Councils under this Act.
**64D. Authorisation to represent in Councils.—It shall be lawful for any member of the Life**
Insurance Council or the General Insurance Council to authorise any of its officer to act as the
representative of such member at any meeting of the Council concerned.]
**64E. Authorities of the Life Insurance Council and the General Insurance Council. —** The
authorities of the Life Insurance Council and the General Insurance Council shall be the Executive
Committee [4]*** constituted in the manner provided in this Part.
5 [64F. Executive Committees of the Life Insurance Council and the General Insurance
**Council.—(1) The Executive Committee of the Life Insurance Council shall consist of the following**
persons, namely: —
(a) four representatives of members of the Life Insurance Council elected in their individual
capacity by the members in such manner as may be laid down in the bye-laws of the Council;
(b) an eminent person not connected with insurance business, nominated by the Authority;
(c) three persons to represent insurance agents, intermediaries and policyholders respectively as
may be nominated by the Authority;
(d) one representative each from self-help groups and Insurance Co-operative Societies:
Provided that one of the representatives as mentioned in clause (a) shall be elected as the
Chairperson of the Executive Committee of the Life Insurance Council.
1. Ins. by Act 47 of 1950, s. 45 (w.e.f. 1-6-1950).
2. Subs. by Act 5 of 2015, s. 69, for “Insurance Association of India, Councils of The Association and Committees Thereof”
(w.e.f. 26-12-2014).
3. Subs. by s. 71, ibid., for sections 64C and 64D (w.e.f. 26-12-2014).
4. The words “the Tariff Committee and other Committee thereof” omitted by Act 62 of 1968, s. 25 (w.e.f. 1-6-1969).
5. Subs. by Act 5 of 2015, s. 72, for section 64F (w.e.f. 26-12-2014).
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(2) The Executive Committee of the General Insurance Council shall consist of the following persons,
namely: —
(a) four representatives of members of the General Insurance Council elected in their individual
capacity by the members in such manner as may be laid down in the bye-laws of the Council;
(b) an eminent person not connected with insurance business, nominated by the Authority; and
(c) four persons to represent insurance agents, third party administrators, surveyors and loss
assessors and policyholders respectively as may be nominated by the Authority:
Provided that one of the representatives as mentioned in clause (a) shall be elected as the
Chairperson of the Executive Committee of the General Insurance Council.
(3) If anybody of persons specified in sub-sections (1) and (2) fails to elect any of the members of the
Executive Committees of the Life Insurance Council or the General Insurance Council, the Authority may
nominate any person to fill the vacancy, and any person so nominated shall be deemed to be a member of
the Executive Committee of the Life Insurance Council or the General Insurance Council, as the case may
be, as if he had been duly elected thereto.
(4) Each of the said Executive Committees may make bye-laws for the transaction of any business at
any meeting of the said Committee.
(5) The Life Insurance Council or the General Insurance Council may form such other committees
consisting of such persons as it may think fit to discharge such functions as may be delegated thereto.
(6) The Secretary of the Executive Committee of the Life Insurance Council and of the Executive
Committee of the General Insurance Council shall in each case be appointed by the Executive Committee
concerned:
Provided that each Secretary appointed by the Executive Committee concerned shall exercise all such
powers and do all such acts as may be authorised in this behalf by the Executive Committee concerned.]
**64G. Resignation and filling up of casual vacancies.—(1) Any member of the Executive**
Committee of the Life Insurance Council or of the General Insurance Council may resign his membership
of the Committee by notice in writing addressed to the chairman of the Committee to that effect.
(2) Casual vacancies in the Executive Committee of the Life Insurance Council or of the General
Insurance Council, whether caused by resignation, death or otherwise, shall be filled [1][in such manner as
may be laid down in the bye-laws of the Council concerned], and any person so nominated to fill the
vacancy shall hold office until the dissolution of the Committee to which he has been nominated.
(3) No act of the Executive Committee of the Life Insurance Council or of the General Insurance
Council shall be called in question on the ground merely of the existence of any vacancy in, or defect in
the constitution of the Committee concerned.
**64H. Duration and dissolution of Executive Committees. —(1) The duration of the Executive**
Committee of the Life Insurance Council or the General Insurance Council shall be three years from the
date of its first meeting on the expiry of which it shall stand dissolved and a new Executive Committee
constituted.
(2) Notwithstanding the dissolution of the Executive Committee of the Life Insurance Council or the
General Insurance Council, the outgoing members thereof shall continue to hold office and discharge
1. Subs. by Act 5 of 2015, s. 73, for “by nomination by the Authority” (w.e.f. 26-12-2014).
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such administrative and other duties as may be prescribed until such time as a new Executive Committee
of the Life Insurance Council or the General Council, as the case may be, shall have been constituted.
**64-I. [Power of Executive Committee of Life Insurance Councile to hold examinations for**
**insurance agents.] — Omitted by Insurance Laws (Amendment) Act 2015** (5 of 2015) s. 74
(w.e.f. 26-12-2014).
**64J. Functions of Executive Committee of Life Insurance Council. —(1) The functions of the**
Executive Committee of the Life Insurance Council shall be—
(a) to aid, advise and assist insurers carrying on life insurance business in the matter of setting up
standards of conduct and sound practice and in the matter of rendering efficient service to holders of
life insurance policies;
(b) to render advice to the [1][Authority] in the matter of controlling the expenses of insurers in
respect of their life insurance business in India;
(c) to bring to the notice of the [1][Authority] the case of any insurer acting in a manner prejudicial
to the interests of holders of life insurance policies;
(d) to act in any matter incidental or ancillary to any of the matters specified in clauses (a) to (c)
as, with the approval of the [2][Authority], may be notified by the Life Insurance Council in the Gazette
of India.
3[(2) For the purpose of enabling it to effectively discharge its functions, the Executive Committee of
the Life Insurance Council may collect such fees as may be laid down in the bye-laws made by the
Council from the insurers carrying on life insurance business.]
**64K. Executive Committee of Life Insurance Council may advise in controlling expenses. — (1)**
It shall be the duty of the Executive Committee of the Life Insurance Council to meet at least once before
the 31st day of March every year to advise the [1][Authority] in fixing under the proviso to
sub-section (2) of section 40B the limits by which the actual expenses incurred by an insurer carrying on
life insurance business in respect of such business in the preceding year may exceed the limits prescribed
under that sub-section, and in fixing any such limits the [1][Authority] shall have due regard to the
conditions obtaining in life insurance business generally during that year, and he may fix different groups
of insurers.
(2) Where an insurer is guilty of contravening the provisions of section 40B with respect to the
expenses of management, the [1][Authority] may, after giving the insurer an opportunity of being heard,
administer a warning to the insurer.
(3) Where within a period of seven years two warnings have been given to an insurer under
sub-section (2) and they have been disregarded by him, the [1][Authority] may cause an investigation and
valuation, as at such date as the [1][Authority] may specify, to be made at the expense of the insurer by an
actuary appointed by the insurer for this purpose and approved by the [1][Authority], and the insurer shall
place at the disposal of the said actuary all the materials required by him for the purpose of such
investigation and valuation, within such period, not being less than three months, as the [1][Authority] may
specify.
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
2. Subs. by s. 30 and The First Schedule, ibid., for “Central Government” (w.e.f. 19-4-2000).
3. Subs. by Act 5 of 2015, s. 75, for sub-section (2) (w.e.f. 26-12-2014).
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(4) The provisions of sub-sections (1) and (4) of section 13 and of sub-sections (1) and (2) of
section 15, or, as the case may be, of sub-section (2) of section 16 shall apply in relation to an
investigation and valuation under this section:
Provided that the abstract and statement prepared as the result of such investigation and valuation
shall be furnished by such date as the [1][Authority] may specify.
(5) There shall be appended to every such abstract a statement signed by the actuary giving such
information as may be prescribed.
(6) On receipt of the abstract and statement furnished in accordance with sub-section (4), the
1[Authority] may take such action as may be prescribed.
**64L. Functions of the Executive Committee of General Insurance Council.—(1) The functions of**
the Executive Committee of the General Insurance Council shall be—
(a) to aid and advise insurers, carrying on general insurance business, in the matter of setting up
standards of conduct and sound practice and in the matter of rendering efficient service to holders of
policies of general insurance;
(b) to render advice to the [1][Authority] in the matter of controlling the expenses of such insurers
carrying on business in India in the matter of commission and other expenses;
(c) to bring to the notice of the [1][Authority] the case of any such insurer acting in a matter
prejudicial to the interests of holders of general insurance policies;
(d) to act in any matter incidental or ancillary to any of the matters specified in clauses (a) to (c)
as with the approval of the [2][Authority] may be notified by the General Insurance Council in the
Gazette of India.
3[(2) For the purpose of enabling it to effectively discharge its functions, the Executive Committee of
the General Insurance Council may collect such fees as may be laid down in the bye-laws made by the
Council from the insurers carrying on general insurance business.]
**64M. Executive Committee of General Insurance Council may advise in controlling**
**expenses.—(1) It shall be the duty of the Executive Committee of the General Insurance Council to meet**
at least once before the 31st day of March every year to advise the [1][Authority] in fixing under the
proviso to sub-section (1) of section 40 C the limits by which the actual expenses of management incurred
by an insurer carrying on general insurance business in respect of such business in the preceding year may
exceed the limits prescribed under that sub-section, and in fixing any such limits the [1][Authority] shall
have due regard to the conditions obtaining in general insurance business in the preceding year, and he
may fix different limits for different groups of insurers.
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
2. Subs. by ibid., s. 30 and the First Schedule (serial no. 2), for “Central Government (w.e.f. 19-4-2000).
3. Subs. by Act 5 of 2015, s. 76, for sub-section (2) (w.e.f. 26-12-2014).
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(2) Where an insurer is guilty of contravening the provisions of section 40C with respect to the
expenses of management the [1][Authority] may, after giving the insurer an opportunity of being heard,
administer a warning to the insurer.
(3) Where in any case two warnings given to an insurer under sub-section (2) have been disregarded
by hi m, the [1][Authority] may take such action against the insurer as may be prescribed.
**64N. Powers of the Executive Committees to act together in certain cases.—[2][The Authority may**
specify] the circumstances in which, the manner in which, and the conditions subject to which, the
Executive Committee of the Life Insurance Council and the Executive Committee of the General
Insurance Council may hold joint meetings for the purpose of dealing with any matter of common interest
to both Committees, and it shall be lawful for the two Committees at any such joint meeting to delegate
any matter under consideration for the determination of a sub-committee appointed for this purpose from
amongst the members of the two Committees.
**64-O. [Power of General Insurance Council to regulate rates of insurance, etc.]—Omitted by the**
_Insurance (Amendment) Act, 1968 (62 of 1968), s. 27 (w.e.f. 1-6-1969)._
**64P. [Regional Councils.]** **—Omitted by s. 27, ibid. (w.e.f. 1-6-1969).**
**64Q. [Functions of the Regional Councils.]—Omitted by s. 27, ibid. (w.e.f. 1-6-1969).**
**64R. General powers of Life Insurance Council and General Insurance Council. —(1) For the**
efficient performance of its duties, the Life Insurance Council or the General Insurance Council as the
case may be, may—
(a) appoint such officers and servants as may be necessary and fix the conditions of their service;
(b) determine the manner in which any prescribed fee may be collected;
3[(c) keep and maintain up-to-date, a copy of list of all insurers who are members of the either
Council;]
(d) [4][make bye-laws for] —
(i) the holding of elections other than the first elections;
(ii) the summoning and holding of meetings, the conduct of business thereat and the number of
persons necessary to form a quorum;
(iii) the submission by insurers to the Executive Committee of the Life Insurance Council, or the
General Insurance Council, of such statements or information as may be required of them and the
submission of copies thereof by the insurers to the [1][Authority];
(iv) the levy and collection of any fees;
(v) the regulation of any other matter which may be necessary for the purpose of enabling it to
carry out its duties under this Act.
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
2. Subs. by Act 5 of 2015, s. 77, for “the Central Government may prescribe” (w.e.f. 26-12-2014).
3. Subs. by s. 78, ibid., for clause (c) (w.e.f. 26-12-2014).
4. Subs. by s. 78, ibid., for “with the previous approval of the Authority make regulations for” (w.e.f. 26-12-2014).
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(2) The Life Insurance Council or the General Insurance Council may authorise the Executive
Committee concerned [1]*** to exercise any of the powers conferred on the Life Insurance Council or the
General Insurance Council, as the case may be, under clause (a), clause (b), clause (c) of sub-section (1).
**64S. [Power of Central Government to remove difficulties.] —** _Omitted by Insurance Laws_
_(Amendment) Act 2015 (5 of 2015) s. 79_ (w.e.f. 26-12-2014).
**64T. [Power to exempt.] —Omitted by s. 79, ibid. (w.e.f. 26-12-2014).**
2[PART IIB
TARIFF ADVISORY COMMITTEE AND CONTROL OF TARIFF RATES
**64U. [Establishment of Tariff Advisory Committee.] — Omitted by Insurance Laws (Amendment)**
_Act 2015 (5 of 2015) s. 80_ (w.e.f. 26-12-2014).
**64UA. [Composition of the Advisory Committee.] — Omitted by s. 80, ibid. (w.e.f. 26-12-2014).**
**64UB. [Power to make rules in respect of matters in this Part]. — Omitted by s. 80, ibid. (w.e.f.**
26-12-2014).
**64UC. [Power of the Advisory Committee to regulate rates, advantages, etc.] — Omitted by s. 80,**
_ibid. (w.e.f. 26-12-2014)._
**64UD. [Transitional provisions.]— Omitted by s. 80, ibid. (w.e.f. 26-12-2014).**
**64UE. [Power of the Advisory Committee to require information, etc.] — Omitted by s. 80, ibid,**
(w.e.f. 26-12-2014).
**64UF. [Assets and liabilities of the General Insurance Council to vest in the Advisory**
**Committee.] — Omitted by ibid. s. 80 (w.e.f. 26-12-2014).**
**64UG. [Contracts, etc., to be effective by or against the Advisory Committee.] — Omitted by s.**
80, ibid. (w.e.f. 26-12-2014).
**64UH. [Employees, etc., to continue.]— Omitted by s. 80, ibid. (w.e.f. 26-12-2014).**
**64UI. [Duty of person having custody or control of property to deliver such property to the**
**Advisory Committee.] — Omitted by s. 80, ibid, (w.e.f. 26-12-2014).**
**64UJ. [Power** **of the Advisory Committee to constitute Regional Committees.] — Omitted by s.**
80, ibid. (w.e.f. 26-12-2014).
**64UK. [Levy of fees by the Advisory Committee.] — Omitted by s. 80, ibid. (w.e.f. 26-12-2014).**
**64UL. [Power to remove difficulties.] — Omitted by s. 80, ibid. (w.e.f. 26-12-2014).**
**3[64ULA. Transitional provisions. —(1) Notwithstanding anything contained in this Part, until the**
rates, advantage and terms and conditions laid down by the Advisory Committee under section 64UC are
de-notified by the Authority with effect from such date as the Authority may by notification in the
1. The words “or the Tariff Committee appointed under section 64-O” omitted by Act 62 of 1968, s. 28 (w.e.f. 1-6-1969).
2. Ins. by s. 29, ibid, (w.e.f. 1-6-1969).
3. Ins. by Act 5 of 2015, s. 81 (w.e.f. 26-12-2014).
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Official Gazette determine, and the rates, advantages and terms and conditions are decided by the insurer
concerned, the rates, advantages and terms and conditions notified by the Advisory Committee shall
continue to be in force and shall always be deemed to have been in force and any such rates, advantages
and terms and conditions shall be binding on all the insurers.
(2) The Authority shall, in consultation with the Central Government, prepare a scheme for the
existing employees of the Tariff Advisory Committee on its dissolution, keeping in view the interests of
such employees on such terms and conditions as it may, by order, determine.]
1[64UM. Surveyors or loss assessors. —(1) Save as otherwise provided in this section, no person
shall act as a surveyor or loss assessor in respect of general insurance business after the expiry of a period
of one year from the commencement of the Insurance Laws (Amendment) Act, 2015 (5 of 2015), unless
he—
(a) possesses such academic qualifications as may be specified by the regulations made under this
Act; and
(b) is a member of a professional body of surveyors and loss assessors, namely, the Indian
Institute of Insurance Surveyors and Loss Assessors:
Provided that in the case of a firm or company, all the partners or directors or other persons, who
may be called upon to make a survey or assess a loss reported, as the case may be, shall fulfill the
requirements of clauses (a) and (b).
(2) Every surveyor and loss assessor shall comply with the code of conduct in respect of his duties,
responsibilities and other professional requirements, as may be specified by the regulations made under
the Act.
(3) Notwithstanding anything contained in the foregoing provisions, a class or class of persons acting
as a licensed surveyor or loss assessor prior to the commencement of the Insurance Laws (Amendment)
Act, 2015 (5 of 2015) shall continue to act as such for such period as may be specified by the regulations
made under this Act:
Provided that the surveyor or loss assessor shall, within the period as may be notified by the
Authority, satisfy the requirements of clause (a) and clause (b) of sub-section (1), failing which, the
surveyor or loss assessor shall be automatically disqualified to act as a surveyor or loss assessor.
(4) No claim in respect of a loss which has occurred in India and requiring to be paid or settled in
India equal to or exceeding an amount specified in the regulations by the Authority in value on any policy
of insurance, arising or intimated to an insurer at any time after the expiry of a period of one year from
the commencement of the Insurance Laws (Amendment) Act, 2015 (5 of 2015), shall, unless otherwise
directed by the Authority, be admitted for payment or settled by the insurer unless he has obtained a
report, on the loss that has occurred, from a person who holds a licence issued under this section to act as
a surveyor or loss assessor (hereafter referred to as “approved surveyor or loss assessor”):
Provided that nothing in this sub-section shall be deemed to take away or abridge the right of the
insurer to pay or settle any claim at any amount different from the amount assessed by the approved
surveyor or loss assessor.
(5) The Authority may, at any time, in respect of any claim of the nature referred to in sub-section (4),
call for an independent report from any other approved surveyor or loss assessor specified by him and
such surveyor or loss assessor shall furnish such report to the Authority within such time as may be
specified by the Authority or if no time limit has been specified by him within a reasonable time and the
cost of, or incidental to, such report shall be borne by the insurer.
1. Subs. by Act 5 of 2015, s. 82, for section 64UM (w.e.f. 26-12-2014).
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(6) The Authority may, on receipt of a report referred to in sub-section (5), issue such directions as it
may consider necessary with regard to the settlement of the claim including any direction to settle a claim
at a figure less than, or more than, that at which it is proposed to settle it or it was settled and the insurer
shall be bound to comply with such directions:
Provided that where the Authority issues a direction for settling a claim at a figure lower than that at
which it has already been settled, the insurer shall be deemed to comply with such direction if he satisfies
the Authority that all reasonable steps, with due regard to the question whether the expenditure involved
is not disproportionate to the amount required to be recovered, have been taken with due dispatch by him:
Provided further that no direction for the payment of a lesser sum shall be made where the amount of
the claim has already been paid and the Authority is of opinion that the recovery of the amount paid in
excess would cause undue hardship to the insured:
Provided also that nothing in this section shall relieve the insurer from any liability, civil or criminal,
to which he would have been subject but for the provisions of this sub-section.
(7) No insurer shall, after the expiry of a period of one year from the commencement of the Insurance
Laws (Amendment) Act, 2015 (5 of 2015) pay to any person any fee or remuneration for surveying,
verifying or reporting on a claim of loss under a policy of insurance unless the person making such
survey, verification or report is an approved surveyor or loss assessor.
(8) Where, in the case of a claim of less than the amount specified in sub-section (4) in value on any
policy of insurance it is not practicable for an insurer to employ an approved surveyor or loss assessor
without incurring expenses disproportionate to the amount of the claim, the insurer may employ any other
person (not being a person disqualified for the time being for being employed as a surveyor or loss
assessor) for surveying such loss and may pay such reasonable fee or remuneration to the person so
employed as he may think fit.
(9) The Authority may in respect of any claim of value of less than the amount specified in
sub-section (4) on an insurance policy, if the claim has not been or is not proposed to be reported upon by
a surveyor or loss assessor, direct that such claim shall be reported upon by an approved surveyor or loss
assessor and where the Authority makes such direction, the provisions of sub-sections (5) and (6) shall
apply in respect of such claim.
(10) Where, in relation to any class of claims, the Authority is satisfied that it is customary to entrust
the work of survey or loss assessment to any person other than a licensed surveyor or loss assessor, or it is
not practicable to make any survey or loss assessment, it may, by an order, exempt such class of claims
from the operation of this section.]
PART IIC
SOLVENCY MARGIN, ADVANCE PAYMENT OF PREMIUM AND RESTRICTIONS
ON THE OPENING OF A NEW PLACE OF BUSINESS
**1[64V. Assets and liabilities how to be valued. —(1) For the purpose of ascertaining compliance**
with the provisions of section 64VA, assets shall be valued at value not exceeding their market or
realisable value and certain assets may be excluded by the Authority in the manner as may be specified by
the regulations made in this behalf.
(2) A proper value shall be placed on every item of liability of the insurer in the manner as may be
specified by the regulations made in this behalf.
1. Subs. by Act 5 of 2015, s. 83, for sections 64V and 64VA (w.e.f. 26-12-2014).
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(3) Every insurer shall furnish to the Authority along with the returns required to be filed under this
Act, a statement, certified by an Auditor, approved by the Authority, in respect of general insurance
business or an actuary approved by the Authority in respect of life insurance business, as the case may be,
of his assets and liabilities assessed in the manner required by this section as on the 31st day of March of
each year within such time as may be specified by the regulations.
**64VA. Sufficiency of assets. —(1) Every insurer and re-insurer shall at all times maintain an excess**
of value of assets over the amount of liabilities of, not less than fifty per cent. of the amount of minimum
capital as stated under section 6 and arrived at in the manner specified by the regulations.
(2) An insurer or re-insurer, as the case may be, who does not comply with sub-section (1), shall be
deemed to be insolvent and may be wound-up by the court on an application made by the Authority.
(3) The Authority shall by way of regulation made for the purpose, specify a level of solvency margin
known as control level of solvency on the breach of which the Authority shall act in accordance with the
provisions of sub-section (4) without prejudice to taking of any other remedial measures as deemed fit:
Provided that if in respect of any insurer the Authority is satisfied that either by reason of an
unfavourable claim experience or because of a sharp increase in the volume of new business, or for any
other reason, compliance with the provisions of this sub-section shall cause undue hardship to the insurer,
it may direct that for such period and subject to such conditions as it may specify, the provisions of this
sub-section shall apply to that insurer with such modifications provided that such modifications shall not
result in the control level of solvency being less than what is stipulated under sub-section (1).
(4) If, at any time, an insurer or re-insurer does not maintain the required control level of solvency
margin, he shall, in accordance with the directions issued by the Authority, submit a financial plan to the
Authority, indicating a plan of action to correct the deficiency within a specified period not exceeding six
months.
(5) An insurer who has submitted a plan, as required under sub-section (4), the Authority shall
propose modifications to the plan, if the Authority considers the same inadequate, and in such an
eventuality, the Authority shall give directions, as may be deemed necessary, including direction in regard
to transacting any new business, or, appointment of an administrator or both.
(6) An insurer or re-insurer, as the case may be, who does not comply with the provisions of
sub-section (4) shall be deemed to have made default in complying with the requirements of this section.
(7) The Authority shall be entitled at any time to take such steps as it may consider necessary for the
inspection or verification of the assets and liabilities of any insurer or re-insurer, or for securing the
particulars necessary to establish that the requirements of this section have been complied with as on any
date, and the insurer or re-insurer, as the case may be, shall comply with any requisition made in this
behalf by the Authority, and in the event of any failure to do so within two months from the receipt of the
requisition, the insurer or re-insurer, as the case may be, shall be deemed to have made default in
complying with the requirements of this section.
(8) In applying the provisions of sub-section (1) to any insurer or re-insurer, as the case may be, who
is a member of a group, the relevant amount for that insurer shall be an amount equal to that proportion of
the relevant amount which that group, if considered as a single insurer, would have been required to
maintain as the proportion of his share of the risk on each policy issued by the group bears to the total risk
on that policy:
Provided that when a group of insurers ceases to be a group, every insurer in that group who
continues to carry on any class of insurance business in India shall comply with the requirements of subsection (1) as if he had not been an insurer in a group at any time:
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Provided further that it shall be sufficient compliance of the provisions of the foregoing proviso if the
insurer brings up the excess of the value of his assets over the amount of his liabilities to the required
amount within a period of six months from the date of cessation of the group:
Provided also that the Authority may, on sufficient cause being shown, extend the said period of six
months by such further periods as it may think fit, so, however that the total period may not in any case
exceed one year.
(9) Every insurer shall furnish to the Authority return giving details of solvency margin in such form,
time, manner including its authentication as may be specified by the regulations.]
**64VB. No risk to be assumed unless premium is received in advance.—(1) No insurer shall**
assume any risk in India in respect of any insurance business on which premium is not ordinarily payable
outside India unless and until the premium payable is received by him or is guaranteed to be paid by such
person in such manner and within such time as may be prescribed or unless and until deposit of such
amount as may be prescribed, is made in advance in the prescribed manner.
(2) For the purposes of this section, in the case of risks for which premium can be ascertained in
advance, the risk may be assumed not earlier than the date on which the premium has been paid in cash or
by cheque to the insurer.
_Explanation. —Where the premium is tendered by postal money order or cheque sent by post, the_
risk may be assumed on the date on which the money order is booked or the cheque is posted, as the case
may be.
(3) Any refund of premium which may become due to an insured on account of the cancellation of a
policy or alteration in its terms and conditions or otherwise shall be paid by the insurer directly to the
insured by a crossed or order cheque or by postal money order and a proper receipt shall be obtained by
the insurer from the insured, and such refund shall in no case be credited to the account of the agent.
(4) Where an insurance agent collects a premium on a policy of insurance on behalf of an insurer, he
shall deposit with, or dispatch by post to, the insurer, the premium so collected in full without deduction
of his commission within twenty-four hours of the collection excluding bank and postal holidays.
(5) The Central Government may, by rules, relax the requirements of sub-section (1) in respect of
particular categories in insurance policies.
1[(6) The Authority may, from time to time, specify, by the regulations made by it, the manner of
receipt of premium by the insurer.]
**2 [64VC. Restrictions on opening of new place of business.—No insurer shall, after the**
commencement of the Insurance (Amendment) Act, 1968 (62 of 1968), open a new place of business or
close a place in India or outside India or change otherwise than within the same city, town or village, the
location of an existing place of business situated in India or outside India, except in the manner as may be
specified by the regulations.]
[PART III.— PROVIDENT SOCIETIES] Omitted by the Insurance Laws (Amendment) Act, 2015 (5 of
2015) s. 85 (w.e.f. 26-12-2014).
**65. [Definition of “provident society”.] Omitted s. 85, ibid. (w.e.f. 26-12-2014).**
1. Ins. by Act 42 of 2002, s. 13 (w.e.f. 23-9-2002).
2. Subs. by Act 5 of 2015, s. 84, for section 64VC (26-12-2014).
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**65A. [Prohibition of transaction of insurance business by provident societies other than public**
_companies or co-operative societies.] omitted by the Insurance Laws (Amendment) Act, 2015 (5 of 2015)_
_s. 85 (w.e.f. 26-12-2014).]_
**66. [Restrictions on provident societies.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**67. [Name.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**68. [Insurable interest.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**69. [Dividing Business.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**70. [Registration.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**70A. [Renewal of registration.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**70B. [Supplementary information and reports of alterations in particulars furnished with application**
_for registration.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014)._
**71. [Prohibition of managing agents.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**72. [Working capital.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**73. [Deposits.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**73A. [Restriction on name of provident society.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**74. [Rules.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**75. [Amendment of rules.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**76. [Supply of copy of rules.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**77. [Registered office.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**78. [Publication of authorized capital to contain also subscribed and paid up capital.] Omitted by**
_s. 85, ibid. (w.e.f. 26-12-2014)._
**79. [Registered and books.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**80. [Revenue account, balance-sheet and annual statements.] Omitted by s. 85, ibid. (w.e.f. 26-12-**
2014).
**81. [Actuarial report and abstract.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**82. [Submission of returns to Authority.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**83. [Actuarial examination of schemes.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**84. [Separation of accounts and funds.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**85. [Investment funds.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**86. [Inspection of books.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
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**87. [Inquiry by or on behalf of Superintendent of Insurance.] Omitted by the Insurance Laws**
_(Amendment) Act, 2015 (5 of 2015) s. 85 (w.e.f. 26-12-2014)._
**87A. [Amalgamation and transfer of insurance business.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**88. [Winding up by Court and voluntary winding up.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**89. [Reduction of Insurance contracts.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**90. [Appointment of liquidator.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**90A. [Application of Act to liquidators.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**91. [Powers of liquidator.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**92. [Procedure at liquidation.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**93. [Dissolution of provident society.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
**94. [Nominations and assignments.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
[PART IIIA.— INSURANCE CO-OPERATIVE SOCIETIES] Omitted by the Insurance Laws (Amendment) Act,
2015 (5 of 2015) s. 85 (w.e.f. 26-12-2014).
**94A. [Insurance co-operative society to be an insurer.] Omitted by s. 85, ibid. (w.e.f. 26-12-2014).**
[PART IV.— MUTUAL INSURANCE COMPANIES AND CO-OPERATIVE LIFE INSURANCE SOCIETIES.] Omitted by
_the Insurance Laws (Amendment) Act, 2015 (5 of 2015) s. 85 (w.e.f. 26-12-2014)._
**95. [Definitions.] omitted by the Insurance Laws (Amendment) Act, 2015 (5 of 2015) s. 86, ibid. (w.e.f.**
26-12-2014).]
**96. [Application of Act to Mutual Insurance Companies and Co-operative Life Insurance Societies.]**
_Omitted by s. 86, ibid. (w.e.f. 26-12-2014)._
**97. [Working Capital of Mutual Insurance Companies and Co-operative Life Insurance Societies.]**
_Omitted by s. 86, ibid. (w.e.f. 26-12-2014)._
**98. [Deposits to be made by Mutual Insurance Companies and Co-operative Life insurance Societies.]**
_Omitted by s. 86, ibid. (w.e.f. 26-12-2014)._
**98A. [Prohibition of loans.] Omitted by s. 86, ibid. (w.e.f. 26-12-2014).**
**99. [Transferees and assignees of policies not to become members.] Omitted by s. 86, ibid. (w.e.f. 26-**
12-2014).
**100. [Publication of notices and documents of Mutual Insurance Companies and Co-operative Life**
_Insurance Societies.] Omitted by s. 86, ibid. (w.e.f. 26-12-2014)._
**101. [Supply of documents to members.] Omitted by s. 86, ibid. (w.e.f. 26-12-2014).**
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1[PART IVA
RE-INSURANCE
**101A. Re-insurance with Indian re-insurers.—(1) Every insurer shall re-insure with Indian**
re-insurers such percentage of the sum assured on each policy as may be specified by the [2][the Authority
with the previous approval of the Central Government] under sub-section (2).
(2) For the purposes of sub-section (1), [3] [the Authority] may, by notification in the Official
Gazette, —
(a) specify the percentage of the sum assured on each policy to be re-insured and different
percentages may be specified for different classes of insurance:
Provided that no percentage so specified shall exceed thirty per cent. of the sum assured on such
policy; and
(b) also specify the proportions in which the said percentage shall be allocated among the Indian
re-insurers.
(3) Notwithstanding anything contained in sub-section (1), an insurer carrying on fire insurance
business in India may, in lieu of re-insuring the percentage specified under sub-section (2) of the sum
assured on each policy in respect of such business, re-insure with Indian re-insurers such amount out of
the first surplus in respect of that business as he thinks fit, so however that, the aggregate amount of the
premiums payable by hi m on such re-insurance in any year is not less than the said percentage of the
premium income (without taking into account premiums on re-insurance ceded or accepted) in respect of
such business during that year.
_Explanation.—For the purposes of this sub-section, the year 1961 shall be deemed to mean the period_
from 1st April to-the 31st December of that year.
(4) A notification under sub-section (2) may also specify the terms and conditions in respect of any
business of re-insurance required to be transacted under this section and such terms and conditions shall
be binding on Indian re-insurers and other insurers.
(5) No notification under sub-section (2) shall be issued except after consultation with the Advisory
Committee constituted under section 101B.
(6) Every notification issued under this section shall be laid before each House of Parliament, as soon
as may be, after it is made.
(7) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall be construed
as preventing an insurer from re-insuring with any Indian re-insurer or other insurer the entire sum
assured on any policy or any portion thereof in excess of the percentage specified under sub-section (2).
(8) In this section,
1. Ins. by Act 11 of 1961, s. 2 (w.e.f. 1-4-1961).
2. Subs. by Act 41 of 1999, s. 30 and The First Schedule, for “the Central Government” (w.e.f. 19-4-2000).
3. Subs. by s. 30 and the First Schedule, ibid., for “the Central Government” (w.e.f. 19-4-2000).
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(i) “policy” means a policy issued or renewed on or after the 1st day of April, 1961, in respect of
general insurance business transacted in India and does not include a re-insurance policy; and
1[(ii) “Indian re-insurer” means an Indian insurance company which has been granted a certificate
of registration under sub-section (2A) of section 3 by the Authority to carry on exclusively the reinsurance business in India.]
**101B. Advisory Committee.** (1) [2] [The Authority with the previous approval of the Central
Government] shall, for the purposes of section 101 A, constitute an Advisory Committee consisting of not
more than five persons having special knowledge and experience of the business of insurance.
(2) The term of office of, and the allowances payable to, members of the Advisory Committee, the
procedure to be followed by, and the quorum necessary for the transaction of business of, the Committee
and the manner of filling casual vacancies therein shall be such as may be [3][determined by the regulations
made by the Authority].
4[101C. Examination of re-insurance treaties.— The 5[Authority] may, at any time, —
(a) call upon an insurer to submit for his examination at the principal place of business of the
insurer in India all re-insurance treaties and other re-insurance contracts entered into by the insurer;
(b) examine any officer of the insurer on oath in relation to any such document as is referred to in
clause (a) above; or
(c) by notice in writing, require any insurer to supply him with copies of any of the documents
referred to in clause (a), certified by a principal officer of the insurer.]
PART V
MISCELLANEOUS
6[102. Penalty for default in complying with, or act in contravention of, this Act. —If any person,
who is required under this Act, or rules or regulations made thereunder, —
(a) to furnish any document, statement, account, return or report to the Authority, fails to furnish
the same; or
(b) to comply with the directions, fails to comply with such directions;
(c) to maintain solvency margin, fails to maintain such solvency margin;
(d) to comply with the directions on the insurance treaties, fails to comply with such directions on
the insurance treaties,
he shall be liable to a penalty [7][of one lakh rupees for each day during which such failure continues or one
crore rupees, whichever is less].
8[103. Penalty for carrying on insurance business in contravention of section 3.—If a person
carries on the business of insurance without obtaining a certificate of registration under section 3, he shall
1. Subs. by Act 42 of 2002, s. 15, for cause (ii) (w.e.f. 23-9-2002).
2. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “The Central Government” (w.e.f. 19-4-2000).
3. Subs. by s. 30 and the First Schedule, ibid., for “prescribed” (w.e.f. 19-4-2000).
4. Ins. by Act 62 of 1968, s. 33 (w.e.f. 1-6-1969).
5. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
6. Subs. by s. 30 and the First Schedule, ibid., for sections 102 to 105 (w.e.f. 19-4-2000).
7. Subs. by Act 5 of 2015, s. 87, for “not exceeding five lakh rupees for each such failure and punishable with fine”
(w.e.f. 26-12-2014).
8. Subs. by s. 88, ibid., for sections 103 and 104 (w.e.f. 26-12-2014).
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be liable to a penalty not exceeding rupees twenty-five crores and with imprisonment which may extend
to ten years.
**104. Penalty for contravention of sections 27, 27A, 27B, 27D and 27E. —If a person fails to**
comply with the provisions of section 27, section 27A, section 27B, section 27D and section 27E, he shall
be liable to a penalty not exceeding twenty-five crore rupees.]
**105. Wrongfully obtaining or withholding property.—If any director, managing director, manager**
or other officer or employee of an insurer wrongfully obtains possession of any property or wrongfully
applies to any purpose of the Act, he shall be liable to a penalty [1][not exceeding one crore rupees].
**105A. Offences by companies. —(1) Where any offence under this Act has been committed by a**
company, every person who, at the time the offence was committed, was in charge of, and was
responsible to, the company for the conduct of the business of the company as well as the company shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of
that offence and shall be liable to be proceeded against and punished accordingly.
_Explanation.—For the purposes of this section, —_
(a) “company” means any body corporate, and includes—
(i) a firm; and
(ii) an association of persons or a body of individuals whether incorporated or not; and
(b) “director”, in relation to—
(i) a firm, means a partner in the firm;
(ii) an association of persons or a body of individuals, means any member controlling the
affairs thereof.
**2[105B. Penalty for failure to comply with sections 32B, 32C and 32D. —If an insurer fails to**
comply with the provisions of section 32B, section 32C and section 32D, he shall be liable to a penalty
not exceeding twenty-five crore rupees.
**105C. Power to adjudicate. —(1) For the purpose of adjudication under sub-section (2) of section**
2CB, sub-section (4) of section 34B, sub-section (3) of section 40, sub-section (2) of section 41,
sub-sections (4) and (5) of section 42, sub-sections (8) and (9) of section 42D, section 52F and section
105B, the Authority, shall appoint any officer not below the rank of a Joint Director or an equivalent
1. Subs. by Act 5 of 2015, s. 89, for “not exceeding two lakh rupees for each such failure” (w.e.f. 26-12-2014).
2. Subs. by s. 90, ibid., for sections 105B and 105C (w.e.f. 26-12-2014).
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officer to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any
person concerned a reasonable opportunity of being heard.
(2) Upon receipt of the inquiry report from the officer so appointed, the Authority, after giving an
opportunity of being heard to the person concerned, may impose any penalty provided in sections
aforesaid.
(3) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the
attendance of any person acquainted with the facts and circumstances of the case to give evidence or to
produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to
the subject matter of the inquiry and if on such inquiry, is satisfied that the person has failed to comply
with the provisions of any of the sections specified in sub-section (1), he may recommend such penalty as
he thinks fit in accordance with the provisions of any of those sections.
**105D. Factors to be taken into account by the adjudicating officer.—While recommending the**
quantum of penalty under section 105C, the adjudicating officer and while imposing such penalty, the
Authority shall have due regard to the following factors, namely: —
(a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a
result of the default;
(b) the amount of loss caused to the policyholders as a result of the default; and
(c) the repetitive nature of default.]
**1[106** **. Power of court to order restoration of property of insurer or compensation in certain**
**cases. —(1) If, on the application of the [2][Authority] or an Administrator appointed under section 52 A or**
an insurer or any policy-holder or any member of an insurance company or the liquidator of an insurance
company (in the event of the insurance company being in liquidation), the court is satisfied—
(a) that any insurer (including in any case where the insurer is an insurance company any person who
has taken part in the promotion or formation of the insurance company or any past or present director,
managing agent, manager, secretary or liquidator) or any officer, employee or agent of the insurer, —
(i) has misapplied or retained or become liable or become accountable for any money or property
of the insurer; or
(ii) has been guilty of any misfeasance or breach of trust in relation to the insurer; or
(b) that any person, whether he is or has been in any way connected with the affairs of the insurer not,
is in wrongful possession of any money or property of the insurer or having any such money or property
in hi s possession wrongfully withholds it or has converted it to any use other than that of the insurer; or
(c) that by reason of any contravention of the provisions of this Act, the amount of the life insurance
fund has been diminished,
the court may examine any such insurer, director, managing agent, manager, secretary or liquidator or any
such officer, employee or agent of the insurer or such other person, as the case may be, and may compel
hi m to contribute such sums to the assets of the insurer by way of compensation in respect of the
misapplication, retainer, misfeasance or breach of trust as the court thinks fit, or to pay such sum as may
be found due from hi m in respect of any money or property of the insurer for which he is liable or
accountable or to restore any money or property of the insurer or any part thereof, as the case may be; and
1. Subs. by Act 54 of 1955, s. 4, for section 106 (w.e.f. 1-11-1955).
2. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
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where the amount of the life insurance fund has been diminished by reason of any contravention of the
provisions of this Act, the court shall have power to assess the sum by which the amount of the fund has
been diminished and to order the person guilty of such contravention to contribute to the fund the whole
or any part of that sum by way of compensation; and in any of the aforesaid cases the court shall have
power to order interest to be paid at such rate and from such time as the court may deem fit.
(2) Without prejudice to the provisions contained in sub-section (1) or subsection (3), where it is
proved that any money or property of an insurer has disappeared or has been lost, the court shall presume
that every person in charge of, or having a disposing power over, such money or property at the relevant
time (whether a director, manager, principal officer or any other officer) has become accountable for such
money or property within the meaning of sub-clause (1) of clause (a) of sub-section (1), and the
provisions of that sub-section shall apply accordingly, unless such person proves that the money or
property has been utilised or disposed of in the ordinary course of the business of the insurer and for the
purpose of that business or that he took all reasonable steps to prevent the disappearance or loss of such
money or all property or otherwise satisfactorily accounts for such disappearance or loss.
(3) Where the insurer is an insurance company and any of the acts referred to in clauses (a), (b) and
(c) of sub-section (1) has been committed by any person, every person who was at the relevant time a
director, managing agent, manager, liquidator, secretary or other officer of the insurance company shall,
for the purposes of that sub-section, be deemed to be liable for that act in the same manner and to the
same extent as the person who has committed the act, unless he proves that the act was committed
without hi s consent or connivance and was not facilitated by any neglect or omission on hi s part.
(4) Where at any stage of the proceedings against any person under this section (he rein after referred
to as the delinquent), the Court is satisfied by affidavit or otherwise—
(a) that a prima facie case has been made out against the delinquent; and
(b) that it is just and proper so to do in the interests of the policy-holders of an insurer or of the
members of an insurance company,
the court may direct the attachment of—
(i) any property of the insurer in the possession of the delinquent;
(ii) any property of the delinquent which belongs to hi m or is deemed to belong to hi m
within the meaning of sub-section (5);
(iii) any property transferred by the delinquent within two years before the commencement of
proceedings under sub-section (1) or during the pendency of such proceedings, if the Court is
satisfied by affidavit or otherwise that the transfer was otherwise than in good faith and for
consideration.
(5) For the purposes of sub-section (4), the following classes of property shall be deemed to belong to
a delinquent: —
(a) any property standing in the name of any person which is reason of the person being
connected with the delinquent, whether by way of relationship or otherwise, or on account of any
other relevant circumstances appears to belong to the delinquent;
(b) the property of a private company in respect of the affairs of which the delinquent, by himself
or through hi s nominees, relatives, partners or persons interested in any shares of the company is able
to exercise or is entitled to acquire control, whether direct or indirect.
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_Explanation. — For the purposes of this section a person shall be deemed to be a nominee of a_
delinquent, if, whether directly or indirectly, he possesses on behalf of the delinquent, or may be required
to exercise on the direction or on behalf of the delinquent, any right or power which is of such a nature as
to enable the delinquent to exercise or to entitle the delinquent to acquire control over the company's
affairs.
(6) Any claim to any property attached under this section or any objection to such attachment shall
be made by an application to the court, and it shall be for the claimant or objector to adduce evidence to
show that the property is not liable to attachment under this section, and the court shall proceed to
investigate the claim or objection in a summary manner.
(7) When disposing of an application under sub-section (1), the court shall, after giving all persons
who appear to it to be interested in any property attached under this section an opportunity of being heard,
make such order as it thinks fit respecting the disposal of any such property for the purpose of effectually
enforcing any liability under this section, and all such persons shall be deemed to be parties to the
proceedings under this section.
(8) In any proceedings under this section the court shall have full power and exclusive jurisdiction to
decide all questions of any nature whatsoever arising thereunder and, in particular, with respect to any
property attached Under this section, and no other court shall have jurisdiction to decide any such
question in any suit or other legal proceeding.
(9) In making any order with respect to the disposal of the property of any private company referred
to in clause (b) of sub-section (5), the court shall have due regard to the interests of all persons interested
in such property other than the delinquent and persons referred to in that clause.
(10) This section shall apply notwithstanding that the act is one for which the person concerned may
be criminally liable.
(11) In proceedings under this section the court shall have all the powers which a Court has under
section 237 of [1][the Companies Act, 2013 (18 of 2013)].
(12) This section shall apply in respect of a provident society as defined in Part III as it applies in
respect of an insurer.
(13) On and from and commencement of the Insurance (Second Amendment) Act, 1955, the Court
entitled to exercise jurisdiction under this section shall be the High Court within whose jurisdiction the
registered office of the insurer is situate (he rein after referred to as the High Court) and any proceedings
under this section pending at such commencement in any Court other than the High Court shall, on such
commencement, stand transferred to the High Court.
(14) The High Court may make rules providing for—
(a) the manner in which enquiries and proceedings may be held under this section;
(b) any other matter for which provision has to be made for enabling the High Court to effectively
exercise its jurisdiction under this section.]
**2[106A. Notice to and hearing of 3[Authority].—(1) When application is made to the court for the**
making of any order to which this section applies, the court shall, unless the [3][Authority] has himself
made the application or has been made a party thereto, send a copy of the application together with
1. Subs. by Act 5 of 2015, s. 2(a), for “the Indian Companies Act, 1913” (w.e.f. 26-12-2014)
2. Ins. by Act 20 of 1940, s. 14 (w.e.f. 10-4-1940).
3. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
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intimation of the date fixed for the hearing thereof to the [2][Authority], and shall give him an opportunity
of being heard.
(2) The orders to which this section applies are the following, namely: —
1* - - -
2* - - -
(c) an order under section 36 sanctioning any arrangement for the transfer or amalgamation of life
insurance business or any order consequential thereon;
(d) an order for the winding up of an insurance company [3]***;
(e) an order under section 58 confirming a scheme for the partial winding up of an insurance
company;
4* - - -
**107.** **[Previous section of Advocate General for institution of proceedings.] —omitted** _by the_
_Insurance Laws (Amendment) Act, 2015_ (5 of 2015) s. 92 (w.e.f. 26-12-2014).
**107A. [Chairman, etc. to be public servant.]** _— omitted by s. 92, ibid. (w.e.f. 26-12-2014)_
**108. Power of court to grant relief.** **_— If any proceedings, civil or criminal, it appears to the court_**
hearing the case that a person is or may be liable in respect of negligence, default, breach of duty or
breach of trust but that he has acted honestly and reasonably and that having regard to all the
circumstances of the case he ought fairly to be excused for the negligence, default, breach of duty or
breach of trust, the court may relievehim either wholly or partly from his liability on such terms as it may
think fit.
**5[109. Cognizance of offence.** **_—_** No court shall take cognizance of any offence punishable under
this Act or any rules or any regulations made thereunder, save on a complaint made by an officer of the
Authority or by any person authorised by it.]
**6 [110. Appeal to Securities Appellate Tribunal. —** (1) Any person aggrieved—
(a) by an order of the Authority made on and after the commencement of the Insurance Laws
(Amendment) Act, 2015 (5 of 2015), or under this Act, the rules or regulations made thereunder; or
(b) by an order made by the Authority by way of adjudication under this Act,
may prefer an appeal to the Securities Appellate Tribunal having jurisdiction in the matter.
(2) Every appeal made under sub-section (1) shall be filed within a period of forty-five days from the
date on which a copy of the order made by the Authority is received by him and it shall be in such a form
and be accompanied by such fees as may be prescribed:
Provided that the Securities Appellate Tribunal may entertain an appeal after the expiry of the said
period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.
1. Clause (a) omitted by Act 5 of 2015, s. 91 (w.e.f. 26-12-2014).
2. Clause (b) omitted by s. 91, ibid. (w.e.f. 26-12-2014).
3. The words “or a provident society” omitted by s. 91, ibid. (w.e.f. 26-12-2014).
4. Clause (f) omitted by s. 91, ibid. (w.e.f. 26-12-2014).
5. Subs. by s. 93, ibid., for section 109 (w.e.f. 26-12-2014).
6. Subs. by s. 94, ibid., for section 110 (w.e.f. 26-12-2014).
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(3) On receipt of an appeal under sub-section (1), the Securities Appellate Tribunal may, after giving
parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, conforming,
modifying or setting aside the order appealed against.
(4) The Securities Appellate Tribunal shall make available copy of order made by it to the Authority
and parties.
(5) The appeal filed before the Securities Appellate Tribunal under sub-section (1) shall be dealt with
by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within
six months from the date of receipt of appeal.
(6) The procedure for filing and disposing of an appeal shall be such as may be prescribed.
(7) The provision contained in section 15U, section 15V, section 15W, section 15Y and section
15Z of the Securities and Exchange Board of India Act, 1992 (15 of 1992) shall apply to the appeals
arising out of the provisions of this Act, as they apply to the appeals under the Securities and Exchange
Board of India Act, 1992 (15 of 1992).]
**1[110A. Delegation of powers and duties of 2[Chairperson of the Authority]. — The 2[Chairperson of**
the Authority] may by general or special order delegate any of his powers or duties under this Act to any
person subordinate to him. The exercise or discharge of any of the powers or duties so delegated shall be
subject to such restrictions, limitations and conditions, if any, as the [2][Chairperson of the Authority] may
impose, and shall be subject to his control and revision.
**110B. Signature of documents.** **_—Every document which is required by this Act or by any rule_**
made thereunder to be signed by the [2][Chairperson of the Authority] or by any person subordinate to him
or by any officer authorised by him under sub-section (1) of section 42 shall be deemed to be properly
signed, if it bears a facsimile of the signature of such [2][Chairperson of the Authority], person or officer
printed, engraved, lithographed or impressed by any other mechanical process approved by the Central
Government.]
**3[110C. Power to call for information.** **_—(1) The 2[Chairperson of the Authority] may, by notice in_**
writing, require any insurer to supply him with any information relating to his insurance business, and the
insurer shall comply with such requirement within such period after receipt of the notice as may be
specified therein.
(2) Any information supplied under this section shall be certified by a principal officer of the insurer
and if the notice so requires also by an auditor.]
**4[110D. Certain claims for compensation barred.** **_—No person shall have any right, whether in_**
contract or otherwise, to any compensation for any loss incurred by reason of the operation of any of the
provisions contained in section 34 or section 34A or section 34E or section 37A or by reason of the
compliance by an insurer with any order or direction given to hi m under this Act.
**110E. [Sections 3A, 27B, 28B, 33, etc., to apply to general insurance business of the Life**
**Insurance Corporation of India.]— Omitted** _by the Insurance Laws (Amendment) Act, 2015_ (5 of 2015)
_s. 95_ (w.e.f. 26-12-2014).
1. Ins. by Act 20 of 1940, s. 14 (w.e.f. 10-4-1940).
2. Subs. by Act 41 of 1999, s. 30 and the First Schedule (serial no. 43), for “Controller” (w.e.f. 19-4-2000).
3. Ins. by Act 47 of 1950, s. 59 (w.e.f. 1-6-1950).
4. Ins. by Act 62 of 1968, s. 37 (w.e.f. 1-6-1969).
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**110F.** **Provisions** **applicable** **to** **State** **Governments,** **etc.—The** provisions of
sections 3, 3A, 27B, 28B, 33, 34 clause (a) of sections 34E, 34F, 40C, 44A, 64U to 64UM (both
inclusive), 64V, 64VA, 64VB, 64VC, and 101A, 101C, 110D, 110G and 110H shall notwithstanding any
exemption granted under section 118, also apply, so far as may be, to and in relation to the general
insurance business carried on by a State Government or a Government company as defined in section
617 of [1][the Companies Act, 2013 (18 of 2013)].
**110G. [Provisions applicable to State Governments. etc.] — Omitted** _by the Insurance Laws_
(Amendment) Act, 2015 (5 of 2015) s. 96 (w.e.f. 26-12-2014).
**110H. [Appeals.] — Omitted** _by the Insurance Laws (Amendment) Act, 2015_ (5 of 2015) s. 95 (w.e.f.
26-12-2014).
**2[110HA. Penalty to be recoverable as arrear of land revenue. — Any penalty imposed by the**
Authority under this Act shall be recoverable as an arrear of land revenue.]
**111. Service of notices. —(1) Any process or notice required to be served on an insurer [3]*** shall be**
sufficiently served if addressed to any person registered with the [4][Authority] as a person authorised to
accept notices on behalf of the insurer [3]*** and left at, or sent by registered post to the address of such
person as registered with the [4][Authority].
(2) Any notice or other document which is by this Act required to be sent to any policy-holder may be
addressed and sent to the person to whom notices respecting such policy are usually sent and any notice
so addressed and sent shall be deemed to be notice to the holder of such policy:
Provided, that, where any person claiming to be interested in a policy as transferee, assignee or
nominee has given to an insurer [5]*** notice in writing of his interest, any notice which is by this Act
required to be sent to policy-holders shall also be sent to such person at the address specified by him
in his notice.
**112. Declaration of interim bonuses. —Notwithstanding anything to the contrary contained in this**
Act, an insurer carrying on the business of life insurance shall be at liberty to declare an interim bonus or
bonuses to policy-holders whose policies mature for payment by reason of death or otherwise during the
intervaluation period on the recommendation of the investigating of actuary made at the last preceding
valuation.
**6[113. Acquisition of surrender value by policy. —(1) A policy of life insurance shall acquire**
surrender value as per the norms specified by the regulations.
(2) Every policy of life insurance shall contain the formula as approved by the Authority for
calculation of guaranteed surrender value of the policy.
(3) Notwithstanding any contract to the contrary, a policy of life insurance under a non-linked plan
which has acquired a surrender value shall not lapse by reason of non-payment of further premiums but
shall be kept in force to the extent of paid-up sum insured, calculated by means of a formula as approved
by the Authority and contained in the policy and the reversionary bonuses that have already been attached
to the policy:
Provided that a policy of life insurance under a linked plan shall be kept in force in the manner as
may be specified by the regulations.
1. Subs. by Act 5 of 2015, s. 2(b), for “the Companies Act, 1956” (w.e.f. 26-12-2014).
2. Ins. by s. 97, ibid. (w.e.f. 26-12-2014).
3. The words “or provident society” omitted by s. 98, ibid. (w.e.f. 26-12-2014).
4. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
5. The words “or to a provident society” omitted by Act 5 of 2015, s. 98 (w.e.f. 26-12-2014).
6. Subs. by s. 99, ibid., for section 113 (w.e.f. 26-12-2014).
93
-----
(4) The provisions of sub-section (3) shall not apply—
(i) where the paid-up sum insured by a policy, inclusive of attached bonuses, is less than the
amount specified by the Authority or takes the form of annuity of amount less than the amount
specified by the Authority; or
(ii) when the parties, after the default has occurred in payment of the premium, agree in writing to
other arrangement.]
**114. Power of Central Government to make rules. —(1) The Central Government may, subject to**
the condition of previous publication by notification in the Official Gazette, make rules to carry out the
purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
prescribe—
1* - - -
2* - - -
3[(aaa) the conditions and manner of foreign investment under sub-clause (b) of clause (7A) of
section 2;]
4[(b) the manner in which it shall be determined which of the transactions of an insurer are to be
deemed for the purposes of this Act to be insurance business transacted [5]*** in [6] [India] [7]***;]
8* - - -
(d) the form referred to in clause (d) of sub-section (2) of section 16;
(e) the manner in which the prospectuses and tables referred to in sub-section (1) of
section 41 shall be published and the form in which they shall be drawn up;
9* - - -
10* - - -
(h) the contingencies other than those specified in clauses (a) to (f) of [11][sub-section (2) of]
section 65 on the happening of which money may be paid by provident societies;
(i) the matters other than those specified in clauses (a) to (o) of sub-section (1) of section 74 on
which a provident society shall make rules;
1. Clause (a) omitted by Act 42 of 2002, s. 16 (w.e.f. 23-9-2002).
2. Clause (aa) omitted by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014).
3. Subs. by Act 6 of 2021, s. 4, for clause (aaa) (w.e.f. 1-4-2021).
4. Subs. by Act 13 of 1941, s. 62, for clause (b) (w.e.f. 8-4-1941).
5. The words “in India or” omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956).
6. Subs. by s. 2 and the Schedule, ibid., for “the States” (w.e.f. 1-11-1956)
7. The words “as the case may be” omitted by Act s. 2 and the Schedule, ibid., (w.e.f. 1-11-1956).
8. Clause (c) omitted by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014).
9. Clause (f) omitted by s. 100, ibid. (w.e.f. 26-12-2014).
10. Clause (g) omitted by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000).
11. Ins. by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940).
94
-----
(j) the form of any account, return or registered required by the Part III and the manner in which
such account, return or register shall be verified;
(k) subject to the provisions of this Act, the fees payable thereunder and the manner in which they
are to be collected; [1]***.
(l) the conditions and the matters which may be prescribed under sub-sections (5), [2][(6)], (10) and
(12) of section 92;
3[(la) the manner of inquiry under sub-section (l) of section 105C;
(lb) the form in which an appeal may be preferred under sub-section (2) and the fee payable in
respect of such appeal and the procedure for filing and disposing of an appeal under sub-section (6) of
section 110;]
4* - - -
5[(m) any other matter which is to be or may be prescribed.]
6* - - -
7[(3) Every rule made under this section or under sub-section (10) of section 34H 8*** and every
regulation made under this Part shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or
regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule or regulation.]
9[(4)] All rules made by a Local Government under the provisions of section 24 of the Provident
Insurance Societies Act, 1912 (5 of 1912) and in force at the commencement of this Act shall so far as not
inconsistent with the provisions of Part III continue in force and have effect as if duly made under this
section until they are replaced by rules made under this section.
10[114A. Power of Authority to make regulations.—(1) The Authority may, by notification in the
Official Gazette, make regulations consistent with this Act and the rules made thereunder, to carry out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely: —
11[(a) manner of making application for registration and documents to be accompanied under
sub-section (2) of section 3;]
1. The word “and” omitted by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940).
2. Ins. by Act 11 of 1939, s. 32.
3. Ins. by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014).
4. Clause (ll) omitted by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000).
5. Ins. by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940).
6. The proviso omitted by ibid, s. 16 (w.e.f. 10-4-1940).
7. Subs. by Act 20 of 1983, s. 2 and the Schedule, for sub-section (3) (w.e.f. 15-3-1984).
8. The words, brackets, figures and letters “or under sub-section (1) of section 64UB and every regulation made under
sub-section (3) of section 64UB” omitted by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014).
9. Sub-section (3) re-numbered as sub-section (4) thereof by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940).
10. Ins. by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000).
11. Subs. by Act 5 of 2015, s. 101, for clauses (a) and (aa) (w.e.f. 26-12-2014).
95
-----
(b) the manner of suspension or cancellation of registration under sub-section (5E) of section 3;
(c) such fee, not exceeding five thousand rupees, as may be determined by the regulations for
issue of a duplicate certificate of registration under subsection (7) of section 3;
1[(d) such annual fee to the Authority and manner of payment under sub-section (1) of section
3A;]
2[(da) such minimum annuity and other benefits to be secured by the insurer under section 4;
(daa) determination of preliminary expenses that may be excluded for calculation of the
stipulated paid-up equity capital for the insurers under sub-section (1) of section 6;
(db) such equity capital and such forms of capital including hybrid capital required under
sub-section (I) of section 6A;]
3* - - -
2[(ea) separation of account of all receipts and payments in respect of each classes and
sub-classes of insurance business as required under sub-section (1) and sub-section (2AA) of section
10; and its waiver under the said section;]
(f) the preparation of balance-sheet, profit and loss account and a separate account of receipts and
payments and revenue account [4][under sub-section (1) of section 11];
5[(g) the manner in which an abstract of the report of the actuary to be specified and the form and
manner in which the statement referred to in section 13 shall be appended;]
2[(ga) maintenance of records of policies and claims under clause (c) of sub-section (1) of
section 14;
(gb) manner and form of issuance of policies in electronic form under sub-section (2) of
section 14;]
6
[(h) the fee for procuring a copy of return or any part thereof under sub-section (I) of
section 20;]
7
[(i) investment of assets and further provisions regarding investments by an insurer and
investment by insurers in certain cases under sections 27, 27A, 27B, 27C and time, manner and other
conditions of investment of assets under section 27D;]
8[(ia) the form in which a return giving details of investments made, time and manner including
its authentication under section 28;
(ib) the loans including the loans sanctioned to the full-time employees of the insurer under
clause (a) of sub-section (3) of section 29;
(ic) the sum to be paid by the insurer to any person under section 31B;
1. Subs. by Act 5 of 2015, s. 101, for clause (d) (w.e.f. 26-12-2014).
2. Ins. by s. 101, ibid. (w.e.f. 26-12-2014).
3. Clause (e) omitted by s. 101, ibid. (w.e.f. 26-12-2014).
4. Subs. by s. 101, ibid., for “under sub-section (1A) of section 11” (w.e.f. 26-12-2014).
5. Subs. by s. 101, ibid., for clause (g) (w.e.f. 26-12-2014).
6. Subs. by s. 101, ibid., for clause (h) (w.e.f. 26-12-2014).
7. Subs. by s. 101, ibid., clause (i) (w.e.f. 26-12-2014).
8. Subs. by s. 101, ibid., for clauses (ia), (ib), (ic), (id) and (ie) (w.e.f. 26-12-2014).
96
-----
(id) the obligation of insurer in respect of rural or social or unorganised sector and backward
classes under sections 32B and 32C;
(ie) the minimum percentage of insurance business in third party risks of motor vehicles under
section 32D;]
1
[(j) the minimum information to be maintained by insurers or intermediary or insurance
intermediary, as the case may be, in their books, the manner in which such information shall be
maintained, the checks and other verifications in that connection and all other matters incidental
thereto under sub-section (7) of section 33;]
2[(ja) the form in which balance-sheets in respect of the insurance business of each of the insurers
concerned and the manner in which actuarial reports and abstracts in respect of the life insurance
business are to be prepared under clauses (b) and (c) of sub-section (3) of section 35;
(jb) the manner of assessment of compensation under the proviso to sub-section (4A) of
section 37A;
(jc) the fee to be charged by the insurer under sub-section (3) of section 39;
(jd) the manner and amount of remuneration or reward to be paid or received by way of
commission or otherwise to an insurance agent or an intermediary or insurance intermediary under
section 40;
(je) the manner and form of expenses of management under sections 40B and 40C;]
3* - - -
4* - - -
5[(m) the requisite qualifications or practical training or examination to be passed for appointment
as an insurance agent under clause (e) of sub-section (3) of section 42;]
6* * - -
7[(o) the code of conduct under clause (h) of sub-section (3) of section 42;]
8* - - - *]
(q) the manner and the fees for issue of a licence to an intermediary or an insurance intermediary
under sub-section (1) of section 42D;
(r) the fee and the additional fee to be determined for renewal of licence of intermediaries or
insurance intermediaries under sub-section (3) of section 42D;
(s) the requisite qualifications and practical training of intermediaries or insurance intermediaries
under clause (e) of sub-section (5) of section 42D;
(t) the examination to be passed to act as an intermediary or insurance intermediary under
clause (f) of sub-section (5) of section 42D;
1. Subs. by Act 5 of 2015, s. 101, for clause (j) (w.e.f. 26-12-2014).
2. Ins. by s. 101, ibid. (w.e.f. 26-12-2014).
3. Clause (k) omitted by s. 101, ibid. (w.e.f. 26-12-2014).
4. Clause (l) omitted by s. 101, ibid. (w.e.f. 26-12-2014).
5. Subs. by s. 101, ibid., for clause (m) (w.e.f. 26-12-2014).
6. Clause (n) omitted by s. 101, ibid. (w.e.f. 26-12-2014).
7. Subs. by s. 101, ibid., for clause (o) (w.e.f. 26-12-2014).
8. Clause (p) omitted by s. 101, ibid. (w.e.f. 26-12-2014).
97
-----
(u) the code of conduct under clause (g) of sub-section (5) of section 42D;
(v) the fee for issue of duplicate licence under sub-section (7) of section 42D;
1[2* - - -
(vb) the requirements of capital, form of business and other conditions to act as an intermediary
or insurance intermediary under [3]*** section 42E;
(vc) the form of balance-sheet, as may be specified by the Authority under sub-section (1) of
section 49;]
4* - - -
5
[(x) academic qualifications and code of conduct for surveyors and loss assessors under
sub-sections (1) and (2) of section 64UM;
(xa) the period for which a person may act as a surveyor or loss assessor under sub-section (3) of
section 64UM;]
6[(y) the manner of exclusion of certain assets under sub-section (1), the manner of valuation of
liabilities under sub-section (2) and time for furnishing statement under sub-section (3) of section
64V;]
(z) the valuation of assets and liabilities under sub-section (3) of section 64V;
7[(za) the matters specified under sub-section (1) of section 64VA relating to sufficiency of
assets;]
(zaa) the manner of receipt of premium to be specified under sub-section (6) of section 64VB;]
8[(zab) the form, time, manner including authentication of the return giving details of solvency
margin under sub-section (9) of section 64VA;
(zac) the manner of opening and closing places of business under section 64VC;]
(zb) the matters relating to re-insurance under sections 101A and 101B;
9
[(zba) the norms for surrender value of life insurance policy under sub-section (1) of
section 113;]
(zc) the matters relating to redressal of grievances of policy-holders to protect their interest and to
regulate, promote and ensure orderly growth of insurance industry; and
(zd) any other matter which is to be, or may be, specified by the regulations made by the
Authority or in respect of which provision is to be made or may be made by the regulations.
1. Ins. by Act 42 of 2002, s. 17 (w.e.f. 23-9-2002).
2. Clause (va) omitted by Act 5 of 2015, s. 101 (w.e.f. 26-12-2014).
3. The words, brackets and figure “sub-section (2) of” omitted by s. 101, ibid. (w.e.f. 26-12-2014).
4. Clause (w) omitted by s. 101, ibid. (w.e.f. 26-12-2014).
5. Subs. by s. 101, ibid., for clause (x) (w.e.f. 26-12-2014).
6. Subs. by s. 101, ibid., for clause (y) (w.e.f. 26-12-2014).
7. Subs. by s. 101, ibid., for clause (za) (w.e.f. 26-12-2014).
8. Ins. by s. 101, ibid. (w.e.f. 26-12-2014).
9. Ins. by s. 101, ibid. (w.e.f. 26-12-2014).
98
-----
(3) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the regulation or both Houses agree that the regulation should not be made, the regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that regulation.]
**115. Alteration of forms.—The [1][Authority] may, on the application or with the consent of an**
insurer, not being a company, alter the forms contained in the Schedules as respect that insurer, for the
purpose of adapting them to the circumstances of that insurer:
Provided that nothing done under this section shall exempt the insurer from supplying all information
required under this Act so far as it is possible for the insurer to do so.
**116. Power to exempt from certain requirements—** **[2]** [(1)] The Central Government may, by
notification in the Official Gazette, exempt any insurer constituted, incorporated or domiciled in [3][any
country or State outside [4][India]] [5][from any of the provisions of this Act which may be specified in the
notification] either absolutely or subject to such conditions or modification as may be specified in the
notification.
6* - - -
7[(2) This section shall apply in respect of provident societies as defined in Part III as it applies in
respect of insurers.]
**8[116A. Summary of returns to be published—The** 9[Central Government, before the date of
commencement of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999)] shall
every year cause to be published, in such manner as it may direct, a summary of the accounts, balancesheet, statements, abstracts and other returns under this Act or purporting to be under this Act which have
been furnished in pursuance of the provisions of this Act to the [1][Authority] during the year preceding the
year of publication, and may append to such summary any note of the [1][Authority] or of the [9][Central
Government, before the date of commencement of the Insurance Regulatory and Development Authority
Act, 1999,] and any correspondence:
Provided that nothing in this section shall require the publication of the [10][statement referred to in
sub-section (2) of section 10 of the returns] referred to in sub-section (1) of section 28 [11][or [12][section 28A
or section 28B] or the statements referred to in sub-section (2) of section 31B or section 40B.]]
**117. Saving of provisions of [13][the Companies Act, 2013]—Nothing in this Act shall affect the**
liability of an insurer being a company [14][or a provident society as defined in Part III being a company] to
1. Subs. by Act 41 of 1999, s. 30 and the First Schedule, “Central Government” (w.e.f. 19-4-2000).
2. Section 116 renumbered as sub-section (1) thereof by Act 13 of 1941, s. 63 (w.e.f. 8-4-1941).
3. Subs. by Act 47 of 1950, s. 60, for “a Part B State” (w.e.f. 1-6-1950).
4. Subs. by Act 62 of 1956, s. 2 and the Schedule, for “the States” (w.e.f. 1-11-1956).
5. Subs. by Act 20 of 1940, s. 17, for certain words (w.e.f. 10-4-1940).
6. The proviso omitted by Act 47 of 1950, s. 60 (w.e.f. 1-6-1950)
7. Added by Act 13 of 1941, s. 63 (w.e.f. 8-4-1941).
8. Ins. by s. 64, ibid. (w.e.f. 8-4-1941).
9. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Central Government” (w.e.f. 19-4-2000).
10. Subs. by Act 6 of 1946, s. 47, for “statements” (w.e.f. 20-3-1946).
11. Ins. by Act 47 of 1950, s. 61 (w.e.f. 1-9-1950).
12. Subs. by Act 62 of 1968, s. 38, for “section 28A” (w.e.f. 1-6-1969).
13. Subs. by Act 5 of 2015, s. 2(a), for “Indian Companies Act, 1913” (w.e.f. 26-12-2014).
14. Ins. by Act 13 of 1941, s. 65 (w.e.f. 8-4-1941).
99
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comply with the provisions of [1][the Companies Act, 2013 (18 of 2013)], in matters not otherwise
specifically provided for by this Act.
**2[118. Exemptions—Nothing in this Act shall apply—**
(a) to any trade union registered under the Indian Trade Unions Act, 1926 (16 of 1926); or
(b) to any provident fund to which the provisions of the Provident Funds Act, 1925 (19 of 1925),
apply; or
(c) if the Central Government so orders in any case, and to such extent or subject to such
conditions or modifications as may be specified in the order, to any insurance business carried on by
the Central Government or a State Government or a Government company as defined in Section
617 of [3][the Companies Act, 2013 (18 of 2013)]; or
(d) if the [4][Authority] so orders in any case, and to such extent or subject to such conditions or
modifications as may be specified in the order, to—
(i) any approved superannuation fund as defined in clause (a) of section 58N of the Indian
Income Tax Act, 1922 (11 of 1922); or
(ii) any fund in existence and officially recognised by the Central Government before
the 27th day of January, 1937, maintained by or on behalf of Government Servants or
Government pensioners for the mutual benefit of contributors to the fund and of their dependants;
or
(iii) any mutual or provident insurance society composed wholly of Government servants or
of railway servants which has been exempted from any or all of the provisions of the Provident
Insurance Societies Act, 1912 (5 of 1912). ] [5][or
(iv) any fund in existence in the Union territory of Goa, Daman and Diu on the 20th
December, 1961 and maintained by or on behalf of Government servants or Government
pensioners or on behalf of employees of any autonomous body and intended for the mutual
benefit of contributors to the fund or for any other purpose.]
**6**
**[118A. Powers of Authority not to apply to International Financial Services Centre.—**
Notwithstanding anything contained in any other law for the time being in force, the powers exercisable
by the Authority under this Act,—
(a) shall not extend to an International Financial Services Centre set up under sub-section (1) of
section 18 of the Special Economic Zones Act, 2005 (28 of 2005);
(b) shall be exercisable by the International Financial Services Centres Authority established
under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019,
in so far as regulation of financial products, financial services and financial institutions that are permitted
in the International Financial Services Centres are concerned.]
**7[119. Inspection and supply of copies of published prospectus, etc.—Any person may on payment**
of a fee of five rupees inspect the documents filed by an insurer with the [4][Authority] under clause (f) of
1. Subs. by Act 5 of 2015, s. 2(a), for “Indian Companies Act, 1913” (w.e.f. 26-12-2014).
2. Subs. by Act 35 of 1957, s. 5, for section 118 (w.e.f. 1-9-1957).
3. Subs. by Act 5 of 2015, s. 2(b), for “the Companies Act, 1956” (w.e.f. 26-12-2014).
4. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for “Controller” (w.e.f. 19-4-2000).
5. Added by Goa, Daman and Diu (Laws) Regulation (12 of 1962), s. 2 and the Schedule (w.e.f. 12-11-1962).
6. Ins. by Act 50 of 2019, s. 33 and the Second Schedule (w.e.f. 1-10-2020).
7. Subs. by Act 13 of 1941, s. 67, for section 119 (w.e.f. 8-4-1941).
100
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sub-section (2) of section 3, and may obtain a copy of any such document or part thereof on payment
in advance at the prescribed rate for the making of the copy.]
**120. Determination of market value of securities deposited under this Act.—The market value on**
the day of deposit of securities deposited in pursuance of any of the provisions of this Act with the
Reserve Bank of India shall be determined by the Reserve Bank of India whose decision shall be final.
**121. [Amendment of section 130, Act IV of 1882.] —Rep. by the Repealing and Amending Act, 1957**
(36 of 1957), s. 2 and the First Schedule (w.e.f. 17-9-1957).
**122. [Amendment of Schedule I. Act 9 of 1908.]** **—Rep. by s. 2 and the First Schedule ibid, (w.e.f.**
17-9-1957).
**123. [Repeals.] — Rep. by s. 2 and the First Schedule ibid, (w.e.f. 17-9-1957).**
**THE FIRST SCHEDULE—REGULATIONS AND FORMS FOR THE PREPARATION OF**
BALANCE-SHEET- _Omitted by the Insurance (Amendment)_ _Act, 2002 (42_ _of 2002),_ _s. 18_
(w.e.f. 23-9-2002).
**THE SECOND SCHEDULE—REGULATIONS AND FORMS FOR THE PREPARATION OF PROFIT AND LOSS**
ACCONTS- _Omitted by s. 18, ibid. (w.e.f. 23-9-2002)._
**THE THIRD SCHEDULE—REGULATIONS AND FORMS FOR THE PREPARATION OF REVENUE**
ACCOUNTS - Omitted by s. 18, ibid. (w.e.f. 23-9-2002).
**THE FORTH SCHEDULE—REGULATIONS FOR THE PREPARATION OF ABSTRACTS OF ACTUARIES -**
REPORTS AND REQUIREMENTS APPLIACABLE TO SUCH ABSTRACTS—Omitted by s. 18, _ibid._
(w.e.f. 23-9-2002).
**THE FIFTH SCHEDULE—REGULATIONS FOR PREPARING STATEMENTS OF BUSINESS IN FORCE AND**
REQUIRMENTS APPLICABLE TO SUCH STATEMENTS - _Omitted by the Insurance Laws (Amendment)_
_Act, 2015 (5 of 2015), s. 102_ (w.e.f. 26-12-2014).
**THE SIXTH SCHEDULE-TERMS DEEMED TO BE INCLUDED IN EVERY CONTRACT BETWEEN AN**
INSURER CARRYING ON GENERAL INSURANCE BUSINESS AND A PRINCIPAL AGENT-Omitted by s. 102,
_ibid. (w.e.f. 26-12-2014)._
1[THE SEVENTH SCHEDULE]
(See section 55)
RULE AS TO THE VALUATION OF THE LIABILITIES OF AN INSURER IN INSOLVENCY OR LIQUIDATION
The liabilities of an insurer in respect of current contracts effected in the course of life insurance
business including annuity business, shall be calculated by the method and upon the basis to be
determined by an actuary approved by the Court, and the actuary so approved shall, in determining as
aforesaid, take into account—
(a) the purpose for which such valuation is to be made,
(b) the rate of interest and the rates of mortality and sickness to be used in valuation, and
1. The Sixth Schedule renumbered as Seventh Schedule thereof by Act 47 of 1950, s. 65 (w.e.f. 1-9-1950).
101
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(c) any special directions which may be given by the Court.
The liabilities of an insurer in respect of current policies other than life policies shall be such portion
of the last premium paid as is proportionate to the unexpired portion of the policy in respect of which the
premium was paid.
**THE EIGHTH SCHEDULE—PRINCIPLES OF COMPENSATION-Omitted by the Insurance Laws**
_(Amendment) Act, 2015 (5 of 2015), s. 102_ (w.e.f. 26-12-2014).
102
-----
|
12-Mar-1938 | 05 | The Manoeuvres, Field Firing and Artillery Practice Act, 1938 | https://www.indiacode.nic.in/bitstream/123456789/2305/1/AAAA1938___%295.pdf | central | # THE MANOEUVRES FIELD FIRING AND ARTILLERY PRACTICE ACT, 1938
_________
# ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title and extent.
CHAPTER I
MANOEUVRES
2. Power of State Government to authorise manoeuvres.
3. Powers exercisable for purposes of maneuvers.
4. Duty of Officer Commanding to repair damage.
5. Right to compensation for damage caused by manoeuvres.
6. Method of assessing compensation.
7. Offences.
CHAPTER II
FIELD FIRING AND ARTILLERY PRACTICE
8. Definitions.
9. Power of State Government to authorise field firing and artillery practice.
10. Powers exercisable for purposes of field firing and artillery practice.
11. Compensation.
12. Offences.
CHAPTER III
GENERAL
13. Power to make rules.
-----
# THE MANOEUVRES FIELD FIRING AND ARTILLERY PRACTICE ACT, 1938
# ACT NO. 5 OF 1938[1]
[12th March, 1938.]
# An Act to provide facilities for military manoeuvres and for field firing and artillery practice.
WHEREAS it is expedient to provide facilities for military manoeuvres and for field firing and artillery
practice; It is hereby enacted as follows:—
**1. Short title and extent.—(1) This Act may be called the Manoeuvres, Field Firing and Artillery**
Practice Act, 1938.
(2) It extends to the whole of India [2]***.
CHAPTER I
MANOEUVRES
**2. Power of State Government to authorise manoeuvres.—(1) The State Government may, by**
notification in the local Official Gazette, authorise the execution of military manoeuvres over any area
specified in the notification during a specified period not exceeding three months:
Provided that the same area or any part thereof shall not ordinarily be so specified more than once in
any period of three years.
(2) The State Government shall publish notice of its intention to issue a notification under
sub-section (1) as early as possible in advance of the issue of the notification, and no such notification
shall be issued until the expiry of three months from the date of the first publication of such notice in the
local Official Gazette.
(3) The notice required by sub-section (2) shall be given by publication in the local Official Gazette
and shall also be given throughout the area which it is proposed to specify in the notification by
publication in the manner prescribed by rules made under section 13, and shall be repeated by like
publication one month and one week as nearly as may be before the commencement of the manoeuvres.
**3. Powers exercisable for purposes of maneuvers.—(1) Where a notification under sub-section (1)**
of section 2 has been issued, such persons as are included in the military forces engaged in the
manoeuvres may, within the specified limits and during the specified periods,—
(a) pass over, or encamp, construct military works of a temporary character, or execute military
manoeuvres on, the area specified in the notification, and
(b) supply themselves with water from any source of water in such area:
Provided that nothing herein contained shall authorise the taking of water from any source of supply,
whether belonging to a private owner or a public authority, of an amount in excess of the reasonable
requirements of the military forces or of such amount as to curtail the supply ordinarily required by those
entitled to the use of such water supply.
(2) The provisions of sub-section (1) shall not authorise entry on or interference with any well or tank
held sacred by any religious community or any place of worship or ground attached thereto except for the
legitimate purpose of offering prayers or any place or building reserved or used for the disposal of the
dead, or any dwelling house or premises attached thereto or any educational institution, factory, workshop
or store or any premises used for the carrying on of any trade, business or manufacture or any garden or
1. The Act has been extended in its application to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch., (w.e.f. 31-1-1963)
Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965), to Pondicherry on 1-10-1963, vide Reg. 7 of
1963, s. 3 and Sch. I and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-101967).
2. The words “except Part B States” omitted by Act 3 of 1951, s. 3 and the Schedule (w.e.f. 1-4-1951).
-----
pleasure ground, or any ancient monument as defined in section 2 of the Ancient Monuments
Preservation Act, l904 (7 of 1904).
**4. Duty of Officer Commanding to repair damage.—The Officer in Command of the military**
forces engaged in the manoeuvres shall cause all lands used under the powers conferred by this Chapter to
be restored, as soon and as far as practicable, to their previous condition.
**5. Right to compensation for damage caused by manoeuvres.—Where a notification issued under**
section 2 authorises the execution of military manoeuvres compensation shall be payable from the
Defence Estimates for any damage to person or property or interference with rights or privileges arising
from such manoeuvres including expenses reasonably incurred in protecting person, property, rights and
privileges.
**6. Method of assessing compensation.—(1) The Collector of the district in which any area utilised**
for the purpose of manoeuvres is situated shall depute one or more Revenue Officers to accompany the
forces engaged in the manoeuvres for the purpose of determining the amount of any compensation
payable under section 5.
(2) The Revenue Officer shall consider all claims for compensation under section 5 and determine, on
local investigation and where possible after hearing the claimant, the amount of compensation, if any,
which shall be awarded in each case; and shall disburse on the spot to the claimant the compensation so
determined as payable.
(3) Any claimant, dissatisfied with a refusal of the Revenue Officer to award him compensation or
with the amount of compensation awarded to him by the Revenue Officer, may, at any time within fifteen
days from the communication to him of the decision of the Revenue Officer, give notice to the Revenue
Officer of his intention to appeal against the decision.
(4) Where any such notice has been given, the Collector of the district shall constitute a commission
consisting of himself as chairman, a person nominated by the Officer Commanding the forces engaged in
the manoeuvres and two persons nominated by the District Board, and the commission shall decide all
appeals of which notice has been given.
(5) The commission may exercise its powers notwithstanding the absence of any member of the
commission, and the chairman of the commission shall have a casting vote in the case of an equal division
of opinion.
(6) The decision of the commission shall be final and no suit shall lie in any Civil Court in respect of
any matter decided by the commission.
(7) No fee shall be charged in connection with any claim, notice, appeal, application or document
filed before the Revenue Officer, Collector or the commission under this section.
**7. Offences.—If, within the area and during the period specified in a notification under**
sub-section (1) of section 2, any person—
(a) wilfully obstructs or interferes with the execution of the manoeuvres, or
(b) without due authority enters or remains in any camp, or
(c) without due authority interferes with any flag or mark or any apparatus used for the purposes
of the manoeuvres,
he shall be punishable with fine which may extend to ten rupees.
CHAPTER II
FIELD FIRING AND ARTILLERY PRACTICE
**8. Definitions.—In this Chapter—**
(a) “field firing” includes air armament practice;
-----
(b) “notified area” means an area defined in a notification issued under sub-section (1) of
section 9.
**9. Power of State Government to authorise field firing and artillery practice.—(1) The State**
Government may, by notification in the local Official Gazette, define any area as an area within which for
a specified term of years the carrying out periodically of field firing and artillery practice may be
authorised.
(2) The State Government may, by notification in the local Official Gazette, authorise the carrying
out of field firing and artillery practice throughout a notified area or any specified part thereof during any
period or periods specified in the notification.
(3) Before any notification under sub-section (2) is issued, the State Government shall publish notice
of its intention to issue such notification as early as possible in advance of the issue of the notification,
and no such notification shall be issued until the expiry of two months from the date of the first
publication of the notice in the local Official Gazette.
(4) The notice required by sub-section (3) shall be given by publication in the local Official Gazette
and shall also be given throughout the notified area by publication in some newspaper circulating in and
in the language commonly understood in that area and by beat of drum and by affixation in all prominent
places of copies of the said notice in the language of the locality and in such other manner as may be
prescribed by rules made under section 13 and shall be repeated by like publication one week as nearly as
may be before the commencement of the period or of each period specified in the notification:
Provided that the fact of the said beat of drum and affixation shall be verified in writing by one
headman and two other literate inhabitants of the locality and provided further that such notice by the beat
of drum shall be given seven and two days as nearly as may be before the commencement of such field
firing and artillery practice.
**10. Powers exercisable for purposes of field firing and artillery practice.—(1) Where a**
notification under sub-section (2) of section 9 has been issued, such persons as are included in the forces
engaged in field firing or artillery practice may, within the notified area or specified part thereof during
the specified period or periods,—
(a) carry out field firing and artillery practice with lethal missiles, and
(b) exercise, subject to the provisions of sections 3 and 4, any of the rights conferred by section 3
on forces engaged in military manoeuvres:
Provided that the provisions of sub-section (2) of section 3 shall not debar entry into, or
interference with, any place specified in that sub-section, if it is situated in an area declared to be a
danger zone under sub-section (2) of this section, to the extent that may be necessary to ensure the
exclusion from it of persons and domestic animals:
Provided further that in the case of a dwelling house occupied by women adequate warning shall
be given through a local inhabitant and entry shall be effected after such warning in the presence of
two respectable inhabitants of the locality.
(2) The Officer Commanding the forces engaged in any such practice may, within the notified area or
specified part thereof, declare any area to be a danger zone, and thereupon the Collector shall, on
application made to him by the Officer Commanding the forces engaged in the practice, prohibit the entry
into and secure the removal from such danger zone of all persons and domestic animals during the times
when the discharge of lethal missiles is taking place or there is danger to life or health.
**11. Compensation.—The provisions of sections 5 and 6 shall apply in the case of field firing and**
artillery practice as they apply in the case of military manoeuvres:
Provided that the compensation payable under this section shall include compensation for exclusion
or removal from any place declared to be a danger zone of persons or domestic animals, such
-----
compensation to be disbursed at not less than the minimum rates prescribed by rules made under
section 13 before the exclusion or removal is enforced, and shall also include compensation for any loss
of employment or deterioration of crops resulting from any such exclusion or removal.
**12. Offences.—If, during any period specified in a notification issued under sub-section (2) of**
section 9, any person within a notified area—
(a) wilfully obstructs or interferes with the carrying out of field firing or artillery practice, or
(b) without due authority enters or remains in any camp, or
(c) without due authority enters or remains in any area declared to be a danger zone at a time
when entry thereto is prohibited, or
(d) without due authority interferes with any flag or mark or target or any apparatus used for the
purposes of the practice,
he shall be punishable with fine which may extend to ten rupees.
CHAPTER III
GENERAL
**13. Power to make rules.—[1][(1)] The State Government may, by notification in the local Official**
Gazette, make rules—
(a) prescribing the manner in which the notices required by sub-section (2) of section 2 and
sub-section (3) of section 9 shall be published in the areas concerned;
(b) regulating the use under this Act of land for manoeuvres or field firing and artillery practice in
such manner as to secure the public against danger and to enable the manoeuvre, or practice, to be
carried out without interference and with the minimum inconvenience to the inhabitants of the areas
affected;
(c) regulating the procedure of the Revenue Officers and commissions referred to in section 6 in
such manner as to secure due publicity regarding the method of making claims for compensation and
preferring appeals from original awards of compensation, the expeditious settlement of claims and of
appeals and the payment of compensation so far as possible direct to the claimants; and
(d) defining the principles to be followed by the Revenue Officers and commissions referred to in
section 6 in assessing the amount of compensation to be awarded.
2[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it
is made, before the State Legislature.]
1. Section 13 re-numbered as sub-section (1) thereof by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).
2. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 11-1-2005).
-----
|
8-Apr-1938 | 10 | The Cutchi Memons Act, 1938 | https://www.indiacode.nic.in/bitstream/123456789/2306/1/A1938-10.pdf | central | # THE CUTCHI MEMONS ACT, 1938
_________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title and commencement.
2. Cutchi Memons to be governed in certain matters by Muhammadan Law.
3. Savings.
4. [Repealed.]
-----
# THE CUTCHI MEMONS ACT, 1938
# ACT NO. 10 OF 1938[1]
[8th _April, 1938.]_
# An Act to provide that all Cutchi Memons shall be governed in matters of succession and
inheritance by the Muhammadan Law.
WHEREAS it is expedient that all Cutchi Memons be governed in matters of succession and
inheritance by the Muhammadan Law; It is hereby enacted as follows:—
**1. Short title and commencement.—(1) This Act may be called the Cutchi Memons Act, 1938.**
(2) It shall come into force on the 1st day of November, 1938.
**2. Cutchi Memons to be governed in certain matters by Muhammadan Law.—Subject to the**
provisions of section 3, all Cutchi Memons shall, in matters of succession and inheritance, be governed by
the Muhammadan Law.
**3. Savings.—Nothing in this Act shall affect any right or liability acquired or incurred before its**
commencement, or any legal proceeding or remedy in respect of any such right or liability; and any such
legal proceeding or remedy may be continued or enforced as if this Act had not been passed.
**4.** [Repealed.]—Rep. by the Repealing and Amending Act, 1942 (25 _of 1942), s. 2_ _and the First_
_Schedule (w.e.f. 1-10-1942)._
1. The Act has been applied to the Sonthal Parganas district and the Chota Nagpur division subject to certain modifications, by
Bihar Government Notifn., No. 1089/A-15/40-J. R., dated 31st August, 1940. It has also been applied to all the partiallyexcluded areas of the Province of Orissa by Orissa Government Notifn. No. 2266-111C-14/41-Com., dated 23rd July, 1942.
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|
17-Mar-1939 | 08 | The Dissolution of Muslim Marriages Act, 1939 | https://www.indiacode.nic.in/bitstream/123456789/2404/1/193908.pdf | central | # THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939
___________
ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title and extent.
2. Grounds for decree for dissolution of marriage
3. Notice to be served on heirs of the husband when the husband’s whereabouts are not known.
4. Effect of conversion to another faith.
5. Rights to dower not to be affected.
6. [Repealed.].
1
-----
# THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939
ACT NO. 8 OF 1939
[17th March, 1939.]
# An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of
marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie.
WHEREAS it is expedient to consolidate and clarify the provisions of Muslim law relating to suits
for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of
the renunciation of Islam by a married Muslim woman on her marriage tie; It is hereby enacted as
follows: ––
**1. Short title and extent. –– (1) This Act may be called the Dissolution of Muslim Marriages**
Act, 1939.
(2) It extends to the whole of India [1][[2]***] [3].
**2. Grounds for decree for dissolution of marriage.—A woman married under Muslim law shall be**
entitle to obtain a decree for the dissolution of her marriage on any one or more of the following grounds,
namely: ––
(i) that the whereabouts of the husband have not been known for a period of four years;
(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two
years;
(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;
(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a
period of three years;
(v) that the husband was impotent at the time of the marriage and continues to be so;
(vi) that the husband has been insane for a period of two years or is suffering from [4]*** a virulent
venereal disease;
(vii) that she, having been given in marriage by her father or other guardian before she attained
the age of fifteen years, repudiated the marriage before attaining the age of eighteen years :
Provided that the marriage has not been consummated ;
1. Subs by Act 48 of 1959, s. 3 and Sch. I, for certain words (w.e.f. 1-2-1960).
2. The words ―except the State of Jammu and Kashmir‖ omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
3. In its application to Pondicherry, in section 1, after sub-section (2), the following shall be inserted—
―Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.‖ — (Vide Act
26 of 1968).
The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I.
4. The words ―leprosy or‖ omitted by Act 6 of 2019, s. 3 (w.e.f 1-3-2019).
2
-----
(viii) that the husband treats her with cruelty, that is to say, —
# (a) habitually assaults her or makes her life miserable by cruelty of conduct even if
such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property of prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) if he has more wives than one, does not treat her equitably in accordance with the
injunctions of the Qoran;
(ix) on any other ground which is recognised as valid for the dissolution of marriages
under muslim law :
Provided that —
(a) no decree shall be passed on ground (iii) until the sentence has become final;
(b) a decree passed on ground (i) shall not take effect for a period of six months from the date
of such decree, and if the husband appears either in person or through an authorised agent within
that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court
shall set aside the said decree; and
(c) before passing a decree on ground (v) the Court shall, on application by the husband,
make an order requiring the husband to satisfy the Court within a period of one year from the date
of such order that he has ceased to be impotent, and if the husband so satisfies the Court within
such period, no decree shall be passed on the said ground.
**3. Notice to be served on heirs of the husband when the husband’s whereabouts are not**
**known. — In a suit to which clause (i) of section 2 applies —**
(a) the names and addresses of the persons who would have been the heirs of the husband under
Muslim law if he had died on the date of the filing of the plant shall be stated in the plaint,
(b) notice of the suit shall be served on such persons, and
(c) such persons shall have the right to be heard in the suit :
Provided that paternal uncle and brother of the husband, if any, shall be cited as party even if he
or they are not heirs.
# 4. Effect of conversion to another faith. —The renunciation of Islam by a married Muslim
woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage :
Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree
for the dissolution of her marriage on any of the grounds mentioned in section 2:
Provided further that the provisions of this section shall not apply to a woman converted to Islam
from some other faith who re-embraces her former faith.
**5. Rights to dower not to be affected. — Nothing contained in this Act shall affect any right which a**
married woman may have under Muslim law to her dower or any part thereof on the dissolution of her
marriage.
**6. [Repeal of section 5** _of Act 26_ _of 1937.]_ _Rep._ _by the Repealing and Amending_
_Act, 1942 (25 of 1942), s. 2 and the First Schedule ._
3
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|
8-Apr-1939 | 16 | The Registration of Foreigners Act, 1939 | https://www.indiacode.nic.in/bitstream/123456789/2407/3/A1939-16.pdf | central | # THE REGISTRATION OF FOREIGNERS ACT, 1939
________
ARRAGEMENT OF SECTIONS
________
SECTIONS
1. Short title and extent.
2. Definitions.
3. Power to make rules.
4. Burden of proof.
5. Penalties.
6. Power to exempt from application of Act.
7. Protection to persons acting under this Act.
8. Application of other laws not barred.
9. [Omitted.]
1
-----
# THE REGISTRATION OF FOREIGNERS ACT, 1939
ACT NO. 16 OF 1939*
# An Act to provide for the registration of foreigners in [1][India].
[8th April, 1939.]
WHEREAS it is expedient to provide for the registration of foreigners entering, being present in, and
departing form, [1][India];
It is hereby enacted as follows: ––
**1. Short title and extent.—(1) This Act may be called the Registration of Foreigners Act, 1939.**
(2) It extends to [2][the whole of India] [3]* * *.
**2. Definitions. –– In this Act—**
4[(a) ―foreigner‖ means a person who is not a citizen of India;]
5* - - -
(b) ―prescribed‖ means prescribed by rules made under this Act.
**3. Power to make rules. —** [6][(1)] The Central Government may after previous publication, by
notification in the Official Gazette, make rules with respect to foreigners for any or all of the following
purposes, that is to say—
(a) for requiring any foreigner entering, or being present in, [7][India] to report his presence to a
prescribed authority within such time and in such manner and with such particulars as may be
prescribed;
(b) for requiring any foreigner moving from one place to another place in [7][India] to report, on
arrival at such other place, his presence to a prescribed authority within such time and in such manner
and with such particulars as may be prescribed;
- This Act has been extended to—
Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch. Pondicherry with modification _vide_
Notification No. G.S.R. 1557, dated 24-11-1962, Gazette of India, Pt. II, Sec, 3 (i), p. 1886; brought into force
in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I. (w.e.f. 1-7-1965); Lakshadweep _vide Reg._
8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1967); the State of Sikkim _vide_ Notification No. G.S.R. 41 (E),
dated 27-1-1976 (w.e.f. 1-2-1976).
1. Subs. by Act 37 of 1949, s. 2, for ―the Provinces of India‖.
2. Subs. by s. 3, ibid., for ―all the Provinces of India‖.
3. The words ―except the State of Hyderabad‖, ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and the
Schedule.
4. Subs. by Act 11 of 1957, s. 8, for clause (a) (w.e.f. 19-1-1957).
5. Cl. (aa) omitted by the Act 3 of 1951, s. 3 and the Schedule which was ins. by the A.O. 1950.
6. S. 3 renumbered as sub-section (1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
7. Subs. by Act 37 of 1949, s. 4, for ―the Provinces‖.
2
-----
(c) for requiring any foreigner who is about to leave [1][India] to report the date of his intended
departure and such other particulars as may be prescribed to such authority and within such period
before departure as may be prescribed;
(d) for requiring any foreigner entering, being present in, or departing from, [1][India] to produce,
on demand by a prescribed authority, such proof of his identity as may be prescribed;
(e) for requiring any person having the management of any hotel, boarding-house, sarai or any
other premises of like nature to report the name of any foreigner residing therein for whatever
duration, to a prescribed authority within such time and in such manner and with such particulars as
may be prescribed;
(f) for requiring any person having the management or control of any vessel or aircraft to furnish
to a prescribed authority such information as may be prescribed regarding any foreigner entering, or
intending to depart from [1][India], in such vessel or aircraft, and to furnish to such authority such
assistance as may be necessary or prescribed for giving effect to this Act;
(g) for providing for such other incidental or supplementary matters as may appear to the Central
Government necessary or expedient for giving effect to this Act.
2[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
**4. Burden of proof.—If any question arises with reference to this Act or any rule made thereunder,**
whether any person is or is not a foreigner, or is or is not a foreigner of a particular class or description,
the onus of proving that such person is not a foreigner or is not a foreigner of such particular class or
description, as the case may be, shall, notwithstanding anything contained in the Indian Evidence Act,
1872 (1 of 1872), lie upon such person.
**5. Penalties.— Any person who contravenes, or attempts to contravene, or fails to comply with, any**
provision of any rule made under this Act shall be punished, if a foreigner, with imprisonment for a term
which may extend to one year or with fine which may extend to one thousand rupees or with both, or if
not a foreigner, with fine which may extend to five hundred rupees.
**6. Power to exempt from application of Act. — The Central Government may, by order[3] declare**
that any or all of the provisions of the rules made under this Act shall not apply, or shall apply only with
such modifications or subject to such conditions as may be specified in the said order, to or in relation to
any individual foreigner or any class or description of foreigner :
Provided that a copy of every such order shall be placed on the table of [4]* * * Parliament as soon as
may be after its promulgation.
**7. Protection to persons acting under this Act.— No suit, prosecution or other legal proceeding**
shall lie against any person for anything which is in good faith done or intended to be done under this Act.
1. Subs. by Act 37 of 1949, s. 4, for ―the Provinces‖
2. Ins. by Act 4 of 1986, s. 2 and the Sch. (w.e.f. 15-5-1986).
3. For Registration of Foreigners Exemption Order, 1949 See Gazette of India 1949, Pt. I, p. 1591.
4. The words ―both Houses of‖ Rep. by the A.O. 1948.
3
-----
**8. Application of other laws not barred.— The provisions of this Act shall be in addition to, and**
not in derogation of, the provisions of the Foreigners Act, [1][1946] (31 of 1946) and any other law for the
time being in force.
**29. [Application of Act to Part B States.] — Omitted by the Part B States** (Laws) _Act,_ 1951
(3 of 1951), s. 3 and the Schedule.
1. Subs. by Act 37 of 1949, s. 5, for ―1864‖.
2. Added by s. 6, ibid.
4
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|
26-Sep-1939 | 30 | The Commercial Documents Evidence Act, 1939 | https://www.indiacode.nic.in/bitstream/123456789/2408/1/a1939-30.pdf | central | # THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939
___________
ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title and extent.
2. Statements of relevant facts in scheduled documents to be themselves relevant facts.
3. Presumption as to genuineness of documents.
4. Definition.
THE SCHEDULE.
1
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# THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939
ACTNO. 30OF 1939[1]
[26th September, 1939.]
# An Act to amend the Law of Evidence with respect to certain commercial documents.
WHEREAS it is expedient to amend the Law of Evidence with respect to certain commercial
# documents;
It is hereby enacted as follows:––
**1. Short title and extent.––(1) This Act may be called the Commercial Documents Evidence Act,**
1939.
(2) It extends to the whole of India except [2][the territories which, immediately before the 1st
November, 1956, were comprised in Part B States].
**STATE AMENDMENTS**
**Karnataka**
**Amendment of Central Act XXX of 1939.––In sub-section (2) of section 1 of the Commercial**
Documents Evidence Act, 1939 (Central Act XXX of 1939), after the words and letter “in Part B States”
the words, brackets, figures and letters “other than the territories specified in clause (a) and clause (c) of
sub-section (1) of section 7 of the [States Re-organisation Act, 1956 (Central Act XXXVII of 1956)”]
shall be added.
[Vide Karnataka Act 33 of 1978, s. 7].
# 2. Statements of relevant facts in scheduled documents to be themselves relevant
facts. ––Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), statements of
facts in issue or of relevant fact made in any document included in the Schedule as to matters usually
stated in such document shall be themselves relevant facts within the meaning of that Act.
# 3. Presumption as to genuineness of documents.—For the purposes of the Indian Evidence
Act, 1872 (1 of 1872), and notwithstanding anything contained therein, a Court—
(a) shall presume, within the meaning of that Act, in relation to documents included in
Part I of the Schedule, and
(b) may presume, within the meaning of that Act, in relation to documents included in
Part II of the Schedule,—
1. This Act has been applied to the Darjeeling district, w.e.f. the 8th February, 1940, by the late Bengal Government notification
No. 361-J., dated the 31st January, 1940.
The Act has been extended in its application to: —
(1) the whole of the Union territory of Lakshadweep (w.e.f. 15-10-1970); vide Reg. 2 of 1970, s. 2 and Sch. and
(2) the Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch.
2. Subs. by the A.O. (No. 3) 1956, for “Part B States”.
2
-----
# that any document purporting to be a document included in Part I or Part II of the Schedule, as the case may be, and to have been duly made by or under the appropriate authority, was so made and that the statements contained therein are accurate.
4. Definition.—In the Schedule the expression “recognised Chamber of Commerce” means a
Chamber of Commerce recognised by the Government of its country as being competent to issue certificates of origin, and includes any other association similarly recognised.
3
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THE SCHEDULE
(See sections 2 and 3)
PART I
_Documents in relation to which the Court “SHALL presume”._
1. Lloyd’s Register of Shipping.
2. Lloyd’s Daily Shipping Index.
3. Lloyd’s Loading List.
4. Lloyd’s Weekly Casually Reports.
5. Certificate of delivery of goods to the Manchester Ship Canal Company.
6. Official log book, supplementary official log book and official wireless log kept by a British ship.
7. Certificate of Registry, Safety Certificate, Safety Radio-Telegraphy Certificate, Exemption
Certificate, Certificate of Survey, Declaration of Survey, International Load Line Certificate, [1][Indian
Load Line Certificate], Report of Survey of a ship provisionally detained as unsafe, Report of Survey to
be served upon the master of a ship declared unsafe upon survey, Docking Certificate, Memorandum
issued under Article 56 of the International Convention for the Safety of Life at Sea, 1929.
8. Certificates A and B issued under the Indian Merchant Shipping Act, 1923.
9. The following documents relating to marine insurance, namely, insurance policy, receipt for
premium, certificate of insurance and insurance cover note.
10. Certificate concerning the loss of country craft issued by the appropriate authority under
Department of Commerce, Mercantile Marine Department Circular No. 2 of 1938.
11. Protest made before a Notary Public or other duly authorised official by a master of a ship relating
to circumstances calculated to affect the liability of the ship-owner.
12. Licence or permit for radio-telegraph apparatus carried in ships or aircraft.
13. Certificate of registration of an aircraft granted by the Government of the country to which the
aircraft belongs.
14. Certificate of airworthiness of an aircraft granted or validated by, or under the authority of, the
Government of the country to which the aircraft belongs.
15. Licences and certificates of competency of aircraft personnel granted or validated by, or under the
authority of, the Government of the country to which the personnel belongs.
16. Ground Engineer’s licence issued by a competent authority authorised in this behalf by
Government.
17. Consular Certificate in respect of goods shipped or shut out, consular certificates of origin, and
consular invoice.
1. Subs. by Act 35 of 1950, s. 3 and the Sch. II, for “British India Load Line Certificate”.
4
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18. Certificate of originof goods issued (but not merely attested) by a recognised Chamber of
Commerce, or by [1][an Indian or British Consular officer, or by an Indian or British] Trade Commissioner
or Agent.
19. Receipt for payment of customs duty issued by a customs authority.
20. Schedule issued by a port, dock, harbor, wharfage or warehouse authority, or by a Railway
company, showing fees, dues, freights or other charges for the storage, transport of other services in
connection with goods.
21. Tonnage schedule and schedule of fees, commission or other charges for services rendered, issued
by a recognised Chamber of Commerce.
22. The publication known as the Indian Railway Conference Association Coaching and Goods
Tariffs.
23. Copy, certified by the Registrar of Companies, of the Memorandum or the articles of association
of a company, files under the Indian Companies Act, 1913[2].
24. Protest, nothing and certifying the dishonor of a bill of exchange, made before a Notary Public or
other duly authorised official.
________
PART II
_Documents in relation to which the Court “MAY presume”_
1. Survey report issued by a competent authority —
(i) in respect of cargo loaded; or
(ii) certifying the quantity of coal loaded; or
(iii) in respect of the security of hatches.
2. Official log book, supplementary official log book and official wireless log kept by a foreign ship.
3. Dock certificate, dock chalan, dock receipt or warrant, port warehouse certificate or warrant, issued
by, or under the authority of, a port, dock, harbour or wharfage authority.
4. Certificate issued by a port, dock, harbour, wharfage or other authority having control of
acceptance of goods for shipping, transport or delivery, relating to the date or time of shipment of goods,
arrival of goods for acceptance, arrival of vessels or acceptance or delivery of goods, or to the allocation
of berthing accommodation to vessels.
5. Export application issued by a port authority showing dues paid, weight and measurement and the
shutting out of a consignment.
6. Certificate or receipt showing the weight or measurement of a consignment issued by the official
measurer of the Conference Lines, or by a sworn or licensed measurer, or by a recognised Chamber of
Commerce.
7. Reports and publications issued by a port authority showing the movement of vessels and
certificates issued by such authority relating to such movements.
1. Subs. by the A.O. 1948 for “a British Consular officer or British or Indian”.
2. See now the Companies Act, 1956 (1 of 1956).
5
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8. Certificate of safety for flight signed by a licensed Ground Engineer.
9. Aircraft log book, journey log book and log book, maintained by the owner or operator in respect
of aircraft.
10. Passenger list or manifest of goods carried in public transport aircraft.
11. Passenger ticket issued by a steamship company or air transport company.
12. Air consignment note and baggage check, issued by an air transport company in respect of goods
carried by air, and the counterfoil or duplicate thereof retained by the carrier.
13. Aircraft load sheet.
14.Storage warrant of a warehouse recognised by a customs, excise, port, dock, harbour, wharfage or
warehouse authority.
15. Acknowledgment receipt for goods granted by a port, dock, harbour, wharfage or warehouse
authority or by a Railway or Steamship company.
16. Customs or excise pass and customs or excise permit or certificate, issued by a customs or excise
authority.
17. Force majeure certificate issued by a recognised Chamber of Commerce.
18. Receipt of a Railway or Steamship company granted to a consignor in acknowledgment of goods
entrusted to the company for transport.
19. Receipt granted by the Posts and Telegraphs Department.
20. Certificate or survey award issued by a recognised Chamber of Commerce relating to the Quality,
size, weight or valuation of any goods, count of yarn or percentage of moisture in yarn and other goods.
21. Copy, certified by the Registrar of Companies, of the balancesheet, profit and loss account, and
audit report of a company, filled with the said Registrar under the Indian Companies Act, 1913[1], and the
rules made thereunder.
1. See now the Companies Act, 1956 (1 of 1956).
6
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|
10-Apr-1940 | 23 | The Drugs and Cosmetics Act, 1940 | https://www.indiacode.nic.in/bitstream/123456789/2409/1/a1940-23.pdf | central | # THE DRUGS AND COSMETICS ACT, 1940
_____________
ARRANGEMENT OF SECTIONS
_____________
CHAPTER I
INTRODUCTORY
SECTIONS
1. Short title, extent and commencement.
2. Application of other laws not barred.
3. Definitions.
3A. Construction of references to any law not in force or any functionary not in
existence in the State of Jammu and Kashmir.
4. Presumption as to poisonous substances.
CHAPTER II
# THE DRUGS TECHNICAL ADVISORY BOARD, THE CENTRAL DRUGS LABORATORY AND THE
DRUGS CONSULTATIVE COMMITTEE
5. The Drugs Technical Advisory Board.
6. The Central Drugs Laboratory.
7. The Drugs Consultative Committee.
7 A. Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs.
CHAPTER III
IMPORT OF DRUGS AND COSMETICS
8. Standards of quality.
9. Misbranded drugs.
9A. Adulterated drugs.
9B. Spurious drugs.
9C. Misbranded cosmetics.
9D. Spurious cosmetics.
10. Prohibition of import of certain drugs or cosmetics.
10A. Power of Central Government to prohibit import of drugs and cosmetics in
public interest.
11. Application of law relating to sea customs and powers of Customs officers.
12. Power of Central Government to make rules.
13. Offences.
14. Confiscation.
15. Jurisdiction.
1
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CHAPTER IV
MANUFACTURE. SALE AND DISTRIBUTSION OF DRUGS AND COSMETICS
SECTIONS
16. Standards of quality.
17. Misbranded drugs.
17A. Adulterated drugs.
17B. Spurious drugs.
17C. Misbranded cosmetics.
17D. Spurious cosmetics.
17E. Adulterated cosmetics.
18. Prohibition of manufacture and sale of certain drugs and cosmetics.
18A. Disclosure of the name of the manufacturer, etc.
18B. Maintenance of records and furnishing of information.
19. Pleas.
20. Government Analysts.
21. Inspectors.
22. Powers of Inspectors.
23. Procedure of Inspectors.
24. Persons bound to disclose place where drugs or cosmetics are manufactured or kept.
25. Reports of Government Analysts.
26. Purchaser of drug or cosmetic enabled to obtain test or analysis.
26A. Powers of Central Government to regulate, restrict or prohibit manufacture, etc., of
drug and cosmetic in public interest.
26B. Powers of Central Government to regulate or restrict, manufacture, etc., of drug in
public interest.
27. Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter.
27A. Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter.
28. Penalty for non-disclosure of the name of the manufacturer, etc.
28A.Penalty for not keeping documents, etc., and for non-disclosure of information.
28B. Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A.
29. Penalty for use of Government Analyst’s report for advertising.
30. Penalty for subsequent offences.
31. Confiscation.
31A. Application of provisions to Government departments.
32. Cognizance of offences.
32A. Power of Court to implead the manufacturer, etc.
32B. Compounding of certain offences.
33. Power of Central Government to make rules.
33A. Chapter not to apply to Ayurvedic, Siddha or Unani drugs.
CHAPTER IVA
# PROVISIONS RELATING TO AYURVEDIC, SIDDHA AND UNANI DRUGS
33B. Application of Chapter IVA.
33C. Ayurvedic and Unani Drugs Technical Advisory Board.
33D. The Ayurvedic, Siddha and Unani Drugs Consultative Committee.
2
-----
SECTIONS
33E. Misbranded drugs.
33EE. Adulterated drugs.
33EEA.Spurious drugs.
33EEB. Regulation of manufacture for sale of Ayurvedic, Siddha and Unani
drugs.
33EEC. Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani
drugs.
33EED. Power of Central Government to prohibit manufacture, etc., of Ayurvedic,
Siddha or Unani drugs in public interest.
33F. Government Analysts.
33G. Inspectors.
33H. Application of provisions of sections 22, 23, 24 and 25.
33-I. Penalty for manufacture, sale, etc., of Ayurvedic. Siddha or Unani drug in
contravention of this Chapter.
33J. Penalty for subsequent offences.
33K. Confiscation.
33KA. Disclosure of name of manufacturer, etc.
33KB. Maintenance of records and furnishing of informantion.
33L. Application of provisions to Government departments.
33M. Cognizance of offences.
33N. Power of Central Government to make rules.
33-O. Power to amend First Schedule.
CHAPTER V
MISCELLANEOUS
33P. Power to give directions.
34. Offences by companies.
34A. Offences by Government departments.
34AA. Penalty for vexatious search or seizure.
35. Publication of sentences passed under this Act.
36. Magistrate’s power to impose enhanced penalties.
36A. Certain offences to be tried summarily.
36AB. Special Courts.
36AC. Offences to be cognizable and non-bailable in certain cases.
36AD. Application of Code of Criminal Procedure, 1973 to proceedings before special Court.
36AE. Appeal and revision.
37. Protection of action taken in good faith.
38. Rules to be laid before Parliament.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
3
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# THE DRUGS AND COSMETICS ACT, 1940
ACT NO. 23 OF 1940[1]
[10th April, 1940.]
# An Act to regulate the import, manufacture, distribution and sale of drugs [2][and cosmetics].
WHEREAS it is expedient to regulate the [3][import, manufacture, distribution and sale] of drugs [2][and
cosmetics];
AND WHEREAS the Legislatures of all the Provinces have passed resolutions in terms of section 103
of the Government of India Act, 1935 (26 Geo. 5, c. 2), in relation to such of the above-mentioned
matters and matters ancillary thereto as are enumerated in List II of the Seventh Schedule to the said Act:
It is hereby enacted as follows: —
CHAPTER I
INTRODUCTORY
**1. Short title, extent and commencement. —(1) This Act may be called the Drugs [4][and Cosmetics]**
Act, 1940.
# (2) It extends to the whole of India [5]* * *.
(3) It shall come into force at once; but Chapter III shall take effect only from such date[6] as the
Central Government may, by notification in the Official Gazette, appoint in this behalf, and Chapter IV shall take effect in a particular State only from such date[6] as the State Government may, by like notification, appoint in this behalf :
7[Provided that in relation to the State of Jammu and Kashmir*, Chapter III shall take effect only
# from such date[8] after the commencement of the Drugs and Cosmetics (Amendment) Act, 1972 (19 of 1972), as the Central Government may, by notification in the Official Gazette, appoint in this behalf.]
1. The Act has been applied to all the partially excluded areas in the State of Orissa, _see_ Orissa Government notification
No. 3358-LSG., dated the 25th August, 1941.
2. Ins. by Act 21 of 1962, s.2 (w.e.f. 27-7-1964).
3. Subs. by the A.O. 1950, for certain words.
4. Ins. by Act 21 of 1962, s. 3 (w.e.f. 27-7-1964).
5. The words “except the State of Jammu and Kashmir” omitted by Act 19 of 1972, s. 2.
6. 1st April, 1947; see notification No. F. 28(10) (3) 45H(I), dated the 2nd September, 1946, Gazette of India, 1946, Pt. I, p. 1349.
Ch. IV came into force in the States of Delhi. Ajmer and Coorg on the 1st April, 1947, see ibid., Chs. III and IV came into
force in the States of H.P., Bilaspur, Kutch, Bhopal, Tripura, Vindhya Pradesh and Manipur on the 1st April, 1953, _vide_
notification No. S.R.O. 663, dated the 30th March, 1953, Gazette of India, Pt II, Sec. 3, p. 451.
Ch. IV came into force in the Union territory of Dadra and Nagar Haveli w.e.f. 1st August, 1968,
_see notification. No. ADM/Law/117(74), dated the 20th July, 1968, Gazette of India, PT. III, Sec. 3, p. 128._
The Act is extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I; to Pondicherry by Reg. 7 of 1963, s. 3
and the Sch. I; to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and to the whole of the Union territory of Lakshadweep by
Reg. 8 of 1965, s. 3 and Sch.
7. Added by Act 19 of 1972, s. 2.
8. 24th August, 1974, vide notification. No. S.O. 2185, dated the 9th August, 1974, Gazette of India, 1974, Pt. II, Sec. 3 (ii), p. 2331.
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
4
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# 2. Application of other laws not barred. —The provisions of this Act shall be in addition
to, and not in derogation of, the Dangerous Drugs Act, 1930 (2 of 1930), and any other law for the time being in force.
3. Definitions. —In this Act, unless there is anything repugnant in the subject or
context, —
1[(a) “2[Ayurvedic, Siddha or Unani] drug” includes all medicines intended for
# internal or external use for or in the diagnosis, treatment, mitigation or prevention of
3[disease or disorder in human beings or animals, and manufactured] exclusively in
# accordance with the formulae described in, the authoritative books of [3][Ayurvedic, Siddha and Unani Tibb system of medicine], specified in the First Schedule;]
4[(aa) “the Board” means—
# (i) in relation to [2][Ayurvedic, Siddha or Unani] drug, the [3][Ayurvedic, Siddha
and Unani Drugs Technical Advisory Board] constituted under section 33C; and
(ii) in relation to any other drug or cosmetic, the Drugs Technical Advisory Board
constituted under section 5;]
5[ 6[(aaa)] “cosmetic” means any article intended to be rubbed, poured, sprinkled or
# sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and includes any article intended for use as a component of cosmetic [7]* * *;]
[8][(b) “drug” includes—
9[(i) all medicines for internal or external use of human beings or animals and all
# substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body for the purpose of repelling insects like mosquitoes;]
(ii) such substances (other than food) intended to affect the structure or any
function of the human body or intended to be used for the destruction of [10][vermin] or insects which cause disease in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette;]
11[(iii) all substances intended for use as components of a drug including empty gelatin
# capsules; and
(iv) such devices intended for internal or external use in the diagnosis, treatment,
mitigation or prevention of disease or disorder in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette, after consultation with the Board;]
1. Ins. by Act 13 of 1964, s. 2 (w.e.f. 15-9-1964).
2. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983).
3. Subs. by s. 3, ibid., for certain words (w.e.f. 1-2-1983).
4. Clause (a) was re-lettered as cl. (aa) and subs. by Act 13 of 1964, s. 2 (w.e.f. 15-9-1964).
5. Ins. by Act 21 of 1962, s. 4 (w.e.f. 27-7-1964).
6. Clause (aa) re-lettered by Act 13 of 1964, s. 2 (w.e.f. 15-9-1964).
7. Certain words omitted by Act 68 of 1982, s.3 (w.e.f. 1-2-1983).
8. Subs. by Act 11 of 1955, s. 2, for cl. (b).
9. Subs. by Act 68 of 1982, s. 3, for sub-clause (i) (w.e.f. 1-2-1983).
10. Subs. by Act 13 of 1964, s. 2 for “vermins” (w.e.f. 15-9-1964).
11. Ins. by Act 68 of 1982, s. 3 (w.e.f. 1-2-1983).
5
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[1][(c) “Government Analyst” means—
(i) in relation to [2][Ayurvedic, Siddha or Unani] drug, a Government Analyst
appointed by the Central Government or a State Government under section 33F; and
(ii) in relation to any other drug or cosmetic, a Government Analyst appointed by the Central
Government or a State Government under section 20;]
[3]* - - -
4[(e) “Inspector” means—
(i) in relation to [2][Ayurvedic, Siddha or Unani] drug, an Inspector appointed by
the Central Government or a State Government under section 33G; and
(ii) in relation to any other drug or cosmetic, an Inspector appointed by the
Central Government or a State Government under section 21;]
5[ 6[(f)] “manufacture” in relation to any drug 7[or cosmetic] includes any process or part
of a process for making, altering, ornamenting, finishing, packing, labeling, breaking up or
otherwise treating or adopting any drug [7][or cosmetic] with a view to its [8][sale or distribution] but does
not include the compounding or dispensing [9][of any drug, or the packing of any drug or cosmetic,] in the
ordinary course of retail business; and “to manufacture” shall be construed accordingly;]
10[(g)] “to import”, with its grammatical variations and cognate expressions means to bring into
11[India];
12[ 10[(h)] “patent or proprietary medicine” means, —
(i) in relation to Ayurvedic, Siddha or Unani Tibb systems of medicine all
formulations containing only such ingredients mentioned in the formulae described in the
authoritative books of Ayurvedic, Siddha or Unani Tibb systems of medicine specified in
the First Schedule, but does not include a medicine which is administered by parenteral
route and also a formulation included in the authoritative books as specified in clause (a);
(ii) in relation to any other systems of medicine, a drug which is a remedy or
prescription presented in a form ready for internal or external administration of human
beings or animals and which is not included in the edition of the Indian Pharmacopoeia
for the time being or any other Pharmacopoeia authorised in this behalf by the Central
Government after consultation with the Drugs Technical Adivisory Board constituted
under section 5;]
13[ 10[(i)] “prescribed” means prescribed by rules made under this Act.]
1. Subs. by Act 13 of 1964, s. 2, for cl. (c) (w.e.f. 15-9-1964).
2. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983).
3. Cl. (d) omitted by Act 19 of 1972, s. 3.
4. Subs. by Act 13 of 1964, s. 2, for cl. (e) (w.e.f. 15-9-1964).
5. Cl. (bbb) ins. by Act 11 of 1955, s. 2.
6. Cl. (bbb) relettered as cl. (f) by Act 35 of 1960, s. 2 (w.e.f. 16-3-1961).
7. Ins. by Act 21 of 1962, s. 4 (w.e.f. 27-7-1964).
8. Subs. by Act 68 of 1982, s. 3, “sale and distribution” (w.e.f. 1-2-1983).
9. Subs. by Act 21 of 1962, s. 4, for “or packing of any drug”.
10. Cls. (c), (d) and (e) relettered as cls. (g), (h) and (i) respectively by Act 35 of 1960, s. 2 (w.e.f. 16-3-1961).
11. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
12. Subs. by Act 68 of 1982, s. 3, for cl. (h) (w.e.f. 1-2-1983).
13. Subs. by Act 11 of 1955, s. 2, for original cl. (e).
6
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1* - - -
**2[3A. Construction of references to any law not in force or any functionary not in existence in**
**the State of Jammu and Kashmir*.—Any** reference in this Act to any law which is not in force, or any
functionary not in existence, in the State of Jammu and Kashmir*, shall, in relation to that State, be
construed as a reference to the corresponding law in force, or to the corresponding functionary in
existence, in that State.]
**4. Presumption as to poisonous substances.—Any** substance specified as poisonous by
rule made under Chapter II or Chapter IV [3][or Chapter IVA] shall be deemed to be a poisonous
substance for the purposes of Chapter III or Chapter IV [3][or Chapter IVA], as the case may be.
CHAPTER II
THE DRUGS TECHNICAL ADVISORY BOARD, THE CENTRAL DRUGS LABORATORY AND THE
DRUGS CONSULTATIVE COMMITTEE
**5. The Drugs Technical Advisory Board.—(1) The Central Government shall, as soon as may**
be, constitute a Board (to be called the Drugs Technical Advisory Board) to advise the Central
Government and the State Governments on technical matters arising out of the administration of
this Act and to carry out the other functions assigned to it by this Act.
4[(2) The Board shall consist of the following members, namely:—
(i) the Director General of Health Services, _ex_ _officio, who shall be_ the Chairman;
(ii) the Drugs Controller, India, ex officio;
(iii) the Director of the Central Drugs Laboratory, Calcutta, _ex officio;_
(iv) the Director of the Central Research Institute, Kasauli, _ex officio;_
(v) the Director of the Indian Veterinary Research Institute, Izatnagar, _ex officio;_
(vi) the President of the Medical Council of India, _ex_ _officio;_
(vii) the President of the Pharmacy Council of India, _ex officio;_
(viii) the Director of the Central Drug Research Institute, Lucknow, _ex_ _officio;_
(ix) two persons to be nominated by the Central Government from among persons
who are in charge of drugs control in the States;
(x) one person, to be elected by the Executive Committee of the Pharmacy Council of
India, from among teachers in pharmacy or pharmaceutical chemistry or pharmacognosy on
the staff of an Indian university or a college affiliated thereto;
(xi) one person, to be elected by the Executive Committee of the Medical Council of India, from
among teachers in medicine or therapeutics on the staff of an Indian university or a college affiliated
thereto;
(xii) one person to be nominated by the Central Government from the pharmaceutical
industry;
1. Cl. (f) omitted by Act 3 of 1951, s. 3 and Sch.
2. Ins. by Act 19 of 1972, s. 4.
3. Ins. Act 13 of 1964, s. 3 (w.e.f. 15-9-1964).
4. Subs. by s. 4, ibid., for sub-section (2) (w.e.f. 15-9-1964).
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
7
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(xiii) one pharmacologist to be elected by the Governing Body of the Indian Council of Medical
Research;
(xiv) one person to be elected by the Central Council of the Indian Medical
Association;
(xv) one person to be elected by the Council of the Indian Pharmaceutical
Association;
(xvi) two persons holding the appointment of Government Analyst under this Act, to be
nominated by the Central Government.]
(3) The nominated and elected members of the Board shall hold office for three years, but shall be
eligible for re-nomination and re-election :
1[Provided that the person nominated or elected, as the case may be, under clause (ix) or
clause (x) or clause (xi) or clause (xvi) of sub-section (2) shall hold office for so long as he holds
the appointment of the office by virtue of which he was nominated or elected to the Board.]
(4) The Board may, subject to the previous approval of the Central Government, make bye
laws fixing a quorum and regulating its own procedure and the conduct of all business to be
transacted by it.
(5) The Board may constitute sub-committees and may appoint to such sub-committees for
such periods, not exceeding three years, as it may decide, or temporarily for the consideration
of particular matters, persons who are not members of the Board.
(6) The functions of the Board may be exercised notwithstanding any vacancy therein.
(7) The Central Government shall appoint a person to be Secretary of the Board and shall
provide the Board with such clerical and other staff as the Central Government considers
necessary.
**6. The Central Drugs Laboratory.—(1)** The Central Government shall, as soon as may
be, establish a Central Drugs Laboratory under the control of a Director to be appointed by
the Central Government, to carry out the functions entrusted to it by this Act or any rules
made under this Chapter :
Provided that, if the Central Government so prescribes, the functions of the Central Drugs
Laboratory in respect of any drug or class of drugs [2][or cosmetic or class of cosmetics] shall be
carried out at the Central Research Institute, Kasauli, or at any other prescribed Laboratory and
the functions of the Director of the Central Drugs Laboratory in respect of such drug or class of
drugs [2][or such cosmetic or class of cosmetics] shall be exercised by the Director of that
Institute or of that other Laboratory, as the case may be.
(2) The Central Government may, after consultation with the Board, make rules
prescribing—
(a) the functions of the Central Drugs Laboratory;
3* - - -
(d) the procedure for the submission to the said Laboratory [4][under Chapter IV or
Chapter IVA] of samples of drugs [2][or cosmetics] for analysis or test, the forms of the
Laboratory’s reports thereon and the fees payable in respect of such reports;
(e) such other matters as may be necessary or expedient to enable the said Laboratory to carry
out its functions;
1. Subs. by Act 13 of 1964, s. 4, for the proviso (w.e.f. 15-9-1964).
2. Ins. by Act 21 of 1962, s. 5 (w.e.f. 27-7-1964).
3. Cls. (b) and (c) omitted by Act 11 of 1955, s. 4.
4. Subs. by Act 13 of 1964, s. 5, for “under Chapter IV” (w.e.f. 15-9-1964).
8
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(f) the matters necessary to be prescribed for the purposes of the proviso to
sub-section (1).
**7. The Drugs Consultative Committee.—(1) The Central Government may constitute an**
advisory committee to be called “the Drugs Consultative Committee” to advise the Central
Government, the State Governments and the Drugs Technical Advisory Board on any matter
tending to secure uniformity throughout [1][India] in the administration of this Act.
(2) The Drugs Consultative Committee shall consist of two representatives of the Central
Government to be nominated by that Government and one representative of each State
Government to be nominated by the State Government concerned.
(3) The Drugs Consultative Committee shall meet when required to do so by the Central Government
and shall have power to regulate its own procedure.
2[7A. Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs.—Nothing contained
in sections 5 and 7 shall apply to [3][Ayurvedic, Siddha or Unani] drugs.]
CHAPTER III
4[IMPORT OF DRUGS AND COSMETICS]
**8. Standards of quality.—[5][(1) For the purposes of this Chapter, the expression “standard quality”**
means—
(a) in relation to a drug, that the drug complies with the standard set out in [6][the Second
Schedule], and
(b) in relation to a cosmetic, that the cosmetic complies with such standard as may be prescribed.]
(2) The Central Government, after consultation with the Board and after giving by notification
in the Official Gazette not less than three months’ notice of its intention so to do, may by a like
notification add to or otherwise amend [6][the Second Schedule], for the purposes of this Chapter,
and thereupon [6][the Second Schedule] shall be deemed to be amended accordingly.
7[9. Misbranded drugs.—For the purposes of this Chapter, a drug shall be deemed to be
misbranded—
(a) if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to
appear of better or greater therapeutic value than it really is; or
(b) if it is not labelled in the prescribed manner; or
(c) if its label or container or anything accompanying the drug bears any statement, design
or device which makes any false claim for the drug or which is false or misleading in any
particular.]
**8[9A. Adulterated drugs.—For the purposes of this Chapter, a drug shall be deemed to be**
adulterated,—
(a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or
1. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the States”.
2. Ins. by Act 13 of 1964, s. 6 (w.e.f. 15-9-1964).
3. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983).
4. Subs. by s. 4, ibid., for the heading under Chapter III (w.e.f. 1-2-1983).
5. Subs. by Act 21 of 1962, s. 2, for sub-section (1) (w.e.f. 27-7-1964).
6. Subs. by Act 13 of 1964, s. 7, for “the Schedule” (w.e.f. 15-9-1964).
7. Subs. by Act 68 of 1982, s. 5, for section 9 (w.e.f. 1-2-1983).
8. Subs. by s. 6, ibid., for sections 9A and 9B (w.e.f. 1-2-1983).
9
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(b) if it has been prepared, packed or stored under insanitary conditions whereby it may
have been contaminated with filth or whereby it may have been rendered injurious to health;
or
(c) if its container is composed in whole or in part, of any poisonous or deleterious
substance which may render the contents injurious to health; or
(d) if it bears or contains, for purposes of colouring only, a colour other than one which is
prescribed; or
(e) if it contains any harmful or toxic substance which may render it injurious to
health; or
(f) if any substance has been mixed therewith so as to reduce its quality or strength.
**9B. Spurious drugs.—For the purposes of this Chapter, a drug shall be deemed to be**
spurious—
(a) if it is imported under a name which belongs to another drug; or
(b) if it is an imitation of, or is a substitute for, another drug or resembles another drug in
a manner likely to deceive or bears upon it or upon its label or container the name of another
drug unless it is plainly and conspicuously marked so as to reveal its true character and its
lack of identity with such other drug; or
(c) if the label or container bears the name of an individual or company purporting to
be the manufacturer of the drug, which individual or company is fictitious or does not
exist; or
(d) if it has been substituted wholly or in part by another drug or substance; or
(e) if it purports to be the product of a manufacturer of whom it is not truly a product
**9C. Misbranded cosmetics.—For** the purposes of this Chapter, a cosmetic shall be deemed to be
misbranded—
(a) if it contains a colour which is not prescribed; or
(b) if it is not labelled in the prescribed manner; or
(c) if the label or container or anything accompanying the cosmetic bears any
statement which is false or misleading in any particular.
**9D. Spurious cosmetics.—For** the purposes of this Chapter, a cosmetic shall be deemed to be
spurious,—
(a) if it is imported under a name which belongs to another cosmetic; or
(b) if it is an imitation of, or is a substitute for, another cosmetic or resembles another
cosmetic in a manner likely to deceive or bears upon it or upon its label or container the
name of another cosmetic, unless it is plainly and conspicuously marked so as to reveal its
true character and its lack of identity with such other cosmetic; or
(c) if the label [,]or container bears the name of an individual or a company purporting to
be the manufacturer of the cosmetic which individual or company is fictitious or does not
exist; or
(d) if it purports to be product of a manufacture of whom it is not truly a product.]
**10. Prohibition of import of certain drugs or cosmetics.—From such date[1] as may be fixed**
by the Central Government by notification in the Official Gazette in this behalf, no person shall
import—
1. 1st April, 1947, for cls. (a), (b), (c), (e) and (f) and 1st April, 1949, for cl. (d), see notification No. 18-12-46-D-I, dated the 11th
February, 1947, Gazette of India, 1947, Pt. I, p 189 as amended by notification No. F-1-2/48-D(I), dated the 29th September,
1948, 1st April, 1953, for the State of H.P., Bilaspur, Kutch, Bhopal, Tripura, Vindhya Pradesh and Manipur vide notification
No. S.R.O. 666, dated the 30th March, 1953, Gazette of India, 1953, Pt. II, Sec. 3, p. 451.
10
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(a) any drug [1][or cosmetic] which is not of standard quality;
2[(b) any misbranded drug 3[or misbranded or spurious cosmetics];]
4[(bb) any 5[adulterated or spurious;] drug;]
(c) any drug [1][or cosmetic] for the import of which a licence is prescribed, otherwise
than under, in accordance with, such licence;
6[(d) any patent or proprietary medicine, unless there is displayed in the prescribed
manner on the label or container thereof [7][the true formula or list of active ingredients contained in it together with the quantities thereof];]
(e) any drug which by means of any statement, design or device accompanying it or
by any other means, purports or claims to cure or mitigate any such disease or ailment,
or to have any such other effect, as may be prescribed;
1[(ee) any cosmetic containing any ingredient which may render it unsafe or
harmful for use under the directions indicated or recommended;]
(f) any drug [1][or cosmetic] the import of which is prohibited by rule made
under this Chapter :
Provided that nothing in this section shall apply to the import, subject to prescribed con
ditions, of small quantities of any drug for the purpose of examination, test or analysis or for
personal use :
Provided further that the Central Government may, after consultation with the Board, by
notification in the Official Gazette, permit, subject to any conditions specified in the
notification, the import of any drug or class of drugs not being of standard quality.
8* - - -
**9[10A. Power of Central Government to prohibit import of drugs and cosmetics in**
**public interest.—Without** prejudice to any other provision contained in this Chapter, if the
Central Government is satisfied that the use of any drug or cosmetic is likely to involve any
risk to human beings or animals or that any drug does not have the therapeutic value claimed
for it or contains ingredients and in such quantity for which there is no therapeutic justification
and that in the public interest it is necessary or expedient so to do then, that Government may,
by notification in the Official Gazette, prohibit the import of such drug or cosmetic.]
**11. Application of law relating to sea customs and powers of Customs officers.—(1)** The
law for the time being in force relating to sea customs and to goods, the import of which is prohibited by section 18 of the Sea Customs Act, 1878[10] (18 of 1878) shall, subject to the provisions
of section 13 of this Act, apply in respect of drugs [11][and cosmetics] the import of which is
# prohibited under this Chapter and officers of Customs and officers empowered under that Act to perform the duties imposed thereby on a [12][Commissioner of Customs] and other officers of
1. Ins. by Act 21 of 1962, s. 8 (w.e.f. 27-7-1964).
2. Subs. by s. 8, ibid., for clause (b) (w.e.f. 27-7-1964).
3. Subs. by Act 68 of 1982, s. 7, for “or misbranded cosmetic” (w.e.f. 1-2-1983).
4. Ins. by Act 13 of 1964, s. 9 (w.e.f. 15-9-1964).
5. Subs, by Act 68 of 1982; s. 7, for “adulterated” (w.e.f. 1-2-1983).
6. Subs. by Act 11 of 1955, s. 5, for clause (d).
7. Subs. by Act 68 of 1982, s. 7, for certain words (w.e.f. 1-2-1983).
8. The Explanation omitted by Act 68 of 1982, s. 7 (w.e.f. 1-2-1983).
9. Ins. by s. 8, ibid. (w.e.f. 1-2-1983).
10. Now see the Customs Act, 1962.
11. Ins. by Act 21 of 1962, s. 9 (w.e.f. 27-7-1964).
12. Subs. by Act 22 of 1995, s. 83, for “Customs Collector”.
11
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Customs, shall have the same powers in respect of such drugs [1][and cosmetics] as they have for the time
being in respect of such goods as aforesaid.
2[(2) Without prejudice to the provisions of sub-section (1), the 3[Commissioner of
Customs] or any officer of the Government authorised by the Central Government in this
behalf, may detain any imported package which he suspects to contain any drug [1][or
cosmetic] the import of which is prohibited under this Chapter and shall forthwith report
such detention to the Drugs Controller, India and, if necessary, forward the package or
sample of any suspected drug [1][or cosmetic] found therein to the Central Drugs Laboratory.]
**12. Power of Central Government to make rules.** _—(1)_ The Central Government may,
4[after consultation with or on the recommendation of the Board] and after previous publication
by notification in the Official Gazette, make rules for the purpose of giving effect to the
provisions of this Chapter :
5[Provided that consultation with the Board may be dispensed with if the Central
Government is of opinion that circumstances have arisen which render it necessary to make
rules without such consultation, but in such a case the Board shall be consulted within six
months of the making of the rules and the Central Government shall take into consideration
any suggestions which the Board may make in relation to the amendment of the said rules.]
(2) Without prejudice to the generality of the foregoing power, such rules may—
(a) specify the drugs or classes of drugs [6][or cosmetics or classes of cosmetics] for the
import of which a licence is required, [7][and prescribed the form and conditions of such
licences, the authority empowered to issue the same, the fees payable therefor and provide
for the cancellation, or suspension of such licence in any case where any provision of this
Chapter or the rules made thereunder is contravened or any of the conditions subject to
which the licence is issued is not complied with] ;
(b) prescribe the methods of test or analysis to be employed in determining whether a drug
6[or cosmetic] is of standard quality ;
(c) prescribe, in respect of biological and organometallic compounds, the units or methods of
standardisation;
8[(cc) prescribe under clause (d) of 9[section 9A] the colour or colours which a drug
may bear or contain for purposes of colouring;]
(d) specify the diseases or ailments which an imported drug may not purport or claim
10[to prevent, cure or mitigate] and such other effects which such drug may not purport or
claim to have;
(e) prescribe the conditions subject to which small quantities of drugs, the import of
which is otherwise prohibited under this Chapter, may be imported for the purpose of
examination, test or analysis or for personal use;
(f) prescribe the places at which drugs [6][or cosmetics] may be imported, and prohibited their
import at any other place;
1. Ins. by Act 21 of 1962, s. 9 (w.e.f. 27-7-1964).
2. Subs. by Act 11 of 1955, s. 6, for sub-section (2).
3. Subs. by Act 22 of 1995, s. 83, for “Customs Collector”.
4. Subs. by Act 68 of 1982, s. 9, for “after consultation with the Board” (w.e.f. 1-2-1983).
5. Ins. by Act 11 of 1955, s. 7.
6. Ins. by Act 21 of 1962, s. 10 (w.e.f. 27-7-1964).
7. Subs. by Act 68 of 1982, s. 9, for certain words (w.e.f. 1-2-1983).
8. Ins. by Act 13 of 1964, s. 10 (w.e.f. 15-9-1964).
9. Subs. by Act 68 of 1982, s. 9, for “section 9B” (w.e.f. 1-2-1983).
10. Subs. by Act 11 of 1955, s. 7 for “to cure or mitigate”.
12
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(g) require the date of manufacture and the date of expiry of potency to be clearly and
truely stated on the label or container of any specified imported drug or class of such drug,
and prohibit the import of the said drug or class of drug after the expiry of a specified period
from the date of manufacture;
(h) regulate the submission by importers, and the securing, of samples of drugs
1[or cosmetics] for examination, test or analysis by the Central Drugs Laboratory, and
prescribed the fees, if any, payable for such examination, test or analysis;
(i) prescribe the evidence to be supplied, whether by accompanying documents or
otherwise, of the quality of drugs [1][or cosmetics] sought to be imported, the procedure of
officers of Customs in dealing with such evidence, and the manner of storage at places of
import of drugs [l][or cosmetics] detained pending admission;
(j) provide for the exemption, conditionally or otherwise, from all or any of the provisions
of this Chapter and the rules made thereunder of drugs [1][or cosmetics] imported for the
purpose only of transport through, and export from, [2][India];
(k) prescribe the conditions to be observed in the packing in bottles, packages or other
containers, of imported drugs [1][or cosmetics] [3][including the use of packing material which comes
into direct contact with the drugs];
(l) regulate the mode of labelling drugs [1][or cosmetics] imported for sale in packages, and
prescribe the matters which shall or shall not be included in such labels;
(m) prescribe the maximum proportion of any poisonous substance which may be added
to or contained in any imported drug, prohibit the import of any drug in which that proportion
is exceeded, and specify substances which shall be deemed to be poisonous for the purposes
of this Chapter and the rules made thereunder;
(n) require that the accepted scientific name of any specified drug shall be displayed in the
prescribed manner on the label or wrapper of any imported, patent or proprietary medicine
containing such drug ;
(o) provide for the exemption, conditionally or otherwise, from all or any of the provisions of
this Chapter or the rules made thereunder of any specified drug or class of drugs [l][or cosmetics or
class of cosmetics].
4[13. Offenees.—(1) Whoever himself or by any other person on his behalf imports,—
(a) any drug deemed to be adulterated under section 9A or deemed to be a spurious drug
under section 9B or any spurious cosmetic referred to in section 9D or any cosmetic of the
nature referred to in clause (ee) of section 10 shall be punishable with imprisonment for a term
which may extend to three years and a fine which may extend to five thousand rupees;
(b) any drug or cosmetic other than a drug or cosmetic referred to in clause (a), the
import of which is prohibited under section 10, or any rule made under this Chapter, shall be
punishable with imprisonment for a term which may extend to six months, or with fine which
may extend to five hundred rupees, or with both;
(c) any drug or cosmetic in contravention of the provisions of any notification issued under
section 10A, shall be punishable with imprisonment for a term which may extend to three
years, or with fine which may extend to five thousand rupees, or with both.
1. Ins. by Act 21 of 1962, s. 10 (w.e.f. 27-7-1964).
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
3. Ins. by Act 68 of 1982, s. 9 (w.e.f. 1-2-1983).
4. Subs. by s. 10, ibid., for section 13 (w.e.f. 1-2-1983).
13
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(2) Whoever having been convicted of an offence—
(a) under clause (a) or clause (c) of sub-section (1), is again convicted of an offence
under that clause, shall be punishable with imprisonment for a term which may extend to
five years, or with fine which may extend to ten thousand rupees, or with both;
(b) under clause (b) of sub-section (1), is again convicted of an offence under that
clause, shall be punishable with imprisonment for a term which may extend to one year,
or with fine which may extend to one thousand rupees, or with both.
(3) The punishment provided by this section shall be in addition to any penalty to which
the offender may be liable under the provisions of section 11.]
**14. Confiscation.—Where** any offence punishable under section 13 has been committed, the
consignment of the drugs [1][or cosmetics] in respect of which the offence has been committed shall be
liable to confiscation.
**15. Jurisdiction.—No** Court inferior to that [2][of a Metropolitan Magistrate or of a Judicial Magistrate
of the first class] shall try an offence punishable under section 13.
CHAPTER IV
MANUFACTURE, SALE AND DISTRIBUTION OF [3][DRUGS AND COSMETICS]
**16. Standards of quality. —[4][(1) For the purposes of this Chapter, the expression “standard quality”**
means—
(a) in relation to a drug, that the drug complies with the standard set out in [5][the Second
Schedule], and
(b) in relation to a cosmetic, that the cosmetic complies with such standard as may
be prescribed.]
(2) The [6][Central Government], after consultation with the Board and after giving by
notification in the Official Gazette not less than three months’ notice of its intention so to do,
may by a like notification add to or otherwise amend [5][the Second Schedule] for the purposes
of this Chapter, and thereupon [5][the Second Schedule] shall be deemed to be amended
accordingly.
7[17. **Misbranded drugs.—For** the purposes of this Chapter, a drug shall be deemed to be
misbranded,—
(a) if it is so coloured, coated, powdered or polished that damage is concealed or if it
is made to appear of better or greater therapeutic value than it really is; or
(b) if it is not labelled in the prescribed manner; or
(c) if its label or container or anything accompanying the drug bears any statement,
design or device which makes any false claim for the drug or which is false or misleading in
any particular.
1. Ins. by Act 21 of 1962, s. 11 (w.e.f. 27-7-1964).
2. Subs. by Act 68 of 1982, s. 11, for certain words (w.e.f. 1-2-1983).
3. Subs. by s. 12, ibid., for “DRUGS” (w.e.f. 1-2-1983).
4. Subs. by Act 21 of 1962, s. 12, for sub-section (1) (w.e.f. 27-7-1964).
5. Subs. by Act 13 of 1964, s. 11, for “the Schedule” (w.e.f. 15-9-1964).
6. Subs. by Act 11 of 1955, s. 8, for “State Government”.
7. Subs. by Act 68 of 1982, s. 13, for sections 17, 17A and 17B (w.e.f. 1-2-1983).
14
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**17A. Adulterated drugs.—** For the purposes of this Chapter, a drug shall be deemed to be
adulterated,—
(a) if it consists in whole or in part, of any filthy, putrid or decomposed substance; or
(b) if it has been prepared, packed or stored under insanitary conditions whereby it
may have been contaminated with filth or whereby it may have been rendered injurious to
health; or
(c) if its container is composed, in whole or in part, of any poisonous or deleterious
substance which may render the contents injurious to health; or
(d) if it bears or contains, for purposes of colouring only, a colour other than one which is
prescribed; or
(e) if it contains any harmful or toxic substance which may render it injurious to
health; or
(f) if any substance has been mixed therewith so as to reduce its quality or strength.
**17B. Spurious drugs.—For the purposes of this Chapter, a drug shall be deemed to be**
spurious,—
(a) if it is manufactured under a name which belongs to another drug; or
(b) if it is an imitation of, or is a substitute for, another drug or resembles another drug
in a manner likely to deceive or bears upon it or upon its label or container the name of
another drug unless it is plainly and conspicuously marked so as to reveal its true character
and its lack of identity with such other drug; or
(c) if the label or container bears the name of an individual or company purporting to be the
manufacturer of the drug, which individual or company is fictitious or does not exist; or
(d) if it has been substituted wholly or in part by another drug or substance; or
(e) if it purports to be the product of a manufacturer of whom it is not truly a product.
**17C. Misbranded cosmetics.—For** the purposes of this Chapter, a cosmetic shall be deemed to be
misbranded,—
(a) if it contains a colour which is not prescribed; or
(b) if it is not labelled in the prescribed manner; or
(c) if the label or container or anything accompanying the cosmetic bears any state
ment which is false or misleading in any particular.
**17D. Spurious cosmetics.—For** the purposes of this Chapter, a cosmetic shall be deemed to be
spurious,—
(a) if it is manufactured under a name which belongs to another cosmetic; or
(b) if it is an imitation of, or a substitute for, another cosmetic or resembles another
cosmetic in a manner likely to deceive or bears upon it or upon its label or container the
name of another cosmetic unless it is plainly and conspicuously marked so as to re veal its
true character and its lack of identity with such other cosmetic; or
(c) if the label or container bears the name of an individual or a company purporting to
be the manufacturer of the cosmetic which individual or company is fictitious or does not
exist; or
(d) if it purports to be the product of a manufacturer of whom it is not truly a product.]
15
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**1[17E. Adulterated cosmetics. — For** the purposes of this Chapter, a cosmetic shall be deemed to be
adulterated,—
(a) if it consists in whole or in part, of any filthy, putrid or decomposed substance; or
(b) if it has been prepared, packed or stored under insanitary conditions whereby it may have
been contaminated with filth or whereby it may have been rendered injurious to health; or
(c) if its container is composed, in whole or in part, of any poisonous or deleterious substance
which may render the contents injurious to health; or
(d) if it bears or contains, for purposes of colouring only, a colour other than one which is
prescribed; or
(e) if it contains any harmful or toxic substance which may render it injurious to health; or
(f) if any substance has been mixed therewith so as to reduce its quality or strength.]
**18. Prohibition of manufacture and sale of certain drugs and cosmetics.—From** such [2]date as
may be fixed by the State Government by notification in the Official Gazette in this behalf, no person
shall himself or by any other person on his behalf—
(a) [3][manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale,] or
distribute—
4[(i) any drug which is not of a standard quality, or is misbranded, adulterated or spurious;
5[(ii) any cosmetic which is not of a standard quality or is misbranded, adulterated or
spurious;]]
6[(iii) any patent or proprietary medicine, unless there is displayed in the prescribed
manner on the label or container thereof [3][the true formula or list of active ingredients
contained in it together with the quantities thereof];]
(iv) any drug which by means of any statement design or device accompanying it or
by any other means, purports or claims [7][to prevent, cure or mitigate] any such disease or
ailment, or to have any such other effect as may be prescribed;
8[(v) any cosmetic containing any ingredient which may render it unsafe or harmful for use
under the directions indicated or recommended;
(vi) any drug or cosmetic in contravention of any of the provisions of this Chapter or any
rule made thereunder;]
(b) [3][sell or stock or exhibit or offer for sale,] or distribute any drug [9][or cosmetic] which has been
imported or manufacutred in contravention of any of the provisions of this Act or any rule made
thereunder;
(c) [3][manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale,]
or distribute any drug [9][or cosmetic], except under, and in accordance with the conditions
of, a licence issued for such purpose under this Chapter:
Provided that nothing in this section shall apply to the manufacture, subject to prescribed
conditions, of small quantities of any drug for the purpose of examination, test or analysis :
Provided further that the [10][Central Government] may, after consultation with the Board, by
notification in the Official Gazette, permit, subject to any conditions specified in the notification,
the [11][manufacture for sale or for distribution, sale, stocking or exhibiting or offering for sale] or
distribution of any drug or class of drugs not being of standard quality.
1. Ins. by Act 26 of 2008, s. 2 (w.e.f. 10-8-2009).
2. 1st April, 1947 for sub-clauses (i), (ii), (iv) and (v) of cl. (a) and cls. (b) and (c); 1st April, 1949 for sub-clause (iii) of
cl. (a) in so far as it takes effect in Delhi, Ajmer and Coorg, see Notifn. No. 18-12-46-D, II, dated 11th February, 1947, Gazette of
India, 1947, Pt. I, p. 189, as amended by notifn. No. F. 1-2/48-D (ii), dated 29th September, 1948; 1st April, 1953 for the States of
H. P., Bilaspur, Kutch, Bhopal, Tripura, Vindhya Pradesh and Manipur, _vide_ notifn. No. S.R.O. 664, dated the 30th March, 1953,
Gazette of India, 1953, Pt. II, Sec. 3, p. 451
3. Subs. by Act 68 of 1982. s. 14, for certain words (w.e.f. 1-2-1983).
4. Subs. by s. 14, ibid, for cls. (i), (ii) and (iia) (w.e.f. 1-2-1983).
5. Subs. by Act 26 of 2008, s. 3, for sub-clause (ii) (w.e.f.10-8-2009).
6. Subs. by Act 11 of 1955, s. 9, for sub-clause (iii).
7. Subs by s. 9, ibid., for “to cure or mitigate”.
8. Subs. by Act 21 of 1962, s. 14, for sub-clause (v) (w.e.f. 27-7-1964).
9. Ins. by s. 14, ibid. (w.e.f. 27-7-1964).
10. Subs. by Act 11 of 1955, s. 9, for “State Government”.
11. Subs. by Act 68 of 1982, s. 14, for “manufacture for sale, sale” (w.e.f. 1-2-1983).
16
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1* - - -
2[18A. Disclosure of the name of the manufacturer, etc.—Every person, not being the
manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall, if so required, disclose
to the Inspector the name, address and other particulars of the person from whom he acquired the drug or
cosmetic.]
3[18B. Maintenance of records and furnishing of information.—Every person holding a
licence under clause (c) of section 18 shall keep and maintain such records, registers and other
documents as may be prescribed and shall furnish to any officer or authority exercising any
power or discharging any function under this Act such information as is required by such officer
or authority for carrying out the purposes of this Act.]
**19. Pleas.—(1) Save as hereinafter provided in this section, it shall be no defence in a pro-**
secution under this Chapter to prove merely that the accused was ignorant of the nature, substance
or quality of the drug [4][or cosmetic] in respect of which the offence has been committed or of the
circumstances of its manufacture or import, or that a purchaser, having bought only for the purpose
of test or analysis, has not been prejudiced by the sale.
(2) [5][For the purposes of section 18 a drug shall not be deemed to be misbranded or
6[adulterated or spurious] or to be below standard quality nor shall a cosmetic be deemed to be
misbranded or to be below standard quality] only by reason of the fact that—
(a) there has been added thereto some innocuous substance or ingredient because the
same is required for the manufacture or preparation of the drug [4][or cosmetic] as an article
of commerce in a state fit for carriage or consumption, and not to increase the bulk, weight
or measure of the drug [4][or cosmetic] or to conceal its inferior quality or other defects; or
7* - - - *
(b) in the process of manufacture, preparation or conveyance some extraneous substance
has unavoidably become intermixed with it: provided that this clause shall not apply in
relation to any sale or distribution of the drug [4][or cosmetic] occurring after the vendor or
distributor became aware of such intermixture.
8[(3) A person, not being the manufacturer of a drug or cosmetic or his agent for the distribution
thereof, shall not be liable for a contravention of section 18 if he proves—
(a) that he acquired the drug or cosmetic from a duly licensed manufacturer, distributor or dealer
thereof;
(b) that he did not know and could not, with reasonable diligence, have ascertained that
the drug or cosmetic in any way contravened the provisions of that section; and
(c) that the drug or cosmetic, while in his possession, was properly stored and
remained in the same state as when he acquired it.]
1. The Explanation omitted by Act 68 of 1982, s. 14 (w.e.f. 1-2-1983).
2. Ins. by Act 13 of 1964, s. 14 (w.e.f. 15-9-1964).
3. Ins. by Act 68 of 1982, s. 15 (w.e.f. 1-2-1983).
4. Ins. by Act 21 of 1962, s. 15 (w.e.f. 27-7-1964).
5. Subs. by Act 13 of 1964, s. 15, for certain words (w.e.f. 15-9-1964).
6. Subs. by Act 68 of 1982, s. 16, for “adulterated” (w.e.f. 1-2-1983).
7. Cl. (aa) ins. by Act 11 of 1955, s. 10, omitted by Act 13 of 1964, s. 15 (w.e.f. 15-9-1964).
8. Subs. by Act 13 of 1964, s. 15, for sub-section (3) (w.e.f. 15-9-1964).
17
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1[20. Government Analysts.—(1) The State Government may, by notification in the
Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be
Government Analysts for such areas in the State and in respect of such drugs or [2][classes of
drugs or such cosmetics or classes of cosmetics] as may be specified in the notification.
(2) The Central Government may also, by notification in the Official Gazette, appoint such
persons as it thinks fit, having the prescribed qualifications, to be Government Analysts in
respect of such drugs or [2][classes of drugs or such cosmetics or classes of cosmetics] as may be
specified in the notification.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), neither the
Central Government nor a State Government shall appoint as a Government Analyst any
official not serving under it without the previous consent of the Government under which he
is serving.
3[(4) No person who has any financial interest in the import, manufacture or sale of drugs
or cosmetics shall be appointed to be a Government Analyst under sub-section (1) or sub-section (2) of
this section.]
**21. Inspectors.—(1) The Central Government or a State Government may, by**
notification in the Official Gazette, appoint such persons as it thinks fit, having the
prescribed qualifications, to be Inspectors for such areas as may be assigned to them by the
Central Government or the State Government, as the case may be.
(2) The powers which may be exercised by an Inspector and the duties which may be
performed by him, the drugs or [4][classes of drugs or cosmetics or classes of cosmetics] in
relation to which and the conditions, limitations or restrictions subject to which, such powers
and duties may be exercised or performed shall be such as may be prescribed.
(3) No person who has any financial interest [5][in the import, manufacture or sale of drugs or
cosmetics] shall be appointed to be an Inspector under this section.
(4) Every Inspector shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such
authority [6][having the prescribed qualifications,] as the Government appointing him may
specify in this behalf.]
7[22. Powers of Inspectors.—(1) Subject to the provisions of section 23 and of any rules
made by the Central Government in this behalf, an Inspector may, within the local limits of
the area for which he is appointed,—
_8_ [(a) inspect,—
(i) any premises wherein any drug or cosmetic is being manufactured and the
means employed for standardising and testing the drug or cosmetic;
(ii) any premises wherein any drug or cosmetic is being sold, or stocked or
exhibited or offered for sale, or distributed;
1. Subs by Act 35 of 1960, s. 4, for the original sections 20 and 21 (w.e.f. 16-3-1961).
2. Subs. by Act 21 of 1962, s. 16, for “class of drugs” (w.e.f. 27-7-1964).
3. Ins. by Act 68 of 1982, s. 17 (w.e.f. 1-2-1983).
4. Subs. by Act 21 of 1962, s. 17, for “class of drugs” (w.e.f. 27-7-1964).
5. Subs. by s. 17, ibid., for “in the manufacture, import or sale of drugs” (w.e.f. 27-7-1964).
6. Ins. by Act 68 of 1982, s. 18 (w.e.f. 1-2-1983).
7. Subs. by Act 11 of 1955, s. 11, for s. 22.
8. Subs. by Act 68 of 1982, s. 19, for cls. (a), (b) and (c) (w.e.f. 1-2-1983).
18
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(b) take samples of any drug or cosmetic, —
(i) which is being manufactured or being sold or is stocked or exhibited or offered for sale,
or is being distributed;
(ii) from any person who is in the course of conveying, delivering or preparing to
deliver such drug or cosmetic to a purchaser or a consignee;
(c) at all reasonable times, with such assistance, if any, as he considers
necessary,—
(i) search any person, who, he has reason to believe, has secreted about his person,
any drug or cosmetic in respect of which an offence under this Chapter has been, or is
being, committed; or
(ii) enter and search any place in which he has reason to believe that an offence
under this Chapter has been, or is being, committed; or
(iii) stop and search any vehicle, vessel or other conveyance which, he has reason
to believe, is being used for carrying any drug or cosmetic in respect of which an
offence under this Chapter has been, or is being, committed,
and order in writing the person in possession of the drug or cosmetic in respect of which the
offence has been, or is being, committed, not to dispose of any stock of such drug or cosmetic
for a specified period not exceeding twenty days, or, unless the alleged offence is such that
the defect may be removed by the possessor of the drug or cosmetic, seize the stock of such
drug or cosmetic and any substance or article by means of which the offence has been, or is
being, committed or which may be employed for the commission of such offence;]
1[(cc) examine any record, register, document or any other material object found 2[with
any person, or in any place, vehicle, vessel or other conveyance referred to in clause ( c)],
and seize the same if he has reason to believe that it may furnish evidence of the
commission of an offence punishable under this Act or the rules made thereunder;]
3[(cca) require any person to produce any record, register, or other document relating
to the manufacture for sale or for distribution, stocking, exhibition for sale, offer for sale
or distribution of any drug or cosmetic in respect of which he has reason to believe that an
offence under this Chapter has been, or is being, committed;]
(d) exercise such other powers as may be necessary for carrying out the purposes of
this Chapter or any rules made thereunder.
(2) The provisions of [4][the Code of Criminal Procedure, 1973 (2 of 1974)] shall, so far as
may be, apply to any search or seizure under this Chapter as they apply to any search or
seizure made under the authority of a warrant issued under [5][section 94] of the said Code.
_3[(2A) Every record, register or other document seized under clause (cc)_ or produced under
# clause (cca) shall be returned to the person, from whom they were seized or who produce the
1. Ins. by Act 35 of 1960, s. 5 (w.e.f. 16-3-1961).
2. Subs. by Act 68 of 1982, s. 19, for certain words (w.e.f. 1-2-1983).
3. Ins. by s. 19, ibid. (w.e.f. 1-2-1983).
4. Subs. by s. 19, ibid., for “the Code of Criminal Procedure, 1898” (w.e.f. 1-2-1983).
5. Subs. by s. 19, ibid., for “section 98” (w.e.f. 1-2-1983).
19
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same, within a period of twenty days of the date of such seizure or production, as the case may
be, after copies thereof or extracts therefrom certified by that person, in such manner as may be
prescribed, have been taken.]
(3) If any person wilfully obstructs an Inspector in the exercise of the powers conferred
upon him by or under this Chapter [1][or refuses to produce any record, register or other
document when so required under clause (cca) of sub-section (1),] he shall be punishable
with imprisonment which may extend to three years, or with fine, or with both.]
**23. Procedure of Inspectors.—(1) Where an Inspector takes any sample of a drug** [2][or
cosmetic] under this Chapter, he shall tender the fair price thereof and may require a written
acknowledgment therefor.
(2) Where the price tendered under sub-section (1) is refused, or where the Inspector seizes
the stock of any drug [2][or cosmetic] under clause (c) of section 22, he shall tender a receipt
therefor in the prescribed form.
(3) Where an Inspector takes a sample of a drug [2][or cosmetic] for the purpose of test or
analysis, he shall intimate such purpose in writing in the prescribed form to the person from
whom he takes it and, in the presence of such person unless he wilfully absents himself, shall
divide the sample into four portions and effectively seal and suitably mark the same and permit
such person to add his own seal and mark to all or any of the portions so sealed and marked:
Provided that where the sample is taken from premises whereon the drug [2][or cosmetic]
is being manufactured, it shall be necessary to divide the sample into three portions only:
Provided further that where the drug [2][or cosmetic] is made up in containers of small
volume, instead of dividing a sample as aforesaid, the Inspector may, and if the drug [2][or
cosmetic] be such that it is likely to deteriorate or be otherwise damaged by exposure shall,
take three or four, as the case may be, of the said containers after suitably marking the same
and, where necessary, sealing them.
(4) The Inspector shall restore one portion of a sample so divided or one container, as the
case may be, to the person from whom he takes it, and shall retain the remainder and dispose of
the same as follows:—
(i) one portion or container he shall forthwith send to the Government Analyst for test
or analysis;
(ii) the second, he shall produce to the Court before which proceedings, if any, are
instituted in respect of the drug [2][or cosmetic]; and
3[(iii) the third, where taken, he shall send to the person, if any, whose name, address
and other particulars have been disclosed under section 18A.]
(5) Where an Inspector takes any action under clause (c) of section 22,—
(a) he shall use all despatch in ascertaining whether or not the drug [2][or cosmetic];
contravenes any of the provisions of section 18 and, if it is ascertained that the drug [2][or
cosmetic]; does not so contravene, forthwith revoke the order passed under the said
clause or, as the case may be, take such action as may be necessary for the return of the
stock seized;
(b) if he seizes the stock of the drug [2][or cosmetic]; he shall as soon as may be inform [4][a Judicial
Magistrate] and take his orders as to the custody thereof;
1. Ins. by Act 68 of 1982, s. 19 (w.e.f. 1-2-1983).
2. Ins. by Act 21 of 1962, s. 15 (w.e.f. 27-7-1964).
3. Subs. by Act 13 of 1964, s. 16, for cl. (iii) (w.e.f. 15-9-1964).
4. Subs. by Act 68 of 1982, s. 20, for “a Magistrate” (w.e.f. 1-2-1983).
20
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( c ) without prejudice to the institution of any prosecution, if the alleged contravention be such
that the defect may be remedied by the possessor of the drug [1][or cosmetic]; he shall, on being
satisfied that the defect has been so remedied, forthwith revoke his order under the said clause.
2[(6) Where an Inspector seizes any record, register, document or any other material object under
clause (cc) of sub-section (1) of section 22, he shall, as soon as may be, inform [3][a Judicial Magistrate]
and take his orders as to the custody thereof.
**24. Persons bound to disclose place where drugs or cosmetics are manufactured or kept.** _—_
Every person for the time being in charge of any premises whereon any drug [1][or
cosmetic]; is being manufactured or is kept for sale or distribution shall, on being required
by an Inspector so to do, be legally bound to disclose to the Inspector the place where the
drug [1][or cosmetic] is being manufactured or is kept, as the case may be.
**25. Reports of Government Analysts.** _—(1) The Government Analyst to whom a_
sample of any drug 1[or cosmetic] has been submitted for test or analysis under
sub-section (4) of section 23, shall deliver to the Inspector submitting it a signed report in
triplicate in the prescribed form.
(2) The Inspector on receipt thereof shall deliver one copy of the report to the person
from whom the sample was taken [4][and another copy to the person, if any, whose name,
address and other particulars have been disclosed under section 18A], and shall retain the
third copy for use in any prosecution in respect of the sample.
(3) Any document purporting to be a report signed by a Government Analyst under this
Chapter shall be evidence of the facts stated therein, and such evidence shall be conclusive
unless the person from whom the sample was taken [5][or the person whose name, address and
other particulars have been disclosed under section 18A] has, within twenty-eight days of the
receipt of a copy of the report, notified in writing the Inspector or the Court before which any
proceedings in respect of the sample are pending that he intends to adduce evidence in
controversion of the report.
(4) Unless the sample has already been tested or analysed in the Central Drugs Laboratory,
where a person has under sub-section (3) notified his intention of adducing evidence in
controversion of a Government Analyst’s report, the Court may, of its own motion or in its
discretion at the request either of the complainant or the accused cause the sample of the drug
1[or cosmetic] produced before the Magistrate under sub-section (4) of section 23 to be sent for
test or analysis to the said Laboratory, which shall make the test or analysis and report in
writing signed by or under the authority of, the Director of the Central Drugs Laboratory the
result thereof, and such report shall be conclusive evidence of the facts stated therein.
(5) The cost of a test or analysis made by the Central Drugs Laboratory under
sub-section (4) shall be paid by the complainant or accused as the Court shall direct.
**26. Purchaser of drug or cosmetic enabled to obtain test or analysis** .—Any person
6[or any recognised consumer association, whether such person is a member of that association
or not,] shall, on application in the prescribed manner and on payment of the prescribed fee, be
entitled to submit for test or analysis to a Government Analyst any drug [1][or cosmetic]
7[purchased by him or it] and to receive a report of such test or analysis signed by the
Government Analyst.
1. Ins. by Act 21 of 1962, s. 15 (w.e.f. 27-7-1964).
2. Ins. by Act 35 of 1960, s. 6 (w.e.f. 16-3-1961).
3. Subs. by Act 68 of 1982, s. 20, for “a Magistrate” (w.e.f. 1-2-1983).
4. Subs. by Act 13 of 1964, s. 17, for certain words (w.e.f. 15-9-1964).
5. Subs. by s. 17, ibid., for “or the said warrantor” (w.e.f. 15-9-1964).
6. Ins. by Act 71 of 1986, s. 2 (w.e.f. 15-9-1987).
7. Subs. by s. 2, ibid., for “purchased by him” (w.e.f. 15-9-1987).
21
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1[Explanation.—For the purposes of this section and section 32, “recognised consumer association
means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any
other law for the time being in force.]
2[26A. **Powers of Central Government to** **3[regulate, restrict or prohibit] manufacture, etc.,**
**of drug and cosmetic in public interest.—Without prejudice to any other provision contained in this**
Chapter, if the Central Government is satisfied, that the use of any drug or cosmetic is likely to
involve any risk to human beings or animals or that any drug does not have the therapeutic value
claimed or purported to be claimed for it or contains ingredients and in such quantity for which there
is no therapeutic justification and that in the public interest it is necessary or expedient so to do, then,
that Government may, by notification in the Official Gazette, [3][regulate, restrict or prohibit] the
manufacture, sale or distribution of such drug or cosmetic.]
**4[26B. Power of Central Government to regulate or restrict, manufacture, etc., of drug in**
**public interest.** —Without prejudice to any other provision contained in this Chapter, if the Central
Government is satisfied that a drug is essential to meet the requirements of an emergency arising due to
epidemic or natural calamities and that in the public interest, it is necessary or expedient so to do, then,
that Government may, by notification in the Official Gazette, regulate or restrict the manufacture, sale or
distribution of such drug.]
**5[27.** **Penalty** **for** **manufacture,** **sale,** **etc.,** **of** **drugs** **in** **contravention** **of** **this**
**Chapter.—Whoever, himself or by any other person on his behalf, manufactures for sale or for**
distribution, or sells, or stocks or exhibits or offers for sale or distributes,—
(a) any drug deemed to be adulterated under section 17A or spurious under section [6][17B
and which] when used by any person for or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder is likely to cause his death or is likely to cause such harm on
his body as would amount to grevious hurt within the meaning of section 320 of the Indian
Penal Code (45 of 1860) solely on account of such drug being adulterated or spurious or not of
standard quality, as the case may be, shall be [7][punishable with imprisonment for a term which
shall not be less than ten years but which may extend to imprisonment for life and shall also be
liable to fine which shall not be less than ten lakh rupees or three times value of the drugs
confiscated, whichever is more]:
8[Provided that the fine imposed on and released from, the person convicted under this
clause shall be paid, by way of compensation, to the person who had used the adulterated or
spurious drugs referred to in this clause:
Provided further that where the use of the adulterated or, spurious drugs referred to in this clause
has caused the death of a person who used such drugs, the fine imposed on and realised from, the
person convicted under this clause, shall be paid to the relative of the person who had died due to the
use of the adulterated or spurious drugs referred to in this clause.
_Explanation.—For_ the purposes of the second proviso, the expression “relative” means—
# (i) spouse of the deceased person; or
(ii) a minor legitimate son, and unmarried legitimate daughter and a widowed mother; or
(iii) parent of the minor victim; or
1. Ins. by Act 71 of 1986, s. 2 (w.e.f. 15-9-1987).
2. Ins. by Act 68 of 1982. s. 21 (w.e.f. 1-2-1983).
3. Subs. by Act 26 of 2008, s. 4, for “prohibit” (w.e.f. 10-8-2009).
4. Ins. by s. 5, ibid. (w.e.f. 10-8-2009).
5. Subs. by Act 68 of 1982, s. 22, for sections 27 and 27A (w.e.f. 1-2-1983).
6. Subs. by Act 26 of 2008, s. 6, for “17B or which” (w.e.f. 10-8-2009).
7. Subs. by s. 6, ibid., for “punishable with imprisonment for a term which shall not be less than five years but which may extend
to a term of life and with fine which shall not be less than ten thousand rupees;” (w.e.f. 10-8-2009).
8. The provisos ins. by s. 6, ibid. (w.e.f. 10-8-2009).
22
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(iv) if wholly dependent on the earnings of the deceased person at the time of his death, a son or a
daughter who has attained the age of eighteen years; or
(v) any person, if wholly or in part, dependent on the earnings of the deceased person at the
time of his death,—
(a) the parent; or
(b) a minor brother or an unmarried sister; or
(c) a widowed daughter-in-law; or
(d) a widowed sister; or
(e) a minor child of a pre-deceased son; or
(f) a minor child of a pre-deceased daughter where no parent of the child is alive; or
(g) the paternal grandparent if no parent of the member is alive;]
(b) any drug—
(i) deemed to be adulterated under section 17A but not being a drug referred to in clause (a),
or
(ii) without a valid licence as required under clause (c) of section 18,
shall be punishable with imprisonment for a term which shall [1][not be less than three years
but which may extend to five years and with fine which shall not be less than one lakh rupees
or three times the value of the drugs confiscated, whichever is more]:
Provided that the Court may, for any adequate and special reasons to be recorded in the judgment,
impose a sentence of imprisonment for a term of [2][less than three years and of fine of less than one
lakh rupees];
(c) any drug deemed to be spurious under section 17B, but not being a drug referred to in
clause (a) shall be punishable with imprisonment for a term which shall [3][not less than seven years
but which may extend to imprisonment for life and with fine which shall not be three lakh rupees or
three times the value of the drugs confiscated, whichever is more]:
Provided that the Court may, for any adequate and special reasons to be recorded in the judgment,
impose a sentence of imprisonment for a term of [4][less than seven years but not less than three years
and of fine of less than one lakh rupees];
(d) any drug, other than a drug referred to in clause (a) or clause _(b)_ or clause (c),
in contravention of any other provision of this Chapter or any rule made thereunder, shall be
punishable with imprisonment for a term which shall not be less than one year but which may
extend to two years [5][and with fine which shall not be less than twenty thousand rupees]:
Provided that the Court may, for any adequate and special reasons to be recorded in the judgment,
impose a sentence of imprisonment for a term of less than one year.
**27A. Penalty for manufacture, sale, etc., of cosmetics in contravention of this**
**Chapter.—Whoever himself or by any other person on his behalf manufactures for sale or for**
distribution, or sells, or stocks or exhibits or offers for sale—
6[(i) any cosmetic deemed to be spurious under section 17D or adulterated under section 17E
shall be punishable with imprisonment for a term which may extend to three years and with fine
which shall not be less than fifty thousand rupees or three times the value of the cosmetics
confiscated, whichever is more;
1. Subs. by Act 26 of 2008, s. 6, for “not be less than one year but which may extend to three years and with fine which shall not
be less than five thousand rupees” (w.e.f. 10-8-2009).
2. Subs. by s. 6, ibid., for “less than one year and of fine of less than five thousand rupees” (w.e.f. 10-8-2009).
3. Subs. by s. 6, ibid., for “not be less than three years but which may extend to five years and with fine which shall not be less
than five thousand rupees” (w.e.f. 10-8-2009).
4. Subs. by s. 6, ibid., for “less than three years but not less than one year” (w.e.f. 10-8-2009).
5. Subs. by s. 6, ibid., for “and with fine” (w.e.f. 10-8-2009).
6. Subs. by s. 7, ibid., for clauses (i) and (ii) (w.e.f. 10-8-2009).
23
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(ii) any cosmetic other than a cosmetic referred to in clause (i) in contravention of any provisions
of this Chapter or any rule made thereunder shall be punishable with imprisonment for a term which
may extend to one year or with fine which may extend to twenty thousand rupees, or with both. ]]
**1[28. Penalty for non-disclosure of the name of the manufacturer, etc.—Whoever**
# contravenes the provisions of section 18A [2][or section 24] shall be punishable with imprisonment for a term which may extend to one year, or [3][with fine which shall not be less than twenty thousand rupees or with both].]
**4[28A. Penalty for not keeping documents, etc., and for non-disclosure of**
# information.—Whoever without reasonable cause or excuse, contravenes the provisions of section 18B shall be punishable with imprisonment for a term which may extend to one year or
3[with fine which shall not be less than twenty thousand rupees or with both].
# 28B. Penalty for manufacture, etc., of drugs or cosmetics in contravention of
section 26A.—Whoever himself or by any other person on his behalf manufactures or sells or distributes any drug or cosmetic in contravention of the provisions of any notification issued under section 26A, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to five thousand rupees.]
29. Penalty for use of Government Analyst’s report for advertising.—Whoever uses any
report of a test or analysis made by the Central Drugs Laboratory or by a Government Analyst, or any extract from such report, for the purpose of advertising any drug [5][or cosmetic], shall be punishable with fine which may extend to [6][five thousand rupees].
**7[30. Penalty for subsequent offences.—** **8[(1)** Whoever having been convicted of an
# offence,—
(a) under clause (b) of section 27 is again convicted of an offence under that
clause, shall be punishable with imprisonment for a term which shall [9][not be less than seven years but which may extend to ten years and with fine which shall not be less than two lakh rupees]:
# Provided that the Court may, for any adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term of [10][less than seven years and of fine of less than one lakh rupees];
(b) under clause (c) of section 27, is again convicted of an offence under that clause
shall be punishable with imprisonment for a term which [11][shall not be less than ten years
but which may extend to imprisonment for life and with fine which shall not be less than
three lakh rupees.]
(c) under clause (d) of section 27, is again convicted of an offence under that clause shall
be punishable with imprisonment for a term which shall not be less than two years but which
may extend to four years or with fine which shall not be less than [12][fifty thousand rupees], or
with both.]
1. Subs, by Act 13 of 1964, s. 19, for s. 28 (w.e.f. 15-9-1964).
2. Ins. by Act 68 of 1982, s. 23 (w.e.f. 1-2-1983).
3. Subs. by Act 26 of 2008, s. 8, for “with fine which may extend to one thousand rupees or with both” (w.e.f. 10-8-2009).
4. Ins. by Act 68 of 1982 s. 24 (w.e.f. 1-2-1983).
5. Ins. by Act 21 of 1962, s. 15 (w.e.f. 27-7-1964).
6. Subs. by Act 26 of 2008, s. 10, for “five hundred rupees” (w.e.f. 10-8-2009).
7. Subs. by Act 11 of 1955, s. 14, for s. 30.
8. Subs. by Act 68 of 1982, s. 25, for sub-section (1) (w.e.f. 1-2-1983).
9. Subs. by Act 26 of 2008, s. 11 for “not be less than two years but which may extend to six years and with fine which
shall not be less than ten thousand rupees”(w.e.f. 10-8-2009).
10. Subs. by s. 11, ibid., for “less than two years and of fine of less than ten thousand rupees (w.e.f. 10-8-2009).
11. Subs. by s. 11, ibid., for “shall not be less than six years but which may extend to ten years and with fine which
shall not be less than ten thousand rupees” (w.e.f. 10-8-2009).
12. Subs. by s. 11, ibid., for “five thousand rupees” (w.e.f. 10-8-2009).
24
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1[(1A) Whoever, having been convicted of an offence under section 27A is again convicted
# under that section, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to [2][two thousand rupees], or with both.]
(2) Whoever, having been convicted of an offence under [3]*** section 29 is again convicted of an
offence under the same section shall be punishable with imprisonment which may extend to [4][two years, or with fine which shall not be less than ten thousand rupees or with both.]]
31. Confiscation. — [5][(1)] Where any person has been convicted under this Chapter for
contravening any such provision of this Chapter or any rule made thereunder as may be specified by rule made in this behalf, the stock of the drug [6][or cosmetic] in respect of which the contravention has been made shall be liable to confiscation [7][and if such contravention is in respect of—
8[(i) manufacture of any drug deemed to be misbranded under section 17, adulterated under
# section 17A or spurious under section 17B; or]
(ii)[ 9][manufacture for sale, or for distribution, sale, or stocking, or exhibiting or offering
for sale,] or distribution of any drug without a valid licence as required under clause (c) of section 18,
any implements or machinery used in such manufacture, sale or distribution and any recep- tacles packages or coverings in which such drug is contained and the animals, vehicles, vessels or other conveyances used in carrying such drug shall also be liable to confiscation].
10[(2) Without prejudice to the provisions contained in sub-section (1), where the Court is
# satisfied, on the application of an Inspector or otherwise and after such inquiry as may be necessary that the drug or cosmetic is not of standard quality [11][or is a [9][misbranded, adulterated or spurious drug or misbranded or spurious cosmetic,] such drug or, as the case may be, such cosmetic shall be liable to confiscation.]
12[31A. Application of provisions to Government departments.—The provisions of
# this Chapter except those contained in section 31 shall apply in relation to the manufacture, sale or distribution of drugs by any department of Government as they apply in relation to the manufacture, sale or distribution of drugs by any other person.]
1. Ins. by Act 21 of 1962, s. 20 (w.e.f. 27-7-1964).
2. Subs. by Act 68 of 1982, s. 25, for “one thousand rupees” (w.e.f. 1-2-1983).
3. The words and figures “section 28 or” omitted by Act 13 of 1964, s. 20 (w.e.f. 15-9-1964).
4. Subs. by Act 26 of 2008, s. 11, for “ten years or with fine or with both” (w.e.f. 10-8-2009)
5. Re-numbered as sub-section (I) by Act 35 of 1960, s. 9 (w.e.f. 16-3-1961).
6. Ins. by Act 21 of 1962, s. 21 (w.e.f. 27-7-1964).
7. Added by Act 13 of 1964. s. 21 (w.e.f. 15-9-1964).
8. Subs. by Act 68 of 1982, s. 26, for cl. (i) (w.e.f. 1-2-1983).
9. Subs. by s. 26, ibid„ for certain words (w.e.f. 1-2-1983).
10. Sub-section (2) ins. by Act 35 of 1960, s. 9, subs. by Act 21 of 1962, s. 21 (w.e.f. 27-7-1964).
11. Subs. by Act 13 of 1964. s. 21, for “or is a misbranded drug” (w.e.f. 15-9-1964).
12. Ins. by s. 22. ibid. (w.e.f. 15-9-1964).
25
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**32. Cognizance of offences—** **[1][(1)** No prosecution under this Chapter shall be instituted except
by—
(a) an Inspector; or
(b) any gazetted officer of the Central Government or a State Government authorised in writing in
this behalf by the Central Government or a State Government or by a general or special order made in
this behalf by that Government; or
(c) the person aggrieved; or
(d) a recognised consumer association whether such person is a member of that association or
not.
(2) Save as otherwise provided in this Act, no court inferior to that of a Court of Session shall try an
offence punishable under this Chapter.]
(3) Nothing contained in this Chapter shall be deemed to prevent any person from being
prosecuted under any other law for any act or omission which constitutes an offence against
this Chapter.
2[32A. Power of Court to implead the manufacturer, etc.—Where, at any time during the
trial of any offence under this Chapter alleged to have been committed by any person, not being
the manufacturer of a drug or cosmetic or his agent for the distribution thereof the Court is
satisfied, on the evidence adduced before it, that such manufacturer or agent is also concerned in
that offence, then, the Court may, notwithstanding anything contained [3][in sub-sections (1), (2)
and (3) of section 319 of the Code of Criminal Procedure, 1973 (2 of 1974)], proceed against him
as though a prosecution had been instituted against him under section 32.]
4[32B. Compounding of certain offences. **—** (1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, (2 of 1974) any offence punishable under clause (b) of sub-section (1) of
section 13, section 28 and section 28A of this Act (whether committed by a company or any officer
thereof), not being an offence punishable with imprisonment only, or with imprisonment and also with fine,
may, either before or after the institution of any prosecution, be compounded by the Central Government or by
any State Government or any officer authorised in this behalf by the Central Government or a State
Government, on payment for credit to that Government of such sum as that Government may, by rules made
in this behalf, specify:
Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be
imposed under this Act for the offence so compounded:
Provided further that in cases of subsequent offences, the same shall not be compoundable.
(2) When the accused has been committed for trial or when he has been convicted and an appeal is
pending, no composition for the offence shall be allowed without, the leave of the court to which he is
committed or, as the case may be, before which the appeal is to be heard.
(3) Where an offence is compounded under sub-section (1), no proceeding or further proceeding, as
the case may be, shall be taken against the offender in respect of the offence so compounded and the
offender, if in custody, shall be released forthwith.]
1. Subs. by Act 26 of 2008, s. 12, for sub-sections (1) and (2) (w.e.f. 10-8-2009).
2. Ins. by Act 13 of 1964, s. 23 (w.e.f. 15-9-1964).
3. Subs. by Act 68 of 1982, s. 28, for “in sub-section (1) of section 351 of the Code of Criminal Procedure, 1898” (w.e.f. 1-2-1983).
4. Ins. by Act 26 of 2008, s. 13 (w.e.f. 10-8-2009).
26
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**33. Power of Central Government to make rules. —** **[1][(1) The Central Government may**
2[after consultation with, or on the recommendation of, the Board] and after previous publication
by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions
of this Chapter :
Provided that consultation with the Board may be dispensed with if the Central
Government is of opinion that circumstances have arisen which render it necessary to make
rules without such consultation, but in such a case the Board shall be consulted within six
months of the making of the rules and the Central Government shall take into consideration
any suggestions which the Board may make in relation to the amendment of the said rules.]
(2) Without prejudice to the generality of the foregoing power, such rules may—
(a) provide for the establishment of laboratories for testing and analysing drugs [3][or
cosmetics];
(b) prescribe the qualifications and duties of Government Analysts and the
qualifications of Inspectors;
(c) prescribe the methods of test or analysis to be employed in determining whether a drug [3][or
cosmetic] is of standard quality;
(d) prescribe, in respect of biological and organometallic compounds, the units or methods of
standardisation;
[4][(dd) prescribe under clause (d) of [5][section 17A] the colour or colours which a drug may bear
or contain for purposes of colouring;]
6[(dda) prescribe under clause _(d)_ of section 17E the colour or colours which a cosmetic may
bear or contain for the purposes of colouring];
(e) prescribe the forms of licences [7][for the manufacture for sale or for distribution], for the sale
and for the distribution of drugs or any specified drug or class of drugs [8][or of cosmetics or any
specified cosmetic or class of cosmetics], the form of application for such licences, the conditions
subject to which such licences may be issued, the authority empowered to issue the same [9][the
qualifications of such authority] and the fees payable therefor [9][and provide for the cancellation or
suspension of such licences in any case where any provision of this Chapter or the rules made
thereunder is contravened or any of the conditions subject to which they are issued is not complied
with];
9[(ee) prescribe the records, registers or other documents to be kept and maintained under
section 18B;
(eea) prescribe the fees for the inspection (for the purposes of grant or renewal of licences) of
premises, wherein any drug or cosmetic is being or is proposed to be manufactured;
(eeb) prescribe the manner in which copies are to be certified under sub-section (2A) of
section 22;]
(f) specify the diseases or ailments which a drug may not purport or claim [10][to prevent
cure or mitigate] and such other effects which a drug may not purport or claim to have;
1. Subs. by Act 11 of 1955, s. 15, for sub-section (1).
2. Subs. by Act 68 of 1982, s. 29, for “after consultation with the Board” (w.e.f. 1-2-1983).
3. Ins. by Act 21 of 1962, s. 22 (w.e.f. 27-7-1964).
4. Ins. by Act 13 of 1964, s. 24 (w.e.f. 15-9-1964).
5. Subs. by Act 68 of 1982, s. 29, for “section 17B” (w.e.f. 1-2-1983).
6. Ins. by Act 26 of 2008, s. 14 (w.e.f. 10-8-2009).
7. Subs. by Act 68 of 1982, s. 29, for “for the manufacture for sale” (w.e.f. 1-2-1983).
8. Ins. by Act 21 of 1962, s. 22 (w.e.f. 27-7-1964).
9. Ins. by Act 68 of 1982, s. 29 (w.e.f. 1-2-1983).
10. Subs. by Act 11 of 1955, s. 15, for “to cure or mitigate”
27
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(g) prescribe the conditions subject to which small quantities of drugs may be
manufactured for the purpose of examination, test or analysis;
(h) require the date of manufacture and the date of expiry of potency to be clearly and
truly stated on the lable or container of any specified drug or class of drugs, and prohibit the
sale stocking or exhibition for sale, or distribution of the said drug or class of drugs after the
expiry of a specified period from the date of manufacture or after the expiry of the date of
potency;
(i) prescribe the conditions to be observed in the packing in bottles, packages and other containers
of drugs [1][or cosmetics], [2][including the use of packing material which comes into direct contact with
the drugs] and prohibit the sale, stocking or exhibition for sale, or distribution of drugs
1[or cosmetics], packed in contravention of such conditions;
(j) regulate the mode of labelling packed drugs [1][or cosmetics], and prescribe the
matters which shall or shall not be included in such labels;
(k) prescribe the maximum proportion of any poisonous substance which may be added to or
contained in any drug, prohibit the manufacture, sale or stocking or exhibition for sale, or distribution
of any drug in which that proportion is exceeded, and specify substances which shall be deemed to be
poisonous for the purposes of this Chapter and the rules made thereunder;
(l) require that the accepted scientific name of any specified drug shall be displayed in
the prescribed manner on the lable or wrapper of any patent or proprietary medicine containing such drug;
3* - - -
4[(n) prescribe the powers and duties of Inspectors 2[and the qualifications of the authority to
which such Inspectors shall be subordinate] and [5][specify the drugs or classes of drugs of cosmetics
or classes of cosmetics] in relation to which and the conditions, limitations or restrictions subject to
which, such powers and duties may be exercised or performed;]
(o) prescribe the forms of report to be given by Government Analysts, and the manner of
application for test or analysis under section 26 and the fees payable therefor;
6[(p) specify the offences against this Chapter or any rule made thereunder in relation to which an
order of confiscation may be made under section 31; [7]***]
(q) provide for the exemption conditionally or otherwise, from all or any of the provisions of this
Chapter or the rules made thereunder, of any specified drug or class of drugs [1][or cosmetic or class of
cosmetics] [8][and];
1. Ins. by Act 21 of 1962, s. 22 (w.e.f. 27-7-1964).
2. Ins. by Act 68 of 1982, s. 29 (w.e.f. 1-2-1983).
3. Cl. (m) omitted by Act 13 of 1964, s. 24 (w.e.f. 15-9-1964).
4. Subs. by Act 35 of 1960, s. 10, for cl. (n) (w.e.f. 16-3-1961).
5. Subs. by Act 21 of 1962, s. 22, for “the drugs or class of drugs” (w.e.f. 27-7-1964).
6. Subs. by Act 13 of 1964, s. 24, for cl. (p) (w.e.f. 15-9-1964).
7. The word “and” omitted by Act 26 of 2008, s. 14 (w.e.f. 10-8-2009).
8. Ins. by, s. 14 ibid. (w.e.f. 10-8-2009).
28
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1[(r) sum which may be specified by the Central Government under section 32B.]
2* - - -
3[33A. Chapter not to apply to Ayurvedic, Siddha or Unani drugs.— Save as otherwise
provided in this Act, nothing contained in this Chapter shall apply to [4][Ayurvedic, Siddha
or Unani] drugs.]
5[CHAPTER IVA
PROVISIONS RELATING TO [4][AYURVEDIC, SIDDHA AND UNANI] DRUGS
**33B. Application of Chapter IVA.—This Chapter shall apply only to** [4][Ayurvedic, Siddha and
Unani] drugs.
**33C. Ayurvedic and Unani Drugs Technical Advisory Board. —(1) The Central Government**
shall, by notification in the Official Gazette and with effect from such date as may be specified therein,
constitute a Board (to be called the [6][Ayurvedic, Siddha and Unani Drugs Technical Advisory Board]) to
advise the Central Government and the State Governments on Technical matters arising out of this
Chapter and to carry out the other functions assigned to it by this Chapter.
(2) The Board shall consist of the following members, namely: —
(i) the Director General of Health Services ex _officio;_
(ii) the Drugs Controller, India, ex _officio;_
7[(iii) the principal officer dealing with Indian systems of medicine in the Ministry of Health,
_ex officio];_
(iv) the Director of the Central Drugs Laboratory, Calcutta ex officio;
(v) one person holding the appointment of Government Analyst under section 33F, to be
nominated by the Central Government;
(vi) one Pharmacognocist to be nominated by the Central Government;
(vii) one Phyto-chemist to be nominated by the Central Government;
1. Ins. by Act 26 of 2008, s. 14 (w.e.f. 10-8-2009).
2. Sub-section (3) ins. by Act 35 of 1960, omitted by Act 13 of 1964, s. 24 (w.e.f. 15-9-1964).
3. Ins. by Act 13 of 1964, s. 25 (w.e.f. 1-2-1969).
4. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983).
5. Ins. by Act 13 of 1964, s. 26 (w.e.f. 1-2-1969).
6. Subs. by Act 68 of 1982, s. 30, for certain words (w.e.f. 1-2-1983).
7. Subs. by s. 30, ibid., for cl. (iii) (w.e.f. 1-2-1983).
29
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1[(viii) four persons to be nominated by the Central Government, two from amongst the members
of the Ayurvedic Pharmacopoeia Committee, one from amongst the members of the Unani
Pharmacopoeia Committee and one from amongst the members of the Siddha Pharmacopoeia
Committee;]
(ix) one teacher in Darvyaguna, and Bhaishajya Kalpana, to be nominated by the Central
Government;
(x) one teacher in ILM-UL-ADVIA and TAKLIS-WA-DAWASAZI, to be nominated by the
Central Government;
2[(xi) one teacher in Gunapadam to be nominated by the Central Government;
(xii) three persons, one each to represent the Ayurvedic, Siddha and Unani drug industry, to be
nominated by the Central Government;
(xiii) three persons, one each from among the practitioners of Ayurvedic, Siddha
and Unani Tibb systems of medicine to be nominated by the Central Government.]
(3) The Central Government shall appoint a member of the Board as its Chairman.
(4) The nominated members of the Board shall hold office for three years but shall be eligible for
renomination.
(5) The Board may, subject to the previous approval of the Central Government, make bye
laws fixing a quorum and regulating its own procedure and conduct of all business to be transacted by it.
(6) The functions of the Board may be exercised notwithstanding any vacancy therein.
(7) The Central Government shall appoint a person to be Secretary of the Board and
shall provide the Board with such clerical and other staff as the Central Government
considers necessary.
3[33D. **The Ayurvedic, Siddha and Unani Drugs Consultative Committee.—(1) The**
Central Government may constitute an Advisory Committee to be called the Ayurvedic,
Siddha and Unani Drugs Consultative Committee to advise the Central Government, the State
Governments and the Ayurvedic, Siddha and Unani Drugs Technical Advisory Board on any
matter for the purpose of securing uniformity throughout India in the administration of this
Act in so far as it relates to Ayurvedic, Siddha or Unani drugs.
(2) The Ayurvedic, Siddha and Unani Drugs Consultative Committee shall consist of two
persons to be nominated by the Central Government as representatives of that Gove rnment
and not more than one representative of each State to be nominated by the State Government
concerned.
(3) The Ayurvedic, Siddha and Unani Drugs Consultative Committee shall meet when
required to do so by the Central Government and shall regulate its own procedure.
1. Subs. by Act 68 of 1982, s. 30, for cl. (viii) (w.e.f. 1-2-1983).
2. Subs. by s. 30, ibid., for cls. (xi) and (xii) (w.e.f. 1-2-1983).
3. Subs. by s. 31, ibid., for sections.33D and 33E (w.e.f. 1-2-1983).
30
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**33E. Misbranded drugs.—For** the purposes of this Chapter, an Ayurvedic, Siddha or Unani drug
shall be deemed to be misbranded—
(a) if it is so coloured, coated, powdered or polished that damage is concealed, or if
it is made to appear of better or greater therapeutic value than it really is; or
(b) if it is not labelled in the prescribed manner; or
(c) if its label or container or anything accompanying the drug bears any statement,
design or device which makes any false claim for the drug or which is false or misleading in
any particular.
**33EE. Adulterated drugs.—For** the purposes of this Chapter, an Ayurvedic, Siddha or
Unani drug shall be deemed to be adulterated,—
(a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance;
or
(b) if it has been prepared, packed or stored under insanitary conditions whereby it
may have been contaminated with filth or whereby it may have been rendered injurious to
health; or
(c) if its container is composed, in whole or in part, of any poisonous or deleterious
substance which may render the contents injurious to health; or
(d) if it bears or contains, for purposes of colouring only, a colour other than one which is
prescribed; or
(e) if it contains any harmful or toxic substance which may render it injurious to
health; or
(f) if any substance has been mixed therewith so as to reduce its quality or strength.
_Explanation.—For the purpose of clause (a), a drug shall not be deemed to consist, in whole_
or in part, of any decomposed substance only by reason of the fact that such decomposed
substance is the result of any natural decomposition of the drug:
Provided that such decomposition is not due to any negligence on the part of the manufac
turer of the drug or the dealer thereof and that it does not render the drug injurious to health.
**33EEA. Spurious drugs.—For** the purposes of this Chapter, an Ayurvedic, Siddha or Unani drug
shall be deemed to be spurious—
(a) if it is sold, or offered or exhibited for sale, under a name which belongs to another
drug; or
(b) if it is an imitation of, or is substitute for, another drug or resembles another drug in
a manner likely to deceive, or bears upon it or upon its label or container the name of
another drug, unless it is plainly and conspicuously marked so as to reveal its true character
and its lack of identity with such other drug; or
(c) if the label or container bears the name of an individual or company purporting to be the
manufacturer of the drug, which individual or company is fictitious or does not exist; or
(d) if it has been substituted wholly or in part by any other drug or substance; or
(e) if it purports to be the product of a manufacturer of whom it is not truly a product.
**33EEB. Regulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs.—No**
person shall manufacture for sale or for distribution any Ayurvedic, Siddha and Unani drug except
in accordance with such standards, if any, as may be prescribed in relation to that drug.
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**33EEC. Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani**
**drugs.—From such date as the State Government may, by notification in the Official Gazette,**
specify in this behalf, no person, either by himself or by any other person on his behalf, shall—
(a) manufacture for sale or for distribution—
(i) any misbranded, adulterated or spurious Ayurvedic, Siddha or Unani drug;
(ii) any patent or proprietary medicine, unless there is displayed in the prescribed
manner on the label or container thereof the true list of all the ingredients contained in it;
and
(iii) any Ayurvedic, Siddha or Unani drug in contravention of any of the
provisions of this Chapter or any rule made thereunder;
(b) sell, stock or exhibit or offer for sale or distribute any Ayurvedic, Siddha or Unani drug
which has been manufactured in contravention of any of the provisions of this Act, or any rule made
thereunder,
(c) manufacture for sale or for distribution, any Ayurvedic, Siddha or Unani drug except under,
and in accordance with the conditions of, a licence issued for such purpose under this Chapter by the
prescribed authority :
Provided that nothing in this section shall apply to Vaidyas and Hakims who manufacture Ayurvedic,
Siddha or Unani drug for the use of their own patients :
Provided further that nothing in this section shall apply to the manufacture, subject to the prescribed
conditions, of small quantities of any Ayurvedic, Siddha or Unani drug for the purpose of examination,
test or analysis.
**33EED. Power of Central Government to prohibit manufacture, etc., of Ayurvedic,**
**Siddha or Unani drugs in public interest.—Without** prejudice to any other provision contained in
this Chapter, if the Central Government is satisfied on the basis of any evidence or other material
available before it that the use of any Ayurvedic, Siddha or Unani drug is likely to involve any risk
to human being or animals or that any such drug does not have the therapeutic value claimed or
purported to be claimed for it and that in the public interest it is necessary or expendient so to do
then, that Government may, by notification in the Official Gazette, prohibit the manufacture, sale
or distribution of such drug.]
**33F.** **Government Analysts.—(1)** The Central Government or a State Government may, by
notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed
qualifications, to be Government Analysts for such areas as may be assigned to them by the Central
Government or the State Government, as the case may be.
(2) Notwithstanding anything contained in sub-section (1), neither the Central Government nor
a State Government shall appoint as a Government Analysts any official not serving under it
without the previous consent of the Government under which he is serving.
1[(3) No person who has any financial interest in the manufacture or sale of any drug shall be
appointed to be a Government Analysts under this section.]
**33G. Inspectors.—(1)** The Central Government or a State Government may, by notification in the
Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be Inspectors
for such areas as may be assigned to them by the Central Government or the State Government, as the
case may be.
(2) The powers which may be exercised by an Inspector and the duties which may be
performed by him and the conditions, limitations or restrictions subject to which such powers
and duties may be exercised or performed shall be such as may be prescribed.
1. Ins. by Act 68 of 1982, s. 32 (w.e.f. 1-2-1983).
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(3) No person who has any financial interest in the manufacture or sale of any drug shall be appointed
to be an Inspector under this section.
(4) Every Inspector shall be deemed to be a public servant within the meaning of section 21
of the Indian Penal Code (45 of 1860) and shall be officially subordinate to such authority as
the Government appointing him may specify in this behalf.
**33H. Application of provisions of sections 22, 23, 24 and 25.—The** provisions of
sections 22, 23, 24 and 25 and the rules, if any, made thereunder shall, so far as may be, apply in
relation to an Inspector and a Government Analyst appointed under this Chapter as they apply in
relation to an Inspector and a Government Analyst appointed under Chapter IV, subject to the
modification that the references to “drug” in the said sections, shall be construed as references to
1[Ayurvedic, Siddha or Unani] drug.
2[33-I. Penalty for manufacture, sale, etc., of Ayurvedic, Siddha or Unani drug in contravention
**of this Chapter.—Whoever** himself or by any other person on his behalf—
(1) manufactures for sale or for distribution, —
3[(a) any Ayurvedic, Siddha or Unani drug—
(i) deemed to be misbranded under section 33E,
(ii) deemed to be adulterated under section 33EE, or
(iii) without a valid licence or in violation of any of the conditions thereof, as required
under section 33 EEC,
shall be punishable with imprisonment for a term which may extend to one year and with fine which
shall not be less than twenty thousand rupees or three times the value of the drugs confiscated,
whichever is more;]
(b) any Ayurvedic, Siddha or Unani drug deemed to be spurious under
section 33EEA, shall be punishable with imprisonment for a term which shall not be
less than one year but which may extend to three years and with fine which shall not be
less than [4][fifty thousand rupees or three times the value of the drugs confiscated, whichever is
more]:
Provided that the Court may, for any adequate and special reasons to be mentioned
in the judgment, impose a sentence of imprisonment for a term of less than one year
and of fine of less than [4][fifty thousand rupees or three times the value of the drugs
confiscated, whichever is more]; or
5[(c) any Ayurvedic, Siddha or Unani drug in contravention of the provisions of any
notification issued under section 33EED shall be punishable with imprisonment for a term which
may extend to three years and with fine which may extend to fifty thousand rupees or three times
the value of the drugs confiscated, whichever is more.]
(2) Contravenes any other provisions of this Chapter or of section 24 as applied by
section 33H or any rule made under this Chapter, shall be punishable with imprisonment for a
term which may extend to [6][six months and with fine which shall not be less than ten thousand
rupees].
**33J. Penalty for subsequent offences.—Whoever** having been convicted of an offence,—
(a) under clause (a) of sub-section (1) of section 33-I is again convicted of an offence
under that clause, shall be punishable with imprisonment for a term which may extend to
two years and with fine which shall not be less than [7][fifty thousand rupees or three times the
value of the drugs confiscated, whichever is more];
(b) under clause (b) of sub-section (1) of section 33-I is again convicted of an offence
under that clause, shall be punishable with imprisonment for a term which shall not be less
than two years but which may be extend to six years and with fine which shall not be less
1. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983).
2. Subs. by s. 33, ibid., for sections 33-I and 33J (w.e.f. 1-2-1983).
3. Subs. by Act 26 of 2008, s. 15, for clause (a) (w.e.f. 10-8-2009).
4. Subs. by s. 15, ibid., for “five thousand rupees” (w.e.f. 10-8-2009).
5. Ins. by s. 15, ibid. (w.e.f. 10-8-2009).
6. Subs. by s. 15, ibid., for “three months and with fine which shall not be less than five hundred rupees” (w.e.f. 10-8-2009).
7. Subs, by s. 16, ibid., for “two thousand rupees” (w.e.f. 10-8-2009).
33
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than[1][one lakh rupees or three times the value of the drugs confiscated, whichever is more]:
Provided that the Court may, for any adequate and special reasons to be mentioned in
the judgment, impose a sentence of imprisonment for a term of less than two years and of
fine of less than [1][one lakh rupees or three times the value of the drugs confiscated, whichever is
more;]
(c) under sub-section (2) of section 33-I is again convicted of an offence under that
sub-section, shall be punishable with imprisonment for a term which may extend to [2][one
year and with fine which shall not be less than twenty thousand rupees or three times the value of the
drugs confiscated, whichever, is more].
**33K. Confiscation.—Where** any person has been convicted under this Chapter, the stock of
the [3][Ayurvedic, Siddha or Unani] drug, in respect of which the contravention has been made,
shall be liable to confiscation.
**4[33KA. Disclosure of name of manufacturer, etc. — Every person, not being the manufacturer**
of any Ayurvedic, Siddha or Unani drug or his agent for the distribution thereof, shall, if so required,
disclose to the Inspector the name, address and .other particulars of the person from whom he acquired the
Ayurvedic, Siddha or Unani drug.
**33KB.** **Maintenance of records and furnishing of information.** **— Every person holding a licence**
under clause (c) of section 33EEC shall keep and maintain such records, registers and other documents as
may be prescribed and shall furnish to any officer or authority exercising any power or discharging any
function under this Act such information as is required by such officer or authority for carrying out the
purposes of this Act.]
**33L. Application of provisions to Government departments.—The** provisions of this
Chapter except those contained in section 33K shall apply in relation to the manufacture for sale,
sale, or distribution of any [3][Ayurvedic, Siddha or Unani] drug by any department of
Government as they apply in relation to the manufacture for sale, sale, or distribution of such
drug by any other person.
**33M. Cognizance of offences.—(1) No prosecution under this Chapter shall be instituted**
except by an Inspector 5[with the previous sanction of the authority specified under
sub-section (4) of section 33G].
(2) No Court inferior to that [6][of a Metropolitan Magistrate or of a Judicial Magistrate
of the first class] shall try an offence punishable under this Chapter.
**33N. Power of Central Government to make rules.—(1)** The Central Government may,
7[after consultation with, or on the recommendation of, the Board] and after previous publication
by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions
of this Chapter:
Provided that consultation with the Board may be dispensed with if the Central Government is of
opinion that circumstances have arisen which render it necessary to make rules without such consultation,
but in such a case, the Board shall be consulted within six months of the making of the rules and the
Central Government shall take into consideration any suggestions which the Board may make in relation
to the amendment of the said rules.
(2) Without prejudice to the generality of the foregoing power, such rules may—
(a) provide for the establishment of laboratories for testing and analysing [3][Ayurvedic, Siddha or
Unani] drugs;
1. Subs. by Act 26 of 2008 s. 16, for “five thousand rupees” (w.e.f. 10-8-2009).
2. Subs. by s. 16, _ibid., for “six months and with fine which shall not be less than one thousand rupees ”_
(w.e.f. 10-8-2009).
3. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983).
4. Ins. by Act 26 of 2008, s. 17 (w.e.f. 10-8-2009).
5. Ins. by Act 68 of 1982, s. 34 (w.e.f. 1-2-1983).
6. Subs. by s. 34, ibid., for “of a Presidency Magistrate or of a Magistrate of the first class” (w.e.f. 1-2-1983).
7. Subs. by s. 35, ibid., “after consultation with the Board” (w.e.f. 1-2-1983).
34
-----
(b) prescribe the qualifications and duties of Government Analysts and the
qualifications of Inspectors;
(c) prescribe the methods of test or analysis to be employed in determining whether any
1[Ayurvedic, Siddha or Unani] drug is labelled with the true list of the ingredients which it is
purported to contain:
(d) specify any substance as a poisonous substance;
(e) prescribe the forms of licences for the manufacture for sale of [1][Ayurvedic, Siddha or
Unani] drugs [2][and for sale of processed Ayurvedic, Siddha or Unani drugs,] the form of
application for such licences, the conditions subject to which such licences may be issued,
the authority empowered to issue the same and the fees payable therefor; [2][and provide for
the cancellation or suspension of such licences in any case where any provision of this
Chapter or rules made thereunder is contravened or any of the conditions subject to which
they are issued is not complied with];
3[(f) prescribe the conditions to be observed in the packing of Ayurvedic, Siddha and
Unani drugs including the use of packing material which comes into direct contact with the
drugs, regulate the mode of labelling packed drugs and prescribe the matters which shall or
shall not be included in such labels;]
(g) prescribe the conditions subject to which small quantities of [1][Ayurvedic, Siddha
or Unani] drugs may be manufactured for the purpose of examination, test or analysis;
and
4[(gg) prescribe under clause (d) of section 33EE the colour or colours which an
Ayurvedic, Siddha or Unani drug may bear or contain for purposes of colouring;
(gga) prescribe the standards for Ayurvedic, Siddha or Unani drugs under
section 33EB;]
5[(ggb) prescribe the records, registers or the documents to be kept and
maintained under section 33KB; and]
(h) any other matter which is to be or may be prescribed under this Chapter.
**33-O. Power to amend First Schedule.—The Central Government, after consultation with**
the Board and after giving, by notification in the Official Gazette, not less than three months ’
notice of its intention so to do, may, by a like notification, add to or otherwise amend the First
Schedule for the purposes of this Chapter and thereupon the said Schedule shall be deemed to
be amended accordingly.
6[CHAPTER V
MISCELLANEOUS
**7[** **8[33P.] Power to give directions.—The** Central Government may give such directions
to any State Government as may appear to the Central Government to be necessary for
carrying into execution in the State any of the provisions of this Act or of any rule or order
made thereunder.]
**34. Offences by companies.—(1)** Where an offence under this Act has been committed by a
company, every person who at the time the offence was committed, was in charge of and was
responsible to the company for the conduct of the business of the company, as well as the
1. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983).
2. Ins. by s. 35, ibid. (w.e.f. 1-2-1983).
3. Subs. by s. 35, ibid., for cl. (f) (w.e.f. 1-2-1983).
4. Ins. by s. 35, ibid. (w.e.f 1-2-1983).
5. Ins. by Act 26 of 2008 s. 18 (w.e.f. 10-8-2009).
6. Subs. by Act 11 of 1955, s. 16, for s. 34.
7. Ins. by Act 35 of 1960, s. 11 (w.e.f. 16-3-1961).
8. S. 33A re-numbered as s. 33P by Act 13 of 1964, s. 27 (w.e.f. 15-9-1964).
35
-----
company shall be deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable
to any punishment provided in this Act if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the commission of
such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act
has been committed by a company and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company, such director, manager, secretary or o ther
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
_Explanation.—For_ the purposes of this section—
(a) “company” means a body corporate, and includes a firm or other association of individuals;
and
(b) “director” in relation to a firm means a partner in the firm.
**1[34A. Offences by Government departments.—Where** an offence under Chapter IV or
Chapter IVA has been committed by any department of Government, such authority as is
specified by the Central Government to be in charge of manufacture, sale, or distribution of
drugs or where no authority is specified, the head of the department shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render any such authority or person
liable to any punishment provided in Chapter IV or Chapter IVA, as the case may be, if such
authority or person proves that the offence was committed without its or his knowledge or that
such authority or person exercised all due diligence to prevent the commission of such
offence.]
2[34AA. Penalty for vexatious search or seizure.—Any Inspector exercising powers under this Act
or the rules made thereunder, who,—
(a) without reasonable ground of suspicion searches any place, vehicle, vessel or other
conveyance; or
(b) vexatiously and unnecessarily searches any person; or
(c) vexatiously and unnecessarily seizes any drug or cosmetic, or any substance or
article, or any record, register, document or other material object; or
(d) commits, as such Inspector, any other act, to the injury of any person without
having reason to believe that such act is require for the execution of his duty,
shall be punishable with fine which may extend to one thousand rupees.]
**35. Publication of sentences passed under this Act.—(1)** If any person is convicted of an
offence under this Act, [3][the Court before which the conviction takes place shall, on
application made to it by the Inspector cause] the offender’s name, place of residence, the
offence of which he has been convicted and the penalty which has been inflicted upon him, to
be published at the expense of such person in such newspapers or in such other manner as the
Court may direct.
(2) The expenses of such publication shall be deemed to form part of the costs relating
to the conviction and shall be recoverable in the same manner as those costs are
recoverable.
1. Ins. by Act 13 of 1964, s. 28 (w.e.f. 15-9-1964).
2. Ins. by Act 68 of 1982, s. 36 (w.e.f. 1-2-1983).
3. Subs. by s. 37, ibid., for certain words (w.e.f. 1-2-1983).
36
-----
**36.** **Magistrate’s power to impose enhanced penalties.—Notwithstanding** anything
contained in [1]* * * [2][the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for
3[any Metropolitan Magistrate or any Judicial Magistrate of the first class] to pass any
sentence authorized by this Act in excess of his powers under [1]* * * the said Code.
**4[36A. Certain offences to be tried summarily.—Notwithstanding anything contained in**
the Code of Criminal Procedure, 1973 (2 of 1974), [5][all offences (except the offences triable by
the Special Court under section 36AB or Court of Session under this Act] punishable with
imprisonment for a term not exceeding three years, other than an offence under clause (b) of
sub-section (1) of section 33-I, shall be tried in a summary way by a Judicial Magistrate of the
first class specially empowered in this behalf by the State Government or by a Metropolitan
Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as
far as may be, apply to such trial :
Provided that, in the case of any conviction in a summary trial under this section, it shall
be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding
one year:
Provided further that when at the commencement of, or in the course of, a summary trial
under this section it appears to the Magistrate that the nature of the case is such that a sentence
of imprisonment for a term exceeding one year may have to be passed or that it is, for any other
reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties,
record an order to that effect and thereafter recall any witness who has been examined and
proceed to hear or rehear the case in the manner provided by the said Code.]
**6[36AB. Special Courts. — (1)** The Central Government, or the State Government, in consultation with
the Chief Justice of the High Court, shall, for trial of offences relating to adulterated drugs or spurious drugs
and punishable under clauses (a) and (b) of section 13, sub-section (3) of section 22, clauses (a) and (c) of
section 27, section 28, section 28A, section 28B and clause (b) of sub-section (1) of section 30 and other
offences relating to adulterated drugs or spurious drugs, by notification, designate one or more Courts of
Session as a Special Court or Special Courts for such area or areas or for such case or class or group of cases
as may be specified in the notification.
_Explanation._ —In this sub-section, “High Court” means the High Court of the State in which a
Court of Session designated as Special Court was functioning immediately before such designation.
(2) While trying an offence under this Act, a Special Court shall also try an offence, other than an
offence referred to in sub-section (1), with which the accused may, under the Code of Criminal
Procedure, 1973 (2 of 1974), be charged at the same trial.
**36AC. Offences to be cognizable and non-bailable in certain cases.** — (1) Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) every offence, relating to adulterated or spurious drug and punishable under clauses (a) and
(c) of sub-section (1) of section 13, clause (a) of sub-section (2) of section 13, sub-section (3) of
section 22, clauses (a) and (c) of section 27, section 28, section 28A, section 28B and sub-sections
(1) and (2) of section 30 and other offences relating to adulterated drugs or spurious drugs, shall be
cognizable.
1. The words and figures “section 32 of” omitted by Act 13 of 1964, s. 29 (w.e.f. 15-9-1964).
2. Subs. by Act 68 of 1982, s. 38, for “the Code of Criminal Procedure, 1898” (w.e.f. 1-2-1983).
3. Subs. by s. 38, ibid., for “any Presidency Magistrate or any Magistrate of the first class” (w.e.f. 1-2-1983).
4. Ins. by s. 39, ibid. (w.e.f. 1-2-1983).
5. Subs. by Act 26 of 2008, s. 19, for “all offences under this Act” (w.e.f. 10-8-2009).
6. Ins. by s. 20, ibid. (w.e.f. 10-8-2009).
37
-----
(b) no person accused, of an offence punishable under clauses _(a). and (c) of sub-section (1) of_
section 13, clause (a) of sub-section (2) of section 13, sub-section (3) of section 22, clauses (a) and
_(c) of section 27, section 28, section 28A, section 28B and sub-sections (1)_ and (2) of section 30 and
other offences relating to adulterated drugs or spurious drugs, shall be released on bail or on his own
bond unless—
(i) the Public Prosecutor has been given an opportunity to oppose the application for such
release; and
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are
reasonable grounds for believing that he is not guilty of such offence and that he is not likely to
commit any offence while on bail:
Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, may
be released on bail, if the Special Court so directs.
(2) The limitation on granting of bail specified in clause (b) of sub-section (1) is in addition to the
limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in
force on granting of bail.
(3) Nothing contained in this section shall be deemed to affect the special powers of the High Court
regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) and the High Court
may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the
reference to “Magistrate” in that section includes also a reference to a “Special Court” designated under
section 36AB.
**36AD. Application of Code of Criminal Procedure, 1973 to proceedings before Special**
**Court. — (1) Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure,**
1973 (2 of 1974) (including the provisions as to bails or bonds), shall apply to the proceedings before a
Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a
Court of Session and the person conducting the prosecution before the Special Court, shall be deemed to be
a Public Prosecutor:
Provided that the Central Government or the State Government may also appoint, for any case or class
or group of cases, a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor or a Special Public Prosecutor
under this section unless he has been in practice as an advocate for not less, than seven years, under the Union or
a State, requiring special knowledge of law.
(3) Every person appointed as a Public Prosecutor or a Special Public Prosecutor under this section shall
be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal
Procedure, 1973 (2 of 1974) and the provisions of that Code shall have effect accordingly.
**36AE. Appeal and revision. — The High Court may exercise, so far as may be applicable, all the**
powers conferred by Chapter XXIX or Chapter XXX of the Code of Criminal Procedure, 1973 (2 of 1974), on a
High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of
Session trying cases within the local limits of the jurisdiction of the High Court.]
**37. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall**
lie against any person for anything which is in good faith done or intend to be done under this Act].
1[38. Rules to be laid before Parliament.—Every rule made under this Act shall be laid as
soon as may be after it is made before each House of Parliament while it is in session for a total
period of thirty days which may be comprised in one session or in two or more successive sessions,
2[and if, before the expiry of the session immediately following the session or the successive
sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 13 of 1964, s. 30 (w.e.f. 15-9-1964).
2. Subs. by Act 68 of 1982, s. 40, for certain words (w.e.f. 1-2-1983).
38
-----
1[THE FIRST SCHEDULE
[See section 3 (a)]
2[A.—AYURVEDIC AND SIDDHA SYSTEMS]
SI. No. Name of book SI. No. Name of book
_Ayurveda_
1. Arogya Kalpadruma 29. Sarvaroga Chikitsa Ratnam
2. Arka Prakasha 30. Sarvayroga Chikitsa Ratnam
3. Arya Bhishak 31. Sharangadhara Samhita
4. Ashtanga Haridaya 32. Siddha Bhaishajya Manimala
5. Ashtanga Samgraha 33. Siddha Yoga Samgraha
6. Ayurveda Kalpadruma 34. Sushruta Samhita
7. Ayurveda Prakasha 35. Vaidya Chintamani
8. Ayurveda Samgraha 36. Vaidyaka Shabda Sindu
9. Bhaishajya Ratnavali 37. Vaidyaka Chikitsa Sara
10. Bhart Bhaishajya Ratnakara 38. Vaidya Jiwan
11. Bhava Prakasha 39. Basava Rajeeyam
12. Brihat Nighantu Ratnakara 40. Yoga Ratnakara
13. Charaka Samhita 41. Yoga Tarangini
14. Chakra Datta 42. Yoga Chintamani
15. Gada Nigraha 43. Kashyapasamhita
16. Kupi Pakva Rasayana 44. Bhelasamhita
17. Nighanttu Ratnakara 45. Vishwanathachikitsa
18. Rasa Chandanshu 46. Vrindachikitsa
19. Rasa Raja Sundara 47. Ayurvedachintamani
20. Rasaratna Samuchaya 48. Abhinavachintamani
21. Rasatantra Sara Siddha 49. Ayurveda-ratnakar
Prayoga Samgraha 50. Yoga ratnasangraha
3[21A. Rastantra Sar Va Siddha Prayog 51. Rasamrita
Samgraha Part II (Edition 2006).] 52. Dravyagunanighantu
22. Rasa Tarangini 20212132002002006)] 53. Rasamanjari
23. Rasa Yoga Sagara 54. Bangasena
24. Rasa Yoga Ratnakara 4[54A. 5[Ayurvedic Formulary of India and its Parts]
25. Rasa Yoga Samgraha 54B Aurveda Sara Sangraha]
26. Rasendra Sara Samgraha 6[54C Aurvedic Pharmacopoeia of india.]
27. Rasa Pradipika 3[54D Ayurvedic Pharmacopoeia
28. Sahasrayoga of India and its Parts]
_Siddha_
55. Siddha Vaidya Thirattu 61. Therayar Yamagam
56. Therayar Maha Karisal 62. Agasthiyar Chenduram (300)
57. Brahma Muni Karukkadai (300) 63. Agasthiyar (1500)
58. Bhogar (700) 64. Athmarakshamrutham
59. Pulippani (500) 65. Agasthiyar Pin (80)
60. Agasthiyar Paripuranam (400) 66. Agasthiyar Rathna Churukkam
1. Subs. by Act 13 of 1964, s. 31, for the Schedule, the First Schedule came into force (w.e.f. 1-2-1969) and the Second
Schedule came into force (w.e.f. 15-9-1964).
2. Subs. by Act 68 of 1982, s. 41, for the heading “A-AYURVEDIC (INCLUDING SIDDHA) SYSTEM” (w.e.f. 1-2-1983).
3. Ins. by G.S.R. 337(E), dated 15-4-2010.
4. Ins. by G.S.R. 735 (E), dated 28-8-1987.
5. Subs by G.S.R. 337 (E), dated 15-4-2010.
6. Ins. by G.S.R. 423 (E), dated 11-6-2002.
39
-----
SI. No. Name of book SI. No. Name of book
67. Therayar Karisal (300) 76. Chimittu Rathna (Rathna)
68. Veeramamuni Nasa Kandam Churukkam
69. Agasthiyar (600) 77. Nagamuni (200)
70. Agasthiyar Kanma Soothiram 78. Agasthiyar Chillarai Kovai
71. 18 Siddhar's Chillarai Kovai 79. Chikicha Rathna Deepam
72. Yogi Vatha Kaviyam 80. Agasthiyar Nayana Viahi
73. Therayar Tharu 81. Yugi Karisal (151)
74. Agasthiyar Vaidya Kaviyam (1500) 82. Agasthiyar Vallathi (600)
75. Bala Vagadam 83. Therayar Thaila Varkam
1[84. Siddha Formulary of Unani Medicine
(Part I)]
2[85. Siddha Pharmacopoeia of India and
its Parts.]
3[B.—UNANI TIBB SYSTEM]
1. Karabadin Qadri 7. Karabadin Jadid
2. Karabadin Kabir 8. Kitab-ul-Taklis
3. Karabadin Azam 9. Sanat-ul-Taklis
4. Ilaj-ul-Amraz 10. Mifta-ul-Khazain
5. Al Karabadin 11. Madan-ul-Aksir
6. Biaz Kabir Vol. II 12. Makhzan-ul-Murabhat
[1][13. National Formulary of Unani Medicine
4[***]
[5][14. Unani Pharmacopoeia of India]
1. Added by G.S.R. 735 (E), dated 28-8-1987.
2. Ins. by G.S.R. 337 (E), dated 15-4-2010.
3. Subs. by Act 68 of 1982, s. 41, for the heading “B-UNANI (TIBB) SYSTEM” (w.e.f. 1-2-1983).
4. The brackets, word and figure “(Part I)” Omitted by G.S.R. 72 (E), dated 31-1-2003.
5. Ins. ibid.
40
-----
THE SECOND SCHEDULE
(See sections 8 and 16)
STANDARDS TO BE COMPLIED WITH BY IMPORTED DRUGS AND BY DRUGS
MANUFACTURED FOR SALE, SOLD, STOCKED OR EXHIBITED FOR SALE OR
DISTRIBUTED
Class of drug Standard to be complied with
1. Patent or proprietary medicines [1][other than The formula or list of ingredients displayed in
Homoeopathic medicines]. the prescribed manner on the label or
container and such other standards as may be
prescribed.
2[2. Substances commonly known as The standards maintained at the Inter
vaccine, seratoxines, toxoids, anti
national Laboratory for Biological Stan
toxins and antigens and biological
dards, Stantans Serum Institute, Copenhagen
products like nature, for human use or
and at the Central Veterinary Laboratory,
for veterinary use.
Way bridge Surrey, U. K., and such other
laboratories recognised by the World Health
Organisation from time to time, and such
further standards of strength, quality, and
purity, as may be prescribed.]
3[* * * * *
4. Substances (other than food) intended
Such standards as may be prescribed.
to affect the structure or any function
of the human body or intended to be
used for the destruction of vermin or
insects which cause disease in human
beings or animals.
4[4A. Homoeopathic Medicines:
(a) Drugs included in the Homoeopathic
Pharmacopoeia of India.
(b) Drugs not included in the Homoeo
pathic Pharmacopoeia of India but
which are included in the Homoeopathic Pharmacopoeia of United
States of America or the United
Kingdom or the German
Homoeopathic Pharmacopoeia.
(c) Drugs not included in the Homoeo
pathic Pharmacopoeia of India or the
United States of America, or the
United Kingdom or the German
Homoeopathic Pharmacopoeia.
5[5. Other drugs :
(a) Drugs included in the Indian
Pharmacopoeia.
Standards of identity, purity and strength
specified in the edition of the Homoeopathic Pharmacopoeia of India for the time
being and such other standards as may be
prescribed.
Standards of identity, purity and strength
prescribed for the drugs in the edition of
such Pharmacopoeia for the time being in
which they are given and such other standards as may be prescribed.
The formula or list of ingredients displayed
in the prescribed manner on the label of the
container and such other standards as may
be prescribed by the Central Government.]
Standards of identity, purity and strength
specified in the edition of the Indian Pharmacopoeia for the time being and such other
standards as may be prescribed.
1. Ins. by notification No. S.O. 887, dated 19th March, 1966, Gazette of India, Pt. II, s. 3 (ii), p. 819.
2. Subs. by notification No. G.S.R. 299 (E), dated 23-4-1984.
3. Omitted, ibid.
4. Subs. by notification No. S.O. 820, dated the 6th June, 1978, Gazette of India, 1978, Pt. II, s. 3 (ii), p. 1471.
5. Subs. by notification No. S.O. 885, dated 4th August, 1973, Gazette of India, 1973, Pt. II, s. 3 (ii), p. 1643.
41
-----
Class of drug Standard to be complied with
In case the standards of identity, purity and
strength for drugs are not specified in the
edition of the Indian Pharmacopoeia for the
time being in force but are specified in the
edition of the Indian Pharmacopoeia
immeiately preceding, the standards of
identity, purity and strength shall be those
occurring in such immediately preceding
edition of the Indian Pharmacopoeia and
such other standards as may be prescribed.
(b) Drugs not included in the Indian Phar
macopoeia but which are included in the
official Pharmacopoeia of any other
country.
Standards of identity, purity and strength
specified for drugs in the edition of such
official Pharmacopoeia of any other country
for the time being in force and such other
standards as may be prescribed.
In case the standards of identity, purity and
strength for drugs are not specified in the
edition of such official Pharmacopoeia for the
time being in force but are specified in the
edition immediately preceding the standards
of identity, purity and strength shall be those
occurring in such immediately preceding
edition of such official Pharmacopoeia and
such other standards as may be prescribed.]]
42
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|
2-Mar-1942 | 07 | The Coffee Act, 1942 | https://www.indiacode.nic.in/bitstream/123456789/2412/1/a1942-07.pdf | central | THE COFFEE ACT, 1942
______
ARRANGEMENT OF SECTIONS
______
SECTIONS
1. Short title, extent and duration.
2. Declaration as to expediency of Union control.
3. Definitions.
4. Constitution of the Board.
5. Incorporation of the Board.
6. Vesting of property in the Board.
6A. Consultation with the Board.
7. Committees, staff and agents.
8. Salary and allowances of Chairman.
8A. Vice-Chairman.
9. Chief Coffee Marketing Officer, Secretary and other Staff.
10. Dissolution of the Board.
_Duties of Customs and of Excise_
11. [Repealed.].
12. [Repealed.].
13. [Repealed.].
_Registration_
14. Registration of owners of coffee estates.
15. Power of State Government to make rules.
_Control of Sale, Export and Re-import of Coffee_
16. Fixation of prices for sale of coffee.
17. Sale of coffee in excess of free sale quota.
18. Sale of coffee, how made.
19. [Repealed.].
20. Export of coffee.
21. Re-import of coffee exported from India.
22. Free sale quota.
23. Returns to be made by registered owners.
24. Licences for sale of uncured coffee.
25. Surplus coffee and surplus pool.
26. Sales of coffee by the Board.
1
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_Curing of Coffee_
SECTIONS
27. Coffee to be cured in licensed curing establishments.
28. Licensing of curing establishments.
29. Information to be supplied to the Board in connection with curing.
_Finance_
30. Separate funds to be maintained by the Board.
31. General fund.
32. Pool fund.
32A. Power of the Board to make donation to the Gandhi National Memorial Fund.
33. Power to borrow.
34. Payments to registered owners.
_Penalties and Procedure_
35. Failure to register.
36. Contraventions of sections 16, 17 and 18.
37. Unlicensed curing establishment.
37A. Contravention of section 23(1).
38. False returns.
38A. Contravention of section 25.
38B. Powers to seize coffee withheld from inclusion in surplus pool.
39. Obstruction.
39A. Offences by companies.
40. Cognizance of offences.
_General_
41. [Repealed.].
42. Control by the Central Government.
43. Appeals to the Central Government.
44. Inspection of records.
45. Accounts of the Board.
46. Inspection of records of the Board and obtaining of copies.
47. Contracts.
47A. Bar of legal proceedings.
48. Power of the Central Government to make rules.
49. Repeal of Act 14 of 1935.
50. [Repealed.].
2
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# THE COFFEE ACT, 1942
ACT NO. 7 OF 1942[1]
[2nd March, 1942.]
# An Act [1][to provide for the development under the control of the Union of the coffee industry].
WHEREAS it is expedient [1][to provide for the development under the control of the Union of the
coffee industry] ;
It is hereby enacted as follows: —
1. Short title, extent and duration.—(1) This Act may he called the [2][Coffee Act], 1942.
(2) It extends to the whole of India [3][except the State of Jammu and Kashmir*].
4* _*_ _*_ _*_ _*_
5 [2. Declaration as to expediency of Union control.—It is hereby declared that it is
expedient in the public interest that the Union should take under its control the coffee industry.]
**3.** **Definitions.—In this Act, unless there is anything repugnant in the subject or**
context,—
(a) “the Board” means the [6][ [7]* * * Coffee Board] constituted under section 4;
8[(aa) “Chairman” means the Chairman of the Board;]
(b) “coffee” means the commodity derived from the fruit of the rubiaceous plant known
by that name, and includes raw coffee, cured coffee, uncured coffee, roasted coffee and
prepared coffee;
9[(c) “Commissioner”, means a Commissioner of Customs as specified in clause (b) of section 3
of the Customs Act, 1962 (52 of 1962);
(d) “curing” means the application to raw coffee of mechanical processes other than pulping for
the purpose of preparing it for marketing;
(e) “curing establishment” means any place to which raw coffee is sent by a registered owner for
curing, and includes any estate which the Board may declare to be a curing establishment for the
purposes of this Act;
1. Subs. by Act 50 of 1954, s. 2, for certain words (w.e.f. 1-8-1955).
2. Subs. by s. 3, ibid., for “Coffee Market Expansion Act” (w.e.f. 1-8-1955).
3. Subs. by Act 3 of 1951, s. 3 and the Sch., for “expect Part B States”.
4. Sub-section (3) omitted by Act 4 of 1947, s. 2.
5. Subs. by Act 50 of 1954, s. 4, for s. 2 (w.e.f. 1-8-1955).
6. Subs. by Act 7 of 1943, s. 2, for “India Coffee Market Expansion Board”.
7. The word “Indian” omitted by Act 50 of 1954, s. 5 (w.e.f. 1-8-1955).
8. Ins. by s. 5, ibid, (w.e.f. 1-8-1955).
9. Subs. by Act 22 of 1995, s. 85, for cl. (c).
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
3
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1[(ee) “dealer” means a person carrying on the business of selling coffee, whether wholesale or by
retail;]
(f) “estate” means an area administered as one unit which contains land planted with
coffee plants;
2
[(ff) “India” means the territory of India excluding the State of Jammu and
Kashmir*;]
(g) “Indian Coffee Cess Committee” means the Indian Coffee Cess Committee con
stituted under the Indian Coffee Cess Act, 1935 (14 of 1935);
3[(h) “free sale quota” means that portion, stated in terms of bulk or weight, of the
whole of the coffee produced by the estate in the year, which a registered estate is
permitted under this Act to sell;]
4[(i) “owner”, in relation to any land planted with coffee plants, includes,—
(1) any agent of the owner, and
(2) a mortgagee, lessee or other person in actual possession of the land;]
_(j) “prescribed” means prescribed by rules made under this Act;_
(k) “registered estate” means an estate in respect of which an owner is registered under
sub-section (1) of section 14, and includes also any estate in respect of which an owner is
required to be registered under the provisions of that sub-section;
(l) “registered owner” means an owner of a registered estate who has been or is
required to be registered under sub-section (1) of section 14;
5* - - -
_(m)_ “surplus pool” means the stock of coffee accumulated by the Board out of the amounts
delivered to the Board under section 25;
6[(n) “year” means the period of twelve months beginning with the first day of July and ending
with the thirtieth day of June next following.]
**4. Constitution of the Board.—(1) The Board constituted by the name of the Indian**
Coffee Market Expansion Board under section 4 of the Indian Coffee Market Expansion
Ordinance, 1940 (13 of 1940), shall be the [7][Coffee Board] for the purposes of this Act.
[8][[9][[10](2) The Board shall consist of—
(a) a Chairman to be appointed by the Central Government by notification in the
Official Gazette;
(b) three Members of Parliament of whom two shall be elected by the House of
the People and one by the Council of States; and
(c) such number of other members not exceeding twenty-nine as the Central
Government may think expedient, to be appointed by that Government by notification
1. Ins. by Act 2 of 1944, s. 2.
2. Ins. by Act 3 of 1951, s. 3 and the Sch.
3. Subs. by Act 23 of 1994, s. 2, for cl. (h) (w.e.f. 14-1-1994).
4. Subs. by Act 48 of 1961, s. 2, for cl. (i) (w.e.f. 19-4-1962).
5. Cl. (ll) Omitted by Act 3 of 1951, s. 3 and the Schedule which was ins. by the A.O. 1950.
6. Subs. by Act 48 of 1961, s. 2, for cl. (n) (w.e.f. 19-4-1962).
7. Subs. by Act 50 of 1954, s. 6, for “Indian Coffee Board” (w.e.f. 1-8-1955).
8. Sub-sections (2) and (3) ins. by Act 7 of 1943, s. 3.
9. Subs. by Act 50 of 1954, s. 6, for sub-section (2) (w.e.f. 1-8-1955).
10. Subs. by Act 48 of 1961, s. 3, for sub-section (2) and (2A) (w.e.f. 19-4-1962).
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
4
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in the Official Gazette from among persons who are in its opinion capable of
representing,—
(i) Governments of the principal coffee-growing States;
(ii) coffee-growing industry;
(iii) coffee trade interests;
(iv) curing establishments;
(v) interests of labour;
(vi) interests of consumers; and
(vii) such other interests as, in the opinion of the Central Government, ought to be
represented on the Board.
(2A) The number of persons to be appointed as members from each of the categories specified in
clause (c) of sub-section (2), the term of office of, the procedure to be followed in the discharge of
their functions by, and the manner of filling vacancies among, the members of the Board shall be
such as may be prescribed.]
(2B) Any officer of the Central Government when deputed by that Government in this behalf
shall have the right to attend meetings of the Board and take part in the proceedings thereof but
shall not be entitled to vote.]
1* - - - *]
2[(4)] No act done by the Board shall be questioned on the ground merely of the existence of any
vacancy in, or any defect in the constitution of, the Board.
3[(5) It is hereby declared that the office of member of the Board shall not disqualify its
holder for being chosen as, or for being, a member of either House of Parliament.]
**5. Incorporation of the Board. — The Board shall be a body corporate by the name of the**
4[5* * * Coffee Board], having perpetual succession and a common seal, with power to acquire and
and hold property, both movable and immovable, and to contract, and shall by the said name sue
and be sued.
**6.** **Vesting of property in the Board.—So** long as this Act remains in force all property, mov
able or immovable, of or belonging to the Indian Coffee Cess Committee shall vest in the Board and
all debts and liabilities of the said Committee shall be transferred to the Board, and the officers and
servants of the said Committee shall be officers and servants on the staff of the Board and the said
Committee shall be suspended.
**6[6A. Consultation with the Board.—Before** taking any action touching the affairs of the Board
under this Act, the Central Government shall ordinarily consult the Board :
Provided that no action taken by the Central Government shall be invalid or called in question merely
on the ground that the action was taken without such consultation.]
**7. Committees, staff and agents. —[7]*** - - -
1. Sub-section (3) which was ins. by Act 7 of 1943, s. 3, omitted by Act 48 of 1961, s. 3 (w.e.f. 19-4-1962).
2. The original sub-section (2) renumbered as sub-section (4) by Act 7 of 1943, s. 3.
3. Ins. by Act 50 of 1954, s. 6 (w.e.f. 1-8-1955).
4. Subs. by Act 7 of 1943, s. 4, for “Indian Coffee Market Expansion Board”.
5. The word “Indian” omitted by Act 50 of 1954, s. 7 (w.e.f. 1-8-1955).
6. Ins. by s. 8, ibid. (w.e.f. 1-8-1955).
7. Sub-section (1) omitted by s. 9, ibid. (w.e.f. 1-8-1955).
5
-----
(2) The Board may appoint such committees for such purposes and may employ such staff as it thinks
necessary for the efficient discharge of its functions under this Act.
(3) The Board may authorise agents to discharge on its behalf its functions in relation to the
marketing, storing and curing of coffee.
1[8. Salary and allowances of Chairman.—The Chairman shall be entitled to such salary and
allowances and such conditions of service in respect of leave, pension, provident fund and other matters
as may, from time to time, be fixed by the Central Government.
**8A. Vice-Chairman.—The Board shall elect from amongst its members a Vice-Chairman who shall**
exercise such of the powers and perform such of the duties of the Chairman as may be prescribed or as
may be delegated to him by the Chairman.
**9. Chief Coffee Marketing Officer, Secretary and other staff.—(1) The Central Government**
shall appoint an officer to be called the Chief Coffee Marketing Officer and a Secretary to the Board
and may appoint a Deputy Secretary to the Board and such number of Marketing Officers as may be
necessary, to exercise such powers and to perform such duties under the direction of the Board as
may be prescribed.
(2) The officers appointed under this section shall be entitled to such salaries and allowances
and such conditions of service in respect of leave, pension, provident fund and other matters as
may, from time to time, be fixed by the Central Government.]
**10. Dissolution of the** **Board.—When** the Board is dissolved by reason of this Act having
ceased to be in force, the unexpended balance of all money received by the Board under the
Coffee Market Expansion Ordinance, 1940 (13 of 1940), or under this Act except money in the
pool fund, shall be disposed of in such manner as the Central Government may direct. The Central
Government shall disburse the money in the pool fund in the same manner as the Board would
have done had it continued to exist.
_Duties of Customs and of Excise_
**[11.** **_Duty of_** **_customs.]_** _Rep. by the Cess Laws_ (Repealing and Amending) Act, 2006 (24 _of 2006),_
_s. 2 and the First Schedule (w.e.f. 1-6-2006)._
**12. [Duty of excise.] Omitted by the Coffee (Amendment) Act, 1994 s. 3 (w.e.f. 14-1-1994).**
**[13.** **_Payment of proceeds of duty to the Board.]_** _Rep. by the Cess Laws (Repealing and_
_Amending) Act, 2006_ (24 of 2006) s. 2 and First Schedule (w.e.f. 1-6-2006).
1. Subs. by Act 50 of 1954, s. 10, for ss. 8 and 9 (w.e.f. 1-8-1955).
6
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_Registration_
**14.** **Registration of owners of coffee estates.—** [1][(1) Every owner of land planted with
coffee plants, whether such land is comprised in one estate or in more than one estate and
whether it is situated wholly or only partly in India, shall, before the expiration of one month
from the date on which he first became owner of such estate or estates, apply to the registering
officer appointed in this behalf by the State Government to be registered as an owner in respect
of each estate owned by him, and any registration made before the commencement of the
Coffee (Amendment) Act, 1961 (48 of 1961) shall be deemed to have been made under this
sub-section.]
2* - - -
(3) A registration once made shall continue in force until it is cancelled by the
registering officer.
3* - - -
**15. Power of State Government to make rules.—(1) The State Government may, by notification in**
the Official Gazette, make rules to carry into effect the provisions of section 14.
(2) Without prejudice to the generality of the foregoing power, such rules may prescribe
the form of the application for registration and for cancellation of registration, the fee payable
on such applications, the particulars to be included in such applications, the procedure to be
followed in granting and cancelling registration, the registers to be kept by registering officers,
and the supply by registering officers of information to the Board. [-]
_Control of Sale, Export and Re-import of Coffee_
**4[16. Fixation of prices for sale of coffee.—(1) The Central Government may** 5* * * by
notification in the Official Gazette fix the price or prices at which coffee may be sold wholesale
or retail in the Indian market.
(2) No registered owner or licensed curer or dealer shall sell coffee wholesale or retail in
the Indian market at a price or prices higher than the price or prices fixed under this section.]
**6[17. Sale** **of coffee in excess of free sale quotas.—No** registered owner shall sell or
contract to sell coffee from any registered estate if by such sale the free sale quota allotted to
that estate is exceeded nor shall a registered owner sell or contract to sell any coffee produced
on his estate in any year for which no free sale quota is allotted to the estate.]
**18. Sale of coffee, how made.—No** registered owner shall sell coffee unless either—
(a) it has been cured at or is delivered to the buyer through a curing establishment licensed under
section 28, or
(b) it is sold under and in accordance with the provisions of a licence procured from the Board
under section 24.
1. Subs. by Act 48 of 1961, s. 6, for sub-section (1) (w.e.f. 19-4-1962).
2. Sub-section (2) omitted by s. 6, ibid. (w.e.f. 19-4-1962).
3. Sub-section (4) omitted by s. 6, ibid. (w.e.f. 19-4-1962).
4. Subs. by Act 7 of 1943, s. 5, for s. 16.
5. The words “after consultation with the Board” omitted by Act 50 of 1954, s. 15 (w.e.f. 1-8-1955).
6. Subs. by Act 23 of 1994, s. 5, for s. 17 (w.e.f. 14-1-1994).
7
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**19.** [Storage or sale of coffee on or from unregistered estate.] Rep. by the Coffee (Amendment)
_Act, 1961 (48 of 1961), s. 8 (w.e.f. 19-4-1962)._
**20. Export of coffee.—No coffee shall be exported from** [1][India] otherwise than by the
Board or under an authorisation granted by the Board in the prescribed manner and in the prescribed cases, and the provisions of the [2][Customs Act, 1962 (52 of 1962), shall have effect as if
the provision made by this section had been made by notification issued under section 11] of
that Act:
3[Provided that nothing herein contained shall apply to coffee—
(i) shipped as stores on board any vessel or aircraft in such quantity as the
4
[Commissioner] considers reasonable, having regard to the number of the crew and
passengers and the length of the voyage or journey, as the case may be, on which the vessel
or aircraft is about to proceed, or
5[(ii) carried as personal baggage of a passenger, not exceeding such quantities as the
Central Government may, by notification in the Official Gazette, specify, or
(iii) exported for such purposes and in such quantities as the Central Government may specify in
the like manner :]]
6[Provided further that the Central Government may, by order in writing, specify the quan
quantity of coffee which shall be permitted for export during any year and where any such
order is made, no coffee shall be exported from India in excess of the said quantity :]
Provided further that the Central Government may exempt from the operation of this
section, either absolutely or subject to conditions, the export of coffee from [1][India] [7][to the
State of Jammu and Kashmir*] or to any foreign settlement bounded by India.
**21. Re-import of coffee exported from India.—(1)** No coffee which has been exported from
India shall be re-imported into [1][India] except under and in accordance with permit granted by the
Board.
( _2)_ The Board may in any fit case grant such a permit and no charge shall be made
therefor.
**8[22. Free sale quota.—(1) Unless with the previous sanction of the Central Government**
the Board decides that no free sale quotas shall be allotted, the Board shall, as soon as may
be, allot to each registered estate a free sale quota for the year.
(2) The free sale quota shall be a fixed percentage, common to all registered estates, not
exceeding fifty per cent. of the probable total production of the estate in the year as estimated by
the Board :
Provided that the Board may, with the previous sanction of the Central Government, allot
such quota at a percentage higher than fifty per cent. of the said probable total production.
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
2. Subs. by Act 23 of 1994. s. 6, for certain words (w.e.f. 14-1-1994).
3. Subs. by Act 50 of 1954, s. 16, for the first proviso (w.e.f. 1-8-1955).
4. Subs. by Act 22 of 1995, s. 85, for “Collector”.
5. Subs. by Act 48 of 1961, s. 9, for cls. (ii), (iii) and (iv) (w.e.f. 19-4-1962).
6. The Proviso ins. by Act 50 of 1954, s.16 (w.e.f. 1-8-1955).
7. Subs. by s. 3 and Sch., ibid., for “to a Part B State”.
8. Subs. by Act 23 of 1994, s. 7, for s. 22 (w.e.f. 14-1-1994).
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
8
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(3) The Board may at any time vary the free sale quota by varying the fixed percentage
common to all registered estates, or may express the whole or any part of the free sale quota of
an estate in terms of bulk instead of in terms of weight.]
**23. Returns to be made by registered owners.—(1)** A registered owner shall furnish to the
Board at the prescribed times and in the prescribed manner such returns as may be prescribed.
(2) If any registered owner fails to furnish the returns required under sub-section (1) in res
pect of any estate, the Board may [1][without prejudice to any penalty to which the said owner is
liable under section 37A] refuse to allot [2][a free sale quota] to that estate, or, where [2][a free sale
sale quota] has already been allotted, may cancel it.
(3) The Board may authorise an officer to visit any estate at any time to verify the accuracy
of any return made under this section or to ascertain the productive capacity of the estate.
**24. Licences for sale of uncured coffee.—The** registered owner of any estate may, subject to
the prescribed conditions and so long as the [3][free sale quota] allotted to that estate will not be
exceeded by the proposed sale, obtain from the Board a licence for the sale from that estate of
uncured coffee.
**25. Surplus coffee and surplus pool.—(1) All** coffee produced by a registered estate in excess
of the amount specified in the [4][free sale quota] allotted to that estate [5][or when no [6][free sale
quota] have been allotted to estates, all coffee produced by the estate], shall be delivered to the
Board for inclusion in the surplus pool by the owner of the estate or by the curing establishment
receiving the coffee from the estate:
7[Provided that where no 6[free sale quotas] have been allotted to estates, the Chairman may
allow the owner of any estate to retain with himself for purposes of consumption by his family
and for purposes of seed, such quantity of coffee as the Chairman may think reasonable :
Provided further that where the Central Government is satisfied that it is not practicable for
any class of owners producing coffee in any specified area to comply with the provisions of this
sub-section on account of the small quantity of coffee produced by them or on account of their
estates being situated in a remote locality, the Central Government may, by notification in the
Official Gazette, exempt such class of owners from the provisions of this sub-section.]
(2) Delivery shall be made to the Board in such places, [8][at such times] and in such manner
as the Board may direct, and such directions may provide for partial delivery to the surplus
pool at any time whether or not at that time the [4][free sale quota] has been exceeded; and the
coffee delivered shall be such as to represent fairly in kind and quality the produce of the
estate. The Board may reject any consignment offered for delivery which does not satisfy this
requirement, but shall not reject any consignment merely for a defect in curing.
(3) Coffee delivered for inclusion in the surplus pool shall upon delivery to the Board
remain under the control of the Board which shall be responsible for storage, curing where
necessary, and marketing of the coffee.
1. Ins. by Act 7 of 1943, s. 8.
2. Subs. by Act 23 of 1994, s. 8, for “an internal sale quota” (w.e.f. 14-1-1994).
3. Subs. by s. 9, ibid., for “internal sale quota” (w.e.f. 14-1-1994).
4. Subs by s. 10, ibid., “for internal sale quota” (14-1-1994).
5. Ins. by Act 7 of 1943, s. 10.
6. Subs. by s. 10, ibid., for “internal sale quota” (w.e.f. 14-1-1994).
7. Added by Act 50 of 1954, s. 17 (w.e.f. 1-8-1955).
8. Ins. by Act 7 of 1943, s. 10.
9
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(4) The Board shall [1]* * * [2][from time to time] prepare a differential scale for the valua
tion of coffee, and shall in accordance with that scale classify the coffee in each consignment
delivered for inclusion in the surplus pool according to its kind and quality, and shall make an
assessment of its value based on its quantity, kind and quality.
(5) The Board may with the consent of a registered owner, [3]* * * treat as having been
delivered for inclusion in the surplus pool any coffee from such estate which the registered
owner may agree to have so treated.
(6) When coffee has been delivered or is treated as having been delivered for inclusion in the
surplus pool, the registered owner whose coffee has been so delivered or is treated as having
been so delivered shall retain no rights in respect of such coffee except his right to receive the
payments referred to in section 34.
**26.** **Sales of coffee by the Board.—(1)** The Board shall take all practical measures to market
the coffee included in the surplus pool, and all sales thereof shall be conducted by or through the
Board.
(2) The Board may purchase for inclusion in the surplus pool coffee not delivered for inclu
sion in it.
_Curing of Coffee_
**27. Coffee to be cured in licensed curing establishments.—No** registered owner shall cause or
allow coffee to be cured elsewhere than in a licensed curing establishment, whether the curing
establishment is maintained by himself or by another person.
**28. Licensing of curing establishments.—Every establishment for curing coffee shall obtain from**
the Board a licence to operate as such.
**29. Information to be supplied to the Board in connection with curing.—(1)** A registered
owner when sending coffee to a curing establishment shall report to the Board, separately for
each estate from which coffee is sent, the amount of coffee sent; and the curing establishment
shall, in accordance with such instructions as may be issued by the Board and having regard to
the [4][free sale quota] of the estate [5][where one has been allotted], apportion each such consignment into two parts, one part consisting of coffee intended [6][for free sale] and one part of coffee
intended to be delivered for inclusion in the surplus pool and shall report to the Board the
amount of coffee in each such part [5][Where no [7][free sale quotas] have been allotted to estates,
the curing establishment shall report merely the whole amount of coffee sent in each such
consignment.]
(2) A registered owner curing coffee in a curing establishment maintained by himself shall
supply to the Board the information specified in sub-section (1).
(3) A curing establishment which buys or receives uncured coffee from any person shall
ascertain the estate on which the coffee was produced and shall report to the Board the quantity
of coffee so obtained and the estate or estates from which it came.
1. The words “with the concurrence of the Chief Coffee Marketing Officer” omitted by Act 50 of 1954, s. 17 (w.e.f. 1-8-1955).
2. Ins. by Act 7 of 1943, s. 10.
3. The words “before an internal sale quota has been allotted to an estate” omitted by Act 7 of 1943, s. 10.
4. Subs. by Act 23 of 1994, s. 11, for “internal sale quota” (w.e.f. 14-1-1994).
5. Ins. by Act 7 of 1943, s. 11.
6. Subs. by Act 23 of 1994, s. 11 for “internal sale” (w.e.f. 14-1-1994).
7. Subs. by s. 11, ibid., “internal sale quotas” (w.e.f. 14-1-1994).
10
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(4) Every curing establishment shall maintain accounts in such forms as may be required
by the Board and such accounts shall be open to inspection at any time by the Board or by an
officer authorised in this behalf by the Board.
_Finance_
**30. Separate funds to be maintained by the Board.—The** Board shall maintain two separate funds,
a general fund and a pool fund.
**1[31. General fund.—(1)** To the general fund shall be credited—
(a) all amounts paid to the Board by the Central Government under sub-section (1) of section 13;
and
(b) any sums transferred to the general fund under the proviso to sub-section (2) of [2][section 32;
and]
3[(c) all fees levied and collected by the Board under this Act.]
(2) The general fund shall be applied—
(a) to meet the expenses of the Board;
(b) to meet the cost of such measures as the Board may consider advisable to undertake
for promoting agricultural and technological research in the interest of the coffee industry in
India;
(c) for making such grants to coffee estates or for meeting the cost of such other
assistance to coffee estates as the Board may think necessary for the development of
such estates;
(d) to meet the cost of such measures as the Board considers advisable to undertake for
promoting the sale and increasing the consumption in India and elsewhere of coffee pro duced in India; and
(e) to meet the expenses for securing better working conditions and the provision and
improvement of amenities and incentives for workers.]
**32. Pool fund.—(1) To the pool fund shall be credited all sums realised by sales by the Board of**
Coffee from the surplus pool.
(2) [4][The pool fund] shall be applied only to—
(a) the making to registered owners of estates of payments proportionate to the value of the
coffee delivered by them for inclusion in the surplus pool;
(b) the costs of storing, curing and marketing coffee deposited in and of administering the surplus
pool ;
(c) the purchase of coffee not delivered for inclusion in the surplus pool:
5[Provided that where, after the requirements of the, clauses of this sub-section have been
met, there remains any excess in the pool fund, the Board may, with the previous sanction of the
Central Government, transfer the whole or any part of such excess to the credit of the general
fund.]
1. Subs. by Act 50 of 1954, s. 18, for s. 31 (w.e.f. 1-8-1955).
2. Subs. by Act 48 of 1961, s. 10, for “section 32” (w.e.f. 19-4-1962).
3. Ins. by s. 10, ibid. (w.e.f. 19-4-1962).
4. Subs. by Act 23 of 1994, s. 12, for certain words. (w.e.f 14-1-1994).
5. Added by Act 16 of 1944, s. 3.
11
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**1** **[32A. Power of the Board to make donation to the Gandhi National Memorial**
**Fund.—Notwithstanding anything contained in section 32, the Board may apply any part of**
the pool fund to the making of a donation to the Fund known as the Gandhi National
Memorial Fund.]
**33.** **Power to borrow.—The** Board may, subject to any prescribed conditions, borrow on the
security of the general fund or the pool fund for any purposes for which it is authorised to
expend money from such fund, or on the security of the coffee delivered or treated as delivered
for inclusion in the surplus pool for any purposes for which it is authorised to expend money
from the pool fund.
**34.** **Payments to registered owners.—(1)** The Board shall at such times as it thinks fit make to
registered owners who have delivered coffee for inclusion in the surplus pool such payments out of the
pool fund as it may think proper.
(2) The sum of all payments made under sub-section (1) to any one registered owner shall
bear to the sum of the payments made to all registered owners the same proportion as the value
of the coffee delivered by him out of the year's crop to the surplus pool bears to the value of all
coffee delivered to the surplus pool out of that year’s crop:
2[Provided that in calculating the sum of all payments made under sub-section (1) and the
value of the coffee delivered to the surplus pool out of the year’s crop, respectively, any payment
accepted by a registered owner as final payment in immediate settlement for coffee delivered by
him for inclusion in the surplus pool and the value of any such coffee shall be excluded.]
_Penalties and Procedure_
**35. Failure to register.—Any** owner of a coffee estate who fails to apply for registration in
accordance with section 14 shall be punishable with fine which may extend to one thousand
rupees and to a further fine which may extend to five hundred rupees for each month after the
first during which such failure continues.
**36.** **Contraventions of sections 16, 17 and 18.—(1)** Any registered owner who contravenes
the provisions of sub-section (2) of section 16, or section 17 or section 18, any licensed curer
3[or dealer] who contravenes the provisions of sub-section (2) of section 16, 4* * * shall be
punishable with fine which may extend to one thousand rupees.
(2) When a registered owner is convicted under this section, the Board may thereafter
deduct from any payment to be made under section 34 to such registered owner a sum equal
to the value as estimated by the Board of any coffee unlawfully sold by him.
**37.** **Unlicensed during establishment.—If** any curing establishment operates as such without a
licence, the owner shall be punishable with fine which may extend to five hundred rupees.
5[37A. Contravention of section 23 (1). —Any registered owner who fails to furnish the return
required by sub-section (1) of section 23 as required by that sub-section shall be punishable with fine
which may extend to one thousand rupees.]
**38. False returns.—Any** person who makes in any return to be furnished under section 23 or
in any report to be made under section 29 any statement which is false and which he knows to be
false or does not believe to be true shall be punishable with fine which may extend to one
thousand rupees.
1. Ins. by Act 34 of 1949, s. 2.
2. Added by Act 7 of 1943, s. 12.
3. Ins. by Act 2 of 1944, s. 3.
4. Certain words omitted by Act 48 of 1961, s. 11 (w.e.f. 19-4-1962).
5. Ins. by Act 7 of 1943, s. 13.
12
-----
1[38A. Contravention of section 25.—Any registered owner or licensed curer who fails to
deliver any coffee to the Board as required by or under sub-sections (1) and (2) of section 25
shall be punishable with fine which may extend to one thousand rupees, and the Court by which
such person is convicted may order the confiscation and delivery to the Board of any coffee in
respect of which the offence was committed.
**38B. Powers to seize coffee withheld from inclusion in surplus pool.—If the Board is satisfied**
that any coffee which is required under the provisions of section 25 to be delivered for inclusion in
the surplus pool is being or is likely to be disposed of otherwise than by such delivery, the Board
may order the seizure of such coffee, and may authorise an officer of the Board to effect seizure
thereof for delivery for inclusion in the surplus pool, and such authorisation shall be sufficient
warrant for such officer to take all steps necessary to secure possession of the coffee.]
**39. Obstruction.—Whoever** obstructs any member or officer of the Board or any person
authorised by the Board or by the Central Government in the discharge of any duty imposed on
or entrusted to him under this Act, or who having control over or custody of any records fails to
produce such records when required to do so or refuses information lawfully asked for by a
member or officer of the Board by a person authorised by the Board or by the Central Government to
inspect such records or ask for such information shall be punishable with fine which may extend to one
thousand rupees.
2[39A. Offences by companies.—(1) If the person committing any offence under this Act is a
company, every person who, at the time the offence was committed, was in charge of, and was
responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to
punishment provided in this Act if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section _(1)_ where an offence under this Act
has been committed by a company and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
_Explanation.—For the purposes of this section,—_
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
(b) “director” in relation to a firm means a partner in the firm.]
**40. Cognizance of offences.—(1)** No court other than the Court of [3][a Metropolitan Magis
trate or a Judicial Magistrate of the first class] shall take cognizance of any offence punishable
under this Act.
(2) No Court shall take cognizance of an offence punishable under section 35 except on
complaint made by an officer authorised in this behalf by the State Govern ment [4][or of the
offence specified in sub-section (2) of section 16 except on complaint made by an officer
authorised in this behalf either by the State Government or by the Board] or of an offence
punishable under any other section except on complaint made with the previous sanction of
the Central Government by an officer authorised in this behalf by the Board:
1. Ins. by Act 7 of 1943, s. 14.
2. Ins. by Act 50 of 1954, s. 19 (w.e.f. 1-8-1955).
3. Subs. by Act 23 of 1994, s. 13, for “a Magistrate of the first class” (w.e.f. 14-1-1994).
4. Ins. by Act 2 of 1944, s. 4.
13
-----
1[Provided that the Central Government may, by notification in the Official Gazette, direct that the
previous sanction of the Central Government shall not be necessary for complaints in such cases or
classes of cases as may be specified in the notification.]
_General_
**41. [Power of board to determine amount of coffee sold by an estate.]** _Rep. by the Coffee_
(Amendment Act, 1961 (48 of 1961), s. 12 (w.e.f. 19-4-1962).
**42. Control by the Central Government.— (1) All acts of the Board shall be subject to the control**
of the Central Government which may cancel, suspend or modify as it thinks fit any action taken by the
Board.
(2) The records of the Board shall be open to inspection at all reasonable times by any officer
authorised in this behalf by the Central Government.
**43. Appeals to the Central Government.—(1) Any person aggrieved by an order of the**
Board refusing a licence to or cancelling the licence of a curing establishment may, within
sixty days of the making of the order, appeal to the Central Government.
(2) Any person making an appeal under this section shall pay a fee of five rupees which
shall be credited to Central Revenues.
**44. Inspection of records.—** **[2]** [Any Person authorised in this behalf by the Central
Government or by the Board or any Member of the Board so authorised by the Chairman in
writing or any officer of the Board, may enter at all reasonable times] any estate or any
curing establishment [3][or any place where coffee is stored or exposed for sale,] and may
require the production for his inspection of any records kept therein, or ask for any
information relating to the production, storage or sale of coffee [4]***.
**45. Accounts of the Board.** — (1) The Board shall keep accounts in such manner as may
be prescribed of all money received and expended by it.
(2) The accounts shall be kept separately for the general fund and the pool fund.
(3) The Board shall cause the accounts to be audited annually by auditors appointed by
the Central Government, and the auditors shall have power to disallow any item of
expenditure which has, in their opinion, been incurred otherwise than in accordance with this
Act.
(4) The Central Government may on the application of the Board allow any item of
expenditure disallowed by the auditors under sub-section (3).
**46. Inspection of records of the Board and obtaining of copies.** — Any registered
owner [5]*** may, subject to the prescribed conditions, inspect the records maintained by the
Board and may on Payment of the prescribed fee obtain copies of any proceedings or orders
of the Board.
**47. Contracts. —** All Contracts for the sale of coffee in so far as they are at variance
with the provisions of this Act shall be void:
Provided that nothing contained in this section shall apply to contracts to which under
section 47 of the Coffee Market Expansion Ordinance, 1940 (13 of 1940), that Ordinance did
not apply.
1. Added by Act 7 of 1943, s. 15.
2. Subs. by Act 50 of 1954, s. 20, for certain words (w.e.f. 1-8-1955).
3. Ins. by Act 7 of 1943, s. 16.
4. The words “by the estate” omitted by s. 16, ibid.
5. The words “to whom an internal sale quota is allotted” omitted by Act 7 of 1943, s. 17.
14
-----
**1[47A. Bar of legal proceedings.—No suit, prosecution or other legal proceeding shall lie**
against the Board or any officer of the Board for or in respect of anything in good faith done or
intended to be done under this Act.]
**48. Power of the Central Government to make rules.—(1) The Central Government may, by**
notification in the Official Gazette, make rules to carry out the purposes of this Act.
2[(2) Without prejudice to the generality of the foregoing power, rules may be made providing for all
or any of the following matters : —
3[(i) the constitution of the Board, the number of persons to be appointed as members
from each of the categories specified in clause _(c)_ of sub-section _(2)_ of section 4, the term
of office and other conditions of service of, the procedure to be followed by, and the manner
of filling vacancies among, the members of the Board;
(ii) the circumstances in which, and the authority by which, members may be
removed;]
(iii) the procedure to be followed at meetings of the Board and at committees
thereof for the conduct of business and the number of members which shall form a
quorum at a meeting ;
(iv) the maintenance by the Board of records of business transacted by the Board and the
submission of copies thereof to the Central Government ;
(v) the holding of a minimum [-]number of meetings of the Board every year ;
(vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of
expenditure ;
(vii) the conditions subject to which the Board may incur expenditure outside India ;
(viii) the preparation of budget estimates of receipts and expenditure of the Board and the
authority by which the estimates are to be sanctioned ;
(ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such
accounts;
(x) the deposit of the funds of the Board in banks and the investment of such funds ;
(xi) the re-appropriation of the estimated savings from any budget head to any other budget head;
(xii) the conditions subject to which the Board may borrow funds ;
(xiii) the conditions subject to which and the manner in which contracts may be
entered into by or on behalf of the Board ;
(xiv) the delegation to the committee or Chairman or Vice-Chairman or members or
officers of the Board of any of the powers and duties of the Board under this Act ;
(xv) the staff which may be employed by the Board and the pay and allowances and
leave and other conditions of service of officers (other than those appointed by the Central
Government) and other employees of the Board ;
(xvi) the travelling and other allowances of members of the Board and of committees
thereof ;
(xvii) the maintenance of the registers and other records of the Board and its various
committees ;
(xviii) the manner in which the [4] [free sale quota] of coffee estates shall be
determined ;
(xix) the manner in which the Board shall exercise its powers of buying and selling
coffee ;
(xx) the appointment by the Board of agents ;
1. Ins. by Act 7 of 1943, s. 18.
2. Subs. by Act 50 of 1954, s. 21, for sub-section (2) (w.e.f. 1-8-1955).
3. Subs. by Act 48 of 1961, s. 13, for cls. (i) and (ii) (w.e.f. 19-4-1962).
4. Subs. by Act 23 of 1994, s. 14, for “internal sale quota” (w.e.f. 14-1-1994).
15
-----
(xxi) the conditions to be fulfilled by a curing establishment before a licence to operate as such
can be issued ;
(xxii) the form of, and the particulars to be contained in, any returns or reports to be made to the
Board under this Act ;
(xxiii) the form of, manner of application for, fees payable for, procedure in granting
and conditions governing, the licences and permits to be issued by the Board ;
(xxiv) the collection of any information or statistics in respect of coffee or any product of
coffee ;
(xxv) any other matter (other than any matter specified in section 15) which is to be or may be
prescribed under this Act.
1[(3) Every rule made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament,, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry
of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that the rule should
not be made, the rule shall thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
2[49. Repeal of Act 14 of 1935.—The Indian Coffee Cess Act, 1935 (14 of 1935), is hereby
repealed.]
**50. [Repeals and savings.] Rep. by the Repealing and Amending Act,** 1947 (2 of 1948), s. 2
_and Sch._
1. Subs. by Act 48 of 1985, s. 5, for sub-section (3) (w.e.f. 15-5-1986).
2. Subs. by Act 4 of 1947, s. 4, for s. 49.
16
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|
31-Mar-1943 | 09 | The Reciprocity Act, 1943 | https://www.indiacode.nic.in/bitstream/123456789/2413/1/A1943-09%20.pdf | central | # THE RECIPROCITY ACT, 1943
____________
ARRANGEMENT OF SECTIONS
___________
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Power of Central Government to impose reciprocal disabilities on persons domiciled in British
Possessions.
4. Burden of proof on person claiming exemption.
5. Direction imposing disabilities in respect of entry, travel and residence not to apply to armed
forces.
6. Power to make rules.
7. [Repealed.]
1
-----
# THE RECIPROCITY ACT, 1943
ACT NO. 9 OF 1943[1]
[31st _March, 1943.]_
# An Act to make provisions on a basis of reciprocity in regard to entry into, travel, residence, the
acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, or the carrying on of any occupation, trade, business or profession in
2*** India by, and the franchise in 2*** India of, persons domiciled in British Possessions.
**Preamble.—WHEREAS it is expedient to make provisions on a basis of reciprocity in regard to entry**
into, travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational
facilities, the holding of public office, or the carrying on of any occupation, trade, business or profession
in [2]*** India by, and the franchise in [2]*** India of, persons domiciled in British Possessions:
It is hereby enacted as follows : —
**1. Short title, extent and commencement.—(1) This Act may be called the Reciprocity Act, 1943.**
(2) it extends to the whole of India [3]***.
4[(3) It shall come into force on the 1st day of September, 1943.]
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context—**
5 [(a) “British Possession” means any part of His Majesty's dominions 6 *** and includes a
protectorate or other territory administered by a British Possession as a mandatory on behalf of the
League of Nations; and where parts of those dominions are under both a central and a local
legislature, the expression shall mean either each part under a local legislature or all parts under the
central legislature;]
(b) “entry” includes landing at any port in [7][India] during the stay in [7][India] of a ship or aircraft
on its way to a destination outside [7][India] :
8* - - -
1. The Act has been extended in its application to Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Sch.
2. The words “certain parts of” omitted by the Part B States (Laws) Act, 1951 (3 of 1951), s. 3 and the Sch.
3. The words “except Part B States” omitted by s. 3 and the Sch., ibid.
4. Subs. by Act 22 of 1943, s. 2, for the original sub-section (3).
5. Subs. by s. 3, ibid., for the original cl. (a).
6. The words “exclusive of India” omitted by the A.O. 1950.
7. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the States”.
8. Cl. (c) ins. by the A.O. 1950, omitted by s. 3 and the Sch. ibid.
2
-----
1[3. Power of Central Government to impose reciprocal disabilities on persons domiciled in
**British Possessions.—Where by the law or practice of any British Possession persons of Indian origin are**
subject in that British Possession to disabilities in respect of entry into, or travel, residence, the
acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public
office, the carrying on of any occupation, trade, business or profession, or the exercise of the franchise in,
that British Possession, to which in respect of the like matters in [2][India] persons domiciled in that British
British Possession are not subject in [2][India], the Central Government may, by notification in the Official
Gazette, direct that the same disabilities or disabilities as similar thereto as may be shall, notwithstanding
anything contained in any other law for the time being in force, be imposed in [2][India] on persons not
being of Indian origin who- are domiciled in that British Possession.]
**4. Burden of proof on person claiming exemption.—If any person alleged to be domiciled in any**
British Possession and to be subject to the provisions of this Act pleads that he is not so domiciled, or that
the provisions of this Act do not apply to him, the onus of proving the truth of such a plea shall be on him.
**3[5. Direction imposing disabilities in respect of entry, travel and residence not to apply to**
**armed forces.—Any direction made by the Central Government under section 3 imposing disabilities in**
respect of entry into or travel or residence in [2][India] upon persons domiciled in a British Possession shall
not, until the expiry of six months after the termination of the present hostilities, apply to any person
domiciled in that British Possession who is a member of its armed forces.]
4[6. Power to make rules. —(1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, rules made under this
section may provide —
(a) for the setting up of machinery to ascertain the disabilities in respect of any of the matters
specified in section 3 to which persons of Indian origin are subject in any British Possession;
(b) for the establishment of a suitable agency to administer the rules and for defining its functions
and powers;
(c) for specifying the disabilities that shall, when a direction has been made under section 3, be
imposed in [2][India] on persons not being of Indian origin who are domiciled in any British Possession
and for the imposition on them of the disabilities so specified;
(d) for the enforcement, by the prescription of a penalty by way of imprisonment or fine or both,
or any rule made under clause (c);
(e) for authorizing the arrest of any person contravening or reasonably suspected of contravening
any rule made under clause (c), and for prescribing the duties of public servants and others in regard
to such arrests.]
5[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that the rule should not be
1. Subs. by Act 22 of 1943, s. 4, for the original s. 3.
2. Subs. by Act 3 of 1951, s. 3 and the Sch. for “the States”
3. Subs. by Act 22 of 1943, s. 5, for the original s. 5.
4. Subs. by s. 6, ibid., for the original s. 6.
5. Ins. by Act 4 of 1986, s. 2 the Sch. (w.e.f. 15-5-1986).
3
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made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.]
**1[7. Repeal of Act 3 of 1924.—The Immigration into India Act, 1924, is hereby repealed.]**
1. Ins. by Act 22 of 1943, s. 7.
4
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|
24-Feb-1944 | 01 | The Central Excise Act, 1944 | https://www.indiacode.nic.in/bitstream/123456789/19238/1/a1944-01.pdf | central | THE CENTRAL EXCISE ACT, 1944
____________
ARRANGEMENT OF SECTION
_____________
CHAPTER I
# SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
2A. References of certain expressions.
CHAPTER II
LEVY AND COLLECTION OF DUTY
3. Duty specified in the Fourth Schedule to be levied.
3A. Power of Central Government to charge excise duty on the basis of capacity of production in respect
of notified goods.
3B. Emergency power of Central Government to increase duty of excise.
3C. Power of Central Government to amend Fourth Schedule.
4. Valuation of excisable goods for purposes of charging of duty of excise.
_Illustration_
4A. Valuation of excisable goods with reference to retail sale price.
5. Remission of duty on goods found deficient in quantity.
5A. Power to grant exemption from duty of excise.
5B. Non-reversal of CENVAT credit.
6. Registration of certain persons.
7. [Omitted.].
8. Restriction on possession of goods specified in the Second Schedule.
9. Offences and penalties.
9A. Certain offences to be non-cognizable.
9AA. Offences by companies.
9B. Power of Court to publish name, place of business, etc., of persons convicted under the Act.
9C. Presumption of culpable mental state.
9D. Relevancy of statements under certain circumstances.
9E. Application of Section 562 of the Code of Criminal Procedure, 1898, and of the Probation of
Offenders Act, 1958.
10. Power of Courts to order forfeiture.
11. Recovery of sums due to Government.
11A. Recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded.
11AA. Interest on delayed payment of duty.
11AC. Penalty for short-levy or non-levy of duty in certain cases.
11B. Claim for refund of duty and interest, if any, paid on such duty.
1
-----
# SECTIONS.
11BB. Interest on delayed refunds.
11C. Power not to recover duty of excise not levied or short-levied as a result of general practice.
11D. Duties of excise collected from the buyer to be deposited with the Central Government.
11DD. Interest on the amounts collected in excess of the duty.
11DDA. Provisional attachment to protect revenue in certain cases.
11E. Liability under Act to be first charge.
12. Application of the provisions of Act 52 of 1962 to Central Excise Duties.
CHAPTER II-A
INDICATING AMOUNT OF DUTY IN THE PRICE OF GOODS, ETC., FOR PURPOSE OF
REFUND AND CREDITING CERTAIN AMOUNTS TO THE FUND
12A. Price of goods to indicate the amount of duty paid thereon.
12B. Presumption that the incidence of duty has been passed on to the buyer.
12C. Consumer Welfare Fund.
12D. Utilisation of the Fund.
CHAPTER III
POWERS AND DUTIES OF OFFICERS AND LANDHOLDERS
12E. Powers of Central Excise Officers.
12F. Power of search and seizure.
13. Power to arrest.
14. Power to summon persons to give evidence and produce documents in inquiries under this Act.
14A. Special audit in certain cases.
14AA. Special audit in cases where credit of duty availed or utilised is not within the normal limits,
etc.
15. Officers required to assist Central Excise Officers.
15A. Obligation to furnish information return.
15B. Penalty for failure to furnish information return.
16. [Omitted.].
17. [Omitted.].
18. Searches and arrests how to be made.
19. Disposal of persons arrested.
20. Procedure to be followed by officer-in-charge of police station.
21. Inquiry how to be made by Central Excise Officers against arrested persons forwarded to them
under Section 19.
22. Vexatious search, seizure, etc., by Central Excise Officer.
23. Failure of Central Excise Officer in duty.
CHAPTER III-A
ADVANCE RULINGS
23A. Definitions.
23B. [Omitted.].
2
-----
# SECTIONS.
23C. Application for advance ruling.
23D. Procedure on receipt of application.
23E. Applicability of advance ruling.
23F. Advance ruling to be void in certain circumstances.
23G. Powers of Authority.
23H. Procedure of Authority.
23I. Transitional provision.
CHAPTER IV
TRANSPORT BY SEA
24. [Omitted.].
25. [Omitted.].
26. [Omitted.].
27. [Omitted.].
28. [Omitted.].
29. [Omitted.].
30. [Omitted.].
CHAPTER V
SETTLEMENT OF CASES
31. Definitions.
32. Customs and Central Excise Settlement Commission.
32A. Jurisdiction and powers of Settlement Commission.
32B. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances.
32C. Power of Chairman to transfer cases from one Bench to another.
32D. Decision to be by majority.
32E. Application for settlement of cases.
32F. Procedure on receipt of an application under Section 32-E.
32G. Power of Settlement Commission to order provisional attachment to protect revenue.
32H. Power of Settlement Commission to reopen completed proceedings.
32I. Powers and procedure of Settlement Commission.
32J. Inspection, etc., of reports.
32K. Power of Settlement Commission to grant immunity from prosecution and penalty.
32L. Power of Settlement Commission to send a case back to the Central Excise Officer.
32M. Order of settlement to be conclusive.
32N. Recovery of sums due under order of settlement.
32O. Bar on subsequent application for settlement in certain cases
32P. Proceedings before Settlement Commission to be judicial proceedings.
32PA. [Omitted.].
3
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# SECTIONS.
CHAPTER VI
ADJUDICATION OF CONFISCATIONS AND PENALTIES
33. Power of adjudication.
33A. Adjudication procedure.
34. Option to pay fine in lieu of confiscation.
34A. Confiscation or penalty not to interfere with other punishments.
CHAPTER VIA
APPEALS
35. Appeals to Commissioner (Appeals).
35A. Procedure in appeal.
35B. Appeals to the Appellate Tribunal.
35C. Orders of Appellate Tribunal.
35D. Procedure of Appellate Tribunal.
35E. Powers of Committee of Principal Chief Commissioner of Central Excise or Chief Commissioners
of Central Excise or Principal Commissioner of Central Excise or Commissioners of Central Excise
to pass certain orders.
35EA. Powers of revision of Board or Principal Commissioner of Central Excise or Commissioner of
Central Excise in certain cases.
35EE. Revision by Central Government.
35F. Deposit of certain percentage of duty demanded or penalty imposed before filing appeal.
35FF. Interest on delayed refund of amount deposited under Section 35-F.
35G. [Omitted.].
[35H. [Omitted.].](https://www.scconline.com/Members/BrowseResult.aspx#FS035H)
35I. [Omitted.].
35J. [Omitted.].
35K. Decision of High Court or Supreme Court on the case stated.
35L. Appeal to Supreme Court.
35M. Hearing before Supreme Court.
35N. Sums due to be paid notwithstanding reference, etc.
35O. Exclusion of time taken for copy.
35P. Transfer of certain pending proceedings and transitional provisions.
35Q. Appearance by authorised representative.
35R. Appeal not to be filed in certain cases.
36. Definitions.
CHAPTER VI-B
PRESUMPTION AS TO DOCUMENTS
36A. Presumption as to documents in certain cases.
36B. Admissibility of microfilms, facsimile copies of documents and computer printouts as documents
and as evidence.
4
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# SECTIONS.
# CHAPTER VII
SUPPLEMENTAL PROVISIONS
37. Power of Central Government to make rules.
37A. Delegation of powers.
37B. Instructions to Central Excise Officers.
37C. Service of decisions, orders, summons, etc.
37D. Rounding off of duty, etc.
37E. Publication of information respecting persons in certain cases.
38. Publication of rules and notifications and laying of rules before Parliament.
38A. Effect of amendments, etc. of rules, notifications or orders.
38B. Savings of references to Chapter, Heading, Sub-heading and tariff item in Central Excise Tariff
Act, 1985.
39. Repeal of enactments.
40. Protection of action taken under the Act.
THE FIRST SCHEDULE
THE SECOND SCHEDULE
THE THIRD SCHEDULE
THE FOURTH SCHEDULE
———
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*THE CENTRAL EXCISE ACT, 1944[1]
ACT NO. 1 OF 1944
[24th February, 1944.]
An Act to consolidate and amend the law relating to central duties of excise [2][* * *]
Whereas it is expedient to consolidate and amend the law relating to central duties of excise on goods
manufactured or produced in [3][ [4][certain parts] of India] [5][* * *];
It is hereby enacted as follows:—
CHAPTER I
**1. Short title, extent and commencement.— [6][(1) This Act may be called the Central Excise Act,**
**1944.]**
(2) It extends to the whole of India [7][* * *].
(3) It shall come into force on such date[8] as the Central Government may, by notification in the Official
Gazette, appoint in this behalf.
**2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—**
9[(a) “adjudicating authority” means any authority competent to pass any order or decision under
this Act, but does not include the Central Board of Excise and Customs constituted under the Central
Boards of Revenue Act, 1963 (54 of 1963) [10][Commissioner of Central Excise (Appeals) or Appellate
Tribunal;]
1. See Gazette of India, 1943, Pt. V, p. 243 for Statement of Objects and Reason sand see Gazette of India, 1944, Pt. V. p. 12 for Report of the
Select Committee.
This Act has been applied to—
(1) all the partially excluded areas in the State of Orissa by Orissa Government Notification No. 1226-II-C-13/44-Com., dated 21st March,
1944;
(2) Darjeeling District with effect from 28th February, 1944, see Bengal Government Notification No. 342-R, dated 22nd March, 1944;
(3) excluded areas in the State of Madras (with modifications), see Madras Government Notification No. 37, Fort St. George Gazette, Pt. I, p.
281, dated 11th April, 1944;
(4) partially excluded areas in the State of Madras with effect from 28th February, 1944, see Madras Government Notification No. 745-Public
Political, dated 4th March, 1944.
This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, section 3 and Schedule; to Dadra and Nagar Haveli by Reg. 6 of
1963, section 2 and Schedule I and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, section 3 and Schedule.
2. The words “and to Salt” omitted by Act 33 of 1996, s. 69 (w.e.f. 28-9-1996).
3. Subs. by the A.O. 1948, for “British India”.
4. Subs. by the A.O. 1950, for “the Provinces”.
5. The words “and to Salt” omitted by Act 33 of 1996, s. 70 (w.e.f. 28-9-1996).
6. Subs. by ibid, s. 71, for sub-section (1), (w.e.f. 28-9-1996).
7. The words “except the State of Jammu and Kashmir” omitted by Act 41 of 1954, s. 2 and Sch, (w.e.f. 8-10-1954).
8. 28th February, 1944, see Notification No. III-D, dated 26th February, 1944, Gazette of India, Extra., 1994, p. 293.
9. Ins. by Act 44 of 1980, s. 50 and Sch. V, Part II-1 (w.e.f. 11-10-1982).
10. Subs. by Act 22 of 1995, s. 70, for “Collector of Central Excise (Appeals)”.
- The Central Excise Act, 1944 (except as respects goods included in entry 84 of the Union list of the Seventh Schedule to the (Constitution)
repealed by the Central Goods and Services Tax Act, 2017 (12 of 2017), sec. 174, (w.e.f. 1-7-2017).
6
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(aa) “Appellate Tribunal” means the Customs, Excise and [1][Service Tax] Appellate Tribunal
constituted under Section 129 of the Customs Act, 1962 (52 of 1962);]
2[(aaa)] “broker” or “commission agent” means a person who in the ordinary course of business
makes contracts for the sale or purchase of excisable goods for others;
3[(b) “Central Excise Officer” means the 4[Principal Chief Commissioner of Central Excise, Chief
Commissioner of Central Excise, Principal Commissioner of Central Excise], Commissioner of Central
Excise (Appeals), Additional Commissioner of Central Excise, [5][Joint Commissioner of Central
Excise,] [6][Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise] or
any other officer of the Central Excise Department, or any person (including an officer of the State
Government) invested by the Central Board of Excise and Customs constituted under the Central
Boards of Revenue Act, 1963 (54 of 1963) with any of the powers of a Central Excise Officer under
this Act;]
(c) “curing” includes wilting, drying, fermenting and any process for rendering an unmanufactured
product fit for marketing or manufacture;
(d) “excisable goods” means goods specified in [7][the Fourth Schedule] as being subject to a duty
of excise[8] and includes salt;
9[Explanation.— For the purposes of this clause, “goods” includes any article, material or substance
which is capable of being bought and sold for a consideration and such goods shall be deemed to be
marketable.]
(e) “factory” means any premises, including the precincts thereof, wherein or in any part of which
excisable goods [10][* * *] are manufactured, or wherein or in any part of which any manufacturing
process connected with the production of these goods is being carried on or is ordinarily carried on;
11[(ee) “Fund” means the Consumer Welfare Fund established under Section 12C;]
[12][(f) “manufacture” includes any process—
1. Subs. by Act 32 of 2003, s. 135, for “Gold (control)” (w.e.f. 14-05-2003).
2. Clause (a) re-lettered by Act 44 of 1980, s. 50 and Sch. V, Part II (w.e.f. 11-10-1982).
3. Subs. by Act 22 of 1995, s. 71, for “clause b” (w.e.f. 26-5-1995).
4. Subs. by Act 25 of 2014, s. 96, for “Chief Commissioner of Central Excise” (w.e.f. 6-8-2014).
5. Ins. by Act 27 of 1999, s. 120(i) (w.e.f. 11-5-1999).
6. Subs. by ibid, s. 119, for Assistant Commissioner of Central Excise.
7. Subs. by Act 18 of 2017, s. 5(a), for “the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (5 of
1986)”.
8. References to the expressions “duty”, “duties,” “duty of excise” and “duties of excise” shall, save as otherwise expressly provided
in this Act and unless the context otherwise requires, be construed to include a reference to the special duty of excise specified
in the Second Schedule to the Central Excise Tariff Act, 1985.
9. Ins. by Act 18 of 2008, s. 78, (w.e.f. 10-5-2008).
10. The word “other than salt” omitted by Act 18 of 2017, s. 5(b).
11. Ins. by Act 40 of 1991, s. 2 (w.e.f. 20-2-1991). Earlier cl. (ee), ins. by Act 25 of 1950, s. 11 and Sch. IV, omitted by Act 41 of
1954, s. 2 and Sch (w.e.f. 8-10-1954).
12. Subs. by Act 5 of 1986, s. 4, for Sub-clause (f) (w.e.f. 28-2-1986).
7
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(i) incidental or ancillary to the completion of a manufactured product;
(ii) which is specified in relation to any goods in the Section or Chapter Notes of [1][the Fourth
Schedule] as amounting to [2][manufacture ;or],
3[(iii) which, in relation to the goods specified in the Third Schedule, involves packing or
repacking of such goods in a unit container or labelling or re-labelling of containers including the
declaration or alteration of retail sale price on it or adoption of any other treatment on the goods to
render the product marketable to the consumer;]
and the word “manufacture” shall be construed accordingly and shall include not only a person
who employs hired labour in the production or manufacture of excisable goods, but also any person
who engages in their production or manufacture on his own account;]
4[(ff) “National Tax Tribunal” means the National Tax Tribunal established under Section 3 of the
National Tax Tribunal Act, 2005 (49 of 2005);]
(g) “prescribed” means prescribed by rules made under this Act;
(h) “sale” and “purchase”, with their grammatical variations and cognate expressions, mean any
transfer of the possession of goods by one person to another in the ordinary course of trade or business
for cash or deferred payment or other valuable consideration;
(i) [5][* * *]
(j) [6][* * *]
(jj) [7][* * *]
(k) “wholesale dealer” means a person who buys or sells excisable goods wholesale for the purpose
of trade or manufacture, and includes a broker or commission agent, who, in addition to making
contracts for the sale or purchase of excisable goods for others, stocks such goods belonging to others
as an agent for the purpose of sale.
8[2A. References of certain expressions.— In this Act, save as otherwise expressly provided and
unless the context otherwise requires, references to the expressions “duty”, “duties”, “duty of excise” and
“duties of excise” shall be construed to include a reference to “Central Value Added Tax (CENVAT)”.]
1. Subs. by Act 18 of 2017, s. 5(c), for “the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986)”.
2. Subs. by Act 20 of 2002, s. 132(i), for “manufacture” (w.e.f. 11-5-2002).
3. Subs. by Act 32 of 2003, s. 135, for sub-clause (iii). (w.e.f. 14-5-2003).
4. Ins. by Act 49 of 2005, s. 30 and Sch. (Pt. VII-1) (w.e.f. 28-12-2005).
5. Clause (i) omitted by Act 33 of 1996, s. 72, (w.e.f. 28-9-1996).
6. Clause (j) omitted by ibid, s. 72, (w.e.f. 28-9-1996).
7. Clause (jj), omitted by Act 25 of 1950, s. 11 and Sch. IV. Earlier clause (jj) was inserted by the A.O. 1950.
8. Ins. by Act 10 of 2000, s. 91 (w.e.f. 12-5-2000).
8
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CHAPTER II
LEVY AND COLLECTION OF DUTY
1[3. Duty specified in the Fourth Schedule to be levied.— (1) There shall be levied and collected in
such manner as may be prescribed a duty of excise to be called the Central Value Added Tax (CENVAT)
on all excisable goods (excluding goods produced or manufactured in special economic zones) which are
produced or manufactured in India as, and at the rates, set forth in the Fourth Schedule:
Provided that the duty of excise which shall be levied and collected on any excisable goods which
are produced or manufactured by a hundred per cent export oriented undertaking and brought to any
other place in India, shall be an amount equal to the aggregate of the duties of customs which would be
leviable under the Customs Act, 1962 (52 of 1962) or any other law for the time being in force, on like
goods produced or manufactured outside India if imported into India, and where the said duties of
customs are chargeable by reference to their value, the value of such excisable goods shall,
notwithstanding anything contained in any other provision of this Act, be determined in accordance
with the provisions of the Customs Act, 1962 and the Customs Tariff Act, 1975 (51 of 1975).
_Explanation 1.— Where in respect of any such like goods, any duty of customs leviable for the time_
being in force is leviable at different rates, then, such duty shall, for the purposes of this proviso, be deemed
to be leviable at the highest of those rates.
_Explanation 2.— For the purposes of this sub-section,—_
(i) “hundred per cent export-oriented undertaking” means an undertaking which has been approved
as a hundred per cent export-oriented undertaking by the board appointed in this behalf by the Central
Government in exercise of the powers conferred by Section 14 of the Industries (Development and
Regulation) Act, 1951 (65 of 1951), and the rules made under that Act;
(ii) “Special Economic Zone” shall have the meaning assigned to it in clause (za) of Section 2 of
the Special Economic Zones Act, 2005 (28 of 2005).
(2) The provisions of sub-section (1) shall apply in respect of all excisable goods which are produced
or manufactured in India by or on behalf of the Government, as they apply in respect of goods which are
not produced or manufactured by the Government.
(3) The Central Government may, by notification in the Official Gazette, fix, for the purposes of levying
the said duty, tariff values of any articles enumerated, either specifically or under general headings, in the
Fourth Schedule as chargeable with duty ad valorem and may alter any tariff values for the time being in
force.
1. Subs. by Act 18 of 2017, s. 6, for section 3.
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(4) The Central Government may fix different tariff values—
(a) for different classes or descriptions of the same excisable goods; or
(b) for excisable goods of the same class or description—
(i) produced or manufactured by different classes of producers or manufacturers; or
(ii) sold to different classes of buyers:
Provided that in fixing different tariff values in respect of excisable goods falling under
sub-clause (i) or sub-clause (ii), regard shall be had to the sale prices charged by the different classes
of producers or manufacturers or, as the case may be, the normal practice of the wholesale trade in such
goods.]
1[3A. Power of Central Government to charge excise duty on the basis of capacity of production
**in respect of notified goods.— (1) Notwithstanding anything contained in Section 3, where the Central**
Government, having regard to the nature of the process of manufacture or production of excisable goods of
any specified description, the extent of evasion of duty in regard to such goods or such other factors as may
be relevant, is of the opinion that it is necessary to safeguard the interest of revenue, specify, by notification
in the Official Gazette, such goods as notified goods and there shall be levied and collected duty of excise
on such goods in accordance with the provisions of this section.
(2) Where a notification is issued under sub-section (1), the Central Government may, by rules,—
(a) provide the manner for determination of the annual capacity of production of the factory, in
which such goods are produced, by an officer not below the rank of Assistant [2][Principal Commissioner
of Central Excise or Commissioner of Central Excise] and such annual capacity shall be deemed to be
the annual production of such goods by such factory; or
(b)(i) specify the factor relevant to the production of such goods and the quantity that is deemed to
be produced by use of a unit of such factor; and
(ii) provide for the determination of the annual capacity of production of the factory in which such
goods are produced on the basis of such factor by an officer not below the rank of Assistant [2][Principal
Commissioner of Central Excise or Commissioner of Central Excise] and such annual capacity of
production shall be deemed to be the annual production of such goods by such factory:
Provided that where a factory producing notified goods is in operation during a part of the year
only, the annual production thereof shall be calculated on proportionate basis of the annual capacity of
production:
1. Ins. by Act 18 of 2008, s. 79. (w.e.f. 10-5-2008) Prior s. 3A was omitted by Act 14 of 2001, s. 121.
2. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
10
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Provided further that in a case where the factor relevant to the production is altered or modified at
any time during the year, the annual production shall be re-determined on a proportionate basis having
regard to such alteration or modification.
(3) The duty of excise on notified goods shall be levied, at such rate, on the unit of production or, as
the case may be, on such factor relevant to the production, as the Central Government may, by notification
in the Official Gazette, specify, and collected in such manner as may be prescribed:
Provided that where a factory producing notified goods did not produce the notified goods during any
continuous period of fifteen days or more, the duty calculated on a proportionate basis shall be abated in
respect of such period if the manufacturer of such goods fulfils such conditions as may be prescribed.
(4) The provisions of this section shall not apply to goods produced or manufactured, by a hundred per
cent export-oriented undertaking and brought to any other place in India.
_Explanation 1.— For the removal of doubts, it is hereby clarified that for the purposes of Section 3 of_
the Customs Tariff Act, 1975 (51 of 1975), the duty of excise leviable on the notified goods shall be deemed
to be the duty of excise leviable on such goods under the [1][Fourth Schedule], read with any notification for
the time being in force.
_Explanation 2.— For the purposes of this section, the expression “hundred per cent export-oriented_
undertaking” shall have the meaning assigned to it in Section 3.
2[Explanation 3.— For the purposes of sub-sections (2) and (3), the word “factor” includes “factors”.]]
3[3B. Emergency power of Central Government to increase duty of excise.— (1) Where, in respect
of any goods, the Central Government is satisfied that the duty leviable thereon under Section 3 should be
increased and that circumstances exist which render it necessary to take immediate action, the Central
Government may, by notification in the Official Gazette, amend the Fourth Schedule to substitute the rate
of duty specified therein in respect of such goods in the following manner, namely—
(a) in a case where the rate of duty as specified in the Fourth Schedule as in force immediately
before the issue of such notification is nil, a rate of duty not exceeding fifty per cent _ad valorem_
expressed in any form or method;
(b) in any other case, a rate of duty which shall not be more than twice the rate of duty specified in
respect of such goods in the Fourth Schedule as in force immediately before the issue of the said
notification:
Provided that the Central Government shall not issue any notification under this sub-section
for substituting the rate of duty in respect of any goods as specified by an earlier notification issued
1. Subs. by Act 18 of 2017, s. 7, for “First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986)”.
2. Ins. by Act 20 of 2015, s. 92.
3. Ins. by Act 18 of 2017, s. 8.
11
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under this sub-section by that Government before such earlier notification has been approved with
or without modifications under sub-section (2).
_Explanation.— For the purposes of this sub-section, the term “form or method”, in relation to a rate of_
duty of excise, means the basis, including valuation, weight, number, length, area, volume or any other
measure, on which the duty may be levied.
(2) Every notification under sub-section (1) shall be laid before each House of Parliament, if it is in
session, as soon as may be after the issue of the notification, and, if it is not in session, within seven days
of its reassembly, and the Central Government shall seek the approval of Parliament to the notification by
a resolution moved within a period of fifteen days beginning with the day on which the notification is so
laid before the House of the People and if Parliament makes any modification in the notification or directs
that the notification should cease to have effect, the notification shall thereafter have effect only in such
modified form or be of no effect, as the case may be, but without prejudice to the validity of anything
previously done thereunder.
(3) Any notification issued under sub-section (1), including a notification approved or modified under
sub-section (2), may be rescinded by the Central Government at any time by issuing notification in the
Official Gazette.]
1[3C. Power of Central Government to amend Fourth Schedule.—(1) Where the Central
Government is satisfied that it is necessary so to do in the public interest, it may, by notification in the
Official Gazette, amend the Fourth Schedule:
Provided that such amendment shall not alter or affect in any manner the rates specified in the
Fourth Schedule at which the duties of excise shall be leviable on the goods specified therein.]
2[4. Valuation of excisable goods for purposes of charging of duty of excise.— (1) Where under this
Act, the duty of excise is chargeable on any excisable goods with reference to their value, then, on each
removal of the goods, such value shall—
(a) in a case where the goods are sold by the assessee, for delivery at the time and place of the
removal, the assessee and the buyer of the goods are not related and the price is the sole consideration
for the sale, be the transaction value;
(b) in any other case, including the case where the goods are not sold, be the value determined in
such manner as may be prescribed.
1. Ins. by Act 18 of 2017, s. 8.
2. Subs. by Act 10 of 2000, s. 94 (w.e.f. 1-7-2000).
12
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1[Explanation.— For the removal of doubts, it is hereby declared that the price-cum-duty of the
excisable goods sold by the assessee shall be the price actually paid to him for the goods sold and the money
value of the additional consideration, if any, flowing directly or indirectly from the buyer to the assessee in
connection with the sale of such goods, and such price-cum-duty, excluding sales tax and other taxes, if
any, actually paid, shall be deemed to include the duty payable on such goods.]
(2) The provisions of this section shall not apply in respect of any excisable goods for which a tariff
value has been fixed under sub-section (2) of Section 3.
(3) For the purposes of this section,—
(a) “assessee” means the person who is liable to pay the duty of excise under this Act and includes
his agent;
(b) persons shall be deemed to be “related” if—
(i) they are inter-connected undertakings;
(ii) they are relatives;
(iii) amongst them the buyer is a relative and a distributor of the assessee, or a sub-distributor
of such distributor; or
(iv) they are so associated that they have interest, directly or indirectly, in the business of each
other.
_Explanation.—In this clause—_
2[(i) “inter-connected undertakings” means two or more undertakings which are inter-connected
with each other in any of the following manners, namely—
(A) if one owns or controls the other;
(B) where the undertakings are owned by firms, if such firms have one or more common partners;
(C) where the undertakings are owned by bodies corporate,—
(I) if one body corporate manages the other body corporate; or
(II) if one body corporate is a subsidiary of the other body corporate; or
(III) if the bodies corporate are under the same management; or
(IV) if one body corporate exercises control over the other body corporate in any other
manner;
1. Ins. by Act 32 of 2003, s. 136, (w.e.f. 14-5-2003).
2. Subs. by Act 23 of 2012, s. 133, for “(i)”.
13
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(D) where one undertaking is owned by a body corporate and the other is owned by a firm, if one
or more partners of the firm,—
(I) hold, directly or indirectly, not less than fifty per cent of the shares, whether preference or
equity, of the body corporate; or
(II) exercise control, directly or indirectly, whether as director or otherwise, over the body
corporate;
(E) if one is owned by a body corporate and the other is owned by a firm having bodies corporate
as its partners, if such bodies corporate are under the same management;
(F) if the undertakings are owned or controlled by the same person or by the same group;
(G) if one is connected with the other either directly or through any number of undertakings which
are inter-connected undertakings within the meaning of one or more of the foregoing sub-clauses.
_Explanation I.— For the purposes of this clause, two bodies corporate shall be deemed to be under_
the same management—
(i) if one such body corporate exercises control over the other or both are under the control of the
same group or any of the constituents of the same group; or
(ii) if the Managing Director or manager of one such body corporate is the Managing Director or
manager of the other; or
(iii) if one such body corporate holds not less than one-fourth of the equity shares in the other or
controls the composition of not less than one-fourth of the total membership of the Board of Directors
of the other; or
(iv) if one or more directors of one such body corporate constitute, or at any time within a period
of six months immediately preceding the day when the question arises as to whether such bodies
corporate are under the same management, constituted (whether independently or together with
relatives of such directors or employees of the first mentioned body corporate) one-fourth of the
directors of the other; or
(v) if the same individual or individuals belonging to a group, while holding (whether by themselves
or together with their relatives) not less than one-fourth of the equity shares in one such body corporate
also hold (whether by themselves or together with their relatives) not less than one-fourth of the equity
shares in the other; or
(vi) if the same body corporate or bodies corporate belonging to a group, holding, whether
independently or along with its or their subsidiary or subsidiaries, not less than one-fourth of the equity
shares in one body corporate, also hold not less than one-fourth of the equity shares in the other; or
14
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(vii) if not less than one-fourth of the total voting power in relation to each of the two bodies
corporate is exercised or controlled by the same individual (whether independently or together with his
relatives) or the same body corporate (whether independently or together with its subsidiaries); or
(viii) if not less than one-fourth of the total voting power in relation to each of the two bodies
corporate is exercised or controlled by the same individuals belonging to a group or by the same bodies
corporate belonging to a group, or jointly by such individual or individuals and one or more of such
bodies corporate; or
(ix) if the directors of one such body corporate are accustomed to act in accordance with the
directions or instructions of one or more of the directors of the other, or if the directors of both the
bodies corporate are accustomed to act in accordance with the directions or instructions of an individual,
whether belonging to a group or not.
_Explanation II.— If a group exercises control over a body corporate, that body corporate and every_
other body corporate, which is a constituent of, or controlled by, the group shall be deemed to be under
the same management.
_Explanation III.— If two or more bodies corporate under the same management hold, in the_
aggregate, not less than one-fourth equity share capital in any other body corporate, such other body
corporate shall be deemed to be under the same management as the first mentioned bodies corporate.
_Explanation IV.— In determining whether or not two or more bodies corporate are under the same_
management, the shares held by financial institutions in such bodies corporate shall not be taken into
account.
_Illustration_
Undertaking B is inter-connected with undertaking A and undertaking C is inter-connected with
undertaking B. Undertaking C is inter-connected with undertaking A; if undertaking D is inter-connected
with undertaking C, undertaking D will be inter-connected with undertaking B and consequently with
undertaking A; and so on.
_Explanation V.— For the purposes of this clause, “group” means a group of—_
(i) two or more individuals, associations of individuals, firms, trusts, trustees or bodies corporate
(excluding financial institutions), or any combination thereof, which exercises, or is established to be
in a position to exercise, control, directly or indirectly, over any body corporate, firm or trust; or
(ii) “associated persons”.
_Explanation VI.— For the purposes of this clause,—_
(I) a group of persons who are able, directly or indirectly, to control the policy of a body corporate,
firm or trust, without having a controlling interest in that body corporate, firm or trust, shall also be
deemed to be in a position to exercise control over it;
15
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(II) associated persons—
(a) in relation to a director of a body corporate, means—
(i) a relative of such director, and includes a firm in which such director or his relative is a
partner;
(ii) any trust of which any such director or his relative is a trustee;
(iii) any company of which such director, whether independently or together with his
relatives, constitutes one-fourth of its Board of Directors;
(iv) any other body corporate, at any general meeting of which not less than one-fourth of
the total number of directors of such other body corporate are appointed or controlled by the
director of the first mentioned body corporate or his relative, whether acting singly or jointly;
(b) in relation to the partner of a firm, means a relative of such partner and includes
any other partner of such firm; and
(c) in relation to the trustee of a trust, means any other trustee of such trust;
(III) where any person is an associated person in relation to another, the letter shall also be
deemed to be an associated person in relation to the former;]
(b) “relative” shall have the meaning assigned to it in clause (41) of Section 2 of the
Companies Act, 1956 (1 of 1956);
(c) “place of removal” means—
(i) a factory or any other place or premises of production or manufacture of the
excisable goods;
(ii) a warehouse or any other place or premises wherein the excisable goods have been
permitted to be deposited without [1][payment of duty;]
2[(iii) a depot, premises of a consignment agent or any other place or premises from
where the excisable goods are to be sold after their clearance from the factory,]
from where such goods are removed;
2[(cc) “time of removal”, in respect of the excisable goods removed from the place of
removal referred to in sub-clause (iii) of clause (c), shall be deemed to be the time at which
such goods are cleared from the factory;]
(d) “transaction value” means the price actually paid or payable for the goods, when sold,
and includes in addition to the amount charged as price, any amount that the buyer is liable to
1. Subs. by Act 32 of 2003, s. 136, for “payment of duty,”.
2. Ins. by, ibid, s. 136.
16
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pay to, or on behalf of, the assessee, by reason of, or in connection with the sale, whether
payable at the time of the sale or at any other time, including, but not limited to, any amount
charged for, or to make provision for, advertising or publicity, marketing and selling
organization expenses, storage, outward handling, servicing, warranty, commission or any
other matter; but does not include the amount of duty of excise, sales tax and other taxes, if
any, actually paid or actually payable on such goods.]
1[4A. Valuation of excisable goods with reference to retail sale price.— (1) The Central Government
may, by notification in the Official Gazette, specify any goods, in relation to which it is required, under the
provisions of the [2][Legal Metrology Act, 2009 (1 of 2010)] or the rules made thereunder or under any other
law for the time being in force, to declare on the package thereof the retail sale price of such goods, to
which the provisions of sub-section (2) shall apply.
(2) Where the goods specified under sub-section (1) are excisable goods and are chargeable to duty of
excise with reference to value, then, notwithstanding anything contained in Section 4, such value shall be
deemed to be the retail sale price declared on such goods less such amount of abatement, if any, from such
retail sale price as the Central Government may allow by notification in the Official Gazette.
(3) The Central Government may, for the purpose of allowing any abatement under sub-section (2),
take into account the amount of duty of excise, sales tax and other taxes, if any, payable on such goods.
3[(4) Where any goods specified under sub-section (1) are excisable goods and the manufacturer—
(a) removes such goods from the place of manufacture, without declaring the retail sale price of
such goods on the packages or declares a retail sale price which is not the retail sale price as required
to be declared under the provisions of the Act, rules or other law as referred to in
sub-section (1); or
(b) tampers with, obliterates or alters the retail sale price declared on the package of such goods
after their removal from the place of manufacture,
then, such goods shall be liable to confiscation and the retail sale price of such goods shall be
ascertained in the prescribed manner and such price shall be deemed to be the retail sale price for the
purposes of this section.
4[Explanation 1.—For the purposes of this section, “retail sale price” means the maximum price at
which the excisable goods in packaged form may be sold to the ultimate consumer and includes all taxes
local or otherwise, freight, transport charges, commission payable to dealers, and all charges towards
1. Ins. by Act 26 of 1997, s. 82.
2. Subs. by Act 8 of 2011, s. 62 (w.e.f. 1-8-2011).
3. Subs. by Act 32 of 2003, s. 137, for sub-section (4).
4. Subs. by Act 21 of 1998, s. 105.
17
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advertisement, delivery, packing, forwarding and the like, as the case may be, and the price is the sole
consideration for such sale:
Provided that in case the provisions of the Act, rules or other law as referred to in sub-section (1)
require to declare on the package, the retail sale price excluding any taxes, local or otherwise, the retail
sale price shall be construed accordingly.
_Explanation 2.— For the purposes of this section,—_
(a) where on the package of any excisable goods more than one retail sale price is declared, the
maximum of such retail sale price shall be deemed to be the retail sale price;
(b) where the retail sale price, declared on packages of any excisable goods at the time of its
clearance from the place of manufacture, is altered to increase the retail sale price, such altered retail
sale price shall be deemed to be the retail sale price;
(c) where different retail sale prices are declared on different packages for the sale of any excisable
goods in packaged form in different areas, each such retail sale price shall be the retail sale price for
the purposes of valuation of the excisable goods intended to be sold in the area to which the retail sale
price relates.]
1[5. Remission of duty on goods found deficient in quantity.— (1) The Central Government may, by
rules made under this section, provide for remission of duty of excise leviable on any excisable goods which
due to any natural cause are found to be deficient in quantity.
(2) Any rules made under sub-section (1) may, having regard to the nature of the excisable goods or of
processing or of curing thereof, the period of their storage or transit and other relevant considerations, fix
the limit or limits of percentage beyond which no such remission shall be allowed:
Provided that different limit or limits of percentage may be fixed for different varieties of the same
excisable goods or for different areas or for different seasons.]
2[5A. Power to grant exemption from duty of excise.—(1) If the Central Government is satisfied that
it is necessary in the public interest so to do, it may, by notification in the Official Gazette, exempt generally
either absolutely or subject to such conditions (to be fulfilled before or after removal) as may be specified
in the notification, excisable goods of any specified description from the whole or any part of the duty of
excise leviable thereon:
Provided that, unless specifically provided in such notification, no exemption therein shall apply to
excisable goods which are produced or manufactured—
1. Ins. by Act 25 of 1978, s. 20 (w.e.f. 1-7-1978). The original section was omitted by Act 41 of 1954, s. 2 and Sch.
2. Ins. by Act 29 of 1988, s. 9 (w.e.f. 1-7-1988).
18
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(i) in a [1][free trade zone [2][* * *]] and brought to any other place in India; or
(ii) by a hundred per cent export-oriented undertaking and [3][brought to any other place in India].
_Explanation.—In this proviso,_ [1][“free trade zone” [4][* * *] and “hundred per cent export-oriented
undertaking” shall have the same meanings as in Explanation 2 to sub-section (1) of Section 3.
5[(1A) For the removal of doubts, it is hereby declared that where an exemption under sub-section (1)
in respect of any excisable goods from the whole of the duty of excise leviable thereon has been granted
absolutely, the manufacturer of such excisable goods shall not pay the duty of excise on such goods.]
6[(2) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by
special order in each case, exempt from the payment of duty of excise, under circumstances of an
exceptional nature to be stated in such order, any excisable goods on which duty of excise is leviable.]
7[(2A) The Central Government may, if it considers it necessary or expedient so to do for the purpose
of clarifying the scope or applicability of any notification issued under sub-section (1) or order issued under
sub-section (2), insert an explanation in such notification or order, as the case may be, by notification in the
Official Gazette at any time within one year of issue of the notification under sub-section (1) or order under
sub-section (2), and every such explanation shall have effect as if it had always been the part of the first
notification or order, as the case may be.]
(3) An exemption under sub-section (1) or sub-section (2) in respect of any excisable goods from any
part of the duty of excise leviable thereon (the duty of excise leviable thereon being hereinafter referred to
as the statutory duty) may be granted by providing for the levy of a duty on such goods at a rate expressed
in a form or method different from the form or method in which the statutory duty is leviable and any
exemption granted in relation to any excisable goods in the manner provided in this sub-section shall have
effect subject to the condition that the duty of excise chargeable on such goods shall in no case exceed the
statutory duty.
_Explanation.— “Form or method”, in relation to a rate of duty of excise means the basis, namely,_
valuation, weight, number, length, area, volume or other measure with reference to which the duty is
leviable.
(4) Every notification issued under sub-rule (1), and every order made under sub-rule (2), of Rule 8 of
the Central Excise Rules, 1944, and in force immediately before the commencement of the Customs and
1. Subs. by Act 14 of 2001, s. 122, for “free trade zone”.
2. The words “or a special economic zone” omitted by Act 20 of 2002, s. 134 (w.e.f. a date to be notified).
3. Subs. by Act 14 of 2001, s. 122, for “allowed to be sold in India”.
4. The words “, special economic zone” omitted by Act 20 of 2002, s. 134 (w.e.f. a date to be notified).
5. Ins. by Act 18 of 2005, s. 75.
6. Subs. by Act 32 of 2003, s. 138, for “sub-section (2)”.
7. Ins. by Act 20 of 2002, s. 134.
19
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Central Excises Laws (Amendment) Act, 1988 shall be deemed to have been issued or made under the
provisions of this section and shall continue to have the same force and effect after such commencement
until it is amended, varied, rescinded or superseded under the provisions of this section.]
1[(5) Every notification issued under sub-section (1) or sub-section (2-A) shall, unless otherwise
provided, come into force on the date of its issue by the Central Government for publication in the Official
Gazette.]
(6) [2][* * *]]
3[5B. Non-reversal of CENVAT credit.— Where an assessee has paid duty of excise on a final product
and has been allowed credit of the duty or tax or cess paid on inputs, capital goods and input services used
in making of the said product, but subsequently the process of making the said product is held by the court
as not chargeable to excise duty, the Central Government may, by notification, order for non-reversal of
such credit allowed to the assessee subject to such conditions as may be specified in the said notification:
Provided that the order for non-reversal of credit shall not apply where an assessee has preferred a
claim for refund of excise duty paid by him:
Provided further that the Central Government may also specify in the notification referred to above
for non-reversal of credit, if any, taken by the buyer of the said product.]
4[6. Registration of certain persons.— Any prescribed person who is engaged in—
(a) the production or manufacture or any process of production or manufacture of any specified
goods included in the [5][First Schedule and the Second Schedule] to the Central Excise Tariff Act, 1985
(5 of 1986), or
(b) the wholesale purchase or sale (whether on his own account or as a broker or commission agent)
or the storage of any specified goods included in the [5][First Schedule and the Second Schedule] to the
Central Excise Tariff Act, 1985 (5 of 1986),
shall get himself registered with the proper officer in such manner as may be prescribed.]
**[7. [Form and Conditions of licence.]— Omitted by the Finance Act, 1992 (Act 18 of 1992), s. 113.](https://www.scconline.com/Members/BrowseResult.aspx#BS007)**
**8. Restriction on possession of goods specified in the Second Schedule.— From such date as may**
be specified in this behalf by the Central Government by notification in the Official Gazette, no person
1. Subs. by Act 28 of 2016, S. 142(i), for clause (5).
2. Clause (6) Omitted by Act 28 of 2016, s. 142(ii).
3. Ins. by Act 22 of 2007, s. 116.
4. Subs. by Act 18 of 1992, s. 113(i), for section 6, (w.e.f. 14-5-1992).
5. Subs. by Act 27 of 1999, s. 119, for “the schedule” (w.e.f. 11-5-1999).
20
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shall, except as provided by rules made under this Act, have in his possession [1][any goods specified in the
Second Schedule] in excess of such quantity as may be prescribed for the purposes of this section as the
maximum amount of such goods or of any variety of such goods which may be possessed at any one time
by such a person.
**[9. Offences and penalties.—[2][(1)] Whoever commits any of the following offences, namely:— [3][(a)](https://www.scconline.com/Members/BrowseResult.aspx#BS009)**
contravenes any of the provisions of Section 8 or of a rule made under clause (iii) or clause (xxvii) of
sub-section (2) of Section 37;]
(b) evades the payment of any duty payable under this Act;
4[(bb) removes any excisable goods in contravention of any of the provisions of this Act or any
rules made thereunder or in any way concerns himself with such removal;
(bbb) acquires possession of, or in any way concerns himself in transporting, depositing, keeping,
concealing, selling or purchasing, or in any other manner deals with any excisable goods which he
knows or has reason to believe are liable to confiscation under this Act or any rule made thereunder;]
5[(bbbb) contravenes any of the provisions of this Act or the rules made thereunder in relation to
credit of any duty allowed to be utilised towards payment of excise duty on final products;]
(c) fails to supply any information which he is required by rules made under this Act to supply, or
(unless with a reasonable belief, the burden of proving which shall be upon him, that the information
supplied by him is true) supplies false information;
(d) attempts to commit, or abets the commission of, any of the offences mentioned in clauses (a)
and (b) of this section;
6[shall be punishable,—
(i) in the case of an offence relating to any excisable goods, the duty leviable thereon under this
Act exceeds [7][fifty lakh] of rupees, with imprisonment for a term which may extend to seven years and
with fine:
Provided that in the absence of special and adequate reasons to the contrary to be recorded in the
judgment of the Court such imprisonment shall not be for a term of less than six months;
1. Subs. by Act 18 of 1956, s. 9, for “any excisable goods specified in this behalf in Part B of the Second Sch.” (w.e.f. 27-4
1956).
2. S. 9 renumbered as sub-section (1) of that section by Act 36 of 1973, s. 20 (w.e.f. 1-9-1973).
3. Subs. by Act 18 of 1992, s. 113, for “clause (a)” (w.e.f. 14-5-1992).
4. Ins. by Act 36 of 1973, s. 20(i)(a) (w.e.f. 1-9-1973).
5. Ins. by Act 21 of 1998, s. 107 (w.e.f. 1-8-1998).
6. Subs. by Act 36 of 1973, s. 20(i)(b) for certain words.
7. Subs. by Act 17 of 2013, s. 88, for “thirty lakh”.
21
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(ii) in any other case, with imprisonment for a term which may extend to three years or with fine
or with both.]
1[(2) If any person convicted of an offence under this section is again convicted of an offence under
this section, then, he shall be punishable for the second and for every subsequent offence with imprisonment
for a term which may extend to seven years and with fine:
Provided that in the absence of special and adequate reasons to the contrary to be recorded in the
judgment of the Court such imprisonment shall not be for a term of less than six months.
(3) For the purposes of sub-sections (1) and (2), the following shall not be considered as special and
adequate reasons for awarding a sentence of imprisonment for a term of less than six months, namely:—
(i) the fact that the accused has been convicted for the first time for an offence under this Act;
(ii) the fact that in any proceeding under this Act, other than a prosecution, the accused has been
ordered to pay a penalty or the goods in relation to such proceedings have been ordered to be confiscated
or any other action has been taken against him for the same act which constitutes the offence;
(iii) the fact that the accused was not the principal offender and was acting merely as a carrier of
goods or otherwise was a secondary party in the commission of the offence;
(iv) the age of the accused.]
[2[9A. Certain offences to be non-cognizable.— 3[(1) Notwithstanding anything contained in the Code](https://www.scconline.com/Members/BrowseResult.aspx#BS009A)
of Criminal Procedure, 1973 (2 of 1974), offences under Section 9, except the offences referred to in sub
section (1A), shall be non-cognizable within the meaning of that Code.
(1A) The offences relating to excisable goods where the duty leviable thereon under this Act exceeds
fifty lakh rupees and punishable under clause (b) or clause (bbbb) of sub-section (1) of Section 9, shall be
cognizable and non-bailable.]
4[(2) Any offence under this chapter may, either before or after the institution of prosecution, be
compounded by the [5][Principal Chief Commissioner of Central Excise or Chief Commissioner of Central
Excise] on payment, by the person accused of the offence to the Central Government, of [6][such
compounding amount and in such manner of compounding] as may be prescribed:]
7[Provided that nothing contained in this sub-section shall apply to—
1. Ins. by Act 36 of 1973, s. 20(ii).
2. Ins. by ibid, s. 21.
3. Subs. by Act 17 of 2013, s. 89, for (1)
4. Ins. by Act 23 of 2004, s. 79.
5. Subs. by Act 25 of 2014, s. 95, for “Chief Commissioner of Central Excise”.
6. Subs. by Act 33 of 2009, s. 104(i) for “such compounding amount”.
7. Ins. by ibid, s. 104(ii).
22
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(a) a person who has been allowed to compound once in respect of any of the offences under the
provisions of clause (a), (b), (bb), (bbb), (bbbb) or (c) of sub-section (1) of Section 9;
(b) a person who has been accused of committing an offence under this Act which is also an offence
under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(c) a person who has been allowed to compound once in respect of any offence under this chapter
for goods of value exceeding rupees one crore;
(d) a person who has been convicted by the court under this Act on or after the 30th day of
December, 2005.]
1[9AA. Offences by companies.— (1) Where an offence under this Act has been committed by a
company, every person who, at the time the offence was committed was in charge of, and was responsible
to, the company for the conduct of the business of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence was committed without his knowledge
or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished accordingly.
_Explanation.—For the purposes of this section,—_
(a) “company” means anybody corporate and includes a firm or other association of individuals;
and
(b) “director” in relation to a firm means a partner in the firm.]
2[9B. Power of Court to publish name, place of business, etc., of persons convicted under the
**Act.— (1) Where any person is convicted under this Act for contravention of any of the provisions thereof,**
it shall be competent for the Court convicting the person to cause the name and place of business or
residence of such person, nature of the contravention, the fact that the person has been so convicted and
such other particulars as the Court may consider to be appropriate in the circumstances of the case, to be
published at the expense of such person, in such newspapers or in such manner as the Court may direct.
1. Ins. by Act 79 of 1985, s. 2 (w.e.f. 27-12-1985).
2. Ins. by Act 36 of 1973, s. 21.
23
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(2) No publication under sub-section (1) shall be made until the period for preferring an appeal against
the orders of the Court has expired without any appeal having been preferred, or such an appeal, having
been preferred, has been disposed of.
(3) The expenses of any publication under sub-section (1) shall be recoverable from the convicted
person as if it were a fine imposed by the Court.]
1[9C. Presumption of culpable mental state.— (1) In any prosecution for an offence under this Act
which requires a culpable mental state on the part of the accused, the Court shall presume the existence of
such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state
with respect to the act charged as an offence in that prosecution.
_Explanation.— In this section, “culpable mental state” includes intention, motive, knowledge of a fact,_
and belief in, or reason to believe, a fact.
(2) For the purposes of this section, a fact is said to be proved only when the Court believes it to exist
beyond reasonable doubt and not merely when its existence is established by a preponderance of
probability.]
1[9D. Relevancy of statements under certain circumstances.— (1) A statement made and signed by
a person before any Central Excise Officer of a gazetted rank during the course of any inquiry or proceeding
under this Act shall be relevant, for the purpose of proving, in any prosecution for an offence under this
Act, the truth of the facts which it contains,—
(a) when the person who made the statement is dead or cannot be found, or is incapable of giving
evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without
an amount of delay or expense which, under the circumstances of the case, the Court considers
unreasonable; or
(b) when the person who made the statement is examined as a witness in the case before the Court
and the Court is of opinion that, having regard to the circumstances of the case, the statement should
be admitted in evidence in the interests of justice.
(2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceeding under
this Act, other than a proceeding before a Court, as they apply in relation to a proceeding before a Court.]
[1][9E. Application of Section 562 of the Code of Criminal Procedure, 1898, and of the Probation
**of Offenders Act, 1958.— (1) Nothing contained in Section 562 of the Code of Criminal Procedure, 1898**
1. Ins. by Act 36 of 1973, s. 21.
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(5 of 1898)[1], or in the Probation of Offenders Act, 1958 (20 of 1958), shall apply to a person convicted
of an offence under this Act unless that person is under eighteen years of age.
(2) The provisions of sub-section (1) shall have effect notwithstanding anything contained in
sub-section (3) of Section 9.]
**10. Power of Courts to order forfeiture.— Any Court trying an offence under this Chapter may order**
the forfeiture to [2][Government] of any goods in respect of which the Court is satisfied that an offence under
this Chapter has been committed, and may also order the forfeiture of any receptacles, packages or
coverings in which such goods are contained and the animals, vehicles, vessels or other conveyances used
in carrying the goods, and any implements or machinery used in the manufacture of the goods.
**11. Recovery of sums due to Government.— [3][(1)] In respect of duty and any other sums of any kind**
payable to the Central Government under any of the provisions of this Act or of the rules made
thereunder [4][including the amount required to be paid to the credit of the Central Government under Section
11-D], the officer empowered by the [5][Central Board of Excise and Customs constituted under the Central
Boards of Revenue Act, 1963 (54 of 1963)] to levy such duty or require the payment of such sums [6][may
deduct or require any other Central Excise Officer or a proper officer referred to in Section 142 of the
Customs Act, 1962 (52 of 1962) to deduct the amount so payable from any money owing to the person
from whom such sums may be recoverable or due which may be in his hands or under his disposal or control
or may be in the hands or under disposal or control of such other officer, or may recover the amount] by
attachment and sale of excisable goods belonging to such person; and if the amount payable is not so
recovered he may prepare a certificate signed by him specifying the amount due from the person liable to
pay the same and send it to the Collector of the district in which such person resides or conducts his business
and the said Collector, on receipt of such certificate, shall proceed to recover from the said person the
amount specified therein as if it were an arrear of land revenue:
7[(2)(i) The Central Excise Officer may, by a notice in writing, require any other person from whom
money is due to such person, or may become due to such person, or who holds or may subsequently
hold money for or on account of such person, to pay to the credit of the Central Government either
forthwith upon the money becoming due or being held, or at or within the time specified in the notice,
1. Now the relevant provisions of the CRPC, 1973 (2 of 1974).
2. Subs. by the A.O. 1950.
3. Renumbered sub-section (1) by Act 17 of 2013, s. 90.
4. Ins. by Act 10 of 2000, s. 96.
5. Subs. by Act 54 of 1963, s. 5 for “Central Board of Revenue” (w.e.f. 1-1-1964), here and throughout the Act.
6. Subs. by Act 17 of 2013, s. 90(a) for “may deduct the amount so payable from any money owing to the person from whom
such sums may be recoverable or due which may be in his hands or under his disposal or control, or may recover the amount”
by Act 17 of 2013, s. 90(a).
7. Ins. by Act 17 of 2013, s. 90(b).
25
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not being before the money becomes due or is held, so much of the money as is sufficient to pay the
amount due from such person or the whole of the money when it is equal to or less than that amount;
(ii) every person to whom a notice is issued under this sub-section shall be bound to comply with
such notice, and in particular, where any such notice is issued to a post office, banking company or an
insurer, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document
for the purpose of any entry, endorsement or the like being made before payment is made,
notwithstanding any rule, practice or requirement to the contrary;
(iii) in a case where the person to whom a notice under this sub-section has been issued, fails to
make the payment in pursuance thereof to the Central Government, he shall be deemed to be a person
from whom duty and any other sums of any kind payable to the Central Government under any of the
provisions of this Act or the rules made thereunder have become due, in respect of the amount specified
in the notice and all the consequences under this Act shall follow.]
1[Provided that where the person (hereinafter referred to as predecessor) from whom the duty or
any other sums of any kind, as specified in this section, is recoverable or due, transfers or otherwise
disposes of his business or trade in whole or in part, or effects any change in the ownership thereof, in
consequence of which he is succeeded in such business or trade by any other person, all excisable
goods, materials, preparations, plants, machineries, vessels, utensils, implements and articles in the
custody or possession of the person so succeeding may also be attached and sold by such officer
empowered by the Central Board of Excise and Customs, after obtaining written approval from
the [2][Principal Commissioner of Central Excise or Commissioner of Central Excise], for the purposes
of recovering such duty or other sums recoverable or due from such predecessor at the time of such
transfer or otherwise disposal or change.]
[3[11A. Recovery of duties not levied or not paid or short-levied or short-paid or erroneously](https://www.scconline.com/Members/BrowseResult.aspx#BS011A)
**[refunded.— (1) Where any duty of excise has not been levied or paid or has been short-levied or short-](https://www.scconline.com/Members/BrowseResult.aspx#BS011A)**
paid or erroneously refunded, for any reason, other than the reason of fraud or collusion or any wilful
misstatement or suppression of facts or contravention of any of the provisions of this Act or of the rules
made thereunder with intent to evade payment of duty,—
(a) the Central Excise Officer shall, within [4][two years] from the relevant date, serve notice on the
person chargeable with the duty which has not been so levied or paid or which has been so short-levied
or short-paid or to whom the refund has erroneously been made, requiring him to show cause why he
should not pay the amount specified in the notice;
1. Ins. by Act 23 of 2004, s. 80.
2. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
3. Subs. by Act 8 of 2011, s. 63.
4. Subs. by Act 28 of 2016, s. 143, for “one year”.
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(b) the person chargeable with duty may, before service of notice under clause (a), pay on the basis
of,—
(i) his own ascertainment of such duty; or
(ii) the duty ascertained by the Central Excise Officer,
the amount of duty along with interest payable thereon under Section 11-AA.
(2) The person who has paid the duty under clause (b) of sub-section (1), shall inform the Central Excise
Officer of such payment in writing, who, on receipt of such information, shall not serve any notice under
clause (a) of that sub-section in respect of the duty so paid or any penalty leviable under the provisions of
this Act or the rules made thereunder.
(3) Where the Central Excise Officer is of the opinion that the amount paid under clause (b) of
sub-section (1) falls short of the amount actually payable, then, he shall proceed to issue the notice as
provided for in clause (a) of that sub-section in respect of such amount which falls short of the amount
actually payable in the manner specified under that sub-section and the period of [1][two years] shall be
computed from the date of receipt of information under sub-section (2).
(4) Where any duty of excise has not been levied or paid or has been short-levied or short-paid or
erroneously refunded, by the reason of—
(a) fraud; or
(b) collusion; or
(c) any wilful misstatement; or
(d) suppression of facts; or
(e) contravention of any of the provisions of this Act or of the rules made thereunder with intent to
evade payment of duty,
by any person chargeable with the duty, the Central Excise Officer shall, within five years from the
relevant date, serve notice on such person requiring him to show cause why he should not pay the amount
specified in the notice along with interest payable thereon under Section 11-AA and a penalty equivalent
to the duty specified in the notice.
(5) [2][* * *]
(6) [3][* * *]
1. Subs. by Act 28 of 2016, s. 143, for “one year”.
2. Sub-section (5) omitted by Act 20 of 2015, s. 93(i).
3. Sub-section (6) omitted by ibid, s. 93(i).
27
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(7) [1][* * *]
2[(7A) Notwithstanding anything contained in sub-section (1) or sub-section (3) or sub-section (4) 3[*
- *], the Central Excise Officer may, serve, subsequent to any notice or notices served under any of those
sub-sections, as the case may be, a statement, containing the details of duty of central excise not levied or
paid or short-levied or short-paid or erroneously refunded for the subsequent period, on the person
chargeable to duty of central excise, then, service of such statement shall be deemed to be service of notice
on such person under the aforesaid sub-section (1) or sub-section (3) or sub-section (4) [3][* * *], subject to
the condition that the grounds relied upon for the subsequent period are the same as are mentioned in the
earlier notice or notices.]
4[(8) Where the service of notice is stayed by an order of a court or tribunal, the period of such stay
shall be excluded in computing the period of [5][two years] referred to in clause (a) of sub-section (1) or five
years referred to in sub-section (4) [3][* * *], as the case may be.]
(9) Where any appellate authority or tribunal or court concludes that the notice issued under
sub-section (4) is not sustainable for the reason that the charges of fraud or collusion or any wilful
misstatement or suppression of facts or contravention of any of the provisions of this Act or of the rules
made thereunder with intent to evade payment of duty has not been established against the person to whom
the notice was issued, the Central Excise Officer shall determine the duty of excise payable by such person
for the period of [5][two years], deeming as if the notice were issued under clause (a) of sub-section (1).
(10) The Central Excise Officer shall, after allowing the concerned person an opportunity of being
heard, and after considering the representation, if any, made by such person, determine the amount of duty
of excise due from such person not being in excess of the amount specified in the notice.
(11) The Central Excise Officer shall determine the amount of duty of excise under sub-section (10)—
(a) within six months from the date of notice where it is possible to do so, in respect of cases falling
under sub-section (1);
(b) within [5][two years] from the date of notice, where it is possible to do so, in respect of cases
falling under sub-section (4) [3][* * *].
(12) Where the appellate authority or tribunal or court modifies the amount of duty of excise determined
by the Central Excise Officer under sub-section (10), then the amount of penalties and interest under this
section shall stand modified accordingly, taking into account the amount of duty of excise so modified.
1. Sub-section (7) omitted by Act 20 of 2015, s. 93(i).
2. Ins. by Act 17 of 2013, s. 91.
3. The words “or sub-section (5)” omitted by Act 20 of 2015, s. 93(ii).
4. Subs. by Act 23 of 2012, s. 135(b), for sub-section 8.
5. Subs. by Act 28 of 2016, s. 143, for “one year”.
28
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(13) Where the amount as modified by the appellate authority or tribunal or court is more than the
amount determined under sub-section (10) by the Central Excise Officer, the time within which the interest
or penalty is payable under this Act shall be counted from the date of the order of the appellate authority or
tribunal or court in respect of such increased amount.
(14) Where an order determining the duty of excise is passed by the Central Excise Officer under this
section, the person liable to pay the said duty of excise shall pay the amount so determined along with the
interest due on such amount whether or not the amount of interest is specified separately.
(15) The provisions of sub-sections (1) to (14) shall apply, mutatis mutandis, to the recovery of interest
where interest payable has not been paid or part paid or erroneously refunded.
_Explanation 1.— For the purposes of this section and Section 11-AC,—_
(a) “refund” includes rebate of duty of excise on excisable goods exported out of India or on
excisable materials used in the manufacture of goods which are exported out of India;
(b) “relevant date” means,—
(i) in the case of excisable goods on which duty of excise has not been levied or paid or has
been short-levied or short-paid, and no periodical return as required by the provisions of this Act
has been filed, the last date on which such return is required to be filed under this Act and the rules
made thereunder;
(ii) in the case of excisable goods on which duty of excise has not been levied or paid or has
been short-levied or short-paid and the return has been filed [1][* * *], the date on which such return
has been filed;
(iii) in any other case, the date on which duty of excise is required to be paid under this Act or
the rules made thereunder;
(iv) in a case where duty of excise is provisionally assessed under this Act or the rules made
thereunder, the date of adjustment of duty after the final assessment thereof;
(v) in the case of excisable goods on which duty of excise has been erroneously refunded, the
date of such refund;
2[(vi) in the case where only interest is to be recovered, the date of payment of duty to which
such interest relates.]
(c) [3][* * *]
1. The words “on due date” omitted by Act 20 of 2015, s. 93(iii)(A).
2. Ins. by ibid, s. 93(iii)(B).
3. Clause (c) omitted by ibid, s. 93(iii)(C).
29
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1[Explanation 2.— For the removal of doubts, it is hereby declared that any non-levy, short-levy,
non-payment, short-payment or erroneous refund where no show cause notice has been issued before the
date on which the Finance Bill, 2015 receives the assent of the President, shall be governed by the provisions
of Section 11A as amended by the Finance Act, 2015.]
2[(16) The provisions of this section shall not apply to a case where the liability of duty not paid or
short-paid is self-assessed and declared as duty payable by the assessee in the periodic returns filed by him,
and in such case, recovery of non-payment or short-payment of duty shall be made in such manner as may
be prescribed.]]
3[11AA. Interest on delayed payment of duty.— (1) Notwithstanding anything contained in any
judgment, decree, order or direction of the Appellate Tribunal or any court or in any other provision of this
Act or the rules made thereunder, the person, who is liable to pay duty, shall, in addition to the duty, be
liable to pay interest at the rate specified in sub-section (2), whether such payment is made voluntarily or
after determination of the amount of duty under Section 11A.
(2) Interest, at such rate not below ten per cent, and not exceeding thirty-six per cent per annum, as the
Central Government may, by notification in the Official Gazette, fix, shall be paid in terms of
Section 11A after the due date by the person liable to pay duty and such interest shall be calculated from
the date on which such duty becomes due up to the date of actual payment of the amount due.
(3) Notwithstanding anything contained in sub-section (1), no interest shall be payable where,—
(a) the duty becomes payable consequent to the issue of an order, instruction or direction by the
Board under Section 37-B; and
(b) such amount of duty is voluntarily paid in full, within forty-five days from the date of issue of
such order, instruction or direction, without reserving any right to appeal against the said payment at
any subsequent stage of such payment.]
4[11AC. Penalty for short-levy or non-levy of duty in certain cases.— (1) The amount of penalty
for non-levy or short-levy or non-payment or short-payment or erroneous refund shall be as follows—
(a) where any duty of excise has not been levied or paid or has been short-levied or short-paid or
erroneously refunded, for any reason other than the reason of fraud or collusion or any wilful
mis-statement or suppression of facts or contravention of any of the provisions of this Act or of the
rules made thereunder with intent to evade payment of duty, the person who is liable to pay duty as
1. Subs. by Act 20 of 2015, s. 93(iv).
2. Ins. by ibid, s. 93(iv).
3. Subs. by Act 8 of 2011, s. 64, for Section 11-AA and 11-AB.
4. Subs. by Act 20 of 2015, s. 94, for “11-AC”.
30
-----
determined under sub-section (10) of Section 11-A shall also be liable to pay a penalty not exceeding
ten per cent of the duty so determined or Rupees Five thousand, whichever is higher:
Provided that where such duty and interest payable under Section 11-AA is paid either before
the issue of show cause notice or within thirty days of issue of show cause notice, no penalty shall
be payable by the person liable to pay duty or the person who has paid the duty and all proceedings
in respect of said duty and interest shall be deemed to be concluded;
(b) where any duty as determined under sub-section (10) of Section 11A and the interest payable
thereon under Section 11AA in respect of transactions referred to in clause (a) is paid within thirty days
of the date of communication of the order of the Central Excise Officer who has determined such duty,
the amount of penalty liable to be paid by such person shall be twenty-five per cent of the penalty
imposed, subject to the condition that such reduced penalty is also paid within the period so specified;
(c) where any duty of excise has not been levied or paid or has been short-levied or short-paid or
erroneously refunded, by reason of fraud or collusion or any wilful misstatement or suppression of
facts, or contravention of any of the provisions of this Act or of the rules made thereunder with intent
to evade payment of duty, the person who is liable to pay duty as determined under sub-section (10) of
Section 11A shall also be liable to pay a penalty equal to the duty so determined:
Provided that in respect of the cases where the details relating to such transactions are recorded
in the specified record for the period beginning with the 8th April, 2011 up to the date on which
the Finance Bill, 2015 receives the assent of the President (both days inclusive), the penalty shall
be fifty per cent of the duty so determined;
(d) where any duty demanded in a show cause notice and the interest payable thereon under
Section 11AA, issued in respect of transactions referred to in clause (c), is paid within thirty days of
the communication of show cause notice, the amount of penalty liable to be paid by such person shall
be fifteen per cent. of the duty demanded, subject to the condition that such reduced penalty is also paid
within the period so specified and all proceedings in respect of the said duty, interest and penalty shall
be deemed to be concluded;
(e) where any duty as determined under sub-section (10) of Section 11A and the interest payable
thereon under Section 11AA in respect of transactions referred to in clause (c) is paid within thirty days
of the date of communication of the order of the Central Excise Officer who has determined such duty,
the amount of penalty liable to be paid by such person shall be twenty-five per cent of the duty so
determined, subject to the condition that such reduced penalty is also paid within the period so specified.
(2) Where the appellate authority or tribunal or court modifies the amount of duty of excise determined
by the Central Excise Officer under sub-section (10) of Section 11A, then, the amount of penalty payable
under clause (c) of sub-section (1) and the interest payable under Section 11AA shall stand modified
accordingly and after taking into account the amount of duty of excise so modified, the person who is liable
31
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to pay duty as determined under sub-section (10) of Section 11A shall also be liable to pay such amount of
penalty and interest so modified.
(3) Where the amount of duty or penalty is increased by the appellate authority or tribunal or court over
the amount determined under sub-section (10) of Section 11A by the Central Excise Officer, the time within
which the interest and the reduced penalty is payable under clause (b) or clause (e) of sub-section (1) in
relation to such increased amount of duty shall be counted from the date of the order of the appellate
authority or tribunal or court.
_Explanation 1.— For the removal of doubts, it is hereby declared that—_
(i) any case of non-levy, short-levy, non-payment, short-payment or erroneous refund where no
show cause notice has been issued before the date on which the Finance Bill, 2015 receives the assent
of the President shall be governed by the provisions of Section 11AC as amended by the Finance Act,
2015;
(ii) any case of non-levy, short-levy, non-payment, short-payment or erroneous refund where show
cause notice has been issued but an order determining duty under sub-section (10) of Section 11-A has
not been passed before the date on which the Finance Bill, 2015 receives the assent of the President,
shall be eligible to closure of proceedings on payment of duty and interest under the proviso to
clause (a) of sub-section (1) or on payment of duty, interest and penalty under clause (d) of
sub-section (1), subject to the condition that the payment of duty, interest and penalty, as the case may
be, is made within thirty days from the date on which the Finance Bill, 2015 receives the assent of the
President;
(iii) any case of non-levy, short-levy, non-payment, short-payment or erroneous refund where an
order determining duty under sub-section (10) of Section 11-A is passed after the date on which the
Finance Bill, 2015 receives the assent of the President shall be eligible to payment of reduced penalty
under clause (b) or clause (e) of sub-section (1), subject to the condition that the payment of duty,
interest and penalty is made within thirty days of the communication of the order.
_Explanation 2.— For the purposes of this section, the expression “specified records” means records_
maintained by the person chargeable with the duty in accordance with any law for the time being in force
and includes computerised records.]
1[11B. Claim for refund of [2[duty and interest, if any, paid on such duty].— (1) Any person](https://www.scconline.com/Members/BrowseResult.aspx#BS011B1)
claiming refund of any [3][duty of excise and interest, if any, paid on such duty] may make an application for
refund of such [2][duty and interest, if any, paid on such duty] to the Assistant [4][Principal Commissioner of
1. Ins. by Act 25 of 1978, s. 21, (w.e.f. 1-8-1978).
2. Subs. by Act 18 of 2008, s. 80(i)(b), for “duty” (w.e.f. 10-5-2008).
3. Subs. by ibid, s. 80(i)(a), for “duty of excise”.
4. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
32
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Central Excise or Commissioner of Central Excise] [1][or Deputy [2][Principal Commissioner of Central
Excise or Commissioner of Central Excise]] before the expiry of [3][two years] [4][from the relevant date] [5][in
such form [6][and manner]] as may be prescribed and the application shall be accompanied by such
documentary or other evidence (including the documents referred to in Section 12-A) as the applicant may
furnish to establish that the amount of [7][duty of excise and interest, if any, paid on such duty] in relation to
which such refund is claimed was collected from, or paid by, him and the incidence of such [8][duty and
interest, if any, paid on such duty] had not been passed on by him to any other person:
Provided that where an application for refund has been made before the commencement of the
Central Excises and Customs Laws (Amendment) Act, 1991, such application shall be deemed to have
been made under this sub-section as amended by the said Act and the same shall be dealt with in
accordance with the provisions of sub-section (2) as substituted by that Act:]
9[Provided further that] the limitation of 3[two years] shall not apply where any 8[duty and interest,
if any, paid on such duty] has been paid under protest.
10[* * *]
11[(2) If, on receipt of any such application, the Assistant 2[Principal Commissioner of Central Excise
or Commissioner of Central Excise] [1][or Deputy [2][Principal Commissioner of Central Excise or
Commissioner of Central Excise]] is satisfied that the whole or any part of the [7][duty of excise and interest,
if any, paid on such duty] paid by the applicant is refundable, he may make an order accordingly and the
amount so determined shall be credited to the Fund:
Provided that the amount of [7][duty of excise and interest, if any, paid on such duty] as determined
by the Assistant [2][Principal Commissioner of Central Excise or Commissioner of Central Excise]
1[or Deputy 2[Principal Commissioner of Central Excise or Commissioner of Central Excise]] under
the foregoing provisions of this sub-section shall, instead of being credited to the Fund, be paid to the
applicant, if such amount is relatable to—
(a) rebate of duty of excise on excisable goods exported out of India or on excisable materials used
in the manufacture of goods which are exported out of India;
1. Ins. by Act 27 of 1999, s. 119.
2. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
3. Subs. by Act 28 of 2016, s. 143, for “one year”.
4. Subs. by Act 44 of 1980, s. 49, for “from the date of payment of duty”.
5. Ins. by Act 40 of 1991, s. 3(b) (w.e.f. 20-9-1991).
6. Ins. by Act 22 of 1995, s. 74.
7. Subs. by Act 18 of 2008, s. 80(i)(a), for “duty of excise”.
8. Subs. by ibid, s. 80(i)(b), for “duty”.
9. Ins. by Act 40 of 1991, s. 3 (w.e.f. 20-9-1991).
10. Explanation to sub-section (1) omitted by Act 44 of 1980, s. 49.
11. Subs. by Act 40 of 1991, s. 3 (w.e.f. 20-9-1991).
33
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(b) unspent advance deposits lying in balance in the applicant's account current maintained with
the [1][Principal Commissioner of Central Excise or Commissioner of Central Excise];
(c) refund of credit of duty paid on excisable goods used as inputs in accordance with the rules
made, or any notification issued, under this Act;
(d) the [2][duty of excise and interest, if any paid on such duty] paid by the manufacturer, if he had
not passed on the incidence of such [3][duty and interest, if any, paid on such duty] to any other person;
(e) the [2][duty of excise and interest, if any paid on such duty] borne by the buyer, if he had not
passed on the incidence of such [3][duty and interest, if any, paid on such duty] to any other person;
(f) the [2][duty of excise and interest, if any paid on such duty] borne by any other such class of
applicants as the Central Government may, by notification in the Official Gazette, specify:
Provided further that no notification under clause (f) of the first proviso shall be issued unless
in the opinion of the Central Government the incidence of [3][duty and interest, if any, paid on such
duty] has not been passed on by the persons concerned to any other person.
(3) Notwithstanding anything to the contrary contained in any judgment, decree, order or direction of
the Appellate Tribunal or any Court or in any other provision of this Act or the rules made thereunder or
any other law for the time being in force, no refund shall be made except as provided in sub-section (2).
(4) Every notification under clause (f) of the first proviso to sub-section (2) shall be laid before each
House of Parliament, if it is sitting, as soon as may be after the issue of the notification, and, if it is not
sitting, within seven days of its reassembly, and the Central Government shall seek the approval of
Parliament to the notification by a resolution moved within a period of fifteen days beginning with the day
on which the notification is so laid before the House of the People and if Parliament makes any modification
in the notification or directs that the notification should cease to have effect, the notification shall thereafter
have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the
validity of anything previously done thereunder.
(5) For the removal of doubts, it is hereby declared that any notification issued under clause (f) of the
first proviso to sub-section (2), including any such notification approved or modified under sub-section (4),
may be rescinded by the Central Government at any time by notification in the Official Gazette.]
4[Explanation.— For the purposes of this section,—
(A) “refund” includes rebate of duty of excise on excisable goods exported out of India or on
excisable materials used in the manufacture of goods which are exported out of India;
1. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
2. Subs. by Act 18 of 2008, s. 80(ii)(a), for “duty of excise”.
3. Subs. by ibid, s. 80(ii)(b), for “duty”.
4. Subs. by Act 44 of 1980, s. 49, for the Explanation.
34
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(B) “relevant date” means,—
(a) in the case of goods exported out of India where a refund of excise duty paid is available in
respect of the goods themselves or, as the case may be, the excisable materials used in the
manufacture of such goods,—
(i) if the goods are exported by sea or air, the date on which the ship or the aircraft in which
such goods are loaded, leaves India, or
(ii) if the goods are exported by land, the date on which such goods pass the frontier, or
(iii) if the goods are exported by post, the date of despatch of goods by the Post Office
concerned to a place outside India;
(b) in the case of goods returned for being remade, refined, reconditioned, or subjected to any other
similar process, in any factory, the date of entry into the factory for the purposes aforesaid;
(c) in the case of goods to which banderols are required to be affixed if removed for home
consumption but not so required when exported outside India, if returned to a factory after having been
removed from such factory for export out of India, the date of entry into the factory;
(d) in a case where a manufacturer is required to pay a sum, for a certain period, on the basis of the
rate fixed by the Central Government by notification in the Official Gazette in full discharge of his
liability for the duty leviable on his production of certain goods, if after the manufacturer has made the
payment on the basis of such rate for any period but before the expiry of that period such rate is reduced,
the date of such reduction;
1[(e) in the case of a person, other than the manufacturer, the date of purchase of the goods by such
person;]
2[(ea) in the case of goods which are exempt from payment of duty by a special order issued under
sub-section (2) of Section 5-A, the date of issue of such order;]
3[(eb) in case where duty of excise is paid provisionally under this Act or the rules made thereunder,
the date of adjustment of duty after the final assessment thereof;]
4[(ec) in case where the duty becomes refundable as a consequence of judgment, decree, order or
direction of appellate authority, Appellate Tribunal or any court, the date of such judgment, decree,
order or direction;]
(f) in any other case, the date of payment of duty.]
1. Subs. by Act 40 of 1991, s. 3(c), for sub clause (e) (w.e.f. 20-9-1991).
2. Ins. by Act 33 of 1996, s. 77.
3. Ins. by Act 21 of 1998, s. 108.
4. Ins. by Act 22 of 2007, s. 117.
35
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1[11-BB. Interest on delayed refunds.— If any duty ordered to be refunded under sub-section (2) of
Section 11-B to any applicant is not refunded within three months from the date of receipt of application
under sub-section (1) of that section, there shall be paid to that applicant interest at such rate, [2][not
below five per cent and not exceeding thirty per cent per annum as is for the time being fixed [3][by the
Central Government, by notification in the Official Gazette,]] on such duty from the date immediately after
the expiry of three months from the date of receipt of such application till the date of refund of such duty:
Provided that where any duty ordered to be refunded under sub-section (2) of Section 11-B in
respect of an application under sub-section (1) of that section made before the date on which the Finance
Bill, 1995 receives the assent of the President, is not refunded within three months from such date, there
shall be paid to the applicant interest under this section from the date immediately after three months
from such date, till the date of refund of such duty.
_Explanation.— Where any order of refund is made by the Commissioner (Appeals), Appellate_
Tribunal [4][National Tax Tribunal] or any court against an order of the Assistant [5][Principal Commissioner
of Central Excise or Commissioner of Central Excise] [6][or Deputy [5][Principal Commissioner of Central
Excise or Commissioner of Central Excise]], under sub-section (2) of Section 11-B, the order passed by the
Commissioner (Appeals), Appellate Tribunal [4][, National Tax Tribunal] or, as the case may be, by the court
shall be deemed to be an order passed under the said sub-section (2) for the purposes of this section.]
7[11C. Power not to recover duty of excise not levied or short-levied as a result of general
**practice.— [8][(1)] Notwithstanding anything contained in this Act, if the Central Government is satisfied—**
(a) that a practice was, or is, generally prevalent regarding levy of duty of excise (including non
levy thereof) on any excisable goods; and
(b) that such goods were, or are, liable—
(i) to duty of excise, in cases where according to the said practice the duty was not, or is not
being, levied, or
(ii) to a higher amount of duty of excise than what was, or is being, levied, according to the
said practice,
then, the Central Government may, by notification in the Official Gazette direct that the whole of the
duty of excise payable on such goods, or, as the case may be, the duty of excise in excess of that payable
1. Ins. by Act 22 of 1995, s. 75.
2. Subs. by Act 14 of 2001, s. 126, for “not below ten per cent” (w.e.f. 11-5-2001).
3. Subs. by Act 10 of 2000, s. 102, for “by the Board”.
4. Ins. by Act 49 of 2005, s. 30 and Sch. (Pt. VII) (w.e.f. 28-12-2005).
5. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
6. Ins. by Act 27 of 1999, s. 119.
7. Ins. by Act 25 of 1978, s. 21, (w.e.f. 1-7-1978).
8. Renumbered as sub-sec. (1) and sub-sec. (2) inserted by Act 29 of 1988, s. 10 (w.e.f. 1-7-1988).
36
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on such goods, but for the said practice, shall not be required to be paid in respect of the goods on which
the duty of excise was not, or is not being, levied, or was, or is being, short-levied, in accordance with the
said practice.]
1[(2) Where any notification under sub-section (1) in respect of any goods has been issued, the whole
of the duty of excise paid on such goods or, as the case may be, the duty of excise paid in excess of that
payable on such goods, which would not have been paid if the said notification had been in force, shall be
dealt with in accordance with the provisions of sub-section (2) of Section 11-B:
Provided that the person claiming the refund of such duty or, as the case may be, excess duty, makes
an application in this behalf to the Assistant [2][Principal Commissioner of Central Excise or
Commissioner of Central Excise] [3][or Deputy [2][Principal Commissioner of Central Excise or
Commissioner of Central Excise]], in the form referred to in sub-section (1) of Section 11-B, before
the expiry of six months from the date of issue of the said notification.]
4[11D. Duties of excise collected from the buyer to be deposited with the Central Government.—
(1) Notwithstanding anything to the contrary contained in any order or direction of the Appellate Tribunal
or any Court or in any other provision of this Act or the rules made thereunder, [5][every person who is liable
to pay duty under this Act or the rules made thereunder, and has collected any amount in excess of the duty
assessed or determined and paid on any excisable goods under this Act or the rules made thereunder from
the buyer of such goods] in any manner as representing duty of excise, shall forthwith pay the amount so
collected to the credit of the Central Government.
6[(1A) Every person, who has collected any amount in excess of the duty assessed or determined and
paid on any excisable goods or has collected any amount as representing duty of excise on any excisable
goods which are wholly exempt or are chargeable to nil rate of duty from any person in any manner, shall
forthwith pay the amount so collected to the credit of the Central Government.]
7[(2) Where any amount is required to be paid to the credit of the Central Government under 8[sub
section (1) or sub-section (1-A), as the case may be,] and which has not been so paid, the Central Excise
Officer may serve, on the person liable to pay such amount, a notice requiring him to show cause why the
said amount, as specified in the notice, should not be paid by him to the credit of the Central Government.]
1. Subs. by Act 40 of 1991, s. 4, for sub-section (2) (w.e.f. 20-9-1991).
2. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
3. Ins. by Act 27 of 1999, s. 119.
4. Ins. by Act 40 of 1991, s. 5 (w.e.f. 20-9-1991).
5. Subs. by Act 10 of 2000, s. 103, for certain words (w.r.e.f. 20-9-1991).
6. Ins. by Act 18 of 2008, s. 81(i).
7. Subs. by Act 10 of 2000, s. 103, for sub-section (2) (w.r.e.f. 20-9-1991).
8. Subs. by Act 18 of 2008, s. 81(ii), for the word, brackets and figure “sub-section (1)”.
37
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(3) The Central Excise Officer shall, after considering the representation, if any, made by the person
on whom the notice is served under sub-section (2), determine the amount due from such person (not being
in excess of the amount specified in the notice) and thereupon such person shall pay the amount so
determined.
(4) The amount paid to the credit of the Central Government under [1][sub-section (1) or sub-section
(1A) or sub-section (3), as the case may be,] shall be adjusted against the duty of excise payable by the
person on finalisation of assessment or any other proceeding for determination of the duty of excise relating
to the excisable goods referred to in [2][sub-section (1) and sub-section (1A)].
(5) Where any surplus is left after the adjustment under sub-section (4), the amount of such surplus
shall either be credited to the Fund or, as the case may be, refunded to the person who has borne the
incidence of such amount, in accordance with the provisions of Section 11B and such person may make an
application under that section in such cases within six months from the date of the public notice to be issued
by the Assistant [3][Principal Commissioner of Central Excise or Commissioner of Central Excise] for the
refund of such surplus amount.]]
4[11DD. Interest on the amounts collected in excess of the duty.— (1) Where an amount has been
collected in excess of the duty assessed or determined and paid on any excisable goods under this Act or
the rules made thereunder from the [5][buyer of such goods or from any person or where a person has
collected any amount as representing duty of excise on any excisable goods which are wholly exempt or
are chargeable to _nil rate of duty, the person] who is liable to pay such amount as determined under_
sub-section (3) of Section 11-D, shall, in addition to the amount, be liable to pay interest at such rate not
below ten per cent, and not exceeding thirty-six percent per annum, as is for the time being fixed by the
Central Government, by notification in the Official Gazette, from the first day of the month succeeding the
month in which the amount ought to have been paid under this Act, but for the provisions contained in
sub-section (3) of Section 11-D, till the date of payment of such amount:
Provided that in such cases where the amount becomes payable consequent to issue of an order,
instruction or direction by the Board under Section 37B, and such amount payable is voluntarily paid
in full, without reserving any right to appeal against such payment at any subsequent stage, within
forty-five days from the date of issue of such order, instruction or direction, as the case may be, no
interest shall be payable and in other cases the interest shall be payable on the whole amount, including
the amount already paid.
1. Subs. by Act 18 of 2008, s. 81(iii)(a), for the word, brackets and figure “sub-section (1) or sub-section (3)”.
2. Subs. by ibid, s. 81(iii)(b), for the word, brackets and figure “sub-section (1)”.
3. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
4. Ins. by Act 32 of 2003, s. 140 (w.e.f. 14-5-2003).
5. Subs. by Act 18 of 2008, s. 82, for the words “buyer of such goods, the person”.
38
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(2) The provisions of sub-section (1) shall not apply to cases where the amount had become payable or
ought to have been paid before the day on which the Finance Bill, 2003 receives the assent of the President.
_Explanation 1.— Where the amount determined under sub-section (3) of Section 11-D is reduced by_
the Commissioner (Appeals), the Appellate Tribunal or, as the case may be, the court, the interest payable
thereon under sub-section (1) shall be on such reduced amount.
_Explanation 2.—Where the amount determined under sub-section (3) of Section 11-D is increased by_
the Commissioner (Appeals), the Appellate Tribunal or, as the case may be, the court, the interest payable
thereon under sub-section (1) shall be on such increased amount.]
1[11DDA. Provisional attachment to protect revenue in certain cases.— (1) Where, during the
pendency of any proceedings under Section 11A or Section 11D, the Central Excise Officer is of the opinion
that for the purpose of protecting the interests of revenue, it is necessary so to do, he may, with the previous
approval of the [2][Principal Commissioner of Central Excise or Commissioner of Central Excise], by order
in writing, attach provisionally any property belonging to the person on whom notice is served under [3][* *
*] Section 11A or sub-section (2) of Section 11D, as the case may be, in accordance with the rules made in
this behalf under Section 142 of the Customs Act, 1962 (52 of 1962).
(2) Every such provisional attachment shall cease to have effect after the expiry of a period of six
months from the date of the order made under sub-section (1):
Provided that the [4][Principal Chief Commissioner of Central Excise or Chief Commissioner of
Central Excise] may, for reasons to be recorded in writing, extend the aforesaid period by such further
period or periods as he thinks fit, so, however, that the total period of extension shall not in any case
exceed two years:
Provided further that where an application for settlement of case under Section 32-E is made to the
Settlement Commission, the period commencing from the date on which such application is made and
ending with the date on which an order under sub-section (1) of Section 32-F is made shall be excluded
from the period specified in the preceding proviso.]
5[11E. Liability under Act to be first charge.— Notwithstanding anything to the contrary contained
in any Central Act or State Act, any amount of duty, penalty, interest, or any other sum payable by an
assessee or any other person under this Act or the rules made thereunder shall, save as otherwise provided
in Section 529A of the Companies Act, 1956 (1 of 1956), the Recovery of Debts Due to Banks and the
1. Ins. by Act 29 of 2006, s. 36.
2. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
3. The words “sub-section (1) of” omitted by Act 17 of 2013, s. 92.
4. Subs. by Act 25 of 2014, s. 95, for “Chief Commissioner of Central Excise”
5. Ins. by Act 8 of 2011, s. 66.
39
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Financial Institutions Act, 1993 (51 of 1993) [1][the Securitisation and Reconstruction of Financial Assets
and the Enforcement of Security Interest Act, 2002 (54 of 2002) and the Insolvency and Bankruptcy Code,
2016], be the first charge on the property of the assessee or the person, as the case may be.]
**12. Application of the provisions of Act** [2][52 of 1962] to Central Excise Duties.— The Central
Government may, by notification in the Official Gazette, declare that any of the provisions of the [3][Customs
Act, 1962 (52 of 1962)], relating to the levy of and exemption from customs duties, drawback of duty,
warehousing, offences and penalties, confiscation, and procedure relating to offences and appeals shall,
with such modifications and alterations as it may consider necessary or desirable to adapt them to the
circumstances, be applicable in regard to like matters in respect of the duties imposed by
Section 3 [4][Section 3-A]:
5[Provided that the provisions of the Customs Act, 1962(52 of 1962) relating to offences and penalties
shall not apply for the matters covered by section 3A for the period beginning on the 10th day of May, 2008
and ending immediately before the day on which the Finance Bill, 2011 receives the assent of the President.]
6
# [CHAPTER IIA
INDICATING AMOUNT OF DUTY IN THE PRICE OF GOODS, ETC., FOR PURPOSE OF REFUND
AND CREDITING CERTAIN AMOUNTS TO THE FUND
**12A. Price of goods to indicate the amount of duty paid thereon.— Notwithstanding anything**
contained in this Act or any other law for the time being in force, every person who is liable to pay duty of
excise on any goods shall, at the time of clearance of the goods, prominently indicate in all the documents
relating to assessment, sales invoice, and other like documents, the amount of such duty which will form
part of the price at which such goods are to be sold.
**12B. Presumption that the incidence of duty has been passed on to the buyer.— Every person who**
has paid the duty of excise on any goods under this Act shall, unless the contrary is proved by him, be
deemed to have passed on the full incidence of such duty to the buyer of such goods.
**12C. Consumer Welfare Fund.— (1) There shall be established by the Central Government a fund,**
to be called the Consumer Welfare Fund.
(2) There shall be credited to the Fund, in such manner as may be prescribed,—
1. Subs. by Act 31 of 2016, s. 246 & Sch. II, for “and the Securitisation and Reconstruction of Financial Assets and the
Enforcement of Security Interest Act, 2002 (54 of 2002)” (w.e.f. 1-11-2016).
2. Subs. by Act 33 of 1996, s. 78,
3. Subs. by ibid, s. 78, for “Sea Customs Act, 1878 (8 of 1878)”.
4. Ins. by Act 8 of 2011, s. 67 (w.r.e.f. 10-5-2008).
5. Ins. by ibid, s. 67 (w.e.f. 10-5-2008).
6. Ins. by Act 40 of 1991, s. 6 (w.e.f. 20-9-1991).
40
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(a) the amount of duty of excise referred to in sub-section (2) of Section 11B or sub-section (2) of
Section 11C or sub-section (2) of Section 11D;
(b) the amount of duty of customs referred to in sub-section (2) of Section 27 or sub-section (2) of
Section 28A, or sub-section (2) of Section 28B of the Customs Act, 1962 (52 of 1962);
(c) any income from investment of the amount credited to the Fund and any other monies received
by the Central Government for the purposes of this Fund;
1[(d) the surplus amount referred to in sub-section (6) of Section 73A of the Finance Act, 1994 (32
of 1994).]
**12D. Utilisation of the Fund.— (1) Any money credited to the Fund shall be utilised by the Central**
Government for the welfare of the consumers in accordance with such rules as that Government may make
in this behalf.
(2) The Central Government shall maintain or, if it thinks fit, specify the authority which shall maintain,
proper and separate account and other relevant records in relation to the Fund in such form as may be
prescribed in consultation with the Comptroller and Auditor-General of India.]
CHAPTER III
POWERS AND DUTIES OF OFFICERS AND LANDHOLDERS
2 [ 3[12E.] Powers of Central Excise Officers.—(1) A Central Excise Officer may exercise the powers
and discharge the duties conferred or imposed under this Act on any other Central Excise Officer who is
subordinate to him.
(2) Notwithstanding anything contained in sub-section (1), the [4][Principal Commissioner of Central
Excise or Commissioner of Central Excise] (Appeals) shall not exercise the powers and discharge the duties
conferred or imposed on a Central Excise Officer other than those specified in Section 14 or Chapter VI
A.]
5[12F. Power of search and seizure.— (1) Where the Joint 4[Principal Commissioner of Central
Excise or Commissioner of Central Excise] or Additional [4][Principal Commissioner of Central Excise or
Commissioner of Central Excise] or such other Central Excise Officer as may be notified by the Board has
reasons to believe that any goods liable to confiscation or any documents or books or things, which in his
opinion shall be useful for or relevant to any proceedings under this Act, are secreted in any place, he may
1. Ins. by Act 21 of 2006, s. 64.
2. Ins. by Act 79 of 1985, s. 4 (w.e.f. 27-12-1985).
3. Section “12A” renumbered as “12E” by Act 40 of 1991, s. 7 (w.e.f. 20-9-1991).
4. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
5. Ins. by Act 8 of 2011, s. 68.
41
-----
authorise in writing any Central Excise Officer to search and seize or may himself search and seize such
documents or books or things.
1[(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure
shall, so far as may be, apply to search and seizure under this section subject to the modification that
sub-section (5) of Section 165 of the said Code shall have effect as if for the word “Magistrate”, wherever
it occurs, the words “[2][Principal Commissioner of Central Excise or Commissioner of Central Excise]”
were substituted.]]
3[13. Power to arrest.— Any Central Excise Officer not below the rank of Inspector of Central Excise
may, with the prior approval of the [2][Principal Commissioner of Central Excise or Commissioner of Central
Excise], arrest any person whom he has reason to believe to be liable to punishment under this Act or the
rules made thereunder.]
(2) Any person accused or reasonably suspected of committing an offence under this Act or any rules
made thereunder, who on demand of any officer duly empowered by the Central Government in this behalf
refuses to give his name and residence, or who gives a name or residence which such officer has reason to
believe to be false, may be arrested by such officer in order that his name and residence may be ascertained.
**14. Power to summon persons to give evidence and produce documents in inquiries under this**
**Act.— (1) Any Central Excise Officer duly empowered by the Central Government in this behalf shall have**
power to summon any person whose attendance he considers necessary either to give evidence or to produce
a document or any other thing in any inquiry which such officer is making for any of the purposes of this
Act. A summons to produce documents or other things may be for the production of certain specified
documents or things or for the production of all documents or things of a certain description in the
possession or under the control of the person summoned.
(2) All persons so summoned shall be bound to attend, either in person or by an authorised agent, as
such officer may direct; and all persons so summoned shall be bound to state the truth upon any subject
respecting which they are examined or make statements and to produce such documents and other things
as may be required:
Provided that the exemptions under Sections 132 and 133 of the Code of Civil Procedure, 1908 (5
of 1908) shall be applicable to requisitions of attendance under this section.
(3) Every such inquiry as aforesaid shall be deemed to be a “judicial proceeding” within the meaning
of Section 193 and Section 228 of the Indian Penal Code, 1860 (45 of 1860).
1. Subs. by Act 23 of 2012, s. 137, for sub-section (2).
2. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
3. Subs. by Act 32 of 2003, s. 141, for section 13 (w.e.f. 14-5-2003).
42
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1[14A. Special audit in certain cases.— (1) If at any stage of enquiry, investigation or any other
proceedings before him, any Central Excise Officer not below the rank of an Assistant [2][Principal
Commissioner of Central Excise or Commissioner of Central Excise], having regard to the nature and
complexity of the case and the interest of revenue, is of the opinion that the value has not been correctly
declared or determined by a manufacturer or any person, he may, with the previous approval of
the [3][Principal Chief Commissioner of Central Excise or Chief Commissioner of Central Excise], direct
such manufacturer or such person to get the accounts of his factory, office, depots, distributors or any other
place, as may be specified by the said Central Excise Officer, audited by a [4][cost accountant or chartered
accountant], nominated by the [3][Principal Chief Commissioner of Central Excise or Chief Commissioner
of Central Excise] in this behalf.
(2) The [4][cost accountant or chartered accountant], so nominated shall, within the period specified by
the Central Excise Officer, submit a report of such audit duly signed and certified by him to the said Central
Excise Officer mentioning therein such other particulars as may be specified:
Provided that the Central Excise Officer may, on an application made to him in this behalf by the
manufacturer or the person and for any material and sufficient reason, extend the said period by such
further period or periods as he thinks fit; so, however, that the aggregate of the period originally fixed
and the period or periods so extended shall not, in any case, exceed one hundred and eighty days from
the date on which the direction under sub-section (1) is received by the manufacturer or the person.
(3) The provisions of sub-section (1) shall have effect notwithstanding that the accounts of the
manufacturer or person aforesaid have been audited under any other law for the time being in force or
otherwise.
(4) [5][* * *]
(5) The manufacturer or the person shall be given an opportunity of being heard in respect of any
material gathered on the basis of audit under sub-section (1) and proposed to be utilised in any proceedings
under this Act or rules made thereunder.
6[Explanation 1].— For the purpose of this section, “cost accountant” shall have the meaning assigned
to it in clause (b) of sub-section (1) of Section 2 of the Cost and Works Accountants Act, 1959 (23 of
1959).]
1. Ins. by Act 22 of 1995, s. 76 (w.e.f. 26-5-1995).
2. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
3. Subs. by ibid, s. 95, for “Chief Commissioner of Central Excise”.
4. Subs. by Act 33 of 2009, s. 105(i), for “cost accountant”.
5. Omitted by Act 10 of 2000, s. 104.
6. Renumbered by Act 33 of 2009, s. 105(ii).
43
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1[Explanation 2.— For the purposes of this section, “chartered accountant” shall have the meaning
assigned to it in clause (b) of sub-section (1) of Section 2 of the Chartered Accountants Act, 1949 (38 of
1949).]
2[14AA. Special audit in cases where credit of duty availed or utilised is not within the normal
**limits, etc.— (1) If the [3][Principal Commissioner of Central Excise or Commissioner of Central Excise]**
has reason to believe that the credit of duty availed of or utilised under the rules made under this Act by a
manufacturer of any excisable goods—
(a) is not within the normal limits having regard to the nature of the excisable goods produced or
manufactured, the type of inputs used and other relevant factors, as he may deem appropriate;
(b) has been availed of or utilised by reason of fraud, collusion or any wilful misstatement or
suppression of facts,
he may direct such manufacturer to get the accounts of his factory, office, depot, distributor or any other
place, as may be specified by him, audited by a [4][cost accountant or chartered accountant] nominated by
him.
(2) The [4][cost accountant or chartered accountant] so nominated shall, within the period specified by
the [3][Principal Commissioner of Central Excise or Commissioner of Central Excise], submit a report of
such audit duly signed and certified by him to the said Commissioner mentioning therein such other
particulars as may be specified.
(3) The provisions of sub-section (1) shall have effect notwithstanding that the accounts of the said
manufacturer aforesaid have been audited under any other law for the time being in force or otherwise.
(4) [5][* * *]
(5) The manufacturer shall be given an opportunity of being heard in respect of any material gathered
on the basis of the audit under sub-section (1) and proposed to be utilised in any proceeding under this Act
or rules made thereunder.
6[Explanation 1.]— For the purpose of this section, “cost accountant” shall have the meaning assigned
to it in clause (b) of sub-section (1) of Section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959).
1. Ins. by Act 33 of 2009, s. 105(ii).
2. Ins. by Act 26 of 1997, s. 83.
3. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
4. Subs. by Act 33 of 2009, s. 106(i), for “cost accountant”.
5. Omitted by Act 10 of 2000, S. 105.
6. Explanation renumbered by Act 33 of 2009, s. 106(i) & (ii).
44
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1[Explanation 2.— For the purposes of this section, “chartered accountant” shall have the meaning
assigned to it in clause (b) of sub-section (1) of Section 2 of the Chartered Accountants Act, 1949 (38 of
1949).]
**15. Officers required to assist Central Excise Officers.— All officers of Police and Customs and all**
officers of Government engaged in the collection of land revenue, and all village officers are hereby
empowered and required to assist the Central Excise Officers in the execution of this Act.
2[15A. Obligation to furnish information return.— (1) Any person, being—
(a) an assessee; or
(b) a local authority or other public body or association; or
(c) any authority of the State Government responsible for the collection of value added tax or
sales tax; or
(d) an income tax authority appointed under the provisions of the Income Tax Act, 1961 (43 of
1961); or
(e) a banking company within the meaning of clause (a) of Section 45-A of the Reserve Bank
of India Act, 1934 (2 of 1934); or
(f) a State Electricity Board or an electricity distribution or transmission licensee under the
Electricity Act, 2003 (36 of 2003), or any other entity entrusted, as the case may be, with such
functions by the Central Government or the State Government; or
(g) the Registrar or Sub-Registrar appointed under Section 6 of the Registration Act, 1908 (16
of 1908); or
(h) a Registrar within the meaning of the Companies Act, 2013 (18 of 2013); or
(i) the registering authority empowered to register motor vehicles under Chapter IV of the
Motor Vehicles Act, 1988 (59 of 1988); or
(j) the Collector referred to in clause (c) of Section 3 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013); or
(k) the recognised stock exchange referred to in clause (f) of Section 2 of the Securities
Contracts (Regulation) Act, 1956 (42 of 1956); or
(l) a depository referred to in clause (e) of sub-section (1) of Section 2 of the Depositories Act,
1996 (22 of 1996); or
1. Ins. by Act 33 of 2009, s. 106(i) & (ii).
2. Ins. by Act 25 of 2014, s. 97.
45
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(m) an officer of the Reserve Bank of India, constituted under Section 3 of the Reserve Bank
of India Act, 1934 (2 of 1934),
who is responsible for maintaining record of registration or statement of accounts or any periodic return
or document containing details of payment of tax and other details or transaction of goods or services or
transactions related to a bank account or consumption of electricity or transaction of purchase, sale or
exchange of goods or property or right or interest in a property, under any law for the time being in force,
shall furnish an information return of the same in respect of such periods, within such time, form (including
electronic form) and manner, to such authority or agency as may be prescribed.
(2) Where the prescribed authority considers that the information submitted in the information return
is defective, he may intimate the defect to the person who has furnished such information return and give
him an opportunity of rectifying the defect within a period of thirty days from the date of such intimation
or within such further period which, on an application made in this behalf, the prescribed authority may
allow and if the defect is not rectified within the said period of thirty days or, as the case may be, the further
period so allowed, then, notwithstanding anything contained in any other provision of this Act, such
information return shall be treated as not submitted and the provisions of this Act shall apply.
(3) Where a person who is required to furnish information return has not furnished the same within the
time specified in sub-section (1) or sub-section (2), the prescribed authority may serve upon him a notice
requiring furnishing of such information return within a period not exceeding ninety days from the date of
service of the notice and such person shall furnish the information return.]
1[15B. Penalty for failure to furnish information return.— If a person who is required to furnish an
information return under Section 15-A fails to do so within the period specified in the notice issued under
sub-section (3) thereof, the prescribed authority may direct that such person shall pay, by way of penalty, a
sum of one hundred rupees for each day of the period during which the failure to furnish such return
continues.]
**16. [Owners or occupiers of land to report manufacture of contraband excisable**
**goods].— Omitted by Finance Act 2002 (20 of 2002), s. 137.**
**17. [Punishment for connivance at offences].—** _Omitted by s. 137, ibid_
**18. Searches and arrests how to be made.— All searches made under this Act or any rules made**
thereunder and all arrests made under this Act shall be carried out in accordance with the provisions of the
Code of Criminal Procedure, 1898 (5 of 1898)[2], relating respectively to searches and arrests made under
that Code.
1. Ins. by Act 25 of 2014, S. 97.
2. See now the CrPC, 1973 (2 of 1974).
46
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**19. Disposal of persons arrested.— Every person arrested under this Act shall be forwarded without**
delay to the nearest Central Excise Officer empowered to send persons so arrested to a Magistrate, or, if
there is no such Central Excise Officer within a reasonable distance, to the officer-in-charge of the nearest
police station.
**20. Procedure to be followed by officer-in-charge of police station.— The officer-in-charge of a**
police station to whom any person is forwarded under Section 19 [1][shall, where the offence is non
cognizable, either admit him] to bail to appear before the Magistrate having jurisdiction, or in default of
bail forward him in custody to such Magistrate.
**21. Inquiry how to be made by Central Excise Officers against arrested persons forwarded to**
**them under Section 19.— (1) When any person is forwarded under Section 19 to a Central Excise Officer**
empowered to send persons so arrested to a Magistrate, the Central Excise Officer shall proceed to inquire
into the charge against him.
(2) For this purpose the Central Excise Officer may exercise the same powers and shall be subject to
the same provisions as the officer-in-charge of a police station may exercise and is subject to under the
Code of Criminal Procedure, 1898 (5 of 1898)[ 2], when investigating a cognizable case:
Provided that—
(a) if the Central Excise Officer is of opinion that there is sufficient evidence or reasonable ground
of suspicion against the accused person, he [1][shall, where the offence is non-cognizable, either admit
him] to bail to appear before a Magistrate having jurisdiction in the case, or forward him in custody to
such Magistrate;
(b) if it appears to the Central Excise Officer that there is not sufficient evidence or reasonable
ground of suspicion against the accused person [3][in respect of offence which is non-cognizable], he
shall release the accused person on his executing a bond, with or without sureties as the Central Excise
Officer may direct, to appear, if and when so required, before the Magistrate having jurisdiction, and
shall make a full report of all the particulars of the case to his official superior.
**22. Vexatious search, seizure, etc., by Central Excise Officer.— Any Central Excise or other officer**
exercising powers under this Act or under the rules made thereunder who—
(a) without reasonable ground of suspicion searches or causes to be searched any house, boat or
place;
(b) vexatiously and unnecessarily detains, searches or arrests any person;
1. Subs. by Act 17 of 2013, s. 93, for “shall either admit him”.
2. See now the CrPC, 1973 (2 of 1974).
3. Ins. by Act 17 of 2013, s. 94(ii).
47
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(c) vexatiously and unnecessarily seizes the movable property of any person, on pretence of seizing
or searching for any article liable to confiscation under this Act;
(d) commits, as such officer, any other act to the injury of any person, without having reason to
believe that such act is required for the execution of his duty;
shall, for every such offence, be punishable with fine which may extend to two thousand rupees.
Any person wilfully and maliciously giving false information and so causing an arrest or a search to be
made under this Act shall be punishable with fine which may extend to two thousand rupees or with
imprisonment for a term which may extend to two years or with both.
**23. Failure of Central Excise Officer in duty.— Any Central Excise Officer who ceases or refuses to**
perform or withdraws himself from the duties of his office, unless he has obtained the express written
permission of the [1][Principal Commissioner of Central Excise or Commissioner of Central Excise], or has
given to his superior officer two months’ notice in writing of his intention or has other lawful excuse, shall
on conviction before a Magistrate be punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to three months’ pay, or with both.
[2[CHAPTER IIIA](https://www.scconline.com/Members/BrowseResult.aspx#BC009)
[ADVANCE RULINGS](https://www.scconline.com/Members/BrowseResult.aspx#BC010)
**23A. Definitions.—In this Chapter, unless the context otherwise requires,—**
3[(a) “activity” means production or manufacture of goods and includes any new business of
production or manufacture proposed to be undertaken by the existing producer or manufacturer, as the
case may be;]
(b) “advance ruling” means the determination, by the authority of a question of law or fact specified
in the application regarding the liability to pay duty in relation to an activity proposed to be undertaken,
by the applicant;
4[(c) “applicant” means—
(i) (a) a non-resident setting up a joint venture in India in collaboration with a non-resident or a
resident; or
(b) a resident setting up a joint venture in India in collaboration with a non-resident; or
(c) a wholly owned subsidiary Indian company, of which the holding company is a foreign
company,
1. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
2. New Chapter III-A consisting of Ss. 23-A to 23-H ins. by Act 27 of 1999, S. 124.
3. Subs. by Act 17 of 2013, s. 95 for clause ‘(a) “activity” means production or manufacture of goods;’.
4. Subs. by Act 18 of 2005, s. 76, for clause (c).
48
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who or which, as the case may be, proposes to undertake any business activity in India;
(ii) a joint venture in India; or
(iii) a resident falling within any such class or category of persons, as the Central Government may,
by notification in the Official Gazette, specify in this behalf,
and which or who, as the case may be, makes application for advance ruling under sub-section (1)
of Section 23-C;]
1[Explanation.—For the purposes of this clause, “joint venture in India” means a contractual
arrangement whereby two or more persons undertake an economic activity which is subject to joint
control and one or more of the participants or partners or equity holders is a non-resident having
substantial interest in such arrangement;]
(d) “application” means an application made to the Authority under sub-section (1) of
Section 23-C;
2[(e) “Authority” means the Authority for Advance Rulings as defined in clause (e) of
Section 28-E of the Customs Act, 1962 (52 of 1962);]
3[(f) “non-resident”, “Indian company” and “foreign company” shall have the meaning assigned to
them in clauses (30), (26) and (23-A) of Section 2 of the Income Tax Act, 1961 (43 of 1961).]
**23B. [Vacancies, etc., not to invalidate proceedings].— Omitted by Finance Act 2017 (7 of 2017), s.**
113.
**23C. Application for advance ruling.—(1) An applicant desirous of obtaining an advance ruling**
under this Chapter may make an application in such form and in such manner as may be prescribed, stating
the question on which the advance ruling is sought.
(2) The question on which the advance ruling is sought shall be in respect of,—
(a) classification of any goods under the Central Excise Tariff Act, 1985;
(b) applicability of a notification issued under sub-section (1) of Section 5A having a bearing on
the rate of duty;
(c) the principles to be adopted for the purposes of determination of value of the goods under the
provisions of this Act;
1. Ins. by Act 22 of 2007, s. 118.
2. Subs. by Act 7 of 2017, s. 112 for clause (e).
3. Subs. by Act 32 of 2003, s. 142, for clause (f).
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1[(d) notifications issued, in respect of duties of excise under this Act, the Central Excise Tariff
Act, 1985 (5 of 1986) and any duty chargeable under any other law for the time being in force in the
same manner as duty of excise leviable under this Act;
(e) [2][admissibility of credit of service tax paid or deemed to have been paid on input service or
excise duty] paid or deemed to have been paid on the goods used in or in relation to the manufacture of
the excisable goods;]
3[(f) determination of the liability to pay duties of excise on any goods under this Act.]
(3) The application shall be made in quadruplicate and be accompanied by a fee of [4][ten thousand
rupees].
(4) An applicant may withdraw an application within thirty days from the date of the application.
**23D. Procedure on receipt of application.—(1) On receipt of an application, the Authority shall cause**
a copy thereof to be forwarded to the [5][Principal Commissioner of Central Excise or Commissioner of
Central Excise] and, if necessary, call upon him to furnish the relevant records:
Provided that where any records have been called for by the Authority in any case, such records
shall, as soon as possible, be returned to the [5][Principal Commissioner of Central Excise or
Commissioner of Central Excise].
(2) The Authority may, after examining the application and the records called for, by order, either allow
or reject the application:
Provided that the Authority shall not allow the application [6][* * *] where the question raised in the
application is,—
(a) already pending in the applicant’s case before any Central Excise Officer, the Appellate
Tribunal or any Court;
(b) the same as in a matter already decided by the Appellate Tribunal or any Court:
Provided further that no application shall be rejected under this sub-section unless an
opportunity has been given to the applicant of being heard:
Provided also that where the application is rejected, reasons for such rejection shall be given in
the order.
1. Ins. by Act 32 of 2003, s. 143.
2. Subs. by Act 17 of 2013, s. 96, for “admissibility of credit of excise duty”.
3. Ins. by Act 21 of 2006, s. 65.
4. Subs. by Act 7 of 2017, s. 114, for “two thousand five hundred rupees”.
5. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
6. The words “except in the case of a resident applicant” omitted by Act 20 of 2002, s. 138.
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(3) A copy of every order made under sub-section (2) shall be sent to the applicant and to the [1][Principal
Commissioner of Central Excise or Commissioner of Central Excise].
(4) Where an application is allowed under sub-section (2), the Authority shall, after examining such
further material as may be placed before it by the applicant or obtained by the Authority, pronounce its
advance ruling on the question specified in the application.
(5) On a request received from the applicant, the Authority shall, before pronouncing its advance ruling,
provide an opportunity to the applicant of being heard, either in person or through a duly authorised
representative.
_Explanation.—For the purposes of this sub-section, “authorised representative” shall have the_
meaning assigned to it in sub-section (2) of Section 35-Q.
(6) The Authority shall pronounce its advance ruling in writing within [2][six months] of the receipt of
application.
(7) A copy of the advance ruling pronounced by the Authority, duly signed by the Members and
certified in the prescribed manner shall be sent to the applicant and to the [1][Principal Commissioner of
Central Excise or Commissioner of Central Excise], as soon as may be, after such pronouncement.
**23E. Applicability of advance ruling.—(1) The advance ruling pronounced by the Authority under**
Section 23D shall be binding only—
(a) on the applicant who had sought it;
(b) in respect of any matter referred to in sub-section (2) of Section 23C;
(c) on the [1][Principal Commissioner of Central Excise or Commissioner of Central Excise], and the
Central Excise Authorities subordinate to him, in request of the applicant.
(2) The advance ruling referred to in sub-section (1) shall be binding as aforesaid unless there is a
change in law or facts on the basis of which the advance ruling has been pronounced.
**23F. Advance ruling to be void in certain circumstances.—(1) Where the Authority finds, on a**
representation made to it by the [1][Principal Commissioner of Central Excise or Commissioner of Central
Excise] or otherwise, that an advance ruling pronounced by it under sub-section (6) of [3][Section 23D] has
been obtained by the applicant by fraud or misrepresentation of facts, it may, by order, declare such ruling
to be void _ab initio and thereupon all the provisions of this Act shall apply (after excluding the period_
1. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
2. Subs. by Act 7 of 2017, s. 115, for “ninety days”.
3. Subs. by Act 17 of 2013, s. 97, for “Section 28I”.
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beginning with the date of such advance ruling and ending with the date of order under this sub-section) to
the applicant as if such advance ruling had never been made.
(2) A copy of the order made under sub-section (1) shall be sent to the applicant and the [1][Principal
Commissioner of Central Excise or Commissioner of Central Excise].
**23G. Powers of Authority.—(1) The Authority shall, for the purpose of exercising its powers**
regarding discovery and inspection, enforcing the attendance of any person and examining him on oath,
issuing commissions and compelling production of books of account and other records, have all the powers
of a civil court under the Code of Civil Procedure, 1908.
(2) The Authority shall be deemed to be a civil court for the purposes of Section 195, but not for the
purposes of Chapter XXVI of the Code of Criminal Procedure, 1973 and every proceeding before the
Authority shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228, and for
the purpose of Section 196 of the Indian Penal Code.
**23H. Procedure of Authority.—The Authority shall, subject to the provisions of this Chapter, have**
power to regulate its own procedure in all matters arising out of the exercise of its powers under this Act.
2[23I. Transitional provision.—On and from the date on which the Finance Bill, 2017 receives the
assent of the President, every application and proceeding pending before the erstwhile Authority for
Advance Rulings (Central Excise, Customs and Service Tax) shall stand transferred to the Authority from
the stage at which such application or proceeding stood as on the date of such assent.]]
3[CHAPTER IV
TRANSPORT BY SEA
**24. [Penalties for carrying excisable goods in certain vessels].—Omitted by Finance Act 2002 (20 of**
2002), s. 139 (w.e.f. 11-5-2002).
**25. [Exceptions].— Omitted by s. 139, ibid. (w.e.f. 11-5-2002).**
**26. [Power of stoppage, search and arrest.]— Omitted by s. 139, ibid. (w.e.f. 11-5-2002).**
**27. [Penalties for resisting officer.]— Omitted by s. 139, ibid. (w.e.f. 11-5-2002).**
**28. [Confiscation of vessel and cargo.]— Omitted by s. 139, ibid. (w.e.f. 11-5-2002).**
**29. [Jurisdiction.]— Omitted by s. 139, ibid. (w.e.f. 11-5-2002).**
**30. [Power to exempt from operation of this Chapter.]— Omitted by s. 139, ibid. (w.e.f. 11-5-2002).]**
1. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
2. Ins. by Act 7 of 2017, s. 116.
3. Omitted by Act 20 of 2002, s. 139 (w.e.f. 11-5-2002)
52
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1[CHAPTER V
SETTLEMENT OF CASES
2[31. Definitions.—In this Chapter, unless the context otherwise requires.—
(a) “assessee” means any person who is liable for payment of excise duty assessed under this Act
or any other Act and includes any producer or manufacturer of excisable goods or a registered person
under the rules made under this Act, of a private warehouse in which excisable goods are stored;
(b) “Bench” means a Bench of the Settlement Commission;
3[(c) “case” means any proceeding under this Act or any other Act for the levy, assessment and
collection of excise duty, pending before an adjudicating authority on the date on which an application
under sub-section (1) of Section 32-E is made:
Provided that when any proceeding is referred back [4][* * *] by any court, Appellate Tribunal or
any other authority, to the adjudicating authority for a fresh adjudication or decision, as the case may
be, then such proceeding shall not be deemed to be a proceeding pending within the meaning of this
clause;]
(d) “Chairman” means the Chairman of the Settlement Commission;
(e) “Commissioner (Investigation)” means an officer of the Customs or a Central Excise Officer
appointed as such Commissioner to conduct inquiry or investigation for the purposes of this Chapter;
(f) “Member” means a Member of the Settlement Commission and includes the Chairman and the
Vice-Chairman;
(g) “Settlement Commission” means the [5][Customs, Central Excise and Service Tax Settlement
Commission] constituted under Section 32; and
(h) “Vice-Chairman” means a Vice-Chairman of the Settlement Commission.]
6[32. Customs and Central Excise Settlement Commission.—(1) The Central Government shall, by
notification in the Official Gazette, constitute a Commission to be called [7][the Customs, Central Excise and
Service Tax Settlement Commission] for the settlement of cases under this Chapter and Chapter XIV-A of
the Customs Act, 1962.
1. Chapter V consisting of Ss. 31 to 32P, ins. by Act 21 of 1998, s. 110,
2. Ins. by ibid. s. 110.
3. Subs. by Act 22 of 2007, s. 119, for clause (c), (w.e.f. 1-6-2007).
4. The words “in any appeal or revision, as the case may be,” omitted by Act 20 of 2015, s. 95.
5. Subs. by Act 25 of 2014, s. 98, for “Customs and Central Excise Settlement Commission”.
6. Ins. by Act 21 of 1998, s. 110 (w.e.f. 1-8-1998).
7. Subs. by Act 25 of 2014, s. 99, for “the Customs and Central Excise Settlement Commission”.
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(2) The Settlement Commission shall consist of a Chairman and as many Vice-Chairmen and other
Members as the Central Government thinks fit and shall function within the Department of the Central
Government dealing with Customs and Central Excise matters.
(3) The Chairman, Vice-Chairman and other Members of the Settlement Commission shall be
appointed by the Central Government from amongst persons of integrity and outstanding ability, having
special knowledge of, and experience in, administration of customs and central excise laws:]
1[* * *]
2[32A. Jurisdiction and powers of Settlement Commission.—(1) Subject to the other provisions of
this Chapter, the jurisdiction, powers and authority of the Settlement Commission may be exercised by
Benches thereof.
(2) Subject to the other provisions of this section, a Bench shall be presided over by the Chairman or a
Vice-Chairman and shall consist of two other Members.
(3) The Bench for which the Chairman is the presiding officer shall be the principal Bench and other
Benches shall be known as additional Benches.
(4) Notwithstanding anything contained in sub-section (1) and sub-section (2), the Chairman may
authorise the Vice-Chairman or other Member appointed to one Bench to discharge also the functions of
the Vice-Chairman or, as the case may be, other Member of another Bench.
(5) The principal Bench shall sit at Delhi and the Central Government shall, by notification in the
Official Gazette, establish additional Benches at such places as it considers necessary.
(6) Notwithstanding anything contained in the foregoing provisions of this section, and subject to any
rules that may be made in this behalf, when one of the persons constituting a Bench (whether such person
be the presiding officer or other Member of the Bench) is unable to discharge his functions owing to
absence, illness or any other cause or in the event of the occurrence of any vacancy either in the office of
the presiding officer or in the office of one or the other Members of the Bench, the remaining Members
may function as the Bench and if the presiding officer of the Bench is not one of the remaining Members,
the senior among the remaining Members shall act as the presiding officer of the Bench:
Provided that if at any stage of the hearing of any such case or matter, it appears to the presiding
officer that the case or matter is of such a nature that it ought to be heard of by a Bench consisting of
three Members, the case or matter may be referred by the presiding officer of such Bench to the
Chairman for transfer to such Bench as the Chairman may deem fit:
1. Proviso omitted by Act 20 of 2015, s. 96.
2. Ins. by Act 21 of 1998, s. 110 (w.e.f. 1-8-1998).
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1[Provided further that at any stage of the hearing of any such case or matter, referred to in the first
proviso, the Chairman may, if he thinks that the case or matter is of such a nature that it ought to be heard
by a Bench consisting of three Members, constitute such Bench and if Vice-Chairman is not one of the
Members, the senior among the Members shall act as the presiding officer of such Bench.]
(7) Notwithstanding anything contained in the foregoing provisions of this section, the Chairman may,
for the disposal of any particular case, constitute a special Bench consisting of more than three Members.
(8) Subject to the other provisions of this Chapter, the special Bench shall sit at a place to be fixed by
the Chairman.]
2[32B. Vice-Chairman to act as Chairman or to discharge his functions in certain
**circumstances.—(1) In the event of the occurrence of any vacancy in the office of the Chairman by reason**
of his death, resignation or otherwise, the Vice-Chairman or [3][the Member] as the Central Government
may, by notification in the Official Gazette, authorise in this behalf, shall act as the Chairman until the date
on which a new Chairman, appointed in accordance with the provisions of this Chapter to fill such vacancy,
enters upon his office.
(2) When the Chairman is unable to discharge his functions owing to absence, illness or any other cause,
the Vice-Chairman or [3][the Member] as the Central Government may, by notification in the Official
Gazette, authorise in this behalf, shall discharge the functions of the Chairman until the date on which the
Chairman resumes his duties.]
[2][32C. Power of Chairman to transfer cases from one Bench to another.—On the application of
the assessee or the Chief Commissioner or [4][Principal Commissioner of Central Excise or Commissioner
of Central Excise] and after giving notice to them, and after hearing such of them as he may desire to be
heard, or on his own motion without such notice, the Chairman may transfer any case pending before one
Bench, for disposal, to another Bench.]
2[32D. Decision to be by majority.—If the Members of a Bench differ in opinion on any point, the
point shall be decided according to the opinion of the majority, if there is a majority, but if the Members
are equally divided, they shall state the point or points on which they differ, and make a reference to the
Chairman who shall either hear the point or points himself or refer the case for hearing on such point or
points by one or more of the other Members of the Settlement Commission and such point or points shall
be decided according to the opinion of the majority of the Members of the Settlement Commission who
have heard the case, including those who first heard it.]
1. Ins. by Act 22 of 2007, s. 120.
2. Ins. by Act 21 of 1998, s. 110 (w.e.f. 1-8-1998).
3. Subs. by Act 20 of 2015, s. 97, for “, as the case may be, such one of the Vice-Chairmen”.
4. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
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1[32E. Application for settlement of cases.—2[(1) An assessee may, in respect of a case relating to
him, make an application, before adjudication, to the Settlement Commission to have the case settled, in
such form and in such manner as may be prescribed and containing a full and true disclosure of his duty
liability which has not been disclosed before the Central Excise Officer having jurisdiction, the manner in
which such liability has been derived, the additional amount of excise duty accepted to be payable by him
and such other particulars as may be prescribed including the particulars of such excisable goods in respect
of which he admits short levy on account of misclassification, under-valuation, inapplicability of exemption
notification or CENVAT credit [3][or otherwise] and any such application shall be disposed of in the manner
hereinafter provided:
Provided that no such application shall be made unless,—
(a) the applicant has filed returns showing production, clearance and central excise duty paid in the
prescribed manner;
(b) a show cause notice for recovery of duty issued by the Central Excise Officer has been received
by the applicant;
(c) the additional amount of duty accepted by the applicant in his application exceeds three lakh
rupees; and
(d) the applicant has paid the additional amount of excise duty accepted by him along with interest
due under [4][Section 11AA]:
5[Provided further that the Settlement Commission, if it is satisfied that the circumstances exist for not
filing the returns referred to in clause (a) of the first proviso to sub-section (1), may after recording the
reasons therefor, allow the applicant to make such application:
Provided also that] no application shall be entertained by the Settlement Commission under this
sub-section in cases which are pending with the Appellate Tribunal or any court:
Provided also that no application under this sub-section shall be made for the interpretation of the
classification of excisable goods under the Central Excise Tariff Act, 1985 (5 of 1986).
(1A) [6][* * *]]
(2) [7][* * *]
1. Ins. by Act 21 of 1998, s. 110 (w.e.f. 1-8-1998).
2. Subs. by Act 22 of 2007, s. 121, for sub-section (1) (w.e.f. 1-6-2007).
3. Subs. by Act 14 of 2010, s. 65, for “but excluding the goods in respect of which no proper record has been maintained by the
assessee in his daily stock register”.
4. Subs. by Act 25 of 2014, s. 100(i)(a), for “Section 11AB”.
5. Subs. by ibid., s. 100(i)(b), for “Provided further that”.
6. Sub-section (1A) omitted by Act 20 of 2015, s. 98.
7. Omitted by Act 25 of 2014, s. 100(ii).
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(3) Every application made under sub-section (1) shall be accompanied by such fees as may be
prescribed.
(4) An application made under sub-section (1) shall not be allowed to be withdrawn by the applicant.
1[(5) Any person other than an assessee, may also make an application to the Settlement Commission
in respect of a show-cause notice issued to him in a case relating to the assessee which has been settled or
is pending before the Settlement Commission and such notice is pending before an adjudicating authority,
in such manner and subject to such conditions, as may be prescribed.]]
2[ 3[32F. Procedure on receipt of an application under Section 32E.—(1) On receipt of an
application under [4][* * *] Section 32E, the Settlement Commission shall, within seven days from the date
of receipt of the application, issue a notice to the applicant to explain in writing as to why the application
made by him should be allowed to be proceeded with, and after taking into consideration the explanation
provided by the applicant, the Settlement Commission, shall, within a period of fourteen days from the date
of the notice, by an order, allow the application to be proceeded with, or reject the application as the case
may be, and the proceedings before the Settlement Commission shall abate on the date of rejection:
Provided that where no notice has been issued or no order has been passed within the aforesaid period
by the Settlement Commission, the application shall be deemed to have been allowed to be proceeded with.
(2) A copy of every order under sub-section (1), shall be sent to the applicant and to the [5][Principal
Commissioner of Central Excise or Commissioner of Central Excise] having jurisdiction.
(3) Where an application is allowed or deemed to have been allowed to be proceeded with under
sub-section (1), the Settlement Commission shall, within seven days from the date of order under
sub-section (1), call for a report along with the relevant records from the [5][Principal Commissioner of
Central Excise or Commissioner of Central Excise] having jurisdiction and the Commissioner shall furnish
the report within a period of thirty days of the receipt of communication from the Settlement Commission:
Provided that where the Commissioner does not furnish the report within the aforesaid period of
thirty days, the Settlement Commission shall proceed further in the matter without the report of the
Commissioner.
(4) Where a report of the Commissioner called for under sub-section (3) has been furnished within the
period specified in that sub-section, the Settlement Commission may, after examination of such report, if it
is of the opinion that any further enquiry or investigation in the matter is necessary, direct, for reasons to
1. Ins. by Act 7 of 2017, s. 117.
2. Ins. by Act 21 of 1998, s. 110 (w.e.f. 1-8-1998).
3. Subs. by Act 22 of 2007, s. 122, for “section 32F” (w.e.f. 1-6-2007).
4. The word “sub-section (1) of” omitted by Act 7 of 2017, s. 118(i).
5. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
57
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be recorded in writing, the Commissioner (Investigation) within fifteen days of the receipt of the report, to
make or cause to be made such further enquiry or investigation and furnish a report within a period of ninety
days of the receipt of the communication from the Settlement Commission, on the matters covered by the
application and any other matter relating to the case:]
Provided that where the Commissioner (Investigation) does not furnish the report within the
aforesaid period, the Settlement Commission shall proceed to pass an order under sub-section (5)
without such report.
(5) After examination of the records and the report of the [1][Principal Commissioner of Central Excise
or Commissioner of Central Excise] received under sub-section (3), and the report, if any, of the
Commissioner (Investigation) of the Settlement Commission under sub-section (4), and after giving an
opportunity to the applicant and to the [1][Principal Commissioner of Central Excise or Commissioner of
Central Excise] having jurisdiction to be heard, either in person or through a representative duly authorised
in this behalf, and after examining such further evidence as may be placed before it or obtained by it, the
Settlement Commission may, in accordance with the provisions of this Act, pass such order as it thinks fit
on the matters covered by the application and any other matter relating to the case not covered by the
application, but referred to in the report of the [1][Principal Commissioner of Central Excise or Commissioner
of Central Excise] and Commissioner (Investigation) under sub-section (3) or sub-section (4).
2[(5A) The Settlement Commission may, at any time within three months from the date of passing of
the order under sub-section (5), amend such order to rectify any error apparent on the face of record, either
_suo motu or when such error is brought to its notice by the jurisdictional Principal Commissioner of Central_
Excise or Commissioner of Central Excise or the applicant:
Provided that no amendment which has the effect of enhancing the liability of the applicant shall
be made under this sub-section, unless the Settlement Commission has given notice of such intention
to the applicant and the jurisdictional Principal Commissioner of Central Excise or Commissioner of
Central Excise as the case may be, and has given them a reasonable opportunity of being heard.]
(6) An order under sub-section (5) shall not be passed in respect of an application filed [3][* * *] after
nine months from the last day of the month in which the application was made, failing which the settlement
proceedings shall abate, and the adjudicating authority before whom the proceeding at the time of making
the application was pending, shall dispose of the case in accordance with the provisions of this Act as if no
application under Section 32-E had been made:
1. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
2. Ins. by Act 7 of 2017, s. 118(ii).
3. The words “on or before the 31st day of May, 2007, later than the 29th day of February, 2008 and in respect of an application
made on or after the 1st day of June, 2007,” omitted by Act 20 of 2015, s. 99.
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1[Provided that the period specified under this sub-section may, for reasons to be recorded in writing,
be extended by the Settlement Commission for a further period not exceeding three months.]
(7) Subject to the provisions of Section 32A, the materials brought on record before the Settlement
Commission shall be considered by the Members of the concerned Bench before passing any order under
sub-section (5) and, in relation to the passing of such order, the provisions of Section 32D shall apply.
(8) The order passed under sub-section (5) shall provide for the terms of settlement including any
demand by way of duty, penalty or interest, the manner in which any sums due under the settlement shall
be paid and all other matters to make the settlement effective and in case of rejection contain the reasons
therefor and it shall also provide that the settlement shall be void if it is subsequently found by the
Settlement Commission that it has been obtained by fraud or misrepresentation of facts:
Provided that the amount of settlement ordered by the Settlement Commission shall not be less
than the duty liability admitted by the applicant under Section 32E.
(9) Where any duty, interest, fine and penalty payable in pursuance of an order under sub-section (5),
is not paid by the assessee within thirty days of receipt of a copy of the order by him, the amount which
remains unpaid, shall be recovered along with interest due thereon, as the sums due to the Central
Government by the Central Excise Officer having jurisdiction over the assessee in accordance with the
provisions of Section 11.
(10) Where a settlement becomes void as provided under sub-section (8), the proceedings with respect
to the matters covered by the settlement shall be deemed to have been revived from the stage at which the
application was allowed to be proceeded with by the Settlement Commission and the Central Excise Officer
having jurisdiction may, notwithstanding anything contained in any other provision of this Act, complete
such proceedings at any time before the expiry of two years from the date of the receipt of communication
that the settlement became void.]
2[32G. Power of Settlement Commission to order provisional attachment to protect revenue.—
Where, during the pendency of any proceeding before it, the Settlement Commission is of the opinion that
for the purpose of protecting the interests of revenue it is necessary so to do, it may, by order, attach
provisionally any property belonging to the applicant in the manner as may be prescribed.
(2) Every provisional attachment made by the Settlement Commission under sub-section (1) shall cease
to have effect from the date, the sums due to the Central Government for which such attachment is made
are discharged by the applicant and evidence to that effect is submitted to the Settlement Commission.]
1. Ins. by Act 14 of 2010, s. 66.
2. Ins. by Act 21 of 1998, s. 110 (w.e.f. 1-8-1998).
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1[32H. [Power of Settlement Commission to reopen completed proceedings.]—Omitted by Finance
_Act 2015 (Act 20 of 2015), s. 100.]_
1[32I. Powers and procedure of Settlement Commission.—(1) In addition to the powers conferred
on the Settlement Commission under this Chapter, it shall have all the powers which are vested in a Central
Excise Officer under this Act or the rules made thereunder.
(2) Where an application made under Section 32E has been allowed to be proceeded with under Section
32F, the Settlement Commission shall, until an order is passed under sub-section [2][(5)] of Section 32F,
have, subject to the provisions of sub-section [3][(4)] of that section, exclusive jurisdiction to exercise the
powers and perform the functions of any Central Excise Officer, under this Act in relation to the case.
(3) In the absence of any express direction by the Settlement Commission to the contrary, nothing in
this Chapter shall affect the operation of the provisions of this Act in so far as they relate to any matters
other upon those before the Settlement Commission.
(4) The Settlement Commission shall, subject to the provisions of this Chapter, have power to regulate
its own procedure and the procedure of Benches thereof in all matters arising out of the exercise of its
powers, or of the discharge of its functions, including the places at which the Benches shall hold their
sittings.]
1[32J. Inspection, etc., of reports.—No person shall be entitled to inspect, or obtain copies of, any
report made by any Central Excise Officer to the Settlement Commission; but the Settlement Commission
may, in its discretion furnish copies thereof to any such person on an application made to it in this behalf
and on payment of the prescribed fee:
Provided that, for the purpose of enabling any person whose case is under consideration to rebut any
evidence brought on record against him in any such report, the Settlement Commission shall, on an
application made in this behalf, and on payment of the prescribed fee by such person, furnish him with a
certified copy of any such report or part thereof relevant for the purpose.]
1 [32K. Power of Settlement Commission to grant immunity from prosecution and penalty.—The
Settlement Commission may, if it is satisfied that any person who made the application for settlement under
Section 32E has cooperated with the Settlement Commission in the proceedings before it and has made a
full and true disclosure of his duty liability, grant to such person, subject to such conditions as it may think
fit to impose, immunity from prosecution for any offence under this Act [4][and also either wholly or in part
1. Ins. by Act 21 of 1998, s. 110 (w.e.f. 1-8-1998).
2. Subs. by Act 22 of 2007, s. 124 (w.e.f. 1-6-2007), for “(7)”.
3. Subs. by ibid, s. 124 (w.e.f. 1-6-2007), for “(6)”.
4. Subs. by ibid, s. 125, for “or under the Indian Penal Code (45 of 1860) or under any other Central Act for the time being in
force and also either wholly or in part from the imposition of any penalty, fine and interest” (w.e.f. 1-6-2007).
60
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from the imposition of any penalty and fine] under this Act, with respect to the case covered by the
settlement:
Provided that no such immunity shall be granted by the Settlement Commission in cases where the
proceedings for the prosecution for any such offence have been instituted before the date of receipt of the
application under Section 32E.
1[* * *]
(2) An immunity granted to a person under sub-section (1) shall stand withdrawn if such person fails
to pay any sum specified in the order of the settlement passed under [2][sub-section (5) of Section 32-F within
the time specified in such order], or fails to comply with any other condition subject to which the immunity
was granted and thereupon the provisions of this Act shall apply as if such immunity had not been granted.
(3) An immunity granted to a person under sub-section (1) may, at any time, be withdrawn by the
Settlement Commission, if it is satisfied that such person had, in the course of the settlement proceedings,
concealed any particular material to the settlement or had given false evidence, and thereupon such person
may be tried for the offence with respect to which the immunity was granted or for any other offence of
which he appears to have been guilty in connection with the settlement and shall also become liable to the
imposition of any penalty under this Act to which such person would have been liable, had no such
immunity been granted.]
3[32L. Power of Settlement Commission to send a case back to the Central Excise Officer.—(1)
The Settlement Commission may, if it is of opinion that any person who made an application for settlement
under Section 32E has not cooperated with the Settlement Commission in the proceedings before it, send
the case back to the Central Excise Officer having jurisdiction who shall thereupon dispose of the case in
accordance with the provisions of this Act as if no application under Section 32E had been made.
(2) For the purpose of sub-section (1), the Central Excise Officer shall be entitled to use all the materials
and other information produced by the assessee before the Settlement Commission or the results of the
inquiry held or evidence recorded by the Settlement Commission in the course of the proceedings before it
as if such materials, information, inquiry and evidence had been produced before such Central Excise
Officer or held or recorded by him in the course of the proceedings before him.
(3) For the purposes of the time-limit under Section 11A and for the purposes of interest under
Section 11BB, in a case referred to in sub-section (1), the period commencing on and from the date of the
application to the Settlement Commission under Section 32E and ending with the date of receipt by the
1. Explanation omitted by Act 20 of 2015, S. 101.
2. Subs. by Act 22 of 2007, s. 125, for “sub-section (7) of section 32F within the time specified in such order or within such
further time as may be allowed by the Settlement Commission” (w.e.f. 1-6-2007),
3. Ins. by Act 21 of 1998, s. 110 (w.e.f. 1-8-1998).
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Central Excise Officer of the order of the Settlement Commission sending the case back to the Central
Excise Officer shall be excluded.]
1[32M. Order of settlement to be conclusive.—Every order of settlement passed under
sub-section [2][(5)] of Section 32-F shall be conclusive as to the matters stated therein and no matter covered
by such order shall, save as otherwise provided in this Chapter, be reopened in any proceeding under this
Act or under any other law for the time being in force.]
1[32N. Recovery of sums due under order of settlement.—Any sum specified in an order of
settlement passed under sub-section [2][(5)] of Section 32-F may, subject to such conditions if any, as may
be specified therein, be recovered, and any penalty for default in making payment of such sum may be
imposed and recovered as sums due to the Central Government in accordance with the provisions under
Section 11 by the Central Excise Officer having jurisdiction over the person who made the application for
settlement under Section 32E.]
1[32O. Bar on subsequent application for settlement in certain cases.— 3[(1)] 4[Where, 5[* * *]]—
(i) an order of settlement [6][* * *] provides for the imposition of a penalty on the person who made
the application under Section 32E for settlement, on the ground of concealment of particulars of his
duty liability; or
7[Explanation.—In this clause, the concealment of particulars of duty liability relates to any such
concealment made from the Central Excise Officer.]
(ii) after the passing of an order of settlement [8][* * *] in relation to a case, such person is convicted
of any offence under this Act in relation to that case; or
(iii) the case of such person is sent back to the Central Excise Officer having jurisdiction by the
Settlement Commission under Section 32-L,
then, he shall not be entitled to apply for settlement under Section 32-E in relation to any other
matter.
(2) [9][* * *]]
1. Ins. by Act 21 of 1998, s. 110 (w.e.f. 1-8-1998).
2. Subs. by Act 22 of 2007, s. 126, for “(7)” (w.e.f. 1-6-2007),.
3. Renumbered by ibid, s. 128.
4. Subs. by ibid, s. 128, for “Where”.
5. The words “before the 1st day of June, 2007” Omitted by Act 14 of 2010, S. 67(a)(i).
6. The words “passed under sub-section (7) of Section 32-F, as it stood immediately before the commencement of Section 122 of
the Finance Act, 2007 (22 of 2007) or sub-section (5) of Section 32-F” omitted by Act 20 of 2015, s. 102(a).
7. Ins. by Act 25 of 2014, s. 101.
8. The words “under the said sub-section (7), as it stood immediately before the commencement of Section 122 of the Finance
Act, 2007 (22 of 2007) or sub-section (5) of Section 32-F” omitted by Act 20 of 2015, s. 102(b).
9. Ins. by Act 22 of 2007, s. 128 and omitted by Act 14 of 2010, s. 67(b).
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1[32P. Proceedings before Settlement Commission to be judicial proceedings.—Any proceedings
under this Chapter before the Settlement Commission shall be deemed to be a judicial proceeding within
the meaning of Sections 193 and 228, and for the purposes of Section 196 of the Indian Penal Code.]
**32PA. [Certain persons who have filed appeals to the Appellate Tribunal entitled to make**
**applications to the Settlement Commission.]— Omitted by Finance Act 2007 (22 of 2007), s. 129 (w.e.f.**
1-6-2007).
CHAPTER VI
ADJUDICATION OF CONFISCATIONS AND PENALTIES
**33. Power of adjudication.— [2][Where under this Act or by the rules made thereunder] anything is**
liable to confiscation or any person is liable to a penalty, such confiscation or penalty may be adjudged—
(a) without limit, by a [3][Principal Commissioner of Central Excise or Commissioner of Central
Excise];
(b) up to confiscation of goods not exceeding five hundred rupees in value and imposition of penalty
not exceeding two hundred and fifty rupees, by an Assistant [3][Principal Commissioner of Central
Excise or Commissioner of Central Excise] [4][or Deputy [3][Principal Commissioner of Central Excise or
Commissioner of Central Excise]]:
Provided that the [5][Central Board of Excise and Customs constituted under the Central Boards of
Revenue Act, 1963 (54 of 1963)], may, in the case of any officer performing the duties of an
Assistant [3][Principal Commissioner of Central Excise or Commissioner of Central Excise], reduce the
limits indicated in clause (b) of this section, and may confer on any officer the powers indicated in
clause (a) or (b) of this section.
6[33A. Adjudication procedure.—(1) The adjudicating authority shall, in any proceeding under this
chapter or any other provision of this Act, give an opportunity of being heard to a party in a proceeding, if
the party so desires.
(2) The adjudicating authority may, if sufficient cause is shown, at any stage of proceeding referred to
in sub-section (1), grant time, from time to time, to the parties or any of them and adjourn the hearing for
reasons to be recorded in writing:
1. Ins. by Act 21 of 1998, s. 110 (w.e.f. 1-8-1998).
2. Subs. by Act 27 of 1999, s. 125, for “Where by the rules made under this Act” (w.e.f. 11-5-1999).
3. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
4. Ins. by Act 27 of 1999, s. 119.
5. Subs. by Act 54 of 1963, s. 5, for “Central Board of Revenue” (w.e.f. 1-1-1964).
6. Ins. by Act 23 of 2004, s. 81.
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Provided that no such adjournment shall be granted more than three times to a party during the
proceeding.]
**34. Option to pay fine in lieu of confiscation.—Wherever confiscation is adjudged under this Act or**
the rules made thereunder, the officer adjudging it, shall give the owner of the goods an option to pay in
lieu of confiscation such fine as the officer thinks fit.
1[34A. Confiscation or penalty not to interfere with other punishments.—No confiscation made or
penalty imposed under the provisions of this Act or of any rule made thereunder shall prevent the infliction
of any other punishment to which the person affected thereby is liable under the provisions of this Act or
under any other law.]
2[CHAPTER VIA
[APPEALS](https://www.scconline.com/Members/BrowseResult.aspx#BC018)
**35. Appeals to** **[3][Commissioner (Appeals).—(1) Any person aggrieved by any decision or order**
passed under this Act by a Central Excise Officer, lower in rank than a [4][Principal Commissioner of Central
Excise or Commissioner of Central Excise], may appeal to the [4][Principal Commissioner of Central Excise
or Commissioner of Central Excise] (Appeals) [hereafter in this Chapter referred to as the [3][Commissioner
(Appeals)]] [5][within sixty days] from the date of the communication to him of such decision or order:
6[Provided that the Commissioner (Appeals) may, if he is satisfied that the appellant was prevented
by sufficient cause from presenting the appeal within the aforesaid period of sixty days, allow it to be
presented within a further period of thirty days].
7[(1A) The Commissioner (Appeals) may, if sufficient cause is shown, at any stage of hearing of an
appeal, grant time, from time to time, to the parties or any of them and adjourn the hearing of the appeal
for reasons to be recorded in writing:
Provided that no such adjournment shall be granted more than three times to a party during hearing
of the appeal.]
(2) Every appeal under this section shall be in the prescribed form and shall be verified in the prescribed
manner.
1. Ins. by Act 36 of 1973, s. 22, (w.e.f. 1-9-1973).
2. Subs. by Act 44 of 1980, s. 50 and Schedule V, Pt. II-2, for sections 35, 35A and 36 (w.e.f. 11-10-1982).
3. Substituted by Act 22 of 1995, s. 70, for “Collector (Appeals)” (w.e.f. 26-5-1995).
4. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
5. Subs. by Act 14 of 2001, s. 127, for “with three months” (w.e.f. 11-5-2001).
6. Subs. by ibid., s. 127, for proviso (w.e.f. 11-5-2001).
7. Ins. by Act 23 of 2004, s. 82 (w.e.f. 10-9-2004).
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**35A. Procedure in appeal.—(1) The** [1][Commissioner (Appeals)] shall give an opportunity to the
appellant to be heard, if he so desires.
(2) The [1][Commissioner (Appeals)] may, at the hearing of an appeal, allow an appellant to go into any
ground of appeal not specified in the grounds of appeal, if the [1][Commissioner (Appeals)] is satisfied that
the omission of that ground from the grounds of appeal was not wilful or unreasonable.
(3) [2][The Commissioner (Appeals) shall, after making such further inquiry as may be necessary, pass
such order, as he thinks just and proper, confirming, modifying or annulling the decision or order appealed
against:]
Provided that an order enhancing any penalty or fine in lieu of confiscation or confiscating goods
of greater value or reducing the amount of refund shall not be passed unless the appellant has been
given a reasonable opportunity of showing cause against the proposed order:
Provided further that where the [1][Commissioner (Appeals)] is of opinion that any duty of excise
has not been levied or paid or has been short-levied or short-paid or erroneously refunded, no order
requiring the appellant to pay any duty not levied or paid, short-levied or short-paid or erroneously
refunded shall be passed unless the appellant is given notice within the time-limit specified in Section
11A to show cause against the proposed order.
(4) The order of the [1][Commissioner (Appeals)] disposing of the appeal shall be in writing and shall
state the points for determination, the decision thereon and the reasons for the decision.
[3][(4A) The Commissioner (Appeals) shall, where it is possible to do so, hear and decide every appeal
within a period of six months from the date on which it is filed.]
(5) On the disposal of the appeal, the [1][Commissioner (Appeals)] shall communicate the order passed
by him to the appellant, the adjudicating authority [4][, the [5][Principal Chief Commissioner of Central Excise
or Chief Commissioner of Central Excise]] and the [6][Principal Commissioner of Central Excise or
Commissioner of Central Excise].
**35B. Appeals to the Appellate Tribunal.—(1) Any person aggrieved by any of the following orders**
may appeal to the Appellate Tribunal against such order—
(a) a decision or order passed by the [6][Principal Commissioner of Central Excise or Commissioner
of Central Excise] as an adjudicating authority;
1. Substituted by Act 22 of 1995, Section 70, for “Collector (Appeals)” (w.e.f. 26-5-1995).
2. Subs. by Act 14 of 2001, s. 128(a), for certain words (w.e.f. 11-5-2001).
3. Ins. by ibid., s. 128(b) (w.e.f. 11-5-2001).
4. Ins. by Act 18 of 2005, s. 78.
5. Subs. by Act 25 of 2014, s. 95, for “Chief Commissioner of Central Excise”.
6. Subs. by ibid., s. 95, for “Commissioner of Central Excise”.
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(b) an order passed by the [1][Commissioner (Appeals)] under Section 35-A;
(c) an order passed by the Central Board of Excise and Customs constituted under the Central
Boards of Revenue Act, 1963 (54 of 1963) (hereafter in this Chapter referred to as the Board) or the
Appellate [2][Principal Commissioner of Central Excise or Commissioner of Central Excise] under
Section 35, as it stood immediately before the appointed day;
(d) an order passed by the Board or the [2][Principal Commissioner of Central Excise or
Commissioner of Central Excise], either before or after the appointed day, under Section 35-A, as it
stood immediately before that day:
3[Provided that no appeal shall lie to the Appellate Tribunal and the Appellate Tribunal shall not
have jurisdiction to decide any appeal in respect of any order referred to in clause (b) if such order
relates to,—
(a) a case of loss of goods, where the loss occurs in transit from a factory to a warehouse or to
another factory, or from one warehouse to another, or during the course of processing of the goods in
a warehouse or in storage, whether in a factory or in a warehouse;
(b) a rebate of duty of excise on goods exported to any country or territory outside India or on
excisable materials used in the manufacture of goods which are exported to any country or territory
outside India;
(c) goods exported outside India (except to Nepal or Bhutan) without payment of duty;
4[(d) credit of any duty allowed to be utilised towards payment of excise duty on final products
under the provisions of this Act or the rules made thereunder and such order is passed by the
Commissioner (Appeals) on or after the date appointed under Section 109 of the Finance (No. 2) Act,
1998:]
Provided further that] the Appellate Tribunal may, in its discretion, refuse to admit an appeal in
respect of an order referred to in clause (b) or clause (c) or clause (d) where—
(i) in any disputed case, other than a case where the determination of any question having a relation
to the rate of duty of excise or to the value of goods for purposes of assessment is in issue or is one of
the points in issue, the difference in duty involved or the duty involved; or
(ii) the amount of fine or penalty determined by such order, does not exceed [5][two lakh rupees].
6[(1A) Every appeal against any order of the nature referred to in the first proviso to sub-section (1),
which is pending immediately before the commencement of Section 47 of the Finance Act, 1984, before
1. Subs. by Act 22 of 1995, Section 70, for “Collector (Appeals)” (w.e.f. 26-5-1995).
2. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
3. Subs. by Act 21 of 1984, s. 47, for “Provided that” (w.e.f. 11-5-1984).
4. Ins. by Act 21 of 1998, s. 109 (w.e.f. 1-8-1998).
5. Subs. by Act 25 of 2014, s. 102(a), for “fifty thousand rupees”.
6. Ins. by Act 21 of 1984, s. 47(b) (w.e.f. 11-5-1984).
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the Appellate Tribunal and any matter arising out of, or connected with, such appeal and which is so pending
shall stand transferred on such commencement to the Central Government, and the Central Government
shall deal with such appeal or matter under Section 35-EE as if such appeal or matter were an application
or a matter arising out of an application made to it under that section.]
1[(1B) (i) The Central Board of Excise and Customs constituted under the Central Boards of Revenue
Act, 1963 (54 of 1963) may, [2][by order], constitute such Committees as may be necessary for the purposes
of this Act.
(ii) Every Committee constituted under clause (i) shall consist of two [3][Principal Chief Commissioner
of Central Excise or Chief Commissioner of Central Excise] or two [4][Principal Commissioner of Central
Excise or Commissioner of Central Excise], as the case may be.]
5[(2) 6[The Committee of Commissioners of Central Excise may, if it is] is of opinion that an order
passed by the Appellate [4][Principal Commissioner of Central Excise or Commissioner of Central Excise]
under Section 35, as it stood immediately before the appointed day, or the [7][Commissioner (Appeals)] under
Section 35-A, is not legal or proper, direct any Central Excise Officer authorised by him in this behalf
(hereafter in this Chapter referred to as the authorised officer) to appeal [8][on its behalf] to the Appellate
Tribunal against such order.]
9[Provided that where the Committee of 4[Principal Commissioner of Central Excise or Commissioner
of Central Excise] differs in its opinion regarding the appeal against the order of the Commissioner
(Appeals), it shall state the point or points on which it differs and make a reference to the
jurisdictional [3][Principal Chief Commissioner of Central Excise or Chief Commissioner of Central Excise]
who shall, after considering the facts of the order, if is of the opinion that the order passed by the
Commissioner (Appeals) is not legal or proper, direct any Central Excise Officer to appeal to the Appellate
Tribunal against such order.
_Explanation.—For the purposes of this sub-section, “jurisdictional Chief Commissioner” means_
the [3][Principal Chief Commissioner of Central Excise or Chief Commissioner of Central Excise] having
jurisdiction over the adjudicating authority in the matter.]
1. Ins. by Act 18 of 2005, s. 79.
2. Subs. by Act 25 of 2014, s. 102(b), for “by notification in the Official Gazette”.
3. Subs. by ibid, s. 95, for “Chief Commissioner of Central Excise”.
4. Subs. by ibid, s. 95, for “Commissioner of Central Excise”.
5. Subs. by Act 62 of 1986, s. 34(a)(i), for sub-section (2).
6. Subs. by Act 18 of 2005, s. 79, for “The Commissioner of Central Excise may, if he is”.
7. Subs. by Act 22 of 1995, s. 70, for “Collector (Appeals)” (w.e.f. 26-5-1995).
8. Subs. by Act 18 of 2005, s. 79(a)(ii), for “on his behalf”.
9. Ins. by Act 18 of 2008, s. 83.
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(3) Every appeal under this section shall be filed within three months from the date on which the order
sought to be appealed against is communicated to the [1][Principal Commissioner of Central Excise or
Commissioner of Central Excise], or, as the case may be, the other party preferring the appeal.
(4) On receipt of notice that an appeal has been preferred under this section, the party against whom
the appeal has been preferred may, notwithstanding that he may not have appealed against such order or
any part thereof, file, within forty-five days of the receipt of the notice, a memorandum of cross-objections
verified in the prescribed manner against any part of the order appealed against and such memorandum
shall be disposed of by the Appellate Tribunal as if it were an appeal presented within the time specified in
sub-section (3).
(5) The Appellate Tribunal may admit an appeal or permit the filing of a memorandum of cross
objections after the expiry of the relevant period referred to in sub-section (3) or sub-section (4), if it is
satisfied that there was sufficient cause for not presenting it within that period.
2[(6) An appeal to the Appellate Tribunal shall be in the prescribed form and shall be verified in the
prescribed manner and shall, irrespective of the date of demand of duty and interest or of levy of penalty in
relation to which the appeal is made, be accompanied by a fee of,—
(a) where the amount of duty and interest demanded and penalty levied by any Central Excise
Officer in the case to which the appeal relates is five lakh rupees or less, one thousand rupees;
(b) where the amount of duty and interest demanded and penalty levied by any Central Excise
Officer in the case to which the appeal relates is more than five lakh rupees but not exceeding fifty lakh
rupees, five thousand rupees;
(c) where the amount of duty and interest demanded and penalty levied by any Central Excise
Officer in the case to which the appeal relates is more than fifty lakh rupees, ten thousand rupees:
Provided that no such fee shall be payable in the case of an appeal referred to in
sub-section (2) or a memorandum of cross-objections referred to in sub-section (4).
(7) Every application made before the Appellate Tribunal,—
(a) in an appeal [3][* * *] for rectification of mistake or for any other purpose; or
(b) for restoration of an appeal or an application,
shall be accompanied by a fee of five hundred rupees:
1. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
2. Subs. by Act 23 of 2004, s. 83, for sub-section (6) (w.e.f. 1-11-2004).
3. The word “for grant of stay or” omitted by Act 25 of 2014, s. 102(c).
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Provided that no such fee shall be payable in the case of an application filed by or on behalf of
the [1][Principal Commissioner of Central Excise or Commissioner of Central Excise] under this
sub-section.]
**35C. Orders of Appellate Tribunal.—(1) The Appellate Tribunal may, after giving the parties to the**
appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or
annulling the decision or order appealed against or may refer the case back to the authority which passed
such decision or order with such directions as the Appellate Tribunal may think fit, for a fresh adjudication
or decision, as the case may be, after taking additional evidence, if necessary.
2[(1A) The Appellate Tribunal may, if sufficient cause is shown, at any stage of hearing of an appeal,
grant time, from time to time, to the parties or any of them and adjourn the hearing of the appeal for reasons
to be recorded in writing:
Provided that no such adjournment shall be granted more than three times to a party during hearing
of the appeal.]
(2) The Appellate Tribunal may, at any time within [3][six months] from the date of the order, with a
view to rectifying any mistake apparent from the record, amend any order passed by it under
sub-section (1) and shall make such amendments if the mistake is brought to its notice by the [1][Principal
Commissioner of Central Excise or Commissioner of Central Excise] or the other party to the appeal:
Provided that an amendment which has the effect of enhancing an assessment or reducing a refund
or otherwise increasing the liability of the other party, shall not be made under this sub-section, unless
the Appellate Tribunal has given notice to him of its intention to do so and has allowed him a reasonable
opportunity of being heard.
4[(2A) The Appellate Tribunal shall, where it is possible to do so, hear and decide every appeal within
a period of three years from the date on which such appeal is filed:
5[* * *]
(3) The Appellate Tribunal shall send a copy of every order passed under this section to the [1][Principal
Commissioner of Central Excise or Commissioner of Central Excise] and the other party to the appeal.
1. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
2. Ins. by Act 23 of 2004, s. 84.
3. Subs. by Act 20 of 2002, s. 140(i), for “four years”.
4. Ins. by ibid, s. 140(ii).
5. First, Second & Third Proviso omitted by Act 25 of 2014, s. 103.
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(4) [1][Save as provided in the National Tax Tribunal Act, 2005] orders passed by the Appellate Tribunal
on appeal shall be final.
**35D. Procedure of Appellate Tribunal.—(1) The provisions of sub-sections (1), (2), (5) and (6) of**
Section 129-C of the Customs Act, 1962 (52 of 1962), shall apply to the Appellate Tribunal in the discharge
of its functions under this Act as they apply to it in the discharge of its functions under the Customs Act,
1962 (52 of 1962).
(2) [2][* * *]
(3) The President or any other member of the Appellate Tribunal authorised in this behalf by the
President may, sitting singly, dispose of any case which has been allotted to the Bench of which he is a
member where—
(a) in any disputed case, other than a case where the determination of any question having a relation
to the rate of duty of excise or to the value of goods for purposes of assessment is in issue or is one of
the points in issue, the difference in duty involved or the duty involved; or
(b) the amount of fine or penalty involved, does not exceed [3][fifty lakh rupees].
**35E. Powers of** **[4][Committee of** **[5][Principal Chief Commissioner of Central Excise or Chief**
**Commissioners of Central Excise] or [6][Principal Commissioner of Central Excise or Commissioners**
**of Central Excise]] to pass certain orders.—(1) The [4][Committee of [5][Principal Chief Commissioners of**
Central Excise or Commissioner of Central Excise]] or may, of its own motion, call for and examine the
record of any proceeding in which a [6][Principal Commissioner of Central Excise or Commissioner of
Central Excise]] as an adjudicating authority has passed any decision or order under this Act for the purpose
of satisfying itself as to the legality or propriety of any such decision or order and may, by order, direct
such [7][Commissioner [8][or any other Commissioner]] to apply to the Appellate Tribunal [9][or, as the case
may be, the Customs and Excise Revenues Appellate Tribunal established under Section 3 of the Customs
and Excise Revenues Appellate Tribunal Act, 1986] for the determination of such points arising out of the
decision or order as may be specified by the [4][Committee of [5][Principal Chief Commissioners of Central
Excise or Commissioner of Central Excise]] in its order:
1. Subs. by Act 49 of 2005, s. 30 and Sch. (Pt. VII-5), for “Save as provided in section 35G or section 35L” (w.e.f. 28-12-2005).
2. Sub-section (2) omitted by Act 22 of 1995, s. 77 (w.e.f. 26-5-1995).
3. Subs. by Act 17 of 2013, s. 99, for “ten lakh rupees” (w.e.f. 10-5-2013).
4. Subs. by Act 18 of 2005, s. 80, for “Board” (w.e.f. 13-5-2005).
5. Subs. by Act 25 of 2014, s. 95, for “Chief Commissioner of Central Excise” (w.e.f. 6-8-2014).
6. Subs. by ibid., s. 95, for “Commissioner of Central Excise” (w.e.f. 6-8-2014).
7. Subs. by Act 22 of 1995, s. 70, for “Collector” (w.e.f. 26-5-1995).
8. Ins. by Act 14 of 2001, s. 129.
9. Ins. by Act 62 of 1986, s. 34, w.e.f. the appointed day under that Act.
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1[Provided that where the Committee of 2[Principal Chief Commissioners of Central Excise or Chief
Commissioner of Central Excise] differs in its opinion as to the legality or propriety of the decision or order
of the [3][Principal Commissioner of Central Excise or Commissioner of Central Excise], it shall state the
point or points on which it differs and make a reference to the Board which, after considering the facts of
the decision or order, if is of the opinion that the decision or order passed by the [3][Principal Commissioner
of Central Excise or Commissioner of Central Excise] is not legal or proper, may, by order, direct such
Commissioner or any other Commissioner to apply to the Appellate Tribunal for the determination of such
points arising out of the decision or order, as may be specified in its order.]
(2) The [3][Principal Commissioner of Central Excise or Commissioner of Central Excise] may, of his
own motion, call for and examine the record of any proceeding in which an adjudicating authority
subordinate to him has passed any decision or order under this Act for the purpose of satisfying himself as
to the legality or propriety of any such decision or order and may, by order, direct [4][such authority or any
Central Excise Officer subordinate to him] to apply to the [5][Commissioner (Appeals)] for the determination
of such points arising out of the decision or order as may be specified by the [3][Principal Commissioner of
Central Excise or Commissioner of Central Excise] in his order.
6[(3) Every order under sub-section (1) or sub-section (2), as the case may be, shall be made within a
period of three months from the date of communication of the decision or order of the adjudicating
authority:]
7[Provided that the Board may, on sufficient cause being shown, extend the said period by another thirty
days.]
(4) Where in pursuance of an order under sub-section (1) or sub-section (2), the adjudicating authority
or the authorised officer makes an application to the Appellate Tribunal [8][or, as the case may be, the
Customs and Excise Revenues Appellate Tribunal established under Section 3 of the Customs and Excise
Revenues Appellate Tribunal Act, 1986] or the [5][Commissioner (Appeals)] within a period of [9][one month]
from the date of communication of the order under sub-section (1) or sub-section (2) to the adjudicating
authority, such application shall be heard by the Appellate Tribunal [8][or, as the case may be, the Customs
and Excise Revenues Appellate Tribunal established under Section 3 of the Customs and Excise Revenues
Appellate Tribunal Act, 1986] or the [5][Commissioner (Appeals)], as the case may be, as if such application
1. Ins. by Act 18 of 2008, s. 84(i).
2. Subs. by Act 25 of 2014, s. 95, for “Chief Commissioner of Central Excise” (w.e.f. 6-8-2014).
3. Subs. by ibid., s. 95, for “Commissioner of Central Excise” (w.e.f. 6-8-2014).
4. Subs. by Act 29 of 2006, s. 37, for “such authority”.
5. Subs. by Act 22 of 1995, s. 70, for “Collector (Appeals)” (w.e.f. 26-5-1995).
6. Subs. by Act 18 of 2008, s. 84(ii), for sub-section (3) (w.e.f. 10-5-2008).
7. Ins. by Act 25 of 2014, s. 104.
8. Ins. by Act 62 of 1986, s. 34, w.e.f. the appointed day under that Act.
9. Subs. by Act 22 of 2007, s. 130, for “three months”.
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were an appeal made against the decision or order of the adjudicating authority and the provisions of this
Act regarding appeals, including the provisions of sub-section (4) of Section 35-B, [1][or, as the case may be,
the provisions of the Customs and Excise Revenues Appellate Tribunal Act, 1986] shall, so far as may be,
apply to such application.
2[(5) The provisions of this section shall not apply to any decision or order in which the determination
of any question having a relation to the rate of duty of excise or to the value of goods for the purposes of
assessment of any duty is in issue or is one of the points in issue.
_Explanation.—For the purposes of this sub-section, the determination of a rate of duty in relation_
to any goods or valuation of any goods for the purposes of assessment of duty includes the
determination of a question—
(a) relating to the rate of duty of excise for the time being in force, whether under the Central Excise
Tariff Act, 1985 (5 of 1986), or under any other Central Act providing for the levy and collection of
any duty of excise, in relation to any goods on or after the 28th day of February, 1986; or
(b) relating to the value of goods for the purposes of assessment of any duty of excise in cases
where the assessment is made on or after the 28th day of February, 1986; or
or
(c) whether any goods are excisable goods or whether the rate of duty of excise on any goods is nil;
(d) whether any goods fall under a particular heading or sub-heading of the [3][First Schedule and
the Second Schedule] to the Central Excise Tariff Act, 1985 (5 of 1986), or the Additional Duties of
Excise (Goods of Special Importance) Act, 1957 (58 of 1957), or the Additional Duties of Excise
(Textiles and Textile Articles) Act, 1978 (40 of 1978), or that any goods are or not covered by a
particular notification or order issued by the Central Government or the Board, as the case may be,
granting total or partial exemption from duty; or
(e) whether the value of any goods for the purposes of assessment of duty of excise shall be
enhanced or reduced by the addition or reduction of the amounts in respect of such matters as are
specifically provided in this Act.]
4[35EA. Powers of revision of Board or 5[Principal Commissioner of Central Excise or
**Commissioner of Central Excise] in certain cases.—(1) The Board may, of its own motion or on the**
application of any aggrieved person or otherwise, call for and examine the record of any proceeding in
which a [5][Principal Commissioner of Central Excise or Commissioner of Central Excise] has passed any
decision or order [not being a decision or order passed under sub-section (2) of this section] of the nature
1. Ins. by Act 62 of 1986, s. 34, w.e.f. the appointed day under that Act.
2. Ins. by Act 29 of 1988, s. 11 (w.e.f. a date to be notified).
3. Subs. by Act 27 of 1999, s. 119, for “the Schedule”.
4. Ins. by Act 29 of 1988, s. 12 (w.e.f. a date to be notified).
5. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
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referred to in sub-section (5) of Section 35-E for the purpose of satisfying itself as to correctness, legality
or propriety of such decision or order and may pass such order thereon as it thinks fit.
(2) The [1][Principal Commissioner of Central Excise or Commissioner of Central Excise] may, of his
own motion or on the application of any aggrieved person or otherwise, call for and examine the record of
any proceeding in which an adjudicating authority subordinate to him has passed any decision or order of
the nature referred to in sub-section (5) of Section 35-E for the purpose of satisfying himself as to the
correctness, legality or propriety of such decision or order and may pass such order thereon as he thinks fit.
(3) (a) No decision or order under this section shall be made so as to prejudicially affect any person
unless such person is given a reasonable opportunity of making representation and if, he so desires, of being
heard in his defence.
(b) Where the Board or, as the case may be, the [1][Principal Commissioner of Central Excise or
Commissioner of Central Excise] is of the opinion that any duty of excise has not been levied or has been
short-levied or short-paid or erroneously refunded, no order requiring the affected person to pay any duty
not levied or paid, short-levied or short-paid or erroneously refunded shall be passed under this section
unless such person is given notice within the time-limit specified in Section 11-A to show cause against the
proposed order.
(4) No proceedings shall be initiated under sub-section (1) or sub-section (2) in respect of any decision
or order after the expiry of a period of six months from the date of communication of such decision or order:
Provided that in respect of any decision or order passed before the commencement of the Customs
and Central Excises Laws (Amendment) Act, 1988, the provisions of this sub-section shall have effect
as if for the words “six-months”, the words “one year” were substituted.
(5) Any person aggrieved by any decision or order passed under sub-section (1) or sub-section (2) may
appeal to the Customs and Excise Revenues Appellate Tribunal established under Section 3 of the Customs
and Excise Revenues Appellate Tribunal Act, 1986 (62 of 1986), against such decision or order.]
2[35EE. Revision by Central Government.— (1) The Central Government may, on the application of
any person aggrieved by any order passed under Section 35-A, where the order is of the nature referred to
in the first proviso to sub-section (1) of Section 35-B, annul or modify such order:
3[Provided that the Central Government may in its discretion, refuse to admit an application in respect
of an order where the amount of duty or fine or penalty, determined by such order does not exceed five
thousand rupees.]
1. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
2. Ins. by Act 21 of 1984, s. 50 (w.e.f. 11-5-1984).
3. Ins. by Act 27 of 1999, s. 126(a) (w.e.f. 11-5-1999).
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_Explanation.—For the purposes of this sub-section, “order passed under Section 35-A” includes an_
order passed under that section before the commencement of Section 47 of the Finance Act, 1984 (21
of 1984) against which an appeal has not been preferred before such commencement and could have
been, if the said section had not come into force, preferred after such commencement, to the Appellate
Tribunal.
1[(1A) The 2[Principal Commissioner of Central Excise or Commissioner of Central Excise] may, if he
is of the opinion that an order passed by the Commissioner (Appeals) under Section 35-A is not legal or
proper, direct the proper officer to make an application on his behalf to the Central Government for revision
of such order.]
(2) An application under sub-section (1) shall be made within three months from the date of the
communication to the applicant of the order against which the application is being made:
Provided that the Central Government may, if it is satisfied that the applicant was prevented by
sufficient cause from presenting the application within the aforesaid period of three months, allow it to
be presented within a further period of three months.
3[(3) An application under sub-section (1) shall be in such form and shall be verified in such manner as
may be specified by rules made in this behalf and shall be accompanied by a fee of,—
(a) two hundred rupees, where the amount of duty and interest demanded, fine or penalty levied by
any Central Excise Officer in the case to which the application relates is one lakh rupees or less;
(b) one thousand rupees, where the amount of duty and interest demanded, fine or penalty levied
by any Central Excise Officer in the case to which the application relates is more than one lakh rupees:
Provided that no such fee shall be payable in the case of an application referred to in sub-section
(1A).]
(4) The Central Government may, of its own motion, annul or modify any order referred to in
sub-section (1).
(5) No order enhancing any penalty or fine in lieu of confiscation or confiscating goods of greater value
shall be passed under this section,—
(a) in any case in which an order passed under Section 35A has enhanced any penalty or fine in
lieu of confiscation or has confiscated goods of greater value, and
(b) in any other case, unless the person affected by the proposed order has been given notice to
show cause against it within one year from the date of the order sought to be annulled or modified.
1. Ins. by Act 27 of 1999, s. 126(b) (w.e.f. 11-5-1999).
2. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
3. Subs. by Act 27 of 1999, s. 126(c), for sub-section (3) (w.e.f. 11-5-1999).
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(6) Where the Central Government is of opinion that any duty of excise has not been levied or has been
short-levied, no order levying or enhancing the duty shall be made under this section unless the person
affected by the proposed order is given notice to show cause against it within the time-limit specified in
Section 11A.]
1[35F. Deposit of certain percentage of duty demanded or penalty imposed before filing appeal.—
The Tribunal or the Commissioner (Appeals), as the case may be, shall not entertain any appeal—
(i) under sub-section (1) of Section 35, unless the appellant has deposited seven and a half per cent
of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in
dispute, in pursuance of a decision or an order passed by an officer of Central Excise lower in rank than
the [2][Principal Commissioner of Central Excise or Commissioner of Central Excise];
(ii) against the decision or order referred to in clause (a) of sub-section (1) of Section 35-B, unless
the appellant has deposited seven and a half per cent of the duty, in case where duty or duty and penalty
are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order
appealed against;
(iii) against the decision or order referred to in clause (b) of sub-section (1) of Section 35-B, unless
the appellant has deposited ten per cent of the duty, in case where duty or duty and penalty are in
dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed
against:
Provided that the amount required to be deposited under this section shall not exceed Rupees
Ten crores:
Provided further that the provisions of this section shall not apply to the stay applications and
appeals pending before any appellate authority prior to the commencement of the Finance (No. 2)
Act, 2014.
_Explanation.—For the purposes of this section “duty demanded” shall include,—_
(i) amount determined under Section 11D;
(ii) amount of erroneous CENVAT credit taken;
(iii) amount payable under Rule 6 of the CENVAT Credit Rules, 2001 or the CENVAT Credit
Rules, 2002 or the CENVAT Credit Rules, 2004.]
3[35FF. Interest on delayed refund of amount deposited under Section 35F.—Where an amount
deposited by the appellant under Section 35F is required to be refunded consequent upon the order of the
appellate authority, there shall be paid to the appellant interest at such rate, not below five per cent and not
1. Subs. by Act 25 of 2014, s. 105, for section 35F (w.e.f. 6-8-2014).
2. Subs. by ibid, s. 95, for “Commissioner of Central Excise”.
3. Subs. by ibid, s. 106, for section 35FF.
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exceeding thirty-six per cent per annum as is for the time being fixed by the Central Government, by
notification in the Official Gazette, on such amount from the date of payment of the amount till, the date of
refund of such amount:
Provided that the amount deposited under Section 35F, prior to the commencement of the Finance
(No. 2) Act, 2014, shall continue to be governed by the provisions of Section 35FF as it stood before
the commencement of the said Act.]
**35G. [Appeal to High Court].— Omitted by The National Tax Tribunal Act, 2005 (Act 49 of 2005), s.**
30 and Sch., Pt. VII-6 (w.e.f. 28-12-2005).
**35H. [Application to High Court.]— Omitted by ibid, s. 30 and Sch., Pt. VII-6 (w.e.f. 28-12-2005).**
**35I. [Power of High Court or Supreme Court to require statement to be amended.]— Omitted by**
_The National Tax Tribunal Act, 2005 (Act 49 of 2005), s. 30 and Sch., Pt. VII-6 (w.e.f. 28-12-2005)._
**35J. [Case before High Court to be heard by not less than two judges.]— Omitted by ibid, s. 30 and**
_Sch., Pt. VII-6 (w.e.f. 28-12-2005)._
**35K. Decision of High Court or Supreme Court on the case stated.—(1) The [1][* * *] Supreme Court**
hearing any such case shall decide the questions of law raised therein and shall deliver its judgment thereon
containing the grounds on which such decision is founded and a copy of the judgment shall be sent under
the seal of the Court and the signature of the Registrar to the Appellate Tribunal which shall pass such
orders as are necessary to dispose of the case in conformity with such judgment.
2[(1A) Where the High Court delivers a judgment in an appeal filed before it under Section 35G, effect
shall be given to the order passed on the appeal by the concerned Central Excise Officer on the basis of a
certified copy of the judgment.]
(2) The costs of any [3][reference to [4][***] an appeal to [4][* * *] the Supreme Court, [5][* * *]] which shall
not include the fee for making the reference shall be in the discretion of the Court.
**35L. Appeal to Supreme Court.— [6][(1)] An appeal shall lie to the Supreme Court from—**
7[(a) any judgment of the High Court delivered—
(i) in an appeal made under Section 35G; or
1. The words “High Court or the” omitted by Act 49 of 2005, s. 30 and Sch. (Pt. VII-7) (w.e.f. 28-12-2005).
2. Ins. by Act 32 of 2003, s. 146(a) (w.e.f. 1-7-2003).
3. Subs. by ibid, s. 146, for “reference to the High Court or the Supreme Court” (w.e.f. 14-5-2003).
4. The words “the High Court or” omitted by Act 49 of 2005, s. 30 and Sch. (Pt. VII-7(ii)(a)) (w.e.f. 28-12-2005).
5. The words “as the case may be” omitted by ibid, s. 30 and Sch. (Pt. VII-7(ii)(b)) (w.e.f. 28-12-2005).
6. Renumbered by Act 25 of 2014, s. 107.
7. Subs. by Act 32 of 2003, s. 147, for clause (a) (w.e.f. 14-5-2003).
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(ii) on a reference made under Section 35G by the Appellate Tribunal before the 1st day of July,
2003;
(iii) on reference made under Section 35H,
in any case which, on its own motion or on an oral application made by or on behalf of the party
aggrieved, immediately after the passing of the judgment, the High Court certifies to be a fit one for
appeal to the Supreme Court; or]
(b) any order passed [1][before the establishment of the National Tax Tribunal] by the Appellate
Tribunal relating, among other things, to the determination of any question having a relation to the rate
of duty of excise or to the value of goods for purposes of assessment.
2[(2) For the purposes of this Chapter, the determination of any question having a relation to the rate of
duty shall include the determination of taxability or excisability of goods for the purpose of assessment.]
**35M. Hearing before Supreme Court.—(1) The provisions of the Code of Civil Procedure, 1908, (5**
of 1908) relating to appeals to the Supreme Court shall, so far as may be, apply in the case of appeals under
Section 35L as they apply in the case of appeals from decrees of a High Court:
Provided that nothing in this sub-section shall be deemed to affect the provisions of sub-section (1)
of Section 35K or Section 35N.
(2) The costs of the appeal shall be in the discretion of the Supreme Court.
(3) Where the judgment of the High Court is varied or reversed in the appeal, effect shall be given to
the order of the Supreme Court in the manner provided in Section 35-K in the case of a judgment of the
High Court.
**35N. Sums due to be paid notwithstanding reference, etc.—Notwithstanding that a reference has**
been made to the High Court or the Supreme Court or an appeal has been preferred to the Supreme
Court [3][under this Act before the commencement of the National Tax Tribunal Act, 2005], sums due to the
Government as a result of an order passed under sub-section (1) of Section 35C shall be payable in
accordance with the order so passed.
**35O. Exclusion of time taken for copy.—In computing the period of limitation prescribed for an**
appeal or application under this Chapter, the day on which the order complained of was served, and if the
party preferring the appeal or making the application was not furnished with a copy of the order when the
notice of the order was served upon him, the time requisite for obtaining a copy of such order shall be
excluded.
1. Ins. by Act 49 of 2005, s. 30 and Sch. (Pt. VII-8) (w.e.f. 28-12-2005).
2. Ins. by Act 25 of 2014, s. 107.
3. Ins. by Act 49 of 2005, s. 30 and Sch. (Pt. VII-9) (w.e.f. 28-12-2005).
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**35P. Transfer of certain pending proceedings and transitional provisions.—(1) Every appeal which**
is pending immediately before the appointed day before the Board under Section 35, as it stood immediately
before that day, and any matter arising out of or connected with such appeal and which is so pending shall
stand transferred on that day to the Appellate Tribunal and the Appellate Tribunal may proceed with such
appeal or matter from the stage at which it was on that day:
Provided that the appellant may demand that before proceeding further with that appeal or matter,
he may be re-heard.
(2) Every proceeding which is pending immediately before the appointed day before the Central
Government under Section 36, as it stood immediately before that day, and any matter arising out of or
connected with such proceeding and which is so pending shall stand transferred on that day to the Appellate
Tribunal and the Appellate Tribunal may proceed with such proceeding or matter from the stage at which
it was on that day as if such proceeding or matter were an appeal filed before it:
Provided that if any such proceeding or matter relates to an order where—
(a) in any disputed case, other than a case where the determination of any question having a relation
to the rate of duty of excise or to the value of goods for purposes of assessment is in issue or is one of
the points in issue, the difference in duty involved or the duty involved; or
(b) the amount of fine or penalty determined by such order,
does not exceed ten thousand rupees, such proceeding or matter shall continue to be dealt with by the
Central Government as if the said Section 36 had not been substituted:
Provided further that the applicant or the other party may make a demand to the Appellate Tribunal
that before proceeding further with that proceeding or matter, he may be reheard.
(3) Every proceeding which is pending immediately before the appointed day before the Board or
the [1][Principal Commissioner of Central Excise or Commissioner of Central Excise] under Section 35-A,
as it stood immediately before that day, and any matter arising out of or connected with such proceeding
and which is so pending shall continue to be dealt with by the Board or the [1][Principal Commissioner of
Central Excise or Commissioner of Central Excise], as the case may be, as if the said section had not been
substituted.
(4) Any person who immediately before the appointed day was authorised to appear in any appeal or
proceeding transferred under sub-section (1) or sub-section (2) shall, notwithstanding anything contained
in Section 35-Q, have the right to appear before the Appellate Tribunal in relation to such appeal or
proceeding.
1. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
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**35Q. Appearance by authorised representative.—(1) Any person who is entitled or required to**
appear before a Central Excise Officer or the Appellate Tribunal in connection with any proceedings under
this Act, otherwise than when required under this Act to appear personally for examination on oath or
affirmation, may, subject to the other provisions of this section, appear by an authorised representative.
(2) For the purposes of this section, “authorised representative” means a person authorised by the person
referred to in sub-section (1) to appear on his behalf, being—
(a) his relative or regular employee; or
(b) any legal practitioner who is entitled to practise in any civil court in India; or
(c) any person who has acquired such qualifications as the Central Government may prescribe for
this purpose.
(3) Notwithstanding anything contained in this section, no person who was a member of the Indian
Customs and Central Excise Service—Group A and has retired or resigned from such Service after having
served for not less than three years in any capacity in that Service, shall be entitled to appear as an authorised
representative in any proceedings before a Central Excise Officer for a period of two years from the date
of his retirement or resignation, as the case may be.
(4) No person,—
(a) who has been dismissed or removed from Government service; or
(b) who is convicted of an offence connected with any proceeding under this Act, the Customs Act,
1962 (52 of 1962) or the Gold (Control) Act, 1968 (45 of 1968)[1] or
(c) who has become an insolvent,
shall be qualified to represent any person under sub-section (1), for all times in the case of a person
referred to in clause (a), and for such time as the [2][Principal Commissioner of Central Excise or
Commissioner of Central Excise] or the competent authority under the Customs Act, 1962 or the Gold
(Control) Act, 1968 (45 of 1968)[1], as the case may be, may, by order, determine in the case of a person
referred to in clause (b), and for the period during which the insolvency continues in the case of a person
referred to in clause (c).
(5) If any person,—
(a) who is a legal practitioner, is found guilty of misconduct in his professional capacity by any
authority entitled to institute proceedings against him, an order passed by that authority shall have effect
1. Repealed by Act 18 of 1990, s. 2.
2. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
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in relation to his right to appear before a Central Excise Officer or the Appellate Tribunal as it has in
relation to his right to practise as a legal practitioner;
(b) who is not a legal practitioner, is found guilty of misconduct in connection with any proceedings
under this Act by the prescribed authority, the prescribed authority may direct that he shall thenceforth
be disqualified to represent any person under sub-section (1).
(6) Any order or direction under clause (d) of sub-section (4) or clause (b) of sub-section (5) shall be
subject to the following conditions, namely:—
(a) no such order or direction shall be made in respect of any person unless he has been given a
reasonable opportunity of being heard;
(b) any person against whom any such order or direction is made may, within one month of the
making of the order or direction, appeal to the Board to have the order or direction cancelled; and
(c) no such order or direction shall take effect until the expiration of one month from the making
thereof, or, where an appeal has been preferred, until the disposal of the appeal.
1[35R. Appeal not to be filed in certain cases.—(1) The Central Board of Excise and Customs may,
from time to time, issue orders or instructions or directions fixing such monetary limits, as it may deem fit,
for the purposes of regulating the filing of appeal, application, revision or reference by the Central Excise
Officer under the provisions of this chapter.
(2) Where, in pursuance of the orders or instructions or directions, issued under sub-section (1), the
Central Excise Officer has not filed an appeal, application, revision or reference against any decision or
order passed under the provisions of this Act, it shall not preclude such Central Excise Officer from filing
appeal, application, revision or reference in any other case involving the same or similar issues or questions
of law.
(3) Notwithstanding the fact that no appeal, application, revision or reference has been filed by the
Central Excise Officer pursuant to the orders or instructions or directions issued under sub-section (1), no
person, being a party in appeal, application, revision or reference shall contend that the Central Excise
Officer has acquiesced in the decision on the disputed issue by not filing appeal, application, revision or
reference.
(4) [2][The Commissioner (Appeals) or the Appellate Tribunal or court] hearing such appeal, application,
revision or reference shall have regard to the circumstances under which appeal, application, revision or
reference was not filed by the Central Excise Officer in pursuance of the orders or instructions or directions
issued under sub-section (1).
1. Ins. by Act 8 of 2011, s. 69 (w.e.f. 8-4-2011).
2. Subs. by Act 25 of 2014, s. 108, for “The Appellate Tribunal or court”.
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(5) Every order or instruction or direction issued by the Central Board of Excise and Customs on or
after the 20th day of October, 2010, but before the date on which the Finance Bill, 2011 receives the assent
of the President, fixing monetary limits for filing of appeal, application, revision or reference shall be
deemed to have been issued under sub-section (1) and the provisions of sub-sections (2), (3) and (4) shall
apply accordingly.]
**36. Definitions.—In this Chapter—**
(a) “appointed day” means the date[1] of coming into force of the amendments to this Act specified
in Part II of the Fifth Schedule to the Finance (No. 2) Act, 1980 (44 of 1980);
(b) “High Court” means,—
(i) in relation to any State, the High Court for that State;
(ii) in relation to a Union Territory to which the jurisdiction of the High Court of a State has
been extended by law, that High Court;
(iii) in relation to the Union Territories of Dadra and Nagar Haveli and [2][Daman and Diu,] the
High Court at Bombay;
(iv) in relation to any other Union Territory, the highest court of civil appeal for that territory
other than the Supreme Court of India;
(c) “President” means the President of the Appellate Tribunal.]
3[CHAPTER VIB
PRESUMPTION AS TO DOCUMENTS]
4[36A. Presumption as to documents in certain cases.—Where any document is produced by any
person or has been seized from the custody or control of any person, in either case, under this Act or under
any other law and such document is tendered by the prosecution in evidence against him or against him and
any other person who is tried jointly with him, the Court shall,—
(a) unless the contrary is proved by such person, presume—
(i) the truth of the contents of such document;
(ii) that the signature and every other part of such document which purports to be in the
handwriting of any particular person or which the Court may reasonably assume to have been
signed by, or to be in the handwriting of, any particular person, is in that person's handwriting, and
1. Came into force on 11-10-1982 vide G.S.R. 592 (E), dated 11th October, 1982.
2. Subs. by Act 10 of 1989 the Goa, Daman & Diu Reorganisation Act, 1987 (w.e.f. 30-5-1987).
3. Chapter heading ins. by Act 44 of 1980, s. 5 (w.e.f. 11-10-1982).
4. Ins. by Act 36 of 1973, s. 23.
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in the case of a document executed or attested, that it was executed or attested by the person by
whom it purports to have been so executed or attested;
(b) admit the document in evidence, notwithstanding that it is not duly stamped, if such document
is otherwise admissible in evidence.]
1[36B. Admissibility of microfilms, facsimile copies of documents and computer printouts as
**documents and as evidence.—(1) Notwithstanding anything contained in any other law for the time being**
in force,—
(a) a microfilm of a document or the reproduction of the image or images embodied in such
microfilm (whether enlarged or not); or
(b) a facsimile copy of a document; or
(c) a statement contained in a document and included in a printed material produced by a computer
(hereinafter referred to as a “computer printout”), if the conditions mentioned in sub-section (2) and
the other provisions contained in this section are satisfied in relation to the statement and the computer
in question,
shall be deemed to be also a document for the purposes of this Act and the rules made thereunder
and shall be admissible in any proceedings thereunder, without further proof or production of the
original, as evidence of any contents of the original or of any fact stated therein of which direct evidence
would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer printout shall be the following,
namely:—
(a) the computer printout containing the statement was produced by the computer during the period
over which the computer was used regularly to store or process information for the purposes of any
activities regularly carried on over that period by the person having lawful control over the use of the
computer;
(b) during the said period, there was regularly supplied to the computer in the ordinary course of
the said activities, information of the kind contained in the statement or of the kind from which the
information so contained is derived;
(c) throughout the material part of the said period, the computer was operating properly or, if not,
then any respect in which it was not operating properly or was out of operation during that part of that
period was not such as to affect the production of the document or the accuracy of the contents; and
(d) the information contained in the statement reproduced or is derived from information supplied
to the computer in the ordinary course of the said activities.
1. Ins. by Act 29 of 1988, S. 13 (w.e.f. 1-7-1988).
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(3) Where over any period, the function of storing or processing information for the purposes of any
activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly
performed by computers, whether—
(a) by a combination of computers operating over that period; or
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period; or
(d) in any other manner involving the successive operation over that period, in whatever order, of
one or more computers and one or more combinations of computers,
all the computers used for that purpose during that period shall be treated for the purposes of this
section as constituting a single computer; and references in this section to a computer shall be construed
accordingly.
(4) In any proceedings under this Act and the rules made thereunder where it is desired to give a
statement in evidence by virtue of this section, a certificate doing any of the following things, that is to
say,—
(a) identifying the document containing the statement and describing the manner in which it was
produced;
(b) giving such particulars of any device involved in the production of that document as may be
appropriate for the purpose of showing that the document was produced by a computer;
(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,
and purporting to be signed by a person occupying a responsible official position in relation to the
operation of the relevant device or the management of the relevant activities (whichever is appropriate)
shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall
be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
(5) For the purposes of this section,—
(a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate
form and whether it is so supplied directly or (with or without human intervention) by means of any
appropriate equipment;
(b) whether in the course of activities carried on by any official, information is supplied with a view
to its being stored or processed for the purposes of those activities by a computer operated otherwise
than in the course of those activities, that information, if duly supplied to that computer, shall be taken
to be supplied to it in the course of those activities;
(c) a document shall be taken to have been produced by a computer whether it was produced by it
directly or (with or without human intervention) by means of any appropriate equipment.
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_Explanation.—For the purposes of this section,—_
(a) “computer” means any device that receives, stores and processes data, applying stipulated
processes to the information and supplying results of these processes; and
(b) any reference to information being derived from other information shall be a reference to its
being derived therefrom by calculation, comparison or any other process.]
# CHAPTER VII
SUPPLEMENTAL PROVISIONS
**37. Power of Central Government to make rules.—(1) The Central Government may make rules to**
carry into effect the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may—
1[(i) provide for determining under Section 4 the nearest ascertainable equivalent of the normal
price;
(ia) having regard to the normal practice of the wholesale trade, define or specify the kinds of trade
discount to be excluded from the value under Section 4 including the circumstances in which and the
conditions subject to which such discount is to be so excluded;]
2[(ib)] provide for the assessment and collection of duties of excise, the authorities by whom
functions under this Act are to be discharged, the issue of notices requiring payment, the manner in
which the duties shall be payable, and the recovery of duty not paid;
3[(ibb) provide for charging or payment of interest on the differential amount of duty which
becomes payable or refundable upon finalisation of all or any class of provisional assessments;]
4[(ic) provide for the remission of duty of excise leviable on any excisable goods, which due to any
natural cause are found to be deficient in quantity, the limit or limits of percentage beyond which no
such remission shall be allowed and the different limit or limits of percentage for different varieties of
the same excisable goods or for different areas or for different seasons;]
[5][(i-d) provide for the amount to be paid [6][for compounding and the manner of compounding]
under sub-section (2) of Section 9-A;]
(ii) prohibit absolutely, or with such exceptions, or subject to such conditions as the Central
Government thinks fit, the production or manufacture, or any process of the production or manufacture,
1. Ins. by Act 22 of 1973, s. 3 (w.e.f. 1-9-1973).
2. Clause (i) renumbered as clause (ib) by ibid, s. 3 (w.e.f. 1-9-1973).
3. Ins. by Act 27 of 1999, s. 131(a) (w.e.f. 11-5-1999).
4. Ins. by Act 25 of 1978, s. 25 (w.e.f. 1-7-1978).
5. Ins. by Act 23 of 2004, s. 85.
6. Subs. by Act 33 of 2009, s. 110, for “Compounding”.
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of excisable goods, or of any component parts or ingredients or containers thereof, except on land or
premises approved for the purpose;
(iii) prohibit absolutely, or with such exceptions, or subject to such conditions as the Central
Government thinks fit, [1][* * *] the transit of excisable goods from any part of [2][India] to any other part
thereof;
(iv) regulate the removal of excisable goods from the place where produced, stored or manufactured
or subjected to any process of production or manufacture and their transport to or from the premises of
a [3][registered] person, or a bonded warehouse, or to a market;
(v) regulate the production or manufacture, or any process of the production or manufacture, the
possession, storage and sale of salt, and so far as such regulation is essential for the proper levy and
collection of the duties imposed by this Act, or of any other excisable goods, or of any component parts
or ingredients or containers thereof;
(vi) provide for the employment of officers of the [4][Government] to supervise the carrying out of
any rules made under this Act;
(vii) require a manufacturer or the licensee of a warehouse to provide accommodation within the
precincts of his factory or warehouse for officers employed to supervise the carrying out of regulations
made under this Act and prescribe the scale of such accommodation;
(viii) provide for the appointment, licensing, management and supervision of bonded warehouses
and the procedure to be followed in entering goods into and clearing goods from such warehouses;
(ix) provide for the distinguishing of goods which have been [5][manufactured after registration], of
materials which have been imported under licence, and of goods on which duty has been paid, or which
are exempt from duty under this Act;
(x) impose on persons engaged in the production or manufacture, storage or sale (whether on their
own account or as brokers or commission agents) of salt, and, so far as such imposition is essential for
the proper levy and collection of the duties imposed by this Act, of any other excisable goods, the duty
of furnishing information, keeping records and making returns, and prescribe the nature of such
information and the form of such records and returns, the particulars to be contained therein, and the
manner in which they shall be verified;
1. The words “the bringing of excisable goods into India from the State of Jammu and Kashmir, or” omitted by Act 41 of 1954,
s. 2 and Sch (w.e.f. 8-10-1954).
2. Subs. by Act 25 of 1950, s. 11 and Sch. IV, for “the States”.
3. Subs. by Act 18 of 1992, s. 113(5)(i)(a), for “licensed” (w.e.f. 14-5-1992).
4. Subs. by the A.O. 1950.
5. Subs. by Act 18 of 1992, s. 113(5)(i)(b), for “manufactured under licence” (w.e.f. 14-5-1992).
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(xi) require that excisable goods shall not be sold or offered or kept for sale in [1][India] except in
prescribed containers, bearing a banderol, stamp or label of such nature and affixed in such manner as
may be prescribed;
(xii) provide for the issue of [2][registration certificates] and transport permits and the fees, if any, to
be charged therefor:
Provided that the fees for the licensing of the manufacture and refining of salt and saltpetre shall
not exceed, in the case of each such licence, the following amounts, namely:—
Rs.
Licence to manufacture and refine saltpetre and to separate and purify salt in the process of such 50
manufacture and refining
Licence to manufacture saltpetre 2
Licence to manufacture sulphate of soda (Kharinun) by solar heat in evaporating pans 10
Licence to manufacture sulphate of soda (Kharinun) by artificial heat 2
Licence to manufacture other saline substances 2;
(xiii) provide for the detention of goods, plant, machinery or material, for the purpose of exacting the
duty, the procedure in connection with the confiscation, otherwise than under Section 10 or Section 28, of
goods in respect of which breaches of that Act or rules have been committed, and the disposal of goods so
detained or confiscated;
3[(xiii-a) provide for withdrawal of facilities or imposition of restrictions (including restrictions on
utilisation of CENVAT credit) on manufacturer or exporter or suspension of registration of dealer, for
dealing with evasion of duty or misuse of CENVAT credit;]
(xiv) authorise and regulate the inspection of factories and provide for the taking of samples, and
for the making of tests, of any substance produced therein, and for the inspection or search of any place
or conveyance used for the production, storage, sale or transport of salt, and so far as such inspection
or search is essential for the proper levy and collection of the duties imposed by this Act, of any other
excisable goods;
(xv) authorise and regulate the composition of offences against, or liabilities incurred under this
Act or the rules made thereunder;
1. Subs. by Act 25 of 1950, s. 11 and Sch. IV, for “the States”.
2. Subs. by Act 18 of 1992, s. 113(5)(i)(c), for “licences” (w.e.f. 14-5-1992).
3. Ins. by Act 14 of 2010, s. 68.
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(xvi) provide for the grant of a rebate of the duty paid on goods which are exported out of India or
shipped for consumption on a voyage to any port outside India [1][including interest thereon];
2[* * *]
3[(xvi-a) provide for the credit of duty paid or deemed to have been paid on the goods used in, or
in relation to, the manufacture of excisable goods;]
4[(xvi-aa) provide for credit of service tax leviable under Chapter V of the Finance Act, 1994 (32
of 1994), paid or payable on taxable services used in, or in relation to, the manufacture of excisable
goods;]
5[(xvi-b) provide for the giving of credit of sums of money with respect to raw materials used in the
manufacture of excisable goods;]
6[(xvi-c) provide for charging and payment of interest, as the case may be, on credit of duty paid or
deemed to have been paid on the goods used in, or in relation to, the manufacture of excisable goods
where such credit is varied subsequently;]
(xvii) exempt any goods from the whole or any part of the duty imposed by this Act;
7[(xvii-a) provide incentives for increased production or manufacture of any goods by way of
remission of, or any concession with respect to, duty payable under this Act;]
(xviii) define an area no point in which shall be more than one hundred yards from the nearest point
of any place in which salt is stored or sold by or on behalf of the Central Government, or of any factory
in which saltpetre is manufactured or refined, and regulate the possession, storage and sale of salt within
such area;
(xix) define an area and any other place in which salt is manufactured, and regulate the possession,
storage and sale of salt within such area;
(xx) authorise the [8][Central Board of Excise and Customs constituted under the Central Boards of
Revenue Act, 1963 (54 of 1963)] or [9][Chief Commissioners of Central Excise or Commissioners of
Central Excise] appointed for the purposes of this Act to provide, by written instructions, for
supplemental matters arising out of any rule made by the Central Government under this section;
1. Ins. by Act 22 of 1995, s. 78(a)(i).
2. Proviso omitted by Act 49 of 1957, s. 2.
3. Ins. by Act 23 of 1986, s. 51 (w.e.f. 13-5-1986).
4. Ins. by Act 23 of 2004, s. 85.
5. Ins. by Act 11 of 1987, s. 94.
6. Ins. by Act 22 of 1995, s. 78.
7. Ins. by Act 14 of 1982, s. 48.
8. Subs. by Act 54 of 1963, s. 5, for central Board of Revenue” (w.e.f. 1-1-1964).
9. Subs, by Act 25 of 2014, s. 95, for “Commissioners of Central Excise” (w.e.f. 6-8-2004).
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1[(xxi) provide for the publication, subject to such conditions as may be specified therein, of names
and other particulars of persons who have been found guilty of contravention of any of the provisions
of this Act or of any rule made thereunder;]
2[(xxii) provide for the charging of fees for the examination of excisable goods intended for export
out of India and for rendering any other service by a Central Excise Officer under this Act or the rules
made thereunder;]
3[(xxiii) specify the 4[form and manner] in which application for refund shall be made under Section
11-B;
(xxiv) provide for the manner in which money is to be credited to the Fund;
(xxv) provide for the manner in which the Fund shall be utilised for the welfare of the consumers;
(xxvi) specify the form in which the account and records relating to the Fund shall be maintained;]
5 [(xxvii) specify the persons who shall get themselves registered under Section 6 and the manner
of their registration;]
6[(xxviii) provide for the lapsing of credit of duty lying unutilised with the manufacturer of specified
excisable goods on an appointed date and also for not allowing such credit to be utilised for payment
of any kind of duty on any excisable goods on and from such date.]
7[(2A) The power to make rules conferred by clause (xvi) of sub-section (2) shall include the power to
give retrospective effect to rebate of duties on inputs used in the export goods from a date not earlier than
the changes in the rates of duty on such inputs.]
(3) In making rules under this section, the Central Government may provide that any person committing
a breach of any rule shall, where no other penalty is provided by this Act, be liable to a penalty not
exceeding [8][five thousand rupees].
9[(4) Notwithstanding anything contained in sub-section (3), and without prejudice to the provisions of
Section 9, in making rules under this section, the Central Government may provide that if any manufacturer,
producer or licensee of a warehouse—
(a) removes any excisable goods in contravention of the provisions of any such rule, or
(b) does not account for all such goods manufactured, produced or stored by him, or
1. Ins. by Act 36 of 1973, s. 24.
2. Ins. by Act 79 of 1985, s. 6 (w.e.f. 27-12-1985).
3. Ins. by Act 40 of 1991, s. 8 (w.e.f. 20-9-1991).
4. Subs. by Act 22 of 1995, s. 78, for “form”.
5. Ins. by Act 18 of 1992, s. 113(5)(i)(d) (w.e.f. 4-5-1992).
6. Ins. by Act 27 of 1999, s. 131 (w.r.e.f. 16-3-1995).
7. Ins. by Act 22 of 1995, s. 78 (w.e.f. 26-5-1999).
8. Subs. by Act 10 of 2000, s. 108, for certain words (w.e.f. 12-5-2000).
9. Ins. by Act 19 of 1968, s. 38(i) (w.e.f. 11-5-1968).
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(c) engages in the manufacture, production or storage of such goods without having applied for
the [1][registration as] required under Section 6, or
2[(d) contravenes the provisions of any such rule with intent to evade payment of duty,
then, all such goods shall be liable to confiscation and the manufacturer, producer or licensee shall
be liable to a penalty not exceeding the duty leviable on such goods or [3][five thousand rupees],
whichever is greater.]
4[(5) Notwithstanding anything contained in sub-section (3), the Central Government may make rules
to provide for the imposition upon any person who acquires possession of, or is in any way concerned in
transporting, removing, depositing, keeping, concealing, selling or purchasing, or in any other manner deals
with, any excisable goods which he knows or has reason to believe are liable to confiscation under this Act
or the rules made thereunder, a penalty [5][not exceeding the duty leviable on such goods or [6][five thousand
rupees], whichever is greater].]
[7[37A. Delegation of powers.—The Central Government may, by notification in the Official Gazette,](https://www.scconline.com/Members/BrowseResult.aspx#BS037A)
direct that subject to such conditions, if any, as may be specified in the notification—
(a) any power exercisable by the Board under this Act may be exercisable also by [8][a [9][Principal
Chief Commissioner of Central Excise or Chief Commissioner of Central Excise] or a [10][Principal
Commissioner of Central Excise or Commissioner of Central Excise]] empowered in this behalf by the
Central Government;
(b) any power exercisable by a [10][Principal Commissioner of Central Excise or Commissioner of
Central Excise] under this Act may be exercisable also by a [11][Joint] [10][Principal Commissioner of
Central Excise or Commissioner of Central Excise] or an Assistant [10][Principal Commissioner of
Central Excise or Commissioner of Central Excise] or Deputy [10][Principal Commissioner of Central
Excise or Commissioner of Central Excise] empowered in this behalf by the Central Government;
(c) any power exercisable by a [11][Joint] [10][Principal Commissioner of Central Excise or
Commissioner of Central Excise] under this Act may be exercisable also by an Assistant [10][Principal
Commissioner of Central Excise or Commissioner of Central Excise] or Deputy [10][Principal
Commissioner of Central Excise or Commissioner of Central Excise] empowered in this behalf by the
Central Government; and
1. Subs. by Act 18 of 1992, s. 113(5)(ii), for “licence” (w.e.f. 14-5-1992).
2. Subs. by Act 10 of 2000, s. 108, for (d) in sub-section (4).
3. Subs. by Act 20 of 2015, s. 103, for “two thousand rupees”.
4. Ins. by Act 36 of 1973, s. 24 (w.e.f. 1-9-1973).
5. Subs. by Act 10 of 2000, s. 108, for certain words, (w.e.f. 12-5-2000).
6. Subs. by Act 20 of 2015, s. 103, for “two thousand rupees”.
7. Ins. by Act 25 of 1978, s. 26 (w.e.f. 1-7-1978).
8. Subs. by Act 29 of 1988, s. 14, for “a Collector of Central Excise” (w.e.f. 16-8-1988).
9. Subs. by Act 25 of 2014, s. 95, for “Chief Commissioner of Central Excise” (w.e.f. 6-8-2014).
10. Subs. by ibid, s. 95, for “Commissioner of Central Excise”.
11. Subs. by Act 27 of 1999, s. 119, for “Deputy Commissioner of Central Excise” (w.e.f. 11-5-1999).
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(d) any power exercisable by an Assistant [1][Principal Commissioner of Central Excise or
Commissioner of Central Excise] or Deputy [1][Principal Commissioner of Central Excise or
Commissioner of Central Excise] under this Act may be exercisable also by a gazetted officer of Central
Excise empowered in this behalf by the Board.]
2[37B. Instructions to Central Excise Officers.—The Central Board of Excise and Customs
constituted under the Central Boards of Revenue Act, 1963 (54 of 1963), may, if it considers it necessary
or expedient so to do for the purpose of uniformity in the classification of excisable goods or with respect
to levy of duties of excise on [3][such goods or for the implementation of any other provision of this Act],
issue such orders, instructions and directions to the Central Excise Officers as it may deem fit, and such
officers and all other persons employed in the execution of this Act shall observe and follow such orders,
instructions and directions of the said Board:
Provided that no such orders, instructions or directions shall be issued—
(a) so as to require any Central Excise Officer to make a particular assessment or to dispose of a
particular case in a particular manner; or
(b) so as to interfere with the discretion of the [1][Principal Commissioner of Central Excise or
Commissioner of Central Excise] (Appeals) in the exercise of his appellate functions.
1[37C. Service of decisions, orders, summons, etc.—(1) Any decision or order passed or any
summons or notices issued under this Act or the rules made thereunder, shall be served,—
(a) by tendering the decision, order, summons or notice, or sending it by registered post with
acknowledgment due [4][or by speed post with proof of delivery or by courier approved by the Central
Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963)],
to the person for whom it is intended or his authorised agent, if any;
(b) if the decision, order, summons or notice cannot be served in the manner provided in clause (a),
by affixing a copy thereof to some conspicuous part of the factory or warehouse or other place of
business or usual place of residence of the person for whom such decision, order, summons or notice,
as the case may be, is intended;
(c) if the decision, order, summons or notice cannot be served in the manner provided in clauses
(a) and (b), by affixing a copy thereof on the notice-board of the officer or authority who or which
passed such decision or order or issued such summons or notice.
1. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
2. Sections 37B & 37C ins. by Act 79 of 1985, s. 7 (w.e.f. 27-12-1985).
3. Subs. by Act 28 of 2016, s. 144, for “such goods” (w.e.f. 14-5-2016).
4. Ins. by Act 17 of 2013, s. 100(i).
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(2) Every decision or order passed or any summons or notice issued under this Act or the rules made
thereunder, shall be deemed to have been served on the date on which the decision, order, summons or
notice is tendered or delivered by post [1][or courier referred to in sub-section (1)] or a copy thereof is affixed
in the manner provided in sub-section (1).]
2[37D. Rounding off of duty, etc.—The amount of duty, interest, penalty, fine or any other sum
payable, and the amount of refund or any other sum due, under the provisions of this Act shall be rounded
off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of
paise then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than
fifty paise it shall be ignored.]
3[37E. Publication of information respecting persons in certain cases.—(1) If the Central
Government is of opinion that it is necessary or expedient in the public interest to publish the names of any
person and any other particulars relating to any proceedings or prosecutions under this Act in respect of
such person, it may cause to be published such names and particulars in such manner as if thinks fit.
(2) No publication under this section shall be made in relation to any penalty imposed under this Act
until the time for presenting an appeal to the Commissioner (Appeals) under Section 35 of the Appellate
Tribunal under Section 35-B, as the case may be, has expired without an appeal having been presented or
the appeal, if presented, has been disposed of.
_Explanation.—In the case of a firm, company or other association of persons, the names of the_
partners of the firm, directors, managing agents, secretaries and treasurers or managers of the company,
or the members of the association, as the case may be, may also be published if, in the opinion of the
Central Government, circumstances of the case justify it.]
4[38. Publication of rules and notifications and laying of rules before Parliament.—(1) All rules
made and notifications issued under this Act shall be published in the Official Gazette.
5[(2) Every rule made under this Act, every notification issued under 6[Section 3A, 7[Section 3C]
Section 4A,] sub-section (1) of Section 5A, [8][Section 5B] and Section 11C and every order made under
sub-section (2) of Section 5A, other than an order relating to goods of strategic, secret, individual or
personal nature, shall be laid, as soon as may be after it is made or issued, before each House of Parliament,
while it is in session, for a total period of thirty days which may be comprised in one session, or in two or
more successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or
order, or both Houses agree that the rule should not be made or notification or order should not be issued
or made, the rule or notification or order shall thereafter have effect only in such modified form or be of no
1. Ins. by Act 17 of 2013, s. 100(ii).
2. Ins. by Act 12 of 1990, s. 65 (w.e.f. 31-5-1990).
3. Ins. by Act. 29 of 2006, s. 38 (w.e.f. 1-9-1973).
4. Subs. by Act 22 of 1973, s. 4, for section 38.
5. Subs. by Act 22 of 1995, s. 79, for sub-section (2) (w.e.f. 26-5-1995).
6. Ins. by Act 26 of 1997, s. 84 (w.e.f. 14-5-1997).
7. Ins. by Act 18 of 2017, s. 9.
8. Ins. by Act 8 of 2011, s. 70.
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effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule or notification or order.]]
1[38A. Effect of amendments, etc. of rules, notifications or orders.—Where any rule, notification or
order made or issued under this Act or any notification or order issued under such rule, is amended,
repealed, superseded or rescinded, then, unless a different intention appears, such amendment, repeal,
supersession or rescinding shall not—
(a) revive anything not in force or existing at the time at which the amendment, repeal, supersession
or rescinding takes effect; or
(b) affect the previous operation of any rule, notification or order so amended, repealed, superseded
or rescinded or anything duly done or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any rule,
notification or order so amended, repealed, superseded or rescinded; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed under
or in violation of any rule, notification or order so amended, repealed, superseded or rescinded; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced
and any such penalty, forfeiture or punishment may be imposed as if the rule, notification or order, as
the case may be, had not been amended, repealed, superseded or rescinded.]
2[38B. Savings of references to Chapter, Heading, Sub-heading and tariff item in Central Excise
**Tariff Act, 1985.—Notwithstanding the repeal of the Central Excise Tariff Act, 1985 (5 of 1986) by**
sub-section (1) of Section 174 of the Central Goods and Services Tax Act, 2017, any reference to the
Chapter, heading, sub-heading or tariff item, as the case may be, in the First Schedule to the said Act or in
any rules or regulations made thereunder, or in any notification, circular, order or instruction issued
thereunder, shall mean a reference to the Chapter, heading, sub-heading or tariff item, as the case may be,
in the Fourth Schedule.]
**39. Repeal of enactments.—[Rep. by the Repealing and Amending Act, 1947 (2 of 1948), S. 2 and**
_Sch.]_
3[40. Protection of action taken under the Act.—(1) No suit, prosecution or other legal proceeding
shall lie against the Central Government or any officer of the Central Government or a State Government
for anything which is done, or intended to be done, in good faith, in pursuance of this Act or any rule made
thereunder.
1. Ins. by Act 14 of 2001, s. 131 (w.r.e.f. 28-2-1944).
2. Ins. by Act 18 of 2017, s. 10.
3. Subs. by Act 22 of 1973, s. 5, for section 40 (w.e.f. 1-9-1973).
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(2) No proceeding, other than a suit, shall be commenced against the Central Government or any officer
of the Central Government or a State Government for anything done or purported to have been done in
pursuance of this Act or any rule made thereunder, without giving the Central Government or such officer
a month’s previous notice in writing of the intended proceeding and of the cause thereof or after the
expiration of three months from the accrual of such cause.]
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**[THE FIRST SCHEDULE:]** _Omitted by the Central Excise Tariff Act, 1985 (Act 5 of 1986), s. 4 (w.e.f._
28-2-1986).
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1[THE SECOND SCHEDULE
[See Section 8]
TOBACCO
2[THE THIRD SCHEDULE
[See Section 2(f)(iii)]
NOTES
1. In this Schedule, “heading”, “sub-heading” and “tariff item” mean respectively, a heading,
sub-heading and tariff item in the Fourth Schedule.
2. The rules for the interpretation, the Section, Chapter Notes and the General Explanatory Notes of the
Fourth Schedule shall apply to the interpretation of this Schedule.
2. 2403 99 10, 2403 99 20, 2403 99 30 Chewing tobacco and preparations containing chewing
tabacco
3. 2403 99 90 Pan masala containing tobacco.]
1. Subs. by Act 18 of 1956, s. 36, for THE SECOND SCHEDULE (w.e.f. 27-4-1956).
2. Subs. by Act 18 of 2017, s. 11 and Schedule I, for THE THIRD SCHEDULE.
95
|Sl. No.|Heading, Sub-heading or Tariff Item|Description of goods|
|---|---|---|
|1.|2402 20 10 to 2402 20 90|All Goods|
|2.|2403 99 10, 2403 99 20, 2403 99 30|Chewing tobacco and preparations containing chewing tabacco|
|3.|2403 99 90|Pan masala containing tobacco.]|
-----
1[THE FOURTH SCHEDULE
[See Section 2(d) and 2(f)(ii)]
_General rules for the interpretation of this Schedule_
Classification of goods in this Schedule shall be governed by the following principles:
1. The titles of Sections, Chapters and Sub-chapters are provided for ease of reference only; for legal
purposes, classification shall be determined according to the terms of the headings and any relative Sections
or Chapter Notes and, provided such headings or notes do not otherwise require, according to the following
provisions.
2. Any reference in a heading—
(a) to an article shall be taken to include a reference to that article incomplete or unfinished,
provided that, as presented, the incomplete or unfinished article has the essential character of the
complete or finished article. It shall also be taken to include a reference to that article complete or
finished (or falling to be classified as complete or finished by virtue of this rule), presented unassembled
or disassembled;
(b) to a material or substance shall be taken to include a reference to mixtures or combinations of
that material or substance with other materials or substances. Any reference to goods of a given material
or substance shall be taken to include a reference to goods consisting wholly or partly of such material
or substance. The classification of goods consisting of more than one material or substance shall be
according to the principles of Rule 3.
3. When by application of clause (b) of Rule 2 or for any other reason, goods are, prima facie,
classifiable under two or more headings, classification shall be effected as follows—
(a) the heading which provides the most specific description shall be preferred to headings
providing a more general description. However, when two or more headings each refer to part only of
the materials or substances contained in mixed or composite goods or to part only of the items in a set
put up for retail sale, those headings are to be regarded as equally specific in relation to those goods,
even if one of them gives a more complete or precise description of the goods;
(b) mixtures, composite goods consisting of different materials or made up of different components,
and goods put up in sets for retail sale, which cannot be classified by reference to clause (a), shall be
classified as if they consisted of the material or component which gives them their essential character,
insofar as this criterion is applicable;
1. Ins. by Act 18 of 2017, s. 12 and Schedule II.
96
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(c) when goods cannot be classified by reference to clause (a) or clause (b), they shall be classified
under the heading which occurs last in numerical order among those which equally merit consideration.
4. Goods which cannot be classified in accordance with the above rules shall be classified under the
heading appropriate to the goods to which they are most akin.
5. For legal purposes, the classification of goods in the sub-headings of a heading shall be determined
according to the terms of those sub-headings and any related sub-heading notes and, mutatis mutandis, to
the above rules, on the understanding that only sub-headings at the same level are comparable. For the
purposes of this rule, the relative chapter notes also apply, unless the context otherwise requires.
_General Explanatory Notes_
1. Where in column (2) of this Schedule, the description of an article or group of articles under a heading
is preceded by “-”, the said article or group of articles shall be taken to be a sub-classification of the article
or group of articles covered by the said heading. Where, however, the description of an article or group of
articles is preceded by “--”, the said article or group of articles shall be taken to be a sub-classification of
the immediately preceding description of the article or group of articles which has “-”. Where the
description of an article or group of articles is preceded by “---” or “----”, the said article or group of articles
shall be taken to be a sub-classification of the immediately preceding description of the article or group of
articles which has “-” or “--”.
2. The abbreviation “%” in column (4) of this Schedule, in relation to the rate of duty, indicates that the
duty on the goods to which the entry relates shall be charged on the basis of the value of the goods fixed,
defined or deemed to be, as the case may be, under or in sub-section (2), read with sub-section (3) of Section
3 or Section 4 or Section 4-A of the Central Excise Act, 1944 (1 of 1944), the duty being equal to such
percentage of the value as is indicated in that column.
_Additional Notes_
In this Schedule,—
(1) The expression,—
(a) “heading”, in respect of goods, means a description in list of tariff provisions accompanied
by a four digit number and includes all sub-headings of tariff items the first four digits of which
correspond to that number;
(b) “sub-heading”, in respect of goods, means a description in the list of tariff provisions
accompanied by a six digit number and includes all tariff items the first six digits of which
correspond to that number;
97
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(c) “tariff item” means a description of goods in the list of tariff provisions accompanying either
eight-digit number and the rate of the duty of excise, or eight digit number with blank in the column
of the rate of duty;
(2) The list of tariff provisions is divided into sections, chapters and sub-chapters;
(3) In column (3), the standard unit of quantity is specified for each tariff item to facilitate the
collection, comparison and analysis of trade statistics;
(4) “…..” against any goods denotes that Central Excise Duty under this Schedule is not leviable
on such goods.
_List of Abbreviations used_
|Abbreviations|For|
|---|---|
|1. Kg.|Kilogram|
|2. Tu|Thousand in number|
Section IV
TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES
NOTE
In this Section, the expression “unit container” means a container, whether large or small (for example,
tin, can, box, jar, bottle, bag or carton, drum, barrel or canister) designed to hold a predetermined quantity
or number.
CHAPTER 24
TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES
NOTES
1. In this Chapter, “brand name” means a brand name, whether registered or not, that is to say, a name
or a mark, such as a symbol, monogram, label, signature invented words or any writing which is used in
relation to a product, for the purpose of indicating, or so as to indicate, a connection in the course of trade
between the product and some person using such name or mark with or without any indication of the identity
of that person.
98
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2. In relation to products of Heading 2401 or 2402 or 2403, labelling or relabelling of containers or
repacking from bulk packs to retail packs or the adoption of any other treatment to render the product
marketable to the consumer, shall amount to “manufacture”.
3. In this Chapter, “Pan masala containing tobacco”, commonly known as “gutkha” or by any other
name, included in Tariff Item 2403 99 90, means any preparation containing betelnuts and tobacco and any
one or more of the following ingredients, namely—
(i) lime; and
(ii) kattha (catechu),
whether or not containing any other ingredients, such as cardamom, copra and menthol.
SUB-HEADING NOTE
For the purposes of sub-heading 2403 11, the expression “water pipe tobacco” means tobacco intended
for smoking in a water pipe and which consists of a mixture of tobacco and glycerol, whether or not
containing aromatic oils and extracts, molasses or sugar, and whether or not flavoured with fruit. However,
tobacco-free products intended for smoking in a water pipe are excluded from this sub-heading.
SUPPLEMENTRY NOTES
For the purposes of this Chapter:
(1) “tobacco” means any form of tobacco, whether cured or uncured and whether manufactured or
not, and includes the leaf, stalks and stems of the tobacco plant, but does not include any part of a
tobacco plant while still attached to the earth.
(2) “cut-tobacco” means the prepared or processed cut-to-size tobacco which is generally blended
or moisturised to a desired extent for use in the manufacture of machine rolled cigarettes.
(3) “smoking mixtures for pipes and cigarettes” of sub-heading 2403 10 does not cover “ Gudaku”.
Description of goods Unit Rate of Duty
(2) (3) (4)
**Unmanufactured Tobacco; Tobacco Refuse**
_Tobacco, not stemmed or stripped:_
- Flue cured virginia tobacco Kg. 64%
99
|Tariff item|Description of goods|Col3|Unit|Rate of Duty|
|---|---|---|---|---|
|(1)|(2)||(3)|(4)|
|2401|Unmanufactured Tobacco; Tobacco Refuse||||
|2401 10|-|Tobacco, not stemmed or stripped:|||
|2401 10 10|- - -|Flue cured virginia tobacco|Kg.|64%|
-----
|Tariff item|Description of goods|Col3|Unit|Rate of Duty|
|---|---|---|---|---|
|(1)|(2)||(3)|(4)|
|2401 10 20|- - -|Sun cured country (natu) tobacco|Kg.|64%|
|2401 10 30|- - -|Sun cured virginia tobacco|Kg.|64%|
|2401 10 40|- - -|Burley tobacco|Kg.|64%|
|2401 10 50|- - -|Tobacco for manufacture of biris, not stemmed|Kg.|64%|
|2401 10 60|- - -|Tobacco for manufacture of chewing tobacco|Kg.|64%|
|2401 10 70|- - -|Tobacco for manufacture of cigar and cheroot|Kg.|64%|
|2401 10 80|- - -|Tobacco for manufacture of hookah tobacco|Kg.|64%|
|2401 10 90|- - -|Other|Kg.|64%|
|2401 20|-|Tobacco, partly or wholly stemmed or stripped:|||
|2401 20 10|- - -|Flue cured virginia tobacco|Kg.|64%|
|2401 20 20|- - -|Sun cured country (natu) tobacco|Kg.|64%|
100
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|Tariff item|Description of goods|Col3|Unit|Rate of Duty|
|---|---|---|---|---|
|(1)|(2)||(3)|(4)|
|2401 20 30|- - -|Sun cured virginia tobacco|Kg.|64%|
|2401 20 40|- - -|Burley tobacco|Kg.|64%|
|2401 20 50|- - -|Tobacco for manufacture of biris|Kg.|64%|
|2401 20 60|- - -|Tobacco for manufacture of chewing tobacco|Kg.|64%|
|2401 20 70|- - -|Tobacco for manufacture of cigar and cheroot|Kg.|64%|
|2401 20 80|- - -|Tobacco for manufacture of hookah tobacco|Kg.|64%|
|2401 20 90|- - -|Other|Kg.|64%|
|2401 30 00|-|Tobacco refuse|Kg.|50%|
|2402||Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes|||
|2402 10|-|Cigars, cheroots and cigarillos, containing tobacco:|||
|2402 10 10|- - -|Cigar and cheroots|Tu|12.5% or|
|||||Rs 4006 per thousand,|
101
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|Tariff item|Description of goods|Col3|Unit|Rate of Duty|
|---|---|---|---|---|
|(1)|(2)||(3)|(4)|
|||||whichever is higher|
|2402 10 20|- - -|Cigarillos|Tu|12.5% or|
|||||Rs 4006 per thousand, whichever is higher|
|2402 20|-|Cigarettes, containing tobacco:|||
|2402 20 10|- - -|Other than filter cigarettes, of length not exceeding 65 millimetres|Tu|Rs 1280 per thousand|
|2402 20 20|- - -|Other than filter cigarettes, of length exceeding 65 millimetres but not exceeding 70 millimetres|Tu|Rs 2335 per thousand|
|2402 20 30|- - -|Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) not exceeding 65 millimetres|Tu|Rs 1280 per thousand|
|2402 20 40|- - -|Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) exceeding 65 millimetres but not exceeding 70 millimetres|Tu|Rs 1740 per thousand|
|2402 20 50|- - -|Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) exceeding 70 millimetres but not exceeding 75 millimetres|Tu|Rs 2335 per thousand|
|2402 20 90|- - -|Other|Tu|Rs 3375 per thousand|
|2402 90|-|Other:|||
|2402 90 10|- - -|Cigarettes of tobacco substitutes|Tu|Rs 3375 per thousand|
102
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|Tariff item|Description of goods|Col3|Unit|Rate of Duty|
|---|---|---|---|---|
|(1)|(2)||(3)|(4)|
|2402 90 20|- - -|Cigarillos of tobacco substitutes|Tu|12.5% or Rs 4006 per thousand whichever is higher|
|2402 90 90|- - -|Other|Tu|12.5% or Rs 4006 per thousand whichever is higher|
|2403|Other manufactured tobacco and manufactured tobacco substitutes; “Homogenised” or “Reconstituted” tobacco; Tobacco extracts and essences||||
||-|Smoking tobacco, whether or not containing tobacco substitute in any proportion;|||
|2403 11|- -|Water pipe tobacco specified in Sub-heading Note to this Chapter:|||
|2403 11 10|- - -|Hukkah or gudaku tobacco|Kg.|60%|
|2403 11 90|- - -|Other|Kg.|60%|
|2403 19|- -|Other|||
|2403 19 10|- - -|Smoking mixtures for pipes and cigarettes|Kg.|360%|
||- - -|Biris:|||
|2403 19 21|- - - -|Other than paper rolled biris, manufactured without the aid of machine|Tu|Rs 12 per thousand|
103
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|Tariff item|Description of goods|Col3|Unit|Rate of Duty|
|---|---|---|---|---|
|(1)|(2)||(3)|(4)|
|2403 19 29|- - - -|Other|Tu|Rs 80 per thousand|
|2403 19 90|- - -|Other|Kg.|40%|
||-|Other:|||
|2403 91 00|- -|“Homogenised” or “reconstituted” tobacco|Kg.|60%|
|2403 99|- -|Other:|||
|2403 99 10|- - -|Chewing tobacco|Kg.|81%|
|2403 99 20|- - -|Preparations containing chewing tobacco|Kg.|60%|
|2403 99 30|- - -|Jarda scented tobacco|Kg.|81%|
|2403 99 40|- - -|Snuff|Kg.|60%|
|2403 99 50|- - -|Preparations containing snuff|Kg.|60%|
|2403 99 60|- - -|Tobacco extracts and essence|Kg.|60%|
104
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|Tariff item|Description of goods|Col3|Unit|Rate of Duty|
|---|---|---|---|---|
|(1)|(2)||(3)|(4)|
|2403 99 70|- - -|Cuttobacco|Kg.|Rs 70 per Kg.|
|2403 99 90|- - -|Other|Kg.|81%|
Section V
MINERAL PRODUCTS
Chapter 27
MINERAL FUELS, MINERAL OILS AND PRODUCTS OF THEIR DISTILLATION; BITUMINOUS
SUBSTANCES; MINERAL WAXES
Notes
1. References in Heading 2710 to “petroleum oils and oils obtained from bituminous minerals” include
not only petroleum oils and oils obtained from bituminous minerals, but also similar oils, as well as those
consisting mainly of mixed unsaturated hydrocarbons, obtained by any process, provided that the weight
of the non-aromatic constituents exceeds that of the aromatic constituents.
However, the references do not include liquid synthetic polyolefins of which less than 60% by volume
distils at 300°C, after conversion to 1013 millibars when a reduced pressure distillation method is used.
2. In relation to lubricating oils and lubricating preparations of Heading 2710, labelling or relabelling
of containers or repacking from bulk packs to retail packs or the adoption of any other treatment to render
the product marketable to the consumer, shall amount to “manufacture”.
3. In relation to natural gas falling under Heading 2711, the process of compression of natural gas (even
if it does not involve liquefaction), for the purpose of marketing it as Compressed Natural Gas (CNG), for
use as a fuel or for any other purpose, shall amount to “manufacture”.
Sub-Heading Note
For the purposes of sub-heading 2710 12, “light oils and preparations” are those of which 90% or more
by volume (including losses) distil at 210°C (ASTM D 86 method).
105
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Supplementary Notes
In this Chapter, the following expressions have the meanings hereby assigned to them—
(1) “motor spirit” means any hydrocarbon oil (excluding crude mineral oil) which has its flash point
below 25°C and which either by itself or in admixture with any other substance, is suitable for use as
fuel in spark ignition engines. “Special boiling point spirits (Tariff Items 2710 12 11, 2710 12 12 and
2710 12 13)” means light oils, as defined in sub-heading Note 4, not containing any anti-knock
preparations, and with a difference of not more than 60°C between the temperatures at which 5% and
90% by volume (including losses) distil;
(2) “natural gasoline liquid (NGL)” is a low-boiling liquid petroleum product extracted from
Natural Gas;
(3) “aviation turbine fuel (ATF)” means any hydrocarbon oil conforming to the Indian Standards
Specification of Bureau of Indian Standards IS : 1571 : 1992 : 2000;
(4) “high speed diesel (HSD)” means any hydrocarbon oil conforming to the Indian Standards
Specification of Bureau of Indian Standards IS : 1460 : 2000;
(5) for the purposes of these additional notes, the tests prescribed have the meaning hereby assigned
to them—
(a) “Flash Point” shall be determined in accordance with the test prescribed in this behalf in
the rules made under the Petroleum Act, 1934 (30 of 1934);
(b) “Smoke Point” shall be determined in the apparatus known as the Smoke Point Lamp in the
manner indicated in the Indian Standards Institution Specification IS : 1448 (p. 31)-1967 for the
time being in force;
(c) “Final Boiling Point” shall be determined in the manner indicated in the Indian Standards
Institution Specification IS : 1448 (p. 18)-1967 for the time being in force;
(d) “Carbon Residue” shall be determined in the apparatus known as Ramsbottom Carbon
Residue Apparatus in the manner indicated in the Indian Standards Institution Specification IS :
1448 (p. 8)-1967 for the time being in force;
(e) “Colour Comparison Test” shall be done in the following manner, namely—
(i) first prepare a five per cent weight by volume solution of Potassium Iodine (analytical
reagent quality) in distilled water;
(ii) to this, add Iodine (analytical reagent quality) in requisite amount to prepare an exactly
0.04 normal Iodine solution;
(iii) thereafter, compare the colour of the mineral oil under test with the Iodine solution so
prepared.
106
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|Tariff Item|Description of goods|Col3|Unit|Rate of Duty|
|---|---|---|---|---|
|(1)|(2)||(3)|(4)|
|2709|Petroleum oils and oils obtained from bituminous minerals, crude.||Kg.|…..|
|2709 10 00|-|Petroleum oils and oils obtained from bituminous minerals|Kg.|…..|
|2709 20 00|-|Petroleum crude||Nil|
|2710||Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils|||
||-|Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oil|||
|2710 12|- -|Light oils and preparations:|||
||- - -|Motor spirit (Commonly known as petrol):|||
|2710 12 11|- - - -|Special boiling point spirits (other than benzene, toluol) with nominal boiling point range 55-115 °C|Kg.|14%+Rs 15.00 per litre|
|2710 12 12|- - - -|Special boiling point spirits (other than benzene, toluene and toluol) with nominal boiling point range 63-70 °C|Kg.|14%+Rs 15.00 per litre|
|2710 12 13|- - - -|Other Special boiling points spirits (other than benzene, benzol, toluene and toluol)|Kg.|14%+Rs 15.00 per litre|
107
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|Tariff Item|Description of goods|Col3|Unit|Rate of Duty|
|---|---|---|---|---|
|(1)|(2)||(3)|(4)|
|2710 12 19|- - - -|Other|Kg.|14%+Rs 15.00 per litre|
|2710 12 20|- - -|Natural Gasoline Liquid|Kg.|14%+Rs 15.00 per litre|
|1[2710 12 39|- - -|Solvent 145/205|Kg.|…|
||- - -|Motor Gasoline conforming to standard IS 2796, IS 17021, IS 17586 or IS 17076:|||
|2710 12 41|- - -|Motor Gasoline conforming to standard IS 2796|Kg.|14%+Rs 15.00 per litre|
|2710 12 42|- - -|E 20 Fuel conforming to standard IS 17021|Kg.|14%+Rs 15.00 per litre|
|2710 12 43|- - -|E 12 Fuel conforming to standard IS 17586|Kg.|14%+Rs 15.00 per litre|
|2710 12 44|- - -|E 15 Fuel conforming to standard IS 17586|Kg.|14%+Rs 15.00 per litre|
|2710 12 49|- - -|M 15 Fuel conforming to standard IS 17076|Kg.|14%+Rs 15.00 per litre]|
|2710 12 90|- - -|Other|Kg.|14%+Rs 15.00 per litre|
1. Subs. by Act 6 of 2022, S. 99 and Sch. IV (w.e.f. 1-5-2022).
108
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|Tariff Item|Description of goods|Col3|Unit|Rate of Duty|
|---|---|---|---|---|
|(1)|(2)||(3)|(4)|
|2710 19|- -|Other:|||
|2710 19 10|- - -|Superior Kerosene Oil (SKO)|Kg.|…..|
|2710 19 20|- - -|Aviation Turbine Fuel (ATF)|Kg.|14%|
|2710 19 30|- - -|High Speed Diesel (HSD)|Kg.|14%+Rs 15.00 per litre|
|2710 19 40|- - -|Light Diesel Oil (LDO)|Kg.|…..|
|2710 19 50|- - -|Fuel oil|Kg.|…..|
|2710 19 60|- - -|Base oil|Kg.|…..|
|2710 19 70|- - -|Jute batching oil and textile oil|Kg.|…..|
|2710 19 80|- - -|Lubricating oil|Kg.|…..|
|2710 19 90|- - -|Other|Kg.|…..|
||-|Waste oil:||…..|
|2710 20 00||Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70%|Kg.|…..|
109
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|Tariff Item|Description of goods|Col3|Unit|Rate of Duty|
|---|---|---|---|---|
|(1)|(2)||(3)|(4)|
|||or more of petroleum oils or of oil obtained from bituminous minerals, these oils being the basic constituents of the preparations, containing biodiesel, other than waste oils|||
|2710 91 00|- -|Containing polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs)|Kg.|…..|
|2710 99 00|- -|Other|Kg.|…..|
|2711||Petroleum gases and other gaseous hydrocarbons|||
||-|Liquefied:|||
|2711 11 00|- -|Natural gas|Kg.|14%|
|2711 12 00|- -|Propane|Kg.|…..|
|2711 13 00|- -|Butane|Kg.|…..|
|2711 14 00|- -|Ethylene, propylene, butylene and butadiene|Kg.|…..|
|2711 19 00|- -|Other|Kg.|…..|
||-|In gaseous state:|||
|2711 21 00|- -|Natural gas|Kg.|14%|
|2711 29 00|- -|Other|Kg.|…..]|
110
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|
22-Nov-1944 | 18 | The Public Debt Act, 1944 | https://www.indiacode.nic.in/bitstream/123456789/2405/5/A1944-18.pdf | central | # THE PUBLIC DEBT ACT, 1944
______
# ARRANGEMENT OF SECTIONS
______
SECTIONS
1. Short title and commencement.
1A. Securities to which this Act applies.
2. Definitions.
3. Transfer of Government securities.
4. Transfer or of Government securities not liable for amount thereof.
5. Holding of Government securities by holders of public offices.
6. Notice of trust not receivable.
7. Persons whose title to a Government security of a deceased sole holder may be recognised
by the Bank.
8. Right of survivors of joint holders or several payees.
9. Summary procedure on death of holder of Government securities not exceeding five thousand
rupees face value.
9A. Application of sections 9B, 9C, etc.
9B. Nominations by holders of Government securities.
9C. Payment on death of holder.
10. Government securities not exceeding five thousand rupees face value belonging to minor or
insane person.
11. Issue of duplicate securities and of new securities on conversion, consolidation, sub-division or
renewal.
12. Summary determination by the Bank of title to Government security in case of dispute.
13. Law applicable in regard to Government securities.
14. Recording of evidence.
15. Postponement of payments and registration of transfers pending the making of a vesting
order.
16. Power of Bank to require bonds.
17. Publication of notices in Official Gazette.
18. Scope of vesting order.
19. Legal effect of orders made by the Bank.
20. Stay of proceedings on order of Court.
21. Cancellation by the Bank of vesting proceedings.
22. Discharge in respect of interest on Government securities.
23. Discharge in respect of bearer bonds.
24. Period of limitation of Government’s liability in respect of interest.
25. Inspection of documents.
26. The Bank and its officers to be deemed public officers.
27. [Omitted.]
28. Power to make rules.
29. Certain laws not to apply to Government securities.
30. Construction of reference to laws not in force before 1st April, 1951 in Part B States.
31. [Omitted.]
*. Now applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by the Notification of
Government of India, M/o Home Affairs vide No. S.O. 3912 (E), dated 30th October, 2019 (w.e.f. 31-10-2019).
1
-----
# THE PUBLIC DEBT ACT, 1944
ACT No 18 OF 1944[1]
[22nd November, 1944.]
# An Act to consolidate and amend the law relating to Government securities [2]*** and to
the management by the Reserve Bank of India of the public debt of [3] [the Government].
WHEREAS it is expedient to consolidate and amend the law relating to Government
securities [2]*** and to the management by the Reserve Bank of India of the public debt of
3[the Government].
It is hereby enacted as follows:—
**1. Short title and commencement.—(1)** This Act may be called the Public Debt [4]***
Act, 1944.
5* - - -
(3) It shall come into force on such date[6] as the Central Government may, by notification in the
Official Gazette, appoint in this behalf.
**7[1A. Securities to which this Act applies.—This** Act applies to Government securities
created and issued whether before or after the commencement of this Act by the Central
Government or a State Government [8]***.]
**2. Definitions.—In** this Act, unless there is anything repugnant in the subject or context,—
(1) “the Bank” means the Reserve Bank of India;
9[(1A) “the Government”, in relation to any Government security, means the Central or State
Government issuing the security;]
(2) “Government security” means—
(a) a security, created and issued, [10][by the Government] for the purpose of raising a public
loan, and having one of the following forms, namely :—
(i) stock transferable by registration in the books of the Bank; or
1. The Act has been extended to Goa. Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Sch., (w.e.f. 1-2-1965)
to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the Sch. I and to Pondicherry by Reg. 7 of 1963, s. 3 and the Sch. I and
to the whole of the Union territory of Lakshadweep (w.e.f. 1-10-1967) vide Reg. 8 of 1965, s. 3. and the Sch.
2. The Words “issued by the Central Government” omitted by Act 6 of 1949, s. 2 (w.e.f. 1-4-1949) .
3. Subs. by Act 57 of 1956, s. 2 for “the Union and the Part A States” (w.e.f. 15-10-1956).
4. The brackets and words “(Central Government)” omitted by Act 6 of 1949, s. 3 (w.e.f. 1-4-1949).
5. Sub-section (2) omitted by Act 57 of 1956, s. 3 (w.e.f. 15-10-1956).
6. 1st May, 1946, see Gazette of India, 1946, Pt. I. p. 575.
7. Ins. by Act 57 of 1956, s. 4 (w.e.f. 15-10-1956).
8. The words “other than the Government of Jammu and Kashmir” omitted by Act 44 of 1972, s. 2 (w.e.f. 1-9-1972).
9. Ins. by Act 6 of 1949, s. 4 (w.e.f. 1-4-1949).
10. Subs. by Act 57 of 1956, s. 5, for certain words (w.e.f. 15-10-1956).
2
-----
(ii) a promissory note payable to order; or
(iii) a bearer bond payable to bearer; or
(iv) a form prescribed in this behalf;
(b) any other security created and issued by [1][the Government] in such form and
for such of the purposes of this Act as may be prescribed;
(3) “prescribed” means prescribed by rules made under this Act;
(4) “promissory note” includes a treasury bill.
**3. Transfer of Government securities.—(1)** [2][Subject to the provisions of section 5, a
transfer of a Government security shall be made only in the manner prescribed for the making
of transfers of securities of the class to which it belongs, and no transfer of a Government
security which—
(i) is made after the 30th April, 1946, in the case of a security issued by the Central Government,
(ii) is made after the 31st March, 1949, in the case of a security issued by the
Government of a Part A State,
(iii) is made after the 14th October, 1956, in the case of a security issued by the
Government of a Part B State other than *Jammu and Kashmir, [3]***
(iv) is made on or after the 1st day of November, 1956, in the case of a security issued
on or after that day by the Government of any State other than *Jammu and Kashmir,
4[and]
5[(v) is made on or after the 1st day of September, 1972, in the case of a security
issued on or after that day by the Government of *the State of Jammu and Kashmir,]
shall be valid if—]
(a) it does not purport to convey the full title to the security, or
(b) it is of such a nature as to affect the manner in which the security was expressed by [6][the
Government] to be held.
(2) Nothing in this section shall affect any order made by the Bank under this Act, or any order made
by a Court upon the Bank.
**4. Transferor of Government securities not liable for amount thereof.—Notwithstanding**
anything contained in the Negotiable Instruments Act, 1881 (26 of 1881), a person shall not, by
reason only of his having transferred a Government security, be liable to pay any money due
either as principal or as interest thereunder.
**5. Holding of Government securities by holders of public offices.—(1) In the case of any**
public office to which [6][the Government] may, by notification in the Official Gazette, declare
this sub-section to apply, a Government security in the form of stock or of a promissory note
may be held in the name of the office.
(2) When a Government security is so held, it shall be deemed to be transferred without
any or further endorsement or transfer deed from each holder of the office to the succeeding
holder of the office on and from the date on which the latter takes charge of the office.
1. Subs. by Act 57 of 1956, s. 5, for certain words (w.e.f. 15-10-1956).
2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for the opening paragraph.
3. The word “and” omitted by Act 44 of 1972, s. 3 (w.e.f. 1-9-1972).
4. Added by s. 3, ibid. (w.e.f. 1-9-1972).
5. Ins. by s. 3, ibid. (w.e.f. 1-9-1972).
6. Subs. by Act 6 of 1949, s. 6, for “the Central Government” (w.e.f. 1-4-1949).
*. Now applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by the Notification of
Government of India, M/o Home Affairs vide No. S.O. 3912 (E), dated 30th October, 2019 (w.e.f. 31-10-2019).
3
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(3) When the holder of the office transfers to a party not being his successor in office
# a Government security so held, the transfer shall be made by the signature of the holder of the office and the name of the office in the manner and subject to the conditions laid down in section 3.
(4) This section applies as well to an office of which there are two or more joint holders as to an
office of which there is a single holder.
**6. Notice of trust not receivable.—(1) No notice of any trust in respect of any Government security**
shall be receivable by [1][the Government], nor shall [1][the Government], be bound by any such notice even
though expressly given, nor shall [1][the Government], be regarded as a trustee in respect of any
Government security.
(2) Without prejudice to the provisions of sub-section (1), the Bank may, as an act of grace
and without any liability to the Bank or to [1][the Government], record in its books such
directions by the holder of stock for the payment of interest on, or of the maturity value of, or
the transfer of, or such other matters relating to, the stock as the Bank thinks fit.
**7. Persons whose title to a Government security of a deceased sole holder may be recognised**
**by the Bank.—Subject** to the provisions of section 9 the executors or administrators of a deceased
sole holder of a Government security and the holder of a succession certificate issued under Part X of
the Indian Succession Act, 1925 (39 of 1925) shall be the only persons who may be recognised by the
Bank as having any title to the Government security:
Provided that nothing in this section shall bar the recognition by the Bank of the manager or
the sole surviving male member of a Hindu undivided family governed by the Mitakshara Law as
having a title to a Government security, when the security appears to the Bank to stand in the name
of a deceased member of the family and an application is made by such manager or sole surviving
member for recognition of his title and is supported by a certificate signed by such authority and
after such inquiry as may be prescribed to the effect that the deceased belonged to a Hindu
undivided family governed by the Mitakshara Law, that the Government security formed part of
the joint property of the family, and that the applicant is the managing or sole surviving male
member of the family.
_Explanation. —The expression “Hindu undivided family governed by the Mitakshara Law” shall, for_
the purposes of this section, be deemed to include a Malabar tarwad.
**8. Right of survivors of joint holders or several payees.—Notwithstanding** anything contained in
section 45 of the Indian Contract Act, 1872 (9 of 1872),—
(a) when a Government security is held by two or more persons jointly and either or any
of them dies, the title to the security shall vest in the survivor or survivors of those persons,
and
(b) when a Government security is payable to two or more persons severally and either or
any of them dies, the security shall be payable to the survivor or survivors of those persons or
to the representative of the deceased or to any of them:
Provided that nothing contained in this section shall effect any claim which any representative of a
deceased person may have against the survivor or survivors under or in respect of any security to which
this section applies.
_Explanation.—For the purposes of this section_ [2] [a body incorporated or deemed to be
incorporated under the Companies Act, 1956 (1 of 1956)], or the Co-operative Societies Act, 1912
(2 of 1912), or any other enactment for the time being in force whether within or without **[3][India],**
relating to the incorporation of associations of individuals, shall be deemed to die when it is
dissolved.
1. Subs. by Act 6 of 1949, s. 6, for “the Central Government” (w.e.f. 1-4-1949).
2. Subs. by Act 57 of 1956, s. 7, for “a body incorporated under the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 15-10-1956).
3. Subs. by the A.O. 1950, for “the Provinces”.
4
-----
**9.** **Summary procedure on death of holder of Government securities not exceeding five**
# thousand rupees face value.—Notwithstanding anything contained in section 7, if within six months of the death of a person who was the holder of a Government security or securities the face
value of which does not in the aggregate exceed five thousand rupees, probate of his will or letters
of administration of his estate or a succession certificate issued under Part X of the Indian
Succession Act, 1925 (39 of 1925), is not produced to the Bank, or proof to the satisfaction of the
Bank that proceedings have been instituted to obtain one of these is not furnished, the Bank may
determine who is the person entitled to the security or securities, or to administer the estate of the
deceased and may make an order vesting the security or securities in the person so determined.
**1[9A. Application of sections 9B, 9C, etc.—Notwithstanding anything contained in section 1A,**
the provisions of sections 9B and 9C and the power to make rules in relation to any of the matters
referred to in sections 9B and 9C shall apply only to such classes of Government securities created
and issued by the Central Government, whether before or after the commencement of the Public Debt
(Amendment) Act, 1959 (44 of 1959), as that Government may, by notification in the Official
Gazette, specify, and in relation to such classes of securities the provisions of sections 7 and 9 shall
have effect subject to the provisions contained in sections 9B and 9C.
**9B. Nominations by holders of Government securities.—(1) Notwithstanding anything**
contained in any law for the time being in force or any disposition, whether testamentary or
otherwise, in respect of a Government security, where a nomination made in the prescribed
manner purports to confer on any person the right to receive payment of the amount for the time
being due on the security on the death of the holder thereof, the nominee shall, on the death of the
holder of the security, become entitled to the security and to payment thereon to the exclusion of
all other persons, unless the nomination is varied or cancelled in the prescribed manner.
(2) Any nomination referred to in sub-section (1) shall become void if the nominee
predeceases, or where there are two or more nominees all the nominees predecease, the holder
of the security making the nomination.
(3) A transfer of a Government security made in the prescribed manner shall automatically cancel a
nomination previously made :
Provided that where a Government security is held by or on behalf of any person as a
pledgee or by way of security for any purpose, such holding shall not have the effect of
cancelling a nomination, but the right of the nominee shall be subject to the right of the person
so holding it.
(4) Where the nominee is a minor it shall be lawful for the holder of a security to appoint in
the prescribed manner any person to receive the amount for the time being due on the security in
the event of his death during the minority of the nominee, and, where any such appointment has
been made, the Government security shall, after the death of the holder and during the minority
of the nominee, be deemed to be vested in that person as representing the minor.
**9C. Payment on death of holder.—(1) If a person dies and he is at the time of his death the**
holder of a Government security and there is in force at the time of his death a nomination in favour of
any person, the amount for the time being due on the security shall be paid to the nominee.
(2) Where the nominee is a minor, the amount for the time being due on the Government security
shall be paid—
(a) in any case where a person has been appointed to receive it under sub-section (4) of
section 9B, to that person; and
(b) where there is no such person, to the guardian of the minor for the use of the minor.
(3) Where the amount due for the time being on a Government security is payable to two or
more nominees and either or any of them is dead, the title to the security shall vest in the survivor
or survivors of those nominees and the amount for the time being due thereon shall be paid
accordingly.
1. Ins. by Act 44 of 1959, s. 2 (w.e.f. 1-8-1960).
5
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(4) Nothing contained in this section shall be deemed to require any person to accept
payment of the amount due on a Government security before it has reached maturity or otherwise
than in accordance with the terms of the security.
(5) Any payment made in accordance with the provisions of this section of the amount due for the
time being on a Government security shall be a full discharge in respect of the security:
Provided that nothing contained in this section or in section 9B shall affect any right or
claim which any person may have against the person to whom any payment is made under
this section.]
**10. Government securities not exceeding five thousand rupees face value belonging to**
**minor or insane person.—When** a Government security or securities belong to a minor or a
person who is insane and incapable of managing his affairs and the face value of the security
or securities does not in the aggregate exceed five thousand rupees, the Bank may make such
order as it thinks fit for the vesting of such security or securities in such person as it considers
represents the minor or insane person.
**11. Issue of duplicate securities and of new securities on conversion, consolidation,**
**sub-division or renewal.—(1)** If the person entitled to a Government security applies to the
Bank alleging that the security has been lost, stolen or destroyed, or has been defaced or
mutilated, the Bank may, on proof to its satisfaction of the loss, theft, destruction, defacement or
mutilation of the security, subject to such conditions and on payment of such fees as may be
prescribed, order the issue of a duplicate security payable to the applicant.
(2) If the person entitled to a Government security applies to the Bank to have the security
converted into a security of another form, or into a security issued in connection with another
loan or to have it consolidated with other like securities, or to have it sub-divided, or to have it
renewed, the Bank may, subject to such conditions and on payment of such fees as may be
prescribed, cancel the security and order the issue of a new security or securities.
(3) The person to whom a duplicate security or a new security is issued under this section
shall be deemed for the purposes of section 19 to have been recognised by the Bank as the
holder of the security; and a duplicate security or new security so issued to any person shall be
deemed to constitute a new contract between [1][the Government] and such person and all
persons deriving title thereafter through him.
**12. Summary determination by the Bank of title to Government security in case of**
**dispute.—(1)** If the Bank is of opinion that a doubt exists as to the title to a Government security,
it may proceed to determine the person who shall for the purposes of the Bank be deemed to be
the person entitled thereto.
(2) The Bank shall give notice in writing to each claimant of whom it has knowledge, stating
the names of all other claimants and the time when and the officer of the Bank by whom the
determination of the Bank will be made.
(3) The Bank shall give notice in writing to each claimant of the result of the determination
so made.
(4) On the expiry of six months from the issue of the notices referred to in sub-section (3),
the Bank may make an order vesting in the person, found by the Bank to be entitled to the
security, the security and any unpaid interest thereon.
**13. Law applicable in regard to Government securities.—Notwithstanding that as a matter of**
convenience [1][the Government] may have arranged for payments on a Government security to be made
elsewhere than in [2] [India], the rights of all persons in relation to Government securities shall be
determined in connection with all such questions as are dealt with by this Act by the law and in the Courts
of [3][India].
**14. Recording of evidence.** _—(1)_ For the purpose of making any order which it is
# empowered to make under this Act, the Bank may request a District Magistrate [4] *** to
1. Subs. by Act 6 of 1949, s. 6, for “the Central Government” (w.e.f. 1-4-1949).
2. Subs. by Act 57 of 1956, s. 8, for “Part a States and Part C States” (w.e.f. 15-10-1956).
3. Subs. s. 8, ibid., for “those States” (w.e.f. 15-10-1956).
4. The words and letter “or in a Part B State the Political Agent” omitted by s. 9, ibid. (w.e.f. 15-10-1956).
6
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# record or to have recorded the whole or any part of such evidence as any person whose evidence the
Bank requires may produce. A District Magistrate so requested may himself record, or may
direct any Magistrate of the first class subordinate to him or any Magistrate of the second
class subordinate to him and empowered in this behalf by gereral or special order of the State
Government to record the evidence, and shall forward a copy thereof to the Bank.
(2) For the purpose of making a vesting order under this Act the Bank may direct one of its officers to
record the evidence of any person whose evidence the Bank requires or may receive evidence upon
affidavit.
(3) A Magistrate or an officer of the Bank acting in pursuance of this section may administer an oath
to any witness examined by him.
**15. Postponement of payments and registration of transfers pending the making of a**
**vesting order.—Where** the Bank contemplates making an order under this Act to vest a
Government security in any person, the Bank may suspend payment of interest on or the maturity
value of the security or postpone the making of any order under section 11 or the registration of
any transfer of the security until the vesting order has been made.
**16. Power of Bank to require bonds.—(1)** Before making any order which it is empowered
to make under this Act, the Bank may require the person in whose favour the order is to be made
to execute a bond with one or more sureties in such form as may be prescribed or to furnish
security not exceeding twice the value of the subject-matter of the order, to be held at the
disposal of the Bank, to pay to the Bank or any person to whom the Bank may assign the bond or
security in furtherance of sub-section (2) the amount thereof.
(2) A Court before which a claim in respect of the subject-matter of any such order is
established may order the bond or security to be assigned to the successful claimant who shall
thereupon be entitled to enforce the bond or realise the security to the extent of such claim.
**17.** **Publication of notices in Official Gazette.—Any** notice required to be given by the
Bank under this Act may be served by post, but every such notice shall also be published by the
Bank in [1][the Gazette of India or the Official Gazette of the State, according as the notice relates
to a security, issued by the Central Government or a State Government], and on such publication
shall be deemed to have been delivered to all persons for whom it is intended.
**18.** **Scope of vesting order.—An** order made by the Bank under this Act may confer the full
title to a Government security or may confer a title only to the accrued and accruing interest on
the security pending a further order vesting the full title.
**19.** **Legal effect of orders made by the Bank.—No** recognition by the Bank of a person
as the holder of a Government security, and no order made by the Bank under this Act shall be
called in question by any Court so far as such recognition or order affects the relations of
2[the Government] or the Bank with the person recognised by the Bank as the holder of a
Government security or with any person claiming an interest in such security, and any such
recognition by the Bank of any person or any order by the Bank vesting a Government
security in any person shall operate to confer on that person a title to the security subject only
to a personal liability to the rightful owner of the security for money had and received on his
account.
**20. Stay of proceedings on order of Court. —** Where the Bank contemplates making with
reference to any Government security any order which it is empowered to make under this Act, and
before the order is made the Bank receives from a Court in [3][India] an order to stay the making of such
order, the Bank shall either—
1. Subs. by Act 6 of 1949, s. 7, for “the Official Gazette” (w.e.f. 1-4-1949).
2. Subs. by s. 6, ibid., for “the Central Government” (w.e.f. 1-4-1949).
3. Subs. by Act 57 of 1956, s. 10, for “a Part A State or a Part C State” (w.e.f. 15-10-1956).
7
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(a) hold the security together with any interest unpaid or accruing thereon until the further orders
of the Court are received, or
(b) apply to the Court to have the security transferred to the Official Trustees
appointed for the State in which such Court is situated, pending the disposal of the
proceedings before the Court.
**21. Cancellation by the Bank of vesting proceedings.—Where** the Bank contemplates making
an order under this Act vesting a Government security in any person the Bank may, at any time
before the order is made, cancel any proceedings already taken for that purpose and may, on such
cancellation, proceed anew to the making of such order.
**22.** **Discharge in respect of interest on Government securities.—Save** as otherwise expressly
provided in the terms of a Government security, no person shall be entitled to claim interest on
such security in respect of any period which has elapsed after the earliest date on which demand
could have been made for the payment of the amount due on such security.
**23.** **Discharge in respect of bearer bonds.—[1][The** Government] shall be discharged from
all liability on a bearer bond or on any interest coupon of such a bond on payment to the holder
of such bond or coupon on presentation on or after the date when it becomes due of the amount
expressed therein, unless before such payment an order of a Court in [2][India] has been served on
1[the Government] restraining it from making payment.
**24.** **Period of limitation of Government’s liability in respect of interest.—Where** no
shorter period of limitation is fixed by any law for the time being in force, the liability of
1[the Government] in respect of any interest payment due on a Government security shall
terminate on the expiry of six years from the date on which the amount due by way of interest
became payable.
**25.** **Inspection of documents.—No** person shall be entitled to inspect, or to receive
information derived from any Government security in the possession or custody of [1][the
Government] or from any book, register, or other document kept or maintained by or on behalf
of [1][the Government] in relation to Government securities or any Government security, save in
such circumstances and manner and subject to such conditions as may be prescribed.
**26. The Bank and its officers to be deemed public officers.—For** the purposes of
section 124 of the Indian Evidence Act, 1872 (1 of 1872), the provisions of Part IV of the Code
of Civil Procedure, 1908 (5 of 1908), relating to suits by or against public officers in their
official capacity, and the provisions of rule 27 of Order V, and rule 52 of Order XXI of the said
Code, the Bank and any officer of the Bank acting in his capacity as such shall be deemed to be a
public officer.
**27. [Penalty.]** _Omitted. by the Jan Vishwas (Amendment of Provisions)_ _Act, 2023(18_ _of 2023),_ _s. 2_
_and the Schedule (w.e.f. 31-7-2024)._
**28.** **Power to make rules.—(1)** The Central Government may, subject to the condition of
previous publication, by notification in the Official Gazette, make rules to carry out the
purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may
provide for all or any of the following matters, namely : —
(a) the forms in which Government securities may be issued;
(b) the form of the obligations referred to in clause (iv) of sub-clause (a) of clause (2) of
section 2;
1. Subs. by Act 6 of 1949, s. 6, for “The Central Government” (w.e.f. 1-4-1949).
2. Subs. by Act 57 of 1956, s. 11, for “the States” (w.e.f. 15-10-1956).
8
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(c) the conditions subject to which Government securities may be issued to the [1][Rulers of former
Indian States];
(d) the manner in which different forms of Government securities may be transferred;
(e) the holding of Government securities in the form of stock by the holders of offices other
than public offices, and the manner in which and the conditions subject to which Government
securities so held may be transferred;
(f) the manner in which payment of interest in respect of Government securities is to be made and
acknowledged;
(g) the conditions governing the grant of duplicate, renewed, converted, consolidated and
sub-divided Government securities;
(h) the fees to be paid in respect of the issue of duplicate Government securities and of the
renewal, conversion, consolidation and sub-division of Government securities;
(i) the form in which receipt of a Government security delivered for discharge, renewal,
conversion, consolidation or sub-division is to be acknowledged;
(j) the manner of attestation of documents relating to Government securities in the form of stock;
(k) the manner in which any document relating to a Government security or any endorsement on a
promissory note issued by [2][the Government] may, on the demand of a person who from any cause is
unable to write, be executed on his behalf;
(l) the form of the bonds referred to in sub-section (1) of section 16;
(m) the circumstance and the manner in which and the conditions subject to which inspection of
Government securities, books, registers and other documents may be allowed or information
therefrom may be given under section 25;
(n) the procedure to be followed in making vesting orders;
(o) the authority by whom the certificate referred to in the proviso to section 7 is to be granted
and the manner of making the inquiry therein mentioned;
3[(p) the form in which and the persons in whose favour nominations may be made under
section 9B, the manner in which and the conditions and restrictions subject to which such
nominations may be made, the registration, variation or cancellation of such nominations and
the fees that may be levied for such registration, variation or cancellation;
(q) the manner in which any person may be appointed for the purposes of sub-section (4) of
section 9B.]
4[(3) Every rule made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid,
# bothHouses agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 57 of 1956, s. 12, for “rules of Part B States” (w.e.f. 15-10-1956).
2. Subs. by Act 6 of 1949, s. 6, for “the Central Government” (w.e.f. 1-4-1949).
3. Ins. by Act 44 of 1959, s. 3 (w.e.f. 1-8-1960).
4. Subs. by Act 44 of 1972, s. 4, for sub-section (3) (w.e.f. 1-9-1972).
9
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1[29. Certain laws not to apply to Government securities.—The Indian Securities Act, 1920
(10 of 1920), and any law corresponding to that law in force in any Part B State immediately before the
commencement of the Public Debt (Amendment) Act, 1956 (57 of 1956), shall cease to apply to
Government securities to which this Act applies and to all matters for which provision is made by this
Act :
Provided that any such corresponding law shall continue to apply to or in relation to any
securities created and issued by the Government of Hyderabad, Saurashtra or Travancore-Cochin
on or before the 31st day of March, 1953, for such period not exceeding one year from the
commencement of the Public Debt (Amendment) Act, 1956 (57 of 1956), as the Central
Government may, by notification in the Official Gazette, specify.]
**2[30. Construction of reference to laws not in force before 1st April, 1951 in Part B States.—Any**
reference in this Act to any law which did not extend to any Part B State or any part of such State before
the commencement of the Part B States (Laws) Act, 1951 (3 of 1951), shall wherever necessary, be
construed as including a reference to the corresponding law, if any, in force in that State, or, as the case
may be, any part thereof, before the said date.]
**31. [Construction of references to laws not in force in *Jammu and Kashmir.] Omitted by the Jammu**
_and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide_ _notification No._ _S.O. 1123(E)_
dated (18-3-2020) and _vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws)_
_Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]_
1. Subs. by Act 57 of 1956, s. 12, for the original s. 29 (w.e.f. 15-10-1956).
2. Ins. by s. 14, ibid. (w.e.f. 15-10-1956).
10
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|
24-Dec-1945 | 47 | The International Monetary Fund and Bank Act, 1945 | https://www.indiacode.nic.in/bitstream/123456789/2406/1/AAA1945___47.pdf | central | # THE INTERNATIONAL MONETARY FUND AND BANK ACT, 1945
_________
ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title, extent and commencement.
2. Payments to International Fund and Bank.
3. Reserve Bank to be depository for International Fund and Bank.
3A. Reserve Bank to use, receive, acquire, etc., special drawing rights on behalf of
Central Government.
4. Power to call for information.
5. Certain provisions of Agreements to have force of law.
6. [Repealed.].
7. Power to make rules.
# THE SCHEDULE.
1
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# THE INTERNATIONAL MONETARY FUND AND BANK ACT, 1945[1]
ACT NO. 47 OF 1945[1]
[24th December, 1945.]
# An [2][Act] to implement the International Monetary Fund and Bank Agreements.
WHEREAS, at the United Nations Monetary and Financial Conference held at Bretton Woods,
New Hampshire, in July, 1944, Articles of the following agreements were drawn up, and set out
in the Final Act of the said Conference that is to say,—
(a) an agreement (hereinafter referred to as the Fund Agreement) for the establishment and
operation of an international body to be called the International Monetary Fund (hereinafter
referred to as the International Fund), and
(b) an agreement (hereinafter referred to as the Bank Agreement) for the establishment and
operation of an international body to be called the International Bank for Reconstruction and
Development (hereinafter referred to as the International Bank);
3[BE it enacted as follows:—]
**1. Short title, extent and commencement.—(1)** This [2][Act] may be called the International
Monetary Fund and Bank [2][Act], 1945.
(2) It extends to [4][the whole of India [5] * * *].
(3) It shall come into force [6] at once.
**2. Payments to International Fund and Bank.—(1)** [7][There shall be paid, after due appropriation
made by Parliament by law in this behalf, out of the Consolidated Fund of India] all such sums as may
from time to time be required for the purpose of paying—
(a) the subscriptions payable by the Central Government, to the International Fund under
paragraph (a) of section 3 [8]* * * of Article III of the Fund Agreement, and [9][to the International
Bank under paragraphs (a) and (c)] of section 3 of Article II of the Bank Agreement;
(b) any sums payable by the Central Government to the International Fund under
10[section 11 of Article V] of the Fund Agreement, and to the International Bank under
section 9 of Article II of the Bank Agreement;
(c) any charges payable by the Central Government to the International Fund under section 8 of
Article V [11][, or under section 2, section 3 or section 5 of [12][Article XX]],] of the Fund Agreement;
(d) any sums required for implementing the guarantee of the Central Government referred to in
section 3 of Article XIII of the Fund Agreement;
1. Published in the Gazette of India, Extraordinary, dated the 24th December, 1945, as Ordinance No. 47 of 1945. The
Ordinance, made in exercise of the powers conferred by section 72 of the Government of India Act, as set out in the
Ninth Schedule to the Government of India Act, 1935 (26 Geo. 5, c. 2), was converted into an Act by Act 25 of 1959.
2. Subs. by Act 25 of 1959, s. 2, for “Ordinance”.
3. Subs by s. 3, ibid., for the last paragraph of the preamble and the enacting formula.
4. Subs. by the A.O. 1950, for “all the Provinces of India”.
5. The words “except Part B States” omitted by Act 3 of 1951, s. 3 and the Sch.
6. This Act has been extended in its application to the Union territory of Goa, Daman and Diu by Act 11 of 1963, s. 3 and the
Schedule (w.e.f. 1-2-1965).
7. Subs. by Act 41 of 1969, s. 2, for certain words (w.e.f. 26-12-1981).
8. Omitted by Act 67 of 1982, s. 2 (w.e.f. 15-1-1983).
9. Subs. by Act 25 of 1959, s. 4, for “to the International Bank under paragraph (a)”.
10. Subs. by Act 67 of 1982, s. 2, for “paragraph (b) of section of Article IV” (w.e.f. 15-1-1983).
11. Ins. by Act 41 of 1969, s. 2 (w.e.f. 26-12-1981).
12. Subs. by Act 67 of 1982, s. 2, for “Article XXVI” (w.e.f. 15-1-1983).
2
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1[(dd) any assessments required to be paid by the Central Government to the International Fund
under section 4 or section 5 of [2][Article XX] of the Fund Agreement;]
(e) any compensation required to be paid by the Central Government to the International Fund or
to any member thereof under 3[Schedule I, Schedule J or Schedule K] to the Fund Agreement.
(2) The Central Government may, if it thinks fit so to do, create and issue to the International
Fund or International Bank, in such form as it thinks fit, any such non-interest bearing and nonnegotiable notes or other obligations as are provided for by [4][section 4] of Article III of the Fund
Agreement and section 12 of Article V of the Bank Agreement.
**3.** **Reserve Bank to be depository for International Fund and Bank.—The Reserve Bank of**
India (hereinafter referred to as the Reserve Bank) shall be the depository of the [5]* * * Indian currency
holdings of the International Fund and International Bank.
**6[3A.** **Reserve Bank to use, receive, acquire, etc., special drawing rights on behalf of**
**Central Government.—The Reserve Bank may, on behalf of the Central Government, use, receive,**
acquire, hold, transfer or operate the special drawing rights of that Government in the International Fund
and perform all acts supplemental or incidental thereto.]
**4. Power to call for information.—(1) Where under [7][paragraph (b) of section 3 of Article IV or]**
section 5 of Article VIII of the Fund Agreement, the International Fund requires the Central Government
to furnish it with any information, the Central Government, or if generally or specially authorised by the
Central Government in this behalf, the Reserve Bank, may by order in writing require any peson to
furnish to such officer or other person as may be specified in the order such detailed information as the
Central Government or the Reserve Bank, as the case may be, may determine to be essential for the
purpose of complying with the request of the International Fund; and any person so required shall be
bound to furnish such information.
(2) Every officer or person to whom any information is required to be furnished under this section
shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code
(45 of 1860).
(3) No information obtained under this section shall be furnished to the International Fund in such
detail as to disclose the affairs of any person [8]***.
(4) A determination of the Central Government or the Reserve Bank under sub-section (1) as to the
extent of detail in which information is to be furnished shall be final, and in any prosecution under section
176 or section 177 of the Indian Penal Code (45 of 1860) in respect of any information required to be
furnished under this section, it shall not be a defence to assert that the information was required to be
furnished in greater detail than was essential for the purpose of complying with the request of the
International Fund.
(5) No prosecution for an offence in respect of any information required to be furnished under this
section shall be instituted except with the previous sanction of the Central Government.
1. Ins by Act 41 of 1969, s. 2 (w.e.f. 26-12-1981).
2. Subs. by Act 67 of 1982, s. 2, for “Article XXVI” (w.e.f. 15-1-1983).
3. Subs. by s. 2, ibid., for “Schedule D or Schedule E” (w.e.f. 15-1-1983).
4. Subs. by s. 2, ibid., for “section 5” (w.e.f. 15-1-1983).
5. The word “British” omitted by Act 48 of 1952, s. 3 and Sch. II.
6. Ins. by Act 41 of 1969, s. 3 (w.e.f. 26-12-1981).
7. Ins. by Act 67 of 1982, s. 3 (w.e.f. 15-1-1983).
8. Certain words omitted by s. 3, ibid. (w.e.f. 15-1-1983).
3
-----
**5. Certain provisions of Agreements to have force of law.—Notwithstanding** anything to the
contrary contained in any other law, the provisions of the Fund and Bank Agreements set out in the
Schedule shall have the force of law in [1][India]:
Provided that nothing in section 9 of Article IX of the Fund Agreement or in section 9 of Article VII
of the Bank Agreement shall be construed as—
(a) entitling the International Fund or International Bank to import into [1][India] goods
free of any duty of customs without any restriction on their subsequent sale therein, or
(b) conferring on the International Fund or International Bank any exemption from duties or
taxes which form part of the price of goods sold or which are in fact no more than charges for
services rendered.
**6.** [Amendment of section 17, Act 2 _of_ 1934.] _Rep. by the Repealing and Amending Act,_ 1952
(48 of 1952), s. 2 and Sch.
**7. Power to make rules. —** [2][(1)] The Central Government may, by notification in the Official
Gazette, make rules for giving effect to the provisions set out in the Schedule, and generally for carrying
out the purposes of this [3][Act].
4[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before
each House of Parliament while it is in session for a total period of thirty days which may be
comprised in one session or [5][in two or more successive sessions], and if before the expiry of [6][the
session immediately following the session or the successive sessions aforesaid], both Houses agree in
making any modification in the rule, or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case may be, so
however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.]
1. Subs. by Act 3 of 1951, s. 3 and the Sch., for “Part A States and Part C States”.
2. Renumbered as sub-section (1) by Act 25 of 1959, s. 5.
3. Subs. by s. 2, ibid., for “Ordinance”.
4. Ins. by s. 5, ibid.
5. Subs. by Act 67 of 1982, s. 4, for “in two successive sessions” (w.e.f. 15-1-1983).
6. Subs. by s. 4, ibid., for certain words (w.e.f. 15-1-1983).
4
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THE SCHEDULE
(See section 5)
PROVISIONS OF AGREEMENTS WHICH SHALL HAVE FORCE OF LAW
PART I
FUND AGREEMENT
_Paragraph (b) of section 2 of Article VIII_
Exchange contracts which involve the currency of any member and which are contrary to
the exchange control regulations of that member maintained or imposed consistently wi th this
Agreement shall be unenforceable in the territories of any member.
ARTICLE IX
STATUS, IMMUNITIES AND PRIVILEGES
SECTION 1. Purpose of Article
To enable the fund to fulfil the functions with which it is entrusted, the status,
immunities and privileges set forth in this Article shall be accorded to the Fund in the
territories of each member.
SECTION 2. Status of the Fund
The Fund shall possess full juridical personality, and, in particular, the capacity
(i) to contract;
(ii) to acquire and dispose of immovable and movable property;
(iii) to institute legal proceedings.
SECTION 3. Immunity from judicial process
The Fund, its property and its assets, wherever located and by whomsoever held, shall
enjoy immunity from every form of judicial process except to the extent that it expressly
waives its immunity for the purpose of any proceedings or by the terms of any contract.
SECTION 4. Immunity from other action
Property and assests of the Fund, wherever located and by whomsoever held, shall be
immune from search, requisition, confiscation, expropriation or any other form of seizure by
executive or legislative action.
SECTION 5. Immunity of archives
The archives of the Fund shall be inviolable.
SECTION 6. Freedom of assets from restrictions
To the extent necessary to carry out the [1][activities] provided for in this Agreement, all property and
assets of the Fund shall be free from restrictions, regulations, controls and moratoria of any nature.
SECTION 7. Privilege for communications
The official communications of the Fund shall be accorded by members the same
treatment as the official communications of other members.
1. Subs. by Act 67 of 1982 s. 5, for “operations” (w.e.f. 15-1-1983).
5
-----
SECTION 8. Immunities and privileges of officers and employees
All governors, executive directors, alternates, [1][members of committees, representatives
appointed under Article XII, section 3(j), advisers of any of the foregoing persons, officers and
employees] of the Fund
(i) shall be immune from legal process with respect to acts performed by them in their official
capacity except when the Fund waives this immunity;
(ii) not being local nationals, shall be granted the same immunities from immigration
restrictions, alien registration requirements and national service obligations and the same
facilities as regards exchange restrictions as are accorded by members to the representatives,
officials, and employees of comparable rank of other members;
(iii) shall be granted the same treatment in respect of travelling facilities as is accorded by
members to representatives, officials and employees of comparable rank of other members.
SECTION 9. Immunities from taxation
(a) The Fund, its assets, property, income and its operations and transactions
authorized by this Agreement, shall be immune from all taxation and from all customs
duties. The Fund shall also be immune from liability for the collection or payment of any
tax or duty.
(b) No tax shall be levied on or in respect of salaries and emoluments paid by the Fund
to executive directors, alternates, officers or employees of the Fund who are not local
citizens, local subjects, or other local nationals.
(c) No taxation of any kind shall be levied on any obligation or security issued by the
Fund, including any dividend or interest thereon, by whomsoever held
(i) which discriminates against such obligation or security solely because of its
origin; or
(ii) if the sole jurisdictional basis for such taxation is the place or currency in which it is
issued, made payable or paid, or the location of any office or place of business maintained by the
Fund.
2[ ARTICLE XXI
ADMINISTRATION OF THE GENERAL DEPARTMENT AND THE SPECIAL DRAWING RIGHTS
DEPARTMENT
(a) * - - -
( b ) In addition to the privileges and immunities that are accorded under Article IX
of this Agreement, no tax of any kind shall be levied on special drawing rights or on
operations or transactions in special drawing rights.]
PART II
BANK AGREEMENT
ARTICLE VII
STATUS, IMMUNITIES AND PRIVILEGES
SECTION 1. Purpose of Article
To enable the Bank to fulfil the functions with which it is entrusted, the status, immunities and
privileges set forth in this Article shall be accorded to the Bank in the territories of each member.
1. Subs. by Act 67 of 1982, s. 5, for “officers and employees” (w.e.f. 15-1-1983).
2. Ins. by s. 5, ibid. (w.e.f. 15-1-1983).
6
-----
SECTION 2. Status of the Bank
The Bank shall possess full juridical personality, and, in particular, the capacity
(i) to contract;
(ii) to acquire and dispose of immovable and movable property;
(iii) to institute legal proceedings.
SECTION 3. Position of the Bank with regard to judicial process
Actions may be brought against the Bank only in a court of competent jurisdiction in the
territories of a member in which the Bank has an office, has appointed an agent for the purpose
of accepting service or notice of process, or has issued or guaranteed securities. No actions shall,
however, be brought by members or persons acting for or deriving claims from members. The
property and assets of the Bank shall, wheresoever located and by whomsoever held, be immune
from all forms of seizure, attachment or execution before the delivery of final judgment against
the Bank.
SECTION 4. Immunity of assets from seizure
Property and assets of the Bank, wherever located and by whomsoever held, shall be
immune from search, requisition, confiscation, expropriation or any other form of seizure by executive or
legislative action.
SECTION 5. Immunity of archives
The archives of the Bank shall be inviolable.
SECTION 6. Freedom of assets from restrictions
To the extent necessary to carry out the operations provided for in this Agreement and subject to the
provisions of this Agreement, all property and assets of the Bank shall be free from any
restrictions, regulations, controls and moratoria of any nature.
SECTION 7. Privilege for communications
The official communications of the Bank shall be accorded by each member the same
treatment that it accords to the official communications of other members.
SECTION 8. Immunities and privileges of officers and employees
All governors, executive directors, alternates, officers and employees of the Bank
(i) shall be immune from legal process with respect to acts performed by them in their official
capacity except when the Bank waives this immunity;
(ii) not being local nationals, shall be accorded the same immunities from immigra
tion restrictions, alien registration requirements and national service obligations and the
same facilities as regards exchange restrictions as are accorded by members to the
representatives, officials, and employees of comparable rank of other members;
(iii) shall be granted the same treatment in respect of travelling facilities as is recorded
by members to representatives, officials and employees of comparable rank of other
members.
SECTION 9. Immunities from taxation
(a) The Bank, its assets, property, income and its operations and transactions
authorized by this Agreement, shall be immune from all taxation and from all customs
duties. The 'Bank shall also be immune from liability for the collection or payment of any
tax or duty.
7
-----
(b) No tax shall be levied on or in respect of salaries and emoluments paid by the Bank to executive
directors, alternates, officials or employees of the Bank who are not local citizens, local subjects, or other
local nationals.
(c) No taxation of any kind shall be levied on any obligation or security issued by the Bank (including
any dividend or interest thereon) by whomsoever held
(i) which discriminates against such obligation or security solely because it is issued by the Bank;
or
(ii) if the sole jurisdictional basis for such taxation is the place or currency in which it is issued,
made payable or paid, or the location of any office or place of business maintained by the Bank.
(d) No taxation of any kind shall be levied on any obligation or security guaranteed by the Bank
(including any dividend or interest thereon) by whomsoever held
(i) which discriminates against such obligation or security solely because it is guaranteed by the
Bank; or
(ii) if the sole jurisdictional basis for such taxation is the location of any office or place of
business maintained by the Bank.
______
8
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|
23-Apr-1946 | 20 | The Industrial Employmnet (Standing Orders) Act, 1946 | https://www.indiacode.nic.in/bitstream/123456789/2257/1/AAA1946Em__20.pdf | central | # THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
_______
ARRANGEMENT OF SECTION
_______
SECTION
1. Short title, extent and application.
2. Interpretation.
3. Submission of draft standing orders.
4. Conditions for certification of standing orders.
5. Certification of standing orders.
6. Appeals.
7. Date of operation of standing orders.
8. Register of standing orders.
9. Posting of standing orders.
10. Duration and modification of standing orders.
10A. Payment of subsistence allowance.
11. Certifying Officers and appellate authorities to have powers of civil court.
12. Oral evidence in contradiction of standing orders not admissible.
12A. Temporary application of model standing orders.
13. Penalties and procedure.
13A. Interpretation, etc., of standing orders.
13B. Act not to apply to certain industrial establishments.
14. Power to exempt.
14A. Delegation of powers.
15. Power to make rules.
THE SCHEDULE
1
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# THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
ACT NO. 20 OF 1946[1]
[23rd April, 1946.]
# An Act to require employers in industrial establishments formally to define conditions of
employment under them.
WHEREAS it is expedient to require employers in industrial establishments to define with sufficient
precision the conditions of employment under them and to make the said conditions known to workmen
employed by them;
It is hereby enacted as follows:—
**STATE AMENDMENT**
**Maharashtra**
**Amendment of long title of Act XX of 1946.—In the Industrial Employment (Standing Orders) Act,**
1946 (hereinafter referred to as “the said Act” ) for the long title the following shall be substituted,
namely:-
“An Act to provide for defining with sufficient precision certain conditions of employment in
industrial establishment in the State of Bombay.”
[Vide Bombay Act XXI of 1958, s. 2]
**Amendment of preamble of Act XX of 1946.—In the preamble of the said Act, for the portion**
beginning with the words “to require” and ending with the words “by them”, the words “to provide for
defining with sufficient precision certain conditions of employment in industrial establishment in the
State of Bombay, and for certain other matters” shall be substituted.
[Vide Bombay Act XXI of 1958, s. 3]
**1. Short title, extent and application.—(1) This Act may be called the Industrial Employment**
(Standing Orders) Act, 1946.
(2) It extends to[2][the whole of India [3]***].
4
[(3) It applies to every industrial establishment wherein one hundred or more workmen are
employed, or were employed on any day of the preceding twelve months:
Provided that the appropriate Government may, after giving not less than two months’ notice of its
intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial
establishment employing such number of persons less than one hundred as may be specified in the
notification.
5* - - -
6[(4) Nothing in this Act shall apply to—
1. This Act has been extended to—
(i) Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Sch.
(ii) Pondicherry by Regulation 7 of 1963, s. 3 and the Sch. I (w.e.f. 1-10-1963), and
(iii) the whole of the Union territory of Lakshadweep, vide Reg. 8 of 1965, s. 3 and the Sch.
The Act has been amended in its application to—
(i) Maharashtra by Maharashtra Act 54 of 1974.
(ii) Mysore by Mysore Act 37 of 1975.
(iii) Madras by Madras Act 24 of 1960, and
(iv) Andhra Pradesh by A. P. Act 9 of 1969.
2. Subs. by the A.O. 1950, for “all the Provinces of India”.
3. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 (w.e.f. 1-9-1971).
4. Subs. by Act 16 of 1961, s. 2, for sub-section (3).
5. Second proviso omitted by Act 39 of 1963, s. 2 (w.e.f. 23-12-1963).
6. Ins. by s. 2, ibid. (w.e.f. 23-12-1963).
2
-----
(i) any industry to which the provisions of Chapter VII of the Bombay Industrial Relations Act,
1946 (Bombay Act 11 of 1947) apply; or
(ii) any industrial establishment to which the provisions of the Madhya Pradesh Industrial
Employment (Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961) apply:
Provided that notwithstanding anything contained in the Madhya Pradesh Industrial Employment
(Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961), the provisions of this Act shall apply
to all industrial establishments under the control of the Central Government.]
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 1.—In section 1 of the Industrial Employment (Standing Orders) Act, 1946**
(Central Act 20 of 1946) in its application to the State of Karnataka, for the words “one hundred”
occurring in sub-section (3) and in the proviso to it, the word “fifty”, shall be substituted.
[Vide Karnataka Act 37 of 1975, s. 2]
**Maharashtra**
**Amendment of section 1 of Act XX of 1946.—In sub-section (3) of section 1 of the said Act, for the**
words “one hundred” the word “fifty” shall be substituted.
[Vide Bombay Act XXI of 1958, s. 4]
**2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,—**
1[(a) “appellate authority” means an authority appointed by the appropriate Government by
notification in the Official Gazette to exercise in such area as may be specified in the notification the
functions of an appellate authority under this Act:
Provided that in relation to an appeal pending before an Industrial Court or other authority
immediately before the commencement of the Industrial Employment (Standing Orders) Amendment
Act, 1963 (39 of 1963), that court or authority shall be deemed to be the appellate authority;]
(b) “appropriate Government” means in respect of industrial establishments under the control of
the Central Government or a [2][Railway administration] or in a major port, mine or oil-field, the
Central Government, and in all other cases, the State Government:
3[Provided that where any question arises as to whether any industrial establishment is under the
control of the Central Government, that Government may, either on a reference made to it by the
employer or the workman or a trade union or other representative body of the workmen, or on its own
motion and after giving the parties an opportunity of being heard, decide the question and such
decision shall be final and binding on the parties;]
4[(c) “Certifying Officer” means a Labour Commissioner or a Regional Labour Commissioner,
and includes any other officer appointed by the appropriate Government, by notification in the
Official Gazette, to perform all or any of the functions of a Certifying Officer under this Act;]
(d) “employer” means the owner of an industrial establishment to which this Act for the time
being applies, and includes—
(i) in a factory, any person named under [5][clause (f) of sub-section (1) of section 7, of the
Factories Act, 1948 (63 of 1948)], as manager of the factory;
1. Subs. by Act 39 of 1963, s. 3, for cl. (a) (w.e.f. 23-12-1963).
2. Subs. by the A.O. 1950, for “Federal railway”.
3. Added by Act 18 of 1982, s. 2 (w.e.f. 17-5-1982).
4. Subs. by Act 16 of 1961, s.3, for cl. (c).
5. Subs. by s. 3, ibid., “for clause (e) of sub-clause (1) of section 9 of Factories Act, 1934 (25 of 1934)”.
3
-----
(ii) in any industrial establishment under the control of any department of any Government in
India, the authority appointed by such Government in this behalf, or where no authority is so
appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for the
supervision and control of the industrial establishment;
(e) “industrial establishment” means—
(i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages
Act, 1936 (4 of 1936), or
1[(ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948),
or]
(iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act; 1890 (9 of
1890), or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner
of any industrial establishment, employs workmen;
(f) “prescribed” means prescribed by rules made by the appropriate Government under this Act;
(g) “standing orders” means rules relating to matters set out in the Schedule;
(h) “trade union” means a trade union for the time being registered under the Indian Trade Unions
Act, 1926 (16 of 1926);
2[(i) “wages” and “workman” have the meanings respectively assigned to them in clauses (rr) and
(s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947).]
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 2 of Act XX of 1946.—In section 2 of the said Act,--**
(a) before clause (a), insert the following clause, namely:-
"(1a) 'amendments' mean in relation to the model standing orders any amendments proposed
to such orders under section 3 and includes any alterations, variations or additions proposed
thereto;
(b) in clause (d), for sub-clause (iii), substitute the following sub-clause, namely:-
"(iii) in any other industrial establishment-
(a) any person responsible to the owner for the supervisions and control of the
industrial establishment;
(b) where a person who, for the purpose of fulfilling a contract with the owner of the
industrial establishment, employs workmen on the premises of the establishment for the
execution of the whole or any part of any work which is ordinarily part of such
establishment then in relation to such workmen, the owner of the industrial
establishment;
(c) in clause (e), delete sub-clause (iv) shall be deleted;
(d) after clause (e), insert the following clauses, namely:-
"(ee) 'model standing orders' mean standing orders prescribed under section 15;
(ef) 'modification' includes in relation to a standing order, any alteration, variation,
addition or deletion in, or to, such order;"
[Vide Bombay Act XXI of 1958, s. 5]
1. Subs. by Act 16 of 1961, s. 3, for sub-clause (ii)
2. Subs. by Act 18 of 1982, s. 2 for cl. (i) (w.e.f. 17-5-1982).
4
-----
**Insertion of new section 2A in Act XX of 1946.—After section 2 of the said Act, the following**
section shall be inserted, namely:-
**"2A. Application of model standing orders to every industrial establishment.--(1) Where this**
Act applies to an industrial establishment, the model standing orders for every matter set out in the
Schedule applicable to such establishment shall apply to such establishment from such date as the
State Government may by notification in the Official Gazette appoint in this behalf:
Provided that nothing in this section shall be deemed to affect any standing orders which are
finally certified under this Act and have come into operation under this Act in respect of any
industrial establishment before the date of the coming into force of the Industrial Employment
(Standing Orders) Bombay Amendment) Act, 1957."
[Vide Bombay Act XXI of 1958, s. 6]
**Maharashtra**
**Amendment of section 2 of Act XX of 1946.—In section 2 of the Industrial Employment (Standing**
Orders) act, 1946, in clause (d),-
(1) for sub-clause (iii) the following shall be substituted, namely:-
“(iii) in any other industrial establishment—
(a) any person responsible to the owner for the supervision and control of the industrial
establishment;
(b) where a person who for the purpose of fulfilling a contract with the owner of the
industrial establishment employs workmen on the premises of the establishment for the
execution of the whole or any part of any work which is ordinarily part of such establishment
then in relation to such workmen, the owner of the industrial establishment;
(2) sub-clause (iv) shall be, deleted;
[Vide Bombay Act XXXVI of 1956, s. 2]
**Maharashtra**
**Amendment of section 2A of Act XX of 1946.—In the Industrial Employment (Standing Orders)**
Act, 1946, in its application to the State of Maharashtra (hereinafter, referred to as the “Principal Act”),
section 2A shall be renumbered as sub-section (1) of that section, and after sub-section (1) so
renumbered, the following new sub-section shall be added, namely:-
“(2) Notwithstanding anything contained in the proviso to sub-section (1), model standing orders
made in respect of additional matters included in the Schedule after the coming into force of the Act
referred to in that proviso (being additional matters relating to probationers or badlis or temporary or
casual workmen) shall unless such model standing orders are in the opinion of Certifying Officer less
advantageous to them than the corresponding standing orders applicable to them under the said
proviso also apply in relation to such workmen in the establishments referred to in the said proviso
from such date as the State Government may, by notification in the Official Gazette, appoint in this
behalf. "
# [Vide Maharashtra Act LIV of 1974, s. 2]
**3. Submission of draft standing orders.—(1) Within six months from the date on which this Act**
becomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer five
copies of the draft standing orders proposed by him for adoption in his industrial establishment.
(2) Provision shall be made in such draft for every matter set out in the Schedule which may be
applicable to the industrial establishment, and where model standing orders have been prescribed, shall
be, so far as is practicable, in conformity with such model.
5
-----
(3) The draft standing orders submitted under this section shall be accompanied by a statement giving
prescribed particulars of the workmen employed in the industrial establishment including the name of the
trade union, if any, to which they belong.
(4) Subject to such conditions as may be prescribed, a group of employers in similar industrial
establishments may submit a joint draft of standing orders under this section.
**STATE AMENDMENT**
**Karnataka**
**Substitution of section 3.—For section 3 of the Industrial Employment (Standing Orders) Act, 1946**
(hereinafter referred to as the principal Act), the following shall be substituted, namely:-
“3. Submission of Standing Orders.—(1) Within six months from the date on which the
Industrial Employment (Standing Orders) (Karnataka Amendment) Act, 2005 becomes applicable to
an industrial establishment, the employer shall prepare the Standing Orders proposed by him for
adoption in his industrial establishment.
(2) The Standing Order prepared as required under sub-section (1) shall refer to every matter set
out in the schedule which may be applicable to the Industrial establishment and where Model
Standing Orders have been prescribed shall be so far as is practicable in conformity with such Model
Standing Order.
(3) The Standing Orders so prepared shall be discussed with the Trade unions existing in the
Industrial establishment or representatives of the workmen, before adoption and the employee
providing proof thereof:
Provided no Standing Order adopted under this sub-section shall be effective unless a copy
thereof as adopted is sent to the Certifying Officer by Registered Post Acknowledgement due and the
acknowledgement therefor is received and filed.
(4) If there is no dispute with regard to the clauses and matters set out in the Standing Orders
drafted by the employer of the Industrial Establishment, then it shall be adopted in the Industrial
Establishment as if it is certified under this Act and a copy thereof shall be sent immediately to the
Certifying Authority by Registered Post Acknowledgement Due.
(5) If there is any dispute or disagreement with regard to the adoption of any clauses or matter set
out in the schedule between the employer and the trade Union or workmen representatives, then such
Standing Orders drafted by the employer shall be submitted to the Certifying Officer notified under
the rules with thirty days from the date of dispute, for adoption in the Industrial establishment.”
[Vide Karnataka Act 12 of 2014, s. 2]
**Maharashtra**
**Amendment of section 3 of Act XX of 1946.—In section 3 of the said Act,--**
(a) for sub-section (1), the following shall be substituted, namely:-
"(1) Within six months from the date on which the model standing orders apply to any
industrial establishment under section 2A, the employer or any workman employed therein may
submit to the Certifying Officer five copies of the draft amendments for adoption in such
industrial establishment:
Provided that no amendment which provides for the deletion or omission of any rule in the
model standing orders relating to any matter set out in the Schedule shall be submitted under this
section;"
(b) sub-section (2) shall be deleted.
(c) in sub-section (3), for the words "draft standing orders, substitute "draft amendments"
shall be substituted.
6
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(d) in sub-section (4), for the words "draft of standing orders", substitute "draft of
amendments".
(e) for the marginal note, the marginal note "Submission of amendments." Shall be
substituted.
[Vide Bombay XXI of 1958, s. 7]
**4. Conditions for certification of standing orders.—Standing orders shall be certifiable under this**
Act if—
(a) provision is made therein for every matter set out in the Schedule which is applicable to the
industrial establishment, and
(b) the standing orders are otherwise in conformity with the provisions of this Act;
and it[1][shall be the function] of the Certifying Officer or appellate authority to adjudicate upon the
fairness or reasonableness of the provisions of any standing orders.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 4.-In section 4 of the principal Act, for the words “Standing Orders shall be**
certifiable”, the words, brackets and figures “In the event of submitting the draft Standing Order under
sub-section (5) of the section 3, the Standing Orders shall be certifiable” shall be substituted.
[Vide Karnataka Act 12 of 2014, s. 3]
**Maharashtra**
**Deletion of section 4 of Act XX of 1946.—Section 4 of the said Act shall be deleted.**
[Vide Bombay Act XXI of 1958, s. 8]
**5. Certification of standing orders.—(1) On receipt of the draft under section 3, the Certifying**
Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such
trade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribed
form requiring objections, if any, which the workmen may desire to make to the draft standing orders to
be submitted to him within fifteen days from the receipt of the notice.
(2) After giving the employer and the trade union or such other representatives of the workmen as
may be prescribed an opportunity of being heard, the Certifying Officer shall decide whether or not any
modification of or addition to the draft submitted by the employer is necessary to render the draft standing
orders certifiable under this Act, and shall make an order in writing accordingly.
(3) The Certifying Officer shall thereupon certify the draft standing orders, after making any
modifications therein which his order under sub-section (2) may require, and shall within seven days
thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his
order under sub-section (2) to the employer and to the trade union or other prescribed representatives of
the workmen.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 5.-In section 5 of the principal Act, in sub-section (1), for the word and the**
figure “section 3”, the words, brackets and figure “sub-section (5) of section 3” shall be substituted.
[Vide Karnataka Act 12 of 2014, s. 4]
1. Subs. by Act 36 of 1956, s. 32 for “shall not be the function” (w.e.f.17-9-1956).
7
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**Maharashtra**
**Amendment of section 5 of Act XX of 1946.—In section 5 of the said Act,--**
(a) in sub-section (1),-
(i) after the words "as may be prescribed", insert "or the employer, as the case may be",
and after the word "workmen" where it occurs for the third time, insert "or employer";
(ii) for the words "draft standing orders", substitute the words "draft amendments".
(b) in sub-section (2),-
(i) after the words "giving the employer", insert "the workmen submitting the
amendments";
(ii) delete the words "or addition to";
(iii) for the words "the draft submitted by the employer is necessary to render the draft
standing orders certifiable under this Act", substitute "the draft submitted under sub-section
(1) of section 3 is necessary".
(c) in sub-section (3),-
(i) for the words "certify the draft standing orders", substitute "certify the draft
amendments";
(ii) for the words "certified standing orders", substitute "model standing orders together
with copies of the certified amendments thereof".
(d) in the marginal note, for the words "standing orders", substitute the word "amendments".
[Vide Bombay Act XXI of 1958, s. 9]
**6. Appeals.—(1)[1][Any employer, workmen, trade union or other prescribed representatives of the**
workmen] aggrieved by the order of the Certifying Officer under sub-section (2) of section 5 may,
within[2][thirty days] from the date on which copies are sent under sub-section (3) of that section, appeal to
the appellate authority, and the appellate authority, whose decision shall be final, shall by order in writing
confirm the standing orders either in the form certified by the Certifying Officer or after amending the
said standing orders by making such modifications thereof or additions thereto as it thinks necessary to
render the standing orders certifiable under this Act.
(2) The appellate authority shall, within seven days of its order under sub-section (1), send copies
thereof to the Certifying Officer, to the employer and to the trade union or other prescribed
representatives of the workmen, accompanied, unless it has confirmed without amendment the standing
orders as certified by the Certifying Officer, by copies of the standing orders as certified by it and
authenticated in the prescribed manner.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 6 of Act XX of 1946.—In section 6 of the said Act,--**
(a) in sub-section (1) for the portion beginning with "confirm the standing orders" and ending
with "certifiable under this Act", substitute the following, namely:-- "confirm the amendments
either in the form certified by the Certifying Officer or after further modifying the same as the
appellate authority thinks necessary."
(b) in sub-section (2),-
(i) for the words "unless it has confirmed without amendment the standing orders",
substitute "unless it has confirmed without further modifications the amendments";
(ii) for the words "by copies of the standing orders", substitute "by copies of the model
standing orders together with the amendments".
[Vide Bombay Act XXI of 1958, s. 10]
1. Subs. by Act 18 of 1982, s. 3, for “Any person” (w.e.f. 17-5-1982).
2. Subs. by Act 16 of 1961, s. 4, for “twenty-one days”.
8
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**7. Date of operation of standing orders.—Standing orders shall, unless an appeal is preferred under**
section 6, come into operation on the expiry of thirty days from the date on which authenticated copies
thereof are sent under sub-section (3) of section 5, or where an appeal as aforesaid is preferred, on the
expiry of seven days from the date on which copies of the order of the appellate authority are sent under
sub-section (2) of section 6.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 7.-Section 7 shall be renumbered as sub-section (2), thereof and before sub-**
section (2) as so renumbered, the following shall be inserted, namely:
“(1) Standing Orders ass adopted under sub-section (4) of section 3 shall come into operation on the
expiry of 30 days from the date on with the employer and the trade union or workmen representatives
agree to adopt the standing orders.”
[Vide Karnataka Act 12 of 2014, s. 5]
**Maharashtra**
**Amendment of section 7 of Act XX of 1946. –In section 7 of the said Act and in the marginal note**
thereto, after the words “standing orders” the words “or amendments” shall be inserted.
[Vide Bombay Act XXI of 1958, s. 11]
**8. Register of standing orders.—A copy of all standing orders as finally certified under this Act**
shall be filed by the Certifying Officer in a register in the prescribed form maintained for the purpose, and
the Certifying Officer shall furnish a copy thereof to any person applying therefore on payment of the
prescribed fee.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 8.-In section 8 of the principal Act, after the words “finally certified”, the**
words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 6]
**Maharashtra**
**Amendment of section 8 of Act XX of 1946.—In section 8 of the said Act,--**
(a) After the words "all standing orders", insert the words "or model standing orders together with
all the amendments" shall be inserted;
(b) in the marginal note, after the words "standing orders", insert "and model standing orders
together with all certified amendments" shall be inserted.
[Vide Bombay Act XXI of 1958, s. 12]
**9. Posting of standing orders.—The text of the standing orders as finally certified under this Act**
shall be prominently posted by the employer in English and in the language understood by the majority of
his workmen on special boards to be maintained for the purpose at or near the entrance through which the
majority of the workmen enter the industrial establishment and in all departments thereof where the
workmen are employed.
9
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**STATE AMENDMENT**
**Karnataka**
**Amendment of section 9.—In section 9 of the principal Act, after the words “finally certified”, the**
words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 7]
**Maharashtra**
**Amendment of section 9 of Act XX of 1946.—In section 9 of the said Act,--**
(a) after the words "standing orders", insert the words "or model standing orders together with all
the amendments";
(b) in the marginal note, after the words "standing orders", insert the words "and model standing
orders together with all certified amendments"
[Vide Bombay Act XXI of 1958, s. 13]
**10. Duration and modification of standing orders.—(1) Standing orders finally certified under this**
Act shall not, except on agreement between the employer and the workmen[1][or a trade union or other
representative body of the workmen], be liable to modification until the expiry of six months from the
date on which the standing orders or the last modifications thereof came into operation.
2[(2) Subject to the provisions of sub-section (1), an employer or workman1[or a trade union or other
representative body of the workmen] may apply to the Certifying Officer to have the standing orders
modified, and such application shall be accompanied by five copies of [3]*** the modifications proposed to
be made, and where such modifications are proposed to be made by agreement between the employer and
the workmen[1][or a trade union or other representative body of the workmen], a certified copy of that
agreement shall be filed along with the application.]
(3) The foregoing provisions of this Act shall apply in respect of an application under sub-section (2)
as they apply to the certification of the first standing orders.
4[(4) Nothing contained in sub-section (2) shall apply to an industrial establishment in respect of
which the appropriate Government is the Government of the State of Gujarat or the Government of the
State of Maharashtra.]
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 10.-In section 10 of the principal Act,-**
(i) in sub-section (1), after the words finally certified”, the words “or adopted” shall be inserted;
(ii) after sub-section (2) the following proviso shall be inserted, namely:
“Provided that nothing in this sub-section shall be applicable in case of modifications
mutually agreed by an employer, workmen or a trade union or other representative body of the
workmen and such modifications shall be effected under sub-sections (3) and (4) of section 3.”
[Vide Karnataka Act 12 of 2014, s. 8]
**Maharashtra**
**Amendment of section 10 of Act XX of 1946.—In section 10 of the said Act,--**
(a) in sub-section (1),-
1. Ins. by Act 18 of 1982, s. 4 (w.e.f. 17-5-1982).
2. Subs. by Act 36 of 1956, s. 32, for sub-section (2) (w.e.f. 17-9-1956).
3. Certain words omitted by Act 39 of 1963, s. 4 (w.e.f. 23-12-1963).
4. Ins. by s. 4, ibid. (w.e.f. 23-12-1963).
10
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(i) after the words "standing orders", at both the places where they occur, "or the
amendments"; shall be inserted;
(ii) after the words "came into operation", add the following:-
"and where model standing orders have not been amended as aforesaid, the model
standing orders shall not be liable to such modification until the expiry of one year from the
date on which they were applied under section 2A".
(b) for sub-section (2), substitute the following sub-section, namely:-
"(2) Subject to the provisions of sub-section (1), an employer, workman or any prescribed
representatives of workmen desiring to modify the standing orders or the model standing
orders together with the amendments, as finally certified under this Act, or the model
standing orders applied under section 2A, as the case may be, shall make an application to the
Certifying Officer in that behalf, and such application shall be accompanied by five copies of
the standing orders, or the model standing orders, together with all amendments thereto as
certified under this Act or model standing orders in which shall be indicated the
modifications proposed to be made and where such modifications are proposed to be made by
agreement between the employer and workmen a certified copy of the agreement shall be
filed along with the application"
[Vide Bombay Act XXI of 1958, s. 14]
**Maharashtra**
**Amendment of section 10 of Act XX of 1946.—In section 10 of the principal Act in sub-section (4),**
the words “or the Government of the State of Maharashtra” shall be deleted.
[Vide Maharashtra Act LIV of 1974, s. 3]
1[10A. Payment of subsistence allowance.—(1) Where any workmen is suspended by the employer
pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall
pay to such workman subsistence allowance—
(a) at the rate of fifty per cent. of the wages which the workman was entitled to immediately
preceding the date of such suspension, for the first ninety days of suspension; and
(b) at the rate of seventy-five per cent. of such wages for the remaining period of suspension if
the delay in the completion of disciplinary proceedings against such workman is not directly
attributable to the conduct of such workman.
(2) If any dispute arises regarding the subsistence allowance payable to a workman under sub-section
(1) the workman or the employer concerned may refer the dispute to the Labour Court, constituted under
the Industrial Disputes Act, 1947 (14 of 1947), within the local limits of whose jurisdiction the industrial
establishment wherein such workman is employed is situate and the Labour Court to which the dispute is
so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such
decision shall be final and binding on the parties.
(3) Notwithstanding anything contained in the foregoing provisions of this section, where provisions
relating to payment of subsistence allowance under any other law for the time being in force in any State
are more beneficial than the provisions of this section, the provisions of such other law shall be applicable
to the payment of subsistence allowance in that State.]
**11. Certifying Officers and appellate authorities to have powers of civil court.—[2][(1)] Every**
Certifying Officer and appellate authority shall have all the powers of a Civil Court for the purposes of
receiving evidence, administering oaths, enforcing the attendance of witnesses, and compelling the
1. Ins. by Act 18 of 1982, s. 5 (w.e.f. 17-5-1982).
2. S. 11 renumbered as sub-section (1) thereof by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).
11
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discovery and production of documents, and shall be deemed to be a civil court within the meaning of
1[sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).]
2[(2) Clerical or arithmetical mistakes in any order passed by a Certifying Officer or appellate
authority, or errors arising therein from any accidental slip or omission may, at any time, be corrected by
that Officer or authority or the successor in office of such Officer or authority, as the case may be.]
**12. Oral evidence in contradiction of standing orders not admissible.—No oral evidence having**
the effect of adding to or otherwise varying or contradicting standing orders as finally certified under this
Act shall be admitted in any Court.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 12.-In section 12 of the principal Act, after the words “finally certified”, the**
words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 9]
**Maharashtra**
**Amendment of section 12 of Act XX of 1946.—In section 12 of the said Act,--**
(a) for the words "standing orders as finally certified under this Act” the words “standing orders
or the model standing orders, or model standing standing orders” with all the amendments as finally
under this Act, as case may be,” shall be substituted.
(b) in the marginal note, for the words “standing order” the words “standing orders, etc,” shall be
substituted.
# [Vide Bombay Act XXI of 1958, s. 15]
**3[12A. Temporary application of model standing orders.—(1) Notwithstanding anything contained**
in sections 3 to 12, for the period commencing on the date on which this Act becomes applicable to an
industrial establishment and ending with the date on which the standing orders as finally certified under
this Act come into operation under section 7 in that establishment, the prescribed model standing orders
shall be deemed to be adopted in that establishment, and the provisions of section 9, sub-section (2) of
section 13 and section 13A shall apply to such model standing orders as they apply to the standing orders
so certified.
(2) Nothing contained in sub-section (1) shall apply to an industrial establishment in respect of which
the appropriate Government is the Government of the State of Gujarat or the Government of the State of
Maharashtra.]
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 12A.- In section 12A of the principal Act, after the words “finally certified”,**
the words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 10]
**13. Penalties and procedure.—(1) An employer who fails to submit draft standing orders as required**
by section 3, or who modifies his standing orders otherwise than in accordance with section 10, shall be
punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence
with a further fine which may extend to two hundred rupees for every day after the first during which the
offence continues.
1. Subs. by Act 18 of 1982, s. 6, for “sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898)”
(w.e.f. 17-5-1982).
2. Ins. by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).
3. Ins. by Act 39 of 1963, s. 6 (w.e.f. 23-12-1963).
12
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(2) An employer who does any act in contravention of the standing orders finally certified under this
Act or his industrial establishment shall be punishable with fine which may extend to one hundred rupees,
and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for
every day after the first during which the offence continues.
(3) No prosecution for an offence punishable under this section shall be instituted except with the
previous sanction of the appropriate Government.
(4) No Court inferior to that of [1][a Metropolitan Magistrate or Judicial Magistrate of the second class]
shall try any offence under this section.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 13.-In section 13 of the principal Act,-**
(i) in sub-section (1), after the words and figure “Standing Orders as required by section 3”, the
words and figures “or who fails to adopt Standing Orders as required by sub-section (4) of section 3”
shall be inserted;
(ii) in sub-section (2), after the words “finally certified”, the words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 11]
**Maharashtra**
**Amendment of section 13 of Act XX of 1946.—(a) in sub-section (1),--**
(i) for "who fails to submit draft standing orders as required by section 3, or who modifies his
standing orders", substitute "who modifies the standing orders, model standing orders or
amendments";
(ii) for "section 10", substitute "the provisions of this Act";
(iii) for "shall be punishable", substitute "shall on conviction, be punished".
(b) in sub-section (2), for the words "the standing orders finally certified under this Act for his
industrial establishment shall be punishable", substitute the words "the standing orders, model
standing orders or the amendments as finally certified under this Act for his industrial establishment,
as the case may be, shall, on conviction, be punished" shall be substituted.
(c) after sub-section (2), insert the following sub-sections, namely:-
"(2A) Whoever contravenes the provisions of this Act or of any rule made thereunder in cases
other than those falling under sub-section (1) or sub-section (2), shall, on conviction, be punished
with fine which may extend to one hundred rupees and in the event of such person being
previously convicted of an offence under this Act, with fine which may extend to two hundred
rupees and in the case of a continuing offence with a further fine which may extend to twentyfive rupees for every day after the first during which the offence continues.
(2B) The Court convicting an employer under sub-section (1) or sub-section (2) may direct
such employer to pay such compensation as it may determine to any workman directly and
adversely affected by the modification or contravention of the standing orders, model standing
orders or amendments, as the case may be.
(2C) The compensation awarded under sub-section (2B) may be recovered as if it were a fine
and if it cannot be so recovered, the person by whom it is payable shall be sentenced to
imprisonment of either description for a term not exceeding three months as the Court thinks fit".
[Vide Bombay Act XXI of 1958, s. 15]
1. Subs. by Act 18 of 1982, s. 7, for “a Metropolitation Magistrate or Judicial Magistrate of the second class” (w.e.f. 17-5-1982).
13
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**1[13A. Interpretation, etc., of standing orders.—If any question arises as to the application or**
interpretation of a standing order certified under this Act, any employer or workman [2][or a trade union or
other representative body of the workmen] may refer the question to any one of the Labour Courts
constituted under the Industrial Disputes Act, 1947 (14 of 1947), and specified for the disposal of such
proceeding by the appropriate Government by notification in the Official Gazette, and the Labour Court
to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the
question and such decision shall be final and binding on the parties.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 13-A.-In section 13-A of the principal Act, after the words “Standing Orders**
Certified the words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 12]
**Maharashtra**
**Amendment of section 13A of Act XX of 1946.—** In section 13A, after the words "standing order"
and in the marginal note thereto after the words "standing orders", insert the words "model standing order
or amendments"; and after the word "workman", insert "or any prescribed representatives of workmen".
[Vide Bombay Act XXI of 1958, s. 17]
**13B. Act not to apply to certain industrial establishments.—Nothing in this Act shall apply to an**
industrial establishment in so far as the workmen employed therein are persons to whom the Fundamental
and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services
(Temporary Services) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence
Service (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any
other rules or regulations that may be notified in this behalf by the appropriate Government in the Official
Gazette, apply.]
**STATE AMENDMENT**
**Jammu and Kashmir and Ladakh (UTs).—**
**Insertion of new section—After section 13B, insert—**
“13C. Compounding of offences.—(1) Any offence punishable under the Act may, either before or
after the institution of the prosecution, on an application by the alleged offender, be compounded by
payment of compounding amount of not more than rupees fifty thousand, by such officer or authority as
the appropriate Government may, by notification in the official Gazette, specify in this behalf for the
amount of rupees fifty thousand:
Provided that the appropriate Government may, by notification in the Official Gazette, amend the said
specified compounding amount:
Provided further that the offences of the same nature committed by the same offender for more than
three occasions shall not be compoundable:
Provided also that such offences shall be compounded only after the alleged offender has acted to the
satisfaction of such officer or authority that such offence is not continued any further.
(2) Where an offence has been compounded under sub-section (1), no further proceedings shall be
taken against the offender in respect of such offence and the offender, if in custody, shall be released or
discharged.”.
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 3774(E), dated (23-10-2020) and Vide Union Territory of Jammu and Kashmir Reorganisation
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3465(E), dated (5-10-2020).]
1. Ins. by Act 36 of 1956, s. 32 (w.e.f. 10-3-1957).
2. Ins. by Act 18 of 1982, s. 8 (w.e.f. 17-5-1982).
14
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**14. Power to exempt.—The appropriate Government may by notification in the Official Gazette**
exempt, conditionally or unconditionally, any industrial establishment or class of industrial
establishments from all or any of the provisions of this Act.
**1[14A. Delegation of powers.—The appropriate Government may, by notification in the Official**
Gazette, direct that any power exercisable by it under this Act or any rules made thereunder shall, in
relation to such matters and subject to such conditions, if any, as may be specified in the direction, be
exercisable also—
(a) where the appropriate Government is the Central Government, by such officer or authority
subordinate to the Central Government or by the State Government or by such officer or authority
subordinate to the State Government, as may be specified in the notification;
(b) where the appropriate Government is a State Government, by such officer or authority
subordinate to the State Government as may be specified in the notification.]
**15. Power to make rules.—(1) The appropriate Government may, after previous publication, by**
notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) prescribe additional matters to be included in the Schedule, and the procedure to be followed
in modifying standing orders certified under this Act in accordance with any such addition;
(b) set out model standing orders for the purposes of this Act;
(c) prescribe the procedure of Certifying Officers and appellate authorities;
(d) prescribe the fee which may be charged for copies of standing orders entered in the register of
standing orders;
(e) provide for any other matter which is to be or may be prescribed:
Provided that before any rules are made under clause (a) representatives of both employers and
workmen shall be consulted by the appropriate Government.
2[(3) Every rule made by the Central Government under this section shall be laid as soon as may be
after it is made, before each House of Parliament while it is in session for a total period of thirty days
which may be comprised in one session or [3][in two or more successive sessions, and if, before the expiry
of the session immediately following the session or the successive sessions aforesaid], both Houses agree
in making any modification in the rule or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however
that any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.]
**STATE AMENDMENT**
**Maharashtra**
**Amendment of section 15 of Act XX of 1946.—In section 15 of the said Act, in sub-section (2),--**
(a) in clause (a), after the words “standing orders” the words “or amendments” shall be inserted;
(b) in clause (d), for the words “copies of standing orders entered in the register of standing
orders” the words and figure “copies of standing orders or model standing orders together with all the
amendments filed in the register under section 8” shall be substituted.
[Vide Bombay Act XXI of 1958, s. 18]
1. Subs. by Act 39 of 1963, s. 7, for s. 14A (w.e.f. 23-12-1963).
2. Ins. by Act 16 of 1961, s. 6.
3. Subs. by Act 18 of 1982, s. 9, for certain words (w.e.f. 17-5-1982).
15
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THE SCHEDULE
[See sections 2(g) and 3(2)]
MATTERS TO BE PROVIDED IN STANDING ORDER UNDER THIS ACT
1.Classification of workmen, _e.g., whether permanent, temporary, apprentices, probationers, or_
_badlis._
2. Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.
3. Shift working.
4. Attendance and late coming.
5. Conditions of, procedure in applying for, and the authority which may grant, leave and holidays.
6. Requirement to enter premises by certain gates, and liability to search.
7. Closing and re-opening of sections of the industrial establishment, and temporary stoppages of
work and the rights and liabilities of the employer and workmen arising therefrom.
8. Termination of employment, and the notice thereof to be given by employer and workmen.
9. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or
his agents or servants.
11. Any other matter which may be prescribed.
**STATE AMENDMENT**
**Maharashtra**
**Amendment of Schedule to Act XX of 1946.—In the Schedule appended to the said Act,--**
(a) in the heading—
(i) for the word, figures, brackets and letter “sections 2(g) and 3(2)” the word, figure and letter
“section 2A” shall be substituted;
(ii) after the words “Standing Orders” the words “, model standing orders and amendments”
shall be inserted;
(b) after item 10, the following new item shall be inserted, namely:-
“10A. Age for retirement or superannuation.”
[Vide Bombay Act XXI of 1958, s. 19]
**Maharashtra**
**Amendment of Schedule to Act XX of 1946.—In the Schedule appended to the principal Act, after**
item 10-B the following new item shall be inserted, namely:-
“10C. Employment or re-employment of probationers or badlis or temporary or casual workmen
and their conditions of service."
[Vide Maharashtra Act LIV of 1974, s. 4]
16
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|
19-Nov-1946 | 25 | The Delhi Special Police Establishment Act, 1946 | https://www.indiacode.nic.in/bitstream/123456789/2258/1/A1946-25.pdf | central | # THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946
___________
ARRANGEMENT OF SECTIONS
___________
SECTIONS
1. Short title and extent
1A. Interpretation section
2. Constitution and powers of special police establishment
3. Offences to be investigated by special police establishment.—
4. Superintendence and administration of Special Police Establishment
4A.Committee for appointment of Director.
4B. Terms and conditions of service of Director
4BA. Director of Prosecution
4C. Appointment for posts of Superintendent of Police and above, extension and curtailment of
their tenure, etc.
5. Extension of powers and jurisdiction of special police establishment to other areas.
6. Consent of State Government to exercise of powers and jurisdiction.
6A. Approval of Central Government to conduct, inquiry or investigation.
# 7. [Repealed.]
1
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# THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946
ACT No. 25 OF 1946[1]
[19th November, 1946.]
# An Act to make provision for the constitution of a special police force [2][in Delhi
for the investigation of certain offences in [3] [the Union territories]] for the superintendence and administration of the said force and for the extension to other areas [4]* * * of the powers and jurisdiction of members of the said force in regard to the investigation of the said offences.
WHEREAS it is necessary to constitute a special police force [2][in Delhi for the investigation
of certain offences in [3][the Union territories]] and to make provision for the superintendence
and administration of the said force and for the extension to other area [4]*** of the powers and
jurisdiction of the members of the said force in regard to the investigation of the said offences;
It is hereby enacted as follows: **—**
**1. Short title and extent.—(1) This Act may be called the Delhi Special Police Establishment**
Act, 1946.
(2) It extends to the whole of India [5]***.
**6[1A. Interpretation section.— Words and expressions used herein and not defined but defined in**
the Central Vigilance Commission Act, 2003 (45 of 2003), shall have the meanings, respectively,
assigned to them in that Act.]
**2. Constitution and powers of special police establishment.—(1)** Notwithstanding anything in
the Police Act, 1861 (5 of 1861), the Central Government may constitute a special police force to be
called the Delhi Special Police Establishment [7]*** for the investigation [8][in any [9][Union territory]] of
offences notified under section 3.
(2) Subject to any orders which the Central Government may make in this behalf, members of
the said police establishment shall have throughout [10][any [9][Union territory]], in relation to the
investigation of such offences and arrest of persons concerned in such offences, all the powers,
duties, privileges and liabilities which police officers of [11] [that Union territory] have in
connection with the investigation of offences committed therein.
# (3) Any member of the said police establishment of or above the rank of Sub-Inspector
may, subject to any orders which the Central Government may make in this behalf, exercise in
10[any 9[Union territory]] any of the powers of the officer in charge of a police station in
# the area in which he is for the time being and when so exercising such powers shall, subject to any such
1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Sch. to Dadra and Nagar Haveli by Reg.
6 of 1963, s. 2 and the Sch. I (w.e.f. 1-7-1965); and to Pondicherry by Reg. 7 of 1963, s. 3 and the Sch. I
(w.e.f. 1-10-1963), to Lakshadweep (w.e.f. 1-10-1967) _vide_ Reg. 8 of 1965, s. 3 and the Sch. and to Sikkim
(w.e.f. 15-5-1976); vide notification No. S. O. 1668, dated 6-5-1976.
2. Subs. by Act 26 of 1952, s. 2, for certain words.
3. Subs. by the A.O. 1956, for “Part C States”.
4. The words “in the States” omitted by Act 3 of 1951, s. 3 and the Sch.
5. The words “except the State of Jammu and Kashmir” which were subs. by Act 3 of 1951, for “except Part B State” omitted
by Act 62 of 1956, s. 2 and the Sch.
6. Ins. by Act 45 of 2003, s. 26 (w.e.f. 11-9-2003).
7. The words “for the State of Delhi” omitted by Act 26 of 1952, s. 3.
8. Subs., ibid., for “in that State”.
9. Subs., by the A.O. 1956, for “Part C State”.
10. Subs., ibid., for “the State of Delhi”.
11. Subs., ibid., for “that State”.
2
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orders as aforesaid, be deemed to be an officer in charge of a police station discharging
functions of such an officer within the limits of his station.
**3. Offences to be investigated by special police establishment.** —The Central
Government may, by notification in the Official Gazette, specify the offences or classes of
offences [1]*** which are to be investigated by the Delhi Special Police Establishment.
2 [4. Superintendence and administration of Special Police Establishment.— (1) The
# superintendence of the Delhi Special Police Establishment in so far as it relates to investigation of offences alleged to have been committed under the Prevention of Corruption Act, 1988 (49 of 1988), shall vest in the Commission.
(2) Save as otherwise provided in sub-section (1), the superintendence of the said police establishment
in all other matters shall vest in the Central Government.
(3) The administration of the said police establishment shall vest in an officer appointed in this behalf
by the Central Government (hereinafter referred to as the Director) who shall exercise in respect of that police establishment such of the powers exercisable by an Inspector-General of Police in respect of the police force in a State as the Central Government may specify in this behalf.
**4A. Committee for appointment of Director.—[ 3][(1) The Central Government shall appoint the**
Director on the recommendation of the Committee consisting of—
(a) the Prime Minister — Chairperson;
4[(b) the Leader of Opposition recognised — Member;]
as such in the House of the People or where
there is no such Leader of Opposition, then
the Leader of the single largest Opposition
Party in that House
(c) the Chief Justice of India or Judge of the Supreme — Member.]
Court nominated by him
5[(2) No appointment of a Director shall be invalid merely by reason of any vacancy or absence of a
Member in the Committee.]
(3) The Committee shall recommend a panel of officers—
(a) on the basis of seniority, integrity and experience in the investigation of anti-corruption cases;
and
(b) chosen from amongst officers belonging to the Indian Police Service constituted under the
All-India Services Act, 1951 (61 of 1951),
for being considered for appointment as the Director.
1. The words “committed in connection with matters concerning Departments of the Central Government” omitted
by Act 26 of 1952, s. 5.
2. Subs. by Act 45 of 2003, s. 26, for section 4 (w.e.f. 11-9-2003).
3. Subs. by Act 1 of 2014, s. 58 and the Schedule, for sub-section (1) (w.e.f. 16-1-2014).
4. Subs. by Act 28 of 2014, s. 2, for clause (b) (w.e.f. 29-11-2014).
5. Ins. by, s. 2, ibid. (w.e.f. 29-11-2014).
3
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**4B. Terms and conditions of service of Director.—(1) The Director shall, notwithstanding anything**
to the contrary contained in the rules relating to his conditions of service, continue to hold office for a
period of not less than two years from the date on which he assumes office.
1[Provided That the period for which the Director holds the office on his initial appointment may, in public
interest, on the recommendation of the Committee under sub-section (1) of section 4A and for the reasons to
be recorded in writing, Be extended up to one year at a time :
Provided further that no such extension shall be granted after the completion of a period of five years in
total including the period mentioned in the initial appointment.]
(2) The Director shall not be transferred except with the previous consent of the Committee referred
to in sub-section (1) of section 4A.
2[4BA. Director of Prosecution. —(1) There shall be a Directorate of Prosecution headed by a Director
who shall be an officer not below the rank of Joint Secretary to the Government of India, for conducting
prosecution of cases under this Act.
(2) The Director of Prosecution shall function under the overall supervision and control of the Director.
(3) The Central Government shall appoint the Director of Prosecution on the recommendation of the
Central Vigilance Commission.
(4) The Director of Prosecution shall notwithstanding anything to the contrary contained in the rules
relating to hi conditions of service, continue to hold office for a period of not less than two years from the date
on which he assumes office.]
**4C. Appointment for posts of Superintendent of Police and above, extension and curtailment of**
**their tenure, etc.—[3][(1) The Central Government shall appoint officers to the posts of the level of**
Superintendent of Police and above except Director, and also recommend the extension or curtailment of
the tenure of such officers in the Delhi Special Police Establishment, on the recommendation of a
committee consisting of : —
(a) the Central Vigilance Commissioner —Chairperson;
(b) Vigilance Commissioners —Members;
(c) Secretary to the Government of India in —Members;
Charge of the Ministry of Home
(d) Secretary to the Government of India in charge of the —Members:
Department of Personnel
Provided that the Committee shall consult the Director before submitting its recommendation to the
Central Government.]
(2) On receipt of the recommendation under sub-section (1), the Central Government shall pass such
orders as it thinks fit to give effect to the said recommendation.]
**5. Extension of powers and jurisdiction of special police establishment to other areas.—(1) The**
Central Government may by order extend to any area (including Railway areas) [4][in [5][a State, not being a
Union territory]] the powers and jurisdiction of members of the Delhi Special Police Establishment for
the investigation of any offences or classes of offences specified in a notification under section 3.
(2) When by an order under sub-section (1) the powers and jurisdiction of members of the said police
establishment are extended to any such area, a member thereof may, subject to any orders which the
Central Government may make in this behalf, discharge the functions of a police officer in that area and
shall, while so discharging such functions, be deemed to be a member of the police force of that area and
1. Ins. by Act 45 of 2021, s. 2 (w.e.f. 14-11-2021).
2. Ins. by Act 1 of 2014, s. 58 and the Schedule (w.e.f. 16-1-2014).
3. Subs. by Act 1 of 2014, s. 58 and the Schedule, for sub-section (1) (w.e.f. 16-1-2014).
4. Subs. by Act 26 of 1952, s. 5, for “in India outside the State of Delhi”.
5. Subs. by the A.O, 1956, for “a Part A State or a Part B State”.
4
-----
be vested with the powers, functions and privileges and be subject to the liabilities of a police officer
belonging to that police force.
1[(3) Where any such order under sub-section (1) is made relation to any area, then, without prejudice
to the provisions of sub-section (2), any member of the Delhi Special Police Establishment of or above
the rank of Sub-Inspector may, subject to any orders which the Central Government may make in this
behalf, exercise the powers of the officer in charge of a police station in that area and when so exercising
such powers, shall be deemed to be an officer in charge of a police station discharging the functions of
such an officer within the limits of his station.]
**2[6. Consent of State Government to exercise of powers and jurisdiction.—Nothing** contained
in section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to
exercise powers and jurisdiction in any area in [3][a State, not being a Union territory or railway area],
without the consent of the Government of that State.]
4[6A. **Approval of Central Government to conduct, inquiry or investigation.—** (1) The Delhi Special
Police Establishment shall not conduct any inquiry or investigation into any offence alleged to have been
committed under the Prevention of Corruption Act, 1988 (49 of 1988) except with the previous approval
of the Central Government where such allegation relates to—
(a) the employees of the Central Government of the level of Joint Secretary and above; and
(b) such officers as are appointed by the Central Government in corporations established by or
under any Central Act, Government companies, societies and local authorities owned or controlled by
that Government.
(2) Notwithstanding anything contained in sub-section (1), no such approval shall be necessary for cases
involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification
other than legal remuneration referred to in clause (c) of the Explanation to section 7 of the Prevention of
Corruption Act, 1988 (49 of 1988)].
**7. [Repeal of Ordinance 22 of 1946.] Rep. by the Repealing and Amending Act, 1950 (35 of 1950),**
_s. 2 and Sch. I._
1. Ins. by Act 40 of 1964, s. 5.
2. Subs. by Act 26 of 1952, s. 6 for s. 6.
3. Subs. by the A.O., 1956, for “a Part A State or a Part B State, not being a railway area”.
4. Ins. by Act 45 of 2003, s. 26 (w.e.f. 11-9-2003).
5
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|
23-Nov-1946 | 31 | The Foreigners Act, 1946 | https://www.indiacode.nic.in/bitstream/123456789/2259/3/A1946-31.pdf | central | # THE FOREIGNERS ACT, 1946
**(Modified as on 3rd December, 2018)**
# __________
ARRANGEMENT OF SECTIONS
_______
SECTIONS
1. Short title and extent.
2. Definitions.
3. Power to make orders.
3A. Power to exempt citizens of Commonwealth Countries and other persons from application of Act
in certain cases.
4. Persons on parole.
5. Change of name.
# 6. Obligations of masters of vessels, etc. 7. Obligation of hotel keepers and others to furnish particulars.
7A. Power to control places frequented by foreigners.
8. Determination of nationality.
9. Burden of proof.
10. [Repealed.].
11. Power to give effect to orders, directions, etc.
12. Power to delegate authority.
13. Attempts, etc., to contravene the provisions of this Act, etc.
14. Penalty for contravention of provisions of the Act, etc.
14A. Penalty for entry in restricted areas, etc.
14B. Penalty for using forged passport.
14C. Penalty for abetment.
15. Protection to persons acting under this Act.
16. Application of other laws not barred.
17. [Repealed.].
1
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# THE FOREIGNERS ACT, 1946
ACT No. 31 OF 1946[1]
[23rd November, 1946.]
# An Act to confer upon the Central Government certain powers in respect of
foreigners.
WHEREAS it is expedient to provide for the exercise by the Central Government of certain powers in
respect of the entry of foreigners into [2][India], their presence therein and their departure therefrom.
It is hereby enacted as follows:—
**1. Short title and extent.—(1)** This Act may be called the Foreigners Act, 1946.
(2) It extends to the whole of [1][India] [3]***.
**2. Definitions.— In** this Act—
4[(a) “foreigner” means a person who is not a citizen of India;]
5* - - -
(b) “prescribed” means prescribed by orders made under this Act;
(c) “specified” means specified by direction of a prescribed authority.
**3. Power to make orders.—(1)** The Central Government may by order make provision, either
generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed
class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into
1[India] or their departure therefrom or their presence or continued presence therein.
(2) In particular and without prejudice to the generality of the foregoing power, orders made under
this section may provide that the foreigner—
(a) shall not enter [1][India] or shall enter [1][India] only at such times and by such route and at such
port or place and subject to the observance of such conditions on arrival as may be prescribed;
1. This Act has been extended to—
Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch. Pondicherry with modifications vide
notification No. G.S.R. 1557, dated 24-11-1962, Gazette of India, Part II, Sec. 3 (i), p. 1886, and brought into
force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I, Lakshadweep, Minicoy and Amindivi
Island vide Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1967), the State of Sikkim vide Notification No. G.S.R.
41 (E), dated 27-1-1976 (w.e.f. 1-2-1976).
2. Subs. by Act 38 of 1947, s. 2, for “British India”.
3. The words “except the State of Hyderabad”, ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and the Sch.
4. Subs. by Act 11 of 1957, s. 2, for the former clause (w.e.f. 19-1-1957).
5. Clause (aa) ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and the Sch.
2
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(b) shall not depart from [1][India], or shall depart only at such times and by such route
and from such port or place and subject to the observance of such conditions on departure
as may be prescribed;
(c) shall not remain in [1][India] or in any prescribed areas therein;
2[(cc) shall, if he has been required by order under this section not to remain in India,
meet from any resources at his disposal the cost of his removal from India and of his
maintenance therein pending such removal;]
(d) shall remove himself to, and remain in, such area in [1][India] as may be prescribed;
(e) shall comply with such conditions as may be prescribed or specified—
(i) requiring him to reside in a particular place;
(ii) imposing any restrictions on his movements;
(iii) requiring him to furnish such proof of his identity and to report such
particulars to such authority in such manner and at such time and place as may be
prescribed or specified;
(iv) requiring him to allow his photograph and finger impressions to be taken and
to furnish specimens of his handwriting and signature to such authority and at such
time and place as may be prescribed or specified;
(v) requiring him to submit himself to such medical examination by such
authority and at such time and place as may be prescribed or specified;
(vi) prohibiting him from association with persons of a prescribed or specified
description;
(vii) prohibiting him from engaging in activities of a prescribed or specified
description;
(viii) prohibiting him from using or possessing prescribed or specified articles;
(ix) otherwise regulating his conduct in any such particular as may be prescribed or
specified;
(f) shall enter into a bond with or without sureties for the due observance of, or as an
alternative to the enforcement of, any or all prescribed or specified restrictions or
conditions;
3[(g) shall be arrested and detained or confined;]
and may make provision [4][for any matter which is to be or may be prescribed and] for such
incidental and supplementary matters as may, in the opinion of the Central Government, be
expedient or necessary for giving effect to this Act.
4[(3) Any authority prescribed in this behalf may with respect to any particular foreigner
make orders under clause (e) _[5][or clause (f)] of sub-section (2).]_
**6**
**[3A. Power to exempt citizens of Commonwealth Countries and other persons from**
**application of Act in certain cases.—(1)** The Central Government may, by order, declare that all or
any of the provisions of this Act or of any order made thereunder shall not apply, or shall apply
only in such circumstances or with such exceptions or modifications or subject to such conditions as
1. Subs. by Act 38 of 1947, s. 2, for “British India”.
2. Ins. by s. 4, ibid.
3. Ins. by Act 42 of 1962, s. 3. The former brackets, letters and words “(g) shall be arrested and detained or
confined;” were omitted by Act 11 of 1957, s. 3 (w.e.f. 19-1-1957).
4. Ins. by Act 38 of 1947, s. 4.
5. Subs. by Act 11 of 1957, s. 3, for “clause (f) or clause (g)” (w.e.f. 19-1-1957).
6. Ins. by s. 4, ibid. (w.e.f. 19-1-1957).
3
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may be specified in the order, to or in relation to—
(a) the citizens of any such Commonwealth Country as may be so specified; or
(b) any other individual foreigner or class or description of foreigner.
(2) A copy of every order made under this section shall be placed on the table of both
Houses of Parliament as soon as may be after it is made.]
**4. Persons on parole.— [1][(1) Any foreigner (hereinafter referred to as an internee) in**
respect of whom there is in force any order made under clause (g) of sub-section (2) of
section 3, directing that he be detained or confined, shall be detained or confined in such
place and manner and subject to such conditions as to maintenance, discipline and the
punishment of offences and breaches of discipline as the Central Government may from time
to time by order determine.]
(2) Any foreigner (hereinafter referred to as a person on parole) in respect of whom there
is in force an order under clause (e) of sub-section (2) of section 3 requiring him to reside at a
place set apart for the residence under supervision of a number of foreigners, shall while
residing therein be subject to such conditions as to maintenance, discipline and the
punishment of offences and breaches of discipline as the Central Government may from time
to time by order determine.
2[(3) No person shall—
(a) knowingly assist an internee or a person on parole to escape from custody or the
place set apart for his residence, or knowingly harbour an escaped internee or person on
parole, or
(b) give an escaped internee or person on parole any assistance with intent thereby to
prevent, hinder or interfere with the apprehension of the internee or the person on
parole.
(4) The Central Government may, by order, provide for regulating access to, and the
conduct of persons in, places in India where internees or persons on parole are detained or
restricted, as the case may be, and for prohibiting or regulating the despatch or conveyance
from outside such places to or for internees or persons on parole therein of such articles as
may be prescribed.]
**5. Change of name.—(1) No foreigner who was in** [3][India] on the date on which this Act
came into force shall, while in [3][India] after that date, assume or use or purport to assume or
use for any purpose any name other than that by which he was ordinarily known
immediately before the said date.
(2) Where, after the date on which this Act came into force, any foreigner carries on or
purports to carry on (whether alone or in association with any other person) any trade or
business under any name or style, other than that under which that trade or business was being
carried on immediately before the said date, he shall, for the purposes of sub -section (1), be
deemed to be using a name other than that by which he was ordinarily known immediately
before the said date.
(3) In relation to any foreigner who, not having been in [3][India] on the date on which this
Act came into force, thereafter enters [3][India], sub-sections (1) and (2) shall have effect as if
for any reference in those sub-sections to the date on which this Act came into force there
were substituted a reference to the date on which he first enters [3][India] thereafter.
1. Ins. by Act 42 of 1962, s. 3. The former sub-section (1) was omitted by Act 11 of 1957, s. 5 (w.e.f. 19-1-1957).
2. Subs. by s. 3, ibid., for sub-sections (3) and (4).
3. Subs. by Act 38 of 1947, s. 2, for “British India”.
4
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(4) For the purposes of this section—
(a) the expression “name” includes a surname, and
(b) a name shall be deemed to be changed if the spelling thereof is altered.
(5) Nothing in this section shall apply to the assumption or use—
(a) of any name in pursuance of a [1] *** licence or permission granted by the Central
Government; or
(b) by any married woman, of her husband’s name.
**6. Obligations of masters of vessels, etc. — (1) The master of any vessel landing or embarking**
at a part in [2][India] passengers coming to or going from that port by sea and the pilot of any aircraft
landing or embarking at any place in [2][India] passengers coming to or going from that place by air, shall
furnish to such person and in such manner as may be prescribed a return giving the prescribed particulars
with respect to any passenger or members of the crew, who are foreigners.
(2) Any District Magistrate and any Commissioner of Police or, where there is no Commissioner of
Police, any Superintendent of Police may, for any purpose connected with the enforcement of this Act or
any order made thereunder, require the master of any such vessel or the pilot of any such aircraft to
furnish such information as may be prescribed in respect of passengers or members of the crew on such
vessel or aircraft, as the case may be.
(3) Any passenger on such vessel or such aircraft and any member of the crew of such
vessel or aircraft shall furnish to the master of the vessel or the pilot of the aircraft, as the case
may be, any information required by him for the purpose of furnishing the return referred to in
sub-section (1) or for furnishing the information required under sub-section (2).
3[(4) If any foreigner enters India in contravention of any provision of this Act or any order
made thereunder, the prescribed authority may, within two months from the date of such entry,
direct the master of the vessel or the pilot of the aircraft on which such entry was effected or the
owner or the agent of the owner of such vessel or aircraft, to provide, to the satisfaction of the
said authourity and otherwise than at the expense of Government, accommodation on a vessel or
aircraft for the purpose of removing the said foreigner from India.
(5) The master of any vessel or the pilot of any aircraft which is about to carry passengers
from a port or place in India to any destination outside India, or the owner or the agent of the
owner of any such vessel or aircraft shall, if so directed by the Central Government and on
tender of payment therefore at the current rates, provide on the vessel or aircraft
accommodation to such port or place outside India, being a port or place at which the vessel or
aircraft is due to call, as the Central Government may specify, for any foreigner ordered under
section 3 not to remain in India and for his dependents, if any, travelling with him.]
3[(6)] For the purposes of this section —
(a) “master of a vessel” and “pilot of any aircraft”, shall include any person authorised by
such master or pilot, as the case may be, to discharge on his behalf any of the duties imposed
on him by this section;
(b) “passenger” means any person not being a _bona fide_ member of the crew, travelling or
seeking to travel on a vessel or aircraft.
# 7. Obligation of hotel keepers and others to furnish particulars.—(1) It shall be the duty
of the keeper of any premises whether furnished or unfurnished where lodging or sleeping accom
1. The word “Royal” omitted by Act 11 of 1957, s. 6 (w.e.f. 19-1-1957).
2. Subs. by Act 38 of 1947, s. 2, for “British India”.
3. Sub-sections (4) and (5) ins. and the original sub-section (4) renumbered as (6) by s. 5, ibid.
5
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modation is provided for reward, to submit to such person and in such manner such information in
respect of foreigners accommodated in such premises, as may be prescribed.
_Explanation.—The information referred to in this sub-section may relate to all or any of the_
foreigners accommodated at such premises and may be required to be submitted periodically or
at any specific time or occasion.
(2) Every person accommodated in any such premises shall furnish to the keeper thereof a
statement containing such particulars as may be required by the keeper for the purpose of
furnishing the information referred to in sub-section (1).
(3) The keeper of every such premises shall maintain a record of the information furnished by
him under sub-section (1) and of the information obtained by him under sub-section (2) and such
record shall be maintained in such manner and preserved for such period as may be prescribed,
and shall at all times be open to inspection by any police officer or by a person authorised in this
behalf by the District Magistrate.
1[(4) If in any area prescribed in this behalf the prescribed authority by notice published in
such manner as may in the opinion of the authority be best adapted for informing the persons
concerned so directs, it shall be the duty of every person occupying or having under his control
any residential premises to submit to such person and in such manner such information in respect
of foreigners accommodated in such premises as may be specified; and the provisions of
sub-section (2) shall apply to every person accommodated in any such premises.]
2[7A. Power to control places frequented by foreigners.—(1) The prescribed authority may,
subject to such conditions as may be prescribed, direct the owner or person having control of any
premises used as a restaurant or a place of public resort or entertainment or as a club and
frequented by foreigners—
(a) to close such premises either entirely or during specified periods, or
(b) to use or permit the use of such premises only under such conditions as may be specified, or
(c) to refuse admission to such premises either to all foreigners or to any specified foreigner or
class of foreigner.
(2) A person to whom any direction has been given under sub-section (1) shall not, while such
direction remains in force, use or permit to be used any other premises for any of the aforesaid
purposes, except with the previous permission in writing of the prescirbed authority and in
accordance with any conditions which that authority may think fit to impose.
(3) Any person to whom any direction has been given under sub-section (1) and who is aggrieved
thereby may, within thirty days from the date of such direction, appeal to the Central Government; and
the decision of the Central Government in the matter shall be final.]
**8. Determination of nationality.—(1) When a foreigner is recongnised as a national by the**
law of more than one foreign country or where for any reason it is uncertain what nationality if any
is to be ascribed to a foreigner, that foreigner may be treated as the national of the country with
which he appears to the prescribed authority to be most closely connected for the time being in
interest or sympathy or if he is of uncertain nationality, of the country with which he was last so
connected:
# Provided that where a foreigner acquired a nationality by birth, he shall, except where
the Central Government so directs either generally or in a particular case, be deemed to retain that
1. Ins. by Act 38 of 1947, s. 6.
2. Ins. by s. 7, ibid.
6
-----
nationality unless he proves to the satisfaction of the said authority that he has subsequently acquired by
naturalization or otherwise some other nationality and still recognized as entitled to protection by the
Government of the country whose nationality he has so acquired.
(2) A decision as to nationality given under sub-section (1) shall be final and shall not be called in
question in any Court:
Provided that the Central Government, either of its own motion or on an application by the foreigner
concerned, may revise any such decision.
**9. Burden of proof.—If** in any case not falling under section 8 any question arises with
reference to this Act or any order made or direction given thereunder, whether any person is or is
not a foreigner or is or is not a foreigner of a particular class or description the onus of proving
that such person is not a foreigner or is not a foreigner of such particular class or description, as
the case may be, shall notwithstanding anything contained in the Indian Evidence Act, 1872
(1 of 1872), lie upon such person.
**10. [Power to exempt from application of Act.] Rep. by the Foreigners Laws (Amendment) Act, 1957**
(11 of 1957), s. 7 (w.e.f. 19-1-1957).
**11. Power to give effect to orders, directions, etc.—(1)** Any authority empowered by or under
or in pursuance of the provisions of this Act to give any direction or to exercise any other power,
may, in addition to any other action expressly provided for in this Act, take, or cause to be taken such
steps and use, or cause to be used, such force as may, in its opinion, be reasonably necessary for
securing compliance with such direction or for preventing or rectifying any breach thereof, or for the
effective exercise of such power, as the case may be.
(2) Any police officer may take such steps and use such force as may, in his opinion, be reasonably
necessary for securing compliance with any order made or direction given under or in pursuance of the
provisions of this Act or for preventing or rectifying any breach of such order or direction.
(3) The power conferred by this section shall be deemed to confer upon any person acting in exercise
thereof a right of access to any land or other property whatsoever.
**12. Power to delegate authority.—Any** authority upon which any power to make or give any
direction, consent or permission or to do any other act is conferred by this Act or by any order
made thereunder may, unless express provision is made to the contrary, in writing authorise,
conditionally or otherwise, any authority subordinate to it to exercise such power on its behalf, and
thereupon the said subordinate authority shall, subject to such conditions as may be contained in
the authorisation, be deemed to be the authority upon which such power is conferred by or under
this Act.
**13. Attempts, etc., to contravene the provisions of this Act, etc.—(1) Any person who**
attempts to contravene, or abets or attempts to abet, or does any act preparatory to, a contravention
of, the provisions of this Act or of any order made or direction given thereunder, or fails to comply
with any direction given in pursuance of any such order, shall be deemed to have contravened the
provisions of this Act.
(2) Any person who, knowing or having reasonable cause to believe that any other person has
contravened the provisions of this Act or of any order made or direction given thereunder, gives that
other person any assistance with intent thereby to prevent, hinder or otherwise interfere with his
arrest, trial or punishment for the said contravention shall be deemed to have abetted that
contravention.
# (3) The master of any vessel or the pilot of any aircraft, as the case may be, by means
of which any foreigner enters or leaves [1][India] in contravention of any order made under, or
1. Subs. by Act 38 of 1947, s. 2, for “British India”.
7
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direction given in pursuance of, section 3 shall, unless he proves that he exercised all due
diligence to prevent the said contravention, be deemed to have contravened this Act.
**1[14. Penalty for contravention of provisions of the Act, etc. — Whoever. —**
(a) remains in any area in India for a period exceeding the period for which the visa was issued to
him;
(b) does any act in violation of the conditions of the valid visa issued to him for his entry and stay
in India or any part thereunder;
(c) contravenes the provisions of this Act or of any order made thereunder or any direction given
in pursuance of this Act or such order for which no specific punishment is provided under this Act,
shall be punished with imprisonment for a term which may extend to five years and shall also be liable to
fine; and if he has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond
shall be forfeited, and any person bound thereby shall pay the penalty thereof or show cause to the
satisfaction of the convicting Court why such penalty should not be paid by him.
_Explanation. — For the purposes of this section, the expression “visa” shall have the same meaning_
as assigned to it under the Passport (Entry into India) Rules, 1950 made under the Passport
(entry into India) Act, 1920 (34 of 1920).
**14A. Penalty for entry in restricted areas, etc. — Whoever. —**
(a) enters into any area in India, which is restricted for his entry under any order made under
this Act, or any direction given in pursuance thereof, without obtaining a permit from the
authority, notified by the Central Government in the Official Gazette, for this purpose or remains
in such area beyond the period specified in such permit for his stay; or
(b) enters into or stays in any area in India without the valid documents required for such
entry or for such stay, as the case may be, under the provisions of any order made under this Act
or any direction given in pursuance thereof,
shall be punished with imprisonment for a term which shall not be less than two years, but may
extend to eight years and shall also be liable to fine which shall not be less than ten thousand rupees;
and if he has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond
shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the
satisfaction of the convicting court why such penalty should not be paid by him.
**14B. Penalty for using forged passport.—Whoever knowingly uses a forged passport for**
entering into India or remains therein without the authority of law for the time being in force shall be
punishable with imprisonment for a term which shall not be less than two years, but may extend to
eight years and shall also be liable to fine which shall not be less than ten thousand rupees but may
extend to fifty thousand rupees.
**14C. Penalty for abetment.—Whoever abets any offence punishable under section** 14 or
section 14A or section 14B shall, if the act abetted is committed in consequence of the abetment,
be punished with the punishment provided for the offence.
_Explanation. —For the purposes of this section, —_
(i) an act or offence is said to be committed in consequence of the abetment, when it is committed
in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes
the offence;
(ii) the expression “abetment” shall have the same meaning as assigned to it under section 107 of
the Indian Penal Code (45 of 1860).]
**15.** **Protection to persons acting under this Act.—No** suit, prosecution or other legal proceeding
shall lie against any person for anything which is in good faith done or intended to be done under this Act
1. Subs. by Act 16 of 2004, for s. 14 (w.e.f. 20-02-2004).
8
-----
**16. Application of other laws not barred.—The** provisions of this Act shall be in addition to,
and not in derogation of, the provisions of the Registration of Foreigners Act, 1939 (16 of 1939), the
Indian Passport Act, 1920 (34 of 1920), and of any other enactment for the time being in force.
**17. [Repeals.] Rep. by the Repealing and Amending Act, 1950 (35 of 1950), s. 2 and Sch. I.**
9
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|
11-Mar-1947 | 14 | The Industrial Disputes Act, 1947 | https://www.indiacode.nic.in/bitstream/123456789/15191/1/A1947-14.pdf | central | # THE INDUSTRIAL DISPUTES ACT, 1947
____________
# ARRANGEMENT OF SECTIONS
____________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.
CHAPTER II
AUTHORITIES UNDER THIS ACT
3. Works Committee.
4. Conciliation officers.
5. Board of Conciliation.
6. Courts of Inquiry.
7. Labour Courts.
7A. Tribunals.
7B. National Tribunals.
7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals.
7D. Qualifications, terms and conditions of service of Presiding Officer.
8. Filling of vacancies.
9. Finality of orders constituting Boards, etc.
CHAPTER IIA
NOTICE OF CHANGE
9A. Notice of change.
9B. Power of Government to exempt.
CHAPTER IIB
REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES
9C. Setting up of Grievance Settlement Authorities and reference of certain individual disputes to
such authorities.
CHAPTER III
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS
10. Reference of disputes to Boards, Courts or Tribunals.
10A. Voluntary reference of disputes to arbitration.
1
-----
CHAPTER IV
PROCEDURE, POWERS AND DUTIES OF AUTHORITIES
SECTIONS
11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals.
11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of
discharge or dismissal of workmen.
12. Duties of conciliation officers.
13. Duties of Board.
14. Duties of Courts.
15. Duties of Labour Courts, Tribunals and National Tribunals.
16. Form of report or award.
17. Publication of reports and awards.
17A. Commencement of the award.
17B. Payment of full wages to workman pending proceedings in higher courts.
18. Persons on whom settlements and awards are binding.
19. Period of operation of settlements and awards.
20. Commencement and conclusion of proceedings.
21. Certain matters to be kept confidential.
CHAPTER V
STRIKES AND LOCK-OUTS
22. Prohibition of strikes and lock-outs.
23. General prohibition of strikes and lock-outs.
24. Illegal strikes and lock-outs.
25. Prohibition of financial aid to illegal strikes and lock-outs.
CHAPTER VA
LAY-OFF AND RETRENCHMENT
25A. Application of sections 25C to 25E.
25B. Definition of continuous service.
25C. Right of workmen laid-off for compensation.
25D. Duty of an employer to maintain muster rolls of workmen.
25E. Workmen not entitled to compensation in certain cases.
25F. Conditions precedent to retrenchment of workmen.
25FF. Compensation to workmen in case of transfer of undertakings.
25FFA. Sixty days’ notice to be given of intention to close down any undertaking.
25FFF. Compensation to workmen in case of closing down of undertakings.
25G. Procedure for retrenchment.
25H. Re-employment of retrenched workmen.
25-I. [Repealed.]
25J. Effect of laws inconsistent with this Chapter.
2
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CHAPTER VB
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN
ESTABLISHMENTS
SECTIONS
25K. Application of Chapter VB.
25L. Definitions.
25M. Prohibition of lay-off.
25N. Conditions precedent to retrenchment of workmen.
25-O. Procedure for closing down an undertaking.
25P. Special provision as to restarting of undertakings closed down before commencement of the
Industrial Disputes (Amendment) Act, 1976.
25Q. Penalty for lay-off and retrenchment without previous permission.
25R. Penalty for closure.
25S. Certain provisions of Chapter VA to apply to an industrial establishment to which this Chapter
applies.
CHAPTER VC
UNFAIR LABOUR PRACTICES
25T. Prohibition of unfair labour practice.
25U. Penalty for committing unfair labour practices.
CHAPTER VI
PENALTIES
26. Penalty for illegal strikes and lock-outs.
27. Penalty for instigation, etc.
28. Penalty for giving financial aid to illegal strikes and lock-outs.
29. Penalty for breach of settlement or award.
30. Penalty for disclosing confidential information.
30A. Penalty for closure without notice.
31. Penalty for other offences.
CHAPTER VII
MISCELLANEOUS
32. Offence by companies, etc.
33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of
proceedings.
33A. Special provision for adjudication as to whether conditions of service, etc., changed during
pendency of proceedings.
33B. Power to transfer certain proceedings.
33C. Recovery of money due from an employer.
34. Cognizance of offences.
35. Protection of persons.
36. Representation of parties.
36A. Power to remove difficulties.
36B. Power to exempt.
37. Protection of action taken under the Act.
38. Power to make rules.
3
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SECTIONS
39. Delegation of powers.
40. Power to amend Schedules.
THE FIRST SCHEDULE.—INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY
SERVICES UNDER SUB-CLAUSE (vi) OF CLAUSE (n) OF SECTION 2.
THE SECOND SCHEDULE.—MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS.
THE THIRD SCHEDULE.—MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS.
THE FOURTH SCHEDULE.—CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE
GIVEN.
THE FIFTH SCHEDULE.—UNFAIR LABOUR PRACTICES.
4
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# THE INDUSTRIAL DISPUTES ACT, 1947
ACT NO. 14 OF 1947[1]
[11th March, 1947.]
# An Act to make provision for the investigation and settlement of industrial disputes, and for
certain other purposes.
WHEREAS it is expedient to make provision for the investigation and settlement of industrial disputes,
and for certain other purposes hereinafter appearing;
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Short title, extent and commencement.—(1) This Act may be called the Industrial Disputes Act,**
1947.
2[(2) It extends to the whole of India:
3* - - - *]
(3) It shall come into force on the first day of April, 1947.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) “appropriate Government” means—
(i) in relation to any industrial dispute concerning [4]*** any industry carried on by or under
the authority of the Central Government, [5]*** or by a railway company [6][or concerning any such
controlled industry as may be specified in this behalf by the Central Government] [7]*** or in
relation to an industrial dispute concerning [8][[9][[10][[11][a Dock Labour Board established under
section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or [12][the
Industrial Finance Corporation of India Limited formed and registered under the Companies Act,
1956 (1 of 1956)], or the Employees’ State Insurance Corporation established under section 3 of
the Employees’ State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted
under section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948
(46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under
section 5A and section 5B, respectively, of the Employees’ Provident Fund and Miscellaneous
Provisions Act, 1952 (19 of 1952), [13]***, or the Life Insurance Corporation of India established
under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or [14][the Oil and
Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956)], or the
1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the schedule (w.e.f. 19-12-1962); to
Pondicherry by Reg. 7 of 1963 (w.e.f. 1-10-1963); and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and
the Schedule.
2. Subs. by Act 36 of 1956, s. 2, for the sub-section (2) (w.e.f. 29-8-1956).
3. Omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
4. Certain words omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
5. The words “by the Federal Railway Authority” omitted by the A.O. 1948.
6. Ins. by Act 65 of 1951, s. 32.
7. The words “operating a Federal Railway” omitted by the A.O. 1950.
8. Ins. by Act 47 of 1961, s. 51 and the Second Schedule, Part III (w.e.f. 1-1-1962).
9. Subs. by Act 36 of 1964, s. 2, for “the Deposit Insurance Corporation established” (w.e.f. 19-12-1964).
10. Subs. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
11. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
12. Subs. by Act 24 of 1996, s. 2, for “the Industrial Finance Corporation of India established under section 3 of the Industrial
Finance Corporation Act, 1948 (15 of 1948)” (w.e.f. 11-10-1995).
13. The words and figures “or the “Indian Airlines” and “Air India” Corporations established under section 3 of the Air
Corporations Act, 1953 (27 of 1953)” by s. 2, ibid. (w.e.f. 11-10-1995).
14. Subs. by Act 24 of 1996, s. 2, for “the Oil and Natural Gas Commission established under section 3 of the Oil and Natural
Gas Commission Act, 1959 (43 of 1959)” (w.e.f. 11-10-1995).
5
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Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit
Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing
Corporation established under section 3 of the Warehousing Corporations Act, 1962 (58 of 1962),
or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963
(52 of 1963), or the Food Corporation of India established under section 3 or a Board of
Management established for two or more contiguous States under section 16 of the Food
Corporations Act, 1964 (37 of 1964), or [1][the Airports Authority of India constituted under
section 3 of the Airports Authority of India Act, 1994 (55 of 1994)], or a Regional Rural Bank
established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export
Credit and Guarantee Corporation Limited or the Industrial Reconstruction Bank of India [2][the
National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53
of 1987)], or [3][[4][an air transport service, or a banking or an insurance company], a mine, an oilfield] [5][, a Cantonment Board,] or a [6][major port, any company in which not less than fifty-one
per cent. of the paid-up share capital is held by the Central Government, or any corporation, not
being a corporation referred to in this clause, established by or under any law made by
Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal
undertaking and autonomous bodies owned or controlled by the Central Government, the Central
Government, and]
7[(ii) in relation to any other industrial dispute, including the State public sector undertaking,
subsidiary companies set up by the principal undertaking and autonomous bodies owned or
controlled by the State Government, the State Government: Provided that in case of a dispute
between a contractor and the contract labour employed through the contractor in any industrial
establishment where such dispute first arose, the appropriate Government shall be the Central
Government or the State Government, as the case may be, which has control over such industrial
establishment;]
6[(aa) “arbitrator” includes an umpire;]
8[ 9[(aaa)] “average pay” means the average of the wages payable to a workman—
(i) in the case of monthly paid workman, in the three complete calendar months,
(ii) in the case of weekly paid workman, in the four complete weeks,
(iii) in the case of daily paid workman, in the twelve full working days,
preceding the date on which the average pay becomes payable if the workman had worked for three
complete calendar months or four complete weeks or twelve full working days, as the case may be, and
where such calculation cannot be made, the average pay shall be calculated as the average of the wages
payable to a workman during the period he actually worked;]
10[(b) “award” means an interim or a final determination of any industrial dispute or of any
question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and
includes an arbitration award made under section 10A;]
11[(bb) “banking company” means a banking company as defined in section 5 of the Banking
Companies Act, 1949 (10 of 1949), having branches or other establishments in more than one State,
and includes [12][the Export-Import Bank of India,] [13][the Industrial Reconstruction Bank of India,]
1. Subs. by Act 24 of 1996, s. 2, for “the International Airports Authority of India constituted under section 3 of the International
Airports Authority of India Act, 1971 (48 of 1971)” (w.e.f. 11-10-1995).
2. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988).
3. Subs. by Act 54 of 1949, s. 3, for “a mine oil-field”.
4. Subs. by Act 24 of 1996, s. 2, for “a banking or an insurance company” (w.e.f. 11-10-1996).
5. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
6. Subs. by Act 24 of 2010, s. 2, for “major port, the Central Government, and” (w.e.f 15-9-2010).
7. Subs. by s. 2, ibid., for sub-clause (ii) (w.e.f. 15-9-2010).
8. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
9. Clause (aa) re-lettered as clause (aaa) by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
10. Subs. by Act 36 of 1956, s. 3, for clause (b) (w.e.f. 10-3-1957).
11. Subs. by Act 38 of 1959, s. 64 and the third Schedule, Part II, for clause (bb).
12. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 4-1-1982).
13. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985).
6
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1[2***,] 3[the Small Industries Development Bank of India established under section 3 of the Small
Industries Development Bank of India Act, 1989 (39 of 1989),] the Reserve Bank of India, the State
Bank of India [4][, a corresponding new bank constituted under section 3 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) [5][, a corresponding new bank
constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1980 (40 of 1980), and any subsidiary bank]] as defined in the State Bank of India (Subsidiary
Banks) Act, 1959 (38 of 1959);]
(c) “Board” means a Board of Conciliation constituted under this Act;
6[(cc) “closure” means the permanent closing down of a place of employment or part thereof;]
(d) “conciliation officer” means a conciliation officer appointed under this Act;
(e) “conciliation proceeding” means any proceeding held by a conciliation officer or Board under
this Act;
7[(ee) “controlled industry” means any industry the control of which by the Union has been
declared by any Central Act to be expedient in the public interest;]
8* - - -
(f) “Court” means a Court of Inquiry constituted under this Act;
(g) “employer” means,—
(i) in relation to an industry carried on by or under the authority of any department of [9][the
Central Government or a State Government], the authority prescribed in this behalf, or where no
authority is prescribed, the head of the department;
(ii) in relation to an industry carried on by or on behalf of a local authority, the chief
executive officer of that authority;
[10][(gg) “executive”, in relation to a trade union, means the body, by whatever name called, to
which the management of the affairs of the trade union is entrusted;]
11* - - -
(i) a person shall be deemed to be “independent” for the purpose of his appointment as the
chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial
dispute referred to such Board, Court or Tribunal or with any industry directly affected by such
dispute:
12[Provided that no person shall cease to be independent by reason only of the fact that he is a
shareholder of an incorporated company which is connected with, or likely to be affected by, such
industrial dispute; but in such a case, he shall disclose to the appropriate Government the nature and
extent of the shares held by him in such company;]
1. Ins. by Act 18 of 1964, s. 38 and the Second Schedule, Part II (w.e.f. 1-7-1964).
2. The words “the Industrial Development Bank of India” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).
3. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (date to be notified).
4. Subs. by Act 5 of 1970, s. 20, for “and any subsidiary bank” (w.e.f. 19-7-1969).
5. Subs. by Act 40 of 1980, s. 20 (w.e.f. 15-4-1980).
6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
7. Ins. by Act 65 of 1951, s. 32.
8. Omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
9. Subs. by the A.O. 1948, for “a Government in British India”.
10. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
11. Clause (h) omitted by the A.O. 1950.
12. Ins. by Act 18 of 1952, s. 2.
7
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1[(j) “industry” means any business, trade, undertaking, manufacture or calling of employers and
includes any calling, service, employment, handicraft, or industrial occupation or avocation of
workmen;
(k) “industrial dispute” means any dispute or difference between employers and employers, or
between employers and workmen, or between workmen and workmen, which is connected with the
employment or non-employment or the terms of employment or with the conditions of labour, of any
person;
2[(ka) “industrial establishment or undertaking” means an establishment or undertaking in which
any industry is carried on:
Provided that where several activities are carried on in an establishment or undertaking and only
one or some of such activities is or are an industry or industries, then,—
(a) if any unit of such establishment or undertaking carrying on any activity, being an
industry, is severable from the other unit or units of such establishment or undertaking, such unit
shall be deemed to be a separate industrial establishment or undertaking;
(b) if the predominant activity or each of the predominant activities carried on in such
establishment or undertaking or any unit thereof is an industry and the other activity or each of
the other activities carried on in such establishment or undertaking or unit thereof is not severable
from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant
activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof
shall be deemed to be an industrial establishment or undertaking;]
3[(kk) “insurance company” means an insurance company as defined in section 2 of the Insurance
Act, 1938 (4 of 1938), having branches or other establishments in more than one State;]
1. Clause (j) shall stand substituted as follows when clause (c) of section 2 of the Industrial Disputes (Amendment) Act, 1982
(46 of 1982) will come into force:—
(j) “industry” means any systematic activity carried on by co-operation between an employer and his workmen
(whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for
the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or
wishes which are merely spiritual or religious in nature), whether or not,—
(i) any capital has been invested for the purpose of carrying on such activity; or
(ii) such activity is carried on with a motive to make any gain or profit,
and includes—
(a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of
Employment) Act, 1948 (9 of 1948);
(b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does
not include—
(1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any
other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is
the predominant one.
_Explanation:—For the purposes of this sub-clause, “agricultural operation” does not include any activity carried on in a_
plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); or
(2) hospitals or dispensaries; or
(3) educational, scientific, research or training institutions; or
(4) institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or
philanthropic service; or
(5) khadi or village industries; or
(6) any activity of the Government relatable to the sovereign functions of the Government including all the activities
carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or
(7) any domestic service; or
(8) any activity, being a profession practised by an individual or body of individuals, if the number of persons
employed by the individual or body of individuals in relation to such profession is less than ten; or
(9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if
the number of persons employed by the co-operative society, club or other like body of individuals in relation to such
activity is less than ten;
2. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
3. Ins. by Act 54 of 1949, s. 3.
8
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1[(kka) “khadi” has the meaning assigned to it in clause (d) of section 2 of the Khadi and Village
Industries Commission Act, 1956 (61 of 1956);]
2[3[(kkb)] “Labour Court” means a Labour Court constituted under section 7;]
4[(kkk) “lay-off” (with its grammatical variations and cognate expressions) means the failure,
refusal or inability of an employer on account of shortage of coal, power or raw materials or the
accumulation of stocks or the break-down of machinery [5][or natural calamity or for any other
connected reason] to give employment to a workman whose name is borne on the muster rolls of his
industrial establishment and who has not been retrenched.
_Explanation.—Every workman whose name is borne on the muster rolls of the industrial_
establishment and who presents himself for work at the establishment at the time appointed for the
purpose during normal working hours on any day and is not given employment by the employer
within two hours of his so presenting himself shall be deemed to have been laid-off for that day
within the meaning of this clause:
Provided that if the workman, instead of being given employment at the commencement of any
shift for any day is asked to present himself for the purpose during the second half of the shift for the
day and is given employment then, he shall be deemed to have been laid-off only for one-half of that
day:
Provided further that if he is not given any such employment even after so presenting himself, he
shall not be deemed to have been laid-off for the second half of the shift for the day and shall be
entitled to full basic wages and dearness allowance for that part of the day;]
(l) “lock-out” means the [6][temporary closing of a place of employment], or the suspension of
work, or the refusal by an employer to continue to employ any number of persons employed by him;
7[(la) “major port” means a major port as defined in clause (8) of section 3 of the Indian Ports
Act, 1908 (15 of 1908);
(lb) “mine” means a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act,
1952 (35 of 1952)];
2[(ll) “National Tribunal” means a National Industrial Tribunal constituted under section 7B;]
8[(lll) “office bearer”, in relation to a trade union, includes any member of the executive thereof,
but does not include an auditor;]
(m) “prescribed” means prescribed by rules made under this Act;
(n) “public utility service” means—
(i) any railway service [7][or any transport service for the carriage of passengers or goods by
air];
[8][(ia) any service in, or in connection with the working of, any major port [9][or dock or any
industrial establishment or unit engaged in essential defence services];]
(ii) any section of an industrial establishment, on the working of which the safety of the
establishment or the workmen employed therein depends;
(iii) any postal, telegraph or telephone service;
(iv) any industry which supplies power, light or water to the public;
(v) any system of public conservancy or sanitation;
1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
2. Ins. by Act 36 of 1956, s. 3 (w.e.f. 10-3-1957).
3. Clause (kka) re-lettered as clause (kkb) by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
4. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
5. Subs. by Act 46 of 1982, s. 2, for “or for any other reason” (w.e.f. 21-8-1984).
6. Subs. by s. 2, ibid., for certain words (w.e.f. 21-8-1984).
7. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
8. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
9. Subs. by Act 25 of 2021, s. 17, for “or dock” (w.e.f. 30-6-2021).
9
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(vi) any industry specified in the [1][First Schedule] which the appropriate Government may, if
satisfied that public emergency or public interest so requires, by notification in the Official
Gazette, declare to be a public utility service for the purposes of this Act, for such period as may
be specified in the notification:
Provided that the period so specified shall not, in the first instance, exceed six months but
may, by a like notification, be extended from time to time, by any period not exceeding six
months, at any one time if in the opinion of the appropriate Government public emergency or
public interest requires such extension;
(o) “railway company” means a railway company as defined in section 3 of the Indian Railways
Act, 1890 (9 of 1890);
2[(oo) “retrenchment” means the termination by the employer of the service of a workman for any
reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does
not include—
(a) voluntary retirement of the workman; or
(b) retirement of the workman on reaching the age of superannuation if the contract of
employment between the employer and the workman concerned contains a stipulation in that
behalf; or
3[(bb) termination of the service of the workman as a result of the non-renewal of the contract
of employment between the employer and the workman concerned on its expiry or of such
contract being terminated under a stipulation in that behalf contained therein; or]
(c) termination of the service of a workman on the ground of continued ill-health;]
4[(p) “settlement” means a settlement arrived at in the course of conciliation proceeding and
includes a written agreement between the employer and workmen arrived at otherwise than in the
course of conciliation proceeding where such agreement has been signed by the parties thereto in such
manner as may be prescribed and a copy thereof has been sent to [5][an officer authorised in this behalf
by] the appropriate Government and the conciliation officer;]
(q) “strike” means a cessation of work by a body of persons employed in any industry acting in
combination or a concerned refusal, or a refusal under a common understanding, of any number of
persons who are or have been so employed to continue to work or to accept employment;
6[(qq) “trade union” means a trade union registered under the Trade Unions Act, 1926
(16 of 1926);]
7[(r) “Tribunal” means an Industrial Tribunal constituted under section 7A and includes an
Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;]
8[(ra) “unfair labour practice” means any of the practices specified in the Fifth Schedule;
(rb) “village industries” has the meaning assigned to it in clause (h) of section 2 of the Khadi and
Village Industries Commission Act, 1956 (61 of 1956);]
9[(rr) “wages” means all remuneration capable of being expressed in terms of money, which
would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in
respect of his employment or of work done in such employment, and includes—
1. Subs. by Act 36 of 1964, s. 2 for “Schedule” (w.e.f. 19-12-1964).
2. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
3. Ins. by Act 49 of 1984, s. 2 (w.e.f. 18-8-1984).
4. Subs. by Act 36 of 1956, s. 3, for clause (p) (w.e.f. 7-10-1956).
5. Ins. by Act 35 of 1965, s. 2 (w.e.f. 1-12-1965).
6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
7. Subs. by Act 18 of 1957, s. 2, for clause (r) (w.e.f. 10-3-1957).
8. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
9. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
10
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(i) such allowances (including dearness allowance) as the workman is for the time being
entitled to;
(ii) the value of any house accommodation, or of supply of light, water, medical attendance or
other amenity or of any service or of any concessional supply of foodgrains or other articles;
(iii) any travelling concession;
1[(iv) any commission payable on the promotion of sales or business or both;]
but does not include—
(a) any bonus;
(b) any contribution paid or payable by the employer to any pension fund or provident fund
or for the benefit of the workman under any law for the time being in force;
(c) any gratuity payable on the termination of his service;]
2[(s) “workman” means any person (including an apprentice) employed in any industry to do any
manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward,
whether the terms of employment be express or implied, and for the purposes of any proceeding
under this Act in relation to an industrial dispute, includes any such person who has been dismissed,
discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal,
discharge or retrenchment has led to that dispute, but does not include any such person—
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950
(46 of 1950), or the Navy Act, 1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding [3][ten thousand
rupees] per mensem or exercises, either by the nature of the duties attached to the office or by
reason of the powers vested in him, functions mainly of a managerial nature.]
**STATE AMENDMENT**
**Kerala**
**Amendment of section 2.—In section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of**
1947), in clause (s), for the words “clerical or supervisory work” the words “clerical, supervisory
work or any work for the promotion of sales” shall be substituted.
[Vide Kerala Act 12 of 2017, s. 2]
**Assam**
**Amendment of section 2.—In the principal Act, in section 2, in clause (s), in between the words**
“or supervisory work” and “for hire or reward”, the words ‘or any work for the promotion of sales”,
shall be inserted.
[Vide Assam Act 22 of 2007, s. 2]
**Orissa**
**Amendment of section 2.—In clause(s) of section 2 of the Industrial Disputes Act 1947 (14 of**
1947), for the words and comma “operational, clerical or supervisory work”, the words and commas
“sales promotion, operational, clerical or supervisory work or any work for promotion of sales” shall be
substituted.
[Vide Orissa Act 5 of 2014, s. 2]
4[2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.—5[(1)]
Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an
individual workman, any dispute or difference between that workman and his employer connected with,
or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an
1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
2. Subs. by s. 2, ibid., for clause (s) (w.e.f. 21-8-1984).
3. Subs. by Act 24 of 2010, s. 2, for “one thousand six hundred rupees” (w.e.f. 15-9-2010).
4. Ins. by Act 35 of 1965, s. 3 (w.e.f. 1-12-1965).
5. Section 2A numbered as sub-section (1) thereof by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010).
11
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industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the
dispute.]
1[(2) Notwithstanding anything contained in section l0, any such workman as is specified in
sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the
dispute referred to therein after the expiry of forty-five days from the date he has made the application to
the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of
such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the
dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the
provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they
apply in relation to an industrial dispute referred to it by the appropriate Government.
(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before
the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of
service as specified in sub-section (1).]
**STATE AMENDMENT**
**Andhra Pradesh**
In Section 2A, After the existing sub-section (2), the following sub-section shall be added, namely:—
“(3) Notwithstanding anything in sub-sections (1) and (2), no such dispute or difference between
that workman and his employer connected with or arising out of, such discharge, dismissal,
retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in
conciliation proceeding within a period of three years from the date of such discharge, dismissal,
retrenchment or termination:
Provided that the Labour Court or the Conciliation Officer, as the case may be, may consider to
extend the said period of three years when the applicant workman satisfies the Court or Conciliation
Officer that he had sufficient cause for not raising the dispute within the period of three years.”.
[Vide Andhra Pradesh 12 of 2015, s. 2]
**Union Territory of Jammu and Kashmir and Ladakh**
**Section 2A.—In sub-section (3), for "three years", substitute "one year".**
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second
_Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh_
_Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated_
_(23-10-2020)._
**Meghalaya**
**Amendment of section 2 (s) of Industrial Disputes Act, 1947 (Central Act No. 14 of 1947).—For**
the existing clause (s) of section 2 of the Industrial Disputes act, 1947 (Central Act No. 14 of 1947) the
following shall be substituted, namely:-
“(S) “Workmen” means any person (including an apprentice) employed in any industry to do any
manual skilled or unskilled, technical, sales promotion, operational, clerical or supervisory work or
any work for the promotion of sales for hire or reward, whether the terms of employment be
expressed or implied, and for the purposes of any proceeding under this act in relation to an industrial
1. Ins. by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010).
12
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dispute, includes in connection with, or as a consequence of, that dispute, or whose dismissal,
discharge, or retrenchment has led to that dispute, but does not include any such person:—
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act 1950 (46 of 1950), or
the Navy Act, 1957 (62 of 1957); or
(ii) Who is employed in the police service or as an Officer or other employee of a person; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) Who being employed in a supervisory capacity, draws wages exceeding one thousand six
hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or
by reason of the powers vested in him, functions mainly or a managerial nature.”
[Vide Meghalaya Act 5 of 2009, s. 2]
**Rajasthan**
**Amendment of section 2, Central Act No. 14 of 1947.- In the Industrial Disputes Act, 1947**
(Central Act No. 14 of 1947), in its application to the State of Rajasthan, hereinafter referred to as the
principal Act, in section 2,
(a) the existing sub-clause (iii) of clause (g) shall be deleted; and
(b) in clause (s), the existing expression “by an employer or by a contractor in relation to the
execution of his contract with such employer” shall be deleted.
[Vide Rajasthan Act 21 of 2014, s. 2]
**Amendment of section 2A, Central Act No. 14 of 1947.- In section 2A of the principal Act, after**
the existing sub-section (3), the following new sub-section shall be added, namely:
“(4) Notwithstanding anything in sub-sections (1), (2) and (3), no such dispute or difference
between that workman and his employer connected with, or arising out of, such discharge, dismissal,
retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in
conciliation proceeding within a period of three years from the date of such discharge, dismissal,
retrenchment or termination:
Provided that an authority, as may be specified by the State Government, may consider to extend
the said period of three years when the applicant workman satisfies the authority that he had sufficient
cause for not raising the dispute within the period of three years.”.
[Vide Rajasthan Act 21 of 2014, s. 3]
**Rajasthan**
**Amendment of section 2, Central Act XIV of 1947.-In section 2 of the principal Act;--**
# (i) after clause (aa) the following new clauses shall be inserted, namely
# " (aaa) "arbitration proceeding" means
# (i) any proceeding under Chapter III-A of this Act before an arbitrator, or
# (ii) any proceeding before an Industrial Tribunal in arbitration;
# (aaaa) "arbitrator" means an arbitrator to whom a dispute is referred for arbitration
# under the provisions of Chapter III-A of this Act and includes an umpire;"
# (ii) in clause (b), for the words, figures and letter "under section 10A", the words,
# figures and letter "under Chapter III-A" shall be substituted;
# (iii) after clause (eee) the following new clause shall be inserted, namely
# "(eeee) "member" means a person who is an ordinary member of a Union
and who has paid a subscription of not less than four annas per month:
Provided that no person shall at any time be deemed to be a member if his
subscription is in arrears for a period of three months or more next preceding such time;";
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(iv) in clause (g), after sub-clause (ii), the following sub-clause shall be inserted, namely
" (iii) where the owner of any industry in the course of or for the purpose of conducting
the industry contracts with any person for the execution by or under the contractor of the
whole or any part of any work which is ordinarily a part of the industry, the owner of the
industry;";
(v) after clause (oo) the following new clauses shall be inserted, namely
"(ooo) "Registrar" means the person for the time being appointed to be the
Registrar of Unions under this Act and includes in respect of such powers and duties
of the Registrar as may be conferred and imposed on him, an Assistant Registrar of
Unions;
(oooo) "Representative Union" means a Union for the time being registered as a
Representative Union under this Act;";
(vi) after clause (rr), the following new clause shall be inserted, namely
"(rrr) "Union" means a Trade Union of employees registered under the Indian
Trade Unions Act, 1926 (Central Act XVI of 1926);"; and
(vii) in clause (s), after the words "employed in any industry", the words "by an employer
or by a contractor in relation to the execution of his contract with such employer" shall be
inserted.
# [Vide Rajasthan Act 34 of 1958, s. 3]
CHAPTER II
AUTHORITIES UNDER THIS ACT
**3. Works Committee.—(1) In the case of any industrial establishment in which one hundred or more**
workmen are employed or have been employed on any day in the preceding twelve months, the
appropriate Government may by general or special order require the employer to constitute in the
prescribed manner a Works Committee consisting of representatives of employers and workmen engaged
in the establishment so however that the number of representatives of workmen on the Committee shall
not be less than the number of representatives of the employer. The representatives of the workmen shall
be chosen in the prescribed manner from among the workmen engaged in the establishment and in
consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926
(16 of 1926).
(2) It shall be the duty of the Works Committee to promote measures for securing and preserving
amity and good relations between the employer and workmen and, to that end, to comment upon matters
of their common interest or concern and endeavour to compose any material difference of opinion in
respect of such matters.
**STATE AMENDMENT**
**Manipur**
In section 3 of the Disturbed Areas (Special Courts) Act, 1976, (hereinafter referred to as the
Principal Act):-
(a) in sub-section (1), between the words, “communities”, and “it may”, the following words,
brackets and figures shall be inserted, namely—
“or by reason of extension and indiscriminate armed violence by members of an association
declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967”;
(b) in sub-section (2)—
(i) In clause (a) of the proviso, the word “and” appearing at the end shall be deleted, and the
words, letters and brackets, “save in respect of the cases referred to in clause (aa)”, shall be
inserted in the beginning, and
14
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(ii) below clause (a) of the proviso so amended, the following clause shall be added,
namely:-
“(aa) in respect of extensive and indiscriminate armed violence by members of any
association declared as unlawful association under the Unlawful Activities (Prevention)
Act, 1967, no period commencing from a date earlier than the date of publication of the
notification, if any, under section 3 of the Armed Forces (Special Powers) Act, 1958 (28 of
1958) in respect of that area or earlier than two years before the date of publication of the
notification under sub-section (1), shall be specified therein; and “.
[Vide Manipur Act 11 of 1982, s. 2]
**Rajasthan**
**Insertion of new section 3A, in Central Act XIV of 1947.-After section 3 of the principal Act, the**
following new section shall be inserted, namely
"3A. Registrar and Assistant Registrar.-(1) The State Government shall, by notification in the
Official Gazette, appoint a person to be the Registrar of Unions for the purpose of this Act for the
whole of the State.
(2) The State Government may, by similar notification, appoint a person to be the Assistant
Registrar of Unions for any local area and may, by general or special order, confer on such person all
or any of the powers of the Registrar of Unions under this Act."
[Vide Rajasthan Act 34 of 1958, s. 4]
**Insertion of new Chapter II-B in Central Act XIV of 1947.- After section 9B of the principal Act,**
the following new Chapter shall be inserted, namely:
**"CHAPTER II-B**
**Registration of Unions.**
**9C. Maintenance of register.-It shall be the duty of the Registrar to maintain in such form as may be**
prescribed a register of Unions registered by him under the provisions of this Act.
**9D. Application for Registration.-Any Union which has for the whole of the period of three months**
next preceding the date of its so applying under this section a membership of not less than fifteen per cent.
of the total number of workmen employed in unit of an industry may apply in the prescribed form to the
Registrar for registration as a Representative Union.
**9E. Registration of Union.-On receipt of an application from a Union for registration under section**
9D and on payment of the fee prescribed, the Registrar shall, if, after holding such inquiry as he deems fit,
he comes to the conclusion that the conditions requisite for registration specified in the said section are
satisfied and that the Union is not otherwise disqualified for registration, enter the name of the Union in
the appropriate register maintained under section 9C and issue a certificate of registration in such form as
may be prescribed:
Provided that
(i) where two or more Unions fulfilling the conditions necessary for registration under this
Act apply for registration in respect of the same unit of an industry, the Union having the largest
membership of employees employed in the unit of the industry shall be registered; and
(ii) the Registrar shall not register any Union if he is satisfied that the application for its
registration is not made bona fide in the interest of the workmen but is made in the interest of the
employers to the prejudice of the interest of the workmen.
**9F. Cancellation of registration.-The Registrar shall cancel the registration of a Union-**
(a) if, after holding such inquiry, if any, as he deems fit he is satisfied
(i) that it was registered under mistake, misrepresentation or fraud; or
(ii) that the membership of the Union has for a continuous period of three months
fallen below the minimum required under section 9D for its registration:
15
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Provided that where a strike or a closure not being an illegal strike or closure
under this Act in a unit of industry involving more than one-third of the workmen in the
unit of the industry has extended to a period exceeding fourteen days in any calendar
month, such month shall be excluded in computing the said period of three months:
Provided further that the registration of a Union shall not be cancelled under the
provisions of this sub-clause unless its membership at the time of the cancellation is less
than such minimum; or
(iii) that the registered Union is being conducted not bona fide in the interests of
workmen but in the interests of employers to the prejudice of the interests of workmen; or
(iv) that it has instigated, aided or assisted the commencement or continuance of
an illegal strike;
(b) if its registration under the Indian Trade Unions Act, 1926 (Central Act XVI of 1926)
is cancelled.
**9G. Registration of another Union in place of existing registered Union.-(1) If at any time any**
Union (hereinafter in this section referred to as "applicant Union") makes an application to the Registrar
for being registered in place of the Union (hereinafter in this section referred to as "representative Union")
for a unit of an industry on the ground that it has a larger membership of workmen employed in such unit
of the industry, the Registrar shall call upon the representative Union by a notice in writing to show cause
within one month of the receipt of such notice why the applicant Union should not be registered in its
place. An application made under this sub-section shall be accompanied by such fee as may be prescribed.
(2) The Registrar shall forward to the Labour Commissioner of the State Government a copy of the
said application and notice.
(3) If, on the expiry of the period of notice under sub-section (1) and after holding such inquiry as he
deems fit, the Registrar comes to the conclusion that the applicant Union complies with the conditions
necessary for registration specified in section 9D and that its membership was during the whole of the
period of three months immediately preceding the date of the application under this section larger than the
membership of the representative Union, he shall, subject to the provisions of section 9D, register the
applicant Union in place of the representative Union.
(4) Every application made under this section shall be published in the prescribed manner not less
than fourteen days before the expiry of the period of notice under sub-section (1).
**9H. Application for re-registration.-(1) Any Union the registration of which has been cancelled on**
the ground that it was registered under a mistake or on the ground specified in sub-clause (ii) of clause (a)
of section 9F may, at any time after three months from the date of such cancellation and on payment of
such fees as may be prescribed, apply for re-registration. The provisions of sections 9D and 9E shall
apply in respect of such application.
(2) A Union the registration of which has been cancelled on any other ground shall, not, save with the
permission of the State Government, be entitled to apply for re-registration.
**9I. Appeal to Industrial Tribunal from order of Registrar.-(1) Any party to a proceeding before,**
the Registrar may, within thirty days from the date of an order passed by the Registrar under this Chapter,
appeal against such order to the Industrial Tribunal:
Provided that the Industrial Tribunal may, for sufficient reason, admit any appeal made after the
expiry of such period.
(2) The Industrial Tribunal may admit an appeal under sub-section (1) if on a perusal of the
memorandum of appeal and the decision appealed against it finds that the decision is contrary to law or
otherwise erroneous.
(3) The Industrial Tribunal in appeal, may confirm, modify or rescind any order passed by the
Registrar and may pass such consequential orders as it may deem fit. A copy of the orders passed by the
Industrial Tribunal, shall be sent to the Registrar.
16
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**9J. Publication of orders.-Every order passed under section 9E or section 9F or section 9G and**
every order passed in appeal under section 9I shall be published in the prescribed manner."
[Vide Rajasthan Act 34 of 1958, s. 5]
**4. Conciliation officers.—(1) The appropriate Government may, by notification in the Official Gazette, appoint**
such number of persons as it thinks fit, to be conciliation officers, charged with the duty of mediating in and
promoting the settlement of industrial disputes.
(2) A conciliation officer may be appointed for a specified area or for specified industries in a specified area or
for one or more specified industries and either permanently or for a limited period.
**5. Board of Conciliation.—(1) The appropriate Government may as occasion arises by notification in the**
Official Gazette constitute a Board of Conciliation for promoting the settlement of an industrial dispute.
(2) A Board shall consist of a chairman and two or four other members, as the appropriate Government thinks
fit.
(3) The chairman shall be an independent person and the other members shall be persons appointed in equal
numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on
the recommendation of that party:
Provided that, if any party fails to make a recommendation as aforesaid within the prescribed time, the
appropriate Government shall appoint such persons as it thinks fit to represent that party.
(4) A Board, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its
members or any vacancy in its number:
Provided that if the appropriate Government notifies the Board that the services of the chairman or of any other
member have ceased to be available, the Board shall not act until a new chairman or member, as the case may be,
has been appointed.
**6. Courts of Inquiry.—(1) The appropriate Government may as occasion arises by notification in the Official**
Gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an
industrial dispute.
(2) A Court may consist of one independent person or of such number of independent persons as the appropriate
Government may think fit and where a Court consists of two or more members, one of them shall be appointed as
the chairman.
(3) A Court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its
members or any vacancy in its number:
Provided that, if the appropriate Government notifies the Court that the services of the chairman have ceased to
be available, the Court shall not act until a new chairman has been appointed.
1[7. Labour Courts.—(1) The appropriate Government may, by notification in the Official Gazette, constitute
one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second
Schedule and for performing such other functions as may be assigned to them under this Act.
(2) A Labour Court shall consist of one person only to be appointed by the appropriate Government.
(3) A person shall not be qualified for appointment as the presiding officer of a Labour Court, unless—
2[(a) he is, or has been, a Judge of a High Court; or
(b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or
3* - - -
4[(d)] he has held any judicial office in India for not less than seven years; or
4[(e)] he has been the presiding officer of a Labour Court constituted under any Provincial Act or State Act
for not less than five years.
5[(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State
Labour Department, having a degree in law and at least seven years' experience in the labour department
including three years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed
unless he resigns from the service ofthe Central Government or State Government, as the case may be, before being
appointed as the presiding officer; or
(g) he is an officer of Indian Legal Service in Grade Ili with three years' experience in the grade.]
1. Subs. by Act 36 of 1956, s. 4, for section 7 (w.e.f. 10-3-1957).
2. Ins. by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
3. Clause (c) omitted by Act 46 of 1982, s. 3 (w.e.f. 21-8-1984).
4. Clauses (a) and (b) re-lettered as (d) and (e) respectively by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
5. Ins. by Act 24 of 2010, s. 4 (w.e.f. 15-9-2010).
17
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**7A. Tribunals.—(1) The appropriate Government may, by notification in the Official Gazette,**
constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any
matter, whether specified in the Second Schedule or the Third Schedule [1][and for performing such other
functions as may be assigned to them under this Act].
2[(1A) The Industrial Tribunal constituted by the Central Government under sub-section (1) shall also
# exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the
jurisdiction, powers and authority conferred on the Tribunal referred to in section 7D of the Employees'
Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).]
(2) A Tribunal shall consist of one person only to be appointed by the appropriate Government.
(3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless—
(a) he is, or has been, a Judge of a High Court; or
3[(aa) he has, for a period of not less than three years, been a District Judge or an Additional
District Judge; [4]***]
5[(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the
State Labour Department,, having a degree in law and at least seven years' experience in the labour
department including three years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall
be appointed unless he resigns from the service of the Central Government or State Government, as the
case may be, before being appointed as the presiding officer; or
(c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.]
6* - - -
(4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the
Tribunal in the proceeding before it.
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 7A.—In sub-section (3) of section 7A of the Industrial Disputes Act, 1947 (Central Act**
14 of 1947) (hereinafter referred to as the principal Act), after clause (a), the following clause shall be inserted,
namely:—
“(aa) he is, or has been a District Judge, or”
[Vide Karnataka Act 6 of 1963, s. 2]
**Amendment of section 7A.—In clause (aa) of sub-section (3) of section 7A of the Industrial**
Disputes Act, 1947 (Central Act 14 of 1947), as inserted by the Industrial Disputes (Karnataka
Amendment) Act, 1962 (Karnataka Act 6 of 1963), after the words “district Judge” the words “for a
period of not less than three years”, shall be inserted.
[Vide Karnataka Act 35 of 1963, s. 2]
**Kerala**
**Amendment of Section 7A.—In sub-section (3) of section 7A of the Industrial Disputes Act, 1947**
(Central Act 14 of 1947) for clause (a), the following clause shall be substituted, namely:-
“(a) he is, or has been, a judicial officer not below the rank of a District Judge, or is qualified for
appointment as a Judge of a High Court; or” .
1. Ins. by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
2. Ins. by Act 7 of 2017, s. 158 (w.e.f. 26-5-2017).
3. Ins. by Act 36 of 1964, s. 4 (w.e.f. 19-12-1964).
4. The word “or” omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
5. Ins. by Act 24 of 2010, s. 5 (w.e.f. 15-9-2010).
6. Clause (b) omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
18
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[Vide Kerala Act 28 of 1961, s. 2]
**Orissa**
**Amendment of section 7A (Act 14 of 1947).—In sub-section (3) of section 7-A of the Industrial**
Disputes Act, 1947 (14 of 1947), after clause (a), the following new clause shall be inserted, namely:
“(aa) he has been a member of the Orissa Superior Judicial Service for a period of not less than seven
years.”
[Vide Orissa Act 6 of 1960, s. 2]
**7B. National Tribunals.—(1) The Central Government may, by notification in the Official Gazette,**
constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in
the opinion of the Central Government, involve questions of national importance or are of such a nature
that industrial establishments situated in more than one State are likely to be interested in, or affected by,
such disputes.
(2) A National Tribunal shall consist of one person only to be appointed by the Central Government.
(3) A person shall not be qualified for appointment as the presiding officer of a National Tribunal
1[unless he is, or has been, a Judge of a High Court].
(4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the
National Tribunal in the proceeding before it.
**7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National**
**Tribunals. —No person shall be appointed to, or continue in, the office of the presiding officer of a**
Labour Court, Tribunal or National Tribunal, if—
(a) he is not an independent person; or
(b) he has attained the age of sixty-five years.]
2[7D. Qualifications, terms and conditions of service of Presiding Officer.—Notwithstanding
anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances,
resignation and removal and other terms and conditions of service of the Presiding Officer of the
Industrial Tribunal appointed by the Central Government under sub-section (1) of section 7A, shall, after
the commencement of [3][the Tribunals Reforms Act, 2021, be governed by the provisions of Chapter II of
the said Act]:
Provided that the Presiding Officer appointed before the commencement of Part XIV of Chapter
VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules
made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.]
4[8. Filling of vacancies.—If, for any reason a vacancy (other than a temporary absence) occurs in
the office of the presiding officer of a Labour Court, Tribunal or National Tribunal or in the office of the
chairman or any other member of a Board or Court, then, in the case of a National Tribunal, the Central
Government and in any other case, the appropriate Government, shall appoint another person in
accordance with the provisions of this Act to fill the vacancy, and the proceeding may be continued
before the Labour Court, Tribunal, National Tribunal, Board or Court, as the case may be, from the stage
at which the vacancy is filled.
**9. Finality of orders constituting Boards, etc.—(1) No order of the appropriate Government or of**
the Central Government appointing any person as the chairman or any other member of a Board or Court
or as the presiding officer of a Labour Court, Tribunal or National Tribunal shall be called in question in
any manner; and no act or proceeding before any Board or Court shall be called in question in any manner
1. Subs. by Act 46 of 1982, s. 5, for certain words (w.e.f. 21-8-1984).
2. Ins. by Act 7 of 2017, s. 158 (w.e.f. 26-5-2017).
3. Subs. by Act 33 of 2021, s. 8, for “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be governed by the provisions
of section 184 of that Act” (w.e.f. 4-4-2021).
4. Subs. by Act 36 of 1956, s. 5, for sections 8 and 9 (w.e.f. 10-3-1957).
19
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on the ground merely of the existence of any vacancy in, or defect in the constitution of, such Board or
Court.
(2) No settlement arrived at in the course of a conciliation proceeding shall be invalid by reason only
of the fact that such settlement was arrived at after the expiry of the period referred to in sub-section (6)
of section 12 or sub-section (5) of section 13, as the case may be.
(3) Where the report of any settlement arrived at in the course of conciliation proceeding before a
Board is signed by the chairman and all the other members of the Board, no such settlement shall be
invalid by reason only of the casual or unforeseen absence of any of the members (including the
chairman) of the Board during any stage of the proceeding.]
1[CHAPTER IIA
NOTICE OF CHANGE
**9A. Notice of change.—No employer, who proposes to effect any change in the conditions of service**
applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such
change,—
(a) without giving to the workmen likely to be affected by such change a notice in the prescribed
manner of the nature of the change proposed to be effected; or
(b) within twenty-one days of giving such notice:
Provided that no notice shall be required for effecting any such change—
(a) where the change is effected in pursuance of any [2][settlement or award]; or
(b) where the workmen likely to be affected by the change are persons to whom the Fundamental
and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services
(Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence
Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any
other rules or regulations that may be notified in this behalf by the appropriate Government in the
Official Gazette, apply.
**9B. Power of Government to exempt.—Where the appropriate Government is of opinion that the**
application of the provisions of section 9A to any class of industrial establishments or to any class of
workmen employed in any industrial establishment affect the employers in relation thereto so
prejudicially that such application may cause serious repercussion on the industry concerned and that
public interest so requires, the appropriate Government may, by notification in the Official Gazette, direct
that the provisions of the said section shall not apply or shall apply, subject to such conditions as may be
specified in the notification, to that class of industrial establishments or to that class of workmen
employed in any industrial establishment.]
3[CHAPTER IIB
GRIEVANCE REDRESSAL MACHINERY
**9C. Setting up of Grievance Redressal Machinery.—(1)** Every industrial establishment
employing twenty or more workmen shall have one or more Grievance Redressal Committee for the
resolution of disputes arising out of individual grievances.
(2) The Grievance Redressal Committee shall consist of equal number of members from the
employer and the workmen.
(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and
from among the workmen alternatively on rotation basis every year.
(4) The total number of members of the Grievance Redressal Committee shall not exceed more than
six:
Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal
Committee has two members and in case the number of members are more than two, the number of women
members may be increased proportionately.
(5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal
Committee shall not affect the right of the workman to raise industrial dispute on the same matter under
the provisions of this Act.
1. Ins. by Act 36 of 1956, s. 6 (w.e.f. 10-3-1957).
2. Subs. by Act 24 of 2010, s. 6, for Chapter IIB (w.e.f. 15-9-2010).
3. Ins. by Act 46 of 1982, s. 7 (w.e.f. 21-8-1984).
20
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(6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt
of a written application by or on behalf of the aggrieved party.
(7) The workman who is aggrieved of the decision of the Grievance Redressal Committee may
prefer an appeal to the employer against the decision of Grievance Redressal Committee and the
employer shall, within one month from the date of receipt of such appeal, dispose off the same and send
a copy of his decision to the workman concerned.
(8) Nothing contained in this section shall apply to the workmen for whom there is an established
Grievance Redressal Mechanism in the establishment.]
**Rajasthan**
**Amendment of section 9D, Central Act 14 of 1947.-In the Industrial Disputes Act, 1947 (Central**
Act 14 of 1947), as amended by the Industrial Disputes (Rajasthan Amendment) Act, 1958 (Rajasthan
Act 34 of 1958), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, in
section 9D, for the words "three months next preceding the date of its so applying", the words "at least
three months during the period of six months immediately preceding the calendar month in which it so
applies" shall be substituted.
[Vide Rajasthan Act 14 of 1970, s. 2]
**Amendment of section 9E, Central Act 14 of 1947.-In section 9E of the principal Act, the existing**
section shall be numbered as subsection (1) and after sub-section (1) so re-numbered, the following new
sub-section shall be inserted, namely:
"(2) Once a union has been registered as a representative union under this Act, the registration of the
union shall be held valid for a period of two years from the date of its registration and shall continue to
hold valid unless the registration is cancelled under section 9F of this Act or another union is registered in
its place according to section 9G of this Act."
[Vide Rajasthan Act 14 of 1970, s. 3]
**Amendment of section 9F, Central Act 14 of 1947.-In sub-clause (ii) of clause (a) of section 9F of**
the principal Act, after the words "continuous period of three months", the words "at any time after two
years from the date of its registration" shall be inserted.
[Vide Rajasthan Act 14 of 1970, s. 4]
**Amendment of Chapter II-B, Central Act No.14 of 1947.- Chapter II-B of the principal Act, as**
inserted by the Rajasthan Act No. 34 of 1958, shall be renumbered as
“CHAPTER IIC”.
[Vide Rajasthan Act 21 of 2014, s. 4]
**Amendment of section 9G, Central Act 14 of 1947.-In section 9G of the principal Act-**
(a) in sub-section (1)—
(i) the words "at any time", occurring after the word "If" shall be deleted; and
(ii) after the words "for a unit of an industry", the words "at any time after a lapse of two
years from the date of registration of the representative union" shall be inserted; and
(b) in sub-section (3), for the words "three months immediately preceding the date of the
application", the words "at least three months during the period of six months immediately preceding
the calendar month in which it so applied" shall be substituted.
[Vide Rajasthan Act 14 of 1970, s. 5]
**Amendment of section 9C, Central Act No. 14 of 1947.- Section 9C of the principal Act, as inserted by**
the Rajasthan Act No. 34 of 1958, shall be renumbered as “9CC”.
[Vide Rajasthan Act 21 of 2014, s. 5]
**Amendment of section 9D, Central Act No. 14 of 1947.- In section 9D of the principal Act, as inserted**
by the Rajasthan Act No. 34 of 1958, the existing expression “fifteen per cent” shall be substituted by the
expression “thirty per cent”.
[Vide Rajasthan Act 21 of 2014, s. 6]
21
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CHAPTER III
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS
**10. Reference of disputes to Boards, Courts or Tribunals.—(1) [1][Where the appropriate Government is**
of opinion that any industrial dispute exists or is apprehended, it may at any time], by order in writing,—
(a) refer the dispute to a Board for promoting a settlement thereof; or
(b) refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry; or
2[(c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it
relates to any matter specified in the Second Schedule, to a Labour Court for adjudication; or
(d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether
it relates to any matter specified in the Second Schedule or the Third Schedule, to a Tribunal for
adjudication:
Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to
affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference
to a Labour Court under clause (c):]
3[Provided further that] where the dispute relates to a public utility service and a notice under section 22
has been given, the appropriate Government shall, unless it considers that the notice has been frivolously or
vexatiously given or that it would be inexpedient so to do, make a reference under this
sub-section notwithstanding that any other proceedings under this Act in respect of the dispute may have
commenced:
4[Provided also that where the dispute in relation to which the Central Government is the appropriate
Government, it shall be competent for that Government to refer the dispute to a Labour Court or an Industrial
Tribunal, as the case may be, constituted by the State Government.]
5[(1A) Where the Central Government is of opinion that any industrial dispute exists or is
apprehended and the dispute involves any question of national importance or is of such a nature that
industrial establishments situated in more than one State are likely to be interested in, or affected by, such dispute
and that the dispute should be adjudicated by a National Tribunal, then, the Central Government may, whether or not
it is the appropriate Government in relation to that dispute, at any time, by order in writing, refer the dispute or any
matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the
Second Schedule or the Third Schedule, to a National Tribunal for adjudication.]
(2) Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a
reference of the dispute to a Board, Court, [6][Labour Court, Tribunal or National Tribunal], the appropriate
Government, if satisfied that the persons applying represent the majority of each party, shall make the
reference accordingly.
7[(2A) An order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under
this section shall specify the period within which such Labour Court, Tribunal or National Tribunal shall
submit its award on such dispute to the appropriate Government:
Provided that where such industrial dispute is connected with an individual workman, no such period
shall exceed three months:
Provided further that where the parties to an industrial dispute apply in the prescribed manner,
whether jointly or separately, to the Labour Court, Tribunal or National Tribunal for extension of such
period or for any other reason, and the presiding officer of such Labour Court, Tribunal or National
Tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in
writing, extend such period by such further period as he may think fit:
Provided also that in computing any period specified in this sub-section, the period, if any, for which
the proceedings before the Labour Court, Tribunal or National Tribunal had been stayed by any injunction
or order of a Civil Court shall be excluded:
1. Subs. by Act 18 of 1952, s. 3, for “If any industrial dispute exists or is apprehended, the appropriate Government may”.
2. Subs. by Act 36 of 1956, s. 7, for clause (c) (w.e.f. 10-3-1957).
3. Subs. by s. 7, ibid., for “Provided that” (w.e.f. 10-3-1957).
4. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).
5. Ins. by Act 36 of 1956, s. 7 (w.e.f. 10-3-1957).
6. Subs. by Act 36 of 1956, s. 7, for “or Tribunal” (w.e.f. 10-3-1957).
7. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).
22
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Provided also that no proceedings before a Labour Court, Tribunal or National Tribunal shall lapse
merely on the ground that any period specified under this sub-section had expired without such
proceedings being completed.]
(3) Where an industrial dispute has been referred to a Board, [1][Labour Court, Tribunal or National
Tribunal] under this section, the appropriate Government may by order prohibit the continuance of any
strike or lock-out in connection with such dispute which may be in existence on the date of the reference.
1[(4) Where in an order referring an industrial dispute to 2[a Labour Court, Tribunal or National
Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points
of dispute for adjudication, [3][the Labour Court or the Tribunal or the National Tribunal, as the case may
be], shall confine its adjudication to those points and matters incidental thereto.
(5) Where a dispute concerning any establishment or establishments has been, or is to be, referred to a
4[Labour Court, Tribunal or National Tribunal] under this section and the appropriate Government is of
opinion, whether on an application made to it in this behalf or otherwise, that the dispute is of such a
nature that any other establishment, group or class of establishments of a similar nature is likely to be
interested in, or affected by, such dispute, the appropriate Government may, at the time of making the
reference or at any time thereafter but before the submission of the award, include in that reference such
establishment, group or class of establishments, whether or not at the time of such inclusion any dispute
exists or is apprehended in that establishment, group or class of establishments.]
5[(6) Where any reference has been made under sub-section (1A) to a National Tribunal, then
notwithstanding anything contained in this Act, no Labour Court or Tribunal shall have jurisdiction to
adjudicate upon any matter which is under adjudication before the National Tribunal, and accordingly,—
(a) if the matter under adjudication before the National Tribunal is pending a proceeding before a
Labour Court or Tribunal, the proceeding before the Labour Court or the Tribunal, as the case may
be, in so far as it relates to such matter, shall be deemed to have been quashed on such reference to
the National Tribunal; and
(b) it shall not be lawful for the appropriate Government to refer the matter under adjudication
before the National Tribunal to any Labour Court or Tribunal for adjudication during the pendency of
the proceeding in relation to such matter before the National Tribunal.
6[Explanation.—In this sub-section, “Labour Court” or “Tribunal” includes any Court or Tribunal
or other authority constituted under any law relating to investigation and settlement of industrial
disputes in force in any State.]
(7) Where any industrial dispute, in relation to which the Central Government is not the appropriate
Government, is referred to a National Tribunal, then notwithstanding anything contained in this Act, any
reference in section 15, section 17, section 19, section 33A, section 33B and section 36A to the
appropriate Government in relation to such dispute shall be construed as a reference to the Central
Government but, save as aforesaid and as otherwise expressly provided in this Act, any reference in any
other provision of this Act to the appropriate Government in relation to that dispute shall mean a
reference to the State Government.]
7[(8) No proceedings before a Labour Court, Tribunal or National Tribunal in relation to an industrial
dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and
such Labour Court, Tribunal or National Tribunal shall complete such proceedings and submit its award
to the appropriate Government.]
1. Ins. by Act 18 of 1952, s. 3.
2. Subs. by Act 36 of 1956, s. 7, for “a Tribunal” (w.e.f. 10-3-1957).
3. Subs. by s. 7, ibid., for “the Tribunal” (w.e.f. 10-3-1957).
4. Subs. by s. 7, ibid., for “Tribunal” (w.e.f. 10-3-1957).
5. Ins. by s. 7, ibid. (w.e.f. 10-3-1957).
6. Ins. by Act 36 of 1964, s. 5 (w.e.f. 19-12-1964).
7. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).
23
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**STATE AMENDMENT**
**Karnataka**
**Amendment of Central Act XIV of 1947.—(1) In section 10 of the Industrial Disputes Act, 1947, as**
amended by the Industrial Disputes (Madras Amendment) Act, 1949 (Madras Act XII of 1949),
sub-section (2A) shall be omitted.
(2) Section 10A of the Industrial Disputes Act, 1947, as inserted by the Industrial Disputes (Mysore
Amendment) Act, 1953 (Mysore Act 15 of 1953), shall be omitted.
[Vide Karnataka Act 1 of 1960, s. 2]
**Karnataka**
**Amendment of section 10.—In the industrial Disputes Act, 1947 (Central Act 14 of 1947)**
(hereinafter referred to as the principal Act), in section 10, after sub-section (4), the following sub-section
shall be inserted namely:—
“(4A) Notwithstanding anything contained in the section 9C and in this section, in the case of a
dispute falling within the scope of section 2A, the individual workman concerned may, within six
months from the date of communication to him of the order of discharge, dismissal, retrenchment or
termination or the date of commencement of the Industrial Disputes (Karnataka Amendment) Act,
1987, whichever is later, apply, in the prescribed manner, to the Labour Court for adjudication of the
dispute and the Labour Court dispose of such application in the same manner as a dispute referred
under sub-section (1).
**Note.—An application under sub-section (4A), may be made even in respect of a dispute pending**
consideration of the Government for reference, on the date of commencement of the Industrial
Disputes (Karnataka Amendment) Act, 1987.”
[Vide Karnataka Act 5 of 1988, s. 2]
1[10A. Voluntary reference of disputes to arbitration.—(1) Where any industrial dispute exists or
is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at
any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National
Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person
or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an
arbitrator or arbitrators as may be specified in the arbitration agreement.
2[(1A) Where an arbitration agreement provides for a reference of the dispute to an even number of
arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter
upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire
shall prevail and shall be deemed to be the arbitration award for the purposes of this Act.]
(2) An arbitration agreement referred to in sub-section (1) shall be in such form and shall be signed
by the parties thereto in such manner as may be prescribed.
(3) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the
conciliation officer and the appropriate Government shall, within [3][one month] from the date of the
receipt of such copy, publish the same in the Official Gazette.
2[(3A) Where an industrial dispute has been referred to arbitration and the appropriate Government is
satisfied that the persons making the reference represent the majority of each party, the appropriate
Government may, within the time referred to in sub-section (3), issue a notification in such manner as
1. Ins. by Act 36 of 1956, s. 8 (w.e.f. 10-3-1957).
2. Ins. by Act 36 of 1964, s. 6 (w.e.f. 19-12-1964).
3. Subs. by Act 36 of 1964, s. 6, for “fourteen days” (w.e.f. 19-12-1964).
24
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may be prescribed; and when any such notification is issued, the employers and workmen who are not
parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of
presenting their case before the arbitrator or arbitrators.]
(4) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate
Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be.
2[(4A) Where an industrial dispute has been referred to arbitration and a notification has been issued
under sub-section (3A), the appropriate Government may, by order, prohibit the continuance of any strike
or lock-out in connection with such dispute which may be in existence on the date of the reference.]
(5) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to arbitration under this section.]
**STATE AMENDMENT**
**Kerala**
**Insertion of new section 10B.—After section 10A of the Industrial Disputes Act, 1947 (Central Act**
14 of 1947) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:
**“10B. Power to issue orders regarding terms and conditions of service pending settlement of**
**disputes.— (1) Where an industrial dispute has been referred by the State Government to a Labour**
Court or Tribunal under sub-section (1) of section 10 and if, in the opinion of that Government, it is
necessary or expedient so to do for securing the public safety or convenience or the maintenance of
public order or supplies and services essential to the life of the community or for maintaining
employment or industrial peace in the establishment concerning which such reference has been made,
it may, by general or special order, make provision—
(a) for requiring the employers or workmen or both to observe such terms and conditions of
employment as may be specified in the order or as may be determined in accordance with the order,
including payment of money by the employer to any person who is or has been a workman;
(b) for requiring any public utility service not to close or remain closed and to work or continue to
work on such terms and conditions as may be specified in the order; and
(c) for any incidental or supplementary matters which appear to it to be necessary or expedient for
the purposes of the order:
Provided that no order made under this sub-section shall require any employer to observe terms and
conditions of employment less favourable to the workmen than those which were applicable to them at
any time within three months immediately preceding the date of the order.
_Explanation.—For the purposes of this sub-section "public utility service" means—_
(i) any section of an industrial establishment on the working of which the safety of the
establishment or the workmen employed therein depends;
(ii) any industry which supplies power, light or water to the public;
(iii) any industry which has been declared by the State Government to be a public utility
service for the purposes of this Act.
(2) An order made under sub-section (1) shall cease to operate on the expiry of a period of six months
from the date of order or on the date of the award of the Labour Court or the Tribunal, as the case may be,
whichever is earlier.
(3) Any money paid by an employer to any person in pursuance of any order under sub-section (1)
may be deducted by that employer from out of any monetary benefit to which such person becomes
entitled under the provisions of any award passed by the Labour Court or the Tribunal, as the case may
be."]
[Vide Kerala Act 30 of 1979, s. 2 ]
25
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**Karnataka**
**Insertion of new section 10B.—After section 10A of the principal Act, the following section shall be**
inserted namely:—
**“10B. Power to issue order regarding terms and conditions of service pending settlement of**
**disputes.—(1)** Where an industrial dispute has been referred by the State Government to a Labour
Court or a Tribunal under Sub-section (1) of section 10 and if in the opinion of the State Government
it is necessary or expedient so to do for securing the public safety or convenience or the maintenance
of public order or supplies and services essential to the life of the community or for maintain
employment or industrial peace in the establishment concerning which such reference has been made,
it may, by general or special order, make provision,—
(a) for requiring the employer or workman or both to observe such terms and conditions of
employment s may be specified in the order or as may be determined in accordance with the
order, including payment of money by the employer to any person who is or has been a workman;
(b) for requiring any public utility service not to close or remain closed and to work or
continue to work on such terms and conditions as may be specified in the order, and
(c) for any incidental or supplementary matter which appears to it to be necessary or
expedients for the purpose of the order:
Provident that no order made under this sub-section shall require any employer to observe terms and
conditions of employment less favorable to the workman than those which were applicable to them at any
time within the months immediately preceeding the date of the order.
_Explanation.—For the purpose the this sub-section “public utility service” means,—_
(i) any section of an industrial establishment on the working of which the safety of the
establishment or the workman employed therein depends;
(ii) any industry which supplies power, light or water to the public;
(iii) any industry which has been declared by the State Government to be a public utility service
for the purpose of this Act.
(2) An order made under sub-section (1) shall cease to operate on the expiry of a period of six months
from the date of the order or on the date of the award of the Labour Court or the Tribunal, as the case may
be, whichever is earlier.
(3) Any money paid by an employer to any person in pursuance of an order under sub-section (1),
may be deducted by that employer from out of any monetary benefit to which such person becomes
entitled under the provisions of any award passed by the Labour Court or the Tribunal, as the case may
be.
[Vide Karnataka Act 5 of 1988, s. 3]
**Rajasthan**
**Insertion of new section 10K. in Central Act 14 of 1947.-After section 10J of the principal Act, the**
following new section shall be inserted, namely:
**"10K. State Government may lay down terms and conditions of employment and**
**prohibit strikes, etc.- (1) Notwithstanding anything contained in the Act, if in the opinion of the**
State Government, it is necessary or expedient so to do, for securing the public safety or
convenience or the maintenance of public order or supplies and services essential to the life of the
community or for maintaining employment or maintaining industrial peace, it may by a general or
special order, make provision
26
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(a) for requiring employers, workmen or both to observe for such period as may be
specified in the order, such terms and conditions of employment as may be determined in
accordance with the order; and
(b) for prohibiting, subject to the provision of the order, strikes or lockouts generally
or a strike or lockout in connection with any industrial dispute.
(2) In case any industrial dispute is raised in respect of any provisions in the order of the State
Government made under sub-section (1) within a period of three months of the order, it shall be referred
by the State Government for adjudication to an Industrial Tribunal and the order shall lapse when the
award of the Tribunal becomes enforceable:
Provided, however, that the reference of the industrial dispute to adjudication shall not have the effect
of staying the operation of the order”.
[Vide Rajasthan Act 14 of 1970, s. 6]
**Insertion of new Chapter III-A in Central Act XIV of 1947.- For section 10A of the principal Act,**
the following new Chapter shall be inserted, namely:
**"CHAPTER III-A.**
**Arbitration.**
**10B. Submission.-(1) Any employer and a Representative Union or, in the absence of any registered**
Representative Union, any other Union which is representative of employees may, by a written
agreement, agree to submit any present or future industrial dispute or class of such disputes to the
arbitration of any person whether such arbitrator is named in such agreement or not. Such agreement shall
be called a submission.
(2) A copy of every such submission shall be sent to the Registrar who shall register it in the register
to be maintained for the purpose and shall publish it in such manner as may be prescribed.
**10C. Submission when revocable.-Every submission shall in the absence of any provision to the**
contrary contained therein be irrevocable:
Provided that a submission to refer future disputes to arbitration may at any time be revoked by any
of the parties to such submission by giving the other party three months' notice in writing:
Provided further that, before the expiry of the said period of three months the parties may agree to
continue the submission for such further period as may be agreed upon between them.
**10D. Proceedings in arbitration.-The proceedings in arbitration under this Chapter shall be in**
accordance with the provisions of the Arbitration Act, 1940 (Central Act X of 1940) in so far as they are
applicable and the powers which are exercisable by a Civil Court under the said provisions shall be
exercisable by the Industrial Tribunal.
**10E. Special case may be stated to Industrial Tribunal.- The arbitrator may refer any question of**
law arising before him in any proceeding under this Act to the Industrial Tribunal for its decision. Any
award made by the arbitrator shall be in accordance with such decision.
**10F, Award by arbitrator.-The arbitrator shall, after hearing the parties concerned, make an award**
which shall be signed by him.
**10G. Dispute to be referred to Industrial Tribunal if no arbitrator appointed.-Notwithstanding**
anything contained in this Chapter, if no provision has been made in any submission for the appointment
of an arbitrator or where by reason of any circumstances no arbitrator is appointed, such dispute may be
referred by the State Government for adjudication by the Industrial Tribunal.
**10H. State Government may refer industrial dispute to Industrial Tribunal for adjudication.-**
(1) Notwithstanding anything contained in this Chapter the State Government may, at any time, refer an
industrial dispute for adjudication by the Industrial Tribunal, if on a report made by the Conciliation .
Officer or otherwise it is satisfied that
(A) by reason of the continuance of the dispute
(a) a serious outbreak of disorder or a breach of the public peace is likely to occur; or
27
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(b) serious or prolonged hardship to a large section of the community is likely to be
caused; or
(c) the industry concerned is likely to be seriously affected or the prospects and scope for
employment therein curtailed; or,
(B) the dispute is not likely to be settled by other means; or
(C) it is necessary in the public interest to do so.
(2) When the State Government makes a reference to the Industrial Tribunal for adjudication of any
industrial dispute, any submission or any award of an arbitrator with regard to that industrial dispute shall
stand as cancelled.
**10I. Notice of award to parties.- (1) The arbitrator or the Industrial Tribunal as an arbitrator, as the**
case may be, shall forward copies of the award made by him or it to the parties, the Commissioner of
Labour, the Registrar and the State Government.
(2) On receipt of such award, the Registrar shall enter it in the register kept for the purpose.
**10J. Completion of proceeding.- The arbitration proceeding shall be deemed to have completed**
when the award is published under section 17."
[Vide Rajasthan Act 34 of 1958, s. 6]
CHAPTER IV
PROCEDURE, POWERS AND DUTIES OF AUTHORITIES
**11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals.—[1][(1) Subject**
to any rules that may be made in this behalf, an arbitrator, a Board, Court, Labour Court, Tribunal or
National Tribunal shall follow such procedure as the arbitrator or other authority concerned may think
fit.]
(2) A conciliation officer or a member of a Board, [2][or Court or the presiding officer of a Labour
Court, Tribunal or National Tribunal] may for the purpose of inquiry into any existing or apprehended
industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to
which the dispute relates.
(3) Every Board, Court, [3][Labour Court, Tribunal and National Tribunal] shall have the same powers
as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in
respect of the following matters, namely:—
(a) enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents and material objects;
(c) issuing commissions for the examination of witnesses;
(d) in respect of such other matters as may be prescribed;
and every inquiry or investigation by a Board, Court, [4][Labour Court, Tribunal or National Tribunal],
shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian
Penal Code (45 of 1860).
(4) A conciliation officer [5][may enforce the attendance of any person for the purpose of examination
of such person or call for] and inspect any document which he has ground for considering to be relevant
to the industrial dispute [6][or to be necessary for the purpose of verifying the implementation of any award
or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the
conciliation officer shall have the same powers as are vested in a Civil Court under the Code of Civil
1. Subs. by Act 36 of 1956, s. 9, for sub-section (1) (w.e.f. 10-3-1957).
2. Subs. by Act 36 of 1956, s. 9, for “Court or Tribunal” (w.e.f. 10-3-1957).
3. Subs. by s. 9, ibid., for “and Tribunal” (w.e.f. 10-3-1957).
4. Subs. by s. 9, ibid., for “or Tribunal” (w.e.f. 10-3-1957).
5. Subs. by Act 46 of 1982, s. 9, for “may call for” (w.e.f. 21-8-1984).
6. Ins. by Act 36 of 1956, s. 9 (w.e.f. 17-9-1956).
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Procedure, 1908 (5 of 1908), [1][in respect of enforcing the attendance of any person and examining him or
of compelling the production of documents]].
2[(5) A Court, Labour Court, Tribunal or National Tribunal may, if it so thinks fit, appoint one or
more persons having special knowledge of the matter under consideration as assessor or assessors to
advise it in the proceeding before it.
(6) All conciliation officers, members of a Board or Court and the presiding officers of a Labour
Court, Tribunal or National Tribunal shall be deemed to be public servants within the meaning of section
21 of the Indian Penal Code (45 of 1860).
(7) Subject to any rules made under this Act, the costs of, and incidental to, any proceeding before a
Labour Court, Tribunal or National Tribunal shall be in the discretion of that Labour Court, Tribunal or
National Tribunal and the Labour Court, Tribunal or National Tribunal, as the case may be, shall have full
power to determine by and to whom and to what extent and subject to what conditions, if any, such costs
are to be paid, and to give all necessary directions for the purposes aforesaid and such costs may, on
application made to the appropriate Government by the person entited, be recovered by that Government
in the same manner as an arrear of land revenue.]
3[(8) Every 4[Labour Court, Tribunal or National Tribunal] shall be deemed to be Civil Court for the
purposes of [5][sections 345, 346 and 348 of the Code of Criminal Procedure, 1973 (2 of 1974)].]
6[(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal
or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders
and decree of a Civil Court under order 21 of the Code of Civil Procedure, 1908 (5 of 1908).
(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award,
order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award,
order or settlement as if it were a decree passed by it.]
**STATE AMENDMENT**
**Karnataka**
**Amendment of section 11.—For sub-section (4) of section 11 of the principal Act, the following**
sub-section shall be substituted, namely:—
“(4) A Consiliation Officer may, if he considers that any document or the testimony of any person
is relevant or necessary for the settlement or an industrial dispute or for the purpose of verifying the
implementation of any award or carrying out any other duty imposed on him under this Act, call for
and inspect such document or summon and examine such person. For the aforesaid purposes, the
Conciliation Officer shall have the same powers as are vested in a Civil Court while trying a suit
under the Code of civil Procedure, 1908 (Central Act V of 1908), in respect of the following matters,
namely:—
(i) summoning and enforcing the attendance of any person and examining him on oath;
(ii) compelling the production of documents;
(iii) issuing commission for examination of witness.
(4A) Whoever refuses or fails to attend or take part in a conciliation proceedings or fails or refuses to
produce the documents in pursuance of an order issued under sub-section (4), shall, on conviction, be
1. Subs. by Act 46 of 1982, s. 9, for certain words (w.e.f. 21-8-1984).
2. Subs. by Act 36 of 1956, s. 9, for sub-sections (5) to (7) (w.e.f. 10-3-1957).
3. Ins. by Act 48 of 1950, s. 34 and the Schedule.
4. Subs. by Act 36 of 1956, s. 9, for “Tribunal” (w.e.f. 10-3-1957).
5. Subs. by Act 46 of 1982, s. 9, for certain words (w.e.f. 21-8-1984).
6. Ins. by Act 24 of 2010, s. 7 (w.e.f 15-9-2010).
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punishable with imprisonment for a period which may extend to three months or with fine which may
extend to five hundred rupees or with both.”
[Vide Karnataka Act 5 of 1988, s. 4]
1[11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in
**case of discharge or dismissal of workmen.—Where an industrial dispute relating to the discharge or**
dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for
adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National
Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may,
by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on
such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the
award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may
require:
Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal,
as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in
relation to the matter.]
**STATE AMENDMENT**
**Tamil Nadu**
**Insertion of new section 11-B-After section 11-A of the Industrial Disputes act, 1947 (Central Act XIV**
of 1947), the following section shall be inserted, namely:
“11-B. Power of Labour Court or Tribunal to execute its award by decree- A Labour Court
or a Tribunal shall have the power of a civil court to execute its own award as a decree of a civil court
and also to execute any settlement as defined in clause (p) of section 2 as a decree.”
[Vide Tamil Nadu Act 45 of 2008, s. 2]
In section 11-B of the Industrial Disputes Act, 1947 for the expression “award” the expression
“award and order” shall be substituted.
[Vide Tamil Nadu Act 19 of 2019, s. 2]
**12. Duties of conciliation officers.—(1) Where any industrial dispute exists or is apprehended, the**
conciliation officer may, or where the dispute relates to a public utility service and a notice under section
22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute,
without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof
and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and
amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the
conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government
2[or an officer authorised in this behalf by the appropriate Government] together with a memorandum of
the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the
close of the investigation, send to the appropriate Government a full report setting forth the steps taken by
him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement
thereof, together with a full statement of such facts and circumstances, and the reasons on account of
which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub-section (4), the appropriate Government is
satisfied that there is a case for reference to a Board, [3][Labour Court, Tribunal or National Tribunal], it
1. Ins. by Act 45 of 1971, s. 3 (w.e.f. 15-12-1971).
2. Ins. by Act 35 of 1965, s. 4 (w.e.f. 1-12-1965).
3. Subs. by Act 36 of 1956, s. 10, for “or Tribunal” (w.e.f. 10-3-1957).
30
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may make such reference. Where the appropriate Government does not make such a reference it shall
record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the
conciliation proceedings or within such shorter period as may be fixed by the appropriate Government:
1[Provided that, 2[subject to the approval of the conciliation officer,] the time for the submission of
the report may be extended by such period as may be agreed upon in writing by all the parties to the
dispute.]
**13. Duties of Board.—(1) Where a dispute has been referred to a Board under this Act, it shall be the**
duty of the Board to endeavour to bring about a settlement of the same and for this purpose the Board
shall, in such manner as it thinks fit and without delay, investigate the dispute and all matters affecting the
merits and the right settlement thereof and may do all such things as it thinks fit for the purpose of
inducing the parties to come to a fair and amicable settlement of the dispute.
(2) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the
conciliation proceedings, the Board shall send a report thereof to the appropriate Government together
with a memorandum of the settlement signed by the parties to the dispute.
(3) If no such settlement is arrived at, the Board shall, as soon as practicable after the close of the
investigation, send to the appropriate Government a full report setting forth the proceedings and steps
taken by the Board for ascertaining the facts and circumstances relating to the dispute and for bringing
about a settlement thereof, together with a full statement of such facts and circumstances, its findings
thereon, the reasons on account of which, in its opinion, a settlement could not be arrived at and its
recommendations for the determination of the dispute.
(4) If, on the receipt of a report under sub-section (3) in respect of a dispute relating to a public utility
service, the appropriate Government does not make a reference to a [3][Labour Court, Tribunal or National
Tribunal] under section 10, it shall record and communicate to the parties concerned its reasons therefor.
(5) The Board shall submit its report under this section within two months of the date [4][on which the
dispute was referred to it] or within such shorter period as may be fixed by the appropriate Government:
Provided that the appropriate Government may from time to time extend the time for the submission
of the report by such further periods not exceeding two months in the aggregate:
Provided further that the time for the submission of the report may be extended by such period as may
be agreed on in writing by all the parties to the dispute.
**14. Duties of Courts.—A Court shall inquire into the matters referred to it and report thereon to the**
appropriate Government ordinarily within a period of six months from the commencement of its inquiry.
5[15. Duties of Labour Courts, Tribunals and National Tribunals.—Where an industrial dispute
has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, it shall hold its
proceedings expeditiously and shall, [6][within the period specified in the order referring such industrial
dispute or the further period extended under the second proviso to sub-section (2A) of section 10], submit
its award to the appropriate Government.
**16. Form of report or award.—(1) The report of a Board or Court shall be in writing and shall be**
signed by all the members of the Board or Court, as the case may be:
Provided that nothing in this section shall be deemed to prevent any member of the Board or Court
from recording any minute of dissent from a report or from any recommendation made therein.
1. Ins. by Act 36 of 1956, s. 10 (w.e.f. 17-9-1956).
2. Ins. by Act 36 of 1964, s. 8 (w.e.f. 19-12-1964).
3. Subs. by Act 36 of 1956, s. 11, for “Tribunal” (w.e.f. 10-3-1957).
4. Subs. by Act 40 of 1951, s. 6, for “of the notice under section 22”.
5. Subs. by Act 36 of 1956, s. 12, for sections 15, 16, 17 and 17A (w.e.f. 10-3-1957).
6. Subs. by Act 46 of 1982, s. 10, for certain words (w.e.f. 21-8-1984).
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(2) The award of a Labour Court or Tribunal or National Tribunal shall be in writing and shall be
signed by its presiding officer.
**17. Publication of reports and awards.—(1) Every report of a Board or Court together with any**
minute of dissent recorded therewith, every arbitration award and every award of a Labour Court,
Tribunal or National Tribunal shall, within a period of thirty days from the date of its receipt by the
appropriate Government, be published in such manner as the appropriate Government thinks fit.
(2) Subject to the provisions of section 17A, the award published under sub-section (1) shall be final
and shall not be called in question by any Court in any manner whatsoever.
**17A. Commencement of the award.—(1) An award (including an arbitration award) shall become**
enforceable on the expiry of thirty days from the date of its publication under section 17:
Provided that—
(a) if the appropriate Government is of opinion, in any case where the award has been given by a
Labour Court or Tribunal in relation to an industrial dispute to which it is a party; or
(b) if the Central Government is of opinion, in any case where the award has been given by a
National Tribunal,
that it will be inexpedient on public grounds affecting national economy or social justice to give effect to
the whole or any part of the award, the appropriate Government, or as the case may be, the Central
Government may, by notification in the Official Gazette, declare that the award shall not become
enforceable on the expiry of the said period of thirty days.
(2) Where any declaration has been made in relation to an award under the proviso to sub-section (1),
the appropriate Government or the Central Government may, within ninety days from the date of
publication of the award under section 17, make an order rejecting or modifying the award, and shall, on
the first available opportunity, lay the award together with a copy of the order before the Legislature of
the State, if the order has been made by a State Government, or before Parliament, if the order has been
made by the Central Government.
(3) Where any award as rejected or modified by an order made under sub-section (2) is laid before the
Legislature of a State or before Parliament, such award shall become enforceable on the expiry of fifteen
days from the date on which it is so laid; and where no order under sub-section (2) is made in pursuance
of a declaration under the proviso to sub-section (1), the award shall become enforceable on the expiry of
the period of ninety days referred to in sub-section (2).
(4) Subject to the provisions of sub-section (1) and sub-section (3) regarding the enforceability of an
award, the award shall come into operation with effect from such date as may be specified therein, but
where no date is so specified, it shall come into operation on the date when the award becomes
enforceable under sub-section (1) or sub- section (3), as the case may be.]
1[17B. Payment of full wages to workman pending proceedings in higher courts.—Where in any
case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman
and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the
employer shall be liable to pay such workman, during the period of pendency of such proceedings in the
High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance
admissible to him under any rule if the workman had not been employed in any establishment during such
period and an affidavit by such workman had been filed to that effect in such Court:
Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such
workman had been employed and had been receiving adequate remuneration during any such period or
part thereof, the Court shall order that no wages shall be payable under this section for such period or
part, as the case may be.]
**18. Persons on whom settlements and awards are binding.—[2][(1) A settlement arrived at by**
agreement between the employer and workman otherwise than in the course of conciliation proceeding
shall be binding on the parties to the agreement.
1. Ins. by Act 46 of 1982, s. 11 (w.e.f. 21-8-1984).
2. Ins. by Act 36 of 1956, s. 13 (w.e.f. 7-10-1956).
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(2) [1][Subject to the provisions of sub-section (3), an arbitration award] which has become enforceable
shall be binding on the parties to the agreement who referred the dispute to arbitration.]
2[(3)] A settlement arrived at in the course of conciliation proceedings under this Act 3[or an
arbitration award in a case where a notification has been issued under sub-section (3A) of section 10A] or
4[an award 5[of a Labour Court, Tribunal or National Tribunal] which has become enforceable] shall be
binding on—
(a) all parties to the industrial dispute;
(b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the
Board, [6][arbitrator,] [7][Labour Court, Tribunal or National Tribunal], as the case may be, records the
opinion that they were so summoned without proper cause;
(c) where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or
assigns in respect of the establishment to which the dispute relates;
(d) where a party referred to in clause (a) or clause (b) is composed of workmen, all persons who
were employed in the establishment or part of the establishment, as the case may be, to which the
dispute relates on the date of the dispute and all persons who subsequently become employed in that
establishment or part.
**19. Period of operation of settlements and awards.—(1) A settlement** [8]*** shall come into
operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the
date on which the memorandum of the settlement is signed by the parties to the dispute.
(2) Such settlement shall be binding for such period as is agreed upon by the parties, and if no such
period is agreed upon, for a period of six months [9][from the date on which the memorandum of settlement
is signed by the parties to the dispute], and shall continue to be binding on the parties after the expiry of
the period aforesaid, until the expiry of two months from the date on which a notice in writing of an
intention to terminate the settlement is given by one of the parties to the other party or parties to the
settlement.
10[(3) An award shall, subject to the provisions of this section, remain in operation for a period of one
year [11][from the date on which the award becomes enforceable under section 17A]:
Provided that the appropriate Government may reduce the said period and fix such period as it thinks
fit:
Provided further that the appropriate Government may, before the expiry of the said period, extend
the period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the
total period of operation of any award does not exceed three years from the date on which it came into
operation.
(4) Where the appropriate Government, whether of its own motion or on the application of any party
bound by the award, considers that since the award was made, there has been a material change in the
circumstances on which it was based, the appropriate Government may refer the award or a part of it [12][to
a Labour Court, if the award was that of a Labour Court or to a Tribunal, if the award was that of a
Tribunal or of a National Tribunal] for decision whether the period of operation should not, by reason of
1. Subs. by Act 36 of 1964, s. 9, for “An arbitration award” (w.e.f. 19-12-1964).
2. Section 18 re-numbered as sub-section (3) of that section by Act 36 of 1956, s. 13 (w.e.f. 7-10-1956).
3. Ins. by Act 36 of 1964, s. 9 (w.e.f. 19-12-1964).
4. Subs. by Act 48 of 1950, s. 34 and the Schedule, for “an award which is declared by the appropriate Government to be binding
under sub-section (2) of section 15”.
5. Ins. by Act 36 of 1956, s. 13 (w.e.f. 10-3-1957).
6. Ins. by Act 36 of 1964, s. 9 (w.e.f. 19-12-1964).
7. Subs. by Act 36 of 1956, s. 13, for “or Tribunal” (w.e.f. 10-3-1957).
8. The words “arrived at in the course of a conciliation proceeding under this Act” omitted by Act 36 of 1956, s. 14
(w.e.f. 7-10-1956).
9. Ins. by s. 14, ibid. (w.e.f. 7-10-1956).
10. Subs. by Act 48 of 1950, s. 34 and the Schedule, for sub-section (3).
11. Ins. by Act 36 of 1956, s. 14 (w.e.f. 17-9-1956).
12. Subs. by s. 14, ibid., for “to a Tribunal” (w.e.f. 10-3-1957).
33
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such change, be shortened and the decision of [1][Labour Court or the Tribunal, as the case may be] on such
reference shall, [2]*** be final.
(5) Nothing contained in sub-section (3) shall apply to any award which by its nature, terms or other
circumstances does not impose, after it has been given effect to, any continuing obligation on the parties
bound by the award.
(6) Notwithstanding the expiry of the period of operation under sub-section (3), the award shall
continue to be binding on the parties until a period of two months has elapsed from the date on which
notice is given by any party bound by the award to the other party or parties intimating its intention to
terminate the award.
3[(7) No notice given under sub-section (2) or sub-section (6) shall have effect, unless it is given by a
party representing the majority of persons bound by the settlement or award, as the case may be.]]
**20. Commencement and conclusion of proceedings.—(1) A conciliation proceeding shall be**
deemed to have commenced on the date on which a notice of strike or lock-out under section 22 is
received by the conciliation officer or on the date of the order referring the dispute to a Board, as the case
may be.
(2) A conciliation proceeding shall be deemed to have concluded—
(a) where a settlement is arrived at, when a memorandum of the settlement is signed by the
parties to the dispute;
(b) where no settlement is arrived at, when the report of the conciliation officer is received by the
appropriate Government or when the report of the Board is published under section 17, as the case
may be; or
(c) when a reference is made to a Court, [4][Labour Court, Tribunal or National Tribunal] under
section 10 during the pendency of conciliation proceedings.
(3) Proceedings [5][before an arbitrator under section 10A or before a Labour Court, Tribunal or
National Tribunal] shall be deemed to have commenced on the date or the [6][reference of the dispute for
arbitration or adjudication, as the case may be] and such proceedings shall be deemed to have concluded
7[on the date on which the award becomes enforceable under section 17A].
**21. Certain matters to be kept confidential.—There shall not be included in any report or award**
under this Act any information obtained by a conciliation officer, Board, Court, [8][Labour Court, Tribunal,
National Tribunal or an arbitrator] in the course of any investigation or inquiry as to a trade union or as to
any individual business (whether carried on by a person, firm or company) which is not available
otherwise than through the evidence given before such officer, Board, Court, [6][Labour Court, Tribunal,
National Tribunal or an arbitrator], if the trade union, person, firm or company, in question has made a
request in writing to the conciliation officer, Board, Court, [6][Labour Court, Tribunal, National Tribunal or
an arbitrator], as the case may be, that such information shall be treated as confidential; nor shall such
conciliation officer or any individual member of the Board, [9][or Court or the presiding officer of the
Labour Court, Tribunal or National Tribunal or the arbitrator] or any person present at or concerned in the
proceedings disclose any such information without the consent in writing of the secretary of the trade
union or the person, firm or company in question, as the case may be:
Provided that nothing contained in this section shall apply to a disclosure of any such information for
the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860).
1. Subs. by Act 36 of 1956, s. 14, for “the Tribunal” (w.e.f. 10-3-1957).
2. The words “subject to the provision for appeal omitted by s. 14, ibid. (w.e.f. 10-3-1957).
3. Ins. by Act 36 of 1964, s. 10 (w.e.f. 19-12-1964).
4. Subs. by Act 36 of 1956, s. 15, for “or Tribunal” (w.e.f. 10-3-1957).
5. Subs. by s. 15, ibid., for “before a Tribunal” (w.e.f. 10-3-1957).
6. Subs. by s. 15, ibid., for “reference of a dispute for adjudication” (w.e.f. 10-3-1957).
7. Subs. by Act 18 of 1952, s. 4, for certain words.
8. Subs. by Act 36 of 1956, s. 16, for “or Tribunal” (w.e.f. 10-3-1957).
9. Subs. by s. 16, ibid., for “Court or Tribunal” (w.e.f. 10-3-1957).
34
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CHAPTER V
STRIKES AND LOCK-OUTS
**22. Prohibition of strikes and lock-outs.—(1) No person employed in a public utility service shall**
go on strike in breach of contract—
(a) without giving to the employer notice of strike, as hereinafter provided, within six weeks
before striking; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of strike specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven
days after the conclusion of such proceedings.
(2) No employer carrying on any public utility service shall lock-out any of his workmen—
(a) without giving them notice of lock-out as hereinafter provided, within six weeks before
locking out; or
(b) within fourteen days of giving such notice; or
(c) before the expiry the date of lock-out specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven
days after the conclusion of such proceedings.
(3) The notice of lock-out or strike under this section shall not be necessary where there is already in
existence a strike or, as the case may be, lock-out in the public utility service, but the employer shall send
intimation of such lock-out or strike on the day on which it is declared, to such authority as may be
specified by the appropriate Government either generally or for a particular area or for a particular class
of public utility services.
(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such
person or persons and in such manner as may be prescribed.
(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be
prescribed.
(6) If on any day an employer receives from any persons employed by him any such notices as are
referred to in sub-section (1) or gives to any persons employed by him any such notices as are referred to
in sub-section (2), he shall within five days thereof report to the appropriate Government or to such
authority as that Government may prescribe the number of such notices received or given on that day.
**23. General prohibition of strikes and lock-outs.—No workman who is employed in any industrial**
establishment shall go on strike in breach of contract and no employer of any such workman shall declare
a lock-out—
(a) during the pendency of conciliation proceedings before a Board and seven days after the
conclusion of such proceedings;
(b) during the pendency of proceedings before [1][a Labour Court, Tribunal or National Tribunal]
and two months after the conclusion of such proceedings; [2]***
3[(bb) during the pendency of arbitration proceedings before an arbitrator and two months after
the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of
section 10A; or]
(c) during any period in which a settlement or award is in operation, in respect of any of the
matters covered by the settlement or award.
1. Subs. by Act 36 of 1956, s. 17, for “a Tribunal” (w.e.f. 10-3-1957).
2. The word “or” omitted by Act 36 of 1964, s. 11 (w.e.f. 19-12-1964).
3. Ins. by s. 11, ibid. (w.e.f. 19-12-1964).
35
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**24. Illegal strikes and lock-outs.—(1) A strike or a lock-out shall be illegal if—**
(i) it is commenced or declared in contravention of section 22 or section 23; or
(ii) it is continued in contravention of an order made under sub-section (3) of section 10 [1][or
sub-section (4A) of section 10A].
(2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in
existence at the time of the reference of the dispute to a Board, [4][an arbitrator, a] [2][Labour Court, Tribunal
or National Tribunal], the continuance of such strike or lock-out shall not be deemed to be illegal,
provided that such strike or lock-out was not at its commencement in contravention of the provisions of
this Act or the continuance thereof was not prohibited under sub-section (3) of section 10 [4][or sub-section
(4A) of section 10A].
(3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an
illegal lock-out shall not be deemed to be illegal.
**25. Prohibition of financial aid to illegal strikes and lock-outs.—No person shall knowingly**
expend or apply any money in direct furtherance of support of any illegal strike or lock-out.
3[CHAPTER VA
LAY-OFF AND RETRENCHMENT
**25A. Application of sections 25C to 25E.—(1) Sections 25C to 25E inclusive** [4][shall not apply to
industrial establishments to which Chapter VB applies, or—]
(a) to industrial establishments in which less than fifty workmen on an average per working day
have been employed in the preceding calendar month; or
(b) to industrial establishments which are of a seasonal character or in which work is performed
only intermittently.
(2) If a question arises whether an industrial establishment is of a seasonal character or whether work
is performed therein only intermittently, the decision of the appropriate Government thereon shall be
final.
5[Explanation.—In this section and in sections 25C, 25D and 25E, “industrial establishment”
means—
(i) a factory as defined in clause (m) of section 2 of the Factories Act 1948 (63 of 1948); or
(ii) a mine as defined in clause (i) of section 2 of the Mines Act, 1952 (35 of 1952); or
(iii) a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951
(69 of 1951).]
6[25B. Definition of continuous service.—For the purposes of this Chapter,—
(1) a workman shall be said to be in continuous service for a period if he is, for that period, in
uninterrupted service, including service which may be interrupted on account of sickness or
authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work
which is not due to any fault on the part of the workman;
(2) where a workman is not in continuous service within the meaning of clause (1) for a period of
one year or six months, he shall be deemed to be in continuous service under an employer—
1. Ins. by Act 36 of 1964, s. 12 (w.e.f. 19-12-1964).
2. Subs. by Act 36 of 1956, s. 18, for “or Tribunal” (w.e.f. 10-3-1957).
3. Ins. by Act 43 of 1953, s. 3 (w.e.f. 24-10-1953).
4. Subs. by Act 32 of 1976, s. 2, for “shall not apply-” (w.e.f. 5-3-1976).
5. Subs. by Act 48 of 1954, s. 2, for the Explanation (w.e.f. 1-4-1954).
6. Subs. by Act 36 of 1964, s. 13, for section 25B (w.e.f. 19-12-1964).
36
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(a) for a period of one year, if the workman, during a period of twelve calendar months
preceding the date with reference to which calculation is to be made, has actually worked under
the employer for not less than—
(i) one hundred and ninety days in the case of a workman employed below ground in a
mine; and
(ii) two hundred and forty days, in any other case;
(b) for a period of six months, if the workman, during a period of six calendar months
preceding the date with reference to which calculation is to be made, has actually worked under
the employer for not less than—
(i) ninety-five days, in the case of a workman employed below ground in a mine; and
(ii) one hundred and twenty days, in any other case.
_Explanation.—For the purposes of clause (2), the number of days on which a workman has_
actually worked under an employer shall include the days on which—
(i) he has been laid-off under an agreement or as permitted by standing orders made under the
Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under this Act or under any
other law applicable to the industrial establishment;
(ii) he has been on leave with full wages, earned in the previous years;
(iii) he has been absent due to temporary disablement caused by accident arising out of and in
the course of his employment; and
(iv) in the case of a female, she has been on maternity leave; so, however, that the total period
of such maternity leave does not exceed twelve weeks.]
1[25C. Right of workmen laid-off for compensation.—Whenever a workman (other than a _badli_
workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment
and who has completed not less than one year of continuous service under an employer is laid-off,
whether continuously or intermittently, he shall be paid by the employer for all days during which he is so
laid-off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per
cent. of the total of the basic wages and dearness allowance that would have been payable to him had he
not been so laid-off:
Provided that if during any period of twelve months, a workman is so laid-off for more than forty-five
days, no such compensation shall be payable in respect of any period of the lay-off after the expiry of the
first forty-five days, if there is an agreement to that effect between the workman and the employer:
Provided further that it shall be lawful for the employer in any case falling within the foregoing
proviso to retrench the workman in accordance with the provisions contained in section 25F at any time
after the expiry of the first forty-five days of the lay-off and when he does so, any compensation paid to
the workman for having been laid-off during the preceding twelve months may be set off against the
compensation payable for retrenchment.
_Explanation.—”Badli workman” means a workman who is employed in an industrial establishment in_
the place of another workman whose name is borne on the muster rolls of the establishment, but shall
cease to be regarded as such for the purposes of this section, if he has completed one year of continuous
service in the establishment.]
**25D. Duty of an employer to maintain muster rolls of workmen.—Notwithstanding that workmen**
in any industrial establishment have been laid-off, it shall be the duty of every employer to maintain for
the purposes of this Chapter a muster roll and to provide for the making of entries therein by workmen
who may present themselves for work at the establishment at the appointed time during normal working
hours.
1. Subs. by Act 35 of 1965, s. 5, for section 25C (w.e.f. 1-12-1965).
37
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**25E. Workmen not entitled to compensation in certain cases.—No compensation shall be paid to a**
workman who has been laid-off—
(i) if he refuses to accept any alternative employment in the same establishment from which he
has been laid-off, or in any other establishment belonging to the same employer situate in the same
town or village or situate within a radius of five miles from the establishment to which he belongs, if,
in the opinion of the employer, such alternative employment does not call for any special skill or
previous experience and can be done by the workman, provided that the wages which would normally
have been paid to the workman are offered for the alternative employment also;
(ii) if he does not present himself for work at the establishment at the appointed time during
normal working hours at least once a day;
(iii) if such laying-off is due to a strike or slowing-down of production on the part of workmen in
another part of the establishment.
**25F. Conditions precedent to retrenchment of workmen.—No workman employed in any industry**
who has been in continuous service for not less than one year under an employer shall be retrenched by
that employer until—
(a) the workman has been given one month’s notice in writing indicating the reasons for
retrenchment and the period of notice has expired, or the workman has been paid in lieu of such
notice, wages for the period of the notice;
1* - - -
(b) the workman has been paid, at the time of retrenchment, compensation which shall be
equivalent to fifteen days' average pay [2][for every completed year of continuous service] or any part
thereof in excess of six months; and
(c) notice in the prescribed manner is served on the appropriate Government [3][or such authority
as may be specified by the appropriate Government by notification in the Official Gazette].
**STATE AMENDMENT**
**Union Territory of Jammu and Kashmir and Ladakh**
**Section 25F.—In clause (b), for "fifteen days", substitute "thirty days"**
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second
Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and _Vide Union Territory of Ladakh_
Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated
(23-10-2020).]
4[25FF. Compensation to workmen in case of transfer of undertakings.—Where the ownership or
management of an undertaking is transferred, whether by agreement or by operation of law, from the
employer in relation to that undertaking to a new employer, every workman who has been in continuous
service for not less than one year in that undertaking immediately before such transfer shall be entitled to
notice and compensation in accordance with the provisions of section 25F, as if the workman had been
retrenched:
Provided that nothing in this section shall apply to a workman in any case where there has been a
change of employers by reason of the transfer, if—
(a) the service of the workman has not been interrupted by such transfer;
1. The proviso omitted by Act 49 of 1984, s. 3 (w.e.f. 18-8-1984).
2. Subs. by Act 36 of 1964, s. 14, for “for every completed year of service” (w.e.f. 19-12-1964).
3. Ins. by s. 14, ibid. (w.e.f. 19-12-1964).
4. Subs. by Act 18 of 1957, s. 3, for section 25FF (w.e.f. 28-11-1956).
38
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(b) the terms and conditions of service applicable to the workman after such transfer are not in
any way less favourable to the workman than those applicable to him immediately before the transfer;
and
(c) the new employer is, under the terms of such transfer or otherwise, legally liable to pay to the
workman, in the event of his retrenchment, compensation on the basis that his service has been
continuous and has not been interrupted by the transfer.
1[25FFA. Sixty days’ notice to be given of intention to close down any undertaking.—(1) An
employer who intends to close down an undertaking shall serve, at least sixty days before the date on
which the intended closure is to become effective, a notice, in the prescribed manner, on the appropriate
Government stating clearly the reasons for the intended closure of the undertaking:
Provided that nothing in this section shall apply to—
(a) an undertaking in which—
(i) less than fifty workmen are employed, or
(ii) less than fifty workmen were employed on an average per working day in the preceding
twelve months,
(b) an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for
other construction work or project.
(2) Notwithstanding anything contained in sub-section (1), the appropriate Government may, if it is
satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the
employer or the like it is necessary so to do, by order, direct that provisions of sub-section (1) shall not
apply in relation to such undertaking for such period as may be specified in the order.]
**25FFF. Compensation to workmen in case of closing down of undertakings.—(1) Where an**
undertaking is closed down for any reason whatsoever, every workman who has been in continuous
service for not less than one year in that undertaking immediately before such closure shall, subject to the
provisions of sub-section (2), be entitled to notice and compensation in accordance with the provisions of
section 25F, as if the workman had been retrenched:
Provided that where the undertaking is closed down on account of unavoidable circumstances beyond
the control of the employer, the compensation to be paid to the workman under clause (b) of section 25F
shall not exceed his average pay for three months.
2[Explanation.—An undertaking which is closed down by reason merely of—
(i) financial difficulties (including financial losses); or
(ii) accumulation of undisposed of stocks; or
(iii) the expiry of the period of the lease or licence granted to it; or
(iv) in a case where the undertaking is engaged in mining operations, exhaustion of the minerals
in the area in which such operations are carried on;
shall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the
employer within the meaning of the proviso to this sub-section.]
3[(1A) Notwithstanding anything contained in sub-section (1), where an undertaking engaged in
mining operations is closed down by reason merely of exhaustion of the minerals in the area in which
such operations are carried on, no workman referred to in that sub-section shall be entitled to any notice
or compensation in accordance with the provisions of section 25F, if—
(a) the employer provides the workman with alternative employment with effect from the date of
closure at the same remuneration as he was entitled to receive, and on the same terms and conditions
of service as were applicable to him, immediately before the closure;
(b) the service of the workman has not been interrupted by such alternative employment; and
(c) the employer is, under the terms of such alternative employment or otherwise, legally liable to
pay to the workman, in the event of his retrenchment, compensation on the basis that his service has
been continuous and has not been interrupted by such alternative employment.
1. Ins. by Act 32 of 1972, s. 2.
2. Subs. by Act 45 of 1971, s. 4, for the Explanation (w.e.f. 15-12-1971).
3. Ins. by s. 4, ibid. (w.e.f. 15-12-1971).
39
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(1B) For the purposes of sub-sections (1) and (1A), the expressions “minerals” and “mining
operations” shall have the meanings respectively assigned to them in clauses (a) and (d) of section 3 of
the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957).]
(2) Where any undertaking set-up for the construction of buildings, bridges, roads, canals, dams or
other construction work is closed down on account of the completion of the work within two years from
the date on which the undertaking had been set-up, no workman employed therein shall be entitled to any
compensation under clause (b) of section 25F, but if the construction work is not so completed within two
years, he shall be entitled to notice and compensation under that section for every [1][completed year of
continuous service] or any part thereof in excess of six months.]
**25G. Procedure for retrenchment.—Where any workman in an industrial establishment, who is a**
citizen of India, is to be retrenched and he belongs to a particular category of workmen in that
establishment, in the absence of any agreement between the employer and the workman in this behalf, the
employer shall ordinarily retrench the workman who was the last person to be employed in that category,
unless for reasons to be recorded the employer retrenches any other workman.
**25H. Re-employment of retrenched workmen.—Where any workmen are retrenched, and the**
employer proposes to take into his employ any persons, he shall, in such manner as may be prescribed,
give an opportunity [2][to the retrenched workmen who are citizens of India to offer themselves for reemployment and such retrenched workman] who offer themselves for re-employment shall have
preference over other persons.
**25-I. [Recovery of moneys due from employres under this chapter.] Rep. by the Industrial Disputes**
_(Amendment and Miscellaneous Provisions) Act, 1956_ (36 of 1956), s. 19 (w.e.f. 10-3-1957).
**25J. Effect of laws inconsistent with this Chapter.—(1) The provisions of this Chapter shall have**
effect notwithstanding anything inconsistent therewith contained in any other law [including standing
orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946)]:
3[Provided that where under the provisions of any other Act or rules, orders or notifications issued
thereunder or under any standing orders or under any award, contract of service or otherwise, a workman
is entitled to benefits in respect of any matter which are more favourable to him than those to which he
would be entitled under this Act, the workman shall continue to be entitled to the more favourable
benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters
under this Act.]
(2) For the removal of doubts, it is hereby declared that nothing contained in this Chapter shall be
deemed to affect the provisions of any other law for the time being in force in any State in so far as that
law provides for the settlement of industrial disputes, but the rights and liabilities of employers and
workmen in so far as they relate to lay-off and retrenchment shall be determined in accordance with the
provisions of this Chapter.]
4[CHAPTER VB
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN
ESTABLISHMENTS
**25K. Application of Chapter VB.—(1) The provisions of this Chapter shall apply to an industrial**
establishment (not being an establishment of a seasonal character or in which work is performed only
intermittently) in which not less than [5][one hundred] workmen were employed on an average per working
day for the preceding twelve months.
(2) If a question arises whether an industrial establishment is of a seasonal character or whether work
is performed therein only intermittently, the decision of the appropriate Government thereon shall be
final.
1. Subs. by Act 36 of 1964, s. 15, for “completed year of service” (w.e.f. 19-12-1964).
2. Subs. by s. 16, ibid., for certain words (w.e.f. 19-12-1964).
3. Subs. by Act 36 of 1964, s. 17, for the proviso (w.e.f. 19-12-1964).
4. Ins. by Act 32 of 1976, s. 2 (w.e.f. 5-3-1976).
5. Subs. by Act 46 of 1982, s. 12, for “three hundred” (w.e.f. 21-8-1984).
40
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**STATE AMENDMENT**
**Andhra Pradesh**
**In Section 25K**
The following shall be substituted, namely:—
“25-K.Application of Chapter V-B:—(1) The provisions of this chapter shall apply to an industrial
establishment (not being an establishment of a seasonal character or in which work is performed only
intermittently) in which not less than three hundred workmen were employed on an average per working
day for the preceding twelve months.
(2) Without prejudice to the provisions of sub-section (1), the State Government, may, if satisfied that
maintenance of industrial peace or prevention of victimization of workmen so requires, by notification in
the official gazette apply the provisions of this chapter to an industrial establishment (not being an
establishment of a seasonal character or in which work is performed only intermittently) in which such
number of workmen which may be less than three hundred but not less than one hundred, as may be
specified in the notification, were employed on an average per working day for the preceding twelve
months.
(3) If a question arises whether an industrial establishment is of a seasonal character or whether work
is performed therein only intermittently, the decision of the State Government thereon shall be final.”
[Vide Andhra Pradesh 12 of 2015, s. 3]
**Assam**
**Amendment of section 25K.-In the principal Act, in section 25K, for the words “one hundred”,**
appearing in between the words “than” and “workmen”, the words
three hundred” shall be substituted.
[Vide Assam Act 22 of 2018, s. 2]
**Karnataka**
**Amendment of section 25K.—In section 25K of the principal Act, after sub-section (1), the**
following sub-section shall be inserted, namely:—
“(1A) Notwithstanding anything contained in sub-section (1) the State Government may, from time to
time by notification in the official gazette, apply the provisions of section 25-O and section 25-R in so far,
as they relate to contravention of sub-section (2) of section 25-O, also to an industrial establishment of a
seasonal character or in which work is performed only intermittently in which not less than one hundred
workmen were employed on an average per working day for the preceding twelve months.”
[Vide the Karnataka Act 5 of 1988, s. 5]
**Orissa**
**Amendment of section 25K.—In section 25K of the Industrial Disputes Act, 1947 (14 of 1947)**
(hereinafter referred to as the principal Act), in sub-section (1), for the words “three hundred”, the words
“one hundred” shall be substituted.
[Vide the Orissa Act 6 of 1983, s. 2]
**Union Territory of Jammu and Kashmir and Ladakh**
**Section 25K.--In sub-section (1), for "one hundred", substitute "three hundred".**
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second
Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and _Vide Union Territory of Ladakh_
Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated
(23-10-2020).
**Rajasthan**
**Amendment of section 25-k, Central Act No. 14 of 1947.- After sub-section (1) of section 25-k of**
the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947), hereinafter referred to as the principle
Act, the following new sub-section shall be inserted, namely:
“(1-A) Without prejudice to the provisions contained in sub section (1), the State Government
may, if satisfied that maintenance of industrial peace or prevention of vietimisation of workmen so
41
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requires, by notification in the Official Gazette, apply the provisions of this Chapter to an industrial
establishment (not being an establishment of a seasonal character or in which work is performed only
intermittently) in which such number of workmen, which may be less than three hundred but not less
than one hundred as may be specified in the notification, were employed on an average per working
day for the preceding twelve months.”
[Vide Rajasthan Act 8 of 1984, s.2]
**Rajasthan**
**Amendment of section 25K, Central Act No. 14 of 1947.- For the existing section 25K of the principal**
Act, the following shall be substituted, namely:
“25K. Application of Chapter VB.- (1) The provisions of this Chapter shall apply to an
industrial establishment (not being an establishment of a seasonal character or in which work is
performed only intermittently) in which not less than three hundred workmen were employed on an
average per working day for the preceding twelve months.
(2) Without prejudice to the provisions of sub-section (1), the State Government may, if satisfied
that maintenance of industrial peace or prevention of victimization of workmen so requires, by
notification in the Official Gazette apply the provisions of this Chapter to an industrial establishment,
(not being an establishment of a seasonal character or in which work is performed only intermittently)
in which such number of workmen which may be less than three hundred but not less than one
hundred, as may be specified in the notification, were employed on an average per working day for
the preceding twelve months.
(3) If a question arises whether an industrial establishment is of a seasonal character or whether
work is performed therein only intermittently, the decision of the appropriate Government thereon
shall be final.”.
[Vide Rajasthan Act 21 of 2014, s. 7]
**Gujarat**
**Amendment of section 25K of XIV of 1947.—In the Industrial Disputes Act, 1947 (XIV of 1947),**
in its application to the State of Gujarat (hereinafter referred to as “the principal Act”), in section 25K,-
(i) in sub-section (1), for the words “one hundred”, the words “three hundred” shall be
substituted;
(ii) after sub-section (1), the following sub-section shall be inserted, namely:
“(1A) Without prejudice to the provisions of sub-section (1), the State Government may, if
satisfied that the maintenance of industrial peace or prevention of victimization of workmen so
requires, by notification in the _Official Gazette, apply the provision of this Chapter to an_
industrial establishment (not being an establishment of a seasonal character or in which work is
performed only intermittently) in which such number of workmen which may be less than three
hundred but not less than one hundred, as may be specified in the notification, were employed on
an average per working day for the preceding twelve months.”.
[Vide Gujarat Act 1 of 2021, s. 2]
**25L. Definitions.—For the purposes of this Chapter,—**
(a) “industrial establishment” means—
(i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);
(ii) a mine as defined in clause (i) of sub- section (1) of section 2 of the Mines Act, 1952
(35 of 1952); or
(iii) a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951
(69 of 1951);
(b) notwithstanding anything contained in sub-clause (ii) of clause (a) of section 2,—
(i) in relation to any company in which not less than fifty-one per cent. of the paid-up share
capital is held by the Central Government, or
42
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(ii) in relation to any corporation [not being a corporation referred to in sub-clause (i) of
clause (a) of section 2] established by or under any law made by Parliament, the Central
Government shall be the appropriate Government.
**Rajasthan**
**Amendment of section 25-L, Central Act No. 14 of 1947.---In clause (b) of section 25-L of the**
principle Act, for the expression “the Central Government shall be the appropriate Government”, the
expression “the State Government shall have no powers under his this Chapter” shall be substituted.
[Vide Rajasthan Act 8 of 1984, s. 3]
**25M. Prohibition of lay-off.—(1) No workman (other than a badli workman or a casual workman)**
whose name is borne on the muster rolls of an industrial establishment to which this Chapter applies shall
be laid-off by his employer except [1][with the prior permission of the appropriate Government or such
authority as may be specified by that Government by notification in the Official Gazette (hereafter in this
section referred to as the specified authority), obtained on an application made in this behalf, unless such
lay-off is due to shortage of power or to natural calamity, and in the case of a mine, such lay-off is due
also to fire, flood, excess of inflammable gas or explosion].
2[(2) An application for permission under sub-section (1) shall be made by the employer in the
prescribed manner stating clearly the reasons for the intended lay-off and a copy of such application shall
also be served simultaneously on the workmen concerned in the prescribed manner.
(3) Where the workman (other than _badli workmen or casual workmen) of an industrial_
establishment, being a mine, have been laid-off under sub-section (1) for reasons of fire, flood or excess
of inflammable gas or explosion, the employer, in relation to such establishment, shall, within a period of
thirty days from the date of commencement of such lay-off, apply, in the prescribed manner, to the
appropriate Government or the specified authority for permission to continue the lay-off.
(4) Where an application for permission under sub-section (1) or sub-section (3) has been made, the
appropriate Government or the specified authority, after making such enquiry as it thinks fit and after
giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons
interested in such lay-off, may, having regard to the genuineness and adequacy of the reasons for such
lay-off, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded
in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the
employer and the workmen.
(5) Where an application for permission under sub-section (1) or sub-section (3) has been made and
the appropriate Government or the specified authority does not communicate the order granting or
refusing to grant permission to the employer within a period of sixty days from the date on which such
application is made, the permission applied for shall be deemed to have been granted on the expiration of
the said period of sixty days.
(6) An order of the appropriate Government or the specified authority granting or refusing to grant
permission shall, subject to the provisions of sub-section (7), be final and binding on all the parties
concerned and shall remain in force for one year from the date of such order.
(7) The appropriate Government or the specified authority may, either on its own motion or on the
application made by the employer or any workman, review its order granting or refusing to grant
permission under sub-section (4) or refer the matter or, as the case may be, cause it to be referred, to a
Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an
award within a period of thirty days from the date of such reference.
(8) Where no application for permission under sub-section (1) is made, or where no application for
permission under sub-section (3) is made within the period specified therein, or where the permission for
any lay-off has been refused, such lay-off shall be deemed to be illegal from the date on which the
1. Subs. by Act 49 of 1984, s. 4, for certain words (w.e.f. 18-8-1984).
2. Subs. by Act 49 of 1984, s. 4, for sub-sections (2) to (5) (w.e.f. 18-8-1984).
43
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workmen had been laid-off and the workmen shall be entitled to all the benefits under any law for the
time being in force as if they had not been laid-off.
(9) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate
Government may, if it is satisfied that owing to such exceptional circumstances as accident in the
establishment or death of the employer or the like, it is necessary so to do, by order, direct that the
provisions of sub-section (1), or, as the case may be, sub-section (3) shall not apply in relation to such
establishment for such period as may be specified in the order.]
1[(10)] The provisions of section 25C (other than the second proviso thereto) shall apply to cases of
lay-off referred to in this section.
_Explanation.—For the purposes of this section, a workman shall not be deemed to be laid-off by an_
employer if such employer offers any alternative employment (which in the opinion of the employer does
not call for any special skill or previous experience and can be done by the workman) in the same
establishment from which he has been laid-off or in any other establishment belonging to the same
employer, situate in the same town or village, or situate within such distance from the establishment to
which he belongs that the transfer will not involve undue hardship to the workman having regard to the
facts and circumstances of his case, provided that the wages which would normally have been paid to the
workman are offered for the alternative appointment also.
**STATE AMENDMENT**
**Rajasthan**
**Amendment of section 25-M, Central Act No. 14 of 1947.- In section 25-M of the principle Act,-**
(a) in sub-section (1), between the expression “this Chapter applies” and the expression “shall be
laid off", the expression “or is applied under sub-section (1-A) of section 25-k” shall be inserted and
for the expression “apropriate Government”, the expression “State Government" shall be substituted;
(b) in sub-section (2), for the expression “(Amendment) Act, 1976” the expression “(Rajasthan
Amendment) Act, 1984” shall be substituted;
(c) for the existing sub-section (3), the following sub-sections shall be substituted, namely:
“(3) In the case of every application for permission under sub-section (1) or sub-section
(2), the employer shall state clearly the reasons due to which he intends to lay off or continue the
lay off of a workman and a copy of such application shall be served on the workman Intended to
be laid off or continued to be laid off by registered post with acknowledgment due.
(4) Where an application for permission has been made under sub-section (1) or sub-section
(2), the authority to whom the application has been made, after making such enquiry as it thinks
fit and after giving reasonable opportunity of being heard to the employer and the workman, may,
having regard to the genuineness and adequacy of the reasons stated by the employer, the terms
of contract of service and the standing orders governing the establishment, by order and for
reasons to be recorded in writing grant or refuse to grant such permission and such order shall be
communicated to the employer and the workman.”;
(d) the existing sub-section (4) shall be re-numbered as sub-section (5) thereof;
(e) after sub-section (5) as so re-numbered the following sub-section shall be inserted, namely:
"(6) An order of the authority specified under sub-section (1) granting or refusing to grant
permission shall, subject to the provisions of sub-section (7), be final and binding on both the
parties.
(7) The authority specified under sub-section (1) may, either of its own motion or on the
application made by the employer or the workman, review its order granting or refusing to grant
permission under sub-section (4) or refer the matter to the Labour Court having jurisdiction for
adjudication:
1. Sub-section (6) re-numbered as sub-section (10) by s. 4, ibid., (w.e.f. 18-8-1984).
44
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Provided that where a reference has been made to a Labour Court under this sub-section, it
shall pass an award within a period of thirty days from the date of such reference.”, and
(f) the existing sub-sections (5) and (6) shall be renumbered as sub-sections (8) and (9) thereof.
[Vide Rajasthan Act 8 of 1984, s. 4]
1[25N. Conditions precedent to retrenchment of workmen.—(1) No workman employed in any
industrial establishment to which this Chapter applies, who has been in continuous service for not less
than one year under an employer shall be retrenched by that employer until,—
(a) the workman has been given three months’ notice in writing indicating the reasons for
retrenchment and the period of notice has expired, or the workman has been paid in lieu of such
notice, wages for the period of the notice; and
(b) the prior permission of the appropriate Government or such authority as may be specified by
that Government by notification in the Official Gazette (hereafter in this section referred to as the
specified authority) has been obtained on an application made in this behalf.
(2) An application for permission under sub-section (1) shall be made by the employer in the
prescribed manner stating clearly the reasons for the intended retrenchment and a copy of such
application shall also be served simultaneously on the workmen concerned in the prescribed manner.
(3) Where an application for permission under sub-section (1) has been made, the appropriate
Government or the specified authority, after making such enquiry as it thinks fit and after giving a
reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested
in such retrenchment, may, having regard to the genuineness and adequacy of the reasons stated by the
employer, the interests of the workmen and all other relevant factors, by order and for reasons to be
recorded in writing, grant or refuse to grant such permission and a copy of such order shall be
communicated to the employer and the workmen.
(4) Where an application for permission has been made under sub-section (1) and the appropriate
Government or the specified authority does not communicate the order granting or refusing to grant
permission to the employer within a period of sixty days from the date on which such application is made,
the permission applied for shall be deemed to have been granted on the expiration of the said period of
sixty days.
(5) An order of the appropriate Government or the specified authority granting or refusing to grant
permission shall, subject to the provisions of sub-section (6), be final and binding on all the parties
concerned and shall remain in force for one year from the date of such order.
(6) The appropriate Government or the specified authority may, either on its own motion or on the
application made by the employer or any workman, review its order granting or refusing to grant
permission under sub-section (3) or refer the matter or, as the case may be, cause it to be referred, to a
Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an
award within a period of thirty days from the date of such reference.
(7) Where no application for permission under sub-section (1) is made, or where the permission for
any retrenchment has been refused, such retrenchment shall be deemed to be illegal from the date on
which the notice of retrenchment was given to the workman and the workman shall be entitled to all the
benefits under any law for the time being in force as if no notice had been given to him.
(8) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate
Government may, if it is satisfied that owing to such exceptional circumstances as accident in the
establishment or death of the employer or the like, it is necessary so to do, by order, direct, that the
provisions of sub- section (1) shall not apply in relation to such establishment for such period as may be
specified in the order.
1. Subs. by Act 49 of 1984, s. 5, for section 25N (w.e.f. 18-8-1984).
45
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(9) Where permission for retrenchment has been granted under sub-section (3) or where permission
for retrenchment is deemed to be granted under sub-section (4), every workman who is employed in that
establishment immediately before the date of application for permission under this section shall be
entitled to receive, at the time of retrenchment, compensation which shall be equivalent to fifteen days’
average pay for every completed year of continuous service or any part thereof in excess of six months.]
**STATE AMENDMENT**
**Rajasthan**
**Amendment of section 25-N, Central Act No. 14 of 1947.--In section 25-N of the principle Act,-**
(a) in sub-section (1),
(i) between the expression “this Chapter applies” and the expression “who has been”, the
expression “or is applied under sub-section (1-A) of section 25-K” shall be inserted; and
(ii) for clause (c), the following clause shall be substituted, namely:
"(c) three months’ notice in writing stating clearly the reasons for retrenchment is served on
the State Government or such authority as may be specified by the State Government by
notification in the Official Gazette by registered post with acknowledgement due, and
the permission of the State Government or of such authority is obtained under sub
section (2).”;
(b) for sub-section (2), the following sub-section shall be substituted, namely:
“(2) On receipt of a notice under clause (c) of sub-section (1), the State Government or
authority, after making such enquiry as it thinks fit and after giving reasonable
opportunity of being heard to the employer, the workman and the office-bearer of the
representative union of the concerned industrial establishment, may, having regard to the
genuineness and adequacy of the reasons stated by the employer, requirements of
industrial peace, prevention of victimisation and unfair labour practice, by order and for
reasons to be recorded in writing grant or refuse to grant such permission and such order
shall be communicated to the employer, the workman and the office-bearer of such
representative union.”;
(c) in sub-section (4), for the expression “(Amendment) Act, 1976", the expression “(Rajasthan
Amendment) Act, 1984”, for the expression “(a) of section 25-F", the expression “(c) of sub
section (1)”, for the word “appropriate”, the word “State” and for the expression “sub-section
(2)” the expression “the said clause of the said sub-section” shall respectively be substituted;
(d) in sub-section (5), for the word “appropriate”, the word “State” shall be substituted;
(e) after sub-section (5), the following sub-section shall be inserted, namely:
“(6) An order of the State Government or the authority granting or refusing to grant
permission shall, subject to the provisions of sub-section (7), be final and binding on all
the parties and shall remain in force for on year form the date of such order.
(7) The State Government or, as the case may be, the authority may, either on its own motion
or on the application made by the employer or the workman, review its order granting or
refusing to grant permission under sub-section (2) or refer the matter to a Tribunal for
adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it shall
pass an award within a period of thirty days from the date of such reference.”;
(f) the existing sub-sections (6) and (7) shall respectively be re-numbered as sub- sections
(8) and (9) thereof; and
(g) in sub-section (9) as so re-numbered,
# (i) for the expression “(Amendment) Act, 1976”, the expression “(Rajasthan
Amendment) Act, 1984” shall be substituted;
(ii) the expression “or the Central Government” shall be deleted;
46
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(iii) for the word “appropriate”, wherever occurring, the word “State” shall be
substituted; and
(iv) for the expression “and any order passed by such authority shall be final and
binding on the employer and the workman or workmen”, the expression "and such
authority while deciding such matter shall proceed to hold the enquiry in the
manner and have regard to the matters specified in sub-section (2). Any order
passed by such authority shall, subject to review under the proviso to this subsection, be final and binging on the employer and the workman or workman:
Provided that such authority as aforesaid may, either on its own motion or on the
application made by the employer or the workman review the order passed by it under
this sub-section or refer the matter to a Tribunal for adjudication and to such reference,
the provisions contained in the proviso to sub-section (7) shall, _mutatis matandis,_
apply,” shall be substituted.
[Vide Rajasthan Act 8 of 1984, s. 5]
**Rajasthan**
**Amendment of section 25N, Central Act No. 14 of 1947.- In section 25N of the principal Act,-**
(a) in clause (a) of sub-section (1), the existing expression “, or the workman has been paid in
lieu of such notice, wages for the period of the notice” shall be deleted; and
(b) in sub-section (9), after the existing expression “six months” and before the existing
punctuation mark “.”, appearing at the end, the expression “and an amount equivalent to his
three months average pay” shall be inserted.
[Vide Rajasthan Act 21 of 2014, s. 8]
**Gujarat**
**Amendment of section 25N of XIV of 1947.— In the principal Act, in section 25N,-**
(i) in sub-section (1), in clause (a), the words “or the workman has been paid in lieu of such
notice, wages for the period of the notice” shall be deleted;
(ii) in sub-section (9), the words “and an amount equivalent to his last three months average pay”
shall be added at the end.
[Vide Gujarat Act 1 of 2021, s. 3]
1[25-O. Procedure for closing down an undertaking.—(1) An employer who intends to close down
an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed
manner, apply, for prior permission at least ninety days before the date on which the intended closure is to
become effective, to the appropriate Government, stating clearly the reasons for the intended closure of
the undertaking and a copy of such application shall also be served simultaneously on the representatives
of the workmen in the prescribed manner:
Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of
buildings, bridges, roads, canals, dams or for other construction work.
(2) Where an application for permission has been made under sub-section (1), the appropriate
Government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being
heard to the employer, the workmen and the persons interested in such closure may, having regard to the
genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all
other relevant factors, by order and for reasons to be recorded in writing, grant or refused to grant such
permission and a copy of such order shall be communicated to the employer and the workmen.
(3) Where an application has been made under sub-section (1) and the appropriate Government does
not communicate the order granting or refusing to grant permission to the employer within a period of
sixty days from the date on which such application is made, the permission applied for shall be deemed to
have been granted on the expiration of the said period of sixty days.
1. Subs. by Act 46 of 1982, s. 14, for section 25-O (w.e.f. 21-8-1984).
47
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(4) An order of the appropriate Government granting or refusing to grant permission shall, subject to
the provisions of sub-section (5), be final and binding on all the parties and shall remain in force for one
year from the date of such order.
(5) The appropriate Government may, either on its own motion or on the application made by the
employer or any workman, review its order granting or refusing to grant permission under sub-section (2)
or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an
award within a period of thirty days from the date of such reference.
(6) Where no application for permission under sub-section (1) is made within the period specified
therein, or where the permission for closure has been refused, the closure of the undertaking shall be
deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under
any law for the time being in force as if the undertaking had not been closed down.
(7) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate
Government may, if it is satisfied that owing to such exceptional circumstances as accident in the
undertaking or death of the employer or the like it is necessary so to do, by order, direct that the
provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be
specified in the order.
(8) Where an undertaking is permitted to be closed down under sub-section (2) or where permission
for closure is deemed to be granted under sub-section (3), every workman who is employed in that
undertaking immediately before the date of application for permission under this section, shall be entitled
to receive compensation which shall be equivalent to fifteen days’ average pay for every completed year
of continuous service or any part thereof in excess of six months.]
**STATE AMENDMENT**
**Orissa**
**Amendment of section 25-O.—For section 25-o of the principal Act, the following section shall be**
substitute namely:—
**25-O. Procedure or closing down an undertaking.—(1) An employer who intends to close down an**
undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner,
apply, for prior permission at least ninety days before the date on which the intended closure is to
become effective, to the appropriate Government, stating clearly the reasons for the intended closure of
the undertaking and a copy of such application shall also be served simultaneously on the representatives
of the workman in the prescribed manner:
Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of
buildings, bridges, roads, canals, dams or for other construction work.
(2) where an application for permission has been made under sub-section (1), the appropriate
Government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being
heard to the employer, the workmen and the persons interested in such closure may, having regard to the
genuineness and adequacy of the reasons stated by the employer, the interests of the general public and
all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such
permission and a copy of such order shall be communicated to the employer and the workmen.
(3) Where an application has been made under sub-section (1) and the appropriate Government does
not communicate the order granting or refusing to grant permission to the employer within a period of
sixty days from the date on which such application is made, the permission applied for shall be deemed to
have been granted on the expiration of the said period of sixty days.
(4) An order of the appropriate Government granting or refusing to grant permission shall, subject to
the provisions of sub-section (5), be final and binding on all the parties and shall remain in force for one
year from the date of such order.
48
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(5) The appropriate Government may, either on its own motion or on the application made by the
employer or any workman, review its order granting or refusing to grant permission under sub-section (2)
or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub section, it shall pass an
award within a period of thirty days from the date of such reference.
(6) Where no application for permission under sub-section (1) is made within the period specified
therein, or where the permission for closure has been refused, the closure of the undertaking shall be
deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under
any law for the time being in force as if the undertaking had not been closed down.
(7) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate
Government may, if it is satisfied that owing to such exceptional circumstances as accident in the
undertaking or death of the employer or the like it is necessary so to do, by order, direct that the
provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be
specified in the order.
(8) Where an undertaking is permitted to be close down under sub-section (2) or where permission for
closure is deemed to be granted under sub-section (3) every workman who is employed in that
undertaking immediately before the date of application for permission under this section shall be
entitled to receive compensation which shall be equivalent to fifteen day’s average pay for every
completed year of continuous service or any part thereof in excess of six months.”.
[Vide the Orissa Act 6 of 1983, s. 3]
**Substitution of section 25-O, Central Act No. 14 of 1947:-For section 25-O of the principle Act, the**
following section shall be substituted, namely:
“25-O. Procedure for closing down an undertaking.-(1) An employer who intends to close
down an undertaking of an industrial establishment to which this Chapter applies including an
employer who has served a notice under sub-section (1) of section 25-FFA on the State Government
of his intention to close down such an undertaking but the period of such a notice has not expired at
the commencement of the Industrial Disputes(Rajasthan Amendment) Ordinance, 1983 shall apply
for prior permission at least ninety days before the date on which the intended closure is to become
effective, to the State Government, stating clearly the reasons for the intended closure of the
undertaking and a copy of such application shall also be served simultaneously on the representatives
of the workmen by registered post with acknowledgment due.
(2) where an application for permission has been made under sub-section (1), and the State
Government after making such enquiry as it thinks fit and after giving reasonable opportunity of
being heard to the employer, the workmen and the person interested in such closure may, having
regard to the genuineness and adequacy of the reasons stated by employer, the interests of the general
public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse
to grant such permission and a copy of such order shall be communicated to the employer and the
workmen.
(3) Where an application has been made under sub-section (1), and the State Government does
not communicate the order granting or refusing to grant permission to the employer within a period
of sixty days from the date on which such application is made, the permission applied for shall be
deemed to have been granted on the expiration of the said period of sixty days.
(4) An order of the State Government granting or refusing to grant permission shall, subject to the
provision of sub-section (5), be final and binding on all the parties and shall remain in force for one
year from the date of such order.
(5) The State Government may, either on its own motion or on the application made by the
employer or any workman, review its order granting or refusing to grant permission under sub-section
(2) or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass
an award within a period of thirty days from the date of such reference.
(6) Where no application for permission under sub-section (1) is made within the period specified
therein, or where the permission for closure has been refused, the closure of the undertaking shall be
49
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deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits
under any law for the time being in force as if the undertaking had not been closed down.
(7) Notwithstanding anything contained in the foregoing provision of this section, the State
Government may, If it is satisfied that owing to such exceptional circumstance as accident in the
undertaking or death of the employer or the like it is necessary so to do, by order, direct that the
provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be
specified in the order.
(8) Where an undertaking is permitted to be closed down under sub-section (2) or where
permission for closure is deemed to be granted under sub-section (3), every workman who is
employed in that undertaking immediately before the date of application for permission under this
section, shall be entitled to receive compensation which shall be equivalent to fifteen days' average
pay for every completed year of continuous service or any part thereof in excess of six months.”.
[Vide Rajasthan Act 8 of 1984, s. 6]
**Rajasthan**
**Amendment of section 25-O, Central Act No. 14 of 1947.- In sub-section (8) of section 25-O of the**
principal Act, after the existing expression “six months” and before the existing punctuation mark “.”,
appearing at the end, the expression “and an amount equivalent to his three months average pay” shall be
inserted.
[Vide Rajasthan Act 21 of 2014, s. 9]
**25P. Special provision as to restarting of undertakings closed down before commencement of**
**the Industrial Disputes (Amendment) Act, 1976.—If the appropriate Government is of opinion in**
respect of any undertaking of an industrial establishment to which this Chapter applies and which closed
down before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976),—
(a) that such undertaking was closed down otherwise than on account of unavoidable
circumstances beyond the control of the employer;
(b) that there are possibilities of restarting the undertaking;
(c) that it is necessary for the rehabilitation of the workmen employed in such undertaking before
its closure or for the maintenance of supplies and services essential to the life of the community to
restart the undertaking or both; and
(d) that the restarting of the undertaking will not result in hardship to the employer in relation to
the undertaking,
it may, after giving an opportunity to such employer and workmen, direct, by order published in the
Official Gazette, that the undertaking shall be restarted within such time (not being less than one month
from the date of the order) as may be specified in the order.
**Rajasthan**
**Substitution of section 25-P, Central Act No. 14 of 1947:- For section 25-P of the principle Act, the**
following section shall be substituted, namely:
“25-P. Special provision as to restarting of undertaking closed down before commencement of the
Industrial Disputes (Rajasthan Amendment) Act, 1984.- (1) Where the undertaking of
an industrial establishment to which this Chapter applies had been closed down before
the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984 and
the State Government, after giving reasonable opportunity of being heard to the
employer, workmen and the office bearer of the representative union of the concerned
industrial establishment and after making such enquiry as it thinks fit, is satisfied that,(a) such undertaking was closed down otherwise than on account of unavoidable
circumstances, beyond the control of the employer;
(b) there are possibilities of restarting the undertaking;
(c) it is necessary for the rehabilitation of the workmen employed in such undertaking
before its closure or for the maintenance of supplies and services essential to the
life of the community or both to restarted the undertaking ; and
(d) the restarting of the undertaking will not result in hardship to the employer in
relation to the undertaking,
50
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It may direct, by order published in the Official Gazette, that the undertaking shall be
restarted within such time (not being less than one months from the date of the
order) as may be specified in the order.
(2) An order of the State Government directing the restarting of the undertaking under
sub-section (1) shall, subject to the provisions of sub-section (3), be final and binging
on all the parties.
(3) The State Government may either on its own motion or on the application made by the
employer and after giving to such employer, the workmen and the office-bearer of the
representative union of the concerned industrial establishment an opportunity of being
heard, review its order directing the restarting of the undertaking under sub-section (1)
or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass
and award within a period of sixty days from the date of such reference and pending award by the
Tribunal, the undertaking shall continue to remain restarted.”
[Vide Rajasthan Act 8 of 1984, s. 7]
**Insertion of new section 25-PP, Central Act No. 14 of 1947:- After section 25-P of the principle**
Act as so substituted, the following new section shall be added, namely:
“25 PP. Special provision as to reinstatement of workmen retrenched before the
**commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984.-(1)**
Notwithstanding any award or order of a Tribunal or any judgement, order or direction of any Court
upholding the validity of retrenchment of any workman employed is any industrial establishment to
which this Chapter applies who is retrenched at any time during six months immediately before the
commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984, the State Government
shall, either on its own motion or on the application made by any such retrenched workman or by the
office-bearer of the representative union of the concerned industrial establishment, examine the
validity of retrenchment of such workman and if, after making such enquiry as it thinks fit and after
giving reasonable opportunity of being heard to the employer, the retrenched workman, or, as case
may be, to such office-bearer, it is satisfied that,
(a) the retrenchment of the workman was without genuine or adequate reasons;
(b) the retrenchment was by way of victimisation and unfair labour practice; and
(c) the reinstatement of the workman is required for maintaining industrial peace in the
industrial establishment,
it shall by order and for reasons to be recorded in writing, direct the employer to reinstate
the retrenched workman within such time as may be specified in the order and if it is not
so satisfied, it shall by such reasoned order uphold the validity of retrenchment of the
workman and shall communicate its order to the employer and the workman.
(2) An order of the State Government under sub-section (1), subject to the order passed by it
as a result of review under sub-section (3) and, where a reference has been made by it to a Tribunal
under the said sub-section, subject to the award passed by the Tribunal, shall be final and binding
on the employer and the workman.
(3) The State Government may, either on its own motion or on the application made by the
employer or the retrenched workman, review its order directing reinstatement of the retrenched
workman or, as the case may be, the order upholding the validity of retrenchment of the workman
under sub section (1) or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it shall
pass an award within a period of thirty days from the date of such reference.”.
[Vide Rajasthan Act 8 of 1984, s. 8]
**Gujarat**
**Amendment of section 25-O of XIV of 1947.—In the principal Act, in section 25-O, in sub-section**
(8), the words “and an amount equivalent to his last three months average pay” shall be added at the end.
[Vide Gujarat Act 1 of 2021, s. 4]
51
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**25Q. Penalty for lay-off and retrenchment without previous permission.—Any employer who**
contravenes the provisions of section 25M or [1]*** of section 25N shall be punishable with imprisonment
for a term which may extend to one month, or with fine which may extend to one thousand rupees, or
with both.
**STATE AMENDMENT**
# Rajasthan
**Substitution of section 25-Q Central Act No 14 of 1947.- For section 25-Q of the principle Act, the following**
section shall be substituted, namely:
“25-Q. Penalties for lay-off and retrenchment without previous permission.- Any employer who
(a) lays off a workman without complying with the provisions of sub-section (1) or sub
section (2) of section 25-M; or
(b) Contravenes an order refusing to grant permission to lay-off or to continue the lay-off
of a workman under sub-section (4) of section 25-M; or
(c) Contravenes such an order as is referred to in clause (b) passed as a result of review
under sub-section (7) of section 25-M; or
(d) Contravenes the provisions of clause (c) of sub-section (1) or sub section (4) of section
25-N; or
(e) Contravenes an order refusing to grant permission to retrench a workman under sub
section (2) or an order under sub-section (9) of section 25-N; or
(f) Contravenes such an order as is referred to in clause (e) passed as a result of review
under sub-section (7) or sub section (9) of section 25-N; or
Contravenes the direction to reinstate a retrenched workman given under sub-section (1) of section 25 pp or such a direction given as a result of review under sub-section (3) of the said section, Shall be
punishable with imprisonment for a term which may extend to three months, or with fine which may
extend to two thousand rupees or with both.”.
[Vide Rajasthan Act 8 of 1984, s. 9]
**25R. Penalty for closure.—(1) Any employer who closes down an undertaking without complying**
with the provisions of sub-section (1) of section 25-O shall be punishable with imprisonment for a term
which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
(2) Any employer, who contravenes [2][an order refusing to grant permission to close down an
undertaking under sub-section (2) of section 25-O or a direction given under section 25P], shall be
punishable with imprisonment for a term which may extend to one year, or with fine which may extend to
five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine
which may extend to two thousand rupees for every day during which the contravention continues after
the conviction.
3* - - -
**STATE AMENDMENT**
**Orissa**
**Amendment of section 25-R.—In section 25-R of the principal Act;—**
(a) in sub-section (2), for the words, brackets, figures and letters, “a direction given under sub-section
(2) of section 25-O or section 25-P”, the words, brackets, figures and letters “an order refusing to grant
permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under
section 25-P” shall be substituted;
(b) Sub-section (3) shall be omitted.
[Vide the Orissa Act 6 of 1983, s. 4]
1. Certain words omitted by Act 49 of 1984, s. 6 (w.e.f. 18-8-1984).
2. Subs. by Act 46 of 1982, s. 15, for certain words (w.e.f. 21-8-1984).
3. Sub-section (3) omitted by s. 15, ibid. (w.e.f. 21-8-1984).
52
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**Rajasthan**
**Amendment of section 25-R, Central Act No. 14 of 1947:- In section 25-R of the principle Act,-**
(a) for sub-section (2), the following sub-section shall be substituted, namely:
“(2) Any employer, who contravenes an order refusing to grant permission to close down an
undertaking under sub-section (2) of section 25-0 or a direction given under section 25-P,
shall be punishable with an imprisonment for a term which may extend to one year, or with
fine which may extend to five thousand rupees, or with both, and where the contravention
is a continuing one, with a further fine which may extend to two thousand rupees for every
day during which the contravention continues after the conviction.”; and
(b) sub section (3) shall be omitted.
[Vide Rajasthan Act 8 of 1984, s. 10]
**25S. Certain provisions of Chapter VA to apply to an industrial establishment to which this**
**Chapter applies.—The provisions of sections 25B, 25D, 25FF, 25G, 25H, and 25J in Chapter VA shall,**
so far as may be, apply also in relation to an industrial establishment to which the provisions of this
Chapter apply.]
**Rajasthan**
**Amendment of section 25-S, Central Act No. 14 of 1947:-In section 25-S of the principle Act, after**
the expression “provisions of this Chapter apply”, the expression “or are applied under sub-section (1-A)
of section 25-k” shall be added.
# [Vide Rajasthan Act 8 of 1984, s. 11]
1[CHAPTER VC
UNFAIR LABOUR PRACTICES
**25T. Prohibition of unfair labour practice.—No employer or workman or a trade union, whether**
registered under the Trader Unions Act, 1926 (18 of 1926), or not, shall commit any unfair labour
practice.
**25U. Penalty for committing unfair labour practices.—Any person who commits any unfair labour**
practice shall be punishable with imprisonment for a term which may extend to six months or with fine
which may extend to one thousand rupees or with both.]
CHAPTER VI
PENALTIES
**26. Penalty for illegal strikes and lock-outs.—(1) Any workman who commences, continues or**
otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with
imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees,
or with both.
(2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is
illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month,
or with fine which may extend to one thousand rupees, or with both.
**27. Penalty for instigation, etc.—Any person who instigates or incites others to take part in, or**
otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, shall be punishable
with imprisonment for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
**28. Penalty for giving financial aid to illegal strikes and lock-outs.—Any person who knowingly**
expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be
punishable with imprisonment for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
1. Ins. by Act 46 of 1982, s. 16 (w.e.f. 21-8-1984).
53
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1[29. Penalty for breach of settlement or award.—Any person who commits a breach of any term
of any settlement or award, which is binding on him under this Act, shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with both [2][and where the
breach is a continuing one, with a further fine which may extend to two hundred rupees for every day
during which the breach continues after the conviction for the first] and the Court trying the offence, if it
fines the offender, may direct that the whole or any part of the fine realised from him shall be paid, by
way of compensation, to any person who, in its opinion, has been injured by such breach.]
**STATE AMENDMENT**
**Kerala**
**Insertion of new section 29A.—After section 29 of the principal Act, the following section shall be**
inserted, namely:—
“29A. Penalty for failure to comply with an order issued under section 10B.—Any person
who fails to comply with any provisions contained in any order made under sub-section (1) of section
10B shall be punishable with imprisonment for a term which shall not be less than six months but
which may extend to one year and with fine."]
[Vide Kerala Act 30 of 1979, s. 3]
**30. Penalty for disclosing confidential information.—Any person who wilfully discloses any such**
information as is referred to in section 21 in contravention of the provisions of that section shall, on
complaint made by or on behalf of the trade union or individual business affected, be punishable with
imprisonment for a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
3[30A. Penalty for closure without notice.—Any employer who closes down any undertaking
without complying with the provisions of section 25FFA shall be punishable with imprisonment for a
term which may extend to six months, or with fine which may extend to five thousand rupees, or with
both.]
**STATE AMENDMENT**
**Rajasthan**
**Insertion of new section 30A in Central Act 14 of 1947.—** After section 30 of the principal Act, the
following new section shall be inserted, namely:
**"30A.** **Penalty for contravention of an order made under section 10K.---Any person who**
contravenes an order issued by the State Government in pursuance of section 10K of the Act shall, on
conviction, be punishable with imprisonment for a term which may extend to one year or with fine
which may extend to two thousand rupees or with both.".
[Vide Rajasthan Act 14 of 1970, s. 7]
**31. Penalty for other offences.—(1) Any employer who contravenes the provisions of section 33**
shall be punishable with imprisonment for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
(2) Whoever contravenes any of the provisions of this Act or any rule made thereunder shall, if no
other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine
which may extend to one hundred rupees.
**STATE AMENDMENT**
**Union Territory of Jammu and Kashmir and Ladakh**
**Insertion of new section---After section 31, insert-**
1. Subs. by Act 36 of 1956, s. 20, for section 29 (w.e.f. 17-9-1956).
2. Ins. by Act 35 of 1965, s. 6 (w.e.f. 1-12-1965).
3. Ins. by Act 32 of 1972, s. 3.
54
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**"31A.** **Compounding** **of** **offences.--(1)** Any offence punishable under
sections 25Q, 25R, 25U, 26, 27, 28, 29, 30A and sub-sections (1) and (2) of section 31 may, either before
or after the institution of the prosecution, on an application by the alleged offender, be compounded by
such officer or authority as the appropriate Government may, by notification in the Official Gazette,
specify in this behalf for such amount as specified in the Table below:
**Table**
S.N. Section Compounding amount
1 2 3
1 25Q 25 days wages last drawn by each workman.
2 25R 60 days wages last drawn by each workman.
3 25U (i) By each workman Rs. 150/- per day but not exceeding Rs. 3000/- in
aggregate;
(ii) By employer Rs. 300/- per day but not exceeding the amount in
aggregate as shown below:
Number of workmen employed in the Amount not exceeding
industry
1 to 50 Rs. 5000/
51 to 100 Rs. 8000/
101 to 500 Rs. 12000/
More than 500 Rs. 16000/
4 26 (i) In case of illegal strike, Rs. 150/- per day by each workman but not
exceeding Rs. 3000/- in aggregate;
(ii) In case of illegal lock-out, Rs. 300/- per day by an employer but not
exceeding the amount in aggregate as shown below:
Number of workmen employed Amount not exceeding
in the industry
1 to 50 Rs. 5000/
51 to 100 Rs. 8000/
101 to 500 Rs. 12000/
More than 500 Rs. 16000/
5 27 and As per section 26 above for illegal strike and lockout.
28
6 29 Rs. 200/- per day in respect of each of the workman.
7 30A 25 days wages last drawn by each workman.
8 31(1) Number of workmen For first For For third
55
|Col1|Col2|Table|Col4|Col5|Col6|Col7|Col8|
|---|---|---|---|---|---|---|---|
|S.N.|Section|Compounding amount||||||
|1|2|3||||||
|1|25Q|25 days wages last drawn by each workman.||||||
|2|25R|60 days wages last drawn by each workman.||||||
|3|25U|(i) By each workman Rs. 150/- per day but not exceeding Rs. 3000/- in aggregate; (ii) By employer Rs. 300/- per day but not exceeding the amount in aggregate as shown below:||||||
|||Number of workmen employed in the industry|||Amount not exceeding|||
|||1 to 50|||Rs. 5000/-|||
|||51 to 100|||Rs. 8000/-|||
|||101 to 500|||Rs. 12000/-|||
|||More than 500|||Rs. 16000/-|||
|4|26|(i) In case of illegal strike, Rs. 150/- per day by each workman but not exceeding Rs. 3000/- in aggregate; (ii) In case of illegal lock-out, Rs. 300/- per day by an employer but not exceeding the amount in aggregate as shown below:||||||
|||Number of workmen employed in the industry||Amount not exceeding||||
|||1 to 50||Rs. 5000/-||||
|||51 to 100||Rs. 8000/-||||
|||101 to 500||Rs. 12000/-||||
|||More than 500||Rs. 16000/-||||
|5|27 and 28|As per section 26 above for illegal strike and lockout.||||||
|6|29|Rs. 200/- per day in respect of each of the workman.||||||
|7|30A|25 days wages last drawn by each workman.||||||
|8|31(1)|Number of workmen|For first|||For|For third|
-----
|Col1|Col2|employed in the industry|occasion|second occasion|occasion|
|---|---|---|---|---|---|
|||1 to 50|Rs. 5000/-|Rs. 10,000/-|Rs. 15,000/-|
|||51 to 100|Rs. 8000/-|Rs. 16,000/-|Rs. 24,000/-|
|||101 to 500|Rs. 12000/-|Rs. 24,000/-|Rs. 36,000-|
|||More than 500|Rs. 16000/-|Rs. 32,000-|Rs. 48,000/-|
|9|31(2)|For each workman, for the first offence Rs. 1000/- for the second offence Rs. 2000/- and for the third offence Rs. 3000/- (ii) For employer:||||
|||Number of workmen employed in the industry|For first occasion|For second occasion|For third occasion|
|||1 to 50|Rs. 1500|Rs. 3000|Rs. 6000|
|||51 to 100|Rs. 3000|Rs. 6000|Rs. 10000|
|||101 to 500|Rs. 4000|Rs. 8000|Rs. 15000|
|||More than 500|Rs. 5000|Rs. 10000|Rs. 20000:|
Provided that the appropriate Government may, by notification in the Official Gazette, amend the said
specified compounding amount:
Provided further that the offences of the same nature committed by the same offender for more than
three occasions shall not be compoundable:
Provided also that such offences shall be compoundable only after the alleged offender has acted to
the satisfaction of such officer or authority that such offence is not continued any further:
Provided also that when an offence is compounded on an application by the employer, then the
compounding amount received from him, shall be paid to the concerned workman or equally amongst the
workman and if any workmen are not identifiable, then the remaining amount shall be deposited in such
manner as may be notified by the appropriate Government.
(2) Where an offence has been compounded under sub-section (1), no further proceedings shall be
taken against the offender in respect of such offence and the offender, if in custody, shall be released or
discharged.”
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second
Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and _Vide Union Territory of Ladakh_
Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-102020).]
56
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CHAPTER VII
MISCELLANEOUS
**32. Offence by companies, etc.—Where a person committing an offence under this Act is a company, or other**
body corporate, or an association of persons (whether incorporated or not), every director, manager, secretary, agent
or other officer or person concerned with the management thereof shall, unless he proves that the offence was
committed without his knowledge or consent, be deemed to be guilty of such offence.
1[33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of
**proceedings.—(1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of**
any proceeding before [2][an arbitrator or] a Labour Court or Tribunal or National Tribunal in respect of an industrial
dispute, no employer shall,—
(a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in
such dispute, the conditions of service applicable to them immediately before the commencement of such
proceeding; or
(b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise,
any workmen concerned in such dispute,
save with the express permission in writing of the authority before which the proceeding is pending.
(2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in
accordance with the standing orders applicable to a workman concerned in such dispute [3][or, where there are no
such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the
workman],—
(a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that
workman immediately before the commencement of such proceeding; or
(b) for any misconduct not connected with the dispute, or discharge or punish, whether by dismissal or
otherwise, that workman:
Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one
month and an application has been made by the employer to the authority before which the proceeding is
pending for approval of the action taken by the employer.
(3) Notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any such
proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such
dispute—
(a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him
immediately before the commencement of such proceedings; or
(b) by discharging or punishing, whether by dismissal or otherwise, such protected workman,
save with the express permission in writing of the authority before which the proceeding is pending.
_Explanation.—For the purposes of this sub-section, a “protected workman”, in relation to an establishment,_
means a workman who, being [4][a member of the executive or other office bearer] of a registered trade union
connected with the establishment, is recognised as such in accordance with rules made in this behalf.
(4) In every establishment, the number of workmen to be recognised as protected workmen for the purposes of
sub-section (3) shall be one per cent. of the total number of workmen employed therein subject to a minimum
number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid
purpose, the appropriate Government may make rules providing for the distribution of such protected workmen
among various trade unions, if any, connected with the establishment and the manner in which the workmen may be
chosen and recognised as protected workmen.
(5) Where an employer makes an application to a conciliation officer, Board, [2][an arbitrator, a] labour Court,
Tribunal or National Tribunal under the proviso to sub-section (2) for approval of the action taken by him, the
authority concerned shall, without delay, hear such application and pass, [5][within a period of three months from the
date of receipt of such application], such order in relation thereto as it deems fit:]
1. Subs. by Act 36 of 1956, s. 21, for section 33 (w.e.f. 10-3-1957).
2. Ins. by Act 36 of 1964, s. 18 (w.e.f. 19-12-1964).
3. Ins. by s. 18, ibid. (w.e.f. 19-12-1964).
4. Subs. by Act 45 of 1971, s. 5, for “an officer” (w.e.f. 15-12-1971).
5. Subs. by Act 46 of 1982, s. 17, for “as expeditiously as possible” (w.e.f. 21-8-1984).
57
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1[Provided that where any such authority considers it necessary or expedient so to do, it may, for
reasons to be recorded in writing, extend such period by such further period as it may think fit:
Provided further that no proceedings before any such authority shall lapse merely on the ground that
any period specified in this sub-section had expired without such proceedings being completed.]
2[33A. Special provision for adjudication as to whether conditions of service, etc., changed
**during pendency of proceedings.—Where an employer contravenes the provisions of section 33 during**
the pendency of proceedings [3][before a conciliation officer, Board, an arbitrator, a Labour Court, Tribunal
or National Tribunal], any employee aggrieved by such contravention, may make a camplaint in writing,
5[in the prescribed manner,—
(a) to such conciliation officer or Board, and the conciliation officer or Board shall take such
complaint into account in mediating in, and promoting the settlement of, such industrial dispute; and
(b) to such arbitrator, Labour Court, Tribunal or National Tribunal and on receipt of such
complaint, the arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, shall
adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance
with the provisions of this Act and shall submit his or its award to the appropriate Government and
the provisions of this Act shall apply accordingly.]]
4[33B. Power to transfer certain proceedings.—(1) The appropriate Government may, by order in
writing and for reasons to be stated therein, withdraw any proceeding under this Act pending before a
Labour Court, Tribunal or National Tribunal and transfer the same to another Labour Court, Tribunal or
National Tribunal, as the case may be, for the disposal of the proceeding and the Labour Court, Tribunal
or National Tribunal to which the proceeding is so transferred may, subject to special directions in the
order of transfer, proceed either de novo or from the stage at which it was so transferred:
Provided that where a proceeding under section 33 or section 33A is pending before a Tribunal or
National Tribunal, the proceeding may also be transferred to a Labour Court.
(2) Without prejudice to the provisions of sub-section (1), any Tribunal or National Tribunal, if so
authorised by the appropriate Government, may transfer any proceeding under section 33 or section 33A
pending before it to any one of the Labour Courts specified for the disposal of such proceedings by the
appropriate Government by notification in the Official Gazette and the Labour Court to which the
proceeding is so transferred shall dispose of the same.
5[33C. Recovery of money due from an employer.—(1) Where any money is due to a workman
from an employer under a settlement or an award or under the provisions of [6][Chapter VA or Chapter
VB], the workman himself or any other person authorised by him in writing in this behalf, or, in the case
of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery,
make an application to the appropriate Government for the recovery of the money due to him, and if the
appropriate Government is satisfied that any money is so due, it shall issue a certificate for that amount to
the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue:
Provided that every such application shall be made within one year from the date on which the money
became due to the workman from the employer:
Provided further that any such application may be entertained after the expiry of the said period of
one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making
the application within the said period.
(2) Where any workman is entitled to receive from the employer any money or any benefit which is
capable of being computed in terms of money and if any question arises as to the amount of money due or
as to the amount at which such benefit should be computed, then the question may, subject to any rules
1. Ins. by Act 46 of 1982, s. 17 (w.e.f. 21-8-1984).
2. Ins. by Act 48 of 1950, s. 34 and the Schedule.
3. Subs. by Act 46 of 1982, s. 18, for certain words (w.e.f. 21-8-1984).
4. Ins. by Act 36 of 1956, s. 23 (w.e.f. 10-3-1957).
5. Subs. by Act 36 of 1964, s. 19, for section 33C (w.e.f. 19-12-1964).
6. Subs. by Act 32 of 1976, s. 4, for “Chapter VA” (w.e.f. 5-3-1976).
58
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that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by
the appropriate Government; [1][within a period not exceeding three months:]
1[Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to
do, he may, for reasons to be recorded in writing, extend such period by such further period as he may
think fit.]
(3) For the purposes of computing the money value of a benefit, the Labour Court may, if it so thinks
fit, appoint a commissioner who shall, after taking such evidence as may be necessary, submit a report to
the Labour Court and the Labour Court shall determine the amount after considering the report of the
commissioner and other circumstances of the case.
(4) The decision of the Labour Court shall be forwarded by it to the appropriate Government and any
amount found due by the Labour Court may be recovered in the manner provided for in sub-section (1).
(5) Where workmen employed under the same employer are entitled to receive from him any money
or any benefit capable of being computed in terms of money, then, subject to such rules as may be made
in this behalf, a single application for the recovery of the amount due may be made on behalf of or in
respect of any number of such workmen.
_Explanation.—In this section “Labour Court” includes any court constituted under any law relating to_
investigation and settlement of industrial disputes in force in any State.]]
**STATE AMENDMENT**
**Assam**
**Amendment of Section 33-C.—In the principal Act, in section 33-C, in sub-section (1), for the**
words “to the collector who shall proceed to recover the same in the same manner as an arrear of land
revenue” the words “to the Chief Judicial Magistrate having jurisdiction who shall proceed to realize as if
it were a fine imposed by such Magistrate” shall be substituted.
[Vide Assam Act 22 of 2007, s. 3]
**Rajasthan**
**Amendment of section 33C, Central Act 14 of 1947.-In sub-section (1) of section 33C of the**
principal Act, after the expression "Chapter VA", the expression "or under an order issued by the State
Government under section 10K of the Act" shall be inserted.
[Vide Rajasthan Act 14 of 1970, s. 8]
**34. Cognizance of offences.—(1) No Court shall take cognizance of any offence punishable under**
this Act or of the abetment of any such offence, save on complaint made by or under the authority of the
appropriate Government.
(2) No Court inferior to that of [2][a Metropolitan Magistrate or a Judicial Magistrate of the first class],
shall try any offence punishable under this Act.
**35. Protection of persons.—(1) No person refusing to take part or to continue to take part in any**
strike or lock-out which is illegal under this Act shall, by reason of such refusal or by reason of any action
taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or
penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise
be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at
any disadvantage as compared with other members of the union or society, anything to the contrary in the
rules of a trade union or society notwithstanding.
(2) Nothing in the rules of a trade union or society requiring the settlement of disputes in any manner shall
apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the
Civil Court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to
be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of
compensation or damages as that Court thinks just.
3[36. Representation of parties.—(1) A workman who is a party to a dispute shall be entitled to be represented
in any proceeding under this Act by—
1. Ins. by Act 46 of 1982, s. 19 (w.e.f. 21-8-1984).
2. Subs. by Act 46 of 1982, s. 20, for certain words (w.e.f. 21-8-1984).
3. Subs. by Act 48 of 1950, s. 34 and the Schedule, for section 36.
59
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(a) [1][any member of the executive or office bearer] of a registered trade union of which he is a member:
(b) [2] [any member of the executive or other office bearer] of a federation of trade unions to which the trade
union referred to in clause (a) is affiliated;
(c) where the worker is not a member of any trade union, by [2][any member of the executive or other office
bearer] of any trade union connected with, or by any other workman employed in the industry in
which the worker is employed and authorised in such manner as may be prescribed.
(2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding
under this Act by—
(a) an officer of an association of employers of which he is a member;
(b) an officer of a federation of association of employers to which the association referred to in
clause (a) is affiliated;
(c) where the employer is not a member of any association of employers, by an officer of any
association of employers connected with, or by any other employer engaged in, the industry in which
the employer is engaged and authorised in such manner as may be prescribed.
(3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation
proceedings under this Act or in any proceedings before a Court.
(4) In any proceeding [2][before a Labour Court, Tribunal or National Tribunal], a party to a dispute
may be represented by a legal practitioner with the consent of the other parties to the proceedings and
3[with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be].]
**4[36A. Power to remove difficulties.—(1) If, in the opinion of the appropriate Government, any**
difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer
the question to such Labour Court, Tribunal or National Tribunal as it may think fit.
(2) The Labour Court, Tribunal or National Tribunal to which such question is referred shall, after
giving the parties an opportunity of being heard, decide such question and its decision shall be final and
binding on all such parties.]
5[36B. Power to exempt.—Where the appropriate Government is satisfied in relation to any
industrial establishment or undertaking or any class of industrial establishments or undertakings carried
on by a department of that Government that adequate provisions exist for the investigation and settlement
of industrial disputes in respect of workmen employed in such establishment or undertaking or class of
establishments or undertakings, it may, by notification in the Official Gazette, exempt, conditionally or
unconditionally such establishment or undertaking or class of establishments or undertakings from all or
any of the provisions of this Act.]
**37. Protection of action taken under the Act.—No suit, prosecution or other legal proceeding shall**
lie against any person for anything which is in good faith done or intended to be done in pursuance of this
Act or any rules made thereunder.
**38. Power to make rules.—(1) The appropriate Government may, subject to the condition of**
previous publication, make rules for the purpose of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the powers and procedure of conciliation officers, Boards, Courts, [6][Labour Courts, Tribunals
and National Tribunals] including rules as to the summoning of witnesses, the production of
documents relevant to the subject-matter of an inquiry or investigation, the number of members
necessary to form a quroum and the manner of submission of reports and awards;
1. Subs. by Act 45 of 1971, s. 6, for “an officer” (w.e.f. 15-12-1971).
2. Subs. by Act 36 of 1956, s. 24, for “before a Tribunal” (w.e.f. 10-3-1957).
3. Subs. by s. 24, ibid., for “with the leave of the Tribunal” (w.e.f. 10-3-1957).
4. Ins. by s. 25, ibid. (w.e.f. 10-3-1957).
5. Ins. by Act 46 of 1982, s. 21 (w.e.f. 21-8-1984).
6. Subs. by Act 36 of 1956, s. 26, for “and Tribunals” (w.e.f. 10-3-1957).
60
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1[(aa) the form of arbitration agreement, the manner in which it may be signed by the parties,
2[the manner in which a notification may be issued under sub-section (3A) of section 10A,] the
powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him;
(aaa) the appointment of assessors in proceedings under this Act;]
3* - - -
(b) the constitution and functions of and the filling of vacancies in Works Committees, and the
procedure to be followed by such Committees in the discharge of their duties;
4[(c) the salaries and allowances and the terms and conditions for appointment of the presiding
officers of the Labour Court, Tribunal and the National Tribunal including the allowances admissible
to members of Courts, Boards and to assessors and witnesses;]
(d) the ministerial establishment which may be allotted to a Court, Board, [5][Labour Court,
Tribunal or National Tribunal] and the salaries and allowances payable to members of such
establishments;
(e) the manner in which and the persons by and to whom notice of strike or lock-out may be
given and the manner in which such notices shall be communicated;
(f) the conditions subject to which parties may be represented by legal practitioners in
proceedings under this Act before a Court, [3][Labour Court, Tribunal or National Tribunal];
(g) any other matter which is to be or may be prescribed.
(3) Rules made under this section may provide that a contravention thereof shall be punishable with
fine not exceeding fifty rupees.
6[(4) All rules made under this section shall, as soon as possible after they are made, be laid before the
State Legislature or, where the appropriate Government is the Central Government, before both Houses of
Parliament.]
7[(5) Every rule made by the Central Government under this section shall be laid, as soon as may be
after it is made, before each House of Parliament while it is in session for a total period of thirty days
which may be comprised in one session or in [8][two or more successive sessions, and if, before the expiry
of the session immediately following the session or the successive sessions aforesaid] both Houses agree
in making any modification in the rule, or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.]
**9[39. Delegation of powers.—The appropriate Government may, by notification in the Official**
Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation
to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable
also,—
(a) where the appropriate Government is the Central Government, by such officer or authority
subordinate to the Central Government or by the State Government, or by such officer or authority
subordinate to the State Government, as may be specified in the notification; and
1. Ins. by Act 36 of 1956, s. 26 (w.e.f. 10-3-1957).
2. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964).
3 Clause (ab) omitted by Act 24 of 2010, s. 8 (w.e.f. 15-9-2010).
4. Subs. by s. 8, ibid., for clause (c) (w.e.f. 15-9-2010).
5. Subs. by Act 36 of 1956, s. 26, for “or Tribunal” (w.e.f. 10-3-1957).
6. Ins. by Act 36 of 1956, s. 26 (w.e.f. 10-3-1957).
7. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964).
8. Subs. by Act 32 of 1976, s. 5, for certain words (w.e.f. 5-3-1976).
9. Subs. by Act 36 of 1956, s. 27, for section 39 (w.e.f. 17-9-1956).
61
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(b) where the appropriate Government is a State Government, by such officer or authority
subordinate to the State Government as may be specified in the notification.]
1[40. Power to amend Schedules.—(1) The appropriate Government may, if it is of opinion that it is
expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the
First Schedule any industry, and on any such notification being issued, the First Schedule shall be deemed
to be amended accordingly.
(2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the
Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or
the Third Schedule, as the case may be, shall be deemed to be amended accordingly.
(3) Every such notification shall, as soon as possible after it is issued, be laid before the Legislature of
the State, if the notification has been issued by a State Government, or before Parliament, if the
notification has been issued by the Central Government.]
_______________
1. Subs. by Act 36 of 1964, s. 21, for section 40 (w.e.f. 19-12-1964).
62
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1[THE FIRST SCHEDULE
[See section 2(n)(vi)]
INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (vi) OF
CLAUSE (n) OF SECTION 2
1. Transport (other than railways) for the carriage of passengers or goods, [2][by land or water];
3[2. Banking;
3. Cement;
4. Coal;
5. Cotton textiles;
6. Food stuffs;
7. Iron and Steel;
8. Defence establishments;
9. Service in hospitals and dispensaries;
10. Fire Brigade Service;
4[11. India Government Mints;]
12. India Security Press;
5[13. Copper Mining;
14. Lead Mining;
15. Zinc Mining;]
6[16. Iron Ore Mining;]
7[17. Service in any oilfield,]
8[***]
9[19. Service in the Uranium Industry;]
10[20. Pyrites Mining;]
21. Security Paper Mill, Hoshangabad;
11[22. Services in the Bank Note Press, Dewas;]
12[23. Phosphorite Mining;]
13[24. Magnesite Mining.]
14[25. Currency Note Press;]
1. Subs. by Act 36 of 1956, s. 29, for the Schedule (w.e.f. 10-3-1957).
2. Subs. by Act 36 of 1964, s. 22, for “by land, water or air” (w.e.f. 19-12-1964).
3. Declared to be Public utility service for six months effective 17-04-2010 vide Notification No. S.O. 760(E), dated 06-04-2010.
4. These entries were added to the Schedule from time to time by notifications issued under section 40 of the Act.
5. Items 13 to 15 added by S.O. 1444, dated 3rd May, 1966.
6. Ins. by S.O. 726, dated 25th February, 1967.
7. Ins. by S.O. 1776, dated 10th May, 1967.
8. Entry 18 omitted by Act 45 of 1971, s. 7 (w.e.f. 15-12-1971).
9. Ins. by S.O. 1471, dated 10th April, 1968.
10. Ins. by S.O. 2061, dated 30th May, 1970.
11. Ins. by S.O. 4697, dated 26th November, 1976.
12. Ins. by S.O. 47, dated 17th December, 1976.
13. Ins. by S.O. 2474, dated 4th September, 1980.
14. Ins.by S.O. 946, dated 7th March, 1981.
63
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1[26. Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel
oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like;]
2[27. Service in the Airports Authority of India;]
3[28. Industrial establishments manufacturing or producing Nuclear Fuel and components, Heavy Water and
Allied Chemicals and Atomic Energy.]
4[29. 'Processing or production or distribution of fuel gases' (coal gas, natural gas and the like)]
5[30. Manufacturing of Alumina and Aluminium; and
31. Mining of Bauxite.]
6[32. Services in the Bank Note Paper Mill India Private Limited, Mysore, Karnataka.]
7[33. Chemical Fertilizer industry.]
**STATE AMENDMENT**
**Karnataka**
**Amendment of the First Schedule.—In the First Schedule to the principal Act, after item No. 10,**
the following item shall be added namely:—
“11. Oxygen and Acetylene.”
[Vide Karnataka Act 6 of 1963, s. 3.]
**Manipur**
In the Schedule to the Principal Act, for the word, figures and letter, “Section 120 B”, the words, figures
and letter, “Sections 120 B, 121 to 130” shall be substituted.
[Vide Manipur Act 11 of 1983, s. 4]
1. Ins. by S.O. 4207, dated 20thNovember, 1984.
2. Subs. by Notification No. S.O.1808(E), dated 05-08-2011.
3. Ins. by S.O. 967, dated 8th April, 1995.
4. Subs. by Notification No. S.O.1955(E) dated 20.06.2017
5. Ins. by Notifications No. S.O.143(E), dated 27th June, 2012.
6. Ins.by Notification No. S.O.251(E), dated 25-01-2017.
7. Ins. by Notification No. S.O.6362(E), dated 28-12-2018.
64
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THE SECOND SCHEDULE
(See section 7)
MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS
1. The propriety or legality of an order passed by an employer under the standing orders;
2. The application and interpretation of standing orders;
3. Discharge or dismissal of workmen including re-instatement of, or grant of relief to, workmen
wrongfully dismissed;
4. Withdrawal of any customary concession or privilege;
5. Illegality or otherwise of a strike or lock-out; and
6. All matters other than those specified in the Third Schedule.
____________
65
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THE THIRD SCHEDULE
(See section 7A)
MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS
1. Wages, including the period and mode of payment;
2. Compensatory and other allowances;
3. Hours of work and rest intervals;
4. Leave with wages and holidays;
5. Bonus, profit sharing, provident fund and gratuity;
6. Shift working otherwise than in accordance with standing orders;
7. Classification by grades;
8. Rules of discipline;
9. Rationalisation;
10. Retrenchment of workmen and closure of establishment; and
11. Any other matter that may be prescribed.
___________________
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THE FOURTH SCHEDULE
(See section 9A)
CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN
1. Wages, including the period and mode of payment;
2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit
of the workmen under any law for the time being in force;
3. Compensatory and other allowances;
4. Hours of work and rest intervals;
5. Leave with wages and holidays;
6. Starting, alteration or discontinuance of shift working otherwise than in accordance with standing
orders;
7. Classification by grades;
8. Withdrawal of any customary concession or privilege or change in usage;
9. Introduction of new rules of discipline, or alteration of existing rules, except in so far as they are
provided in standing orders;
10. Rationalisation, standardisation or improvement of plant or technique which is likely to lead to
retrenchment of workmen;
11. Any increases or reduction (other than casual) in the number of persons employed or to be employed
in any occupation or process or department or shift, [1][not occasioned by circumstances over which
the employer has no control].]
______________
1. Subs. by Act 36 of 1964, s. 23, for “not due to forced matters” (w.e.f. 19-12-1964).
67
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1[THE FIFTH SCHEDULE
[See section 2(ra)]
UNFAIR LABOUR PRACTICES
I.—On the part of employers and trade unions of employers
1. To interfere with, restrain from, or coerce, workmen in the exercise of their right to organise, form,
join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or
other mutual aid or protection, that is to say:—
(a) threatening workmen with discharge or dismissal, if they join a trade union;
(b) threatening a lock-out or closure, if a trade union is organised;
(c) granting wage increase to workmen at crucial periods of trade union organisation, with a
view to undermining the efforts of the trade union organisation.
2. To dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is
to say:—
(a) an employer taking an active interest in organising a trade union of his workmen; and
(b) an employer showing partiality or granting favour to one of several trade unions attempting
to organise his workmen or to its members, where such a trade union is not a recognised trade
union.
3. To establish employer sponsored trade unions of workmen.
4. To encourage or discourage membership in any trade union by discriminating against any
workman, that is to say:—
(a) discharging or punishing a workman, because he urged other workmen to join or organise a
trade union;
(b) discharging or dismissing a workman for taking part in any strike (not being as trike which is
deemed to be an illegal strike under this Act);
(c) changing seniority rating of workmen because of trade union activities;
(d) refusing to promote workmen to higher posts on account of their trade union activities;
(e) giving unmerited promotions to certain workmen with a view to creating discord amongst
other workmen, or to undermine the strength of their trade union;
(f) discharging office-bearers or active members of the trade union on account of their trade
union activities.
5. To discharge or dismiss workmen—
(a) by way of victimisation;
(b) not in good faith, but in the colourable exercise of the employer's rights;
(c) by falsely implicating a workman in a criminal case on false evidence or on concocted
evidence;
(d) for patently false reasons;
(e) on untrue or trumped up allegation of absence without leave;
(f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with
undue haste;
1. Ins. by Act 46 of 1982, s. 23 (w.e.f. 21-8-1984).
68
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(g) for misconduct of a minor or technical character, without having any regard to the nature of
the particular misconduct or the past record or service of the workman, thereby leading to a
disproportionate punishment.
6. To abolish the work of a regular nature being done by workmen, and to give such work to
contractors as a measure of breaking a strike.
7. To transfer a workman _mala fide from one place to another, under the guise of following_
management policy.
8. To insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a
pre-condition to allowing them to resume work.
9. To show favouritism or partiality to one set of workers regardless of merit.
10. To employ workmen as “badlis”, casuals or temporaries and to continue them as such for years,
with the object of depriving them of the status and privileges of permanent workmen.
11. To discharge or discriminate against any workman for filing charges or testifying against an
employer in any enquiry or proceeding relating to any industrial dispute.
12. To recruit workmen during a strike which is not an illegal strike.
13. Failure to implement award, settlement or agreement.
14. To indulge in acts of force or violence.
15. To refuse to bargain collectively, in good faith with the recognised trade unions.
16. Proposing or continuing a lock-out deemed to be illegal under this Act.
II.—On the part of workmen and trade unions of workmen
1. To advise or actively support or instigate any strike deemed to be illegal under this Act.
2. To coerce workmen in the exercise of their right to self-organisation or to join a trade union or
refrain from joining any trade union, that is to say:—
(a) for a trade union or its members to picketing in such a manner that non-striking workmen are
physically debarred from entering the work place;
(b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with
a strike against non-striking workmen or against managerial staff.
3. For a recognised union to refuse to bargain collectively in good faith with the employer.
4. To indulge in coercive activities against certification of a bargaining representative.
5. To stage, encourage or instigate such forms of corrective actions as willful “go slow”, squatting on
the work premises after working hours or “gherao” of any of the members of the managerial or other
staff.
6. To stage demonstrations at the residence of the employers or the managerial staff members.
7. To incite or indulge in willful damage to employer's property connected with the industry.
8. To indulge in acts of force or violence or to hold out threats of intimidation against any workman
with a view to prevent him from attending work.]
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**STATE AMENDMENT**
**Andhra Pradesh**
In Schedule V
In the Fifth Schedule, under the heading II on the part of workmen and trade unions of workmen,
to item 5, the following explanation shall be added namely:—
“Explanation:—For the purpose of this paragraph, 'go slow' means any such activity by any
number of persons, employed in any industry, acting in combination or with common understanding,
to slow down or to delay the process of production or work purposely whether called by work to rule
or by any other name so as the fixed or average or normal level of production or work or output of
workman or workmen of the establishment is not achieved:
Provided that all necessary ingredients or inputs for standard quality production or work are made
available in time and in sufficient quantity.”.
[Vide Andhra Pradesh Act 12 of 2015, s. 4]
**Rajasthan**
**Amendment of Fifth Schedule, Central Act No. 14 of 1947.- After the existing paragraph 5 of Part**
II to the Fifth Schedule of the principal Act, the following shall be added, namely:
**Explanation.- For the purpose of this paragraph, ‘go slow’ means any such activity by any number of**
persons, employed in any industry, acting in combination or with common understanding, to slow down
or to delay the process of production or work purposely whether called by work to rule or by any other
name, so as the fixed or average or normal level of production or work or output of workman or workmen
of the establishment is not achieved:
Provided that all necessary ingredients or inputs for standard quality production or work are made
available in time and in sufficient quantity.”.
[Vide Rajasthan Act 21 of 2014, s. 10]
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|
20-Mar-1947 | 15 | The Armed Forces (Emergency Duties) Act, 1947 | https://www.indiacode.nic.in/bitstream/123456789/1419/1/AAA1947____15.pdf | central | # THE ARMED FORCES (EMERGENCY DUTIES) ACT, 1947
________
ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title and extend.
2. Emergency duties of Armed Forces.
3. Validation of certain past commands.
1
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# THE ARMED FORCES (EMERGENCY DUTIES) ACT, 1947
ACT NO. 15 OF 1947[1]
[20th March, 1947.]
# An Act to enable duties in connection with vital services to be imposed in an emergency on an
Armed Forces [2]* * *.
WHEREAS it is expedient to enable duties in connection with vital services to be imposed in the
emergency on the Armed Forces [2]* * *.
It is hereby enacted as follows:—
**1. Short title and extend.—[3]* * * This Act may be called the Armed Forces (Emergency Duties)**
Act, 1947.
4* * * * * *
**2. Emergency duties of Armed Forces.—(1) The Central Government may, by notification in the**
Official Gazette, declare any specified service [5][in a State] to be a service of vital importance to the
community:
Provided that such notification shall remain in force for one month in the first instance, but may be
extended, from time to time, by a like notification.
(2) Upon a declaration being made under sub-section (1) and until it is rescinded, it shall be the duty
of every person subject to [6][the Army Act, 1950 (46 of 1950) or the Air Force Act, 1950 (45 of 1950)],
or [7]* * * [8][the Navy Act, 1957 (62 of 1957)], to obey any command given by any superior officer in
relation to employment upon or in connection with the service specified in the declaration; and every such
command shall be deemed to be a lawful command within the meaning and for the purposes of the
said Acts.
**3. Validation of certain past commands.—Every command given, alter the 30th day of September,**
1946, and before the commencement of this Act, to any person referred to in sub-section (2) of section 2
by any superior officer in relation to employment upon or in connection with any such service as the
central Government may, by notification in the Official Gazette, specify in his behalf, shall be deemed to
have been a lawful command within the meaning and for the purposes of the Acts referred to in that
sub-section, so, however, that no such person shall be punished by reason only of his not having obeyed
any such command.
1. The Act was extended to the new Provinces and merged States by the Merged States (Laws) Act, 1949 (59 of 1949), s. 3
and Schedule to the States of Manipur, Tripura and Vindhya Pradesh by the Part C States (Laws) Act, 1950 (30 of 1950), s. 3,
in Pondicherry on 1-10-1963 _vide Reg. 8 of 1965, s. 3 and the Schedule I; to Lakshdeep (w.e.f.1-10-1987);_ _vide Reg. 8 of_
1965, s. 3 and Schedule, to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule (w.e.f. 31-11963) and in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule.
2. The words “of the Crown” omitted by the A.O. 1950.
3. The brackets and figure “(1)” omitted by Act 4 of 1948, s. 2.
4. Omitted by s. 2, ibid.
5. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “in a Part A State or a Part C State or, if so requested by the Government of
a Part B State any specified service in that State”.
6. Subs. by s. 3 and the Schedule, ibid., for “the Indian Army Act, 1911, or the Indian Air Force Act, 1932”.
7. The words “the Naval Discipline Act, in the form in which it is set forth in the First Schedule to” omitted by the A.O. 1950.
8. Subs. by Act 58 of 1960, s. 3 and the Second Schedule, for “the Indian Navy (Discipline) Act, 1934”.
2
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|
18-Apr-1947 | 24 | The Rubber Act, 1947 | https://www.indiacode.nic.in/bitstream/123456789/1563/5/A1947-24.pdf | central | # THE RUBBER ACT, 1947
# _______
# ARRANGEMENT OF SECTIONS
# _________
# SECTIONS
1. Short title and extent.
2. Declaration as to expediency of Union control.
3. Definitions.
4. Constitution of the Board.
5. Vacancies in the Board.
6. Salary and allowances of Chairman.
6A. Executive Officers of the Board.
7. Committees of the Board.
8. Functions of the Board.
8A. Power of the Board to import rubber for sale, or to purchase rubber in the internal market.
8B. Consultation with the Board.
9. Funds of the Board.
9A. General fund.
9B. Pool fund.
10. Registration.
11. Power to prohibit or control imports and exports of rubber.
12. Imposition of new rubber cess.
13. Power to fix maximum and minimum prices for sale of rubber.
14. Licensing of transactions in rubber.
15. Provisions regarding licences under section 14.
16. Restriction on possession of rubber.
17. Licences for planting or replanting.
18. Reports to be submitted by licencees.
19. Fees for special licences.
20. Submission of returns and maintenance of accounts.
21. Inspection of land and premises.
22. Control by the Central Government.
22A. Power of Central Government to issue directions to Board.
23. Appeal.
24. Accounts of the Board.
24A. Power to delegate.
25. Power of Central Government to make rules.
25A. Power to make regulations.
26. Penalties.
26A. Compounding of offences.
26B. Adjudication of penalties.
27. Procedure for prosecutions.
27A. Jurisdiction of Courts.
28. Bar of legal proceedings.
29. [Omitted.]
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# THE RUBBER ACT, 1947
# ACT NO. 24 OF 1947[1]
[18th April, 1947.]
# An Act to provide for the development [2][under the control of the Union] of the rubber industry
3
***.
WHEREAS it is expedient to provide for the development [2][under the control of the Union] of the
rubber industry [3]***;
It is hereby enacted as follows:—
**1. Short title and extent.—(1) This Act may be called the Rubber [4]*** Act, 1947.**
(2) It extends to the whole of India [5][except the State of Jammu and Kashmir*.]
**6[2. Declaration as to expediency of Union control.—It is hereby declared that it is expedient in the**
public interest that the Union should take under its control the rubber industry.]
**3. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) “Board” means the [7]*** Rubber Board constituted under this Act;
(b) “dealer”, means any person who deals in rubber, whether wholesale or retail, or holds stocks
of rubber, and includes the representative or agent of a dealer;
(c) “estate” means any area administered as one unit which contains land planted with rubber
plants;
8[(cc) “Executive Director” means the Executive Director appointed under this Act;]
(d) “export” and “import” mean respectively taking out of, and bringing into [9][India] by sea, land
or air;
10[(dd) “India” means the territory of India excluding the State of Jammu and Kashmir*;]
(e) “manufacturer” means any person engaged in the manufacture of any article in the making of
which rubber is used;
(f) “owner” includes any agent of an owner and a mortgagee in possession and a lessee of an
estate;
(g) “prescribed” means prescribed by rules made under this Act;
11[(ga) “processor” means a person who undertakes the processing of rubber;]
(h) “rubber” means—
(i) crude rubber, that is to say, rubber prepared from the leaves, bark or latex of any rubber
plant;
1. The Act has been extended to Pondicherry on 1-10-1963 vide Reg. 7 of 1963, s. 3 and the First Schedule and to Dadra and
Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and First Schedule.
2. Subs. by Act 54 of 1954, s. 2, for “under central control” (w.e.f. 1-8-1955).
3. The words “so far as regards the production and marketing of rubber, and for regulating export and import of rubber” omitted
by s. 2, ibid. (w.e.f. 1-8-1955).
4. The brackets and words “(Production and Marketing)” omitted by s. 3, ibid. (w.e.f. 1-8-1955).
5. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “except Part B States” (w.e.f. 1-4-1951).
6. Subs. by Act 54 of 1954, s. 4, for section 2 (w.e.f. 1-8-1955).
7. The word “Indian” omitted by s. 5, ibid. (w.e.f. 1-8-1955).
8. Ins. by Act 54 of 1982, s. 2 (date to be notified).
9. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States” (w.e.f. 1-4-1951).
10. Ins. by s. 3 and Schedule, ibid. (w.e.f.1-4-1951).
11. Ins. by Act 4 of 2010, s. 2 (date to be notified).
*. Vide Notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
2
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(ii) the latex of any rubber plant whether fluid or coagulated, in any stage of the treatment to
which it is subjected during the process of conversion into rubber;
(iii) latex (dry rubber content) in any state of concentration,
and includes scrap rubber, sheet rubber, rubber in powder and all forms and varieties of crepe rubber, but
does not include rubber contained in any manufactured article;
(i) “rubber plant” includes plants, trees, shrubs or vines of any of the following:—
(i) Hevea Braziliensis (Para Rubber),
(ii) Manihot Glaziovii (Ceara Rubber),
(iii) Castillio elastica,
(iv) Ficus elastica (Rambong), and
(v) any other plant which the Board may, by notification in the Gazette of India, declare to be
a rubber plant for the purposes of this Act;
(j) “Rubber Production Commissioner” means the Rubber Production Commissioner appointed
under this Act;
1[(k) “small grower” means an owner whose estate does not exceed 2[fifty acres] in area.]
**4. Constitution of the Board.—(1) As soon as may be after the commencement of this Act, the**
Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a
Board to be called the [3]*** Rubber Board.
[(2) The Board shall be a body corporate by the name of [3]*** Rubber Board having perpetual](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=55538&iActID=1438#f1)
succession and a common seal with power to acquire and hold property, both movable and immovable
and to contract, and shall by the said name sue and be sued.
4[(3) The Board shall consist of—
(a) a Chairman to be appointed by the Central Government;
5[(b) two members to represent the State of 6[Tamil Nadu], one of whom shall be a person
representing rubber producing interests;
(c) eight members to represent the State of Kerala, six of whom shall be persons representing the
rubber producing interests, three of such six being persons representing the small growers;]
(d) ten members to be nominated by the Central Government, of whom two shall represent the
manufacturers and four labours;
7[(da) three members to be nominated by the Central Government of whom two shall be from the
Department of Commerce and one from the Department of Agriculture and Co-operation;]
(e) three members of Parliament of whom two shall be elected by the House of the People and
one by the Council of States; [8][and]
9[(ee) the Executive Director, ex officio; and]
(f) the Rubber Production Commissioner, ex officio.
1. Ins. by Act 54 of 1954, s. 5 (w.e.f. 1-8-1955).
2. Subs. by Act 4 of 2010, s. 2, for “ten hectares” (date to be notified).
3. The word “Indian” omitted by Act 54 of 1954, s. 6 (w.e.f. 1-8-1955).
4. Subs. by s. 6, ibid., for sub-sections (3), (4) and (5) (w.e.f. 1-8-1955).
5. Subs. by Adaption of Laws (No. 3) Order, 1956, clauses (b) and (c).
6. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subject) Order, 1970, for “Madras”
(w.e.f. 14-1-1969).
7. Ins. by Act 4 of 2010, s. 3 (date to be notified).
8. Omitted “and” by Act 54 of 1982, s. 3 (date to be notified).
9. Ins. by s. 3, ibid. (date to be notified).
3
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(4) The persons to represent the States of [1][Tamil Nadu] and [2][Kerala] shall be elected or nominated
as may be prescribed.
(5) Any officer of the Central Government when deputed by that Government in this behalf shall have
the right to attend the meetings of the Board and take part in the proceedings thereof but shall not be
entitled to vote.
(6) The Board shall elect from among its members a Vice-Chairman who shall exercise such of the
powers, and perform such of the functions of the Chairman as may be prescribed or as may be delegated
to him by the Chairman.
(7) The members of the Board shall receive from the Board such allowances as may be prescribed.
(8) It is hereby declared that the office of member of the Board shall not disqualify its holder for
being chosen as, or for being, a member of either House of Parliament.]
**5. Vacancies in the Board.—(1) If any authority or body fails to make within a reasonable time any**
nomination which it is entitled to make under section 4, the Central Government may itself nominate a
member to fill the vacancy.
(2) Where a member of the Board dies, resigns or is removed, or ceases to reside in India, or becomes
incapable of acting, the Central Government shall, on the recommendation of the authority or body
entitled to nominate the member under section 4, or where such recommendation is not made within a
reasonable time, then on its own initiative, appoint a person to fill the vacancy.
(3) No act done by the Board shall be questioned on the ground merely of the existence of any
vacancy in, or defect in the constitution of the Board.
**3[6. Salary and allowances of Chairman.—4[The Chairman] shall be entitled to such salary and**
allowances and be governed by such conditions of service in respect of leave, pension, provident fund and
other matters as may from time to time be fixed by the Central Government [5][and a person appointed as
the part-time Chairman shall be entitled to such honorarium and allowances, if any, and such other
conditions of service as may from time to time be fixed by the Central Government].
**6A. Executive Officers of the Board.—[6][(1) The Central Government may appoint an Executive**
Director to exercise such powers and perform such duties under the direction of the Board as may be
prescribed or as may be delegated to him by the Chairman.]
7[(1A)] The Central Government shall appoint a Rubber Production Commissioner to exercise such
powers and perform such duties under the direction of the Board as may be prescribed.
(2) The Central Government shall appoint a Secretary to the Board to exercise such powers and
perform such duties under the direction of the Board as may be prescribed or as may be delegated to him
by the Chairman.
(3) [8][The Rubber Production Commissioner] and the Secretary to the Board shall be entitled to such
salaries and allowances and be governed by such conditions of service regarding leave, pension, provident
fund and other matters as may be fixed by the Central Government.]
1. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) 1970, for “Madras”
(w.e.f. 14-1-1969).
2. Subs. by Adaptation of Laws (No. 3) Order, 1956, for “Travancore-Cochin”.
3. Subs. by Act 54 of 1954, s. 7, for section 6 (w.e.f 1-8-1955).
4. Subs. by Act 54 of 1982, s. 4 for “A person appointed as the whole-time Chairman” (date to be notified) .
5. Ins. by s. 4, ibid. (date to be notified).
6. Ins. by s. 5, ibid. (date to be notified).
7. Sub-section (1) shall renumbered as sub-section (1A) thereof (date to be notified) by s. 5, ibid.
8. Subs. by s. 5, ibid., for “the Executive Directors, the Rubber Production Commissioner” (date to be notified).
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(4) [1][The Chairman,] the Rubber Production Commissioner and the Secretary shall not undertake any
work unconnected with their duties under this Act except with the permission of the Central
Government.]
**7. Committees of the Board.—[2]*** - -
(2) The Board may appoint such [3]*** Committees as may be necessary for the efficient performance
of its duties and functions under this Act.
(3) The Board shall have the power to co-opt as members of any Committee appointed under
sub-section (2) such number of persons who are not members of the Board, as it may think fit.
(4) The Board may appoint and authorize agents to discharge on its behalf any of its functions in
relation to the marketing or storing of rubber.
**8. Functions of the Board.—(1) It shall be the duty of the Board to promote by such measures as it**
thinks fit the development of the rubber industry [4]***.
(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein
may provide for—
(a) undertaking, assisting or encouraging scientific, technological and economic research;
(b) training students in improved methods of planting, cultivation, manuring and spraying;
(c) the supply of technical advice to rubber growers;
(d) improving the marketing of rubber;
5[(da) improving the quality of rubber and implementing the standards for quality marking,
labeling and packing for the rubber produced or processed in, imported into or exported from, India;]
(e) the collection of statistics from owners of estates, dealers, [6][and manufacturers];
7[(f) securing better working conditions and the provisions and improvement of amenities and
incentives for workers;
(g) carrying out any other duties which may be vested in the Board under rules made under this
Act.]
(3) It shall also be the duty of the Board—
(a) to advise the Central Government on all matters relating to the development of the rubber
industry, including the import and export of rubber;
(b) to advice the Central Government with regard to participation in any international Conference
or scheme relating to rubber;
(c) to submit to the Central Government and such other authorities as may be prescribed
8[half-yearly reports] on its activities and the working of this Act;
(d) to prepare and furnish such other reports relating to the rubber industry as may be required by
the Central Government from time to time.
**9[8A. Power of the Board to import rubber for sale, or to purchase rubber, in the internal**
**market.—It shall be lawful for the Board with the previous approval of the Central Government to**
1. Subs. by by 54 of 1982, s. 5 for “Chairman, if whole-time, the Executive Director” (date to be notified).
2. Sub-section (1) omitted by Act 54 of 1954, s. 8 (w.e.f. 1-8-1955).
3. The word “other” omitted by s. 8, ibid. (w.e.f. 1-8-1955).
4. The words “so far as regards the production and marketing of rubber” omitted by s. 9, ibid. (w.e.f. 1-8-1955).
5. Ins. by Act 4 of 2010, s. 4 (date to be notified).
6. Subs. by s. 4, ibid., for “manufactures and processors” (date to be notified).
7. Ins. by Act 54 of 1954, s. 9 (w.e.f. 1-8-1955).
8. Subs. by Act 4 of 2010, s. 4 for “annual report” (date to be notified).
9. Ins. by Act 54 of 1954, s. 10 (w.e.f. 1-8-1955).
5
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import rubber for sale, or to purchase rubber, in the internal market at such prices as the Central
Government may fix.
**8B. Consultation with the Board.—Before taking any action touching the affairs of the Board under**
this Act, the Central Government shall ordinarily consult the Board:]
Provided that no action taken by the Central Government shall be invalid or called in question merely
on the ground that the action was taken without such consultation.]
1[9. Funds of the Board.—(1) The Indian Rubber Production Board constituted under the Rubber
Control and Production Order, 1946, is hereby dissolved, and all funds and other property vested in, and
all liabilities of, that Board shall respectively vest in, and be liabilities of, the Board constituted under this
Act.
2[(2) The Board shall maintain two funds, a general fund and a pool fund.]
[3][9A. General fund.—(1) To the general fund shall be credited—
(a) all sums forming the funds of the Board immediately before the commencement of the Rubber
(Production and Marketing) Amendment Act, 1954 (54 of 1954);
(b) all amounts paid to the Board by the Central Government under sub-section (7) of section 12.
(2) The general fund shall be applied—
(a) to meet the expenses of the Board;
(b) to meet the costs of the measures referred to in section 8;
(c) to meet the expenditure incurred in the performance of its functions under this Act or under
rules made thereunder; and
(d) for making such grants to rubber estates or for meeting the cost of such other assistance to
rubber estates as the Board may think necessary for the development of such estates.
**9B. Pool fund.—(1) To the pool fund shall be credited—**
(a) all sums realized by sales of rubber imported or purchased under section 8A;
1. Subs. by Act 4 of 2010, s. 5 for Sections 9, 9A and 9B to read us under (date to be notified).
**“[9. Rubber Development Fund.—(1) There shall be a fund to be called the Rubber Development Fund and there shall be**
credited,—
(a) all sums forming the funds of the Board immediately before the commencement of the Rubber (Amendment)
Act, 2009;
(b) the proceeds of cess paid to the Board by the Central Government under sub-section (7) of section 12;
(c) any sum of money that may be paid to the Board by way of grants or loans by the Central Government;
(d) internal and extra budgetary resources of the Board;
(e) all moneys received and collected under section 26A; and
(f) any other sum that may be levied and collected under this Act and the rules made thereunder.
(2) The Rubber Development Fund shall be applied—
(a) to meet the expenses of the Board;
(b) to meet the cost of the measures referred to in section 8;
(c) to meet the expenditure incurred in the performance of its functions under this Act or the rules made thereunder;
(d) to meet the expenditure for rehabilitation of small growers; and
(e) for making such grants to rubber estates or for meeting the cost of such other assistance to rubber estates as the
Board may think necessary for the development of such estates.”.
2. Subs. by Act 54 of 1954, s. 11, for sub-section (2) (w.e.f. 1-8-1955).
3. Ins. by s. 12, ibid. (w.e.f. 1-8-1955).
6
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(b) any other sum which the Board may, with the previous approval of the Central Government,
transfer from the general fund to the pool fund.
(2) The pool fund shall be applied only to the rehabilitation of small growers in such manner as may
be prescribed.]
**1[10. Registration.—(1) Every person owning land planted with rubber plants, whether such land is**
comprised in one estate or in more than one estate and whether it is situated wholly or only partly in
2[India], shall, before the expiry of one month from the date of commencement of this Act, apply to the
Board to be registered as an owner in respect of each estate owned by him.]
(2) A registration once made shall continue in force until it is cancelled by the Board.
**11. Power to prohibit or control imports and exports of rubber.—(1) The Central Government**
may,[3]*** by order published in the Official Gazette, make provision for prohibiting, restricting or
otherwise controlling the import or export of rubber, either generally or in specified classes of cases.
(2) All goods to which any order under sub-section (1) applies shall be deemed to be goods of which
the import or export has been prohibited or restricted under section 19 of the Sea Customs Act, 1878
(8 of 1878), and all the provisions of that Act shall have effect accordingly, except that section 183
thereof shall have effect as if for the word “shall” therein the word “may” were substituted.
(3) If any person contravenes any order made under sub-section (1) he shall, without prejudice to any
confiscation or penalty to which he may be liable under the provisions of the Sea Customs Act, 1878
(8 of 1978), as applied by sub-section (2), be punishable with [4][penalty which may extend to one lakh
rupees or cancellation of licence issued under section 14, or with both].
**5[12. Imposition of new rubber cess.—(1) With effect from such date as the Central Government**
may, by notification in the Official Gazette, appoint, there shall be levied as a cess for the purposes of this
Act, a duty of excise on all rubber produced in India at such rate, not exceeding [6][two rupees] per
kilogram of rubber so produced, as the Central Government may fix.
(2) The duty of excise levied under sub-section (1) shall be collected by the Board in accordance with
rules made in this behalf either from the owner of the estate on which the rubber is produced or from the
manufacturer by whom [7][such rubber is used.]
8[Provided that the Central Government may, if considered necessary in the public interest, by order
for reasons to be recorded in writing, exempt or reduce the duty of excise on rubber exported on such
terms and conditions as it deems fit:
Provided further that the Central Government may, by notification in the Official Gazette, specify
zero paisa per kilogram as the rate of duty of excise on natural rubber produced in India and procured for
export by the exporters of natural rubber for the period from the 1st April, 1961 to the 31st August, 2003.]
9[(3) The owner or, as the case may be, the manufacturer shall pay to the Board the amount of the
duty within one month from the date on which he receives a notice of demand therefor from the Board
1. Section 10 omitted by Act 4 of 2010, s. 6 (date to be notified).
2. Subs. by Act 3 of 1951, s. 3 and Schedule, for “the States” (w.e.f. 1-4-1951).
3. The words “after consulting the Board” omitted by Act 54 of 1954, s. 13 (w.e.f. 1-8-1955).
4. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 9-8-2024).
5. Subs. by Act 21 of 1960, s. 2, for section 12 (w.e.f. 1-11-1960).
6. Subs. by Act 33 of 1994, s. 2, for “fifty naye paise” (w.e.f. 19-5-1994).
7. Subs. by Act 4 of 2010, s. 7 for “such rubber is used or from the exporter by whom such rubber is exported”
(date to be notified)
8. Subs. by Act 4 of 2010, s. 7 for the provisions (date to be notified).
9. Ins. by s. 7, ibid. to read as under (date to be notified).
“(3) Subject to the provisions of this Act, every owner, exporter or the manufacturer, as the case may be, shall pay the duty
of excise to the Board in the manner and for the period referred to in sub-section (4) and, if he fails to do so, the duty may be
recovered with the cost of collection and interest at such rates, as may be prescribed, from the owner, exporter or the
manufacturer, as the case may be, as an arrear of the land revenue.”.
7
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and, if he fails to do so, the duty may be recovered from the owner or the manufacturer, as the case may
be, as an arrear of land revenue.]
(4) For the purpose of enabling the Board to assess the amount of the duty of excise levied under this
section—
(a) the Board shall, by notification in the Official Gazette, fix a period in respect of which
assessments shall be made; and
(b) without prejudice to the provisions of section 20, every owner and every manufacturer shall
furnish to the Board a return not later than [1][fifteen days] after the expiry of the period to which the
return relates, stating,—
(i) in the case of an owner, the total quantity of rubber produced on the estate in each such
period:
Provided that in respect of an estate situated only partly in India, the owner shall in the said
return show separately the quantity of rubber produced within and outside India;
(ii) in the case of a manufacturer, the total quantity of [2][rubber used] by him in such period
out of the rubber produced in India.
(5) if any [3][owner, exporter or manufacturer] fails to furnish, within the time prescribed, the return
referred to in sub-section (4) or furnishes a return which the Board has reason to believe is incorrect or
defective, the Board may assess the amount of the duty of excise in such manner as may be
prescribed [4][and collect the cess from the owner, exporter or the manufacturer, as the case may be, after
issuing a notice and after making such enquiry as it considers necessary, with such rate of interest as fixed
under sub-section (3):
Provided that where for any reason, the Board finds that an owner, exporter or manufacturer, as the
case may be, has paid cess in excess of what is due from him, it shall be adjusted against the future
payment, if any, from him or shall be refunded to him.]
(6) Any person aggrieved by an assessment made under this section may, within three months of the
service of the notice under sub-section (3), apply to the District Judge for the cancellation or modification
of the assessment, and the District Judge shall, after giving the Board an opportunity of being heard, pass
such order (which shall be final) as he thinks proper.
(7) The proceeds of the duty of excise collected under this section reduced by the cost of collection as
determined by the Central Government shall first be credited to the Consolidated Fund of India, and then
be paid by the Central Government to the Board for being utilised for the purposes of this Act, if
Parliament by appropriation made by law in this behalf so provides.]
**13. Power to fix maximum and minimum prices for sale of rubber.—(1) The Central Government**
may [5][, if it deems necessary,] [6]*** by order published in the official Gazette, fix the maximum price or
the minimum price or the maximum and minimum prices to be charged, in the course of a business of any
class specified in the order, for rubber of any description so specified.
(2) Any such order may fix different maximum or minimum prices to be charged in the course of
businesses of different classes for the same description of rubber.
**7* * * * ***
1. Subs. by Act 4 of 2010, s. 7 for “thirty days” (date to be notified).
2. Subs. by s. 7, ibid., for “rubber acquired” (date to be notified).
3. Subs. by s. 7, ibid., for “owner or manufacturer” (date to be notified).
4. Ins. by s. 7, ibid. (date to be notified).
5. Ins. by s. 8, ibid. (date to be notified).
6. The words, brackets and figures “after consulting the Rubber Price Advisory Committee constituted under sub-section (1) of section 7” omitted
by Act 54 of 1954, s. 15 (w.e.f. 1-8-1955).
7. Sub-section (3) omitted by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024).
8
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**14. Licensing of transactions in rubber.—No person shall sell or otherwise dispose of and no**
person shall buy or otherwise acquire, rubber except under and in accordance with the terms of a general
or special licence issued by the Board:
1* - - -
**15. Provisions regarding licences under section 14.—(1) Every general licence issued under**
section 14 shall be published by the Board in the Gazette of India and in such newspapers as the Board
may direct.
(2) A special licence issued under section 14 shall be valid only for such period as may be specified
therein:
Provided that the Board may from time to time extend the period of validity of any such licence.
(3) The Board may at any time for reasons to be recorded by it in writing revoke a special licence
granted under section 14, and on such revocation it shall be returned to the Board by the person to whom
it was issued.
(4) No application for a special licence made by a person who was carrying on business as a dealer or
manufacturer immediately before the commencement of this Act shall be rejected by the Board except for
special reasons to be recorded in writing.
**16. Restriction on possession of rubber.—(1) No person not being the owner or occupant of an**
estate or a person who has acquired rubber under a general or special licence issued by the Board under
section 14 shall have any rubber in his possession.
(2) Any Court trying a contravention of sub-section (1) may, without prejudice to the provisions of
section 26, direct that any rubber in respect of which the Court is satisfied that such contravention has
been committed shall be forfeited to Government.
2[17. Licences for planting or replanting.—(1) No person shall plant or replant rubber except under
and in accodance with the conditions of a special licence issued by the Board.
(2) A licence issued under this section shall specify the area in which rubber may be planted or
replanted and the period for which the licence shall be valid.
(3) No licence issued under this section shall be transferable except with the land to which it relates.]
3[18. Reports to be submitted by licencees.—(1) Every holder of a licence issued under section 17
shall, at such times as the Board may require, furnish to it a report specifying the areas newly planted or
replanted during the period to which the report relates and containing such other particulars as may be
required by the Board.
(2) The Board may revoke any licence issued under section 17, if it is satisfied that the licence was
obtained by misrepresentation or fraud or if the licence contravenes any of the terms of the licence or if
the licence fails to submit the report referred to in sub-section (1).]
**19. Fees for special licences.—The Board may levy such fees as may be prescribed for the issue and**
renewal of special licences under section 14, [4][section 15 or section 17].
1. Proviso omitted by Act 50 of 1949, s. 2 (w.e.f. 8-12-1949).
2. Substituted by Act 4 of 2010, s. 9, for section 17 (date to be notified) read as under:
“17. Implementation of standards for quality, marking, etc., for rubber.—(1) The Board shall implement the standards
for quality, marking, labelling and packing for various marketable forms of rubber, for the rubber produced or processed in,
imported into or exported from, India.
(2) Any officer of the Board authorised by the Chairman may at any reasonable time inspect the rubber sold or purchased by
any dealer or processor at any factory or other premises of a dealer, processor or manufacturer or exporter for the purpose of
ensuring the compliance of the standards under sub-section (1).”.
3. Section 18 omitted by s. 10, ibid. (date to be notified).
4. Subs. by s. 11, ibid., for “or section 15” (date to be notified).
9
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**20. Submission of returns and maintenance of accounts.—Subject to such exceptions as may be**
prescribed, every owner, every manufacturer, and every holder of a special licence issued under section
14 not being an owner or a manufacturer, shall—
(a) submit to the Board, such returns at such times, in such form, and containing such particulars,
as may be prescribed;
(b) maintain true and correct accounts and other records pertaining to his estate or business, as the
case may be, in such form as may be prescribed;
1[(c) permit any person authorized in this behalf by the Central Government or by the Board or
any member of the Board authorized by the Chairman in writing or any officer of the Board to inspect
the accounts and records referred to in clause (b)].
**2[21. Inspection of land and premises.—Any person authorized in this behalf by the Central**
Government or by the Board or any member authorized by the Chairman in writing or [3][any officer of the
Board may] at any reasonable time inspect any place of business of a dealer or any factory or other
premises of a [4][manufacturer, for] the purpose of verifying any statement or return submitted under this
Act or for any other purposes of this Act.]
**22. Control by the Central Government.—(1) All acts of the Board shall be subject to the control**
of the Central Government which may cancel, suspend or modify as it thinks fit any action taken by the
Board.
(2) The records of the Board shall be open to inspection at all reasonable times by any officer
authorized in this behalf by the Central Government.
**5[22A. Power of Central Government to issue directions to Board.—(1) Without prejudice to the**
foregoing provisions of this Act, the Board shall, in the discharge of its functions and duties under this
Act, be bound by such directions on questions of policy as the Central Government may give in writing to
it from time to time:
Provided that the Board shall, as far as practicable, be given opportunity to express its views before
any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of the policy or not shall be
final.]
**23. Appeal.—Any person aggrieved by an order of the Board refusing to issue or renew, or revoking,**
a special licence under the provisions of section 14, section 15 or section 17 may, within sixty days of the
making of the order and on payment of the prescribed fee, appeal to the Central Government, and the
decision of the Central Government thereon, and subject only to such decision the order of the Board shall
be final and shall not be called in question in any Court.
**24. Accounts of the Board.—(1) The Board shall keep such accounts, in such manner and in such**
form as may be prescribed, of all moneys received and expended by it.
(2) The Board shall cause the accounts to be audited annually by auditors appointed by the Central
Government, and the auditors shall have the power to disallow any item of expenditure which in their
opinion has not been properly incurred under this Act.
(3) The Central Government may, on the application of the Board, allow any item of expenditure
disallowed by the auditors under sub-section (2).
1. Subs. by Act 54 of 1954, s. 16, for clause (c) (w.e.f. 1-8-1955).
2. Subs. by s. 17, ibid., for section 21 (w.e.f. 1-8-1955).
3. Subs. by Act 4 of 2010, s. 12, for “any officer of the Board authorized by the Chairman may” (date to be notified).
4. Subs. by s. 12, ibid., for “manufacturer or processor, for” (date to be notified).
5. Ins. by s. 13, ibid. (date to be notified).
10
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1[24A. Power to delegate.—The Central Government may, by notification in the Official Gazette,
direct that any power exercisable and functions performed by it under this Act may be exercised and
performed in such cases and subject to such conditions, if any, as may be specified in the notification by
such officer or authority as may be specified therein.]
**25. Power of Central Government to make rules.—(1) The Central Government may, by**
notification in the Official Gazette, make rules to carry out the purposes of this Act.
2[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under
this section may provide for all or any of the following matters, namely:—
(i) principles regulating the nomination of members of the Board by the Central Government
under clause (d) of sub-section (3) of section 4, and the election or nomination of the members
referred to in clauses (b) and (c) thereof:
Provided that before making any nomination in the exercise of its powers the Central Government
shall call for panels of names from the respective associations recognised by it of the interests
referred to in clause (d);
(ii) the term of office of members of the Board, the circumstances in which and the authority by
which members may be removed and the filling of casual vacancies in the Board;
(iii) the procedure to be followed at meetings of the Board and at committees thereof for the
conduct of business, and the number of members which shall form a quorum at any meeting;
(iv) the maintenance by the Board of records of business transacted by the Board, and the submis
sion of copies thereof to the Central Government;
(v) the holding of a minimum number of meetings of the Board every year;
(vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of
expenditure and the powers and duties of [3][the Executive Director,] the Rubber Production
Commissioner and the Secretary of the Board;
(vii) the conditions subject to which the Board may incur expenditure outside India;
(viii) the preparation of budget estimates of receipts and expenditure of the Board and the
authority by which the estimates are to be sanctioned;
(ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such
accounts;
(x) the deposit of the funds of the Board in banks and the investment of such funds;
(xi) the re-appropriation of the estimated savings from any budget head to any other budget head;
(xii) the conditions subject to which the Board may borrow funds;
(xiii) the conditions subject to which and the manner in which contracts may be entered into by or
on behalf of the Board;
(xiv) the delegation to committees or the Chairman or Vice-Chairman or members or officers of
the Board of any of the powers and duties of the Board under this Act;
(xv) the staff which may be employed by the Board and the pay and allowances and leave and
other conditions of service of officers and other employees of the Board;
(xvi) the travelling and other allowances of members of the Board and of committees thereof;
(xvii) the purposes for which the funds of the Board may be expended;
1. Ins. by Act 4 of 2010, s. 14. (date to be notified).
2. Subs. by Act 54 of 1954, s. 18, for sub-section (2) (w.e.f. 1-8-1955).
3. Ins. by s. 6, ibid., (date to be notified).
11
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(xviii) the maintenance of the registers and other records of the Board and of its various commit
tees;
(xix) the collection of any information or statistics in respect of rubber or any product of rubber;
1[(xx) the form of application for registration under section 10 or the cancellation of such
registration, the fee payable on such applications, the procedure to be followed in granting or
cancelling registration and the registers to be kept by the Board;]
2[(xxa) the cases and circumstances in which the duty of excise under section 12 shall be payable
by the owner and the manufacturers respectively, the manner in which the duty may be assessed, paid
or collected, the regulation of the production, manufacture, transport or sale of rubber in so far as
such regulation is necessary for the proper levy, payment or collection of the duty;]
3[(xxb) the cost of collection and the rate of interest to be recovered in case of delayed payment of
duty under sub-section (3) of section 12;]
(xxi) the form of application for special licences under section 14 [4][or section 17], the fees for the
grant or renewal of such licences, and the forms of such licences;
(xxii) the manner in which rubber shall be graded and marketed;
(xxiii) the fee payable on appeals under section 23;
5[(xxiiia) the manner of holding inquiry and imposing penalty under sub-section (1) of
section 26B;
(xxiiib) the form and manner of preferring appeal under sub-section (2) of section 26B;]
(xxiv) any other matter which is to be or may be prescribed.
6[(3) Every rule made under this section shall be laid as soon as may be after it is made before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or in [7][two successive sessions, and if, before the expiry of the session in which it is so laid or the
session immediately following,] both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be, so however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.]]
**8[25A. Power to make regulations.—(1) The Board may, with the previous approval of the Central**
Government, by notification make regulations, not inconsistent with the provisions of this Act and the
rules made thereunder, to carry out its functions.
(2) Every regulation made under sub-section (1) shall be laid before each House of Parliament.]
**26. Penalties.—[9][(1)] If any person—**
(a) contravenes any provision of this Act, other than section 11 or section 13, or any rule made
under this Act, or
(b) in any report or return to be furnished under this Act, makes any statement which is false and
which he knows to be false or does not believe to be true, or
1. Clause (xx) Omitted Act 4 of 2010, s. 15 (date to be notified).
2. Ins. by Act 21 of 1960, s. 3 (w.e.f. 1-11-1960).
3. Ins. by Act 4 of 2010, s. 15 (date to be notified).
4. Omitted by s. 15, ibid., for “or section 17” (date to be notified).
5. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024).
6. Subs. by Act 21 of 1960, s. 3, for sub-section (3) (w.e.f. 1-11-1960).
7. Subs. by Act 54 of 1982, s. 6 “two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid” (date to be notified).
8. Ins.by Act 4 of 2010, s. 16 (date to be notified).
9. Section 26 renumbered as sub-section (1) of thereof by Act 54 of 1954, s. 19 (w.e.f. 1-8-1955).
12
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(c) obstructs any officer of the Board in the discharge of any duty imposed on or entrusted to him
by or under this Act, or
(d) having the control or custody of any account book or other record, fails to produce such book
or record when required by any authorised officer to do so,
he shall be [1][liable to penalty which may extend to fifty thousand rupees].
2[(2) If the person committing any offence under sub-section (1) is a company, every person who at
the time the offence was committed was in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.
(3) Notwithstanding anything contained in sub-section (2), where an offence under sub-section (1)
has been committed by a company and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or
other officer of the company, such director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished accordingly.
_Explanation.—For the purposes of this section—_
(a) “company”, means any body corporate, and includes a firm or other association of
individuals; and
(b) “director” in relation to a firm means a partner in the firm.]
**[3][26A. Compounding of offences.—Notwithstanding anything contained in the Code of Criminal**
Procedure, 1973 (2 of 1974), any offence punishable under this Act may, either before the institution of
prosecution or with the permission of the Court after the institution of the prosecution, be compounded by
the Board on payment to the Board such sum of money as does not exceed the value of the goods in
respect of which contravention has been committed.]
**4[26B. Adjudication of penalties.—(1) For the purposes of adjudging the penalties under**
sub-section (3) of Section 11 and Section 26, the Executive Director shall appoint the Secretary to the
Board or any other officer authorised by the Central Government, as the case may be, to be an
adjudicating officer for holding an inquiry and imposing penalty in the manner as may be prescribed, after
giving any person concerned a reasonable opportunity of being heard.
(2) Whoever is aggrieved by any order of the adjudicating officer may prefer an appeal to the
Executive Director, within a period of sixty days from the date of receipt of such order in such form and
manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the
Executive Director that he had sufficient cause for not preferring the appeal within that period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of
being heard.
(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.
(6) The amount of penalty imposed under sub-section (1), if not paid, may be recovered as an arrear
of land revenue.]
**27. Procedure for prosecutions.—No prosecution for any offence punishable under this Act shall be**
instituted except by or with the consent of the Central Government or the Board.
1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 9-8-2024).
2. Ins. by Act 54 of 1954, s. 19 (w.e.f. 1-8-1955).
3. Ins. by Act 4 of 2010, s. 18 (date to be notified).
4. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024).
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**1[27A. Jurisdiction of Courts.—No Court inferior to that of a Presidency Magistrate or of**
Magistrate of the first class shall try any offence punishable under this Act.]
**28. Bar of legal proceedings.—No suit, prosecution of other legal proceedings shall lie against the**
Board or any officer of the Board for anything in good faith done or intended to be done under this Act.
**29. Temporary powers of the Central Government.—Omitted by the Rubber (Production and**
_Marketing Amendment) Act, 1954 (54 of 1954), s. 21 (w.e.f. 1-8-1955).]_
4. Ins. by Act 54 of 1954, s. 20.
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|
20-Dec-1947 | 46 | The United Nations (Privileges and Immunities) Act, 1947 | https://www.indiacode.nic.in/bitstream/123456789/1697/1/A1947-46.pdf | central | # THE UNITED NATIONS (PRIVILEGES AND IMMUNITIES) ACT, 1947
__________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title.
2. Conferment on United Nations and its representatives and officers and certain privileges and
immunities.
3. Power to confer certain privileges and immunities on other international organisations and their
representatives and officers.
4. Power to make rules.
THE SCHEDULE.
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# THE UNITED NATIONS (PRIVILEGES AND IMMUNITIES) ACT, 1947
ACT NO. 46 OF 1947[1]
[20th December, 1947.]
# An Act to give effect to the Convection on the Privileges and immunities of the United Nations.
WHEREAS it is expedient to give effect to the Convention on the Privileges and Immunities of the
United Nations, and to enable similar privileges and immunities to be enjoyed by other international
organisations and their representatives and officials;
It is hereby enacted as follows:—
**1. Short title.—This Act may be called the United Nations (Privileges and Immunities) Act, 1947.**
**2. Conferment on United Nations and its representatives and officers and certain privileges and**
**immunities.—(1) Notwithstanding anything to the country contained in any other law, the provisions set**
out in the Schedule to this Act of the Convention on the Privileges and Immunities, adopted by the
General Assembly of the United Nations on the 13th day of February, 1946, shall have the force of Law
in India.
(2) The Central Government may, from time to time, by notification in the Official Gazette, amend
the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the said
Convention set out therein.
**3. Power to confer certain privileges and immunities on other international organisations and**
**their representatives and officers.—Where in pursuance of any international agreement, convention or**
other instrument it is necessary to accord to any international organisation and its representatives and
officers privileges and immunities in India similar to those contained in the provisions set out in the
Schedule, the Central Government may, by notification in the Official Gazette, declare that the provisions
set out in the schedule shall, subject to such modification, if any it may consider necessary or expedient
for giving effect to the said agreement, convention or other instrument, apply _mutatis mutandis to the_
international organisation specified in the notification and its representatives and officers, and thereupon
the said provisions shall apply accordingly and, notwithstanding anything to the contrary contained in any
other law, shall in such application have the force of law in India.
**4. Power to make rules.—[2][(1)] The Central Government may** [3][by notification in the Official
Gazette] make rules for carrying out the purposes of this Act.
3[(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
that rule.]
1. This Act has been extended to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule and to the State of
Sikkim (w.e.f. 12-1-1976) vide notification No. G.S.R. 19(E), dated 12-1-1976.
2. Section 4 renumbered as sub-section (1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
3. Ins. by s. 2, ibid. (w.e.f. 15-5-1986).
2
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THE SCHEDULE
(See sections 2 and 3)
ARTICLE I
JURIDICAL PERSONALITY
SECTION 1. The United Nations shall possess juridical personality.
It shall have the capacity:
(a) to contract;
(b) to acquire and dispose of immovable and movable property;
(c) to institute legal proceedings.
ARTICLE II
PROPERTY, FUNDS AND ASSETS
SECTION 2. The United Nations, its property and assets wherever located and by whomsoever held,
shall enjoy immunity from every form of legal process except in so far as in any particular case it has
expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any
measure of execution.
SECTION 3. The premises of the United Nations shall be inviolable. The property and assets of the
United Nations, wherever located and by whomsoever held, shall be immune from search, requisition,
confiscation, expropriation and any other form of interference, whether by executive, administrative,
judicial or legislative action.
SECTION 4. The archives of the United Nations, and in general all documents belonging to it or held
it, shall be inviolable wherever located.
SECTION 5. Without being restricted by financial controls, regulations or moratoria of any kind,
(a) the United Nations shall be free to transfer its funds, gold or currency of any kind and operate
accounts in any currency;
(b) the United Nations shall be free to transfer its funds, gold or currency from one country to
another or within any country and to convert any currency held by it into any other currency.
SECTION 6. In exercising its rights under section 5 above, the United Nations shall pay due regard to
any representations made by the Government of any Member in so far as it is considered that effect can
be given to such representations without detriment to the interests of the United Nations.
SECTION 7. The United Nations, its assets, income and other property shall be:
(a) exempt from all direct taxes; it is understood, however, that the United Nations will not claim
exemption from taxes which are, in fact, no more than charges for public utility services;
(b) exempt from customs duties and prohibitions and restrictions on imports and exports in
respect of articles imported or exported by the United Nations for its official use. It is understood,
however, that articles imported under such exemption will not be sold in the country into which they
were imported except under conditions agreed with the Government of that country;
(c) exempt from customs duties, prohibitions, and restrictions on imports and exports in respect of
its publications.
SECTION 8. While the United Nations will not, as a general rule, claim exemption from excise duties
and from taxes on the sale of movable and immovable property which form part of the price to be
paid, nevertheless when the United Nations is making important purchase of official for official use of
property on which such duties and taxes have been charged or are chargeable. Members will, whenever
possible, make appropriate administrative arrangements for the remission or return of the amount of duty
or tax.
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ARTICLE III
FACILITIES IN RESPECT OF COMMUNICATIONS
SECTION 9. The United Nations shall enjoy in the territory of each Member for its official
communications treatment not less than that accorded by the Government of that member to any other
Government including diplomatic mission in the matter of priorities, rates and taxes on mails, cables,
telegrams, telephotos and telephone and other communications; and press rate for information to the press
and radio. No censorship shall be applied to the official correspondence and other official
communications of the United Nations.
SECTION 10. The United Nations shall have the right to use codes and despatch and receive its
corresponds by courier or in bags, which shall have the same immunities and privileges as diplomatic
couriers and bags.
ARTICLE IV
THE REPRESENTATIVE OF MEMBERS
SECTION 11. Representative of Members to the principal and subsidiary organs of the United Nations
and to conferences convened by the United Nations, shall while exercising their functions and during their
journey to and from the place of meeting, enjoy the following privileges and immunities:
(a) immunity from personal arrest or detention and from seizure of their personal baggage, and, in
respect of words spoken or written and all acts done by them in their capacity as representatives,
immunity from legal process of every kind;
(b) inviolability for all papers and documents;
(c) the right to use codes and to receive papers or correspondence by courier or in sealed bags;
(d) exemption in respect of themselves and their spouses from immigration restrictions, aliens
registration or national service obligations in the state they are visiting or through which they are
passing in the exercise of their functions;
(e) the same facilities in respect of currency or exchange restrictions as are accorded to
representatives of foreign governments on temporary official missions;
(f) the same immunities and facilities in respect of their personal baggage as are accorded to
diplomatic envoys; and also
(g) such other privileges, immunities and facilities not inconsistent with foregoing as diplomatic
envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods
imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes.
SECTION 12. In order to secure, for the representatives of Members to the principal and subsidiary
organs of the United Nations and to conferences convened by the United Nations, complete freedom of
speech and independence in the discharge of their duties, the immunity from legal process in respect of
words spoken or written and all acts done by them in discharging their duties shall continue to be
accorded, notwithstanding that the persons concerned are no longer the representatives of Members.
SECTION 13. Where the incidence of any form of taxation depends upon residence, periods during
which the representatives of Members to the principal and subsidiary organs of the United Nations and to
conference convened by the United Nations are present in a State for the discharge of their duties shall not
considered as period of residence.
SECTION 14. Privileges and immunities are accorded to the representatives of Members not for the
personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their
functions in connection with the United Nations. Consequently a Member not only has the right but is
under a duty to waive the immunity of its representative in any case where in the opinion of the Member
the immunity would impede the court of justice, and it can be waived without prejudice to the purpose for
which the immunity is accorded.
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SECTION 15. The provisions of sections 11, 12 and 13 are not applicable as between a representative
and the authorities of the State of which he is a national or which he is or has been the representative.
SECTION 16. In this article the expression “representative” shall be deemed to included all delegates,
deputy delegates, advisers, technical experts and secretaries of delegations.
ARTICLE V
OFFICIALS
SECTION 17. The Secretary-General will specify the categories of officials to which the provisions of
this Article and Article VII shall apply. He shall submit these categories s to the General Assembly.
Thereafter these categories shall be communicated to the Governments of all members. The name of the
officials included in these categories shall from time to time be made Known to the Government of
Members.
SECTION 18. Officials of the United Nations shall;
(a) be immune from legal process in respect of words spoken for written and all acts performed
by them in their official capacity;
(b) be exempt from taxation on the salaries and emoluments paid of them by the United Nations;
(c) be immune from national service obligations;
(d) be immune, together with their spouses and relatives dependent of them, from immigration
restrictions and alien registration;
(e) be accorded the same privileges in respect of exchange facilities as are accorded to the
officials of comparable ranks forming part of diplomatic missions to the Government concerned;
(f) be given, together with their spouses and relatives dependent on them, the same repatriation
facilities in time of international crisis as diplomatic envoys;
(g) have the right to import free of duty their furniture and effects at the time of first taking up
their post in the country in question.
SECTION 19. In addition to the immunities and privileges specified in section 18, the secretary-general
and all Assistant Secretaries-General shall be accorded in respect of themselves, their spouses and minor
children, the privileges and immunities exemptions and facilities accorded to diplomatic envoys, in
accordance with international law.
SECTION 20. Privileges and immunities are granted to officials in the interests of the United Nations
and not for the personal benefit of the individuals themselves. The Secretary-General shall have the right
and the duty to waive the immunity of any official in any case where, in his opinion, the immunity would
impede the course of justice and can be waived without prejudice to the interests of the United Nations. In
the case of the Secretary-General, the Security Council shall have the right to waive immunity.
SECTION 21. The United Nations shall co-operate at all times with the appropriate authorities of
Members to facilitate the proper administration of justice, secure the observance of police regulations and
prevent the occurrence of any abuse in connection with the privileges, immunities and facilities
mentioned in this Article.
ARTICLE VI
EXPERTS ON MISSIONS FOR THE UNITED NATIONS
SECTION 22. Experts (other than officials coming within the scope of Article V) performing missions
for the United Nations shall be accorded such privileges and immunities as are necessary for the
independent exercise of their functions during the period of their missions, including the time spent on
journeys in connection with their missions. In particular they shall be accorded:
(a) immunity from personal arrest or detention and from seizure of their personal baggage;
(b) in respect of words spoken or written and acts done by them in the course of the performance
of their mission, immunity from legal process of every kind. This immunity from legal process shall
5
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continue to be accorded notwithstanding that the persons concerned are no longer employed on
missions for the United Nations;
(c) inviolability for all papers and documents;
(d) for the purpose of their communications with the United Nations, the right to use codes and to
receive papers or correspondence by courier or in sealed bags;
(e) the same facilities in respect of currency or exchange restrictions as are accorded to
representatives of foreign governments on temporary official missions;
(f) the same immunities and facilities in respect of their personal baggage as are accorded to
diplomatic envoys.
SECTION 23. Privileges and immunities are granted to experts in the interests of the United Nations
and not for the personal benefit of the individuals themselves. The Secretary-General shall have the right
and the duty to waive the immunity of any export in any case where, in his opinion, the immunity would
impede the course of justice and it can be waived without prejudice to the interests of the United Nations.
ARTICLE VII
UNITED NATIONS LAISSEZ-PASSER
SECTION 24. The United Nations may issue United Nations Laissez-passer to its officials. These
laissez-passer shall be recognised and accepted as valid travel documents by the authorities of Members,
taking into account the provisions of section 25.
SECTION 25. Applications for visas (where required) from the holders of United Nations
Laissez-passer, when accompanied by a certificate that they are travelling on the business of the United
Nations, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for
speedy travel.
SECTION 26. Similar facilities to those specified in section 25 shall be accorded to experts and other
persons who, though not the holders of United Nations Laissez-passer, have a certificate that they are
travelling on the business of the United Nations.
SECTION 27. The Secretary-General, Assistant Secretary-General and Directors travelling on United
Nations Laissez-passer on the business of the United Nations shall be granted the same facilities as are
accorded to diplomatic envoys.
SECTION 28. The provisions of this article may be applied to the comparable officials of specialised
agencies if the agreements for relationship made under Article 63 of the charter so provide.
ARTICLE VIII
SETTLEMENT OF DISPUTES
SECTION 29. The United Nations shall make provisions for appropriate modes of settlement of;
(a) disputes arising out of contracts or other disputes of a private law character to which the
United Nations is a party;
(b) disputes involving any official of the United Nations who by reason of his official position
enjoys immunity, if immunity has not been waived by the Secretary-General.
SECTION 30. All differences arising out of the interpretation or application of the present convention
shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have
recourse to another mode of settlement. If a difference arises between the United Nations on the one hand
and a Member on the other hand, a request shall be made for an advisory opinion on any legal question
involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The
opinion given by the Court shall be accepted as decisive by the parties.
6
-----
|
20-Dec-1947 | 43 | The United Nations (Security Council) Act, 1947 | https://www.indiacode.nic.in/bitstream/123456789/1641/1/A1947-43.pdf | central | # THE UNITED NATIONS (SECURITY COUNCIL) ACT, 1947
__________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title.
2. Measures under Art 41 of the Charter of the United Nations.
-----
# THE UNITED NATIONS (SECURITY COUNCIL) ACT, 1947
# ACT NO. 43 OF 1947
[20th December, 1947.]
# An Act to enable effect to be given to certain provisions of the Charter of the United Nations.
WHEREAS it is expedient to enable effect to be given to certain provisions of the Charter of the United
Nations;
It is hereby enacted as follows:—
**1. Short title.—This Act may be called the United Nations (Security Council) Act, 1947.**
**2. Measures under Art 41 of the Charter of the United Nations.—If, under Article 41 of the**
Charter of the United Nations signed at San Francisco on the 26th day of June 1945 the Security Council
of the United Nations calls upon the Central Government to apply any measures, not involving the use of
armed force, to give effect to any decision of that Council, the Central Government may, by order
published in the Official Gazette, make such provisions (including provisions having extra-territorial
operation) as appear to it necessary or expedient for enabling those measures to be effectively applied,
and without prejudice to the generality of the foregoing power, provision may be made for the
punishment of persons offending against the order.
-----
|
31-Dec-1947 | 48 | The Indian Nursing Council Act, 1947 | https://www.indiacode.nic.in/bitstream/123456789/1785/1/194748.pdf | central | # THE INDIAN NURSING COUNCIL ACT, 1947 ________
ARRANGEMENT OF SECTIONS _________
SECTIONS
1. Short title, extent and commencement.
2. Interpretation.
3. Constitution and composition of the Council.
4. Incorporation of the Council.
5. Mode of elections.
6. Term of office and casual vacancies.
7. Meetings.
8. Officers, committees and servants of the Council.
9. The Executive Committee.
10. Recognition of qualifications.
11. Effect of recognition.
12. Power to require information as to courses of study and training and examinations.
13. Inspections.
14. Withdrawal of recognition.
15. Mode of declaration.
15A. Indian Nurses Register.
15B. Supply of copies of State registers.
16. Power to make regulations.
17. [Repealed.]
# THE SCHEDULE.
-----
# THE INDIAN NURSING COUNCIL ACT, 1947*
ACT NO. 48 OF 1947[1]
An Act to constitute an Indian Nursing Council.
[31st December, 1947.]
WHEREAS it is expedient to constitute an Indian Nursing Council in order to establish a uniform
standard of training for nurses, midwives and health visitors;
It is hereby enacted as follows:––
**1. Short title, extent and commencement.––(1) This Act may be called the Indian Nursing Council**
Act, 1947.
2[(2) It extends to the whole of India 3***.]
(3) It shall come into force at once.
**2. Interpretation.––In this Act, unless there is anything repugnant in the subject or context,––**
(a) “the Council” means the [4][Council] constituted under this Act;
(b) “prescribed” means prescribed by regulations made under section 16;”
(c) “[5][State] Council” means a Council (by whatever name called) constituted under the law of a
4[State] to regulate the registration of nurses, midwives or health visitors in the 6[State];
(d) “[4][State] register” means a register of nurses, midwives or health visitors maintained under the
law of a [5][State].
7* - - -
**3. Constitution and composition of the Council.––(1) The Central Government shall, as soon as**
may be, constitute a Council consisting of the following members, namely:––
(a) one nurse enrolled in a [4][State] register elected by each [4][State] Council;
8[(b) two members elected from among themselves by the heads of institutions recognised by the
Council for the purpose of this clause in which training is given––
(i) for obtaining a University degree in nursing; or
(ii) in respect of a post-certificate course in the teaching of nursing and in nursing
administration;]
1. The Act has been extended to Dadra and Nagar, Haveli by Reg. 6 of 1963, s. 2 and the Schedule I; Pondicherry by Reg. 7 of
1963, s. 3 and the Schedule I and Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule.
2. Subs. by Act 45 of 1957, s. 2, for sub-section (2) (w.e.f. 1-12-1958).
3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-102019).
4. Subs. by Act 45 of 1957, s. 3, for “Indian Council of Nursing” (w.e.f. 1-12-1958).
5. Subs. by A.O.1950, for “Provincial”.
6. Subs. ibid., for “Province”.
7. Omitted by Act 45 of 1957, s. 3 (w.e.f. 1-12-1958).
8 . Subs. by s. 4, ibid., for clause (b) (w.e.f. 1-12-1958).
*** Subject to verification and confirmation by the administrative ministry.**
-----
(c) one member elected from among themselves by the heads of institutions in which health
visitors are trained;
(d) one member elected by the Medical Council of India;
(e) one member elected by the Central Council of the Indian Medical Association;
(f) one member elected by the Council of the Trained Nurses Association of India;
1[(g) one midwife or auxiliary nurse-midwife enrolled in a State register, elected by each of the
State Councils in the four groups of States mentioned below, each group of States being taken in
rotation in the following order, namely:––
(i) Kerala, Madhya Pradesh and [2][Uttar Pradesh and Haryana],
(ii) Andhra Pradesh, Bihar, [3][Maharashtra] and Rajasthan,
(iii) [4][Karnataka], Punjab [5][Himachal Pradesh] and West Bengal,
(iv) Assam, [6][Gujarat] [7][Tamil Nadu] and Orissa;]
(h) the Director General of Health Services, ex officio;
(i) the Chief Principal Matron, Medical Directorate, General Headquarters, ex officio;
(j) the Chief Nursing Superintendent, office of the Director General of Health Services, ex officio;
(k) the Director of Maternity and Child Welfare, Indian Red Cross Society, ex officio;
8[(l) the Chief Administrative Medical Officer (by whatever name called) of each State other than
a Union territory, ex officio;]
9[(m) the Superintendent of Nursing services (by whatever name called), ex officio, from each of
the States in the two groups mentioned below, each group of States being taken in rotation in the
following order, namely:––
(i) Andhra Pradesh, Assam, [3][Maharashtra], Madhya Pradesh, [7][Tamil Nadu], Uttar Pradesh
10[West Bengal and Haryana].
(ii) Bihar, [11] [Gujarat], [5][Himachal Pradesh], Kerala, [4][Karnataka], Orissa, Punjab and
Rajasthan;]
(n) four members nominated by the Central Government, of whom at least two shall be nurses,
midwives or health visitors enrolled in [12][State] register and one shall be experienced educationalist;
13[(o) three members elected by Parliament, two by the House of the People from among its
members and the other by the Council of States from among its members.]
1. Subs. by Act 45 of 1957, s. 4, for clause (g) (w.e.f. 1-12-1958).
2. Subs. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968, for “and
Uttar Pradesh” (w.e.f. 1-11-1966).
3. Subs. by the Bombay Reorganisation (Adaptation of Laws on Union Subjects) Order, 1961, for “Bombay” (w.e.f. 1-5-1960).
4. Subs. by Mysore State (Alteration of Name) (Adaptation of Laws on Union Subject) order, 1974, for “Mysore” (w.e.f. 1-111973).
5. Ins. by the State of Himachal Pradesh (Adaptation of Laws on Union Subjects) Order, 1973, (w.e.f. 25-1-1971).
6. Subs. by the Bombay Reorganisation (Adaptation of Laws on Union Subjects) Order, 1961, for “Madras and Orissa”
(w.e.f. 1-5-1960).
7. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order.1970, for “Madras” (w.e.f. 141-1969).
8. Subs. by Act 45 of 1957, s.4, for clause (l) (w.e.f. 1-12-1958).
9. Subs. by s. 4, ibid., for clause (m) (w.e.f. 1-12-1958).
10. Subs. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968, for “and
West Bengal” (w.e.f. 1-11-1966).
11. Ins. by the Bombay Reorganisation (Adaptation of Laws on Union Subjects) Order, 1961, (w.e.f. 1-5-1960)
12. Subs. by A.O.1950, for “Provincial”.
13. Subs. by Act 45 of 1957, s. 4, for clause (o) (w.e.f. 1-12-1958).
-----
(2) The President of the Council shall be elected by the members of the Council from among
themselves:
Provided that for five years from the first constitution of the Council the President shall be a person
nominated from amongst the members of the Council by the Central Government, who shall hold office
during the pleasure of the Central Government.
(3) No act done by the Council shall be questioned on the ground merely of the existence of any
vacancy in, or any defect in the constitution of, the Council.
**4. Incorporation of the Council.––The Council constituted under section 3 shall be a body corporate**
by the name of the Indian Nursing Council, having perpetual succession and a common seal, with power
to acquire property both-movable and immovable, and shall by the said name sue and be sued.
**5. Mode of elections.––(1) Elections under sub-section (1) of section 3 by [1][State] Councils shall be**
conducted in accordance with rules made in this behalf by the respective [1][State] Governments, and where
any dispute arises regarding any such election it shall be referred to the [1][State] Government concerned
whose decision shall be final.
(2) Other elections under that sub-section shall be conducted in the prescribed manner, and where any
dispute arises regarding any such election, it shall be referred to the Central Government whose decision
shall be final.
**6. Term of office and casual vacancies.––(1) Subject to the provisions of this section, an elected or**
nominated member, other than a nominated President, shall hold office for a term of five years from the
date of his election or nomination or until his successor has been duly elected or nominated, whichever is
longer.
(2) An elected or nominated member may at any time resign his membership by writing under his
hand addressed to the President, and the seat of such member shall thereupon become vacant.
(3) An elected or nominated member shall be deemed to have vacated his seat if he is absent without
excuse sufficient in the opinion of the Council from three consecutive meetings of the Council where the
interval between the first and third of the said meetings exceeds six months.
(4) A casual vacancy in the Council shall be filled by fresh election or nomination, as the case may be
and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term
for which the member whose place he takes was elected or nominated.
(5) Members of the Council shall be eligible for re-election or re-nomination.
2* - - -
**7. Meetings.––(1) The Council shall hold its first meeting at such time and place as may be appointed**
by the President, and thereafter the Council shall meet at such time and place as may be appointed by the
Council.
(2) Until otherwise prescribed, ten members of the Council shall form a quorum, and all the acts of
the Council shall be decided by a majority of the members present and voting.
1. Subs. by A.O. 1950, for “Provincial”.
2. Omitted by Act 45 of 1957, s. 5, (w.e.f. 1-12-1958).
-----
**8. Officers, committees and servants of the Council.––(1) The Secretary of the Council (who may**
also, if it is deemed expedient by the Council, act as Treasurer) shall, for three years from the first
constitution of the Council, be a person appointed by the Central Government and shall hold office during
the pleasure of the Central Government.
(2) The Council shall––
(a) elect from among its members a Vice-President;
(b) constitute from among its members an Executive Committee and such other committees
for general or special purposes as the Council deems necessary to carry out the purposes of
this Act;
(c) subject to the provisions of sub-section (1), appoint a Secretary, who may also, if deemed
expedient, act as Treasurer;
(d) appoint or nominate such other officers and servants as the Council deems necessary to
carry out the purposes of this Act;
(e) require and take from the Secretary, or from any other officer or servant, such security for
the due performance of his duties as the Council deems necessary;
(f) with the previous sanction of the Central Government, fix the fees and allowances to be
paid to the President, Vice-President and members and the pay and allowances of officers and
servants of the Council.
**9. The Executive Committee.––(1) The Executive Committee shall consist of nine members, of**
whom seven shall be elected by the Council from among its members.
(2) The President and Vice-President of the Council shall be members _ex officio of the Executive_
Committee, and shall be President and Vice-President, respectively, of that Committee.
(3) In addition to the powers and duties conferred and imposed upon it by this Act, the Executive
Committee shall exercise and discharge such powers and duties as the Council may confer or impose
upon it by any regulations which may be made in this behalf.
**10. Recognition of qualifications.––(1) For the purposes of this Act, the qualifications included in**
1[Part I of] the Schedule shall be recognised qualifications, and the qualifications included in Part II of the
Schedule shall be recognised higher qualifications.
(2) Any authority within the [2][States] [3]*** which, being recognised by the [4][State] Government [1][in
consultation with the State Council, if any,] for the purpose of granting any qualification, grants a
qualification in general nursing, midwifery, [1][auxiliary nursing-midwifery] health visiting or public health
nursing, not included in the Schedule may apply to the Council to have such qualification recognised, and
the Council may declare that such qualification, or such qualification only when granted after a specified
date shall be a recognised qualification for the purposes of this Act.
(3) The Council may enter into negotiations with any authority [5][in any [6][territory of India to which
this Act does not extend] or foreign country] [3][***] which by the law of [7][such territory] or country is
entrusted with the maintenance of a register of nurses midwives or health visitors; for the settling of a
scheme of reciprocity for the recognition of qualifications, and in pursuance of any such scheme the
1. Ins. by Act 45 of 1957, s. 6 (w.e. f. 1-12- 1958).
2. Subs. by A.O.1950, for “Provinces”.
3. The words “of India” omitted by, ibid.
4. Subs. by A.O. 1950, for “Provincial”.
5. Subs. by Act 75 of 1950, s. 2, “in any State or country outside the States” (w.e.f. 28-12-1950).
6. Subs. by A.O.(No. 3),1956 for “Part B Slates” (w.e.f. 1-11-1956).
7. Subs. ibid., for “such State” (w.e.f. 1-11-1956).
-----
Council may declare that a qualification granted by any authority in any [1][such territory] or country, or
such qualification, only when granted after a specified date, shall be a recognised qualification for the
purposes of this Act:
Provided that no declaration shall be made under this sub-section in respect of any qualification
unless by the law and practice [2][of the foreign country] in which the qualification is granted persons
domiciled or originating [3] [in India] [4] *** and holding qualifications recognised under this Act are
permitted to enter and practice the nursing profession [5][in that country]:
Provided further that––
(i) any reciprocal arrangements subsisting at the date of the commencement of this Act between a
6[State] Council and any authority outside India for the recognition of qualifications shall, unless the
Council decides otherwise, continue in force, and
7[(ii) any qualification granted by an authority in a territory of India to which this Act did not
extend at the date of its commencement and recognised on the said date by the State Council of a
State to which this Act then extended, shall continue to be a recognised qualification for the purpose
of registration in that State.]
(4) The provisions of sub-sections (2) and (3) and of sections 14 and 15 shall apply mutatis mutandis
to the declaration by the Council of a qualification granted in respect of post-certificate nursing training
as a recognised higher qualification.
**11. Effect of recognition.–– [8][(1)] Notwithstanding anything contained in any other law,––**
(a) any recognised qualification shall be a sufficient qualification for enrolment in any [6][State]
register;
(b) no person shall, after the date of commencement of this Act, be entitled to be enrolled in any
6[State] register as a nurse, midwife, 9[auxiliary nurse-midwife], health visitor, or public health nurse
unless he or she holds a recognised qualification:
Provided that any person already enrolled in any [6][State] register before the said date may
continue to be so enrolled notwithstanding that he or she may not hold a recognised qualification:
Provided further that any person who was immediately before the said date entitled to be enrolled
in any [6][State] register but was not so enrolled shall on application made in this behalf before the
expiry of two years from the said date be entitled to be enrolled in that register;
(c) any person holding a recognised higher qualification shall be entitled to have the qualification
entered as a supplementary qualification in any [6][State] register in which he or she is enrolled, and
after the said date no person shall be entitled to have entered as a supplementary qualification in
any [6][State] register any qualification which is not a recognised higher qualification
[9][(2) Notwithstanding anything contained in clause (b) of sub-section (1)––
(a) a citizen of India holding a qualification which entitles him or her to be registered with any
Council of Nursing or Midwifery (by whatever name called) in any foreign country, may, with the
approval of the Council, be enrolled in any State Register; and where approval has been accorded by
the Council in respect of such qualification in one case, the approval of the Council for enrolment in a
State register in the case of any other citizen of India holding the same qualification shall not be
necessary;
1. Subs. by A.O. (No. 3), 1956, for “such State” (w.e.f. 1-11-1956).
2. Subs. by Act 75 of 1950, s. 2, for “of the State or Country” (w.e.f. 28-12-1950).
3. Subs. by, s. 2, ibid., for “in any State” (w.e.f. 28-12-1950).
4. The words “of India” omitted by the A. O. 1950.
5. Subs. by Act 75 of 1950. S. 2, for “in that Sate County”.
6. Subs. by A.O.1950, for “Provincial”.
7. Subs. by Act 45 of 1957, s. 6, for clause (ii) (w.e.f. 1-12-1958).
8. Section11 renumbered as sub-section (1) thereof by s. 7, ibid. (w.e.f. 1-12-1958).
9. Ins. by s. 7, ibid. (w.e.f. 1-12-1958).
-----
(b) a person not being a citizen of India who is employed as a nurse, midwife, auxiliary nursemidwife, teacher or administrator in any hospital or institution situated in any State for purposes of
teaching, research or charitable work may, with the approval of the President of the Council, be
enrolled temporarily in the State Register for such period as may be specified in this behalf in the
order issued by the said President:
Provided that the practice by such person shall be limited to the hospital or institution to which he
or she is attached.]
**12. Power to require information as to courses of study and training and examinations.––Every**
authority in any [1] [State] [2] **** which grants a recognised qualification, or a recognised higher
qualification shall furnish such information as the Council may, from time to time, require as to the
courses of study and training and examinations to be undergone in order to obtain such qualification, as to
the ages at which such courses of study and examinations are required to be undergone and such
qualifications conferred, and generally as to the requisites for obtaining such qualification.
**13. Inspections.––(1) The Executive Committee may appoint such number of inspectors [3][whether**
from among members of the Council or otherwise] as it deems necessary to inspect any institution
recognised as a training institution, and to attend examinations held for the purpose of granting any
recognised qualification or recognised higher qualification.
(2) Inspectors appointed under this section shall report to the Executive Committee on the suitability
of the institution for the purposes of training and on the adequacy of the training therein, or as the case
may be on the sufficiency of the examinations.
(3) The Executive Committee shall forward a copy of such report to the authority or institution
concerned, and shall also forward copies, with the remarks, if any, of the authority or institution
concerned thereon, to the Central Government and to the [4][State] Government and [4][State] Council of the
1[State] in which the authority of institution is situated.
**14. Withdrawal of recognition.––(1) When upon report by the Executive Committee, it appears to**
the Council––
(a) that the courses of study and training and the examinations to be gone through in order to
obtain a recognised qualification from any authority in any [1][State] [2]***, or the conditions for
admission to such courses or the standards of proficiency required from the candidates at such
examinations are not in conformity with the regulations made under the Act or fall short of the
standards required thereby, or
(b) that an institution recognised by a [4][State] Council for the training of nurses, midwives
5[auxiliary nurse-midwives] or health visitors does not satisfy the requirements of the Council,––
the Council may send to the Government of the [1][State] in which the authority or institution, as the case
may be, is situated a statement to such effect and the [4][State] Government shall forward it, along with
such remarks as it may think fit to the authority or institution concerned and, in a case referred to in
clause (b) to the [4][State] Council also, with an intimation of the period within which the authority or
institution may submit its explanation to the [4][State] Government.
(2) On the receipt of the explanation or, where no explanation is submitted within the period fixed,
then on the expiry of the period, the [4][State] Government shall make its recommendations to the Council.
(3) The Council, after such further inquiry, if any, as it may think fit to make, and in a case referred to
in clause (b) of sub-section (1), after considering any remarks which the [4][State] Council may have
addressed to it, may declare,–
1. Subs. by A.O.1950, for “Province”.
2. The words “of India” omitted, ibid. (w.e.f. 28-1-1950).
3. Ins. by Act 45 of 1957, s. 8 (w.e.f. 1-12-1958).
4. Subs. by A.O.1950, for “Provincial”.
5 . Ins. by, s. 9, ibid. (w.e.f. 1-12-1958).
-----
(a) in a case referred to in clause (a) of that sub-section, that the qualifications granted by the
authority concerned shall be recognised qualifications only when granted before a specified date, or
(b) in a case referred to in the said clause (b), that with effect from a date specified in the
declaration any person holding a recognised qualification whose period of training and study
preparatory to the grant to him of the qualification was passed at the institution concerned shall be
entitled to be registered only in the [1][State] in which the institution is situated.
(4) The Council may declare that any recognised qualification granted outside the [2][States] [3]*** shall
be a recognised qualification only if granted before a specified date.
**15. Mode of declaration.––[4][(1)] All declarations under section 10 or section 14 shall be made by**
resolution passed at a meeting of the Council called for the purpose, and shall forthwith be published in
the Official Gazette.
5[(2) The Central Government shall, from time to time, by notification in the Official Gazette, amend
the Schedule so as to bring it into accord with any declaration under section 10 or section 14.]
6[15A. Indian Nurses Register.––(1) The Council shall cause to be maintained in the prescribed
manner a register of nurses, midwives, auxiliary nurse-midwives and health visitors to be known as the
Indian Nurses Register, which shall contain the names of all persons who are for the time being enrolled
on any State register.
(2) It shall be the duty of the Secretary of the Council to keep the Indian Nurses Register in
accordance with the provisions of this Act, and from time to time, to revise the register and publish it in
the Gazette of India and in, such other manner as may be prescribed.
(3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence
Act, 1872 (1 of 1872) and may be proved by a copy published in the Gazette of India.]
**15B. Supply of copies of State registers.––Each State Council shall supply to the Council twenty**
printed copies of the State register as soon as may be after the 1st day of April of each year and inform
the Council without delay of all additions to, and other amendments in, the State register made from time
to time.
**16. Power to make regulations.––(1) The Council may make regulations not inconsistent with this**
Act generally to carry out the provisions of this Act, and in particular and without prejudice to the
generality of the foregoing powers, such regulations may provide for––
(a) the management of the property of the Council and the maintenance and audit of its accounts;
(b) the manner in which elections referred to in sub-section (2) of section 5 and in clause (a) of
sub-section (2) of section 8 shall be conducted;
(c) the summoning and holding of the meetings of the Council, the times and places at which
such meetings shall be held, the conduct of business thereat and the number of members necessary to
constitute a quorum;
(d) prescribing the functions of the Executive Committee, the summoning and holding of
meetings thereof, the times and places at which such meetings shall be held, and the number of
members necessary to constitute a quorum;
(e) prescribing the powers and duties of the President and the Vice-President;
7[(f) prescribing the tenure of office and the powers and duties of the Secretary and other officers
and servants of the Council;
1. Subs. by A.O.1950, for “Province”.
2. Subs. ibid., for “Provinces”.
3. The words “of India” omitted by ibid.
4. Section 15 re-numbered as sub-section (1) thereof by Act 45 of 1957, s. 10 ibid. (w.e.f. 1-12-1958).
5. Ins. by s. 10, ibid. (w.e.f. 1-12-1958).
6. Ins. by ibid. s. 11 (w.e.f. 1-12-1958).
7. Subs by s. 12, ibid. (w.e. f. 1-12-1958).
-----
(ff) prescribing the powers and duties of inspectors;]
(g) prescribing the standard curricula for the training of nurses, midwives and health visitors, for
training courses for teachers of nurses, midwives and health visitors, and for training in nursing
administration;
(h) prescribing the conditions for admission to courses of training as aforesaid;
(i) prescribing the standards of examination and other requirements to be satisfied to secure for
qualifications recognition under this Act;
(j) any other matter which is to be or may be prescribed under this Act.
(2) To enable the Council to be first constituted, the President may, with the previous sanction of the
Central Government, make regulations of the conduct of the elections referred to in sub-section (2) of
section 5, and any regulations so made may be altered or rescinded by the Council in exercise of its
powers under this section.
1[(3) Every regulation made under this Act shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the regulation or both Houses agree that the regulation should not be made, the regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that regulation.]
**17. [Repeal of Ordinance 13 of 1947] Rep. by the Indian Nursing Council (Amendment) Act, 1957 (45**
_of 1957), s. 13 (w.e.f.1-12-1958)._
1. Ins. by Act 4 of 1986, s. 2, and the Schedule (w.e.f. 15-5-1986).
-----
1THE SCHEDULE
(See sections 10 and 11)
PARTI
_Recognisedqualifications_
A.––General Nursing––
Certificates(including senior and junior certificates), Diplomas or Degrees in Nursing issued by any
of the following authorities, namely:––
1.The Examination Board appointed by the [2][Government of Tamil Nadu]
2.The Bombay Nurses, Midwives and Health Visitors Council.
3.The Bombay Presidency Nursing Association (when issued before the 1st day of January,1936).
4.The Bengal Nursing Council (when issued before the 15th day of August, 1947).
5.The Uttar Pradesh State Medical Faculty.
6.The Uttar Pradesh Nurses and Midwives Council.
7.The State Board of Medical Examination, Uttar Pradesh (when issued before the1st day of
January, 1927).
8. (a) The Punjab Nurses Registration Council (when issued before the 15th day of August, 1947
or after the 26th day of January, 1950).
(b) The East Punjab Nurses Registration Council (when issued before the 26th day of January,
1950).
9. The Bihar Medical Examination Board (when issued before the 1st day of January,1938).
10. The Bihar Nurses Registration Council.
11. The Madhya Pradesh Medical Examination Board (when issued before the 1st day of April,
1950).
12. The Assam Nurses, Midwives and Health Visitors Council.
13. The Orissa Medical Examination Board.
14. The Mid India (United) Board of Examiners for Nurses (when issued before the 1stday of
January, 1947).
15. The Joint Missionary Board for Examination of Nurses (Marathi area) (when issued before
the 1st day of January, 1934).
1. Subs. by Act 45 of 1957, s. 14, for the Schedule (w.e.f. 1-12-1958).
2. Subs. by Madras State (Alteration of Name) A.O. 1970 (w.e.f. 14-1-1969).
-----
16. The North-India United Board of Examiners for Mission and other Hospitals (when issued
before the [1][1st day of January, 1942).
17. The Examining Board of the Nurses Auxiliary of the Christian Medical Association of India
(South India Branch).
18. The Sind Nurses and Midwives Council (when issued before the 15th day of August,1947).
19. The West Bengal Nursing Council.
20. The University of Delhi.
21. The University of Madras.
22. The Bengal State Medical Faculty (when issued before the 1st day of January,1942).
23. The Mid-India Board of Examiners of Nurses Auxiliary of Christian Medical Association of
India.
24. The examination Board of Military Medical Services (when issued before the 18thday of
August, 1955).
25. The Armed Forces Medical Services Examination Board.
26. The Madhya Pradesh State Nurses Registration Council.
27. The Board of Examiners appointed by the Government of [2][Karnataka].
28. The Board of Examiners appointed by the Government of Hyderabad (when issued before the
1st day of November, 1956).
29. The Board of Examiners appointed by the Government of Andhra (when issued before the 1st
day of November, 1956) or by the Government of Andhra Pradesh (when issued on or after the 1st
day of November, 1956).
30. The Travancore-Cochin Nurses’ and Midwives' Council.
31. The Vidarbha Nurses Registration Council.
3[32. The Orissa Nurses and Midwives Examination Board.]
4[33. The Mahakoshal Nurses Council.
34. The Bombay Nursing Council.
35. Board of Examiners appointed by the Government of Kerala.]
5[36. The Medical and Surgical School, Goa (when granted on or before the 1st January, 1966).]
6[37. The Kerala Examination Board (Kerala Nurses and Midwives Council).
38. The Maharashtra Nursing Council (when granted on or after the15th February, 1962).
1. Subs. by notification No. S. O. 349, dated 22-1-1962.
2. Subs. by Mysore State (Alteration of Name) (Adaptation of Laws on Union Subject) order, 1974, for “Mysore” (w.e.f. 1-111973).
3. Ins. by notification No.S.O. 1446.dated 19-6-1959.
4. Ins. by notification No.S.O. 1577, dated 9-6-1960.
5. Subs. by notification No.S.O. 3042, dated 6-10-1966.
6. Ins. by notification No.S.O. 2682, dated 10-9-1963.
-----
39. The Gujarat Nursing Council.
40. When granted before the 31st December, 1953 by the––
(a) Travancore Government;
(b) Travancore Public Service Commission;
(c) Cochin Government;
(d) Cochin Public Service Commission;
(e) Travancore-Cochin Government;
(f) Travancore-Cochin Public Service Commission. (when granted before the 31st
December, 1953.)]
1[41.The Osmania University.
2[42.The University of Indorse (when issued on or after the 1st April, 1965).]
3[43.Examining Board of the Nurses League of the Christian Medical Association of India (South
India Branch) (when issued on or after the 28th October,1965).
44.The Mid-India Board of Examiners of the Nurses League of the Christian the Medical
Association of India (when granted on or after the 1st January, 1966).
45.The University of Bombay (when issued on or after the 1st April,1964).
46.The Rajasthan Nursing Council (when issued on or after the 1st April, 1964).
4[47.The Vikram University, Ujjain (when issued in the year 1964).]
5[48.ShrimatiNathibaiDamodarThackersey University, Bombay (when granted on or after the
15th April, 1969).]
49.
6[50* * * * *]
7[51.University of Kerala, Trivandrum (when granted an or after the 21st March,1972).
52.University of Punjab Chandigarh (when granted on or after the 1st of March,1977).]
8[53.Sardar Patel University, VallabhVidyanagar, (Gujarat) (when granted on or after the 1st
August, 1983).
1. Ins. by notification No. S. O. 3042, dated 6-10-1966.
2. Subs by notification No. S. O. 2186, dated 11-6-1968.
3. Ins. by notification No. S. O. 2187, dated 11-6-1968.
4. Ins. by notification No. S. O. 1628, dated 25-4-1969.
5. Ins. by notification No. S. O. 4509, dated 30-9-1975.
6. Entries 50 and 52 omitted and 51 renumbered as 50.
7. Ins. by notification No.S.O. 20/88.
8. Ins. by notification No.S. O. 2021/88.
-----
54.Board of Nursing Education of the Nurses leagus of C.M.A.I. South Indian Branch(when
granted on or after the 30th October, 1975).]
1[55.All India Institute of Medical Sciences, New Delhi (when granted on or after the16th
August, 1979).
56.University of Rajasthan, Jaipur (when granted on or after 1st January, 1968).
57.University of Calcutta, Calcutta (when granted on or after the 27th October,1978).]
2[58.The Board of Examiners appointed by a the Government of Mysore (when granted on or
after 7th Novemer, 54 to 31st October,73).
59.The Board of Examiners appointed by the Government of Karnataka (when granted on or after
the 1st November, 1973).]
3[60.Devi AhilyaVishwavidhyalaya Indore (when granted on or after the 26th January,1983).]
4[61.Mahatma Gandhi University, Kottayam (Kerala) (when granted on or after 3rdJanuary, 1983).
62. University of Calicut (Kerala) (when granted on or after12th April, 1982).]
_B.––Midwifery––_
Certificates,Diplomas or Degrees in Midwifery issued by any of the following authorities,namely:––
1.Any of the authorities mentioned in section A except the authority at item No. 17thereof.
2.The Punjab Central Midwives Board (when issued before the 15th day of August,1947).
3.The Mid-India (United) Board of Examiners for Midwifery (when issued before the1st day of
January, 1947).
4.The National Association for supplying female medical aid to the women of India(when issued
before the Ist day of October, 1949).
5.The North-West Frontier Province Central Midwives (when issued before the15th day of
August, 1947).
6.The Kasturba Gandhi National Memorial Trust.
7.The Health Department, Madras (when issued before the 31st day of December, 1952).
5[8.The Orissa Nurses and Midwives Examination Board.]
6[9.The Mahakoshal Nurses Council.
10.The Bombay Nursing Council.
11.Board of Examiners appointed by the Government of Kerala.]
1. Ins. bynotification No. S. O. 3503/88.
2. Ins. by notification No. S. O. 3504/88.
3. Ins. bynotification No. S. O. 1431/89.
4. Ins. bynotification No. S. O. 1912/93.
5. Ins. by notification No. S. O. 1446, dated 19-6-1959.
6. Ins. by notification No. S. O. 1577, dated 9-6-1960.
-----
[1][12.The North India United Board of Examiners of Mission and other Hospitals (when issued
before the 1st day of January, 1946).]
[2][13. The Medical and Surgical School, Goa (when issued before the1st day of January, 1966).]
[3][14.The Kerala Examination Board/Kerala Nurses and Midwives Council.
[4][15.Maharashtra Nursing Council (when granted on or after the 15th February, 1962).
5[16.(a)Travancore Government;
(b)Travancore Public Service Commission;
(c)Cochin Government;
(d)Cochin Public Service Commission;
(e)Travancore-Cochin Government;
(f)Travancore-Cochin Public Service Commission(when granted on or before the 31st
December, 1953).]
5[17.The Gujarat Nursing Council.]
6[18.The Examination Board of the Nurses League of the Christian Medical Association of India
(South India Branch) (when issued on or after the 28th October, 1965).
19.The Mid-India Board of Examiners of the Nurses League of the Christian Medical Association
of India (when issued on or after the 1st January, 1966).
20.The Rajasthan Nursing Council (when issued on or after the 1st April, 1964).]
21.
7[22.Sardar Patel University,VallabhVidyanagar Gujarat (when granted on or after the 1st August,
1983).]
23.Board of Nursing Education of the Nurses League of C.M.A.I. South India Branch(when
granted on or after the 30th October, 1975).]
8[24.The Board of Examiners appointed by the Government of Mysore (when granted on or after
the 17th November, 1954 to 31st October, 1973).
25.The Board of Examiners appointed by the Government of Karnataka (when granted or after
the 1st November, 1973).]
1. Ins. by notification No. S. O. 349, dated 22-1-1962.
2. Ins. by notification No. S. O. 3042, dated 6-10-1966.
3. Subs. by notification No. S. O. 2682, dated 10-9-1963.
4. Ins. by notification No. S.O. 267.
5. Subs. by notification No. S. O. 267.
6.Ins. by notification No. S.O. 2187, dated 11-6-1968.
7. Ins. by notification NO.S.O. 2021/81.
8. Ins. by notification NO.S.O. 3504/88.
-----
_C––Auxiliary Nursing-Midwifery––_
Certificates issued by any of the following authorities, namely:––
1.Any of the authorities mentioned in section A except items Nos. 3,4, 7, 9, 11,14, 15, 16, 18, 20,
21, 22, 24 and 25.
2.The Examination Board appointed by the Himachal Pradesh Administration.
1[3.The Orissa Nurses and Midwives Examination Board.]
2[4.The Mahakoshal Nursing Council.
5.The Bombay Nursing Council.
6.Board of Examiners appointed by the Government of Kerala.]
3[7.The Kerala Examination Board/Kerala Nurses and Midwives Council.
8.The Kasturba Gandhi National Memorial Trust (when issued on or after the 1st January1955).
9.Maharashtra Nursing Council (when issued on or after the 15th February, 1962).
10.The Gujarat Nursing Council.]
4[11. The Examining Board of the Nurses League of the Christian Medical Association of India
(South India Branch) (when issued on or after the 28th October, 1965).
12.The Mid-India Board of Examiners of the Nurses League of the Christian Medical Association
of India (when issued on or after 1st January, 1966).
13.The Rajasthan Nursing Council (when issued on or after the 1st April, 1964).]
14.
5 [15.Board of Nursing Education of the Nurses League of C.M.A.I. South India Branch(when
granted on or after the 30th October, 1975.]
[6][16. The Board of Examiners appointed by the Government of Mysore (when grantedon or after
the 17th November 1954 to 31st October,1973).
17.The Board of Examiners appointed by the Government of Karnataka (when granted on or after
the 1st November, 1973).]
_D.––Health Visitors––_
HealthVisitors Certificates or Diplomas issued by any of the following authorities, namely:––
1.The Government Training School for Health Visitors, Madras.
2.The Sir John Anderson Health School Calcutta.
3.The Uttar Pradesh State Medical Faculty.
4.The Uttar Pradesh Nurses and Midwives Council.
5.The Government Health School, Nagpur.
6.The Assam Nurses, Midwives and Health Visitors Council.
7.The Lady Reading Health School, Delhi.
8.The Bombay Nurses, Midwives and Health Visitors Council.
1. Ins. by notification No.S.O. 1446.
2. Ins. by notification No.S.O. 1577, dated 9-6-1960.
3. Ins. by notification No. S.O. 2682, dated 10-9-1963
4. Ins. by notification No.S.O. 2187.
5. Ins. by notification No.S.O. 2021 /88.
6. Ins. by S.O. 3504/88.
-----
9.The Bengal Nursing Council (when issued before the 15th day of August, 1947).
10.The Punjab Health School (when issued before the 15th day of August, 1947).
11.The West Bengal Nursing Council.
12.The Punjab State Medical Faculty.
13.The Bengal State Medical Faculty (when issued before the 1st day of January,1942).
14.The Bihar Nurses Registration Council.
1[15.The Mahakoshal Nursing Council.
16.The Bombay Nursing Council.
17.Board of Examiners appointed by the Government of Kerala.
18.Dr. H.C. Mukherjee MedicalHealth School, Singur, West Bengal.]
2[19.Kerala Examination Board/Kerala Nurses and Midwives Council.
20.Maharashtra Nursing Council (when issued on or after the 15th February, 1962).
21.Gujarat Nursing Council.]
3[22.The Rajasthan Nursing Council (when issued on or after the1st Aplril, 1964).]
1 . Issued by S.O. 1577.
2. Ins. by notification No.S.O. 2682.
3. Ins. by notification No.S.O. 2187.
-----
PART II
_Recognisedhigher qualifications[1]_
Name of the authority issuing the Qualification
qualification
1. The Examination Board appointed by 1. Diploma in Nursing–– Sister Tutor Course.
the [2][Government of Tamil Nadu.]
2. Diploma in Nursing––Nursing Administration Course.
2. College of Nursing, New Delhi 1. Post-certificate course in Public Health Nursing (when
issued before 31st day of December 1953).
2. Combined post-certificate course in Teaching and Nursing
Administration (when issued before the 31st day of August,
1957).
3. Certificate of examination in Ward Sisters Course.
3
[4.Certificate of Examination in Nursing Administration
Course.[(whengranted on or before the 30th June, 1961).
5. Certificate of Examination in Sister Tutor Course.[(when
granted on or before the 30th June, 1966).]
6. Certificate of Examination in Midwife Tutor Course [(when
granted on or before the 30th June, 1961).]
7. Diploma in Nursing Administration.
8. Nursing Tutors Diploma.
9. Midwife Tutors Diploma.]
4. The School of Nursing, Christian Diploma in Teaching and Supervision (Sister Tutor Course.)
Medical College, Vellore.
4 [5 * * * * * *
6. The All India Institute of Mental Diploma in Psychiatric Nursing.
Health, Bangalore.
7. The All India Institute of Hygiene and Certificate in Public Health Nursing.
Public Health, Calcutta.
8. The Public Health Department, Madras. Diploma in Public Health Nursing.
9. The Tuberculosis Association of India Diploma in Tuberculosis Nursing.]
5 [10. The Bombay Nursing Council. (a) Diploma in Paediatric Nursing,
(b) Diploma in Public Health Nursing.
11. The Mid-India Board Graduate School (a) Diploma of Ward Sisters Course,
for Nurses
(b) Diploma of Sisters Tutor Course.
1. Subs. for the Schedule by the Indian Nursing Council (Amendment) Act, 1957 (45 of 1957), s. 14 (w. e. f. 1-12-1958).
2. Subs. for the words "Government of Madras" by G.S.R. 112 of 1970.
3.Date added against items 4, 5 and 6 corrected, items 7 to 9 inserted and items4, 5, 6 corrected by S.O. 1391
4. omitted by S.O. 1703.
5. Ins. by notification No.S.O. 1597.
|Name of the authority issuing the qualification|Qualification|
|---|---|
|1. The Examination Board appointed by the 2[Government of Tamil Nadu.]|1. Diploma in Nursing–– Sister Tutor Course.|
||2. Diploma in Nursing––Nursing Administration Course.|
|2. College of Nursing, New Delhi|1. Post-certificate course in Public Health Nursing (when issued before 31st day of December 1953).|
||2. Combined post-certificate course in Teaching and Nursing Administration (when issued before the 31st day of August, 1957).|
||3. Certificate of examination in Ward Sisters Course.|
||3[4.Certificate of Examination in Nursing Administration Course.[(whengranted on or before the 30th June, 1961).|
||5. Certificate of Examination in Sister Tutor Course.[(when granted on or before the 30th June, 1966).]|
||6. Certificate of Examination in Midwife Tutor Course [(when granted on or before the 30th June, 1961).]|
||7. Diploma in Nursing Administration.|
||8. Nursing Tutors Diploma.|
||9. Midwife Tutors Diploma.]|
|4. The School of Nursing, Christian Medical College, Vellore.|Diploma in Teaching and Supervision (Sister Tutor Course.)|
|4 [5 * * * * * *||
|6. The All India Institute of Mental Health, Bangalore.|Diploma in Psychiatric Nursing.|
|7. The All India Institute of Hygiene and Public Health, Calcutta.|Certificate in Public Health Nursing.|
|8. The Public Health Department, Madras.|Diploma in Public Health Nursing.|
|9. The Tuberculosis Association of India|Diploma in Tuberculosis Nursing.]|
|5 [10. The Bombay Nursing Council.|(a) Diploma in Paediatric Nursing,|
||(b) Diploma in Public Health Nursing.|
|11. The Mid-India Board Graduate School for Nurses|(a) Diploma of Ward Sisters Course, (b) Diploma of Sisters Tutor Course.|
-----
2[13. University of Kerala. Diploma in Teaching and Administration in Nursing (when
issued on or after the 1st October, 1961).
14. Uttar Pradesh Nurses and Mid-wives Certificate in Ward Administration Course.
Council State Faculty Uttar Pradesh
15. Maharashtra Nursing Council. Diploma in Public Health Nursing. ]
3[16. MaharashtraNursing Council. Diploma in pediatric Nursing.
17. The [4] [Karnataka] State Board of Certificate in Ward Administration Course.
Examiners for Nurses.
18. The University of Kerala. B.Sc. Degree in Nursing.]
5[19. Mid-India Board Examiners of (1) Diploma in Ward Sisters Course(when issued on or after
Nurses League of the Christian Medical the 1th January 1966).
Association of India.
(2) Diploma in Sister Tutor Course.
(3) Diploma in Nursing Administration Course.
(4) Diploma in PublicNursing.
20.The Director of Health and Medical Diploma in Public health (Nursing) (when issued on or after
Services (Health), Gujarat. the 18thMay 1964).
21.The Mysore State Board of Diploma in Nursing Education (when issued on or afterthe
Examination for Post Box Course in 1stMay1964).]
Nursing Education.
6
[22 The Holy Family Hospital, New Ward Sisters Diploma (when issued on or after the 1st
delhi. August 1965).]
23.
24.
25.
26.
27.
28. Uttar Pradesh State Medical Faculty Diploma in Public Health, Nursing (when granted on or after
Lucknow. the 1st April 1968.)
29. Director of Health Services Kerala Certificate in P.H.N. (when granted between the 1st August
Trivendrum. 1961 and 23rd October 1971 (both dates included.)
30. Kerala Nurses and Mid-wives Council P.H.N. certificate granted between 24th October 1971 to 23rd
1.Ins by notification No. S.O. 350.
2. Ins. by notification No.S.O. 2682.
3. Ins. by notification No. S. O. 3042.
4. Subs. by Mysore State (Alteration of Name) (Adaptation of Laws on Union Subject) order, 1974, for “Mysore” (w.e.f. 1-111973).
5. Ins. by notification No.S.O. 2187.
6. Ins. by notification No.S.O. 1628.
|Col1|(c) Diploma in Nursing Administration Course, (d) Diploma in Public Health Nursing.]|
|---|---|
|1[12. The Lady Reading Health School, Delhi|Certificate in public Health Nursing.]|
|2[13. University of Kerala.|Diploma in Teaching and Administration in Nursing (when issued on or after the 1st October, 1961).|
|14. Uttar Pradesh Nurses and Mid-wives Council State Faculty Uttar Pradesh|Certificate in Ward Administration Course.|
|15. Maharashtra Nursing Council.|Diploma in Public Health Nursing. ]|
|3[16. MaharashtraNursing Council.|Diploma in pediatric Nursing.|
|17. The 4 [Karnataka] State Board of Examiners for Nurses.|Certificate in Ward Administration Course.|
|18. The University of Kerala.|B.Sc. Degree in Nursing.]|
|5[19. Mid-India Board Examiners of Nurses League of the Christian Medical Association of India.|(1) Diploma in Ward Sisters Course(when issued on or after the 1th January 1966). (2) Diploma in Sister Tutor Course. (3) Diploma in Nursing Administration Course. (4) Diploma in PublicNursing.|
|20.The Director of Health and Medical Services (Health), Gujarat.|Diploma in Public health (Nursing) (when issued on or after the 18thMay 1964).|
|21.The Mysore State Board of Examination for Post Box Course in Nursing Education.|Diploma in Nursing Education (when issued on or afterthe 1stMay1964).]|
|6[22 The Holy Family Hospital, New delhi.|Ward Sisters Diploma (when issued on or after the 1st August 1965).]|
|23.||
|24.||
|25.||
|26.||
|27.||
|28. Uttar Pradesh State Medical Faculty Lucknow.|Diploma in Public Health, Nursing (when granted on or after the 1st April 1968.)|
|29. Director of Health Services Kerala Trivendrum.|Certificate in P.H.N. (when granted between the 1st August 1961 and 23rd October 1971 (both dates included.)|
|30. Kerala Nurses and Mid-wives Council|P.H.N. certificate granted between 24th October 1971 to 23rd|
-----
31. Bombay University, Bombay. Post certificate B.Sc. Degree in Nursing granted on or after
the 1st day of April, 1971.
32. Armed forces Medical Service Post certificate Diploma in Orthopaedic Nursing granted on
Examination Board, New Delhi. . or after the 11th January, 1975.
33. The College of Nursing, Christian Post certificate Diploma in operating Room Technique and
Medical College and Hospital, Vellore. Management granted on or after the July 1967.
34. University of Poona, Poona Post-Basic B.Sc. Degree in Nursing (when granted on or after
the June, 1984).
35. S.N.D.T. Women's University, M.Sc. (Nursing) Degree (when granted on or after the
Bombay. 24thNovember, 1978).
36. Shivaji University. Kolhapur. Post-Basic B.Sc. Degree in Nursing (when granted on or after
the June, 1975.
[37 Directorate of Health Services, Diploma in Public Health Diploma in Nursing Education
Madhya Pradesh (When granted on or after the 1st June, 1982). ]
|Trivendrum.|October 1972 (both dates inclusive.)|
|---|---|
|31. Bombay University, Bombay.|Post certificate B.Sc. Degree in Nursing granted on or after the 1st day of April, 1971.|
|32. Armed forces Medical Service Examination Board, New Delhi. .|Post certificate Diploma in Orthopaedic Nursing granted on or after the 11th January, 1975.|
|33. The College of Nursing, Christian Medical College and Hospital, Vellore.|Post certificate Diploma in operating Room Technique and Management granted on or after the July 1967.|
|34. University of Poona, Poona|Post-Basic B.Sc. Degree in Nursing (when granted on or after the June, 1984).|
|35. S.N.D.T. Women's University, Bombay.|M.Sc. (Nursing) Degree (when granted on or after the 24thNovember, 1978).|
|36. Shivaji University. Kolhapur.|Post-Basic B.Sc. Degree in Nursing (when granted on or after the June, 1975.|
|[37 Directorate of Health Services, Madhya Pradesh|Diploma in Public Health Diploma in Nursing Education (When granted on or after the 1st June, 1982). ]|
-----
|
4-Mar-1948 | 09 | The Dock Workers (Regulation of Employment) Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1708/1/a1948-9.pdf | central | # THE DOCK WORKERS (REGULATION OF EMPLOYMENT) ACT, 1948
__________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title and extent.
2. Definitions.
3. Scheme for ensuring regular employment of workers.
4. Making, variation and revocation of schemes.
5. Advisory Committees.
5A. Dock Labour Boards.
5B. Functions of a Board.
5C. Accounts and audit.
5D. Annual report.
5E. Annual report and audited accounts, to be laid before Parliament or Legislature.
6. Inspectors.
6A. Power to order inquiry.
6B. Power to supersede a Board.
6C. Acts or proceeding of Board and Advisory Committee not to be invalidated.
7. Cognizance of offences.
7A. Offences by companies.
8.Power to make rules.
8A. Schemes and rules to be laid before Parliament.
9.Saving.
-----
# THE DOCK WORKERS (REGULATION OF EMPLOYMENT) ACT, 1948
ACT NO. 9 OF 1948[1]
[4th March, 1948.]
# An Act to provide for regulating the employment of dock workers.
WHEREAS it is expedient to provide for regulating the employment of dock workers;
It is hereby enacted as follows:—
**1. Short title and extent.—(1) This Act may be called the Dock Workers (Regulation of**
Employment) Act, 1948.
(2) It extends to the whole of India [2][except the State of Jammu and Kashmir*].
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context, —**
3[(a) “Board” means a Dock Labour Board established under section 5A;]
4[(aa) “cargo” includes anything carried or to be carried in a ship or other vessel;]
(b) “dock worker” means a person employed or to be employed in, or in the vicinity of, any port
on work in connection with the loading, unloading, movement or storage of cargoes, or work in
connection with the preparation of ships or other vessels for the receipt or discharge of cargoes or
leaving port;
(c) “employer”, in relation to a dock worker, means the person by whom he is employed or to be
employed as aforesaid;
(d) “Government” means, in relation to any major port, the Central Government and, in relation
to any other port, the State Government;
(e) “scheme” means a scheme made under this Act.
**3. Scheme for ensuring regular employment of workers.—(1) Provision may be made by a**
scheme for the registration of dock workers [5][and employers] with a view to ensuring greater regularity
of employment and for regulating the employment of dock workers, whether registered or not, in a port.
(2) In particular, a scheme may provide—
(a) for the application of the scheme to such classes of dock workers and employers as may be
specified therein;
(b) for defining the obligations of dock workers and employers subject to the fulfilment of which
the scheme may apply to them and the circumstances in which the scheme shall cease to apply to any
dock workers or employers;
(c) for regulating the recruitment and entry into the scheme of dock workers, [6] [and the
registration of dock workers and employers], including the maintenance of registers, the removal
either temporarily or permanently, of names from the registers and the imposition of fees for
registration;
1. The Act has been extended to Pondicherry by Reg. 7 of 1963, s. 3 and Schedule 1; to Goa, Daman and Diu by notification No.
G.S.R. 1850, dated 30-12-1964, Gazette of India, Extraordinary, Part II, s. 3 (i), and to the whole of Union territory of
Lakshadweep by reg. 8 of 1965, s. 3 and the Schedule.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “except part B States”
3. Ins. by Act 8 of 1962, s. 2 (w.e.f. 1-6-1962).
4. Clause (a) re-lettered as clause (aa) by s. 2, ibid, (w.e.f. 1-6-1962).
5. Ins. by s. 3, ibid. (w.e.f. 1-6-1962).
6. Subs. by s. 3, ibid., for “and their registration” (w.e.f. 1-6-1962).
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
-----
(d) for regulating the employment of dock workers, whether registered or not, and the terms and
conditions of such employment, including rates of remuneration, hours of work and conditions as to
holidays and pay in respect thereof;
(e) for securing that, in respect of periods during which employment, or full employment, is not
available for dock workers to whom the scheme applies and who are available for work, such workers
will, subject to the conditions of the scheme, receive a minimum pay;
(f) for prohibiting, restricting or otherwise controlling the employment of dock workers to whom
the scheme does not apply and the employment of dock workers by employers to whom the scheme
does not apply;
1[(ff) for creating such fund or funds as may be necessary or expedient for the purposes of the
scheme and for the administration of such fund or funds;]
(g) for the training [2]*** of dock workers, in so far as satisfactory provision therefore does not
exist apart from the scheme;
3[(gg) for the welfare of the officers and other staff of the Board;]
4* * * * * *
(i) for the manner in which, and the persons by whom, the cost of operating the scheme is to be
defrayed;
5[(j) for constituting 6*** the authority to be responsible for the administration of the scheme;]
(k) for such incidental and supplementary matters as may necessary or expedient for the purposes
of the scheme.
(3) A scheme may further provide that a contravention of any provision thereof shall be punishable
with imprisonment for such term as may be specified but in no case exceeding three months in respect of
a first contravention or six months in respect of any subsequent contravention, or with fine which may
extend to such amount as may be specified but in no case exceeding five hundred rupees in respect of a
first contravention or one thousand rupees in respect of any subsequent contravention, or with both
imprisonment and fine as aforesaid.
**4. Making, variation and revocation of schemes. —(1) The Government may, by notification in the**
Official Gazette and subject to the condition of previous publication, make one or more schemes for a
port or group of ports, and may in the like manner and subject to the like condition add to, amend, vary or
revoke any scheme made by it.
(2) The provisions of section 23 of the General Clauses Act, 1897 (10 of 1897), shall apply to the
exercise of a power given by sub-section (1) as they apply to the exercise of a power given by a Central
Act to make rules subject to the condition of previous publication.
1. Ins. by Act 8 of 1962, s. 3 (w.e.f. 1-6-1962).
2. The words “and welfare” omitted by Act 54 of 1986, s. 23 (w.e.f. 15-4-1987).
3. Ins. by Act 31 of 1970, s. 2
4. Omitted by Act 54 of 1986, s. 23 (w.e.f. 15-4-1987).
5. Subs. by Act 29 of 1949, s. 2, for clause (j).
6. The words “whether as a body corporate or otherwise” omitted by Act 8 of 1962, s. 3 (w.e.f. 1-6-1962).
-----
(3) The Government may direct the port authority of any port to prepare, in accordance with such
instructions as may from time to time be given to it, one or more draft schemes for the port, and the port
authority shall comply with such direction.
**5. Advisory Committees.—(1) The Government may, or if it decides to make any scheme under**
section 4, shall, constitute an Advisory Committee, to advise upon such matters arising out of the
administration of this Act or any scheme made thereunder as the Government may refer to it for advice.
1[(2) The members of the Advisory Committee shall be appointed by the Government and shall be of
such number and chosen in such manner as may be prescribed by rules made under this Act:
Provided that the Advisory Committee shall include an equal number of members representing—
(i) the Government,
(ii) the dock workers, and
(iii) the employers of dock workers, and shipping companies.]
(3) The Chairman of the Advisory Committee shall be one of the members appointed to represent the
Government, nominated in this behalf by the Government.
(4) The Government shall publish in the Official Gazette the names of all members of the Advisory
Committee.
2* * * * * *
**3[5A. Dock Labour Boards.—(1) The Government may, by notification in the Official Gazette,**
establish a Dock Labour Board for a port or group of ports to be known by such name as may be specified
in the notification.
(2) Every such Board shall be a body corporate with the name aforesaid, having perpetual succession
and a common seal with power to acquire, hold and dispose of property and to contract and may, by that
name, sue and be sued.
(3) Every such Board shall consist of a Chairman and such number of other members as may he
appointed by the Government:
Provided that every such Board shall include an equal number of members representing—
(i) the Government,
(ii) the dock workers, and
(iii) the employers of dock workers, and shipping companies.
(4) The Chairman of a Board shall be one of the members appointed to represent the Government,
and nominated in this behalf by the Government.
**5B. Functions of a Board.—(1) A Board shall be responsible for administering the scheme for the**
port or group of ports for which it has been established and shall exercise such powers and perform such
functions as may be conferred on it by the scheme.
1. Subs. by Act 8 of 1962, s. 4, for sub-section (2) (w.e.f. 1-6-1962).
2. Omitted by s. 4, ibid. (w.e.f. 1-6-1962).
3. Ins. by s. 5, ibid. (w.e.f. 1-6-1962).
-----
(2) In the exercise of its powers and the discharge of its functions, a Board shall be bound by such
directions as the Government may, for reasons to be stated in writing, give to it from time to time.
**5C. Accounts and audit.—(1) Every Board shall maintain proper accounts and other relevant**
records and prepare an annual statement of accounts, including a balance-sheet in such form as may be
prescribed by rules made under this Act.
(2) The accounts of the Board shall be audited annually by the Comptroller and Auditor-General of
India or by such other auditors qualified to act as auditors of companies under the law for the time being
in force relating to companies, as the Government may appoint.
(3) The auditors shall, at all reasonable times, have access to the books of accounts and other
documents of the Board and may, for the purposes of the audit, call for such explanation and information
as they may require or examine any member or officer of the Board.
(4) The auditors shall forward to the Government a copy of their report together with an audited copy
of the accounts of the Board.
(5) The cost of the audit as determined by the Government shall be paid GUI of the funds of the
Board.]
**[1][5D. Annual report.—Every Board shall prepare, in such form and at such time in each financial**
year as may be specified by rules made under this Act, its annual report, giving full accounts of its
activities during the previous financial year, and submit a copy thereof to the Government.
**5E. Annual report and audited accounts, to be laid before Parliament or Legislature.—The**
annual report, and the audited accounts of the Board, together with auditor's report thereon and a review
by the Government on the working of the Board, shall, within a period of nine months of the close of the
financial year, be laid before each House of Parliament, if such report and accounts have been submitted
to the Central Government, and before the Legislature of the State, if such report and accounts have been
submitted to the State Government:
Provided that where such report, accounts and the review are not laid before Parliament or, as the
case may be, before the Legislature of the State within the said period, the same shall be so laid thereafter
along with the reasons for the delay.]
**6. Inspectors.—(1) The Government may, by notification in the Official Gazette, appoint such**
persons as it thinks fit to be Inspectors for the purposes of this Act at such ports as may be specified in the
notification.
(2) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal
Code (45 of 1860).
(3) An Inspector may, at any port for which he is appointed,—
(a) enter, with such assistance (if any) as he thinks fit, any premises or vessel where dock workers
are employed;
(b) require any authority or person to produce any register, muster-roll or other document relating
to the employment of dock workers, and examine such document;
(c) take on the spot or otherwise the evidence of any person for the purpose of ascertaining
whether the provisions of any scheme made for the port are, or have been, complied with.
1. Ins. by Act 56 of 1988, s. 2.
-----
(4) The Government may, by notification in the Official Gazette, prescribed the manner in which and
the persons by whom complaints regarding contravention of any provision of a scheme may be made to
an Inspector and the duties of the Inspector in relation to such complaints.
**1[6A. Power to order inquiry.—(1) The Government may, at any time, appoint any person to**
investigate or inquire into the working of a Board and submit a report to the Government.
(2) The Board shall give to the person so appointed all facilities for the proper conduct of the
investigation or inquiry and furnish to him such documents, accounts or information in the possession of
the Board as he may require.
**6B. Power to supersede a Board.—(1) If, on consideration of the report under section 6A or**
otherwise, the Government is of opinion—
(a) that, on account of a grave emergency, a Board is unable to perform its functions, or
(b) that a Board has persistently made default in the discharge of its functions or has exceeded or
abused its powers,
the Government may, by notification in the Official Gazette, supersede the Board for such period as may
be specified in the notification:
Provided that, before issuing a notification under this sub-section on any of the grounds mentioned in
clause (b), the Government shall give a reasonable opportunity to the Board to show cause why it should
not be superseded and shall consider the explanations and objections, if any, of the Board.
(2) Upon the publication of a notification under sub-section (1),—
(a) all the members of the Board shall, as from the date of such publication, vacate their offices as
such members;
(b) all the powers and functions which may be exercised or performed by the Board shall, during
the period of supersession, be exercised or performed by such person as may be specified in the
notification;
(c) all funds and other property vested in the Board shall, during the period of supersession, vest
in the Government.
(3) On the expiration of the period of supersession specified in the notification issued under
sub-section (1), the Government may—
(a) extend the period of supersession for such further period as it may consider necessary; or
(b) re-establish the Board in the manner provided in section 5A.
**6C. Acts or proceeding of Board and Advisory Committee not to be invalidated.—No act or**
proceeding of a Board or the Advisory Committee shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Board or the Advisory Committee, or
(b) any defect in the appointment of a person acting as a member of the Board or the Advisory
Committee, or
(c) any irregularity in the procedure of the Board or the Advisory Committee not affecting the
merits of the case.]
1. Ins. by Act 8 of 1962, s. 6 (w.e.f. 1-6-1962).
-----
**7. Cognizance of offences.—(1) No Court shall take cognizance of any offence made punishable by**
a scheme or of any abetment thereof, except on a report in writing of the facts constituting such offence or
abetment made by an Inspector or by a person specially authorised in this behalf by the Government.
(2) Notwithstanding anything contained in the Code of Criminal Procedure 1898[1] (5 of 1898), an
offence made punishable by a scheme or an abetment thereof shall be triable only by a Presidency
Magistrate or a Magistrate of the first class.
2[7A. Offences by companies.—(1) If the person committing an offence made punishable by a
scheme or any abetment thereof is a company, every person who, at the time the offence or abetment was
committed, was in charge of, and was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence or abetment and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence or abetment was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence or abetment.
(2) Notwithstanding anything contained in sub-section (1), where an offence made punishable by a
scheme or any abetment thereof has been committed by a company and it is proved that the offence or
abetment has been committed with the consent or connivance of, or is attributable to any neglect on the
part of, any director, manager, secretary or other officer of the company, such director, manager, secretary
or other officer shall also be deemed to be guilty of that offence or abetment and shall be liable to be
proceeded against and punished accordingly.
_Explanation. —For the purposes of this section,—_
(a) “company” means any body corporate and includes a firm and other association of
individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.]
**3[8. Power to make rules.—(1) The Government may, by notification in the Official Gazette, make**
rules to give effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the forgoing power, such rules may provide
for—
(a) the compositions of the Advisory Committee and Boards and the manner in which members
of the Advisory Committee and the Boards shall be chosen;
(b) the term of office of, and the manner of filling casual vacancies among, the members of a
Board or the Advisory Committee;
(c) the meetings of a Board and the Advisory Committee, the quorum for such meetings and the
conduct of business thereat;
(d) the conditions subject to which, and the mode in which, contracts may be entered into by or
on behalf of a Board;
(e) the allowances, if any, payable, to the members of a Board or the Advisory Committee;
(f) the disqualifications for membership of a Board;
1. See now the Code of Criminal Procedure, 1973 (2 of 1974).
2. Ins. by Act 31 of 1970, s. 3.
3. Ins. by Act 8 of 1962, s. 7 (w.e.f. 1-6-1962).
-----
(g) the form in which a Board shall prepare its annual statement of accounts and the
balance- sheet.
1* * * * * *
2[8A. Schemes and rules to be laid before Parliament.— Every scheme and every rule made under
this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any modification in the scheme
or rule or both Houses agree that the scheme or rule should not be made, the scheme or rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that scheme or rule.]
**9. Saving.— Every Dock Labour Board established for a port or a group of ports before the**
commencement of the Dock Workers (Regulation of Employment) Amendment Act, 1962 (8 of 1962),
under a scheme made under section 4, and functioning as such immediately before such commencement
shall be deemed to be a Board established under section 5A and, accordingly, all the provisions of this
Act shall apply to every such Board.]
1. Omitted by Act 49 of 1980, s. 4.
2. Ins. by s. 5, ibid.
-----
|
4-Mar-1948 | 08 | The Pharmacy Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1364/1/1948-08.pdf | central | # THE PHARMACY ACT, 1948
____________
# ARRANGEMENT OF SECTIONS
____________
CHAPTER I
INTRODUCTORY
SECTIONS
1. Short title, extent and commencement.
2. Interpretation.
CHAPTER II
THE PHARMACY COUNCIL OF INDIA
3. Constitution and composition of Central Council.
4. Incorporation of Central Council.
5. President and Vice-President of Central Council.
6. Mode of elections.
7. Term of office and casual vacancies.
8. Staff, remuneration and allowances.
9. The executive committee.
9A. Other Committees.
10. Education Regulations.
11. Application of Education Regulations to States.
12. Approved courses of study and examinations.
13. Withdrawal of approval.
14. Qualifications granted outside the territories to which this Act extends.
15. Mode of declarations.
15A. The Central Register.
15B. Registration in the Central Register.
16. Inspection.
17. Information to be furnished.
17A. Accounts and audit.
18. Power to make regulations.
CHAPTER III
STATE PHARMACY COUNCILS
19. Constitution and composition of State Councils.
20. Inter-State agreements.
21. Composition of Joint State Councils.
22. Incorporation of State Councils.
23. President and Vice-President of State Council.
24. Mode of elections.
25. Term of office and casual vacancies.
26. Staff, remuneration and allowances.
26A. Inspection.
27. The Executive Committee.
1
-----
SECTIONS
28. Information to be furnished.
CHAPTER IV
REGISTRATION OF PHARMACISTS
29. Preparation and maintenance of register.
30. Preparation of first register.
31. Qualifications for entry on first register.
32. Qualifications for subsequent registration.
32A. Special provisions for registration of certain persons.
32B. Special provisions for registration of displaced persons, repatriates and other persons.
32C. Special provision relating to persons registered or qualified under Jammu and Kashmir
Pharmacy Act, 2011.
33. Scrutiny of applications for registration.
34. Renewal fees.
35. Entry of additional qualifications.
36. Removal from register.
37. Restoration to register.
38. Bar of other jurisdiction.
39. Issue of duplicate certificates of registration.
40. Printing of register and evidentiary value of entries therein.
CHAPTER V
MISCELLANEOUS
41. Penalty for falsely claiming to be registered.
42. Dispensing by unregistered persons.
43. Failure to surrender certificate of registration.
43A. Adjudication of penalties.
44. Payment of part of fees to Central Council.
45. Appointment of Commission of Enquiry.
46. Power to make rules.
2
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# THE PHARMACY ACT, 1948
ACT NO. 8 OF 1948[1]
An Act to regulate the profession of pharmacy.
[4th March, 1948.]
WHEREAS it is expedient to make better provision for the regulation of the profession and practice of
pharmacy and for that purpose to constitute Pharmacy Councils;
It is hereby enacted as follows:—
CHAPTER I
INTRODUCTORY
**1. Short title, extent and commencement.—(1) This Act may be called the Pharmacy Act, 1948.**
2[(2) It extends to the whole of India 3***.]
(3) It shall come into force at once, but Chapters III, IV and V shall take effect in a particular State
from such date [4]*** as the State Government may, by notification in the Official Gazette, appoint in this
behalf:
5[Provided that where on account of the territorial changes brought about by the reorganisation of
States on the 1st day of November, 1956, Chapters III, IV and V have effect only in a part of a State, the
said Chapters shall take effect in the remaining part of that State from such date as the State Government
may in like manner appoint.]
**2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) “agreement” means an agreement entered into under section 20;
(b) “approved” means approved by the Central Council under section 12 or section 14;
6[(c) “Central Council” means the Pharmacy Council of India constituted under section 3;
(d) “Central Register” means the register of pharmacists maintained by the Central Council under
section 15A;
(da) “Executive Committee” means the Executive Committee of the Central Council or of the
State Council, as the context may require;
(e) “Indian University” means a University within the meaning of section 3 of the University
Grants Commission Act, 1956 (3 of 1956), and includes such other institutions, being institutions
established by or under a Central Act, as the Central Government may, by notification in the Official
Gazette, specify in this behalf;]
7[(f) “medical practitioner” means a person—
(i) holding a qualification granted by an authority specified or notified under section 3 of the
Indian Medical Degrees Act, 1916 (7 of 1916), or specified in the Schedules to the Indian
Medical Council Act, 1956 (102 of 1956); or
1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; to Pondcherry by Reg. 7
of 1963, s. 3 and the First Schedule; to Goa, and Diu by Reg. 11 of 1963, s. 3 and Schedule (w.e.f. 1-8-1965) and to
Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule.
The Act has been modified in its application to the States of Maharashtra, Gujarat, Mysore and Rajasthan by S.O. 2814, dated
14-8-1964, Gazette of India, 1964, Extraordinary, Part II, sec. 3(ii).
The Act has been modified in its application to the State of Tamil Nadu by the Madras Adaptation of Laws (Central Acts)
Order, 1957 and the Madras Adaptation of Laws (Central Acts) Order, 1961.
2. Subs. by Act 24 of 1959, s. 2, for sub-section (2) (w.e.f. 1-5-1960).
3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10-2019).
4. The words “not later than three years from the commencement of this Act,” omitted by s. 2, ibid. (w.e.f. 1-5-1960).
5. Ins. by s. 2, ibid. (w.e.f. 1-5-1960).
6. Subs. by Act 70 of 1976, s. 2, for clauses (c), (d) and (e) (w.e.f. 1-9-1976).
7. Subs. by Act 24 of 1959, s. 3, for clause (f) (w.e.f. 1-5-1960).
3
-----
(ii) registered or eligible for registration in a medical register of a State meant for the
registration of persons practising the modern scientific system of medicine; or
(iii) registered in a medical register of a State, who, although not falling within sub-clause (i)
or sub-clause (ii) is declared by a general or special order made by the State Government in this
behalf as a person practising the modern scientific system of medicine for the purposes of this
Act; or
(iv) registered or eligible for registration in the register of dentists for a State under the
Dentists Act, 1948 (16 1948); or
(v) who is engaged in the practice of veterinary medicine and who possesses qualifications
approved by the State Government;]
(g) “prescribed” means in Chapter II prescribed by regulations made under section 18, and
elsewhere prescribed by rules made under section 46;
1[(h) “register” means a register of pharmacists prepared and maintained under Chapter IV;
(i) “registered pharmacist” means a person whose name is for the time being entered in the
register of the State in which he is for the time being residing or carrying on his profession or
business of pharmacy;
(j) “State Council” means a State Council of Pharmacy constituted under section 19, and includes
a Joint State Council of Pharmacy constituted in accordance with an agreement under section 20;
(k) “University Grants Commission” means the University Grants Commission established under
section 4 of the University Grants Commission Act,1956 (3 of 1956).]
2* - - -
CHAPTER II
THE PHARMACY COUNCIL OF INDIA
**3. Constitution and composition of Central Council.—The Central Government shall, as soon as**
may be, constitute a Central Council consisting of the following members, namely:—
(a) six members, among whom there shall be at least one teacher of each of the subjects,
pharmaceutical chemistry, pharmacy, pharmacology and pharmacognosy elected by the [3][University
Grants Commission] from among persons on the teaching staff of an Indian University or a College
affiliated thereto which grants a degree or diploma in pharmacy;
(b) six members, of whom at least [4][four] shall be person possessing a degree or diploma in, and
practising pharmacy or pharmaceutical chemistry, nominated by the Central Government;
(c) one member elected from amongst themselves by the members of the Medical Council of
India;
(d) the Director General, Health Services, _ex officio or if he is unable to attend any meeting, a_
person authorised by him in writing to do so;
5[(dd) the Drugs Controller, India, _ex officio or if he is unable to attend any meeting, a person_
authorised by him in writing to do so;]
(e) the Director of the Central Drugs Laboratory, ex officio;
6[(f) a representative of the University Grants Commission and a representative of the All India
Council for Technical Education;]
1. Subs. by Act 70 of 1976, s. 2, for clauses (h), (i) and (j) (w.e.f. 1-9-1976).
2. Omitted by Act 24 of 1959, s. 3 (w.e.f. 1-5-1960).
3. Subs. by Act 70 of 1976, s. 3, for “authority known as the Inter-University Board” (w.e.f. 1-9-1976).
4. Subs. by s. 3, ibid., for “three” (w.e.f. 1-9-1976).
5. Ins. by Act 24 of 1959, s. 4 (w.e.f. 1-5-1960).
6. Subs. by Act 70 of 1976, s. 3, for clause (f) (w.e.f. 1-9-1976).
4
-----
(g) one member to represent each [1]*** State elected [2][from amongst themselves] by the members
of each State Council, who shall be a registered pharmacist;
(h) one member to represent each [1]*** State nominated by [3][the] State Government, who shall be
4*** a registered pharmacist:
5[Provided that for five years from the date on which the Pharmacy (Amendment) Act, 1976
(70 of 1976), comes into force the Government of each Union territory shall, instead of electing a
member under clause (g), nominate one member, being a person eligible for registration under
section 31, to represent that territory.]
6* - - -
**4. Incorporation of Central Council.—The Council constituted under section 3 shall be a body**
corporate by the name of the Pharmacy Council of India, having perpetual succession and a common seal,
with power to acquire and hold property both movable and immovable, and shall by the said name sue
and be sued.
**5. President and Vice-President of Central Council.—(1) The President and Vice-President of the**
Central Council shall be elected by the members of the said Council from among themselves.
7* - - -
(2) [8][The President] or Vice-President shall hold office as such for a term not exceeding five years
and not extending beyond the expiry of his term as member of the Central Council, but subject to his
being a member of the Central Council, he shall be eligible for re-election:
9[Provided that if his term of office as a member of the Central Council expires before the expiry of
the full term for which he is elected as President or Vice-President, he shall, if he is re-elected or renominated as a member of the Central Council, continue to hold office as President or Vice-President for
the full term for which he is elected to such office.]
**6. Mode of elections.—Elections under this Chapter shall be conducted in the prescribed manner and**
where any dispute arises regarding any such election it shall be referred to the Central Government whose
decision shall be final.
**7. Term of office and casual vacancies.—(1) Subject to the provisions of this section, a nominated**
or elected member [10]*** shall hold office for a term of five years from the date of his nomination or
election or until his successor has been duly nominated or elected, whichever is longer.
(2) A nominated or elected member may at any time resign his membership by writing under his hand
addressed to the President, and the seat of such member shall thereupon become vacant.
(3) A nominated or elected member shall be deemed to have vacated his seat if he is absent without
excuse, sufficient in the opinion of the Central Council, from three consecutive meetings of the Central
Council or if he is elected under clause (a), (c) or (g) of section 3, if he ceases to be a member of the
teaching staff, Medical Council of India or a registered pharmacist, as the case may be.
(4) A casual vacancy in the Central Council shall be filled by fresh nomination or election, as the case
may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of
the term for which the member whose place he takes was nominated or elected.
1. The word and letter “Part A” omitted by the Adaptation of Laws (No. 3) Order, 1956.
2. Ins. by Act 70 of 1976, s. 3 (w.e.f. 1-9-1976).
3. Subs. by the Adaptation of Laws (No. 3) Order, 1956, “each such”.
4. The words “either a registered medical practitioner or” omitted by Act 70 of 1976, s. 3 (w.e.f. 1-9-1976).
5. Subs. by s. 3, ibid., for the proviso (w.e.f. 1-9-1976).
6. The Explanation omitted by s. 3, ibid. (w.e.f. 1-9-1976).
7. The proviso omitted by Act 24 of 1959, s. 5 (w.e.f. 1-5-1960).
8. Subs. by Act 7 of 1976, s. 4, for “An elected President” (w.e.f. 1-9-1976).
9. Added by s. 4, ibid. (w.e.f. 1-9-1976).
10. The words “other than a nominated President” omitted ibid., s. 5 (w.e.f. 1-9-1976).
5
-----
(5) No act done by the Central Council shall be called in question on the ground merely of the
existence of any vacancy in, or any defect in the constitution of, the Central Council.
(6) Members of the Central Council shall be eligible for re- nomination or re-election.
1[8. Staff, remuneration and allowances.—The Central Council shall—
(a) appoint a Registrar who shall act as the Secretary to that Council and who may also, if
deemed expedient by that Council, act as the Treasurer thereof;
(b) appoint such other officers and servants as that Council deems necessary to enable it to carry
out its functions under this Act;
(c) require and take from the Registrar, or any other officer or servant, such security for the due
performance of his duties as that Council may consider necessary; and
(d) with the previous sanction of the Central Government, fix—
(i) the remuneration and allowances to be paid to the President, Vice-President, and other
members of that Council,
(ii) the pay and allowances and other conditions of service of officers and servants of that
Council.]
**9. The Executive Commitee.—(1) The Central Council shall, as soon as may be, constitute an**
Executive Committee consisting of the President (who shall be Chairman of the Executive Committee)
and Vice-President, ex officio, and five other members elected by the Central Council from amongst its
members.
(2) A member of the Executive Committee shall hold office as such until the expiry of his term of
office as member of the Central Council, but, subject to his being a member of the Central Council, he
shall be eligible for re-election.
(3) In addition to the powers and duties conferred and imposed upon it by this Act the Executive
Committee shall exercise and discharge such powers and duties as may be prescribed.
2[9A. Other Committees.—(1) The Central Council may constitute from among its members other
committees for such general or special purposes as that Council may deem necessary and for such periods
not exceeding five years as it may specify, and may co-opt for a like period persons, who are not
members of the Central Council, as members of such committees.
(2) The remuneration and allowances to be paid to the members of such committees shall be fixed by
the Central Council with the previous sanction of the Central Government.
(3) The business before such committees shall be conducted in accordance with such regulations as
may be made under this Act.]
**10. Education Regulations.—(1) Subject to the provisions of this section, the Central Council may,**
subject to the approval of the Central Government, make regulations, to be called the Education
Regulations, prescribing the minimum standard of education required for qualification as a pharmacist.
(2) In particular and without prejudice to the generality of the foregoing power, the Education
Regulations may prescribe—
(a) the nature and period of study and of practical training to be undertaken before admission to
an examination;
(b) the equipment and facilities to be provided for students undergoing approved courses of study;
(c) the subjects of examination and the standards therein to be attained;
(d) any other conditions of admission to examinations.
1. Subs. by Act 70 of 1976, s. 6, for section 8 (w.e.f. 1-9-1976).
2. Ins. by s. 7, ibid. (w.e.f. 1-9-1976).
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(3) Copies of the draft of the Education Regulations and of all Subsequent amendments thereof shall
be furnished by the Central Council to all State Governments, and the Central Council shall before
submitting the Education Regulations or any amendment thereof, as the case may be, to the Central
Government for approval under sub-section (1) take into consideration the comments of any State
Government received within three months from the furnishing of the copies as aforesaid.
(4) The Education Regulations shall be published in the Official Gazette and in such other manner as
the Central Council may direct.
(5) The Executive Committee shall from time to time report to the Central Council on the efficacy of
the Education Regulations and may recommend to the Central Council such amendments thereof as it
may think fit.
**11. Application of Education Regulations to States.—At any time after the constitution of the State**
Council under Chapter III and after consultation with the State Council, the State Government may, by
notification in the Official Gazette, declare that the Education Regulations shall take effect in the
State:
Provided that where no such declaration has been made, the Education Regulations shall take effect in
the State on the expiry of three years from the date of the constitution of the State Council.
**12. Approved courses of study and examinations.—(1) Any authority in a State** [1]*** which
conducts a course of study for pharmacists may apply to the Central Council for approval of the course,
and the Central Council, if satisfied, after such enquiry as it thinks fit to make, that the said course of
study is in conformity with the Education Regulations, shall declare the said course of study to be an
approved course of study for the purpose of admission to an approved examination for pharmacists.
(2) Any authority in a State [1]*** which holds an examination in pharmacy may apply to the Central
Council for approval of the examination, and the Central Council, if satisfied, after such enquiry as it
thinks fit to make, that the said examination is in conformity with the Education Regulations, shall
declare the said examination to be an approved examination for the purpose of qualifying for registration
as a pharmacist under this Act.
(3) Every authority in the States [1]*** which conducts an approved course of study or holds an
approved examination shall furnish such information as the Central Council may, from time to time,
require as to the courses of study and training and examination to be undergone, as to the ages at which
such courses of study and examination are required to be undergone and generally as to the requisites for
such courses of study and examination.
**13. Withdrawal of approval.—(1) Where the Executive Committee reports to the Central Council**
that an approved course of study or an approved examination does not continue to be in conformity with
the Education Regulations, the Central Council shall give notice to the authority concerned of its intention
to take into consideration the question of withdrawing the declaration of approval accorded to the course
of study or examination, as the case may be, and the said authority shall within three months from the
receipt of such notice forward to the Central Council through the State Government such representation in
the matter as it may wish to make.
(2) After considering any representation which may be received from the authority concerned and any
observations thereon which the State Government may think fit to make, the Council may declare that the
course of study or the examination shall be deemed to be approved only when completed or passed, as the
case may be, before a specified date.
**14. Qualifications granted outside the territories to which this Act extends.—The Central**
Council, if it is satisfied that any qualification in pharmacy granted by an authority outside the [2][territories
to which this Act extends], affords a sufficient guarantee of the requisite skill and knowledge, may
declare such qualification to be an approved qualification for the purpose of qualifying for registration
under this Act, and may for reasons appearing to it sufficient at any time declare that such qualification
1. The words “of India” omitted by the A.O. 1950.
2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part A States and Part C States”
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shall be deemed [1][subject to such additional conditions, if any, as may be specified by the Central
Council,] to be approved only when granted before or after a specified date:
Provided that no person other than a [2][citizen of India] possessing such qualification shall be deemed
to be qualified for registration unless by the law and practice of the State or country in which the
qualification is granted, persons of Indian origin holding such qualification are permitted to enter and
practise the profession of pharmacy.
**15. Mode of declarations.—All declarations under section 12, section 13 or section 14 shall be made**
by resolution passed at a meeting of the Central Council, and shall have effect as soon as they are
published in the Official Gazette.
3[15A. The Central Register.—(1) The Central Council shall cause to be maintained in the
prescribed manner a register of pharmacists to be known as the Central Register, which shall contain the
names of all persons for the time being entered in the register for a State.
(2) Each State Council shall supply to the Central Council five copies of the register for the State as
soon as may be after the first day of April of each year, and the Registrar of each State Council, shall
inform the Central Council, without delay, all additions to, and other amendments in, the register for the
State made from time to time.
(3) It shall be the duty of the Registrar of the Central Council to keep the Central Register in
accordance with the orders made by the Central Council, and from time to time to revise the Central
Register and publish it in the Gazette of India.
(4) The Central Register shall be deemed to be public document within the meaning of the Indian
Evidence Act, 1872 (1 of 1872) and may be proved by the production of a copy of the Register as
published in the Gazette of India.
**15B. Registration in the Central Register.—The Registrar of the Central Council shall, on receipt**
of the report of registration of a person in the register for a State, enter his name in the Central Register.]
**16. Inspection.—(1) The Executive Committee may appoint such number of Inspectors as it may**
deem requisite for purposes of this Chapter.
(2) An Inspector may—
(a) inspect any institution which provides an approved course of study;
(b) attend at any approved examination;
(c) inspect any institution whose authorities have applied for the approval of its course of study or
examination under this Chapter, and attend at any examination of such institution.
(3) An Inspector attending at any examination under sub-section (2) shall not interfere with the
conduct of the examination, but he shall report to Executive Committee on the sufficiency of every
examination he attends and on any other matter in regard to which the Executive Committee may require
him to report.
(4) The Executive Committee shall forward a copy of every such report to the authority or institution
concerned, and shall also forward a copy together with any comments thereon which the said authority or
institution may have made, to the Central Government and to the Government of the State in which the
authority or institution is situated.
**17. Information to be furnished.—(1) The Central Council shall furnish copies of its minutes and of**
the minutes of the Executive Committee and an annual report of its activities [4]*** to the Central
Government.
1. Ins. by Act 70 of 1976, s. 8 (w.e.f. 1-9-1976).
2. Subs. by the A.O. 1950, for “British subject of Indian domicile”.
3. Ins. by Act 70 of 1976, s. 9 (w.e.f. 1-9-1976).
4. The words “together with an abstract of its accounts” omitted by s. 10, ibid. (w.e.f. 1-9-1976).
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(2) The Central Government may publish in such manner as it may think fit any report, [1][or copy],
furnished to it under this section or under section 16.
2[17A. Accounts and audit.—(1) The Central Council shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts, in accordance with such general directions
as may be issued and in such form as may be specified by the Central Government in consultation with
the Comptroller and Auditor-General of India.
(2) The accounts of the Central Council shall be audited annually by the Comptroller and Auditor
General of India or any person authorised by him in this behalf and any expenditure incurred by him or
any person so authorised in connection with such audit shall be payable by the Central Council to the
Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person authorised by him in connection
with the audit of the accounts of the Central Council shall have the same rights and privileges and
authority in connection with such audit as the Comptroller and Auditor-General of India has in connection
with the audit of Government accounts, and in particular, shall have the right to demand the production of
books of accounts, connected vouchers and other documents and papers.
(4) The accounts of the Central Council as certified by the Comptroller and Auditor-General of India
or any person authorised by him in this behalf together with the audit report thereon shall be forwarded
annually to the Central Council which shall forward the same with its comments to the Central
Government.]
**18. Power to make ragulations.—(1) The Central Council may, with the approval of the Central**
Government, [3][by notification in the Official Gazette,] make regulations consist with this Act to carry out
the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may
provide for—
4[(a) the management of the property of the Central Council;]
(b) the manner in which elections under this Chapter shall be conducted;
(c) the summoning and holding of meetings of the Central Council, the times and places at which
such meetings shall be held, the conduct of business thereat and the number of members necessary to
constitute a quorum;
(d) the functions of the Executive Committee, the summoning and holding meetings thereof, the
times and places at which such meetings shall be held, and the number of members necessary to
constitute a quorum;
(e) the powers and duties of the President and Vice-President;
(f) the qualifications, the term of office and the powers and duties of the [5][Registrar, Secretary],
Inspectors and other officers and servants of the Central Council, including the amount and nature of
the security to be furnished by the [6][Registrar or any other officer or servant].
7[(g) the manner in which the Central Register shall be maintained and given publicity;
(h) constitution and functions of the committees other than Executive Committee, the summoning
and holding of meetings thereof, the time and place at which such meetings shall be held, and the
number of members necessary to constitute the quorum.]
1. Subs. by Act 70 of 1976, s. 10, for “copy or abstract” (w.e.f. 1-9-1976).
2. Ins. by s. 11, ibid. (w.e.f. 1-9-1976).
3. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986).
4. Subs. by Act 70 of 1976, s. 12, for clause (a) (w.e.f. 1-9-1976).
5. Subs. by s. 12, ibid., for “Secretary” (w.e.f. 1-9-1976).
6. Subs. by s. 12, ibid., for “Treasurer” (w.e.f. 1-9-1976).
7. Ins. by s. 12, ibid. (w.e.f. 1-9-1976).
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1[(i) the manner of holding inquiry and imposing penalty under sub-section (1) of section 43A;
(j) the form and manner of preferring appeal under sub-section (2) of section 43A.]
(3) Until regulations are made by the Central Council under this section, the President may, with the
previous sanction of the Central Government, make such regulations under this section, including those to
provide for the manner in which the first elections to the Central Council shall be conducted, as may be
necessary for carrying into effect the provisions of this Chapter, and any regulations so made may be
altered or rescinded by the Central Council in exercise of its powers under this section.
2[(4) Every regulation made under this Act, shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the regulation or both Houses agree that the regulation should not be made, the regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that regulation.]
CHAPTER III
STATE PHARMACY COUNCILS
**19. Constitution and composition of State Councils.—Except where a Joint State Council is**
constituted in accordance with an agreement made under section 20, the State Government shall
constitute a State Council consisting of the following members, namely:—
(a) six members, elected from amongst themselves by registered pharmacists of the State;
(b) five members, of whom at least [3][three] shall be persons possessing a prescribed degree or
diploma in pharmacy or pharmaceutical chemistry or [4][registered pharmacists], nominated by the
State Government;
(c) one member elected from amongst themselves by the members of each Medical Council or the
Council of Medical Registration of the State, as the case may be;
(d) the chief administrative medical officer of the State ex-officio or if he is unable to attend any
meeting, a person authorised by him in writing to do so;
5[(dd) the officer-in-charge of drugs control organisation of the State under the 6[Drugs and
Cosmetics Act, 1940 (23 of 1940)], _ex officio or if he is unable to attend any meeting, a person_
authorised by him in writing to do so;]
(e) the Government Analyst under the [6][Drugs and Cosmetics Act, 1940 (23 of 1940)], ex officio,
or where there is more than one, such one as the State Government may appoint in this behalf:
Provided that where an agreement is made under clause (b) of sub-section (1) of section 20, the
agreement may provide that the State Council to serve the needs of the other participating States also shall
be augmented by not more than two members, of whom at least one shall at all times be a person
possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or a [7][registered
pharmacist], nominated by the Government of each of the said other participating States, and where the
agreement so provides, the composition of the State Council shall be deemed to be augmented
accordingly.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 31-12-2024).
2. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986).
3. Subs. by Act 70 of 1976, s. 13, for “two” (w.e.f. 1-9-1976).
4. Subs. by s. 13, ibid., for “members of the pharmaceutical profession” (w.e.f. 1-9-1976).
5. Ins. by Act 24 of 1959, s. 7 (w.e.f. 1-5-1960).
6. Subs. by Act 70 of 1976, s. 13, for “Drugs Act, 1940 (23 of 1940)” (w.e.f. 1-9-1976).
7. Subs. by s. 13, ibid., for “member of the pharmaceutical profession” (w.e.f. 1-9-1976).
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**20. Inter-State ageements.—(1) Two or more State Governments may enter into an agreement to be**
in force for such period and to be subject to renewal for such further periods, if any, as may be specified
in the agreement, to provide—
(a) for the constitution of a Joint State Council for all the participating States, or
(b) that the State Council of one State shall serve the needs of the other participating States.
(2) In addition to such matters as are in this Act specified, an agreement under this section may—
(a) provide for the apportionment between the participating States of the expenditure in
connection with the State Council or Joint State Council;
(b) determine which of the participating State Governments shall exercise the several functions of
the State Government under this Act, and the references in this Act to the State Government shall be
construed accordingly;
(c) provide for consultation between the participating State Governments either generally or with
reference to particular matters arising under this Act;
(d) make such incidental and ancillary provisions, not inconsistent with this Act, as may be
deemed necessary or expedient for giving effect to the agreement.
(3) An agreement under this section shall be published in the Official Gazettes of the participating
States.
**21. Composition of Joint State Councils.—(1) A Joint State Council shall consist of the following**
members, namely:—
(a) such number of members, being not less than three and not more than five as the agreement
shall provide elected from amongst themselves by the registered pharmacists of each of the
participating States;
(b) such number of members, being not less than two and not more than four as the agreement
shall provide, nominated by each participating State Government;
(c) one member elected from amongst themselves by the members of each Medical Council or the
Council of Medical Registration of each participating State, as the case may be;
(d) the chief administrative medical officer of each participating State, _ex officio, or if he is_
unable to attend any meeting, a person authorised by him in writing to do so;
1[(dd) the officer-in-charge of drugs control organisation of each participating State under the
2[Drugs and Cosmetics Act, 1940] (23 of 1940), ex officio, or if he is unable to attend any meeting, a
person authorised by him in writing to do so;]
(e) the Government Analyst under the [2][Drugs and Cosmetics Act, 1940 (23 of 1940)], of each
participating State, ex officio, or where there is more than one in any such State, such one as the State
Government may appoint in this behalf.
(2) The agreement may provide that within the limits specified in clauses (a) and (b) of sub-section
(1), the number of members to be elected or nominated under those clauses may or may not be the same
in respect of each participating State.
(3) Of the members nominated by each State Government under clause (b) of sub-section (1), [3][more
than half] shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical
chemistry or [4][registered pharmacists].
**22. Incorporation of State Councils.—Every State Council shall be a body corporate by such name**
as may be notified by the State Government in the Official Gazette or, in the case of a Joint State Council,
1. Ins. by Act 24 of 1959, s. 8 (w.e.f. 1-5-1960).
2. Subs. by Act 70 of 1976, s. 14, for “Drugs Act, 1940 (23 of 1940)” (w.e.f. 1-9-1976).
3. Subs. by s. 14, ibid., for “at least half” (w.e.f. 1-9-1976).
4. Subs. by s. 14, ibid., for “members of the pharmaceutical profession” (w.e.f. 1-9-1976).
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as may be determined in the agreement, having perpetual succession and a common seal, with power to
acquire or hold property both, movable and immovable and shall by the said name sue and be sued.
**23. President and Vice-President of State Council.—(1) The President and Vice-President of the**
State Council shall be elected by the members from amongst themselves:
Provided that for five years from the first constitution of the State Council the President shall be a
person nominated by the State Government who shall hold office at the pleasure of the State Government
and where he is not already a member, shall be a member of the State Council in addition to the members
referred to in section 19 or section 21, as the case may be.
(2) [1][The President] or Vice-President shall hold office as such for a term not exceeding five years
and not extending beyond the expiry of his term as a member of the State Council, but subject to his being
a member of the State Council, he shall be eligible for re-election:
2[Provided that if his term of office as a member of the State Council expires before the expiry of the
full term for which he is elected as President or Vice-President, he shall, if he is re-elected or
re-nominated as a member of the State Council, continue to hold office for the full term for which he is
elected as President or Vice- President.]
**24. Mode of elections.—Elections under this Chapter shall be conducted in the prescribed manner,**
and where any dispute arises regarding any such election, it shall be referred to the State Government
whose decision shall be final.
**25. Term of office and casual vacancies.—(1) Subject to the provisions of this section, a nominated**
or elected member, other than a nominated President, shall hold office for a term of five years from the
date of his nomination or election or until his successor has been duly nominated or elected, whichever is
longer.
(2) A nominated or elected member may at any time resign his membership by writing under his hand
addressed to the President, and the seat of such member shall thereupon become vacant.
(3) A nominated or elected member shall be deemed to have vacated his seat if he is absent without
excuse sufficient in the opinion of the State Council from three consecutive meetings of the State Council,
or if he is elected under clause (a) or (c) of section 19 or 21, if he ceases to be a registered pharmacist or
ceases to be a member of the Medical Council or Council of Medical Registration of the State, as the case
may be.
(4) A casual vacancy in the State Council shall be filled by fresh nomination or election, as the case
may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of
the term for which the member whose place he takes was nominated or elected.
(5) No act done by the State Council shall be called in question on the ground merely of the existence
of any vacancy in, or any defect in the constitution of, the State Council.
(6) Members of the State Council shall be eligible for re-nomination or re-election.
**26. Staff, remuneration and allowances.—The State Council may, with the previous sanction of the**
State Government,—
(a) appoint a Registrar who shall also act as Secretary and, if so decided by the State Council,
Treasurer, of the State Council;
(b) appoint such other officers and servants as may be required to enable the State Council to
carry out its functions under this Act;
(c) fix the salaries and allowances and other conditions of service of the Secretary and other
officers and servants of the State Council;
(d) fix the rates of allowances payable to members of the State Council:
1. Subs. by Act 70 of 1976, s. 15, for “An elected President” (w.e.f. 1-9-1976).
2. Added by s. 15, ibid. (w.e.f. 1-9-1976).
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Provided that for the first four years from the first constitution of the State Council, the Registrar shall
be a person appointed by the State Government, who shall hold office during the pleasure of the State
Government.
1[26A. Inspection.—(1) A State Council may, with the previous sanction of the State Government,
appoint Inspectors having the prescribed qualifications for the purposes of Chapters III, IV and V of this
Act.
(2) An Inspector may—
(a) inspect any premises where drugs are compounded or dispensed and submit a written report to
the Registrar;
(b) enquire whether a person who is engaged in compounding or dispensing of drugs is a
registered pharmacist;
(c) investigate any complaint made in writing in respect of any contravention of this Act and
report to the Registrar;
(d) institute prosecution under the order of the Executive Committee of the State Council;
(e) exercise such other powers as may be necessary for carrying out the purposes of Chapters III,
IV and V of this Act or any rules made thereunder.
(3) Any person wilfully obstructing an Inspector in the exercise of powers conferred on him by or
under this Act or any rules made thereunder shall be [2][liable to penalty which may extend to one lakh
rupees].
(4) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code (45 of 1860).]
**27. The Executive Committee.—(1) The State Council shall, as soon as may be, constitute an**
Executive Committee consisting of the President (who shall be Chairman of the Executive Committee)
and Vice-President, _ex officio, and such number of other members elected by the State Council from_
amongst themselves as may be prescribed.
(2) A member of the Executive Committee shall hold office as such until the expiry of his term of
office as member of the State Council, but, subject to his being a member of the State Council, he shall be
eligible for re-election.
(3) In addition to the powers and duties conferred and imposed upon it by this Act, the Executive
Committee shall exercise and discharge such powers and duties as may be prescribed.
**28. Information to be furnished.—(1) The State Council shall furnish such reports, copies of its**
minutes and of the minutes of the Executive Committee, and abstracts of its accounts to the State
Government as the State Government may from time to time require and copies thereof shall be sent to
the Central Council.
(2) The State Government may publish, in such manner as it may think fit, any report, copy, abstract
or other information furnished to it under this section.
CHAPTER IV
REGISTRATION OF PHARMACISTS
**29. Preparation and maintenance of register.—(1) As soon as may be after this Chapter has taken**
effect in any State, the State Government shall cause to be prepared in the manner hereinafter provided a
register of pharmacists for the State.
(2) The State Council shall as soon as possible after it is constituted assume the duty of maintaining
the register in accordance with the provisions of this Act.
(3) The register shall include the following particulars, namely:—
1. Ins. by Act 70 of 1976, s. 16 (w.e.f. 1-9-1976).
2. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 31-12-2024).
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(a) the full name and residential address of the registered person;
(b) the date of his first admission to the register;
(c) his qualifications for registration;
(d) his professional address, and if he is employed by any person, the name of such person;
(e) such further particulars as may be prescribed.
**30. Preparation of first register.—(1) For the purpose of preparing the first register, the State**
Government shall by notification in the Official Gazette constitute a Registration Tribunal consisting of
three persons, and shall also appoint a Registrar who shall act as Secretary of the Registration Tribunal.
(2) The State Government shall, by the same or a like notification, appoint a date on or before which
application for registration, which shall be accompanied by the prescribed fee, shall be made to the
Registration Tribunal.
(3) The Registration Tribunal shall examine every application received on or before the appointed
date, and if it is satisfied that the applicant is qualified for registration under section 31, shall direct the
entry of the name of the applicant on the register.
(4) The first register so prepared shall thereafter be published in such manner as the State
Government may direct, and any person aggrieved by a decision of the Registration Tribunal expressed or
implied in the register as so published may, within sixty days from the date of such publication, appeal to
an authority appointed by the State Government in this behalf by notification in the Official Gazette.
(5) The Registrar shall amend the register in accordance with the decision of the authority appointed
under sub-section (4) and shall thereupon issue to every person whose name is entered in the register a
certificate of registration in the prescribed form.
(6) Upon the constitution of the State Council, the register shall be given into its custody, and the
State Government may direct that all or any specified part of the application fees for registration in the
first register shall be paid to the credit of the State Council.
**31. Qualifications for entry on first register.—[1][A person who has attained the age of eighteen**
years shall be entitled] on payment of the prescribed fee to have his name entered in the first register if he
resides, or carries on the business or profession of pharmacy, in the State and if he—
(a) holds a degree or diploma in pharmacy or pharmaceutical chemistry or a chemist and druggist
diploma of an Indian University or a State Government, as the case may be, or a prescribed
qualification granted by an authority outside [2]*** India, or
(b) holds a degree of an Indian University other than a degree in pharmacy or pharmaceutical
chemistry, and has been engaged in the compounding of drugs in a hospital or dispensary or other
place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total
period of not less than three years, or
(c) has passed an examination recognised as adequate by the State Government for compounders
or dispensers, or
(d) has been engaged in the compounding of drugs in a hospital or dispensary or other place in
which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not
less than five years prior to the date notified under sub-section (2) of section 30.
**32. Qualifications for subsequent registration.—(1) After the date appointed under sub-section (2)**
of section 30 and before the Education Regulations have, by or under section 11, taken effect in the
State, [3][a person who has attained the age of eighteen years shall on payment of the prescribed fee] be
entitled to have his name entered in the register if he resides or carries on the business or profession of
pharmacy in the State and if he—
1. Subs. by Act 24 of 1959, s. 9, for “A person shall be entitled” (w.e.f. 1-5-1960).
2. The words “the Provinces of” omitted by the A.O. 1950.
3. Subs. by Act 24 of 1959, s. 10, for “a person shall on payment of the prescribed fee” (w.e.f. 1-5-1960).
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(a) satisfies the conditions prescribed with the prior approval of the Central Council, or where no
conditions have been prescribed, the conditions entitling a person to have his name entered on the
first register as set out in section 31, or
(b) is a registered pharmacist in another State, or
(c) possesses a qualification approved under section 14:
Provided that no person shall be entitled [1][under clause (a) or clause (c)] to have his name entered on
the register unless he has passed a matriculation examination or an examination prescribed as being
equivalent to a matriculation examination.
(2) After the Education Regulations have by or under section 11 taken effect in the State, a person
shall on payment of the prescribed fee be entitled to have his name entered on the register if he has
attained the age of [2][eighteen years], if he resides, or carries on the business or profession of pharmacy, in
the State and if he has passed an approved examination or possesses a qualification approved under
section 14 [3][or is a registered pharmacist in another State].
4[32A. Special provisions for registration of certain persons.—(1) Notwithstanding anything
contained in section 32, a State Council may also permit to be entered on the register—
(a) the names of displaced persons who have been carrying on the business or profession of
pharmacy as their principal means of livelihood from a date prior to the 4th day of March, 1948, and
who satisfy the conditions for registration as set out in section 31;
(b) the names of citizens of India who have been carrying on the business or profession of
pharmacy in any country outside India and who satisfy the conditions for registration as set out in
section 31;
(c) the names of persons who resided in an area which has subsequently become a territory of
India and who satisfy the conditions for registration as set out in section 31;
(d) the names of persons who carry on the business or profession of pharmacy in the State, and
(i) would have satisfied the conditions for registration as set out in section 31, on the date
appointed under sub-section (2) of section 30, had they applied for registration on or before that
date; or
(ii) have been engaged in the compounding of drugs in a hospital or dispensary or other place
in which drugs are regularly dispensed on prescriptions of medical practitioners as defined in
sub-clause (iii) of clause (f) of section 2 for a total period of not less than five years prior to the
date appointed under sub-section (2) of section 30;
(e) the names of persons who were qualified to be entered in the register for a State as it existed
immediately before the 1st day of November, 1956, but who, by reason of the area in which they
resided or carried on their business or profession of pharmacy having become part of a State as
formed on that date, are not qualified to be entered in the register for the latter State only by reason of
their not having passed either a matriculation examination or an examination prescribed as being
equivalent to a matriculation examination of an approved examination or of their not possessing a
qualification approved under section 14;
(f) the names of persons—
(i) who were included in the register for a State as it existed immediately before the 1st day of
November, 1956; and
(ii) who, by reason of the area in which they resided or carried on their business or profession
of pharmacy having become part of a State as formed on that date, reside or carry on such
business or profession in the latter State;
1. Subs. by Act 24 of 1959, s. 10, for “under this sub-section” (w.e.f. 1-5-1960).
2. Subs. by s. 10, ibid., for “twenty-one years” (w.e.f. 1-5-1960).
3. Ins. by s. 10, ibid. (w.e.f. 1-5-1960).
4. Ins. by s. 11, ibid. (w.e.f. 1-5-1960).
15
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(g) the names of persons who reside or carry on their business or profession of pharmacy in an
area in which this Chapter takes effect after the commencement of the Pharmacy (Amendment) Act,
1959 (24 of 1959), and who satisfy the conditions for registration as set out in section 31.
(2) Any person who desires his name to be entered in the register in pursuance of sub-section (1) shall
make an application in that behalf to the State Council, and such application shall be accompanied by the
prescribed fee.
(3) The provisions of this section shall remain in operation for a period of two years from the
commencement of the Pharmacy (Amendment) Act, 1959 (24 of 1959):
Provided that the State Government may, by notification in the Official Gazette, extend the period of
operation of clause (a), clause (b) or clause (c) of sub-section (1) by such further period or periods, not
exceeding two years in the aggregate, as may be specified in the notification.
_Explanation 1.—For the purposes of clause (a) of sub-section (1), “displaced person” means any_
person who on account of the setting up of the Dominions of India and Pakistan or on account of civil
disturbances or the fear of such disturbances in any area now forming part of Pakistan, has, on or after the
1st day of March, 1947, left or been displaced from his place of residence in such area and who has since
then been residing in India.
_Explanation 2.—For the purposes of clauses (b), (c) and (g) of sub-section (1), the period referred to_
in clause (d) of section 31 shall be computed with reference to the date of application.]
1[32B. Special provisions for registration of displaced persons, repatriates and other persons.—
(1) Notwithstanding anything contained in section 32 or section 32A, a State Council may permit to be
entered on the register—
(a) the names of persons who possess the qualification specified in clause (a) or clause (c) of
section 31 and who were eligible for registration between the closing of the First Register and the date
when the Education Regulations came into effect.
(b) the names of persons approved as “qualified persons” before the 31st December, 1969 for
compounding or dispensing of medicines under the Drugs and Cosmetics Act, 1940 (23 of 1940), and
the rules made thereunder;
(c) the names of displaced persons or repatriates who were carrying on business or profession of
pharmacy as their principal means of livelihood in any country outside India for a total period of not
less than five years from a date prior to the date of application for registration.
_Explanation.—In this sub-section,—_
(i) “displaced person” means any person who, on account of civil disturbances or the fear of such
disturbances in any area now forming part of Bangla Desh, has, after the 14th day of April, 1957 but
before the 25th day of March, 1971, left, or has been displaced from, his place of residence in such
area and who has since then been residing in India;
(ii) “repatriate” means any person of Indian origin who, on account of civil disturbances or the
fear of such disturbances in any area now forming part of Burma, Sri Lanka or Uganda, or any other
country has, after the 14th day of April, 1957, left or has been displaced from, his place of residence
in such area and who has since then been residing in India.
(2) The provisions of clauses (a) and (b) of sub-section (1) shall remain in operation for a period of
two years from the commencement of the Pharmacy (Amendment) Act, 1976 (70 of 1976).]
1. Ins. by Act 70 of 1976, s. 17 (w.e.f. 1-9-1976).
16
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**STATE AMENDMENTS**
**Jammu and Kashmir (UT).—**
Insertion of new section—After section 32B, insert—
**“32C. Special provisions regarding persons registered under Jammu and Kashmir Pharmacy**
**Act, Samvat, 2011 (1955 A.D.).—Notwithstanding anything contained in section 32, any person whose**
name has been entered in the register of pharmacists maintained under the Jammu and Kashmir Pharmacy
Act, 2011 (1955 A.D.) and possesses qualification prescribed under the said Act shall be deemed to have
been entered in the register of pharmacists prepared and maintained under Chapter IV of this Act, subject
to an application to be made in this behalf within a period of one year commencing from 31[st] October,
2020 and payment of such fee as may be prescribed by the Government of Union territory of Jammu and
Kashmir.”
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order,
2020, notification No. S.O. 3465(E), dated (5-10-2020).]
**Ladakh (UT).—**
Insertion of new section—After section 32B, insert—
**“32C. Special provisions regarding persons registered under Jammu and Kashmir Pharmacy**
**Act, Samvat, 2011 (1955 A.D.).—Notwithstanding anything contained in section 32, any person whose**
name has been entered in the register of pharmacists maintained under the Jammu and Kashmir Pharmacy
Act, 2011 (1955 A.D.) and possesses qualification prescribed under the said Act shall be deemed to have
been entered in the register of pharmacists prepared and maintained under Chapter IV of this Act, subject
to an application to be made in this behalf within a period of one year commencing from 1st day of the
January, 2020 and payment of such fee as may be prescribed by the Administration of the Union territory
of Ladakh.”
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020,
notification No. S.O. 3774(E), dated (23-10-2020).]
1[32C. Special provision relating to persons registered or qualified under Jammu and Kashmir
**Pharmacy Act, 2011.—Notwithstanding anything contained in section 32, any person whose name has**
been entered in the register of pharmacists maintained under the Jammu and Kashmir Pharmacy Act,
2011 (Jammu and Kashmir Act no. LIII of 2011 (1955 A.D.). or possesses qualification (medical
assistant/pharmacists) prescribed under the said Act shall be deemed to have been entered in the register
of pharmacists prepared and maintained under Chapter IV of this Act, subject to condition that an
application to be made in this behalf within a period of one year from the commencement of the
Pharmacy (Amendment) Act, 2023 and on payment of such fee, and in such manner, as may be prescribed
by the Government of Union territory of Jammu and Kashmir and Administration of Union territory of
Ladakh.]
**33. Scrutiny of applications for registration.—(1) After the date appointed under sub-section (2) of**
section 30, applications for registration shall be addressed to the Registrar of the State Council and shall
be accompanied by the prescribed fee.
(2) If upon such application the Registrar is of opinion that the applicant is entitled to have his name
entered in the register under the provisions of this Act for the time being applicable, he shall enter the
name of the applicant in the register:
Provided that no person whose name has under the provisions of this Act been removed from the
register of any State shall be entitled to have his name entered in the register except with the approval of
the State Council recorded at a meeting.
(3) Any person whose application for registration is rejected by the Registrar, may within three
months from the date of such rejection appeal to the State Council, and the decision of the State Council
thereon shall be final.
1. Ins. by Act 29 of 2023, s. 2 (w.e.f. 15-8-2023).
17
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(4) Upon entry in the register of a name under this section, the Registrar shall issue a certificate of
registration in the prescribed form.
**34. Renewal fees.—(1) The State Government may, by notification in the Official Gazette, direct that**
for the retention of a name on the register after the 31st day of December of the year following the year in
which the name is first entered on the register, there shall be paid annually to the State Council such
renewal fee as may be prescribed, and where such direction has been made, such renewal fee shall be due
to be paid before the first day of April of the year to which it relates.
(2) Where a renewal fee is not paid by the due date, the Registrar shall remove the name of the
defaulter from the register:
Provided that a name so removed may be restored to the register on such conditions as may be
prescribed.
(3) On payment of the renewal fee, the Registrar shall [1][issue a receipt therefore and such receipt shall
be proof of renewal of registration].
**35. Entry of additional qualifications.—A registered pharmacist shall on payment of the prescribed**
fee be entitled to have entered in the register any further degrees or diplomas in pharmacy or
pharmaceutical chemistry which he may obtain.
**36. Removal from register.—(1) Subject to the provisions of this section, the Executive Committee**
may order that the name of a registered pharmacist shall be removed from the register, where it is
satisfied, after giving him a reasonable opportunity of being heard and after such further inquiry, if any, as
it may think fit to make,—
(i) that his name has been entered in the register by error or on account of misrepresentation or
suppression of a material fact, or
(ii) that he has been convicted of any offence or has been guilty of any infamous conduct in any
professional respect which in the opinion of the Executive Committee, renders him unfit to be kept in
the register, or
(iii) that a person employed by him for the purposes of his business of pharmacy [2][or employed to
work under him in connection with any business of pharmacy] has been convicted of any such
offence or has been guilty of any such infamous conduct as would, if such person were a registered
pharmacist, render him liable to have his name removed from the register under clause (ii):
Provided that no such order shall be made under clause (iii) unless the Executive Committee is
satisfied—
(a) that the offence or infamous conduct was instigated or connived at by the registered
pharmacist, or
(b) that the registered pharmacist has at any time during the period of twelve months immediately
preceding the date on which the offence or infamous conduct took place committed a similar offence
or been guilty of similar infamous conduct, or
(c) that any person employed by the registered pharmacist for the purposes of his business of
pharmacy [2][or employed to work under him in connection with any business of pharmacy] has at any
time during the period of twelve months immediately preceding the date on which the offence or
infamous conduct took place, committed a similar offence or been guilty of similar infamous conduct,
and that the registered pharmacist had, or reasonably ought to have had, knowledge of such previous
offence or infamous conduct, or
(d) that where the offence or infamous conduct continued over a period, the registered pharmacist
had, or reasonably ought to have had, knowledge of the continuing offence or infamous conduct, or
1. Subs. by Act 24 of 1959, s. 12, for “in the prescribed manner endorse the certificate of registration accordingly”
(w.e.f. 1-5-1960).
2. Ins. by s. 13, ibid. (w.e.f. 1-5-1960).
18
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(e) that where the offence is an offence under the [1][Drugs and Cosmetics Act, 1940
(23 of 1940)], the registered pharmacist has not used due diligence in enforcing compliance with the
provisions of that Act in his place of business and by persons employed by him [2][or by persons under
his control].
(2) An order under sub-section (1) may direct that the person whose name is ordered to be removed
from the register shall be ineligible for registration in the State under this Act either permanently or for
such period as may be specified.
(3) An order under sub-section (1) shall be subject to confirmation by the State Council and shall not
take effect until the expiry of three months from the date of such confirmation.
(4) A person aggrieved by an order under sub-section (1) which has been confirmed by the State
Council may, within thirty days from the communication to him of such confirmation, appeal to the State
Government, and the order of the State Government upon such appeal shall be final.
(5) A person whose name has been removed from the register under this section or under sub-section
(2) of section 34 shall forthwith surrender his certificate of registration to the Registrar, and the name so
removed shall be published in the Official Gazette.
**37. Restoration to register.—The State Council may at any time for reasons appearing to it**
sufficient order that upon payment of the prescribed fee the name of a person removed from the register
shall be restored thereto:
Provided that where an appeal against such removal has been rejected by the State Government, an
order under this section shall not take effect until it has been confirmed by the State Government.
**38. Bar of other jurisdiction.—No order refusing to enter a name on the register or removing a name**
from the register shall be called in question in any Court.
**39. Issue of duplicate certificates of registration.—Where it is shown to the satisfaction of the**
Registrar that a certificate of registration has been lost or destroyed, the Registrar may, on payment of the
prescribed fee, issue a duplicate certificate in the prescribed form.
**3[40. Printing of register and evidentiary value of entries therein.—(1) As soon as may be after**
the 1st day of April subsequent to the commencement of the Pharmacy (Amendment) Act, 1959
(24 of 1959), the Registrar shall cause to be printed copies of the register as it stood on the said date.
(2) The Registrar shall thereafter cause to the printed as soon as may be after the 1st day of April in
each year copies of the annual supplement to the register referred to in sub-section (1), showing all
additions to, and other amendments in, the said register.
(3) (a) The register shall be brought up-to-date three months before ordinary elections to the State
Council are held and copies of this register shall be printed.
(b) The provisions of sub-section (2) shall apply to the register as so printed as they apply to the
register referred to in sub-section (1).
(4) The copies referred to in sub-section (1) or sub-section (2) or sub-section (3) shall be made
available to persons applying therefor on payment of the prescribed charge and shall be evidence that on
the date referred to in the register or annual supplement, as the case may be, the persons whose names are
entered therein were registered pharmacist.]
CHAPTER V
MISCELLANEOUS
**41. Penalty for falsely claiming to be registered.—[4][(1) If any person whose name is not for the**
time being entered in the register of the State falsely pretends that it is so entered or uses in connection
1. Subs. by Act 70 of 1976, s. 18, for “Drugs Act, 1940 (23 of 1940)” (w.e.f. 1-9-1976).
2. Ins. by Act 24 of 1959, s. 13 (w.e.f. 1-5-1960).
3. Subs. by s. 14, ibid., for section 40 (w.e.f. 1-5-1960).
4. Subs. by Act 18 of 2023, s. 2 and Schedule for sub-section (1) (w.e.f. 31-12-2024).
19
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with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he
shall be punishable on first conviction with fine which may extend to one lakh rupees and on subsequent
conviction with imprisonment which may extend to three months or with fine not exceeding two lakh
rupees, or with both:
Provided that it shall be a defence if the name of the person is entered in the register of another State
and that at the time of claim, an application for registration in the State had been made.]
(2) For the purposes of
this section—
(a) it shall be immaterial whether or not any person is deceived by such pretence or use as
aforesaid;
(b) the use of the description “pharmacist”, “chemist”, “druggist”, “pharmaceutist”, “dispenser”,
“dispensing chemist”, or any combination of such words [1][or of any such word with any other word]
shall be deemed to be reasonably calculated to suggest that the person using such description is a
person whose name is for the time being entered in the register of the State.
(c) the onus of proving that the name of a person is for the time being entered in the register of a
State shall be on him who asserts it.
(3) Cognizance of an offence punishable under this section shall not be taken except upon complaint
made by order of the State Government or [1][any officer authorized in this behalf by the State Government
or by order of] the Executive Committee of the State Council.
**42. Dispensing by unregistered persons.—(1) On or after such date as the State Government may**
by notification in the Official Gazette appoint in this behalf, no person other than a registered pharmacist
shall compound, prepare, mix, or dispense any medicine on the prescription of a medical
practitioner [2]***:
Provided that this sub-section shall not apply to the dispensing by a medical practitioner of medicine
for his own patients, or with the general or special sanction of the State Government, for the patients of
another medical practitioner:
3[Provided further that where no such date is appointed by the Government of a State, this sub-section
shall take effect in that State on the expiry of a period of [4][eight years] from the commencement of the
Pharmacy (Amendment) Act, 1976 (70 of 1976).]
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with [5][imprisonment
for a term which may extend to three months, or with fine which may extend to two lakh rupees, or with
both].
(3) Cognizance of an offence punishable under this section shall not be taken except upon complaint
made by [6][order of the State Government or any officer authorised in this behalf by the State Government,
or by order of the Executive Committee of the State Council.]
**43. Failure to surrender certificate of registration.—(1) If any person whose name has been**
removed from the register fails without sufficient cause forthwith to surrender his certificate of
registration, he shall be punishable with fine which may extend to fifty rupees.
(2) Cognizance of an offence punishable under this section shall not be taken except upon complaint
made by an order of the Executive Committee.
1. Ins. by Act 24 of 1959, s. 15 (w.e.f. 1-5-1960).
2. The words “except under the direct and personal supervision of a registered pharmacist” omitted by s. 16, _ibid._
(w.e.f. 1-5-1960).
3. Added by Act 70 of 1976, s. 19 (w.e.f. 1-9-1976).
4. Subs. by Act 22 of 1982, s. 2, for “five years” (w.e.f. 1-9-1981).
5. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 31-12-2024).
6. Subs. by Act 24 of 1959, s. 16, for “an order of the State Government” (w.e.f. 1-5-1960).
20
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1[43A. Adjudication of penalties.—(1) For the purposes of adjudging the penalties under section
26A, the Central Government shall authorise the President of the State council, Where the alleged
violation is committed, to be the adjudicating officer for holding an inquiry and impose penalty in the
manner as may be prescribed under section 18, after giving any person concerned a reasonable
opportunity of being heard.
(2) Whoever is aggrieved by any order of the adjudicating officer may prefer an appeal to the
President, Central Council, within a period of forty-five days from the date of receipt of such order in
such form and manner as may be prescribed under section 18.
(3) The President, Central council may entertain an appeal after the expiry of forty-five days, if it is
satisfied that the appellant was prevented from sufficient cause for filling the appeal within the said
period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of
being heard.
(5) An appeal under sub-section (2) shall be disposed of within ninety days from the date of filing.
(6) The amount of penalty imposed under sub-section (1), if not paid, may be recovered as an arrear
of land revenue.]
**44. Payment of part of fees to Central Council.—The State Council shall before the end of June in**
each year pay to the Central Council a sum equivalent to one-fourth of the total fees realised by the State
Council under this Act during the period of twelve months ending on the 31st day of March of that year.
**45. Appointment of Commission of Enquiry.—(1) Whenever it appears to the Central Government**
that the Central Council is not complying with any of the provisions of this Act, the Central Government
may appoint a Commission of Enquiry consisting of three persons, two of whom shall be appointed by
the Central Government, one being the Judge of a High Court, and one by the Council; and refer to it the
matters on which the enquiry is to be made.
(2) The Commission shall proceed to enquire in such manner as it may deem fit and report to the
Central Government on the matters referred to it together with such remedies, if any, as the Commission
may like to recommend.
(3) The Central Government may accept the report or remit the same to the Commission for
modification or reconsideration.
(4) After the report is finally accepted, the Central Government may order the Central Council to
adopt the remedies so recommended within such time as may be specified in the order and if the Council
fails to comply within the time so specified, the Central Government may pass such order or take such
action as may be necessary to give effect to the recommendations of the Commission.
(5) Whenever it appears to the State Government that the State Council is not complying with any of
the provisions of this Act, the State Government may likewise appoint a similar Commission of Enquiry
and pass such order or take such action as specified in sub-sections (3) and (4).
**46. Power to make rules.—(1) The State Government may, by notification in the Official Gazette,**
make rules to carry out the purposes of Chapters III, IV and V.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the management of the property of the State Council, and the maintenance and audit of its
accounts;
(b) the manner in which elections under Chapter III shall be conducted;
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 31-12-2024).
21
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(c) the summoning and holding of meetings of the State Council, the times and places at which
such meetings shall be held, the conduct of business thereat and the number of members necessary to
form a quorum;
(d) the powers and duties of the President and Vice-President of the State Council;
(e) the constitution and functions of the Executive Committee, the summoning and holding of
meetings thereof, the times and places at which such meetings shall be held, and the number of
members necessary to constitute a quorum;
(f) the qualifications, the term of office and the powers and duties of the Registrar and other
officers and servants of the State Council, including the amount and nature of the security to be given
by the Treasurer;
1[(ff) the qualifications, powers and duties of an Inspector;]
(g) the particulars to be stated, and the proof of qualifications to be given, in applications for
registration under Chapter IV;
(h) the conditions for registration under sub-section (1) of section 32;
(i) fees payable under Chapter IV and the charge for supplying copies of the register;
(j) the form of certificates of registration [2]***;
(k) the maintenance of a register;
3[(kk) the conduct of pharmacists and their duties in relation to medical practitioners, the public
and the profession of pharmacy;]
(l) any other matter which is to be or may be prescribed under Chapters III, IV and V except
sub-sections (1), (2), (3) and (4) of section 45.
4[(3) Every rule made by the State Government under this section shall be laid, as soon as may be
after it is made, before the State Legislature.]
1. Ins. by Act 70 of 1976, s. 20 (w.e.f. 1-9-1976).
2. The words “and the manner of endorsement of renewals thereof” omitted by Act 24 of 1959, s. 17 (w.e.f. 1-5-1960).
3. Ins. by s. 17, ibid. (w.e.f. 1-5-1960).
4. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986).
22
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|
15-Mar-1948 | 11 | The Minimum Wages Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1730/1/A1948-011.pdf | central | # THE MINIMUM WAGES ACT, 1948
__________
ARRANGEMENT OF SECTIONS
___________
SECTIONS
1. Short title and extent.
2. Interpretation.
3. Fixing of minimum rates of wages.
4. Minimum rate of wages.
5. Procedure for fixing and revising minimum wages.
6. [Omitted.].
7. Advisory Board.
8. Central Advisory Board.
9. Composition of committees, etc.
10. Correction of errors.
11. Wages in kind.
12. Payment of minimum rates of wages.
13. Fixing hours for a normal working day, etc.
14. Overtime.
15. Wages of worker who works for less than normal working day.
16. Wages for two or more classes of work.
17. Minimum time rate wages for piece work.
18. Maintenance of registers and records.
19. Inspectors.
20. Claims.
21. Single application in respect of a number of employees.
22. Penalties for certain offences.
22A. General provision for punishment of other offences.
22B. Cognizance of offences.
22C. Offences by companies.
22D. Payment of undisbursed amounts due to employees.
22E. Protection against attachment of assets of employer with Government.
22F. Application of Payment of Wages Act, 1936, to scheduled employments.
23. Exemption of employer from liability in certain cases.
24. Bar of suits.
25. Contracting out.
26. Exemptions and exceptions.
27. Power of State Government to add to Schedule.
28. Power of Central Government to give directions
29. Power of the Central Government to make rules.
1
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# SECTIONS
30. Power of appropriate Government to make rules.
30A. Rules made by Central Government to be laid before Parliament.
31. Validation of fixation of certain minimum rates of wages.
THE SCHEDULE.
2
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# THE MINIMUM WAGES ACT, 1948
ACT NO. 11 OF 1948[1]
[15th March, 1948.]
# An Act to provide for fixing minimum rates of wages in certain employments.
WHEREAS it is expedient to provide for fixing minimum rates of wages in certain employments;
It is hereby enacted as follows:—
**1. Short title and extent.—(1) This Act may be called the Minimum Wages Act, 1948.**
(2) It extends to the whole of India [2]***.
**2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,—**
3[(a) “adolescent” means a person who has completed his fourteenth year of age but has not
completed his eighteenth year;
(aa) “adult” means a person who has completed his eighteenth year of age;]
(b) “appropriate Government” means,—
(i) in relation to any scheduled employment carried on by or under the authority of the
4[Central Government or a railway administration], or in relation to a mine, oilfield or major port,
or any corporation established by [5][a Central Act], the Central Government, and
(ii) in relation to any other scheduled employment, the State Government;
6[(bb) “child” means a person who has not completed his fourteenth year of age;]
(c) “competent authority” means the authority appointed by the appropriate Government by
notification in its Official Gazette to ascertain from time to time the cost of living index number
applicable to the employees employed in the scheduled employments specified in such notification;
(d) “cost of living index number”, in relation to employees in any scheduled employment in
respect of which minimum rates of wages have been fixed, means the index number ascertained and
declared by the competent authority by notification in the Official Gazette to be the cost of living
index number applicable to employees in such employment;
(e) “employer” means any person who employs, whether directly or through another person, or
whether on behalf of himself or any other person, one or more employees in any scheduled
employment in respect of which minimum rates of wages have been fixed under this Act, and
includes, except in sub-section (3) of section 26,—
(i) in a factory where there is carried on any scheduled employment in respect of which
minimum rates of wages have been fixed under this Act, any person named under [7][clause (f) of
sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948)], as manager of the factory;
1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; Pondicherry by Reg. 7
of 1973, s. 3 and First Schedule; Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule; and Union territory of Goa, Daman
and Diu by Notification No. G.S.R. 436, dated 16-4-1873, Gazette of India, Part II, sec. 3(i).
This Act has been amended in Uttar Pradesh by U.P. Act 20 of 1960 (w.e.f. 1-1-1960), Bihar by Bihar Act 3 of 1961,
Maharashtra by Maharashtra Act 10 of 1961, Andhra Pradesh by Andhra Pradesh Act 19 of 1961, Gujarat by Gujarat Act 22 of
1961, Madhya Pradesh by Madhya Pradesh Act 11 of 1959, Kerala by Kerala Act 18 of 1960, Rajasthan by Rajasthan Act 4 of
1969, Madhya Pradesh by Madhya Pradesh Act 36 of 1976 and Maharashtra by Maharashtra Act 25 of 1976.
2. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
3. Subs. by Act 61 of 1986, s. 23, for clause (a).
4. Subs. by Act 30 of 1957, s. 2, for “Central Government, by a railway administration” .
5. Subs. by the A.O. 1950, for “an Act of the Central Legislature”
6. Ins. by Act 61 of 1986, s. 23.
7. Subs. by Act 26 of 1954, s. 2, for “clause (e) of sub-section (1) of section 9 of the Factories Act, 1934 (25 of 1934)”.
3
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(ii) in any scheduled employment under the control of any Government in India in respect of
which minimum rates of wages have been fixed under this Act, the person or authority appointed
by such Government for the supervision and control of employees or where no person or
authority is so appointed, the head of the department;
(iii) in any scheduled employment under any local authority in respect of which minimum
rates of wages have been fixed under this Act, the person appointed by such authority for the
supervision and control of employees or where no person is so appointed, the chief executive
officer of the local authority;
(iv) in any other case where there is carried on any scheduled employment in respect of which
minimum rates of wages have been fixed under this Act, any person responsible to the owner for
the supervision and control of the employees or for the payment of wages;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “scheduled employment” means an employment specified in the Schedule, or any process or
branch of work forming part of such employment;
(h) “wages” means all remuneration, capable of being expressed in terms of money, which would,
if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person
employed in respect of his employment or of work done in such employment, [1][and includes house
rent allowance], but does not include—
(i) the value of—
(a) any house-accommodation, supply of light, water, medical attendance, or
(b) any other amenity or any service excluded by general or special order of the
appropriate Government;
(ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under
any scheme of social insurance;
(iii) any travelling allowance or the value of any travelling concession;
(iv) any sum paid to the person employed to defray special expenses entailed on him by the
nature of his employment; or
(v) any gratuity payable on discharge;
(i)“employee” means any person who is employed for hire or reward to do any work, skilled or
unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages
have been fixed; and includes an out-worker to whom any articles or materials are given out by another
person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise
processed for sale for the purposes of the trade or business of that other person where the process is to be
carried out either in the home of the out-worker or in some other premises not being premises under the
control and management of that other person; and also includes an employee declared to be an employee
by the appropriate Government; but does not include any member of the Armed Forces of the [2][Union].
**3. Fixing of minimum rates of wages.—[3][(1) The appropriate Government shall, in the manner**
hereinafter provided,—
4[(a) fix the minimum rates of wages payable to employees employed in an employment specified
in Part I or Part II of the Schedule and in an employment added to either Part by notification under
section 27:
Provided that the appropriate Government may, in respect of employees employed in an
employment specified in Part II of the Schedule, instead of fixing minimum rates of wages under this
1. Ins. by Act 30 of 1957, s. 2.
2. Subs. by the A.O. 1950, for “Crown”.
3. Subs. by Act 26 of 1954, s.3, for sub-section (1).
4. Subs. by Act 31 of 1961, s. 2, for clause (a).
4
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clause for the whole State, fix such rates for a part of the State or for any specified class or classes of
such employment in the whole State or part thereof;]
(b) review at such intervals as it may think fit, such intervals not exceeding five years, the
minimum rates of wages so fixed and revise the minimum rates, if necessary:
1[Provided that where for any reason the appropriate Government has not reviewed the minimum
rates of wages fixed by it in respect of any scheduled employment within any interval of five years,
nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after
the expiry of the said period of five years and revising them, if necessary, and until they are so revised
the minimum rates in force immediately before the expiry of the said period of five years shall
continue in force.]
(1A) Notwithstanding anything contained in sub-section (1), the appropriate Government may refrain
from fixing minimum rates of wages in respect of any scheduled employment in which there are in the
whole State less than one thousand employees engaged in such employment, but if at any time, [2]*** the
appropriate Government comes to a finding after such inquiry as it may make or cause to be made in this
behalf that the number of employees in any scheduled employment in respect of which it has refrained
from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of
wages payable to employees in such employment [3][as soon as may be after such finding].]
(2) The appropriate Government may fix,—
(a) a minimum rate of wages for time work (hereinafter referred to as “a minimum time rate”);
(b) a minimum rate of wages for piece work (hereinafter referred to as “a minimum piece rate”);
(c) a minimum rate of remuneration to apply in the case of employees employed on piece work
for the purpose of securing to such employees a minimum rate of wages on a time work basis
(hereinafter referred to as “a guaranteed time rate”);
(d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum
rate which would otherwise be applicable, in respect of overtime work done by employees
(hereinafter referred to as “overtime rate”).
4[(2A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the
employees employed in a scheduled employment, any proceeding is pending before a Tribunal or
National Tribunal under the Industrial Disputes Act, 1947 (14 of 1947) or before any like authority under
any other law for the time being in force, or an award made by any Tribunal, National Tribunal or such
authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the
scheduled employment is issued during the pendency of such proceeding or the operation of the award,
then, notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised
shall not apply to those employees during the period in which the proceeding is pending and the award
made therein is in operation or, as the case may be, where the notification is issued during the period of
operation of an award, during that period; and where such proceeding or award relates to the rates of
wages payable to all the employees in the scheduled employment, no minimum rates of wages shall be
fixed or revised in respect of that employment during the said period.]
(3) In fixing or revising minimum rates of wages under this section,—
(a) different minimum rates of wages may be fixed for—
(i) different scheduled employments;
(ii) different classes of work in the same scheduled employment;
(iii) adults, adolescents, children and apprentices;
1. Ins. by Act 30 of 1957, s. 3.
2. Certain words, brackets and figure omitted by Act 31 of 1961, s. 2.
3. Subs. by s. 2, ibid., for certain words.
4. Ins. by s. 2, ibid.
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(iv) different localities;
1[(b) minimum rates of wages may be fixed by any one or more of the following wage-periods,
namely:—
(i) by the hour,
(ii) by the day,
(iii) by the month, or
(iv) by such other larger wage-period as may be prescribed;
and where such rates are fixed by the day or by the month, the manner of calculating wages for a month
or for a day, as the case may be, may be indicated:]
Provided that where any wage-periods have been fixed under section 4 of the Payment of Wages Act,
1936 (4 of 1936), minimum wages shall be fixed in accordance therewith.
**STATE AMENDMENT**
**Kerala**
**Amendment of Section 3.—(1) Section 3 of the Minimum Wages Act, 1948 (Central Act 11 of**
1948), in its application to the fixation of minimum rates of wages in respect of employments specified in
Part I and Part II of the Schedule to the Act, in relation to which the appropriate Government is the State
Government, shall have effect in the State of Kerala subject to the amendments specified in sub-section
(2).
(2) In sub-section (1) of section 3 of the Minimum Wages Act, 1948 (Central Act 11 of 1948),—
(i) in the opening words, for the words “The appropriate Government”, the words “The State
Government” shall be substituted;
(ii) in clause (a),—
(a) in sub-clauses (i) and (ii), for the figures, letters and words “31st day of December, 1959”, the
figures, letters and words “31st day of December, 1959”, the figures, letters and words “31st day of
March, 1961, or such other date, not being later than the 31st day of March, 1962, as the State
Government may, from time to time, fix by notification in the Gazette” shall be substituted;
(b) after the existing proviso, the following further proviso, the following further proviso shall be
inserted, namely:—
“Provided further that where, in fixing the minimum rates of wages of any employment under
sub-clause (1) or sub-clause (ii), any class of employees is left out, the State Government may, at
any time, fix the minimum rates of wages payable to such class of employees.
_Explanation.—For the purpose of this proviso, the expression “employees left out” with_
reference to an employment shall include—
(i) employees employed in a particular locality in the employment, the minimum rates of
wages payable to whom have not been fixed;
(ii) employees employed in any process or branch of work which was not in existence in the
employment at the time when the minimum rates of wages were fixed;
[Vide Kerala Act 18 of 1960, sec. 2 (w.e.f. 22-9-1960)].
**4. Minimum rate of wages.—(1) Any minimum rate of wages fixed or revised by the appropriate**
Government in respect of scheduled employments under section 3 may consist of—
(i) a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in
such manner as the appropriate Government may direct, to accord as nearly as practicable with the
1. Subs. by Act 30 of 1957, s. 3 for clause (b).
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variation in the cost of living index number applicable to such workers (hereinafter referred to as the
“cost of living allowance”); or
(ii) a basic rate of wages with or without the cost of living allowance, and the cash value of the
concessions in respect of supplies of essential commodities at concession rates, where so authorised;
or
(iii) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash
value of the concessions, if any.
(2) The cost of living allowance and the cash value of the concessions in respect of supplies of
essential commodities at concession rates shall be computed by the competent authority at such intervals
and in accordance with such directions as may be specified or given by the appropriate Government.
1[5. Procedure for fixing and revising minimum wages.—(1) In fixing minimum rates of wages in
respect of any scheduled employment for the first time under this Act or in revising minimum rates of
wages so fixed, the appropriate Government shall either—
(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries
and advise it in respect of such fixation or revision, as the case may be, or
(b) by notification in the Official Gazette, publish its proposals for the information of persons
likely to be affected thereby and specify a date, not less than two months from the date of the
notification, on which the proposals will be taken into consideration.
(2) After considering the advice of the committee or committees appointed under clause (a) of sub
section (1), or as the case may be, all representations received by it before the date specified in the
notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the
Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each
scheduled employment, and unless such notification otherwise provides, it shall come into force on the
expiry of three months from the date of its issue:
Provided that where the appropriate Government proposes to revise the minimum rates of wages by
the mode specified in clause (b) of sub-section (1), the appropriate Government shall consult the Advisory
Board also.]
**STATE AMENDMENT**
**Assam**
In Section 5 of the said Act, at the end of Clause (a) of Sub-section (1), for the comma and the word “or”
after the word “be”, a colon shall be substituted and the following proviso shall be added, namely:—
“Provided the committees and sub-committee as so appointed may advise the appropriate
Government in respect of fixation of wages on interim measure after holding such preliminary enquiries
as the committee or the sub-committee, as the case may be, considers necessary in this behalf and the
appropriate Government after considering such advice may fix the wages pending the fixation of the
minimum rate of wages as required under sub-section (2) or”.
[Vide Assam Act 19 of 1964, s. 2 (w.e.f. 11-8-1964)].
6. [Advisory _committees and sub-committees.]_ _Omitted by the Minimum Wages (Amendment)_ _Act,_
1957 (30 of 1957), s. 5.
1. Subs. by Act 30 of 1957, s. 4, for section 5.
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**7. Advisory Board.—For the purpose of co-ordinating the work of [1][committees and sub-committees**
appointed under section 5] and advising the appropriate Government generally in the matter of fixing and
revising minimum rates of wages, the appropriate Government shall appoint an Advisory Board.
**8. Central Advisory Board.—(1) For the purpose of advising the Central and State Governments in**
the matters of the fixation and revision of minimum rates of wages and other matters under this Act and
for co-ordinating the work of the Advisory Boards, the Central Government shall appoint a Central
Advisory Board.
(2) The Central Advisory Board shall consist of persons to be nominated by the Central Government
representing employers and employees in the scheduled employments, who shall be equal in number, and
independent persons not exceeding one-third of its total number of members; one of such independent
persons shall be appointed the Chairman of the Board by the Central Government.
**9. Composition of committees, etc.—Each of the committees, sub-committees** [2]*** and the
Advisory Board shall consist of persons to be nominated by the appropriate Government representing
employers and employees in the scheduled employments, who shall be equal in number, and independent
persons not exceeding one-third of its total number of members; one of such independent persons shall be
appointed the Chairman by the appropriate Government.
3[10. Correction of errors.—(1) The appropriate Government may, at any time, by notification in the
Official Gazette, correct clerical or arithmetical mistakes in any order fixing or revising minimum rates
of wages under this Act, or errors arising therein from any accidental slip or omission.
(2) Every such notification shall, as soon as may be after it is issued, be placed before the Advisory
Board for information.]
**11. Wages in kind.—(1) Minimum wages payable under this Act shall be paid in cash.**
(2) Where it has been the custom to pay wages wholly or partly in kind, the appropriate Government
being of the opinion that it is necessary in the circumstances of the case may, by notification in the
Official Gazette, authorise the payment of minimum wages either wholly or partly in kind.
(3) If the appropriate Government is of the opinion that provision should be made for the supply of
essential commodities at concession rates, the appropriate Government may, by notification in the
Official Gazette, authorise the provision of such supplies at concession rates.
(4) The cash value of wages in kind and of concessions in respect of supplies of essential
commodities at concession rates authorised under sub-sections (2) and (3) shall be estimated in the
prescribed manner.
**STATE AMENDMENT**
**Uttar Pradesh**
**In section 11 of the Minimum Wages Act, 1948 for sub-section (1), the following sub-section shall be**
**substituted, namely :-**
"(1) Every employer/owner of Industrial or other establishment shall make payment of wages to his
employee through cheques or N.E.F.T, E.C.S or other banking solutions:
Provided that if the work of employed person is of temporary, casual or fixed term then on his written
consent and on submission of a copy of his self-attested aadhar card, the employer can make cash
payment of wages not more than rupees five thousand once in three months".
[Vide Uttar Pradesh Act 11 of 2018, s. 2]
**12. Payment of minimum rates of wages.—(1) Where in respect of any scheduled employment a**
notification under section 5 [4]*** is in force, the employer shall pay to every employee engaged in a
scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such
notification for that class of employees in that employment without any deductions except as may be
authorised within such time and subject to such conditions as may be prescribed.
1. Subs. by Act 30 of 1957, s. 6, for “committees, sub-committees, advisory committees and the advisory sub-committees
appointed under sections 5 and 6”
2. The words “advisory committee, advisory sub-committees” omitted by s. 7, ibid.
3. Subs. by s. 8, ibid., for section 10.
4. The words and figures “or section 10” omitted by s. 9, ibid.
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(2) Nothing contained in this section shall affect the provisions of the Payment of Wages Act, 1936 (4
of 1936).
**13. Fixing** **hours for a normal working day, etc.—[1][(1)] In regard to any scheduled employment**
minimum rates of wages in respect of which have been fixed under this Act, the appropriate Government
may—
(a) fix the number of hours of work which shall constitute a normal working day, inclusive of one
or more specified intervals;
(b) provide for a day of rest in every period of seven days which shall be allowed to all
employees or to any specified class of employees and for the payment of remuneration in respect of
such days of rest;
(c) provide for payment for work on a day of rest at a rate not less than the overtime rate.
2[(2) The provisions of sub-section (1) shall, in relation to the following classes of employees, apply
only to such extent and subject to such conditions as may be prescribed:—
(a) employees engaged on urgent work, or in any emergency which could not have been foreseen
or prevented;
(b) employees engaged in work in the nature of preparatory or complementary work which must
necessarily be carried on outside the limits laid down for the general working in the employment
concerned;
(c) employees whose employment is essentially intermittent;
(d) employees engaged in any work which for technical reasons has to be completed before the
duty is over;
(e) employees engaged in a work which could not be carried on except at times dependent on the
irregular action of natural forces.
(3) For the purposes of clause (c) of sub-section (2), employment of an employee is essentially
intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours
of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty,
normally include periods of inaction during which the employee may be on duty but is not called upon to
display either physical activity or sustained attention.]
**14. Overtime.—(1) Where an employee, whose minimum rate of wages is fixed under this Act by the**
hour, by the day or by such a longer wage-period as may be prescribed, works on any day in excess of the
number of hours constituting a normal working day, the employer shall pay him for every hour or for part
of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the
appropriate Government for the time being in force, whichever is higher.
(2) Nothing in this Act shall prejudice the operation of the provisions of [3][section 59 of the Factories
Act, 1948 (63 of 1948)] in any case where those provisions are applicable.
**15. Wages of worker who works for less than normal working day.—If an employee whose**
minimum rate of wages has been fixed under this Act by the day works on any day on which he was
employed for a period less than the requisite number of hours constituting a normal working day, he shall,
save as otherwise hereinafter provided, be entitled to receive wages in respect of work done by him on
that day as if he had worked for a full normal working day:
Provided, however, that he shall not be entitled to receive wages for a full normal working day—
(i) in any case where his failure to work is caused by his unwillingness to work and not by the
omission of the employer to provide him with work, and
1. Section 13 re-numbered as sub-section (1) of thereof by Act 30 of 1957, s. 10.
2. Ins. by Act 30 of 1957, s. 10.
3. Subs. by Act 26 of 1954, s. 4 for “section 47 of the Factories Act, 1934 (25 of 1934)”.
9
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(ii) in such other cases and circumstances as may be prescribed.
**16. Wages** **for two or more classes of work.—Where an employee does two or more classes of work**
to each of which a different minimum rate of wages is applicable, the employer shall pay to such
employee in respect of the time respectively occupied in each such class of work, wages at not less than
the minimum rate in force in respect of each such class.
**17. Minimum time rate wages for piece work.—Where an employee is employed on piece work for**
which minimum time rate and not a minimum piece rate has been fixed under this Act, the employer shall
pay to such employee wages at not less than the minimum time rate.
**18. Maintenance of registers and records.—(1) Every employer shall maintain such registers and**
records giving such particulars of employees employed by him, the work performed by them, the wages
paid to them, the receipts given by them and such other particulars and in such form as may be prescribed.
(2) Every employer shall keep exhibited, in such manner as may be prescribed, in the factory,
workshop or place where the employees in the scheduled employment may be employed, or in the case of
out-workers, in such factory, workshop or place as may be used for giving out-work to them, notices in
the prescribed form containing prescribed particulars.
(3) The appropriate Government may, by rules made under this Act, provide for the issue of wage
books or wage slips to employees employed in any scheduled employment in respect of which minimum
rates of wages have been fixed and prescribe the manner in which entries shall be made and authenticated
in such wage books or wage slips by the employer or his agent.
**19. Inspectors.—(1) The appropriate Government may, by notification in the Official Gazette,**
appoint such persons as it thinks fit to be Inspectors for the purposes of this Act, and define the local
limits within which they shall exercise their functions.
(2) Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is
appointed—
(a) enter, at all reasonable hours, with such assistants (if any), being persons in the service of the
Government or any local or other public authority, as he thinks fit, any premises or place where
employees are employed or work is given out to out-workers in any scheduled employment in respect
of which minimum rates of wages have been fixed under this Act, for the purpose of examining any
register, record of wages or notices required to be kept or exhibited by or under this Act or rules made
thereunder, and require the production thereof for inspection;
(b) examine any person whom he finds in any such premises or place and who, he has reasonable
cause to believe, is an employee employed therein or an employee to whom work is given out therein;
(c) require any person giving out-work and any out-workers, to give any information, which is in
his power to give, with respect to the names and addresses of the persons to, for and from whom the
work is given out or received, and with respect to the payments to be made for the work;
1[(d) seize or take copies of such register, record of wages or notices or portions thereof as he
may consider relevant in respect of an offence under this Act which he has reason to believe has been
committed by an employer; and]
(e) exercise such other powers as may be prescribed.
(3) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal
Code (45 of 1860).
2[(4) Any person required to produce any document or thing or to give any information by an
Inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of
section 175 and section 176 of the Indian Penal Code (45 of 1860).]
1. Subs. by Act 30 of 1857, s. 11, for clause (d).
2. Ins. by s. 11, ibid.
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**20. Claims.—(1) The appropriate Government may, by notification in the Official Gazette, appoint**
1[any Commissioner for Workmen's Compensation or any officer of the Central Government exercising
functions as a Labour Commissioner for any region, or any officer of the State Government not below the
rank of Labour Commissioner or any] other officer with experience as a Judge of a Civil Court or as a
stipendiary Magistrate to be the Authority to hear and decide for any specified area all claims arising out
of payment of less than the minimum rates of wages [2][or in respect of the payment of remuneration for
days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of section 13
or of wages at the overtime rate under section 14,] to employees employed or paid in that area.
(2) [3][Where an employee has any claim of the nature referred to in sub-section (1)], the employee
himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on
his behalf, or any Inspector, or any person acting with the permission of the Authority appointed under
sub-section (1), may apply to such Authority for a direction under sub-section (3):
Provided that every such application shall be presented within six months from the date on which the
minimum wages [2][or other amount] became payable:
Provided further that any application may be admitted after the said period of six months when the
applicant satisfies the Authority that he had sufficient cause for not making the application within such
period.
4[(3) When any application under sub-section (2) is entertained, the Authority shall hear the applicant
and the employer, or give them an opportunity of being heard, and after such further inquiry, if any, as it
may consider necessary, may, without prejudice to any other penalty to which the employer may be liable
under this Act, direct—
(i) in the case of a claim arising out of payment of less than the minimum rates of wages, the
payment to the employee of the amount by which the minimum wages payable to him exceed the
amount actually paid, together with the payment of such compensation as the Authority may think fit,
not exceeding ten times the amount of such excess;
(ii) in any other case, the payment of the amount due to the employee, together with the payment
of such compensation as the Authority may think fit, not exceeding ten rupees,
and the Authority may direct payment of such compensation in cases where the excess or the amount due
is paid by the employer to the employee before the disposal of the application.]
(4) If the Authority hearing any application under this section is satisfied that it was either malicious
or vexatious, it may direct that a penalty not exceeding fifty rupees be paid to the employer by the person
presenting the application.
(5) Any amount directed to be paid under this section may be recovered—
(a) if the Authority is a Magistrate, by the Authority as if it were a fine imposed by the Authority
as a Magistrate, or
(b) if the Authority is not a Magistrate, by any Magistrate to whom the Authority makes
application in this behalf, as if it were a fine imposed by such Magistrate.
(6) Every direction of the Authority under this section shall be final.
(7) Every Authority appointed under sub-section (1) shall have all the powers of a Civil Court under
the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the
attendance of witnesses and compelling the production of documents, and every such Authority shall be
deemed to be a Civil Court for all the purposes of section 195 and Chapter XXXV of the Code of
Criminal Procedure, 1898 (5 of 1898).
1. Subs. by Act 30 of 1957, s. 12, for “any Commissioner for Workmen’s Compensation or”.
2. Ins. by s. 12, ibid.
3. Subs. by s. 12, ibid., for certain words.
4. Subs. by s. 12, ibid., for sub-section (3) .
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**STATE AMENDMENTS**
**Kerala**
**Amendment of Section 20.—In section 20 of the Minimum wages Act, 1948 (Central Act 11 of**
1948) (hereinafter referred to as the principal Act),—
(a) in sub-section (1), for the words “or any officer of the State Government not below the rank of a
Labour Commissioner”, the words “or any officer of the State Government not below the rank of a
Deputy Labour Commissioner” shall be substituted;
(b) in sub-section (4), for the words “fifty rupees”, the words “one hundred rupees” shall be
substituted;
(c) in sub-section (5), for clause (b), the following clause shall be substituted, namely:—
“(b) if the Authority is not a Magistrate, by the Authority, as if it were arrears of revenue due on land, without
prejudice to any other mode of recovery.”.
[Vide Kerala Act 23 of 2017, sec. 2].
**Karnataka**
**Amendment of section 20.—In section 20 of the Minimum Wages Act, 1948 (Central Act XI of 1948),**
(herein after referred to as the Principal Act,—
(i) in sub-section (1), for the words “not below the rank of Labour Commissioner”, the words “not
below the rank of Assistant Labour Commissioner” shall be substituted.
(ii) in sub-section (4), for the words “fifty rupees” the words “one thousand rupees” shall be
substituted.
[Vide Karnataka Act 40 of 2017, sec. 2].
**Karnataka**
In sub-section (1) of section 20, for the words “stipendiary Magistrate” the words “Judicial
Magistrate” shall be substituted.
[Vide Karnataka Act 13 of 1965, s. 67 and Schedule]
**Rajasthan**
**Amendment of sections 20, Central Act 11 of 1948.- In the Minimum Wages Act, 1948 (Central Act**
11 of 1948), in its application to the State of Rajasthan, in section 20, in sub-section (1), after the
expression "Labour Commissioner", the expression "or a Vikas Adhikari appointed under the
Rajasthan Panchayat Samitis And Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959)" shall be inserted.
[Vide Rajasthan Act 11 of 1976, s. 3]
**21. Single** **application in respect of a number of employees.—(1) [1][Subject to such rules as may be**
prescribed, a single application] may be presented under section 20 on behalf or in respect of any number
of employees employed in the scheduled employment in respect of which minimum rates of wages have
been fixed and in such cases the maximum compensation which may be awarded under sub-section (3) of
section 20 shall not exceed ten times the aggregate amount of such excess [2][or ten rupees per head, as the
case may be].
(2) The Authority may deal with any number of separate pending applications presented under section
20 in respect of employees in the scheduled employments in respect of which minimum rates of wages
have been fixed, as a single application presented under sub-section (1) of this section and the provisions
of that sub-section shall apply accordingly.
3[22. Penalties for certain offences.—Any employer who—
(a) pays to any employee less than the minimum rates of wages fixed for that employee's class of
work, or less than the amount due to him under the provisions of this Act, or
1. Subs. by Act 30 of 1957, s. 13, for “A single application”.
2. Ins. by s. 13, ibid.
3. Subs. by s. 14, ibid., for section 22.
12
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(b) contravenes any rule or order made under section 13,
shall be punishable with imprisonment for a term which may extend to six months, or with fine which
may extend to five hundred rupees, or with both:
Provided that in imposing any fine for an offence under this section, the Court shall take into
consideration the amount of any compensation already awarded against the accused in any proceedings
taken under section 20.
**STATE AMENDMENTS**
**Kerala**
**Amendment of Section 22.—In section 22 of the principal Act, for the words “five hundred rupees” the words**
“one lakh rupees” shall be substituted.
[Vide Kerala Act 23 of 2017, sec. 3].
**Karnataka**
**Amendment of section 22.—In section 22 of the Principal Act for the words “which may extend to**
five hundred rupees” the words “which shall not be less than five thousand rupees but which may extend
to ten thousand rupees” shall be substituted.
[Vide Karnataka Act 40 of 2017, sec. 3].
**22A. General provision for punishment of other offences.—Any employer who contravenes any**
provision of this Act or of any rule or order made thereunder shall, if no other penalty is provided for such
contravention by this Act, be punishable with fine which may extend to five hundred rupees.
**Kerala**
_Substitution of Section 22A.—For section 22A of the principal Act, the following section shall be_
substituted, namely:—
“22A. General Provision for punishment of other offences.—(1) Whoever contravenes the provisions
of this Act or the rules made thereunder shall be punishable with fine which may extend to two lakh
rupees and in the case of a continuing contravention, with an additional fine which may extend to two
thousand rupees for every day during which such contravention continues:
Provided that the total amount of fine shall not exceed two thousand rupees per worker employed.
(2) If any person who has been convicted of any offence punishable under sub-section (1) is again
guilty of an offence involving a contravention or failure of compliance of the same provision, he shall be
punishable on a subsequent conviction with fine which shall not be less than one lakh rupees but which
may extend to five lakh rupees.
(3) Notwithstanding anything contained in sub-section (2) of section 29 of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), it shall be lawful for the Magistrate to impose a fine for an
amount exceeding ten thousand rupees.”.
[Vide Kerala Act 23 of 2017, sec. 4].
**Karnataka**
**Amendment of section 22A.—In section 22A of the Principal Act, for the words “five hundred**
rupees” the words “ten thousand rupees” shall be substituted.
[Vide Karnataka Act 40 of 2017, sec. 4].
**22B. Cognizance of offences.—(1) No Court shall take cognizance of a complaint against any person**
for an offence—
(a) under clause (a) of section 22 unless an application in respect of the facts constituting such
offence has been presented under section 20 and has been granted wholly or in part, and the
appropriate Government or an officer authorised by it in this behalf has sanctioned the making of the
complaint;
(b) under clause (b) of section 22 or under section 22A except on a complaint made by, or with
the sanction of, an Inspector.
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(2) No Court shall take cognizance of an offence—
(a) under clause (a) or clause (b) of section 22, unless complaint thereof is made within one
month of the grant of sanction under this section;
(b) under section 22A, unless complaint thereof is made within six months of the date on which
the offence is alleged to have been committed.
**22C. Offences by companies.—(1) If the person committing any offence under this Act is a**
company, every person who at the time the offence was committed, was incharge of, and was responsible
to, the company for the conduct of the business of the company as well as the company shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer of the company shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
_Explanation.—For the purposes of this section,—_
(a) “company” means any body corporate and includes a firm or other association of individuals,
and
(b) “director” in relation to a firm means a partner in the firm.
**Uttar Pradesh**
**Insertion of new section 22-CC, in Act (11 of 1948).—In the minimum Wages Act, after section**
22-C, the following section shall be inserted, namely:—
“22-CC. Compounding of offence.—An Officer specially empowered by the State Government
in this behalf by notification may, subject to any general or special order of the State Government in
this behalf, compound any offence punishable under this Act with fine only committed for the first
time, either before or after the institution of the prosecution, on realization of such amount of
composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence;
and where the offence is so compounded—
(i) before the institution of the prosecution, the offender shall not be liable to prosecution for
such offence and shall, if in custody, be set at liberty;
(ii) before the institution of the prosecution, the composition shall amount to acquittal of the
offender.’’
[Vide Uttar Pradesh Act 35 of 1979, s. 3]
**22D. Payment of undisbursed amounts due to employees.—All amounts payable by an employer**
to an employee as the amount of minimum wages of the employee under this Act or otherwise due to the
employee under this Act or any rule or order made thereunder shall, if such amounts could not or cannot
be paid to the employee on account of his death before payment or on account of his whereabouts not
being known, be deposited with the prescribed authority who shall deal with the money so deposited in
such manner as may be prescribed.
**22E. Protection against attachment of assets of employer with Government.—Any amount**
deposited with the appropriate Government by an employer to secure the due performance of a contract
with that Government and any other amount due to such employer from that Government in respect of
such contract shall not be liable to attachment under any decree or order of any Court in respect of any
debt or liability incurred by the employer other than any debt or liability incurred by the employer
towards any employee employed in connection with the contract aforesaid.
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**22F. Application of Payment of Wages Act, 1936, to scheduled employments.—(1)**
Notwithstanding anything contained in the Payment of Wages Act, 1936 (4 of 1936). the appropriate
Government may, by notification in the Official Gazette, direct that, subject to the provisions of subsection (2), all or any of the provisions of the said Act shall with such modifications, if any, as may be
specified in the notification, apply to wages payable to employees in such scheduled employments as may
be specified in the notification.
(2) Where all or any of the provisions of the said Act are applied to wages payable to employees in
any scheduled employment under sub-section (1), the Inspector appointed under this Act shall, be deemed
to be the Inspector for the purpose of enforcement of the provisions so applied within the local limits of
his jurisdiction.]
**Manipur**
**Insertion of section 22CC.—In the Minimum Wages Act, 1948 (No. 21 of 1948) below section 22C, the**
following section shall be inserted, namely:—
“22CC.Compounding of offences.—An officer specially empowered by the State Government in this behalf
by notification in the official gazette may, subject to any general or special order of the State Government in this
behalf, compound any offence punishable under this Act with fine only committed for the first time either before or
after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not
exceeding the maximum amount of fine fixed for the offence, and where the offence is so compounded—
(i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence
and shall, if in custody, be set at liberty;
(ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender.”.
[Vide Manipur Act 7 of 1992, s. 2]
**23. Exemption of employer from liability in certain cases.—Where an employer is charged with an**
offence against this Act, he shall be entitled, upon complaint duly made by him, to have any other person
whom he charges as the actual offender, brought before the Court at the time appointed for hearing the
charge; and if, after the commission of the offence has been proved, the employer proves to the
satisfaction of the Court—
(a) that he has used due diligence to enforce the execution of this Act, and
(b) that the said other person committed the offence in question without his knowledge, consent
or connivance,
that other person shall be convicted of the offence and shall be liable to the like punishment as if he were
the employer and the employer shall be discharged:
Provided that in seeking to prove, as aforesaid, the employer may be examined on oath, and the evidence of the
employer or his witness, if any, shall be subject to cross-examination by or on behalf of the person whom the
employer charges as the actual offender and by the prosecution.
**24. Bar of suits.—No Court shall entertain any suit for the recovery of wages in so far as the sum so claimed—**
(a) forms the subject of an application under section 20 which has been presented by or on behalf of the
plaintiff, or
(b) has formed the subject of a direction under that section in favour of the plaintiff, or
(c) has been adjudged in any proceeding under that section not to be due to the plaintiff, or
(d) could have been recovered by an application under that section.
**25. Contracting out.—Any contract or agreement, whether made before or after the commencement of this**
Act, whereby an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege or
concession accruing to him under this Act shall be null and void in so far as it purports to reduce the minimum rate
of wages fixed under this Act.
**26. Exemptions and exceptions.—(1) The appropriate Government may, subject to such conditions if any as it**
may think fit to impose, direct that the provisions of this Act shall not apply in relation to the wages payable to
disabled employees.
(2) The appropriate Government may, if for special reasons it thinks so fit, by notification in the Official
Gazette, direct that [1][subject to such conditions and] for such period as it may specify the provisions of this Act or
any of them shall not apply to all or any class of employees employed in any scheduled employment or to any
locality where there is carried on a scheduled employment.
1. Ins. by Act 30 of 1957, s. 15.
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1[(2A) The appropriate Government may, if it is of opinion that, having regard to the terms and conditions of
service applicable to any class of employees in a scheduled employment generally or in a scheduled employment in
a local area [1][or to any establishment or a part of any establishment in a scheduled employment], it is not necessary
to fix minimum wages in respect of such employees of that class [1][or in respect of employees in such establishment
or such part of any establishment] as are in receipt of wages exceeding such limit as may be prescribed in this
behalf, direct, by notification in the Official Gazette and subject to such conditions, if any, as it may think fit to
impose, that the provisions of this Act or any of them shall not apply in relation to such employees.]
(3) Nothing in this Act shall apply to the wages payable by an employer to a member of his family who is living
with him and is dependent on him.
_Explanation.—In this sub-section a member of the employer's family shall be deemed to include his or her_
spouse or child or parent or brother or sister.
**27. Power of State Government to add to Schedule.—The appropriate Government, after giving by**
notification in the Official Gazette not less than three months' notice of its intention so to do, may, by like
notification, add to either Part of the Schedule any employment in respect of which it is of opinion that minimum
rates of wages should be fixed under this Act, and thereupon the Schedule shall in its application to the State be
deemed to be amended accordingly.
**28. Power of Central Government to give directions.—The Central Government may give directions to a**
State Government as to the carrying into execution of this Act in the State.
**29. Power of the Central Government to make rules.—The Central Government may, subject to the**
condition of previous publication, by notification in the Official Gazette, make rules prescribing the term of office of
the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up
casual vacancies in membership and the quorum necessary for the transaction of business of the Central Advisory
Board.
**30. Power of appropriate Government to make rules.—(1) The appropriate Government may, subject to the**
condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of
this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may—
(a) prescribe the term of office of the members, the procedure to be followed in the conduct of business, the
method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the
transaction of business of the committees, sub-committees, [2]*** and the Advisory Board;
(b) prescribe the method of summoning witnesses, production of documents relevant to the subject-matter
of the enquiry before the committees, sub-committees, [1]*** and the Advisory Board;
(c) prescribe the mode of computation of the cash value of wages in kind and of concessions in
respect of supplies of essential commodities at concession rates;
(d) prescribe the time and conditions of payment of, and the deductions permissible from, wages;
(e) provide for giving adequate publicity to the minimum rates of wages fixed under this Act;
(f) provide for a day of rest in every period of seven days and for the payment of remuneration in
respect of such day;
(g) prescribe the number of hours of work which shall constitute a normal working day;
(h) prescribe the cases and circumstances in which an employee employed for a period of less than
the requisite number of hours constituting a normal working day shall not be entitled to receive wages for
a full normal working day;
(i) prescribe the form of registers and records to be maintained and the particulars to be entered in
such registers and records;
(j) provide for the issue of wage books and wage slips and prescribe the manner of making and
authenticating entries in wage books and wage slips;
(k) prescribe the powers of Inspectors for purposes of this Act;
1. Ins. by Act 26 of 1954, s. 5.
2. The words “advisory committees, advisory sub-committees” omitted by Act 30 of 1957, s. 16.
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(l) regulate the scale of costs that may be allowed in proceedings under section 20;
(m) prescribe the amount of court-fees payable in respect of proceedings under section 20; and
(n) provide for any other matter which is to be or may be prescribed.
1[30A. Rules made by Central Government to be laid before Parliament.—2[(1)] Every rule made
by the Central Government under this Act shall be laid as soon as may be after it is made before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the
session immediately following, both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.]
3[(2) every rule made by the State Government under this Act shall be laid, as soon as may be after it
is made, before the State Legislature.]
4[31. Validation of fixation of certain minimum rates of wages.—Where during the period—
(a) commencing on the 1st day of April, 1952, and ending with the date of the commencement of
the Minimum Wages (Amendment) Act, 1954 (26 of 1954); or
(b) commencing on the 31st day of December, 1954, and ending with the date of the
commencement of the Minimum Wages (Amendment) Act, 1957 (30 of 1957); or
(c) commencing on the 31st day of December, 1959, and ending with the date of the
commencement of the Minimum Wages (Amendment) Act, 1961 (31 of 1961),
minimum rates of wages have been fixed by an appropriate Government as being payable to employees
employed in any employment specified in the Schedule in the belief or purported belief that such rates
were being fixed under clause (a) of sub-section (1) of section 3, as in force immediately before the
commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954), or the Minimum Wages
(Amendment) Act, 1957 (30 of 1957), or the Minimum Wages (Amendment) Act, 1961(31 of 1961), as
the case may be, such rates shall be deemed to have been fixed in accordance with law and shall not be
called in question in any court on the ground merely that the relevant date specified for the purpose in that
clause had expired at the time the rates were fixed:
Provided that nothing contained in this section shall extend, or be construed to extend, to affect any
person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to
any of his employees during any period specified in this section of an amount which is less than the
minimum rates of wages referred to in this section or by reason of non-compliance during the period
aforesaid with any order or rule issued under section 13.]
1. Ins. by Act 31 of 1961, s. 3.
2. Section 30A re-numbered as sub-section (1) thereof by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).
3. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).
4. Subs. by Act 31 of 1961, s. 4, for section 31.
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SCHEDULE
[See sections 2(g) and 27]
PART 1
1. Employment in any wollen carpet making or shawl weaving establishment.
2. Employment in any rice mill, flour mill or dal mill.
3. Employment in any tobacco (including bidi making) manufactory.
4. Employment in any plantation, that is to say, any estate which is maintained for the purpose of growing
cinchona, rubber, tea or coffee.
5. Employment in any oil mill.
6. Employment under any local authority
1[7. Employment on the construction or maintenance of roads or in building operations.]
8. Employment in stone breaking or stone crushing.
9. Employment in any lac manufactory.
10. Employment in any mica works.
11. Employment in public motor transport.
12. Employment in tanneries and leather manufactory.
2[Employment in gypsum mines.
Employment in barytes mines.
Employment in bauxite mines.]
3[Employment in manganese mines.]
4[Employment in the maintenance of buildings and employment in the construction and maintenance
of runways.]
5[Employment in China Clay mines.
Employment in Kyanite mines.]
6[Employment in Copper mines.]
7[Employment in clay mines covered under the Mines Act, 1952 (35 of 1952).]
8[Employment in magnesite mines covered under the Mines Act, 1952 (35 of 1952).]
9[Employment in white clay mines.]
10[Employment in stone mines.]
11[Employment in steatile (including the mines producing Seapstone and Tale).]
12[Employment in Ochre Mines.]
13[Employment in Asbestos mines.]
1. Subs. by Act 30 of 1957, s. 18, for item No. 7.
2. Ins. by notification No. S.O. 3760, dated 4th December, 1962.
3. Ins. by notification No. S.O. 3760, dated 30th October, 1962.
4. Ins. by notification No. S.O. 1987, dated 30th May, 1968.
5. Ins. by notification No. S.O. 586, dated 5th February, 1970.
6. Ins. by notification No. S.O. 795, dated 13th February, 1970.
7. Ins. by notification No. S.O. 796, dated 18th February, 1970.
8. Ins. by notification No. S.O. 2357, dated 1st July, 1970.
9. Ins. by notification No. S.O. 3896, dated the 3rd September, 1971.
10. Ins. by notification No. S.O. 3898, dated 15th September, 1971.
11. Ins. by notification No. S.O. 2972, dated 1st July, 1972.
12. Ins. by notification No. S.O. 2973, dated 1st July, 1972.
13. Ins. by notification No. S.O. 2974, dated 6th July, 1972.
18
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1[Employment in Fire Clay mines.]
2[Employment in Chromite mines.]
3[Employment in quartizite mines.
Employment in quartz mines.
Employment in silica mines.]
4[Employment in graphic mines.]
5[Employment in feldspar mines.]
6[Employment in laterite mines.]
7[Employment in dolomite mines.]
8[Employment in redoxide mines.]
9[Employment in wolfram mines.]
10[Employment in iron ore mines.]
11[Employment in granite mines.]
PART II
1. Employment in agriculture, that is to say, in any form of farming, including the cultivation and
tillage of the soil, dairy farming, the production, cultivation, growing and harvesting of any agricultural or
horticultural commodity, the raising of live-stock, bees or poultry, and any practice performed by a farmer
or on a farm as incidental to or in conjunction with farm operations (including any forestry or timbering
operations and the preparation for market and delivery to storage or to market or to carriage for
transportation to market of farm produce).
1. Ins. by notification No. S.O. 1587, dated 24th May, 1973.
2. Ins. by notification No. S.O. 2311, dated 3rd July, 1975.
3. Ins. by notification No. S.O. 4030, dated 4th February, 1976.
4. Ins. by notification No. S.O. 558, dated 29th January, 1977.
5. Ins. by notification No. S.O. 1823, dated 14th June, 1978.
6. Ins. by notification No. S.O. 2945, dated 22nd September, 1978.
7. Ins. by notification No. S.O. 2950, dated 25th September, 1978.
8. Ins. by notification No. S.O. 3248, dated 26th October, 1978.
9. Ins. by notification No. S.O. 3671, dated 7th December, 1978.
10. Ins. by notification No. S.O. 1757, dated 16th June, 1980.
11. Ins. by notification No. S.O. 2473, dated 3rd September, 1980.
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|
23-Mar-1948 | 12 | The Rehabilitation Finance Administration Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1863/1/a1948-12.pdf | central | # THE REHABILITATION FINANCE ADMINISTRATION ACT, 1948
______
ARRANGEMENT OF SECTIONS
______
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Establishment and incorporation.
4. Constitution of the Administration.
5. Advisory Board.
6. Terms of office of the members of the Administration and the Advisory Board.
7. Disclosure of interest.
8. Removal from membership.
9. The Chief Administrator.
10. Staff.
11. Funds of the Administration.
12. Business of the Administration.
13. Loans.
14. Power to call for repayment before agreed period.
15. Mode of recovery.
16. Accounts and audit.
17. Power of inspection.
18. Returns.
19. Power of Central Government to give direction.
20. Exemption from taxes.
21. Liquidation of the Administration.
22. Delegation.
23. Power to make rules.
24. Power to make regulations.
25. Laying of rules and regulations before Parliament.
1
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# THE REHABILITATION FINANCE ADMINISTRATION ACT, 1948
ACT NO. 12 OF 1948
[23rd March, 1948.]
# An Act to establish the Rehabilitation Finance Administration.
WHEREAS it is expedient to establish a Rehabilitation Finance Administration for the purpose of giving
financial assistance on reasonable terms to displaced persons to enable them to settle in business or
industry;
It is hereby enacted as follows: —
**1. Short title, extent and commencement.—(1) This Act may be called the Rehabilitation Finance**
Administration Act, 1948.
1[(2) It extends to the whole of India except the State of Jammu and Kashmir*.]
(3) It shall come into force on such date[2 ]as the Central Government may, by notification in the
Official Gazette, appoint in this behalf.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) “Act” means the Rehabilitation Finance Administration Act, 1948;
(b) “Administration” means the Rehabilitation Finance Administration constituted under this Act;
(c) “borrower” means an individual, company, association or body of individuals, whether
incorporated or not, to whom a loan has been advanced under this Act;
(d) “displaced person” means—
(i) a person who, being displaced from any area [3][now forming part of Pakistan] on account
of civil disturbances or fear of such disturbances, has settled and is engaged or intends to engage
in any business or industry in India, or
(ii) a person in India who, having had his business, industry or property, wholly or partially
3[in any area now forming part of Pakistan], has lost, wholly or partially, such business, industry,
or property on account of civil disturbances or the fear of such disturbances, and who is engaged,
or intends to engage in any business or industry in India;
4[(e) “loan” means a sum of money advanced by the Administration—
(i) to a displaced person for the purpose of any business or industry in which he is engaged or
intends to engage himself, or
(ii) in respect of any business or industry, a substantial portion of which is owned by
displaced persons; and]
(f) “prescribed” means prescribed by rules made under section 23 or regulations made under
section 24.
**3. Establishment and incorporation.—(1) The Central Government shall constitute a Corporation**
called the Rehabilitation Finance Administration for giving financial assistance on reasonable terms to
displaced persons to enable them to settle in business and industry [5][or to any business or industry, a
substantial portion of which is owned by displaced persons].
(2) The Corporation shall be a body corporate by the name of the Rehabilitation Finance
Administration having perpetual succession and a common seal, with power, subject to the provisions of
1. Subs. by Act 1 of 1950, s. 2, for sub-section (2) (w.e.f. 18-2-1950).
2. 1st June, 1948, see Gazette of India, 1948, Extraordinary.
3. Subs. by Act 1 of 1950, s. 3, for “outside India”.
4. Subs. by s.3, ibid., for clause (e).
5. Added by Act 1 of 1950, s. 4.
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
2
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this Act, to acquire, hold and transfer property, both movable and immovable, and shall by the said name
sue and be sued.
(3) The administration shall have its head office at Delhi and may, with the previous approval of the
Central Government, open branches at such places in India as it may consider necessary to discharge
effectively its functions under this Act.
**4. Constitution of the Administration.—(1) The Administration shall consist of the following**
members, namely:—
(a) a Chairman to be appointed by the Central Government who shall be called the Chief
Administrator;
(b) [1][four] officials appointed by the Central Government; and
(c) [1][four] non-officials nominated by the Central Government.
(2) No act done by the Administration shall be called in question on the ground merely of the
existence of any vacancy or any defect in the constitution of the Administration.
**5. Advisory Board.—(1) The Central Government shall constitute an Advisory Board to advise the**
Administration on matters of policy and may where necessary constitute a Regional Committee to advice
each branch of the Administration.
(2) The Advisory Board shall consist of such members, not exceeding fifteen in number, as may be
nominated by the Central Government.
**6. Terms of office of the members of the Administration and the Advisory Board.—(1) A**
member appointed under clauses (a) and (b) of sub-section (1) of section 4 shall hold office during the
pleasure of the Central Government.
(2) A member nominated under clause (c) of sub-section (1) of section 4 or sub-section (2) of section
5 shall hold office for a term of two years from the date of his nomination and shall be eligible for
re-nomination.
(3) A nominated member may resign his membership by writing under his hand addressed to the
Central Government and he shall thereupon cease to be a member.
(4) A casual vacancy created by resignation under sub-section (3) or by any other reason shall be
filled by fresh nomination and the person nominated to fill the vacancy shall hold office only for the
remainder of the term for which the member whose place he takes was nominated.
**7. Disclosure of interest.—(1) No member of the Administration shall have any interest, direct or**
indirect, in any business, industry or concern to which any assistance under section 12 has been given or
is to be given and if any such member acquires such interest at any time during the continuance of such
assistance, he shall immediately disclose it to the Administration and shall either resign his membership
or disclose of his interest in such manner and within such time as he may be directed by it.
(2) Any member of the Advisory Board who has any interest, director indirect, in any business,
industry or concern to which any assistance under section 12 has been given or is to be given or acquires
such interest at any time during the continuance of such assistance shall immediately disclose it to the
Administration and shall not participate in the proceedings of the Advisory Board relating to such
assistance.
**8. Removal from membership.—Notwithstanding anything contained in section 6, the Central**
Government may, for any reason which may appear to it to be sufficient, remove any member at anytime
from the Administration or the Advisory Board.
**9. The Chief Administrator.—The Chief Administrator shall be a whole time servant of the**
Administration and shall receive such salaries and allowances and shall be subject to such terms and
conditions as may be determined by the Central Government.
1. Subs. by Act 1 of 1950, s. 5, for “three”
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**10. Staff.—The Administration may, in the manner prescribed [1]* * *,—**
(a) appoint a Deputy Chief Administrator and such other officers and servants as may be required
to enable it to carry out the functions under this Act;
(b) fix the salary and allowances or other conditions of service of the Deputy Chief
Administrator, other officers and servants;
(c) fix the remuneration and allowances payable to the members of the Administration and of the
Advisory Board:
[2][Provided that the appointment and the fixation of the salary, allowances and other conditions of
service of the Deputy Chief Administrator and such other officers as may be prescribed by the Central
Government, shall be subject to the previous sanction of that Government.]
**11. Funds of the Administration.—[3][(1) The Central Government may from time to time advance**
money to the Administration for its business, the aggregate amount of which, —
(a) for the purpose of enabling the Administration to advance loans, shall not, save as hereinafter
provided, exceed twelve crores and fifty lakhs of rupees; and
(b) for the purpose of enabling the Administration to meet any liability which it may incur in
guaranteeing losses in respect of loans advanced by scheduled banks, shall not exceed two crores of
rupees:
Provided that if, after the lapse of such period from the commencement of this Act as the Central
Government may think fit to fix in this behalf, any sum of money earmarked for the purpose specified in
clause (b) is found not to have been actually advanced for that purpose and is not, in the opinion of the
Central Government, likely to be required for the said purpose, the Central Government may utilize the
money for making advances from time to time to the Administration for the purposes specified in clause
(a), and when any such advance is made, the limit specified in clause (a) shall be deemed to have been
correspondingly increased.]
(2) [4][Subject to any regulations that may be made in this behalf, all moneys belonging to the
Administration which are not immediately required by the Administration for any purpose] shall be
deposited in the Reserve Bank of India or any agents thereof or invested in such securities as may be
approved by the Central Government.
(3) The Administration shall pay interest on the money so advanced at the rate of 3 per cent. per
annum to the Central Government.
5[12. Business of the Administration.—The Administration may—
(a) subject to the provisions of section 13, advance loans;
(b) guarantee, on such terms and conditions as may be agreed upon, losses which a scheduled
bank may suffer in respect of any loan advanced by it and approved by the Administration:
Provided that the total amount which may be guaranteed in respect of any scheduled bank and the
terms and conditions on which such guarantee may be given shall be subject to the prior approval of the
Central Government:
Provided further that the maximum liability of the Administration under such guarantee shall not
exceed the amount for the time being available under clause (b) of sub-section (1) of section 11;
1. The words “and with the prior sanction of the Central Government” omitted by Act 1 of 1950, s. 6.
2. Added by s. 6, ibid.
3. Subs. by Act 36 of 1953, s. 2, for sub-section (1).
4. Subs. by Act 1 of 1950, s. 7, for “All moneys belonging to the Administration”.
5. Subs. by Act 36 of 1953, s. 3, for section 12.
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(c) do all such acts and things as may be incidental to or consequential upon the performance of its
functions under this Act including the running of the Administration.]
**13. Loans.—(1) The Central Government may prescribe the limits as to amounts within which loans**
may be advanced by the Administration.
(2) For the purpose of advancing any loan under sub-section (1), the Administration may call for any
report either through its own staff, or through the District Officer of the district in which the borrower
resides or carries on business, or through any State [1]* * * Government, or through any bank of any other
appropriate agency.
(3) The Administration shall charge interest from the borrower at such rate not exceeding
6 per cent. per annum as may be specified by it.
(4) The period of the loan shall not exceed [2][fifteen] years.
(5) The loan may be advanced either for fixed capital or working capital or for both.
The assets created from the loan shall, notwithstanding any law or usage to the contrary, be deemed
to be mortgaged to the Administration for the repayment of the loan together with the interest thereon and
the amount of the loan and the interest thereon shall be first charge on such assets.
(6) The Administration may also take such further security for any loan as it may consider necessary.
**14. Power to call for repayment before agreed period.—Notwithstanding any agreement to the**
contrary, the Administration may, by notice, require any borrower forthwith to repay in full with interest
thereon any loan borrowed from it,—
(a) if it appears to the Administration that false or misleading information in any material
particular was given by the borrower for obtaining the loan or while furnishing any information under
section 17; or
(b) if the borrower has failed to comply with the terms of the contract with the Administration in
the matter of the loan; or
(c) if there is a reasonable apprehension that the borrower is unable to pay his debts or that
insolvency proceedings or proceedings for liquidation may be commenced against him; or
(d) if for any other reason it is necessary in the opinion of the Administration to protect the
interests of the Administration.
**15. Mode of recovery.—If the amount of loan or any instalment thereof or interest thereon which is**
due, in accordance with the terms of the contract or under the provisions of section 14, has not been
repaid, the Administration may,—
(a) without prejudice to any other remedy provided by law, recover such loan, instalment or interest
as arrears of land revenue, or
(b) take charge of the business or industry of the borrower on such terms and conditions as it may
deem fit.
3 [16. Accounts and audit.—(1) The Administration shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts including the profit and loss account and the
balance-sheet in such form as may be prescribed by the Central Government in consultation with the
Company and Auditor-General of India.
(2) The accounts of the Administration shall be audited annually by the Comptroller and Auditor
General of India and any expenditure incurred by him in connection with such audit shall be payable by
the Administration to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection
with the audit of the accounts of the Administration shall have the same rights, privileges and authority in
connection with such audit as the Comptroller and Auditor-General of India has in connection with the
1. The words “or a State” omitted by Act 36 of 1957, s. 3 and the Second Schedule.
2. Subs. by Act 36 of 1953, s. 4, for “ten”.
3. Subs. by s. 5, ibid., for section 16.
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audit of Government accounts and, in particular, shall have the right to demand the production of books,
accounts, connected vouchers and other documents and papers and to inspect any of the offices of the
Administration.
(4) The accounts of the Administration as certified by the Comptroller and Auditor-General of India
or any other person appointed by him in this behalf together with the audit report thereon shall be
forwarded annually to the Central Government and that Government shall cause the same to be laid
before both Houses of Parliament.]
**17. Power of inspection.—(1) The Chief Administrator or any other Officer authorised by him in**
writing in this behalf may, by order, require any borrower to furnish such information or to produce such
books of accounts and other documents for inspection at such time and place as may be specified in the
order and the borrower shall comply with such order.
(2) The Chief Administrator or such officer may inspect such books of account or documents
produced and take extracts therefrom.
(3) The Chief Administrator or the officer making the inspection or any person working under his
order shall not communicate or allow to be communicated to any person not legally entitled thereto any
information relating to the affairs of the borrower.
(4) If any person contravenes the provisions of sub-section (1) or sub-section (3) he shall be
punishable with imprisonment which may extend to six months or with fine which may extend to five
thousand rupees or with both.
**18. Returns.—(1) The Administration shall furnish to the Central Government a half-yearly report**
together with accounts and such other information within such time and in such manner as may be
specified by the Central Government.
(2) The report shall be laid before [1][Parliament] as soon as may be after it is prepared.
**19. Power of Central Government to give direction.— For the purposes of this Act, the Central**
Government may, from time to time, give to the Administration such general or special directions as it
thinks fit, and the Administration shall, in the exercise of its functions under this Act, comply with any
such directions.
**20. Exemption from taxes.— Notwithstanding anything contained in the Indian Income-tax Act,**
1922 (11 of 1922)[2], or in any other enactment for the time being in force relating to income-tax, super-tax
or business profits tax, the Administration shall not be liable to pay any income-tax, super-tax or business
profits tax or any incomes, profits or gains.
**21. Liquidation of the Administration.—(1) No provision of law relating to insolvency or to the**
winding up of companies or corporation shall apply to the Administration and the Administration shall
not be placed in liquidation save by the order of the Central Government and in such manner as it may
direct.
(2) In the event of the Administration being placed in liquidation, the assets of the Administration,
after meeting the liabilities, if any, shall vest in the Central Government and the Central Government shall
thereupon have all the powers of the Administration in recovering the loans remaining unpaid.
**22. Delegation.—The Administration may, by notification in the Official Gazette, direct that any**
power or duty which under any of the provisions of this Act is conferred or imposed upon the Administration shall, in such circumstances and under such conditions, if any, as may be specified in the direction,
be exercised or discharged by the Chief Administrator, Deputy Chief Administrator or any other person
subordinate to the Administration.
**23. Power to make rules.—The Central Government may, by notification in the Official Gazette,**
make rules for the purpose of giving effect to the provisions of this Act.
1. Subs. by A. O. 1950, for “the Central Legislature”.
2. See now the Income-tax Act, 1961 (43 of 1961).
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**24. Power to make regulations.—(1) The Administration may, with the previous sanction of the**
Central Government, make regulations, not inconsistent with this Act or the rules made there under, to
provide for all matters for which provision is necessary or expedient for the purpose of giving effect to
the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such regulation may
provide for—
(a) the conditions on which a person may be recognised as a displaced person,
(b) the manner and the time of the general meeting of the Administration, or Advisory Board or
Regional Committee and the procedure to be followed thereat and the manner in which right of voting
be exercised,
(c) the terms on which the Administration may grant loans,
(d) forms of returns and statements required under this Act,
(e) the duties and conduct, salaries, allowances and conditions of service of officers, servants and
agents of the Administration,
(f) manner and form of application for loans and contracts,
(g) manner in which accounts of the Administration shall be kept and audited,
(h) the manner in which and the conditions under which the business or industry of a person to
whom a loan has been advanced may be taken charge of and administered under section 15,
(i) any other matter which has to be or may be specified under this Act.
(3) All regulations made under this section shall be published in the Official Gazette and shall come
into force on such date as may be specified therein.
**1[25. Laying of rules and regulations before Parliament.—Every rule and every regulation made**
under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it
is in session, for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or
both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
that rule or regulation.]
1.Ins by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
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|
27-Mar-1948 | 14 | The Damodar Valley Corporation Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1807/1/194814.pdf | central | # THE DAMODAR VALLEY CORPORATION ACT, 1948
________
ARRANGEMENT OF SECTIONS
_________
PART I
INTRODUCTORY
SECTIONS
1. Short title, extent and commencement.
2. Interpretation.
PART II
ESTABLISHMENT OF THE CORPORATION
3. Incorporation.
4. Constitution of the Corporation.
5. Conditions of service of members.
6. Appointment of officers and servants.
7. Conditions of service of officers and servants.
8. Functions and duties of members.
9. General disqualification of all officers and servants.
10. Appointment of Advisory Committee.
PART III
FUNCTIONS AND POWERS OF THE CORPORATION
_General_
11. Limits of Damodar Valley and area of operations.
12. Functions of the Corporation.
_Irrigation and water-supply_
13. Provision for irrigation and water-supply.
14. Rates for supply of water for irrigation.
15. Rates for supply of water for industrial and domestic purposes.
16. Supply of water to those whose supply has been stopped or reduced.
17. Construction of dam, etc., prohibited except with the approval of the Corporation.
_Supply and generation of electrical energy_
18. Supply and generation of electrical energy.
19. Effect on existing licences.
20. Charges for supply of electrical energy.
_Other activities_
21. Other activities of the Corporation.
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_Powers_
SECTIONS
22. General powers of the Corporation.
23. Power to close roads and open spaces.
24. Powers under certain other enactments.
_Co-operation and avoidance of submersion_
25. Co-operation with other authorities to minimise inconvenience caused by submersion.
26. Submersion of coal mines to be avoided by the Corporation.
PART IV
FINANCE, ACCOUNTS AND AUDIT
27. Expenditure till the Corporation is established.
28. Vesting of property in the Corporation.
29. Fund of the Corporation.
30. Liabilities of participating Governments to provide capital to the Corporation.
31. Payment by participating Government on specified date.
32. Expenditure on objects other than irrigation, power and flood control.
33. Allocation of expenditure chargeable to project on main objects.
34. Capital allocated to irrigation
35. Capital allocated to power.
36. Capital allocated to flood control.
37. Disposal of profits and deficits.
38. Payment of interest.
39. Interest charge and other expenses to be added to and receipts taken for reduction of capital cost.
40. Provision for depreciation and reserve and other funds.
41. Corporation's share in betterment levy by State Governments.
42. Borrowing of money.
43. Liability to pay Central taxes.
44. Budget.
45. Annual report.
46. Other annual financial statements.
47. Accounts and audit.
PART V
MISCELLANEOUS
48. Directions by the Central Government.
49. Disputes between the Corporation and Governments.
50. Compulsory acquisition of land for the Corporation.
51. Control of Central Government.
52. Application of certain provisions of the Indian Forest Act, 1927, to the forests of the Corporation.
53. Penalty.
54. Procedure for prosecution.
55. Power of entry.
56. Members, officers and servants of the Corporation to be public servants.
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SECTIONS
57. Protection of action of action taken under the Act.
58. Effect of other laws.
59. Power to make rules.
60. Power to make regulations.
THE SCHEDULE.
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# THE DAMODAR VALLEY CORPORATION ACT, 1948
ACT NO. 14 OF 1948[1]
[27th March, 1948.]
# An Act to provide for the establishment and regulation of a Corporation for the development of
the Damodar Valley in the Provinces of Bihar and West Bengal.
WHEREAS it is expedient to provide for the establishment and regulation of a Corporation for the
development of the Damodar Valley in the Provinces of Bihar and West Bengal:
AND WHEREAS in pursuance of section 103 of the Government of India Act, 1935, (26 Geo. 5, c. 2.)
resolutions have been passed by all the Chambers of the Provincial Legislatures of the said Provinces to
the effect that certain matters dealt with in this Act which are enumerated in the Provincial Legislative
List should be regulated in those Provinces by Act of the Dominion Legislature;
It is hereby enacted as follows:—
PART I
INTRODUCTORY
**1. Short title, extent and commencement.—(1) This Act may be** called the Damodar Valley
Corporation Act, 1948.
(2) It extends to the States of Bihar and West Bengal.
(3) It shall come into force on such date[2] as the Central Government may, by notification in the
Official Gazette, appoint in this behalf.
**2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,—**
(1) “Corporation” means the Damodar Valley Corporation;
(2) “Damodar Valley” includes the basin of the Damodar river and its tributaries;
(3) “member” means a member of the Corporation and includes the Chairman;
(4) “participating Governments” means the Central Government, the State Government of Bihar and
the State Government of West Bengal;
(5) “prescribed” means prescribed by rules made under section 59;
(6) “State Government” means the Government of Bihar or as the case may be of West Bengal, and
“State Government” means the Governments of Bihar and West Bengal;
(7) “regulations” means the regulations made by the Corporation under section 60.
PART II
ESTABLISHMENT OF THE CORPORATION
**3. Incorporation.—(1) With effect from such date as the Central Government may, by notification in**
the Official Gazette, appoint in this behalf, there shall be established a Corporation by the name of the
Damodar Valley Corporation.
(2) The said Corporation shall be a body corporate having perpetual succession and a common seal,
and shall by the said name sue and be sued.
1. This Act has been amended in the State of West Bengal by West Bengal Act 3 of 1956.
2. 2nd April, 1948, see Gazette of India, Part I.
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**4. Constitution of the Corporation.—[1][(1) The Corporation shall consist of—**
(a) a Chairman;
(b) a member (technical) and a member (finance);
(c) one representative from the Central Government;
(d) two representatives one each from the State Government of Jharkhand and West Bengal;
(e) three independent experts one each from the field of irrigation, water supply and generation or
transmission or distribution of electricity; and
(f) a Member-Secretary.
(1A) The Chairman and members under clauses (a), (b), (d) and (f) of sub-section (1) shall be
appointed by the Central Government in consultation with the State Governments concerned while the
members under clauses (c) and (e) shall be appointed by the Central Government, by notification in the
Official Gazette.
(1B) The Chairman and members under clauses (a), (b) and (f) of sub-section (1) shall be
whole-time while the members under clauses (c), (d) and (e) shall be part-time.
(1C) The Chairman shall be the Chief Executive Officer of the Corporation.
(1D) Without prejudice to the provisions contained in sub-section (1C), the Member-Secretary shall
be in charge of general administration and business development of the Corporation.]
(2) A person shall be disqualified for being appointed, or for continuing as, a member of the
Corporation—
(a) if he is a member of [2][Parliament] or any State Legislature; or
(b) if he has, directly or indirectly, any interest in a subsisting contract made with, or in any work
being done for, the Corporation except as a shareholder (other than a director) in an incorporated
company provided that where he is a shareholder, he shall disclose to the Government the nature and
extent of shares held by him in such Company.
(3) No act or proceeding of the Corporation shall be invalid by reason only of the existence of any
vacancy amongst its members or any defect in the appointment of a member thereof.
**5. Conditions of service of members.** —[3]* - - * *
(2) The remuneration and other conditions of service of the members shall be such as may be
prescribed.
**6. Appointment of officers and servants. —[4]*** - - -
(3) The Corporation may appoint such other officers and servants as it considers necessary for the
efficient performance of its functions.
**7. Conditions of service of officers and servants.—The pay and other conditions of service of the**
officers and servants of the Corporation shall—
5* - - -
(b) as respects the other officers and servants, be such as may be determined by regulations.
**6[8. Functions and duties of members.—The functions and duties of members shall be such as may**
be prescribed.]
1. Subs. by Act 1 of 2012, s. 2, for sub-section (1) (w.e.f. 19-8-2013).
2. Subs. by the A.O. 1950, for “the Central”.
3. Sub-section (1) omitted by Act 59 of 1957, s. 2.
4. Subs-sections (1) and (2) omitted by Act 1 of 2012, s. 3 (w.e.f. 19-8-2013).
5. Clause (a) omitted by s. 4, ibid. (w.e.f. 19-8-2013).
6. Subs. by s. 5, ibid., for section 8 (w.e.f. 19-8-2013).
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**9. General disqualification of all officers and servants.—No person who has directly or indirectly,**
by himself or his partner or agent, any share or interest in any contract, by or on behalf of the
Corporation, or in any employment under, by or on behalf of the Corporation otherwise than as an officer
or servant thereof, shall become or remain an officer or servant of the Corporation.
**10. Appointment of Advisory Committee.—Subject to any rules made under section 59 the**
Corporation may from time to time appoint one or more Advisory Committees for the purpose of securing
the efficient discharge of the functions of the Corporation, and in particular for the purpose of securing
that those functions are exercised with due regard to the circumstances and requirements of particular
local areas.
PART III
FUNCTIONS AND POWERS OF THE CORPORATION
_General_
**11. Limits of Damodar Valley and area of operations.—(1) The Central Government shall, by**
notification in the Official Gazette, specify the limits of the Damodar Valley.
(2) The Corporation shall carry out all or any of its functions and exercise all or any of its powers
within the Damodar Valley.
(3) The Central Government may, after consultation with the State Governments by notification in the
Official Gazette, direct that the Corporation shall carry out such function and exercise such power in such
other area as may be specified therein and the area so specified shall be called the “area of operation” of
the Corporation.
**12. Functions of the Corporation.—The functions of the Corporation shall be—**
(a) the promotion and operation of schemes for irrigation, water-supply and drainage,
(b) the promotion and operation of schemes for the generation, transmission and distribution of
electrical energy, both hydro-electric and thermal,
(c) the promotion and operation of schemes for flood control in the Damodar river and its
tributaries and the channels, if any, excavated by the Corporation in connection with the scheme and
for the improvement of flow conditions in the Hooghly river,
(d) the promotion and control of navigation in the Damodar river and its tributaries and channels,
if any,
(e) the promotion of afforestation and control of soil erosion in the Damodar Valley, and
(f) the promotion of public health and the agricultural, industrial, economic and general well
being in the Damodar Valley and its area of operation.
_Irrigation and water-supply_
**13. Provision for irrigation and water-supply.—The Corporation may, with the approval of the**
State Government concerned which shall not be unreasonably withheld, construct canals and
distributaries and maintain and operate them:
Provided that the State Government may, after giving notice and subject to the payment of fair
compensation, take over the maintenance and operation of any such canal or distributary.
**14. Rates for supply of water for irrigation.—(1) The Corporation may, after consultation with the**
State Government concerned, determine and levy rates for the bulk supply of water to that Government
for irrigation, and fix the minimum quantity of water which shall be made available for such purpose.
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(2) The rates at which such water shall be supplied by the State Government to the cultivators and
other consumers shall be fixed by that Government after consultation with the Corporation.
**15. Rates for supply of water for industrial and domestic purposes.—The Corporation may**
determine and levy rates for bulk supply and retail distribution of water for industrial and domestic
purposes and specify the manner of recovery of such rates.
**16. Supply of water to those whose supply has been stopped or reduced.—If, with a view to**
operating its schemes, the Corporation has stopped or reduced the supply of water to any person for
agricultural, industrial or domestic purposes which such person was, prior to such stoppage or reduction,
enjoying by virtue of any prescriptive right, the Corporation shall arrange such supply of water on the
same terms as before.
**17. Construction of dam, etc., prohibited except with the approval of the Corporation.—Save as**
otherwise prescribed, no person shall construct, operate or maintain in the Damodar Valley any dam or
other work or any installation for the extraction of water without the consent of the Corporation.
**18. Supply and generation of electrical energy.—Notwithstanding anything contained in the Indian**
Electricity Act, 1910 (9 of 1910), or any licence granted thereunder—
(i) No person shall without the permission of the Corporation—
(a) sell electrical energy to any consumer in the Damodar Valley where the energy is taken
by the consumer at a pressure of 30,000 volts or more;
(b) transmit electrical energy in the Damodar Valley at a pressure of 30,000 volts or more;
(c) generate any electrical energy at an installation having an aggregate capacity of more than
10,000 kilowatts in any part of the Damodar Valley lying to the north of a straight line drawn east
to west passing through a point at latitude twenty-two degrees, fourteen minutes and forty-seven
seconds and longitude eighty-seven degrees, fifty-one minutes and forty-two seconds except such
portion of the municipal area of Burdwan as may lie to the north of such straight line:
Provided that nothing in sub-clause (c) shall apply to any person who was, at the commencement of
this Act, generating electrical energy at an installation having an aggregate capacity of more than 10,000
kilowatts, so long as the capacity of such installation is not increased:
Provided further that nothing in sub-clause (c) shall apply to the power station installation of the
fertiliser factory at Sindri having an aggregate capacity of 80,000 kilowatts so long as the capacity of such
installation is not increased beyond 80,000 kilowatts.
(ii) The Corporation may sell electrical energy to any consumer in the Damodar Valley but no
such sale shall, except with the permission of the State Government concerned, be made to any
consumer requiring supply at a pressure of less than 30,000 volts.
(iii) The Corporation may, with the permission of the State Government concerned, extend its
transmission system to any area beyond the Damodar Valley and sell electrical energy in such area.
**19. Effect on existing licences.—(1) Where any licence granted under the Indian Electricity Act,**
1910 (9 of 1910), becomes inoperative wholly or partly by virtue of the provisions of section 18, the
licence shall be deemed to have been revoked or modified so as to be consistent with those provisions.
(2) Where a licence is deemed to have been revoked under sub-section (1) the Corporation shall
purchase the undertaking of the licencee, and where a licence is modified under that sub-section, the
Corporation shall, at the option of the licensee, either purchase the undertaking or pay fair compensation
to the licensee.
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(3) The purchase price or the amount of compensation payable by the corporation under
sub-section (2) shall be such as may be agreed to between the Corporation and the licensee or, in the
event of disagreement, as may be determined by arbitration.
**20. Charges for supply of electrical energy.—The Corporation shall fix the schedule of charges for**
the supply of electrical energy, including the rates for bulk supply and retail distribution, and specify the
manner of recovery of such charges:
Provided that the Corporation may in any contract for bulk supply of electrical energy impose such
terms and conditions including a retail rate schedule as it may deem necessary or desirable to encourage
the use of electrical energy.
_Other activities_
**21. Other activities of the Corporation. — (1) The Corporation may establish, maintain and operate**
laboratories, experimental and research stations and farms for conducting experiments and research for—
(a) utilising the water, electrical energy and other resources in the most economical manner for
the development of the Damodar Valley,
(b) determining the effect of its operations on the flow conditions in the Hooghly river,
(c) making improvements in navigation conditions in the port of Calcutta, and
(d) carrying out any other function specified under section 12.
(2) The Corporation may set up its own planning, designing, construction and operating agencies, or
make arrangements therefor with the participating Governments, local authorities, educational and
research institutions or any person carrying on the business of an architect, an engineer or a contractor.
_Powers_
**22. General powers of the Corporation.—(1) The Corporation shall have the power to do anything**
which may be necessary or expedient for the purposes of carrying out its functions under this Act.
(2) Without prejudice to the generality of the foregoing provision, such power shall include the
power—
(i) to acquire and hold such movable and immovable property as it may deem necessary and to
lease, sell or otherwise transfer any such property;
(ii) to construct or cause to be constructed such dams, barrages, reservoirs, power houses, power
structures, electrical transmission lines and sub-stations, navigation works, irrigation, navigation and
drainage canals and such other works and structures as may be required;
(iii) to prevent pollution of any water under its control and to take all measures to prevent
discharges into such water effluents which are harmful to water supply, irrigation, public health or
fish life;
(iv) to stock its reservoirs or water courses with fish and to regulate or prohibit taking out fish
from the water under its control;
(v) to undertake resettlement of the population displaced by the dams, acquisition of land for
reservoirs and protection of watersheds;
(vi) to aid in the establishment of co-operative societies and other organisations for the better use
of facilities made available by the Corporation;
(vii) to undertake measures for the prevention of malaria.
8
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**23. Power to close roads and open spaces.—(1) The Corporation may, after giving notice to the**
persons concerned or to the public generally, —
(a) turn, divert or discontinue the public use of, or permanently close, any road or any part
thereof, or
(b) discontinue the public use of, or permanently close, any open space or any part thereof.
(2) Whenever the Corporation discontinues the public use of, or permanently closes, any road or open
space the Corporation shall pay reasonable compensation to every person—
(a) who was entitled, otherwise than as a licensee, to use such road or open space or part
thereof as a means of access, or
(b) Whose immovable property was receiving air and light on account of such open space or
part,
and who has suffered damage—
(i) in any case falling under clause (a) from such discontinuance or closure, and
(ii) in any case falling under clause (b) from the use to which the Corporation has put such
open space or part.
(3) In determining the compensation payable to any person under sub-section (2), the Corporation
may take into consideration any benefit accruing to such person from the construction, provision or
improvement of any other road, or open space at or about the same time that the road or open space or
part thereof, on account of which the compensation is to be paid, is discontinued or closed.
(4) When any road or open space or any part thereof is permanently closed under sub-section (1), the
Corporation may sell or leave such part of it as is not required for its purposes.
**24. Powers under certain other enactments.—(1) Notwithstanding anything contained in the Acts**
specified in column one of Part I of the Schedule, the Corporation may carry out all or any of the
functions and exercise all or any of the powers of a State Government in the Damodar Valley under the
provisions of such Acts specified in column two thereof against each item of column one.
(2) Notwithstanding anything contained in the Acts specified in column one of Part II of the
Schedule, any officer authorised by the Corporation may carry out all or any of the functions and exercise
all or any of the powers of a Canal Officer, Collector, or Forest Officer, as the case may be, in the
Damodar Valley under the provisions of such Acts specified in column two thereof against each item of
column one.
_Co-operation and avoidance of submersion_
**25. Co-operation with other authorities to minimise inconvenience caused by submersion.—The**
Corporation shall co-operate with the participating Governments, railway authorities and local authorities
and bodies, with a view to minimising the inconvenience likely to be caused by the submersion of roads
and communications and shall bear the cost of any realignment thereof or resettlement of any population
rendered necessary by such submersion.
**26. Submersion of coal mines to be avoided by the Corporation.—The Corporation shall make**
every endeavour to avoid submersion of coal or mineral deposits and shall co-operate with the coal
mining industry and the bodies set up by the participating Governments to ensure the maintenance of
supplies of sand for stowing purposes in coal mines and in other ways to minimise the inconvenience to
the coal mining industry.
9
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PART IV
FINANCE, ACCOUNTS AND AUDIT
**27. Expenditure till the Corporation is established.—All expenditure incurred by the Central**
Government for and in connection with the establishment of the Corporation up to the date of its
establishment shall be treated as the capital provided by the Central Government to the Corporation and
such capital shall be adjusted between the participating Governments in accordance with the provisions of
sections 30 to 36.
**28. Vesting of property in the Corporation.—All property acquired and works constructed for the**
purposes of the Damodar Valley scheme before the establishment of the Corporation shall vest in the
Corporation and all income derived and expenses incurred in this behalf shall be brought into the books of
the Corporation.
**29. Fund of the Corporation.—(1) The Corporation shall have its own fund and all receipts of the**
Corporation shall be carried thereto and all payments by the Corporation shall be made therefrom.
(2) Except as otherwise directed by the Central Government, all moneys belonging to that fund shall
be deposited in the Reserve Bank of India or the Agents of the Reserve Bank of India or invested in such
securities as may be approved by the Central Government.
**30. Liabilities of participating Governments to provide capital to the Corporation.—The**
participating Governments shall, as hereinafter specified, provide the entire capital required by the
Corporation for the completion of any project undertaken by it.
**31. Payment by participating Government on specified date.—Each participating Government**
shall provide its share of the capital on the dates specified by the Corporation and if any Government fails
to provide such share on such dates the Corporation may raise loan to make up the deficit at the cost of
the Government concerned.
**32. Expenditure on objects other than irrigation, power and flood control.—The Corporation**
shall have power to spend such sums as it thinks fit on objects authorised under this Act other than
irrigation, power and flood control and such sums shall be treated as common expenditure payable out of
the fund of the Corporation before allocation under section 32.
**33. Allocation of expenditure chargeable to project on main objects.—The total capital**
expenditure chargeable to a project shall be allocated between the three main objects, namely, irrigation,
power and flood control as follows, namely:—
(1) expenditure solely attributable to any of these objects, including a proportionate share of
overhead and general charges, shall be charged to that object, and
(2) expenditure common to two or more of the said objects, including a proportionate share of
overhead and general charges, shall be allocated to each of such objects in proportion to the
expenditure which, according to the estimates of the Corporation, would have been incurred in
constructing a separate structure solely for that object, less any amount determined under clause (1) in
respect of that object.
**34. Capital allocated to irrigation.—The total amount of capital allocated to irrigation shall be**
shared between the State Governments as follows, namely:—
(1) the Government concerned shall be responsible for the capital cost of the works constructed
exclusively for irrigation in its State; and
(2) the balance of capital cost under irrigation for both the States of Bihar and West Bengal shall be
shared by the State Governments in the proportion to their guaranteed annual off-takes of water for
agricultural purposes:
10
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Provided that the divisible capital cost under this clause shall be provisionally shared between them in
accordance with their previously declared intentions regarding their respective guaranteed off-takes and
any payments made accordingly shall be adjusted after the determination of the guaranteed off-takes.
**35. Capital allocated to power.—The total amount of capital allocated to power shall be shared**
equally between the three participating Governments.
**36. Capital allocated to flood control.—The total amount of capital up to fourteen crores of rupees**
allocated to flood control shall be shared equally between the Central Government and the Government of
West Bengal and any amount in excess thereof shall be the liability of the Government of West Bengal.
**37. Disposal of profits and deficits.—(1) Subject to the provisions of sub-section (2) of section 40,**
the net profit, if any, attributable to each of the three main objects, namely, irrigation, power and flood
control, shall be credited to the participating Governments in proportion to their respective shares in the
total capital cost attributed to that object.
(2) The net deficit, if any, in respect of any of the objects shall be made good by the Governments
concerned in the proportion specified in sub-section (1):
Provided that the net deficit in respect of flood control shall be made good entirely by the
Government of West Bengal and the Central Government shall have no share in such deficit.
**38. Payment of interest.—The Corporation shall pay interest on the amount of capital provided by**
each participating Government at such rate as may, from time to time, be fixed by the Central
Government and such interest shall be deemed to be part of the expenditure of the Corporation.
**39. Interest charge and other expenses to be added to and receipts taken for reduction of capital**
**cost.—For a period, not exceeding fifteen years, from the establishment of the Corporation, if the**
Corporation runs in deficit, the interest 28 charges and all other expenditure shall be added to the capital
cost and all receipts shall be taken in reduction of such capital cost.
**40. Provision for depreciation and reserve and other funds.—(1) The Corporation shall make**
provision for depreciation and for reserve and other funds at such rates and on such terms as may be
specified by the Auditor-General of India in consultation with the Central Government.
(2) The net profit for the purposes of section 37 shall be determined after such provision has been
made.
**41. Corporation's share in betterment levy by State Governments.—In the event of any**
betterment levy being imposed by a State Government, the proportionate proceeds thereof in so far as
they are attributable to the operations of the corporation shall be credited to the Corporation.
**42. Borrowing of money.—The Corporation may, with the approval of the Central Government,**
borrow money in the open market or otherwise for the purposes of carrying out its functions under this
Act.
**43. Liability to pay Central taxes.—(1) The Corporation shall be liable to pay any taxes on income**
levied by the Central Government in the same manner and to the same extent as a company.
(2) The State Governments shall not be entitled to any refund of any such taxes paid by the
Corporation.
**44. Budget.—(1) The Corporation, in consultation with the** [1][member (finance)], shall in October
each year prepare in such form as may be prescribed a budget for the next financial year showing the
estimated receipts and expenditure and the amounts which would be required from each of the three
participating Governments during that financial year.
1. Subs. by Act 1 of 2012, s. 6, for “financial adviser” (w.e.f. 19-8-2013).
11
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(2) Printed copies of the budget shall be made available to each of the three participating
Governments by the 15th day of November each year.
(3) The budget shall be laid before [1][Parliament] and the State Legislatures concerned as soon as may
be after it is prepared.
**45. Annual report.—(1) The Corporation shall prepare, in such form as may be prescribed, an annual**
report within six months after the end of each financial year giving a true and faithful account of its
activities during the previous financial year, with particular reference to—
(i) irrigation;
(ii) water supply;
(iii) electrical energy;
(iv) flood control;
(v) navigation;
(vi) afforestation;
(vii) soil erosion;
(viii) use of lands;
(ix) resettlement of displaced population;
(x) sanitation and public health measures; and
(xi) economic and social welfare of the people.
(2) The annual report shall also give a true and faithful account of the income and expenditure during
the previous financial year, the net amounts attributable to each of the three main objects and the
distribution of the capital cost between the three participating Governments and show the progressive
totals from the inception of the Corporation and the up-to-date financial results.
(3) The payments provisionally made by each of the three participating Governments on the basis of
the budget estimates shall be adjusted as soon as possible in accordance with the allocation made in the
annual report.
(4) Printed copies of the annual report shall be made available to each of the three participating
Governments by the 15th day of October each year.
(5) The annual report shall be laid before [1][Parliament] and the State Legislatures concerned as soon
as may be after it is prepared.
**46. Other annual financial statements.—(1) The Corporation shall also prepare such other annual**
financial statements in such form and by such dates as may be prescribed.
(2) Printed copies of each such annual financial statement shall be made available to each of the three
participating Governments by such date as may be prescribed.
**47. Accounts and audit.—The accounts of the Corporation shall be maintained and audited in such**
manner as may, in consultation with the Auditor-General of India, be prescribed.
PART V
MISCELLANEOUS
**48. Directions by the Central Government.—(1) In discharge of its functions the Corporation shall**
be guided by such instructions on questions of policy as may be given to it by the Central Government.
(2) If any dispute arises between the Central Government and the Corporation as to whether a
question is or is not a question of policy, the decision of the Central Government shall be final.
1. Subs. by the A. O. 1950, for “the Central”.
12
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**49. Disputes between the Corporation and Governments.—(1) Save as otherwise expressly**
provided in this Act, any dispute between the Corporation and any participating Government regarding
any matter covered by this Act or touching or arising out of it shall be referred to an arbitrator who shall
be appointed by the Chief Justice of India.
(2) The decision of the arbitrator shall be final and binding on the parties.
**50. Compulsory acquisition of land for the Corporation.—Any land required by the Corporation**
for carrying out its functions under this Act shall be deemed to be needed to be needed for a public
purpose and such land shall be acquired for the Corporation as if the provisions of Part VII of the Land
Acquisition Act, 1894 (1 of 1894), were applicable to it and the Corporation were a company within the
meaning of clause (e) of section 3 of the said Act.
**51. Control of Central Government.—(1) The Central Government may remove from the**
Corporation any member who in its opinion—
(a) refuses to act,
(b) has become incapable of acting,
(c) has so abused his position as a member as to render his continuance on the Corporation
detrimental to the interest of the public, or
(d) is otherwise unsuitable to continue as member.
(2) The Central Government may suspend any member pending an enquiry against him.
(3) No order of removal under this section shall be made unless the member concerned has been
given an opportunity to submit his explanation to the Central Government, and when such order is passed
the seat of the member removed shall be declared vacant and another member may be appointed under
section 4 to fill up the vacancy.
(4) A member who has been removed shall not be eligible for reappointment as member or in any
other capacity to the Corporation.
(5) The Central Government may declare void any transaction in connection with which a member
has been removed under sub-section (1).
(6) If the Corporation fails to carry out its functions, or follow the directions issued by the Central
Government under this Act, the Central Government shall have the power to remove the Chairman and
the members of the Corporation and appoint a Chairman and members in their places.
**52. Application of certain provisions of the Indian Forest Act, 1927, to the forests of the**
**Corporation.—All acts prohibited in respect of a reserved forest under section 26 of the Indian Forest**
Act, 1927 (16 of 1927) shall be deemed to be prohibited in respect of any forest owned by or under the
supervision or control of the Corporation and all offences in respect of such forest shall be punishable
under the said Act as if they were committed in respect of a reserved forest.
**53. Penalty.—Whoever contravenes the provisions of sections 17 and 18 of this Act or any rule made**
thereunder shall be punished with imprisonment for a term which may extend to six months or with fine
or with both.
**54. Procedure for prosecution.—No Court shall take cognisance of an offence under this Act except**
on the complaint of an officer of the Corporation authorised by it in this behalf.
**55. Power of entry.—Any officer or servant of the Corporation generally or specially authorised by**
the Corporation may at all reasonable times enter upon any land or premises and there do such things as
may be reasonably necessary for the purpose of lawfully carrying out any of its works or of making any
survey, examination or investigation preliminary or incidental to the exercise of powers or the
performance of functions by the Corporation under this Act.
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**56. Members, officers and servants of the Corporation to be public servants.—All members,**
officers and servants of the Corporation, whether appointed by the Central Government or the
Corporation, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of
this Act to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
**57. Protection of action taken under the Act.—(1) No suit, prosecution, or legal proceeding shall**
lie against any person in the employment of the Corporation for anything which is in good faith done or
purported to be done under this Act.
(2) Save as otherwise provided in the Act no suit or other legal proceeding shall lie against the
Corporation for any damage caused or likely to be caused by anything in good faith done or purported to
be done under this Act.
**58. Effect of other laws.—The provisions of this Act or any rule made thereunder shall have effect**
notwithstanding anything contained in any enactment other than this Act or any instrument having effect
by virtue of any enactment other than this Act.
**59. Power to make rules.—The Central Government may, by notification in the official Gazette,**
make rules to provide for all or any of the following matters, namely:—
(1) the salaries and allowances and conditions of service of members,[1]***;
(2) the functions and duties of the [2][members];
(3) the dams or other works or the installations which may be constructed without the approval of the
Corporation;
(4) the forms of the budget, the annual report and the annual financial statements and the dates by
which copies of the annual financial statements shall be made available to the participating Governments;
(5) the manner in which the accounts of the Corporation shall be maintained and audited;
(6) the appointment of an Advisory Committee; and
(7) the punishment for breach of any rule made under this Act.
**60. Power to make regulations.—(1) The Corporation may, with the previous sanction of the**
Central Government, by notification in the Gazette of India, make regulations for carrying out its
functions under this Act.
(2) In particular and without prejudice to the generality of the foregoing power, in such regulation the
Corporation may make provision for—
(a) making of appointments and promotions of its officers and servants;
(b) specifying other conditions of service of its officers and servants;
(c) specifying the manner in which water rates and charges for electrical energy shall be
recovered;
(d) preventing the pollution of water under its control;
(e) regulating the taking out of fish from the water under its control;
(f) regulating its proceedings and business;
(g) prescribing punishment for breach of any regulation.
(3) All regulations made under sub-sections (1) and (2) shall, as soon as possible, be published also in
the Official Gazettes of the State Governments.
1. The words “the secretary and the financial adviser” omitted by Act 1 of 2012, s. 7 (w.e.f. 19-8-2013).
2. Subs. by s. 7, ibid., for “financial adviser” (w.e.f. 19-8-2013).
14
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THE SCHEDULE
(See section 24)
PART I
Acts Provisions of the Acts specified in column (1)
(1) (2)
1. The Canals Act, 1864 (Ben. Act 5 of 1864). Section 6 (Power of State Government to fix and
alter rates of tolls).
Section 8 (Power of State Government to appoint
persons to collect tolls who may farm collection).
2. The Indian Forest Act, 1927 (16 of 1927). Section 35 (Protection of forests for special
purposes).
Section 36 (Power to assume management of
forests).
PART II
Acts Provisions of the Acts specified in column (1)
(1) (2)
1. The Bengal Irrigation Act, 1876 (Ben. Act 3 of 1876). Part III (Power of the maintenance of canals).
Section 41 of Part IV (Power of Canal Officer to
issue notice to person causing obstruction).
Section 42 of Part IV (Power of Canal Officer to
cause obstructions to be removed) .
2. The Bengal Embankment Act, 1882 (Ben. Act 2 of 1882). Part II (Powers of Collector and procedure
thereon).
Part III (Powers of Collector in cases of imminent
danger to life or property).
3.The Indian Forest Act, 1927 (16 of 1927) Section 36 (Power to assume management of
forests).
15
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|
29-Mar-1948 | 16 | The Dentists Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1463/1/AAAA1948____16.pdf | central | # THE DENTISTS ACT, 1948
____________
# ARRANGEMENT OF SECTIONS
___________
CHAPTER I
INTRODUCTORY
SECTIONS
1. Short title and extent.
2. Interpretation.
2A. Construction of references to laws not in force in Jammu and Kashmir.
CHAPTER II
DENTAL COUNCIL OF INDIA
3. Constitution and composition of council.
4. Incorporation of Council.
5. Mode of election.
6. Term of office and casual vacancies.
7. President and Vice-President of Council.
8. Staff remuneration and allowances.
9. The Executive Committee.
10. Recognition of dental qualifications.
10A. Permission for establishment of new dental college, new courses of study, etc.
10B. Non-recognition of dental qualifications in certain cases.
10C. Time for seeking permission for certain existing authorities.
11. Qualifications of dental hygienists.
12. Qualifications of dental mechanics.
13. Effect of recognition.
14. Power to require information as to courses of study and training and examinations.
15. Inspection.
15A. Appointment of Visitors.
16. Withdrawal of recognition.
16A.Withdrawal of recognition of recognised dental qualification.
17. Mode of declarations.
17A. Professional conduct.
18. The Indian Register.
19. Information to be furnished.
20. Power to make regulations.
CHAPTER III
STATE DENTAL COUNCILS
21. Constitution and Composition of State Councils.
22. Inter-State agreements.
1
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SECTIONS
23. Composition of Joint State Councils.
24. Incorporation of State Councils.
25. President and Vice-President of State Council.
26. Mode of elections.
27. Term of office and casual vacancies.
28. Staff, remuneration and allowances.
29. Executive Committee.
30. Information to be furnished.
CHAPTER IV
REGISTRATION
31. Preparation and maintenance of register.
32. First preparation of register.
33. Qualifications for entry on first preparation of register.
34. Qualification for subsequent registration.
35. Scrutiny of applications for registration.
35A. Special provision for amending the register of dentists.
36. Registers of dental hygienists and dental mechanics.
37. Qualification for registration as a dental hygienist.
38. Qualification for registration as a dental mechanic.
39. Renewal fees.
40. Entry of additional qualifications.
41. Removal from register.
42. Restoration to register.
43. Bar of jurisdiction.
44. Issue of duplicate certificates.
45. Printing of registers.
46. Effect of registration.
46A.Transfer of registration.
CHAPTER V
MISCELLANEOUS
47. Penalty for falsely claiming to be registered.
48. Misuse of titles.
49. Practice by unregistered persons.
50. Failure to surrender certificate of registration.
51. Companies not to engage in dentistry.
52. Cognizance of offences.
53. Payment of part of fees to Council.
53A. Accounts and audit.
54. Appointment of Commission of Enquiry.
55. Power to make rules.
THE SCHEDULE
2
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# THE DENTISTS ACT, 1948
ACT NO. 16 OF 1948[1]
An Act to regulate the profession of dentistry.
[29th _March, 1948.]_
WHEREAS it is expedient to make provision for the regulation of the profession of dentistry and for
that purpose to constitute Dental Councils:
CHAPTER I
INTRODUCTORY
**1. Short title and extent.—(1) This Act may be called the Dentists Act, 1948.**
(2) It extends to [2][the whole of India [3]***.]
**2. Interpretation.—In this Act, Unless there is anything repugnant in the subject or context,—**
(a) “the Council” means the Dental Council of India constituted under section 3;
(b) “dental hygienist” means a person not being a dentist or a medical practitioner, who scales,
cleans or polishes teeth, or gives instruction in dental hygiene;
(c) “dental mechanic” means a person who makes or repairs denture and dental appliances;
(d) “dentistry” includes—
(i) the performance of any operation on, and the treatment on any disease, deficiency or
lesion of, human teeth or jaws, and the performance of radiographic work in connection with
human teeth or jaws or the oral cavity;
(ii) the giving of any anaesthetic in connection with any such operation or treatment;
(iii) the mechanical construction or the renewal of artificial dentures or restorative dental
appliances;
(iv) the performance of any operation on, or the giving of any treatment, advice or attendance
to, any person preparatory to, or for the purpose of, or in connection with, the fitting, inserting,
fixing, constructing, repairing or renewing of artificial dentures or restorative dental appliances,
and the performance of any such operation and the giving of any such treatment, advice or
attendance, as is usually performed or given by dentists;
(e) “dentist” means a person who practises dentistry;
(f) “medical practitioner” means a person who holds a qualification granted by an authority
specified or notified under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916), or
specified in the Schedules to the [4][Indian Medical Council Act, 1956 (102 of 1956),] [5][or specified in
any other law for the time being in force in any State,] or who practises any system of medicine and is
registered or is entitled to be registered in any [6][State] medical register by whatever name called;
(g) “prescribed” means prescribed by rules or regulations made under this Act;
1. The Act has been amended in:—
West Bengal by West Bengal Act 26 of 1959, Madras by Madras A.O. 1961 and Orissa by Orissa Act 20 of 1972.
The Act has been extended to:—
Dadra and Nagar Haveli by Regulation 6 of 1963, s. 2 and the First Schedule., Goa, Daman and Diu by Regulation 11 of 1963,
s. 3 and the Schedule and comes into force in Pondicherry with modification by Regulation 7 of 1963, s. 3 and the First
Schedule. (w.e.f. 1-10-1963).
2. Subs. by the A.O. 1950, for “all the Provinces of India”.
3. The words “except the State of Jammu and Kashmir” omitted by Act 42 of 1972, s. 2 (w.e.f. 1-11-1972).
4. Subs. by s. 3, ibid., for “Indian Medical Council Act, 1933 (27 of 1933)” (w.e.f. 1-11-1972).
5. Ins. by Act 12 of 1955, s. 3.
6. Subs. by the A.O. 1950, for “Provincial”.
3
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(h) “[1][State] Council” means a [1][State] Dental Council constituted under section 21, and includes
a Joint [1][State] Council constituted in accordance with an agreement under section 22;
(i) “register” means a register maintained under this Act;
2[(j) “recognised dental qualification” means any of the qualifications included in the Schedule;]
(k) “recognised dental hygiene qualification” means a qualification recognised by the Council
under section 11;
(l) “registered dentist”, “registered dental hygienist” and “registered dental mechanic” shall mean,
respectively, a person whose name is for the time being registered in a register of dentists, a register
of dental hygienists and a register of dental mechanics.
3* - - -
**2A. [Construction of references to laws not in force in Jammu and Kashmir.] Omitted by the Jammu**
_and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020,_ _vide Notification No. S.O._
1123(E) _dated (18-3-2020) and_ _vide Union Territory of Ladakh Reorganisation (Adaptation of Central_
_Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]._
CHAPTER II
DENTAL COUNCIL OF INDIA
**3. Constitution and composition of council.—The Central Government shall, as soon as may be,**
constitute a Council consisting of the following members, namely:—
(a) one registered dentist possessing a recognised dental qualification elected by the dentists
registered in Part A of each [1][State] register;
(b) one member elected from amongst themselves by the members of the Medical Council of
India;
4[5[(c) not more than four members elected from among themselves, by—
(a) Principals, Deans, Directors and Vice-Principals of dental colleges in the States training
students for recognised dental qualifications:
Provided that not more than one member shall be elected from the same dental college;
(b) Heads of dental wings of medical colleges in the States training students for recognised
dental qualifications;]
(d) one member from each University established by law in the States which grants a recognised
dental qualification, to be elected by the members of the Senate of the University, or in case the
University has no Senate, by the members of the court, from amongst the members of the Dental
Faculty of the University or in case the University has no Dental Faculty, from amongst the members
of the Medical Faculty thereof;
(e) one member to represent [6][each State [7]***] nominated by the Government of each such State
from among persons registered either in a medical register or a dental register of the State;]
8[Explanation.—In this clause, “State” does not include a Union territory;]
1. Subs. by the A.O. 1950, for “Provincial”.
2. Subs. by Act 42 of 1972, s. 3, for clause (j) (w.e.f. 1-11-1972).
3. Omitted by s. 3, ibid. (w.e.f. 1-11-1972).
4. Subs. by Act 12 of 1955, s. 4, for clauses (c), (d) and (e).
5. Subs. by Act 42 of 1972, for clause (c) (w.e.f. 1-11-1972).
6. Subs. by the A.O. (No. 3), 1956, for “each Part A State and Part B State other than the State of Jammu and Kashmir”.
7. Omitted by Act 42 of 1972, s. 5 (w.e.f. 1-11-1972).
8. Added by s. 5, ibid. (w.e.f. 1-11-1972).
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
4
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(f) six members nominated by the Central Government, of whom at least one shall be a registered
dentist possessing a recognised dental qualification and practising or holding an appointment in an
institution for the training of dentists in a [1][Union territory] [2]***;
3[(g) the Director General of Health Services, ex officio;]
Provided that pending the preparation of registers the [4][State] Governments may nominate to the
first Council members referred to in parts (a) and (e) and the Central Government members referred
to in part (f) out of persons who are eligible for registration in the respective registers and such
persons shall hold office for such period as the [4][State] or Central Government may, by notification in
the Official Gazette, specify.
**4. Incorporation of Council.—The Council shall be a body corporate by the name of the Dental**
Council of India, having perpetual succession and a common seal, with power to acquire and hold
property, both movable and immovable, and shall by the said name sue and be sued.
**5. Mode of elections.—Elections under this Chapter shall be conducted in the prescribed manner, and**
where any dispute arises regarding any such election, it shall be referred to the Central Government
whose decision shall be final.
**6. Term of office and casual vacancies.—(1) Subject to the provisions of this section an elected or**
nominated member shall hold office for a term of five years from the date of his election or nomination or
until his successor has been duly elected or nominated, whichever is longer:
5[Provided that a member nominated under clause (e) or clause (f) section 3, shall hold office during
the pleasure of the authority nominating him.]
(2) An elected or nominated member may at any time resign his membership by writing under his
hand addressed to the President and the seat of such member shall thereupon become vacant.
(3) An elected or nominated member shall be deemed to have vacated his seat if he is absent without
excuse, sufficient in the opinion of the Council, from three consecutive ordinary meetings of the Council
or, in the case of a member whose name is required to be included in a [4][State] register, if his name is
removed from such register, or if he has been elected under clause (c) of section 3 [6][if he ceases to hold
his appointment as the [7][Principal, Dean, Director or Vice-Principal] of a dental college, or as [8][the Head
of the dental wing] of a medical college, or if he has been elected under clause (b) or (d) of section 3, if he
ceases to be a member of the Medical Council of India or [9][the Dental or Medical Faculty] of the
University, as the case may be.
(4) A casual vacancy in the Council shall be filled by fresh election or nomination, as the case may
be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the
term for which the member whose place he takes was elected or nominated.
(5) Members of the Council shall be eligible for re-election or re-nomination.
(6) No act done by the Council shall be called in question on the ground merely of the existence of
any vacancy in, or defect in the constitution of, the Council.
**7. President and Vice-President of Council.—(1) The President and Vice-President of the Council**
shall be elected by the members thereof from among themselves:
1. Subs. by the A.O. (No. 3), 1956, for “Part C State”.
2. The words and letter “and at least two shall be dentists registered in Part B of a State register” omitted by Act 13 of 2019, s. 2
(w.e.f. 30-7-2019).
3. Ins. by Act 12 of 1955, s. 4.
4. Subs. by the A.O. 1950, for “Provincial”.
5. Added by Act 42 of 1972, s. 6 (w.e.f. 1-11-1972).
6. Subs. by Act 12 of 1955, s. 5, for “if he ceases to hold his appointment as head of a college”.
7. Subs. by Act 42 of 1972, s. 6, for “Principal or Vice-Principal” (w.e.f. 1-11-1972).
8. Subs. by Act 12 of 1955, s. 6, for “a Professor of dental surgery” (w.e.f. 1-11-1972).
9. Subs. by s. 5, ibid., for “the Medical Faculty”.
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Provided that on the first constitution of the Council and until the President is elected, a member of
the Council nominated by the Central Government in this behalf shall discharge the functions of the
President:
Provided further that for five years from the first constitution of the Council, the President shall, if the
Central Government so decides, be a person nominated by the Central Government, who shall hold office
during the pleasure of the Central Government, and where he is not already a member, shall be a member
of the Council in addition to the members referred to in section 3.
(2) An elected President or Vice-President shall hold office as such for a term not exceeding five
years and not extending beyond the expiry of his term as member of the Council, but subject to his being
a member of the Council, he shall be eligible for re-election.
**8. Staff remuneration and allowances.—(1) The Council shall—**
(a) appoint a Secretary who may also, if so decided by the Council, act as Treasurer;
(b) appoint such other officers and servants as the Council deems necessary to enable it to carry
out its functions under this Act;
(c) require and take from the Secretary or from any other officer or servant such security for the
due performance of his duties as the Council considers necessary; and
(d) with the previous sanction of the Central Government, fix the fees and allowances of the
President, Vice-President and other members of the Council, and the pay and allowances and other
conditions of service of officers and servants of the Council.
(2) Notwithstanding anything contained in clause (a) of sub-section (1), for the first four years from
the first constitution of the Council, the Secretary of the Council shall be a person appointed by the
Central Government, who shall hold office during the pleasure of the Central Government.
**9.The Executive Committee.—(1) The Council shall constitute from among its members an**
Executive Committee, and may so constitute other Committees for such general or special purposes as the
Council considers necessary for carrying out its functions under this Act.
(2) The Executive Committee shall consist of the President and Vice-President _ex officio_ [1][and the
Director-General of Health Services ex officio] and five other members elected by the Council.
(3) The President and Vice-President of the Council shall be Chairman and Vice-Chairman,
respectively, of the Executive Committee.
(4) A member of the Executive Committee shall hold office as such until the expiry of his term of
office as member of the Council but, subject to his being a member of the Council, he shall be eligible for
re-election.
(5) In addition to the powers and duties conferred and imposed on it by this Act, the Executive
Committee shall exercise and discharge such powers and duties as may be prescribed.
**2[10. Recognition of dental qualifications.—(1) The dental qualifications, granted by any authority**
or institution in India, which are included in Part I of the Schedule shall be recognised dental
qualifications for the purposes of this Act.
(2) Any authority or institution in India which grants a dental qualification not included in Part I of
the Schedule may apply to the Central Government to have such qualification recognised and included in
that Part, and the Central Government, after consulting the Council, and after such inquiry, if any, as it
may think fit for the purpose, may, by notification in the Official Gazette, amend Part I of the Schedule so
as to include such qualification therein, and any such notification may also direct that, an entry shall be
made in Part I of Schedule against such dental qualification declaring that it shall be a recognised dental
qualification only when granted after a specified date.
1. Ins. by Act 42 of 1972, s. 7 (w.e.f. 1-11-1972).
2. Subs. by s. 8, ibid., for section 10 (w.e.f. 1-11-1972).
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(3) (a) The dental qualifications, granted by any authority or institution outside India, which are
included in Part II of the Schedule shall be recognised dental qualifications only for the purposes of the
registration of citizens of India when the register is first prepared under this Act.
(b) Where any dental qualification granted by any authority or institution outside India, and held by a
citizen of India, is recognised for the purposes of the register when it is first prepared, after the
commencement of the Dentists (Amendment) Act, 1972 (42 of 1972), the Central Government may, after
consultation with the Council, by notification in the Official Gazette, amend Part II of the Schedule so as
to include therein the dental qualification so recognised.
(4) (a) The dental qualifications granted by any authority or institution outside India, which are
included in Part III of the Schedule, shall be recognised dental qualifications for the purposes of this Act,
but no person possessing any such qualification shall be entitled for registration unless he is a citizen of
India.
(b) Where any dental qualification granted by any authority or institution outside India, and held by a
citizen of India, is recognised, except on reciprocal basis, after the commencement of the Dentists
(Amendment) Act, 1972 (42 of 1972), the Central Government may, after consultation with the Council,
by notification in the Official Gazette, amend Part III of the Schedule so as to include therein the dental
qualification recognised.
(5) The Council may enter into negotiations with any authority or institution in any State or country
outside India which, by law of any such State or country, is entrusted with the maintenance of a register
of dentists, for the settling of a scheme of reciprocity for the recognition of dental qualifications and in
pursuance of any such scheme, the Central Government may, by notification in the Official Gazette,
declare that any such qualification granted by any authority or institution in any such State or country, or
such qualification, only when granted after a specified date, shall be a recognised dental qualification for
the purposes of this Act, and any such notification may provide for an amendment of the Schedule and
may also direct that any such dental qualification as is specified in the notification shall be entered in the
Schedule as so amended.
(6) The Central Government may, after consultation with the Council, by notification in the Official
Gazette, amend the Schedule by directing that an entry be made therein in respect of any dental
qualification declaring that it shall be a recognised dental qualification only when granted before a
specified date.]
**1[10A. Permission for establishment of new dental college, new courses of study, etc.—(1)**
Notwithstanding anything contained in this Act or any other law for the time being in force,—
(a) no person shall establish an authority or institution for a course of study or training (including
a post-graduate course of study or training) which would enable a student of such course or training to
qualify himself for the grant of recognised dental qualification; or
(b) no authority or institution conducting a course of study or training (including a post-graduate
course of study or training) for grant of recognised dental qualification shall—
(i) open a new or higher course of study or training (including a post-graduate course of study
or training) which would enable a student of such course or training to qualify himself for the
award of any recognised dental qualification; or
(ii) increase its admission capacity in any course of study or training (including a post
graduate course of study or training),
except with the previous permission of the Central Government obtained in accordance with the
provisions of this section.
_Explanation 1.—For the purposes of this section, “person” includes any University or a trust but does_
not include the Central Government.
1. Ins. by Act 30 of 1993, s. 2 (w.e.f. 27-8-1992).
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_Explanation 2.—For the purposes of this section, “admission capacity”, in relation to any course of_
study or training (including a post-graduate course of study or training) in an authority or institution
granting recognised dental qualification, means the maximum number of students that may be fixed by
the Council from time to time for being admitted to such course or training.
(2) (a) Every person, authority or institution granting recognised dental qualification shall, for the
purpose of obtaining permission under sub-section (1), submit, to the Central Government a scheme in
accordance with the provisions of clause (b) and the Central Government shall refer the said scheme to
the Council for its recommendations.
(b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be
preferred in such manner and be accompanied with such fee as may be prescribed.
(3) On receipt of a scheme by the Council under sub-section (2), the Council may obtain such other
particulars as may be considered necessary by it from the person, authority or institution concerned,
granting recognised dental qualification and thereafter, it may,—
(a) if the scheme is defective and does not contain any necessary particulars, give a reasonable
opportunity to the person, authority or institution concerned for making a written representation and it
shall be open to such person, authority or institution to rectify the defects, if any, specified by the
Council;
(b) consider the scheme, having regard to the factors referred to in sub-section (7), and submit the
scheme together with its recommendations thereon to the Central Government.
(4) The Central Government may, after considering the scheme and the recommendations of the
Council under sub-section (3) and after obtaining, where necessary, such other particulars as may be
considered necessary by it from the person, authority or institution concerned, and having regard to the
factors referred to in sub-section (7), either approve (with such conditions, if any, as it may consider
necessary) or disapprove the scheme and any such approval shall be a permission under sub-section (1):
Provided that no scheme shall be disapproved by the Central Government except after giving the
person, authority or institution concerned granting recognised dental qualification a reasonable
opportunity of being heard:
Provided further that nothing in this sub-section shall prevent any person, authority or institution
whose scheme has not been approved to submit a fresh scheme and the provisions of this section shall
apply to such scheme, as if such scheme has been submitted for the first time under sub-section (2).
(5) Where within a period of one year from the date of submission of the scheme to the Central
Government under sub-section (2), no order passed by the Central Government has been communicated
to the person, authority or institution submitting the scheme, such scheme shall be deemed to have been
approved by the Central Government in the form in which it has been submitted, and, accordingly, the
permission of the Central Government required under sub-section (1) shall also be deemed to have been
granted.
(6) In computing the time-limit specified in sub-section (5), the time taken by the person, authority or
institution concerned submitting the scheme in furnishing any particulars called for by the Council or by
the Central Government, shall be excluded.
(7) The Council, while making its recommendations under clause (b) of sub-section (3) and the
Central Government, while passing an order either approving or disapproving the scheme under
sub-section (4), shall have due regard to the following factors, namely:—
(a) whether the proposed authority or institution for grant of recognised dental qualification or the
existing authority or institution seeking to open a new or higher course of study or training, would be
in a position to offer the minimum standards of dental education in conformity with the requirements
referred to in section 16A and the regulations made under sub-section (1) of section 20;
(b) whether the person seeking to establish an authority or institution or the existing authority or
institution seeking to open a new or higher course of study or training or to increase its admission
capacity has adequate resources;
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(c) whether necessary facilities in respect of staff, equipment, accommodation, training and other
facilities to ensure; proper functioning of the authority or institution or conducting the new course of
study or training or accommodating the increased admission capacity have been provided or would be
provided within the time-limit specified in the scheme;
(d) whether adequate hospital facilities, having regard to the number of students likely to attend
such authority or institution or course of study or training or as a result of the increased admission
capacity have been provided or would be provided within the time-limit specified in the scheme;
(e) whether any arrangement has been made or programme drawn to impart proper training to
students likely to attend such authority or institution or course of study or training by persons having
the recognised dental qualifications;
(f) the requirement of manpower in the field of practice of dentistry; and
(g) any other factors as may be prescribed.
(8) Where the Central Government passes an order either approving or disapproving a scheme under
this section, a copy of the order shall be communicated to the person, authority or institution concerned.
**10B. Non-recognition of dental qualifications in certain cases.—(1) Where any authority or**
institution is established for grant of recognised dental qualification except with the previous permission
of the Central Government in accordance with the provisions of section 10A, no dental qualification
granted to any student of such authority or institution shall be a recognised dental qualification for the
purposes of this Act.
(2) Where any authority or institution granting recognised dental qualification opens a new or higher
course of study or training (including a post-graduate course of study or training) except with the previous
permission of the Central Government in accordance with the previous permission of the Central
Government in accordance with the provisions of section 10A, no dental qualification granted to any
student of such authority or institution on the basis of such study or training shall be a recognised dental
qualification for the purposes of this Act.
(3) Where any authority or institution granting recognised dental qualification increases its admission
capacity in any course of study or training (including a post-graduate course of study or training) except
with the previous permission of the Central Government in accordance with the provisions of section
10A, no dental qualification granted to any student of such authority or institution on the basis of the
increase in its admission capacity shall be a recognised dental qualification for the purposes of this Act.
_Explanation.—For the purposes of this section, the criteria for identifying a student who has been_
granted a dental qualification on the basis of such increase in the admission capacity shall be such as may
be prescribed.
**10C. Time for seeking permission for certain existing authorities.—(1) If, after the 1st day of**
June, 1992 and on and before the commencement of the Dentists (Amendment) Act, 1993 (30 of 1993)
any person has established an authority or institution for grant of recognised dental qualification or any
authority or institution granting recognised dental qualification has opened a new or higher course of
study or training (including a post-graduate course of study or training) or increased its admission
capacity, such person, authority or institution, as the case may be, shall seek, within a period of one year
from the commencement of the Dentists (Amendment) Act, 1993, the permission of the Central
Government in accordance with the provisions of section 10A.
(2) If any person or, as the case may be, any authority or institution granting recognised dental
qualification fails to seek the permission under sub-section (1), the provisions of section 10B shall apply,
so far as may be, as if permission of the Central Government under section 10A has been refused.]
1[10D. Uniform entrance examination for undergraduate and post-graduate level.—There shall
be conducted a uniform entrance examination to all dental educational institutions at the undergraduate
level and post-graduate level through such designated authority in Hindi, English and such other
languages and in such manner as may be prescribed and the designated authority shall ensure the conduct
of uniform entrance examination in the aforesaid manner:
1. Ins. by Act 40 of 2016, s. 2 (w.e.f. 24-5-2016).
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Provided that notwithstanding any judgment or order of any court, the provisions of this section shall
not apply, in relation to the uniform entrance examination at the undergraduate level for the academic
year 2016-17 conducted in accordance with any regulations made under this Act, in respect of the State
Government seats (Whether in Government Dental College or in a Private Dental College) where such
State has not opted for such examination.]
**11. Qualifications of dental hygienists.—Any authority in a** [1][State] [2]*** which grants a
qualification for dental hygienists may apply to the Council to have such qualification recognised, and the
Council may, after such inquiry, if any, as it thinks fit, and after consulting the Government and the
3[State] Council of the 1[State] in which the authority making the application is situated, declare that such
qualification, or such qualification only when granted after a specified date, shall be a recognised dental
hygiene qualification for the purposes of this Act.
**12. Qualifications of dental mechanics.—The Council may prescribe the period and nature of an**
apprenticeship or training which shall be undergone and the other conditions which shall be satisfied by a
person before he is entitled to be registered under this Act as a dental mechanic.
**13. Effect of recognition.—Notwithstanding anything contained in any other law, but subject to the**
provisions of this Act,—
(a) any recognised dental or dental hygiene qualification shall be a sufficient qualification for
enrolment in the appropriate register of any [1][State];
(b) no person shall, after the first registers are compiled under this Act, be entitled to be enrolled
in any register as a dentist or dental hygienist unless he holds a recognised dental or dental hygiene
qualification or as a dental mechanic unless he has undergone training which satisfies the prescribed
requirements referred to in section 12.
**14. Power to require information as to courses of study and training and examinations.—Every**
authority in a [1][State] [2]*** which grants any recognised dental or dental hygiene qualification shall
furnish such information as the Council may from time to time require as to the courses of study and
training and examinations to be undergone in order to obtain such qualification, as to the ages at which
such courses of study and examinations are required to be undergone, and generally as to the requisites
for obtaining such qualification.
**15. Inspection.—(1) The Executive Committee** [4][may, subject to regulations, if any, made by the
Council appoint] such number of Inspectors as it deems necessary to attend at any examinations held by
authorities in the [5][States] [2]*** which grant recognised dental or dental hygiene qualifications and to
inspect any institution recognised as a training institution.
(2) Inspectors appointed under this section shall not interfere with the course of any examination but
they shall report to the Executive Committee on the sufficiency of every examination at which they attend
and of the courses of study and training at every institution which they inspect, and on any other matters
with regard to which the Executive Committee may require them to report.
(3) The Executive Committee shall forward a copy of such report to the authority or institution
concerned and shall also forward copies with remarks, if any, of the authority or institution concerned
thereon to the Central Government and to the Government of the State in which the authority or
institution is situated.
6[15A. Appointment of Visitors.—(1) The Council may appoint such number of Visitors as it may
deem necessary to attend at any examination held by any authority or institution in a State which grants
recognised dental qualifications and to inspect any institution training students for recognised dental
qualifications.
1. Subs. by the A.O. 1950, for “Province”.
2. The words “of India” omitted, ibid.
3. Subs. ibid., for “Provincial”.
4. Subs. by Act 12 of 1955, s. 6, for “may appoint”.
5. Subs. by the A.O. 1950, for “Provinces”.
6. Ins. by Act 42 of 1972, s. 9 (w.e.f. 1-11-1973).
10
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(2) Any person, whether he is a member of the Council or not, may be appointed as a Visitor under
this section, but a person who is appointed as an Inspector under section 15 for any inspection or
examination shall not be appointed as a Visitor for the same inspection or examination.
(3) The Visitor shall not interfere with the course of any examination but shall report to the President
of the Council on the sufficiency of every examination at which he attends and of the courses of study and
training at every institution which he inspects, and on the adequacy of the standards of dental education
including staff, equipment, accommodation and other facilities prescribed for giving dental education, and
on any other matters with regard to which the Council may require him to report.
(4) The report of a Visitor shall be treated as confidential unless in any particular case the President of
the Council otherwise directs:
Provided that if the Central Government requires a copy of the report of a Visitor, the Council shall
furnish the same.
**16. Withdrawal of recognition.—(1) When upon report by the Executive Committee it appears to**
the Council—
(a) that the courses of study and training or the examinations to be undergone in order to obtain a
recognised [1]*** dental hygiene qualification from any authority in a [2][State] [3]*** or the conditions
for admission to such courses or the standards of proficiency required from the candidates at such
examinations are not in conformity with regulations made under this Act or fall short of the standards
required thereby, or
(b) that an institution does not satisfy the requirements of the Council,
the Council may send to the Government of the [4][States] in which the authority or institution is situated a
statement to such, effect, and the [5][State] Government shall forward it, along with such remarks as it may
think fit, to the authority or institution concerned with an intimation of the period within which the
authority or institution may submit its explanation to the [5][State] Government.
(2) On receipt of the explanation, or where no explanation is submitted within the period fixed, then
on the expiry of the period, the [5][State] Government shall after consulting the [5][State] Council, forward its
recommendations and those of the [5][State] Council, if any, to the Council.
(3) The Council, after considering the recommendations of the [5][State] Government and the State
Council and after such further inquiry, if any, as it may think fit to make, may declare that the
qualification granted by the authority or institution shall be a recognised [1]*** dental hygiene qualification
only when granted before a specified date.
(4) The Council may declare that any recognised [1]*** dental hygiene qualification granted outside the
4[States] 3*** shall be recognised as such only if granted before a specified date.
6[16A.Withdrawal of recognition of recognised dental qualification.—(1) When, upon report by
the Executive Committee or the Visitor, it appears to the Council—
(a) that the courses of study and training or the examination to be undergone in order to obtain a
recognised dental qualification from any authority or institution in a State, or the conditions for
admission to such courses or the standards of proficiency required from the candidates as such
examinations are not in conformity with the regulations made under this Act or fall short of the
standards required thereby, or
(b) that an institution does not, in the matter of staff, equipment, accommodation, training and
other facilities, satisfy the requirements of the Council,
the Council shall send a statement to that effect to the Central Government.
(2) After considering such a statement, the Central Government may send it to the Government of the
State in which the authority exercises power or the institution is situated, and the State Government shall
forward it, along with such remarks as it may think fit to make, to the authority or institution concerned,
1. The words “dental or” omitted by Act 42 of 1972, s. 10 (w.e.f. 1-11-1972).
2. Subs. by the A.O. 1950, for “Province”.
3. The words “of India” omitted, ibid.
4. Subs., ibid, for “Provinces”.
5. Subs., ibid, for “Provincial”.
6. Ins. by Act 42 of 1972, s. 11 (w.e.f. 1-11-1972).
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with an intimation of the period within which the authority or institution may submit its explanation to the
State Government.
(3) After considering the explanation, or where no explanation is submitted within the period fixed,
then, on the expiry of that period, the State Government shall make its recommendations to the Central
Government.
(4) The Central Government may, after considering the recommendations of the State Government
and after making such further inquiry, if any, as it may think fit, by notification in the Official Gazette,
direct that an entry shall be made in Part I of the Schedule against the qualification granted by the
authority or institution declaring that it shall be a recognised dental qualification only when granted
before a specified date or that the said recognised dental qualification if granted to students of a specified
college or institution affiliated to any University shall be a recognised dental qualification only when
granted before a specified date or, as the case may be, that the said recognised dental qualification shall be
a recognised dental qualification in relation to a specified college or institution affiliated to any University
only when granted after a specified date.]
**17. Mode of declarations.—All declarations under [1]*** section 11 or section 16 shall be made by a**
resolution passed at a meeting of the Council and shall forthwith be published in the Official Gazette.
2[17A. Professional conduct.—(1) The Council may prescribe standards of professional conduct and
etiquette or the code of ethics for dentists.
(2) Regulations made by the Council under sub-section (1) may specify which violations thereof shall
constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such
provision shall have effect notwithstanding anything to the contrary contained in any other law for the
time being in force.]
**18. The Indian Register.—(1) The Council shall maintain a register of dentists to be known as the**
Indian Dentists Register and consisting of the entries in all the [3][State] registers of dentists.
(2) Each [3][State] Council shall supply to the Council twenty printed copies of the [3][State] register as
soon as may be after the 1st day of April of each year, and each Registrar shall inform the Council
without delay of all additions to and other amendments in the [3][State] register.
**19. Information to be furnished.—(1) The Council shall furnish copies of its minutes and of the**
minutes of the Executive Committee and an annual report of its activities together with an abstract of its
accounts to the Central Government.
(2) The Central Government may publish in such manner as it thinks fit any report, copy or abstract
furnished to it under this section.
**20. Power to make regulations.—(1) The Council may, with the approval of the Central**
Government, [4][by notification in the Official Gazette,] make regulations not inconsistent with the
provisions of this Act to carry out the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power such regulations
may—
(a) provide for the management of the property of the Council [5]***;
(b) prescribe the manner in which elections under this Chapter shall be conducted;
(c) provide for the summoning and holding of meetings of the Council and the Executive
Committee, the times and places at which such meetings shall be held, the conduct of business thereat
and the number of members necessary to constitute a quorum;
(d) prescribe the functions of the Executive Committee;
(e) prescribe the powers and duties of the President and Vice-President;
(f) prescribe the tenure of office and the powers and duties of the Secretary [6][and other officers
and servants of the Council and Inspectors and Visitors appointed by the Council];
1. The word and figures “section 10” omitted by Act 42 of 1972, s. 12 (w.e.f. 1-11-1972).
2. Ins. by s. 13, ibid. (w.e.f. 1-11-1972).
3. Subs. by the A.O. 1950, for “Provincial”.
4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
5. The words “and the maintenance and audit of its accounts” omitted by Act 42 of 1972, s. 14 (w.e.f. 1-11-1972).
6. Subs. by Act 42 of 1972, s. 14, for “Inspectors and other officers and servants of the Council” (w.e.f. 1-11-1972).
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1[(fa) prescribe the form of the scheme, the particulars to be given in such scheme, the manner in
which the scheme is to be preferred and the fee payable with the scheme under clause (b) of
sub-section (2) of section 10A;
(fb) prescribe any other factors under clause (g) of sub-section (7) of section 10A;
(fc) prescribe the criteria for identifying a student who has been granted a dental qualification
referred to in the Explanation to sub-section (3) of section 10B;]
(g) prescribe the standard curricula for the training of dentists and dental hygienists, and the
conditions for admission to courses of such training;
(h) prescribe the standards of examinations and other requirements to be satisfied to secure for
qualifications recognition under this Act;
2[(ha) the designated authority, other languages and the manner of conducting of uniform
entrance examination to all dental educational institutions at the undergraduate level and postgraduate level;]
(i) any other matter which is to be or may be prescribed under this Act:
Provided that regulations under clauses (g) and (h) shall be made after consultation with [3][State]
Governments.
(3) To enable the Council to be first constituted, the Central Government may make regulations for
the conduct of the elections to the Council, and any regulation so made may be altered or rescinded by the
Council in exercise of its powers under this section.
4[(4) Every regulation made under this section shall be laid, as soon as may be after it is made before
each House of Parliament, while it is in session for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the regulation or both Houses agree that the regulation should not be made, the regulation
shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything previously
done under that regulation.]
CHAPTER III
2[STATE] DENTAL COUNCILS
**21. Constitution and Composition of State Councils.—Except where a Joint** [2][State] Council is
constituted in accordance with an agreement made under section 22, the [2][State] Government shall
constitute a [2][State] Council consisting of the following members, namely:—
(a) four members elected from among themselves by dentists registered in Part A of the [2][State]
register;
5* - - -
6[(c) the heads of dental colleges, if any, in the State which train students for any of the
recognised dental qualifications included in Part I of the Schedule, ex officio;]
(d) one member elected from amongst themselves by the members of the Medical Council or the
Council of Medical Registration of the [7][State], as the case may be; [8]***
(e) three members nominated by the [7][State] Government; [9][and]
[8][(f) the Chief Medical Officer of the State, by whatever name called, ex officio:]
1. Ins. by Act 30 of 1993, s. 3 (w.e.f. 27-8-1992).
2. Ins. by Act 40 of 2016, s. 3 (w.e.f. 24-5-2016).
3. Subs. by the A.O. 1950, for “Provincial”.
4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
5. Clause (b) omitted by Act 13 of 2019, s. 3 (w.e.f. 30-7-2019).
6. Subs. by Act 12 of 1955, s. 7, for clause (c).
7. Subs. by the A.O. 1950, for “Province”.
8. The word “and” omitted by Act 42 of 1972, s. 15 (w.e.f. 1-11-1972).
9. Ins. by s. 15, ibid. (w.e.f. 1-11-1972).
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1[Provided that in the State of Saurashtra 2[as it existed before the 1st November, 1956], the State
Dental Council constituted under Saurashtra Ordinance XXV of 1948, as amended by Saurashtra
Ordinance XL of 1949, shall be deemed to the State Council constituted under this Act.]
**22. Inter-State agreements.—(1) Two or more [3][State] Governments may enter into an agreement to**
be in force for such period and to be subject to renewal for such further periods, if any, as may be
specified in the agreement, to provide—
(a) for the constitution of a Joint [3][State] Council for all the participating [4][States], or
(b) for the [3][State] Council of one [5][State] to serve the needs of the other participating [4][States].
(2) In addition to such matters as are in this Act specified, an agreement under this section may—
(a) provide for the apportionment between the participating [4][States] of the expenditure in
connection with the [3][State] Council or Joint [3][State] Council;
(b) determine which of the participating [3][State] Governments shall exercise the several functions
of the [3][State] Government under this Act, and the references in this Act to the [3][State] Government
shall be construed accordingly;
(c) provide for consultation between the participating [3][State] Governments either generally or
with reference to particular matters arising under this Act;
(d) make such incidental and ancillary provisions, not inconsistent with this Act, as may be
deemed necessary or expedient for giving effect to the agreement.
(3) An agreement under this section shall be published in the Official Gazettes of the participating
4[States].
**23. Composition of Joint State Councils.—A Joint** [3][State] Council shall consist of the following
members, namely:—
(a) two members elected from among themselves by dentists registered in Part A of the register of
each of the participating [4][States];
6* - - -
7[(c) the heads of dental colleges, if any, in all the participating States which train students for any
of the recognised dental qualifications included in Part I of the Schedule, ex officio;]
(d) one member elected by the Medical Council or the Council of Medical Registration, of each
participating [5][State], as the case may be;
(e) two members nominated by each participating [3][State] Government;
8[(f) the Chief Medical Officer of each participating State, by whatever name called, ex officio.]
**24. Incorporation of State Councils.—Every** [3][State] Council shall be a body corporate by such
name as may be notified by the [3][State] Government in the Official Gazette or, in the case of a Joint
3[State] Council, as may be determined in the agreement, having perpetual succession and a common seal
with power to acquire and hold property, both movable and immovable, and shall by the said name sue
and be sued.
**25. President and Vice-President of State Council.—(1) The President and Vice-President of the**
3[State] Council shall be elected by the members from among themselves:
1. Added by Act 12 of 1955, s. 7.
2. Ins. by the Adaptation of Laws (No. 3) Order, 1956.
3. Subs. by the A. O. 1950, for “Provincial”.
4. Subs., ibid., for “Provinces”.
5. Subs., ibid., for “Province”.
6. Clause (b) omitted by Act 13 of 2019, s. 4 (w.e.f. 30-7-2019).
7. Subs. by Act 12 of 1955, s. 8, for clause (c).
8. Ins. by Act 42 of 1972, s. 16 (w.e.f. 1-11-1972).
14
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Provided that for five years from the first constitution of the [1][State] Council, the President shall, if
the [1][State] Government so decides, be a person nominated by the [1][State] Government who shall hold
office during the pleasure of the [1][State] Government, and where he is not already a member, shall be a
member of the [1][State] Council in addition to the members referred to in section 21 or 23, as the case may
be.
(2) The President or Vice-President shall hold office as such for a term not exceeding five years and
not extending beyond the expiry of his term as a member of the [1][State] Council, but subject to his being a
member of the [1][State] Council, he shall be eligible for re-election.
**26. Mode of elections.—Elections under this Chapter shall be conducted in the prescribed manner,**
and where any dispute arises regarding any such election, it shall be referred to the [1][State] Government
whose decision shall be final.
**27. Term of office and casual vacancies.—(1) Subject to the provisions of this section, an elected or**
nominated member shall hold office for a term of five years from the date of his election or nomination or
until his successor has been duly elected or nominated whichever is longer:
2[Provided that a member nominated under clause (e) of section 21 or clause (e) of section 23, shall
hold office during the pleasure of the authority nominating him.]
(2) An elected or nominated member may at any time resign his membership by writing under his
hand addressed to the President, and the seat of such member shall thereupon become vacant.
(3) An elected or nominated member shall be deemed to have vacated his seat—
(a) if he is absent without excuse, sufficient in the opinion of the [1][State] Council, from three
consecutive ordinary meetings of the [1][State] Council, or
(b) in the case of a member whose name is required to be included in any [1][State] register, if his
name is removed from the register, or
(c) where he has been elected under clause (d) of section 21 or under clause (d) of section 23, if
he ceases to be a member of the Medical Council or the Council of Medical Registration of the
1[State] as the case may be.
(4) A casual vacancy in the [1][State] Council shall be filled by fresh election or nomination, as the case
may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of
the term for which the member whose place he takes was elected or nominated.
(5) Members of the [1][State] Council shall be eligible for re-election or re-nomination.
(6) No act done by the [1][State] Council shall be called in question on the ground merely of the
existence of any vacancy in, or defect in the constitution of, the [1][State] Council.
**28. Staff, remuneration and allowances.—(1) The [1][State] Council may, with the previous sanction**
of the [1][State] Government,—
(a) appoint a Registrar who shall also act as Secretary and if so decided by the [1][State] Council
also as its Treasurer;
(b) appoint such other officers and servants as may be required to enable the [1][State] Council to
carry out its functions under this Act;
(c) require and take from the Registrar or from any other officer or servant such security for the
due performance of his duties as the [1][State] Council considers necessary;
(d) fix the salaries and allowances and other conditions of service of the Registrar and other
officers and servants of the [1][State] Council;
(e) fix the rate of allowances payable to members of the [1][State] Council.
1. Subs. by the A. O. 1950, for “Provincial”.
2. Added by Act 42 of 1972, s. 17 (w.e.f. 1-11-1972).
15
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(2) Notwithstanding anything contained in clause (a) of sub-section (1), for the first four years from
the first constitution of the [1][State] Council, the Registrar of the [1][State] Council shall be a person
appointed by the [1][State] Government who shall hold office during the pleasure of the [1][State]
Government.
**29. Executive Committee.—(1) The** [1][State] Council shall constitute from among its members an
Executive Committee consisting of the President and Vice-President _ex officio_ [2][and the Chief Medical
Officer of the State or the States concerned, by whatever name called, _ex officio] and such number of_
other members elected by the [1][State] Council as may be prescribed.
(2) The President and Vice-President of the [1][State] Council shall be Chairman and Vice-Chairman,
respectively, of the Executive Committee.
(3) A member of the Executive Committee shall bold office as such until the expiry of his term of
office as member of the [1][State] Council, but subject to his being a member of the [1][State] Council, he
shall be eligible for re-election.
(4) The Executive Committee shall exercise and discharge such powers and duties as may be
prescribed.
**30. Information to be furnished.—(1) The** [1][State] Council shall furnish such reports, copies of its
minutes and of the minutes of the Executive Committee, and abstracts of its accounts to the [1][State]
Government as the [1][State] Government may from time to time require and shall forward copies of all
material so furnished to the [1][State] Government to the Council.
(2) The [1][State] Government may published in such manner as it thinks fit any report copy or abstract
furnished to it under this section.
CHAPTER IV
REGISTRATION
**31. Preparation and maintenance of register.—(1) The** [1][State] Government shall as soon as may
be cause to be prepared in the manner hereinafter provided a register of dentists for the [3][State].
(2) The [1][State] Council shall upon its constitution assume the duty of maintaining the register in
accordance with the provisions of this Act.
(3) The register of dentists shall be maintained in two Parts, A and B, persons possessing recognised
dental qualifications being registered in Part A and persons not possessing such qualifications being
registered in Part B.
(4) The register shall include the following particulars, namely:—
(a) the full name, nationality and residential address of the registered person;
(b) the date of this first admission to the register;
(c) his qualification for registration, and the date on which he obtained his degree or diploma in
dentistry, if any, and the authority which conferred it;
(d) his professional address; and
(e) such further particulars as may be prescribed.
1. Subs. by the A.O. 1950, for “Provincial”.
2. Ins. by Act 42 of 1972, s. 18 (w.e.f. 1-11-1972).
3. Subs. by the A.O. 1950, for “Province”.
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**32. First preparation of register.—(1) For the purpose of first preparing the register of dentists, the** [1][State]
Government shall, by notification in the Official Gazette, constitute a Registration Tribunal consisting of three
persons and shall also appoint a Registrar who shall act as Secretary of the Tribunal.
(2) The [1][State] Government shall, by the same or a like notification, appoint a date on or before which
application for registration, which shall be accompanied by the prescribed fee, shall be made to the Registration
Tribunal.
(3) The Registration Tribunal shall examine every application received on or before the appointed date, and if it
is satisfied that the applicant is qualified for registration under section 33, shall direct the entry of the name of the
applicant on the register.
(4) The register so prepared shall thereafter be published in such manner as the [1][State] Government may direct,
and any person aggrieved by a decision of the Registration Tribunal expressed or implied in the register as so
published may, within thirty days from the date of such publication, appeal to an authority appointed by the [1][State]
Government in this behalf by notification in the Official Gazette.
(5) The Registrar shall amend the register in accordance with the decisions of the authority appointed under
sub-section (4) and shall thereupon issue to every person whose name is entered on the register a certificate of
registration in the prescribed form.
(6) Upon the constitution of the [1][State] Council, the register shall be given into its custody, and the [1][State]
Government may direct that all or any specified part of the application fees for registration in the first register shall
be paid to the credit of the [1][State] Council.
**33. Qualifications for entry on first preparation of register.—(1) A person shall be entitled on payment of**
the prescribed fee to have his name entered on the register when it is first prepared, if he resides or carries on the
profession of dentistry in the [1][State] and if he—
(a) holds a recognised dental qualification, or
(b) does not hold such a qualification but, being a [2][citizen of India], has been engaged in practice as a
dentist as his principal means of livelihood for a period of not less than five years prior to [3][the date appointed
under sub-section (2) of section 32]:
Provided that no person other than a [3][citizen of India] shall be entitled to registration by virtue of a
qualification—
(a) specified in Part I of the Schedule unless by the law and practice of the State or country to which such
person belongs persons of Indian origin holding dental qualifications registrable in that State or country are
permitted to enter and practise the profession of dentistry in such State or country, or
4[(b) recognised, in pursuance of a scheme of reciprocity, under sub-section (5) of section 10:]
Provided further that a person shall be entitled to registration by virtue of a qualification specified in [5][Part II]
of the Schedule only if he is a [3][citizen of India]:
6[Provided further that for the purpose of the first preparation of the register of dentists under this Act, a person
shall be entitled to have his name entered in the appropriate part of the register without payment of any registration
fee.—
(a) in the State of Saurashtra [7][as it existed before the 1st November, 1956], if he is registered on the
register of dental practitioners maintained under Saurashtra Ordinance No. 25 of 1948, as amended by
Saurashtra Ordnance No. 40 of 1949; or
(b) in the State of Travancore-Cochin [7][as it existed before the 1st November, 1956], if he is registered on
the register of dental practitioners maintained under the Travancore Medical Practitioners Act, 1119; [8][or]
9* - - - -
(2) A person domiciled in a [1][State] [10]*** shall be entitled on payment of the prescribed fee to temporary
registration as a dentist for a period of five years, if he has been engaged in practice as a dentist as his principal
1. Subs. by the A.O. 1950, for “Provincial”.
2. Subs. by the A.O. 1950, for “British subject of Indian domicile”.
3. Subs. by Act 12 of 1955, s. 9, for “the commencement of this Act”.
4. Subs. by Act 42 of 1972, s. 19, for clause (b) (w.e.f. 1-11-1972).
5. Subs. by s. 19, ibid., for Part III (w.e.f. 1-11-1972).
6. Subs. by Act 12 of 1955, s. 9, for the last proviso.
7. Ins. by the Adaptation of Laws (No. 3) Order, 1956.
8. Ins. by Act 42 of 1972, s. 19 (w.e.f. 1-11-1972).
9. Clause (c) omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E)
dated (18-3-2020) and _vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O._
3774(E), dated (23-10-2020).
10. The words “or India” omitted, ibid.
17
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means of livelihood for a period of not less than two years during the five years prior to [1][the date
appointed under sub-section (2) of section 32], and a person so registered shall be entitled to permanent
registration if [2][for a period of five years from the date of his temporary registration he has been engaged
in practice as a dentist].
**34. Qualification for subsequent registration.—[3][(1)] After the date appointed under**
sub-section (2) of section 32 a person shall, on payment of the prescribed fee, be entitled to have his name
entered on the register of dentists, if he resides or carries on the profession of dentistry in the [3][State] and
if he—
(i) holds a recognised dental qualification, or
(ii) does not hold such a qualification but, being a [4][citizen of India], has been engaged in practice
as a dentist as his principal means of livelihood for a period of not less than [5][two years before the
date appointed under sub-section (2) of section 32] and has passed, within a period of [6][ten years after
the said date], an examination recognised for this purpose by the [7][Central Government]:
Provided that no person other than a [8][citizen of India] shall be entitled to registration by virtue of a
qualification—
(a) specified in Part I of the Schedule unless by the law and practice of the State or country to
which such person belongs persons of Indian origin holding dental qualifications registrable in that
State or country are permitted to enter and practice the profession of dentistry in such State or
country, or
8[(b) recognised, in pursuance of a scheme of reciprocity, under sub-section (5) of section 10:]
Provided further that a person registered in Part B of the register shall be entitled to be registered in
Part A thereof, if within a period of [9][ten years after the date of his registration in Part B] he passes an
examination recognised for the purpose by the [11][Central Government].
10[(2) Notwithstanding anything contained in sub-section (1),—
(a) a [11][State Council] may during the period of two years immediately after the commencement
of the Dentists (Amendment) Act, [12][1955 (12 of 1955)], permit for sufficient reasons the registration
in the State register of any displaced person who does not hold a recognised dental qualification but
has been actually practising the profession of dentistry as his principal means of livelihood from a
date prior to the 29th day of March, 1948;
_Explanation.—In this clause “displaced person” means any person who, on account of the setting_
up of the Dominions of India and Pakistan or on account of civil disturbances or fear of such
disturbances in any area now forming part of Pakistan has, after the 1st day of March, 1947, left or
been displaced from, his place of residence in such area and who has since then been residing in
India;
1. Subs. by Act 12 of 1955, s. 9, for “the date of the commencement of this Act”.
2. Subs. by s. 9, ibid., for certain words.
3. Section 34 renumbered as sub-section (1) thereof by Act 12 of 1955, s. 10.
4. Subs. by the A.O. 1950, for “British subject of Indian domicile.”
5. Subs. by Act 12 of 1955, s. 10, for “two years before the commencement of this Act”.
6. Subs. by s. 10, ibid., for “five years after the commencement of this Act”.
7. Subs. by Act 42 of 1972, s. 20, for “Council” (w.e.f. 1-11-1972).
8. Subs. by s. 20, ibid., for clause (b) (w.e.f. 1-11-1972).
9. Subs. by Act 12 of 1955, s. 10, for “five years”.
10. Ins. by s. 10, ibid.
11. Subs. by Act 42 of 1972, s. 20, for “State Dental Council” (w.e.f. 1-11-1972).
12. Subs. by Act 36 of 1957, s. 3 and the Second Schedule, for “1954”.
_*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu_
and Kashmir and the Union territory of Ladakh.
18
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1[(aa) the State Council may, during the period of two years immediately after the
commencement of the Dentists (Amendment) Act, 1972 (42 of 1972), permit, for sufficient reasons,
the registration in the State register of any displaced person or a repatriate who does not hold any
recognised dental qualification but has been actually practising the profession of dentistry as his
principal means of livelihood from a date prior to the 29th day of March, 1948.
_Explanation.—In this clause,—_
(i) “displaced person” means any person who, on account of civil disturbances or fear of such
disturbances in any area now forming part of Bangla Desh, has, after the 14th day of April, 1957
but before the 25th day of March, 1971, left. or has been displaced from, his place of residence in
such area and who has since then been residing in India ;]
(ii) “repatriate” means any person who, on account of civil disturbances or fear of such
disturbances in any area now forming part of Burma or Ceylon, has. after the 14th day of April,
1957, left or has been displaced from, his place of residence in such area and who has since then
been residing in India;]
(b) a person other than a citizen of India holding a reputable dental qualification and
employed for teaching or research in a dental institution situated in any of the States may be
permitted [2]*** temporary registration in the State register of dentists for the period of his
employment or for a period of five years, whichever is shorter:
Provided that he does not practise the profession of dentistry for personal gain and his
application for registration is approved by the President of the Council.]
**35. Scrutiny of applications for registration.—(1) After the date appointed for the receipt of**
applications for registration in the first register of dentists, all applications for registration shall be
addressed to the Registrar of the [3][State] Council and shall be accompanied by the prescribed fee.
(2) If upon such application the Registrar is of opinion that the applicant is entitled to have his name
entered on the register, he shall enter thereon the name of the applicant:
Provided that no person, whose name has under the provisions of this Act been removed from the
register of any [4][State], shall be entitled to have his name entered on the register except with the approval
of the [3][State] Council from whose register his name was removed.
(3) Any person whose application for registration is rejected by the Registrar may, within three
months from the date of such rejection, appeal to the [3][State] Council, and the decision of the [3][State]
Council thereon shall be final.
(4) Upon entry in the register of a name under this section, the Registrar shall issue a certificate of
registration in the prescribed form .
**5[35A. Special provision for amending the register of dentists.—Notwithstanding anything**
contained in this Chapter, the Registrar may, by order in writing, amend the register by deleting therefrom
the name of any person who by reason of the formation of the State of Andhra, has ceased to reside or
carry on the business or profession of dentistry in the State of Madras:
Provided that the Registrar shall, before passing an order, make such inquiry as he deems necessary.
(2) Any person aggrieved by an order under sub-section (1) may appeal to such authority and within
such time, as may be specified in this behalf by the State Government of Madras; and such authority shall
pass such order on the appeal as it thinks fit.
1. Ins. by Act 42 of 1972, s. 20 (w.e.f. 1-11-1972).
2. The words “irrespective of any considerations of reciprocity” omitted by s. 20, ibid. (w.e.f. 1-11-1972).
3. Subs. by the A.O. 1950, for “Provincial”.
4. Subs., ibid., for “Province”.
5. Ins. by the Madras Adaptation of Laws Order, 1954.
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(3) An order of the Registrar under sub-section (1), or where an appeal has been preferred against it
under sub-section (2), the order of the appellate authority shall be final.
(4) The provision of this section shall cease to be in force from such date as the State Government of
Madras may by notification in the Official Gazette appoint.]
**36. Registers of dental hygienists and dental mechanics.—(1) The** [1][State] Government may, by
notification in the Official Gazette direct that the [1][State] Council shall maintain a register of dental
hygienists or a register of dental mechanics.
(2) The provisions of section 35 shall, so far as they may be made applicable, apply in respect of
applications for registration in a register referred to in this section.
**37. Qualification for registration as a dental hygienist.—A person shall be entitled on payment of**
the prescribed fee to have his name registered on the register of dental hygienists, if he resides in the
2[State] and holds a recognised dental hygiene qualification:
Provided that for the purposes of the first register of dental hygienists, a person shall be entitled to be
registered, if he has been engaged as a dental hygienist as his principal means of livelihood for a period of
not less than two years prior to the date of notification under sub-section (1) of section 36.
**38. Qualification for registration as a dental mechanic.—A person shall be entitled on payment of**
the prescribed fee to have his name entered in the register of dental mechanics, if he satisfies the
prescribed requirements referred to in section 12:
Provided that for the purposes of the preparation of the first register of dental mechanics a person
shall be entitled to be registered, if he has been engaged as a dental mechanic as his principal means of
livelihood for a period of not less than two years prior to the date of notification under sub-section (1) of
section 36.
**39. Renewal fees.—(1) The** [1][State] Government may, by notification in the Official Gazette, direct
that for the retention of a name in a register after the 31st day of December of the year following the year
in which the name is first entered in the register, there shall be paid annually to the [1][State] Council such
renewal fee as may be prescribed in respect of each register, and where such direction has been made,
such renewal fee shall be due to be paid before the 1st day of April of the year to which it relates.
(2) Where a renewal fee is not paid before the due date, the Registrar shall remove the name of the
defaulter from the register:
Provided that a name so removed may be restored to the register on payment in such manner as may
be prescribed.
3[(3) On payment of the renewal fee, the Registrar shall issue a certificate of renewal and such
certificate shall be proof of renewal of registration.]
**40. Entry of additional qualifications.—A registered dentist shall on payment of the prescribed fee**
be entitled to have entered in the register any further recognised [4][dental] qualification which he may
obtain.
1. Subs. by the A.O. 1950, for “Provincial”.
2. Subs., ibid., for “Province”.
3. Subs. by Act 42 of 1972, s. 21, for sub-section (3) (w.e.f. 1-11-1972).
4. Ins. by Act 12 of 1955, s. 11.
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**41. Removal from register.—(1) Subject to the provisions of this section, the** [1][State] Council may
order that the name of any person shall be removed from any register where it is satisfied, after giving that
person a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to
make,—
(i) that his name has been entered in the register by error or on account of misrepresentation or
suppression of a material fact, or
(ii) that he has been convicted of any offence or has been guilty of any infamous conduct in any
professional respect [2][or has violated the standards of professional conduct and etiquette or the code
of ethics prescribed under section 17A], which in the opinion of the [1][State] Council renders him unfit
to be kept in the register, [3][or]
3[(iii) that he having been permitted temporary registration under clause (b) of sub-section (2) of
section 34 has, on such registration, been found to practise the profession of dentistry for personal
gain.]
(2) An order under sub-section (1) may direct that any person whose name is ordered to be removed
from a register shall be ineligible for registration in the [1][State] under this Act either permanently or for
such period of years as may be specified.
(3) An order under sub-section (1) shall not take effect until the expiry of three months from the date
thereof.
(4) A person aggrieved by an order under sub-section (1) may, within thirty days from the date
thereof, appeal to the [1][State] Government, and the order of the [1][State] Government upon such appeal
shall be final.
(5) A person whose name has been removed from the register under this section or under
sub-section (2) of section 39 shall forthwith surrender his certificate of registration [2][and certificate of
renewal, if any,] to the Registrar, and the name so removed shall be published in the Official Gazette.
3[(6) A person whose name has been removed from the State register of dentists under this section or
under sub-section (2) of section 39 shall not be entitled to have his name registered in the register of
dentists in any other State register of dentists except with the approval of the State Council from whose
register his name has been removed.]
**42. Restoration to register.—The** [1][State] Council may at any time, for reasons appearing to it
sufficient and subject to the approval of the [1][State] Government, order that upon payment of the
prescribed fee the name of a person removed from a register shall be restored thereto.
**43. Bar of jurisdiction.—No order refusing to enter a name in a register or removing a name from a**
register shall be called in question in any Court.
**44. Issue of duplicate certificates.—Where it is shown to the satisfaction of the Registrar that a**
certificate of registration [4][or a certificate of renewal] has been lost or destroyed, the Registrar may, on
payment of the prescribed fee, issue a duplicate certificate in the prescribed form.
**45. Printing of registers.—As soon as may be after the 1st day of April in each year, the Registrar**
shall cause to be printed copies of the registers as they stood on the said date and such copies shall be
made available to persons applying therefor on payment of the prescribed charge, and shall be evidence
that on the said date the persons whose names are entered therein were registered dentists, registered
dental hygienists or registered dental mechanics, as the case may be.
**46. Effect of registration.—(1) Any reference in any other law to a person recognised by law as a**
dentist shall be deemed to be a reference to a dentist registered under this Act.
1. Subs. by the A.O. 1950, for “Provincial”.
2. Ins. by Act 42 of 1972, s. 22 (w.e.f. 1-11-1972).
3. Ins. by Act 12 of 1955, s. 12.
4. Ins. by Act 42 of 1972, s. 23 (w.e.f. 1-11-1972).
21
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(2) No certificate required by or under any other law from a dentist shall be valid unless the person
signing it is registered as a dentist under this Act.
(3) After the expiry of [1][three years] from [2][the date appointed under sub-section (2) of section 32], a
person who is not registered in Part A of the [3][State] register of dentists shall not, except with the sanction
of [4][the Central Government or the State Government] hold any appointment as dentist in any dispensary,
hospital or other institution [5]*** which is supported wholly or partially from public or local funds:
Provided that the provisions of this sub-section shall not apply to any such person who is holding
such an appointment [6][immediately before the said date].
(4) After the expiry of two years from the publication of a register of dental hygienists in a [7][State],
no person whose name is not entered in that register shall hold appointment as dental hygienist in any
dispensary, hospital or other institution in the [7][State] which is supported wholly or partially from public
or local funds.
(5) Any person who is a registered dentist, registered dental hygienist or registered dental mechanic in
a [7][State] may practise as such in any other [7][State].
8[46A.Transfer of registration.—Where a dentist registered in one State is practising dentistry in
another State, he may, on payment of the prescribed fee which shall not exceed the renewal fee for
registration in such other State, make an application in the prescribed form to the Council for the transfer
of his name from the register of the State where he is registered to the register of the State in which he is
practising dentistry, and on receipt of any such application, the Council shall, notwithstanding anything
contained elsewhere in this Act, direct that the name of such person be removed from the first-mentioned
register and entered in the register of the Second-mentioned State and the State Councils concerned shall
comply with such directions:
Provided that such a person shall be required to produce a certificate to the effect that all dues in
respect of his registration in the former State have been paid:
Provided further that where any such application for transfer is made by a dentist against whom any
disciplinary proceeding is pending or where for any other reason it appears to the Council that the
application for transfer has not been made _bona fide and the transfer should not be made, the Council_
may, after giving the dentist a reasonable opportunity of making a representation in this behalf, reject the
application.]
CHAPTER V
MISCELLANEOUS
**47. Penalty for falsely claiming to be registered.—If any person whose name is not for the time**
being entered in a register falsely represents that it is so entered, or uses in connection with his name or
title any words or letters reasonably calculated to suggest that his name is so entered, he shall be
punishable on first conviction with fine which may extend to five hundred rupees, and on any subsequent
conviction with imprisonment which may extend to six months or with fine not exceeding one thousand
rupees or with both.
**48. Misuse of titles.—If any person,—**
(a) not being a person registered in a register of dentists, takes or uses the description of dental
practitioner, dental surgeon, surgeon dentist, or dentist, or
1. Subs. by Act 58 of 1950, s. 3, for “two years”.
2. Subs. by Act 12 of 1955, s. 13, for “the commencement of this Act”.
3. Subs. by the A.O. 1950, for “Provincial”.
4. Subs. by Act 12 of 1955, s. 13, for “the State Government”.
5. The words “in the State” omitted by s. 13, ibid.
6. Subs. by s. 13, ibid., for “at the commencement of this Act”.
7. Subs. by the A.O. 1950, for “Province”.
8. Ins. by Act 42 of 1972, s. 24 (w.e.f. 1-11-1972).
22
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(b) not being a person whose name entered on a register of dental hygienists, takes or uses in a
1[State] where such register has been published, the title of dental hygienist, or
(c) not being a person whose name is entered on a register of dental mechanics, takes or uses in a
1[State] where such register has been published, the title of dental mechanic, 2[or]
2[(d) not possessing a recognised dental qualification, uses a degree or a diploma or an
abbreviation indicating or implying a dental qualification,]
he shall be punishable on first conviction with fine which may extend to five hundred rupees, and any
subsequent, conviction with imprisonment which may extend to six months or with fine not exceeding
one thousand rupees or with both.
**49. Practice by unregistered persons.—(1) After the expiry of** [3][three years] from [4][the date
appointed under sub-section (2) of section 32] in the case of dentists, and in the [5][States] where a register
of dental hygienists or dental mechanics has been prepared under section 36 from such date as may be
specified in this behalf by the [6][State] Government by notification in the Official Gazette, in the case of
dental hygienists or dental mechanics, no person, other than a registered dentist, registered dental
hygienist or registered dental mechanic, shall practise dentistry, or the art of scaling, cleaning or polishing
teeth, or of making or repairing dentures and dental appliances, as the case may be, or indicate in any way
that he is prepared to so practise:
Provided that the provisions of this section shall not apply to—
(a) practice of dentistry by a registered medical practitioner;
(b) the extraction of a tooth by any person when the case is urgent and no registered dentist is
available, so however that the operation is performed without the use of any general or local
anaesthetic;
(c) the performance of dental work or radiographic work in any hospital or dispensary maintained
or supported from public or local funds.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable on first
conviction with fine which may extend to five hundred rupees, and on any subsequent conviction with
imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with
both.
**50. Failure to surrender certificate of registration.—If any person whose name has been removed**
from a register fails without sufficient cause forthwith to surrender his certificate of registration [7][or
certificate of renewal, or both], he shall be punishable with fine which may extend to fifty rupees per
month of such failure and in the case of a continuing offence with an additional fine which may extend to
two rupees per day after the first day during which the offence continues.
**51. Companies not to engage in dentistry.—(1) Except as hereinafter provided, the profession of**
dentistry shall not be carried on by a company or other corporate body.
(2) The provisions of sub-section (1) shall not apply to—
(a) a company or other corporate body which carries on no business other than the profession of
dentistry or some business ancillary to the profession of dentistry and of which the majority of the
directors and all the operating staff are registered dentists;
(b) the carrying on of the profession of dentistry by employers who provide dental treatment for
their employees by registered dentists otherwise than for profit;
1. Subs. by the A.O. 1950, for “Province”.
2. Ins. by Act 12 of 1955, s. 14.
3. Subs. by Act 58 of 1950, s. 3, for “two years” (retrospectively).
4. Subs. by Act 12 of 1955, s. 15, for “the commencement of this Act”.
5. Subs. by the A.O. 1950, for “Provinces”.
6. Subs., ibid., for “Provincial”.
7. Ins. by Act 42 of 1972, s. 25 (w.e.f. 1-11-1972).
23
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(c) the carrying on of the profession of dentistry by any hospital or dispensary or institution for
the training of dentists or dental hygienists or by any local authority or other body authorised or
required by law to provide dental treatment:
Provided that any company or other corporate body carrying on the profession of dentistry
1[immediately before the date appointed under sub-section (2) of section 32] may continue so to do until
the expiry of three years from such date.
(3) if any person contravenes the provisions of sub-section (1), he shall be punishable with fine which
may extend, on first conviction to five hundred rupees, or on any subsequent conviction with
imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with
both.
**52. Cognizance of offences.—No court shall take cognizance of any offence punishable under this**
Act except upon complaint made by order of the [2][State] Government or the [2][State] Council.
**53. Payment of part of fees to Council.—The [2][State] Council shall before the end of June in each**
year pay to the Council a sum equivalent to one-fourth of the total fees realised by the [2][State] Council
under this Act during the period of twelve months ending on the 31st day of March of that year.
3[53A.Accounts and audit.—(1) The Council shall maintain appropriate accounts and other relevant
records and prepare an annual statement of accounts including the balance-sheet, in accordance with such
general directions as may be issued and in such form as may be specified by the Central Government in
consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Council shall be audited annually by the Comptroller and Auditor-General of
India or any person appointed by him in this behalf and any expenditure incurred by him or any person so
appointed in connection with such audit shall be payable by the Council to the Comptroller and AuditorGeneral of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection
with the audit of the accounts of the Council shall have the same rights and privileges and authority in
connection with such audit as the Comptroller and Auditor-General of India has in connection with the
audit of Government accounts, and in particular, shall have the right to demand the production of books
of accounts, connected vouchers and other documents and papers and to inspect the office of the Council.
(4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any
person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually
to the Central Government.
(5) A copy of the accounts of the Council as so certified together with the audit report thereon shall be
forwarded simultaneously to the Council.]
**54. Appointment of Commission of Enquiry.—(1) Whenever it appears to the Central Government**
that the Council is not complying with any of the provisions of this Act, the Central Government may
appoint a Commission of Enquiry consisting of three persons, two of whom shall be appointed by the
Central Government, one being the Judge of a High Court, and one by the Council; and refer to it the
matters on which the enquiry is to be made.
(2) The Commission shall proceed to enquire in a summary manner and report to the Central
Government on the matters referred to it together with such remedies, if any, as the Commission may like
to recommend.
(3) The Central Government may accept the report or remit the same to the Commission for
modification or reconsideration.
(4) After the report is finally accepted, the Central Government may order the Council to adopt the
remedies so recommended within such time as may be specified in the order and if the Council fails to
1. Subs. by Act 12 of 1955, s. 16, for “at the date of the commencement of this Act”.
2. Subs. by the A.O. 1950, for “Provincial”.
3. Ins. by Act 42 of 1972, s. 26 (w.e.f. 1-11-1972).
24
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comply within the time so specified, the Central Government may pass such order or take such action as
may be necessary to give effect to the recommendations of the Commission.
(5) Whenever it appears to the [1][State] Government that the [1][State] Council is not complying with
any of the provisions of this Act, the [1][State] Government may likewise appoint a similar Commission of
Enquiry in respect of the [1][State] Council to make enquiry in like manner and pass such order or take such
action as specified in sub-sections (3) and (4).
**55. Power to make rules.—(1) The [1][State] Government may, by notification in the Official Gazette,**
make rules to carry out the purposes of Chapters III, IV and V.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the management of the property of the [1][State] Council, and the maintenance and audit of its
accounts;
(b) the manner in which elections under Chapter III shall be conducted;
(c) the summoning and holding of meetings of the [1][State] Council, the times and places at which
such meetings shall be held, the conduct of business thereat and the number of members necessary to
form a quorum;
(d) the powers and duties of the President and Vice-President of the [1][State] Council;
(e) the constitution and functions of the Executive Committee, the summoning and holding of
meetings thereof, the times and places at which such meetings shall be held, the number of members
necessary to constitute a quorum;
(f) the term of office and the powers and duties of the Registrar and other officers and servants of
the [1][State] Council, including the amount and nature of the security to be given by the Treasurer;
(g) the particulars to be stated, and the proof of qualifications to be given in applications for
registration under this Act;
2[(gg) the form of application for transfer of registration from one State to another;]
3[(h) the charge for supplying printed copies of the registers, and the fees payable for—
(i) registration or renewal of registration;
(ii) supplying a duplicate certificate of registration or renewal; and
(iii) transfer of registration from one State to another;
(i) the forms of certificates of registration and renewal;]
(j) any other matter which is to be or may be prescribed under Chapters III, IV and V, except
sub-sections (1), (2), (3) and (4) of section 54.
4[(3) Every rule made by the State Government under this section shall be laid, as soon as may be
after it is made, before the State Legislature.]
1. Subs. by the A.O. 1950, for “Provincial”.
2. Ins. by Act 42 of 1972, s. 27 (w.e.f. 1-11-1972).
3. Subs. by s. 27, ibid., for clauses (h) and (i) (w.e.f. 1-11-1972).
4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
25
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1THE SCHEDULE
_PART I_
[See sub-sections (1) and (2) of section 10]
_Recognised Dental Qualifications granted by the Authorities or Institutions in India_
Authority or Institution Recognised dental qualification Abbreviation for registration
1 2 3
1. Board of Examiners Calcutta
Dental College and Hospital,
Calcutta
2. State Medical Faculty,
Bengal, Calcutta
3. City Dental College and
Hospital, Calcutta.
Licentiate in Dental Science—
if granted before the 1st day of May,
1941.
Licentiate in Dental Science—if
granted after the 30th day of April,
1941.
Licentiate in Dental Science— if
granted before the 31st day of March,
1940, to any person who—
(i) had undergone two years’ course of
training in that institution; or
(ii) having been previously engaged in
practice as a dentist or a medical
practitioner, had undergone one
year's course of training in that
institution.
L.D.Sc Calcutta.
L.D.S (S.M.F.) Bengal.
L.D. Sc.(C.D.C.) Calcutta.
(i) Bachelor of Dental Surgery B.D.S. Mumbai.
4. University of Mumbai
(ii) Master of Dental Surgery
—Prosthetic Dentistry M.D.S. (Pros.), Mumbai.
—Periodontia M.D.S. (Perio.), Mumbai.
—Oral Surgery M.D.S. (Oral Surgery), Mumbai.
—Orthodontia M.D.S (Ortho.) Mumbai.
—Dental Radiology M.D.S (Oral Medicine, Diagnosis
and Radiology) Mumbai.
—Operative Dentistry M.D.S (Operative) Bombay.
—Dental Pathology and
Bacteriology
M.D.S (Oral Pathology and
Microbiology), Mumbai.
5. College of Physicians and Licentiate in Dental Science L.D.S. (C.P.S.) Mumbai.
Surgeons, Mumbai
6. Nair Hospital, Dental Board, Licentiate in Denial Science L.D. Sc.(Nair) Mumbai.
Mumbai
7. East Punjab University Bachelor of Dental Surgery— B.D.S.(East Punjab).
— If granted during the year 1948.
8. Lucknow University (i) Bachelor of Dental Surgery B.D.S Lucknow.
1. The Schedule as amended from time to time has been reproduced here. As the notifications are innumerable, their Gazette
references have not been included in this footnote.
26
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1 2 3
(ii) Master of Dental Surgery
— Prosthodontics M.D.S (Pros.) Lucknow.
— Periodontics M.D.S (Perio.) Lucknow.
— Orthodontics M.D.S (Ortho.) Lucknow.
— Oral Surgery M.D.S (Oral Surgery) Lucknow.
— Pedodontia and Preventive M.D.S (Pedo.) Lucknow.
Dentistry
9. Chennai University (i) Bachelor of Dental Surgery B.D.S Chennai.
(ii) Master of Dental Surgery
Oral Surgery M.D.S (Oral Surgery) Chennai.
Periodontology M.D.S(Perio) Chennai.
Operative Dentistry M.D.S(Operative) Chennai.
Orthodontia M.D.S (Ortho) Chennai.
10. Calcutta University Bachelor of Dental Surgery B.D.S Calcutta.
11. Punjab University (i) Bachelor of Dental Surgery B.D.S Punjab
(ii) Master of Dental Surgery M.D.S (Pedo.) Punjab.
—Pedodontia and Preventive Dentistry
—Dental Prosthesis and Crown and M.D.S (Pros.) Punjab.
Bridge Work
—If granted before 31st December,
1970.
(iii) Pedodontia and Preventive M.D.S (Pedo.), PGIMER.
Dentistry:
— If granted on or after May, 1980.
Further modified to read as under vide
Govt. of India MOH & FW (Deptt. Of
Health’s Notificaton No. V12017/6/83-PMS, dated 27-8-1984).
@—if granted in or after 1978.
12. Punjab University Bachelor of Dental Surgery B.D.S Punjab.
13. Osmania University Bachelor of Dental Surgery B.D.S Osmania.
14. Kerala University (i) Bachelor of Dental Surgery B.D.S Kerala.
(ii) Master of Dental Surgery
— Operative Dentistry M.D.S (Operative) Kerala.
— Prosthetic Dentistry M.D.S (Pros.) Kerala.
— Periodontia M.D.S (Perio.) Kerala.
— Orthodontia M.D.S (Ortho.) Kerala.
15. Mysore University (i) Bachelor of Dental Surgery B.D.S Mysore.
(ii) Master of Dental Surgery
—Operative Dentistry *M.D.S (Operative) Mysore.
(This qualification shall be
recognised only when granted
before 12-9-1973).
—Orthodontia M.D.S (Ortho.) Mysore.
27
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1 2 3
—Periodontia
M.D.S(Perio.) Mysore.
16. Patna University (i) Bachelor of Dental Surgery B.D.S Patna.
(ii) Master of Dental Surgery M.D.S (Prosthetic Dentistry) Patna.
(Prosthetic Dentistry)
17. Bangalore University (i) Bachelor of Dental Surgery B.D.S Bangalore.
(ii) Master of Dental Surgery
(Orthodontics)
M.D.S (Ortho.) Bangalore.
—Oral Surgery M.D.S (Oral Surgery) Bangalore.
—Periodontia M.D.S (Perio.) Bangalore.
—Public Health Dentistry M.D.S (Public Health Dentistry),
Bangalore.
—Oral Diagnosis and Dental Radiology M.D.S (Oral Diagnosis and Dental
Radiology) Bangalore.
18. Indore University Bachelor of Dental Surgery B.D.S Indore.
19. Gujarat University (i) Bachelor of Dental Surgery B.D.S Gujarat.
(ii) Master of Dental Surgery
— Prosthetic Dentistry M.D.S (Pros.) Gujarat.
— Periodontia M.D.S (Perio.) Gujarat.
—Oral Pathology and Bacteriology M.D.S (Oral Path & Bart) Gujarat.
— Oral Diagnosis and Dental Radiology M.D.S (Oral Diag & Radiology)
Gujarat.
— Operative Dentistry M.D.S (Operative) Gujarat.
— Oral Surgery M.D.S (Oral Surgery) Gujarat.
— Orthodontia M.D.S (Ortho.) Gujarat.
20. Guru Nanak University (i) Bachelor of Dental Surgery B.D.S Guru Nanak.
(ii) Master of Dental Surgery
— Pedodontia and Preventive
Dentistry
M.D.S (Pedo.) Guru Nanak.
—Dental Prosthesis and Crown and
Bridge Work
M.D.S (Pros.) Guru Nanak.
21. Nagpur University Bachelor of Dental Surgery B.D.S., Nagpur.
22. Mangalore University Master of Dental Surgery
— Oral Surgery M.D.S (Oral Surgery) Mangalore.
— Periodontics M.D.S (Periodontics) Mangalore.
—Prosthetic Dentistry M.D.S (Prosthetic Dentistry),
Mangalore.
28
-----
1 2 3
—Orthodontia M.D.S. (Orthodontia), Mangalore.
Bachelor of Dental Surgery M.D.S., Mangalore.
23. Banaras Hindu University Master of Dental Surgery
— Operative Dentistry M.D.S (Operative Dentistry)
Varanasi.
24. Annamalai University Bachelor of Dental Surgery B.D.S Annamalai.
PART II
[See sub-section (3) of section 10]
_Recognised Dental Qualifications for the purposes of registration when the register is first prepared_
Authority or Institution Recognised dental qualification Abbreviation for
registration
3
1 2
1. The University of Vienna (Austria) Post-graduate Certificate of Dentistry Z.D.S (Vienna).
2. The Tulane University of Louisiana
(U.S.A.)
Doctor of Dental Surgery D.D.S (Louisiana)
(U.S.A.).
3. Dusseldorf (Germany) Zahnarzt Diploma —
PART III
[See sub-section (4) of section 10]
_Recognised Dental Qualifications granted by Authorities or Institutions outside India only when_
_granted to a citizen of India_
Authority or Institution Recognised dental qualification Abbreviation for registration
1 2 3
1. The University of Punjab Lahore
2. The Punjab State Medical Faculty,
Lahore
3. The Board of Examiners, College of
Dentistry, Karachi
Bachelor of Dental Surgery
Master of Dental Surgery
— if granted before the 15th
day of August, 1947.
Licentiate in Dental Science
— if granted before the 15th
day of August, 1947
Licentiate in Dental Science
— if granted before the 31st
day of December, 1943.
29
B.D.S., Lahore.
M.D.S., Lahore.
L.D.Sc (S.M.F.), Lahore
L.D.Sc., Karachi.
-----
1 2 3
4. The Royal College of Surgeons,
England (U.K.)
5. The Royal College of Surgeon,
Edinburgh (U.K.)
6. Royal College of Physicians and
Surgeons of Glasgow/Royal Faculty
of Physicians and Surgeons, Glasgow
(U.K.)
7. The Royal College of Surgeons,
Ireland.
8. The University of Newcastle Upon
Tyne/The University of Durham,
Newcastle Upon Tyne (U.K.)
9. The University of London (U.K)
10. The University of Manchester
(U.K.)
11. The University of Birmingham
(U.K.)
12. The University of Liverpool (U.K.)
13. The University of Leeds (U.K.)
Licentiate in Dental Surgery
Fellowship in Dental Surgery
Diploma in Orthodontic
Licentiate in Dental Surgery
Fellow in Dental Surgery
Licence in Dental Surgery
Diploma in Orthopaedics
Fellowship in Dental Surgery
*Higher Dental Diplomate
*Granted only up to 1965.
Licence in Dental Surgery
Fellowship of the Faculty of
Dentistry
*Licence in Dental Surgery
Bachelor of Dental Surgery
Master of Dental Surgery
Doctor of Dental Science
*abolished from 1962.
Bachelor of Dental Surgery
Master of Dental Surgery
Master of Science (Dentistry)
Doctor of Dental Surgery
Master of Dental Surgery
Bachelor of Dental surgery
Licentiate in Dental Surgery
Bachelor of Dental Surgery
Master of Dental Surgery
- Licence of Dental Surgery
- abolished from 1950.
Bachelor of Dental Surgery
Master of Dental Surgery
Doctor of Philosophy
- Licence in Dental Surgery
*—Abolished in 1953.
Bachelor or Dental Surgery
Diploma in Dental Surgery
Master of Dental Surgery
30
L.D.S.R.C.S., Eng.
F.D.S.R.C.S., Eng.
D.Orth.R.C.S., Eng.
L.D.S.R.C.S., Edin.
F.D.S.R.C.S., Edin.
L.D.S.R.C.P.S.G.
D.D.O.R.C.P.S.G.
F.D.S.R.C.P.S.G.
H.D.D.
L.D.S.R.C.S Irel.
F.F.D.R.C.S Irel.
L.D.S Dunelm.
B.D.S. Newcastle / Dunelm.
M.D.S. Newcastle / Dunelm.
D.D.S Newcastle / Dunelm.
B.D.S., London.
M.D.S., London.
M.Sc., London.
D.D.S., (U.Manc.)
M.D S., (U.Manc.)
B.D.S.(U Manc.)
L.D.S.(U Manc.)
B.D.S Birmingham.
M.D.S Birmingham.
L.D.S Birmingham.
B.D.S Liverpool.
M.D.S Liverpool.
Ph.D Liverpool.
L.D.S Liverpool.
B.Ch.D.U., Leeds.
L.D.S.U., Leeds.
M.Ch.D.U., Leeds.
-----
1 2 3
14. The University of Sheffield (U.K.)
15. The University of Bristol (U.K.)
16. The University of
Dundee/University of St.
Andrews, Dundee (U.K.)
17. The Queen's University of Belfast
(U.K.)
18. The National University of Ireland,
Dublin
19. The Emory University Atlanta
(U.S.A.) Atlanta/Southern Dental
College, Atlanta, Georgia(U.S.A.)
20. University of Illinois, Chicago
(U.S.A.)
Bachelor or Dental Surgery
Master of Dental Surgery
Licentiate in Dental Surgery
Bachelor of Dental Surgery
Diploma in Dental Surgery
Master of Dental Surgery
Bachelor of Dental Surgery
Master of Dental Surgery
Doctor or Dental Sciences
Diploma in Public Dentistry
- Diploma in Dental Surgery
*—abolished in 1950.
Bachelor of Dental Surgery
Master of Dental Surgery
*Licentiate in Dental Surgery
*— abolished.
Bachelor of Dental Surgery
Master of Dental Surgery
Doctor of Dental Surgery
Master of Science in Dentistry
Degree of Dental Surgery
Master of Science
B.D.S.U., Sheff.
M.D.S.U., Sheff.
L.D.S.U., Sheff.
B.D.S.U., Brist.
L.D.S.U., Brist.
M.D.S.U., Brist.
B.D.S.U., Dundee/St And.
M.D.S.U., Dundee/St And
D.D.Sc.U., Dundee/St.And
D.P.D.U., Dundee/St And
L.D.S.U., St And.
B.D.S., Q.U.Belf.
M.D.S., Q.U.Belf.
L.D.S., Q.U. Belf.
B.D.S., N.U.Irel.
M.D.S., N.U.Irel.
D.D.S., Atlanta
M.S.D., Atlanta
D.D.S.,Illinois
M.S.,Illinois
21. Lyola University, Chicago (U.S.A.) Doctor of Dental Surgery D.D.S., Lyola
Master of Science in Oral Biology M.S., Lyola.
22. North Western University, Chicago,
Illinois (U.S.A.)
23. Indiana University, Indianapolis,
Indiana (U.S.A.)
24. College of Dentistry, University of
Jowa City, Iowa (U.S.A.)
25. Harvard University Boston,
Massachusetts (U.S.A.)
26. University of Nebraska
Omaha, Nebraska (U.S.A.)
27. Columbia University, New York
City (U.S.A.)
Doctor of Dental Surgery D.D.S., Columbia
31
Doctor of Dental Surgery
Master of Science
*Master of Science in Dentistry
*—discontinued in 1959.
Doctor of Dental Surgery
Master of Science in Dentistry
Doctor of Dental Surgery
Master of Science
D.D.S., North-Western
M.S., North-Western
M.S.D., North-Western
D.D.S., Indiana
M.S.D., Indiana
D.D.S., Iowa
M.S., Iowa
Doctor of Dental Medicine D.M.D., Harvard.
Doctor of Dental Surgery
Master of Science in Dentistry
D.D.S., Nebraska
M.S.D., Nebraska
-----
1 2 3
28. University of Pennsylvania,
Philadelphia, Pennsylvania (U.S.A.)
29. The University of Texas at Houston,
Texas Dental College, Houston (U.S.A.)
30. University of Minnesota (U.S.A.)
*Doctor of Dental Surgery
Doctor of Dental Medicine
*—abolished in 1964
Doctor of Dental Surgery
Master of Science in
Dentistry
Doctor of Philosophy
D.D.S., Penn.
D.M.D., Penn.
Doctor of Dental Surgery D.D.S., Texas.
D.D.S., Minnesota.
M.S.D., Minnesota.
PhD., Minnesota.
31. Saint Louis University, Missouri (U.S.A) Doctor of Dental Surgery D.D.S., St.Louis.
32. University of Michigan (U.S.A) Doctor of Dental Surgery
Master of Science
Doctor of Philosophy
33. Tufts University, Tufts College, Boston
(U.S.A.)
34. The University of Toronto, Ontario
(Canada)
Doctor of Dental Medicine
Master of Science
Master of Dental Science
Doctor of Philosophy
Doctor of Dental Surgery
Diploma in Dental Public
Health
Diploma in Oral Surgery
and Anaesthesia
Diploma in Paedodontics
Diploma in Orthodontics
Diploma in Periodontics
Bachelor of Science in
Dentistry
Master of Science in
Dentistry
Doctor of Philosophy
D.D.S., Michigan.
M.S., Michigan.
Ph.D., Michigan.
D.M.D., Tufts.
M.S., Tufts.
M.D.S., Tufts.
Ph.D., Tufts.
D.D.S., Toronto.
D.D.P.H., Toronto.
Dip Oral Surg., Toronto.
Dip Paedodont., Toronto.
Dip Orthodont., Toronto.
Dip Periodont., Toronto.
B.Sc D., Toronto.
M.Sc D., Toronto.
Ph.D., Toronto.
35. McGill University, Montreal (Canada) Doctor of Dental Surgery D.D.S., McGill.
36. Deutsche Zahnaerztliche Universitaets
Institute, Munich (Germany)
37. Deutsche Zahnaerztliche Universitaets
Institute, Munich (Germany)
Diploma
Diploma
38. Ecole Dentaire de Paris, Paris Chirugien Dentiste
(Diploma of Dental
Surgeon)
D.E.D.P., Paris.
39. Ecole Dentaire Francaise, Paris Diploma of Dental Surgeon D.E.D.F., Paris.
40. American Dental College, Karachi
Licentiate in Dental Science L.D.Sc., Karachi.
—if granted on or before
the 31st December, 1936.
32
-----
1 2 3
41. The Faculty of Medicine, University of
Vienna (Austria)
42. University of Berlin (Germany)
The qualification of dental
specialist granted by the
Faculty of Medicine,
University of Vienna, after
two years’ course in
dentistry prior to which the
M.D.
Degree of that University
has been obtained.
Zahnaerzt Diploma Doctor Medicinac Dentariae
43. University of Freiburg (Germany) Zahnaerzt Diploma Dr. Med. Dent.
44. University of Frankfurt (Germany) Doctor Medicine Dentariae Dr.Med.Dent.
45. Baltimore College of Dental Surgery,
University of Maryland (U.S.A.)
Doctor of Dental Surgery
Master of Science
D.O.S., Maryland.
M.S., Maryland.
46. University of Rostock (Germany) Doctor Medicinae Dentariae Dr.Med.Dent.
47. University of Detroit (U.S.A.) Doctor of Dental Surgery
Master of Science
D.D.S. Detroit.
M.S. Detroit.
48. University of Rochester (U.S.A.) Doctor of Philosophy Ph.D., Rochester.
49. University of Edinburgh (U.K.) Bachelor of Dental Surgery B.D.S., Edin.
50. Punjab Dental College/Dental and Optical
College, Lahore (Now defunct)
51. Tokyo Medical and Dental University,
Tokyo (Japan)
52. University of New Zealand, Wellington,
(New Zealand)
53. Ecole de Chirugie Dentarire de
Stomatologie de Paris (France)
*Licentiate of Dental
Science Diploma
*Bachelor of Dental
Science Diploma
*—if granted on or
before the 14th August,
1947.
Dr. of Medical Science
— Operative Dentistry
L.D.Sc., Lahore.
B.D.Sc., Lahore.
D.M.Sc., Igakuhakushi.
Master of Dental Surgery M.D.S., New Zealand.
Diploma DP.CD & S., Paris.
54. University of Sydney, Sydney (Australia) Bachelor of Dental Surgery
Master of Dental Surgery
B.D.S., Sydney.
B.D.S., Sydney.
D.D.S., Georgetown.
M.S (Pedo.) Georgetown.
D.D.S., Alabama.
M.S.D., Alabama.
55. Georgetown University, Washington
(U.S.A.)
Doctor of Dental Surgery
Master of Surgery in
Pedodontia
56. University of Alabama, Alabama (U.S.A.) Doctor of Dental Surgery
Master of Science in
Dentistry
57. University of Otago, Dunedin C.I.
(New Zealand)
Master of Dental Surgery M.D.S., Otago.
33
-----
1 2 3
58. Marquette University
Milwaukee, Wisconsin
(U.S.A.)
59. New York (University, New
York (U.S.A.)
60. University of Californiam
San Francisco (U.S.A.)
61. University of Missouri at
Kansas City, Missouri
(U.S.A.)
62. Washington University, St.
Louis, Missouri (U.S.A.)
63. University of Malaya
Singapore
64. University of Pittsburg,
Pittsburg, Pennsylvania
(U.S.A.)
65. University of Alabama in
Birmingham (U.S.A.)
66. Karolinska Institute School of
Dentistry, Stockhom
(Sweden)
67. Westphalia Wilhems
University Munstor
(Germany)
68. University of Queensland
(Australia)
69. Boston, University, Boston,
Massachusetts (U.S.A.)
70. Georgetown University,
Washington DC (U.S.A.)
71. Moscow Medical
Stomatological Institute,
Moscow (U.S.S.R.)
72. Dhaka University, Dhaka
(Bangladesh)
Doctor of Dental Surgery
Master of Science
Doctor of Dental Surgery
Master of Science in Dentistry
Doctor of Dental Surgery
Master of Science
Doctor of Dental Surgery
Master of Science
Doctor of Dental Surgery
Master of Science
Master of Science—Orthodontics M.Sc.D.Orth., Boston.
Master of Science (Orthodontics) M.S (Ortho.), Georgetown.
Diploma in Stomatology Dip.Stom., (Moscow).
Bachelor of Dental Surgery B.D.S., Dhaka.
34
D.D.S., Marquette.
M.S., Marquette.
D.D.S., N.Y.
M.S.D .,N.Y.
D.D.S., Calif.
M.S., Calif.
D.D.S., Missouri.
M.S., Missouri.
D.D.S., Washington.
M.S., Washington.
Bachelor of Dental Surgery B.D.S., Malaya.
Master of Science in Dentistry
(Pedodontics)
Master of Science Degree in
Pathology (Oral Pathology)
M.S.D (Pedo.), Pittsburg.
M.S.D. (Oral Path.) Birmingham.
Doctor of Odontology Dr Odont., Karolinska.
Doctor of Dental Medicine Dr.Med. Dent., Westphalia
Wilhems.
Master of Dental Science
—Oral Biology (Oral Histology
and Oral Pathology)
M.D.Sc. (Oral Bio., Oral Histo.
and Oral Path.) Queensland.
-----
|
16-Apr-1948 | 31 | The National Cadet Corps Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1719/1/A1948-31.pdf | central | # THE NATIONAL CADET CORPS ACT, 1948
________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title, extent and application.
2. Definitions.
3. Constitution of the National Cadet Corps.
4. Constitution and disbandment of units.
5. Division of the Corps into Divisions.
6. Enrolment.
7. Central Government may raise other units.
8. Discharge.
9. Appointment of officers.
10. Duties of persons subject to this Act.
11. Punishment for offences under this Act.
12. Power to appoint Advisory Committees.
13. Power to make rules.
1
-----
# THE NATIONAL CADET CORPS ACT, 1948
ACT NO. 31 OF 1948[1]
An Act to provide for the constitution of a National Cadet Corps.
[16th April, 1948.]
WHEREAS it is expedient to provide for the constitution of a National Cadet Corps; It is hereby
enacted as follows:—
**1. Short title, extent and application.—(1) This Act may be called the National Cadet Corps**
Act, 1948.
(2) It extends, to the whole of India [2]* * * and applies to all persons enrolled or appointed under this
Act, wherever they may be.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
“corps” means the National Cadet Corps constituted under this Act;
“enrolled” means enrolled in the Corps under this Act;
“prescribed” means prescribed by rules made under this Act;
“school” includes any institution recognised in this behalf by the Central Government or the State
Government;
“university” means any university established by law in India and includes colleges affiliated to
universities, intermediate colleges and such technical institutions of collegiate status, as are
recognised in this behalf by the Central Government or the State Government.
**3. Constitution of the National Cadet Corps.—There shall be raised and maintained in the manner**
hereinafter provided a Corps, to be designated the National Cadet Corps:
Provided that the Central Government may establish all or any of the units of the Corps as and when
necessary.
**4. Constitution and disbandment of units.—The Central Government may constitute in any State**
3* * * one or more units of the Corps members of which shall be recruited from amongst the students of
any university or school, and may disband or reconstitute any unit so constituted.
**5. Division of the Corps into Divisions.—There shall be three Divisions of the Corps, namely:—**
(i) the Senior Division, recruitment to which shall be from amongst the students of the male sex
of any university;
(ii) the Junior Division, recruitment to which shall be from amongst the students of the male sex
of any school; and
(iii) the Junior Division, recruitment to which shall be from amongst the students of the female
sex of any university or school.
**6. Enrolment.—(1) Any student of the male sex of any university may offer himself for enrolment as**
a cadet in the Senior Division, and any student of the male sex of any school may offer himself for
enrolment as a cadet in the Junior Division if he is of the prescribed age or over.
(2) Any student of the female sex of any University or school may offer herself for enrolment as a
cadet in the Girls Division :
Provided that in the latter case she is of the prescribed age or over.
1. This Act has been extended to—
Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule and brought into force in Dadra and Nagar
Haveli by Reg. 6 of 1963, s. 2 and the First Schedule (w.e.f. 1-7-1965).
Lakshadweep vide Reg. 8 of 1965, s. 3 and the Schedule (w.e.f. 1-10-1967).
Extended to the State of Arunachal Pradesh vide Act No. 44 of 1993, s. 2 and the Schedule (w.e.f. 1-7-1994).
2. The words “except the State of Hyderabad” omitted by Act 3 of 1951, s. 3 and the Schedule.
3. The words “or Acceding State” omitted by A.O. 1950 (w.e.f. 26-1-1950).
2
-----
**7. Central Government may raise other units.—Notwithstanding anything contained in this Act,**
the Central Government may, by notification, provide for the constitution of any other units of the Corps
in any place and prescribe the persons or class of persons who may be eligible for enrolment therein.
**8. Discharge.—Every person enrolled under this Act shall be entitled to receive his or her discharge**
from the Corps on the expiration of the period for which he or she was enrolled or on his or her ceasing to
be borne on the roll of the university or school to which he or she may belong:
Provided that any person enrolled may be discharged at any time by such authority and subject to
such conditions as may be prescribed.
**9. Appointment of officers.—The Central Government may provide for the appointment of officers**
in or for any unit of the Corps either from amongst members of the staff of any university or school or
otherwise and may prescribe the duties, powers and functions of such officers.
**10. Duties of persons subject to this Act.—No person subject to this Act shall by virtue of being a**
member of the Corps be liable for active military service, but subject thereto any such person shall be
liable to perform such duties and discharge such obligations as may be prescribed.
**11. Punishment for offences under this Act.—Any person enrolled under this Act may be punished**
for the contravention of any rule made under this Act with fine which may extend to fifty rupees to be
recovered in such manner and by such authority as may be prescribed.
**12. Power to appoint Advisory Committees.—(1) The Central Government may for the purpose of**
advising it on all matters of policy connected with the constitution and administration of the Corps
appoint a Central Advisory Committee consisting of the following persons, namely:—
(a) the Minister for Defence, who shall be the Chairman of the Committee;
(b) the Secretary to the Government of India, Ministry of Defence, ex officio;
(c) the Secretary to the Government of India, Ministry of Education, ex officio;
(d) the Financial Advisor, Defence, ex officio;
1[(e) the Chief of the Army Staff, ex officio;
(f) the Chief of the Naval Staff, ex officio;
(g) the Chief of the Air Staff, ex officio; ]
(h) five non-official members to be nominated by the Central Government; and
2[(i) three Members of Parliament of whom two shall be elected by the House of the People and
one by the Council of States.]
3[(1A) A member elected under clause (i) of sub-section (1) shall hold office for a period of one
year from the date of his election or until he ceases to be a Member of the House which elected him,
whichever is earlier.]
(2) The Central Government may also appoint, for the same purpose as is specified in sub-section (1),
such [4]* * * State Advisory Committees as it may consider desirable from time to time and may prescribe
their duties and functions.
**13. Power to make rules.—(1) The Central Government may make rules to carry out the objects of**
this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may—
(a) prescribe the conditions subject to which universities or schools shall be allowed to raise units
under this Act;
(b) prescribe the persons or class of persons who may be eligible for enrolment under section 7;
1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for clauses (e), (f) and (g).
2. Subs. by Act 50 of 1975, s. 2, for clause (i) (w.e.f. 16-8-1975).
3. Ins. by Act 50 of 1975, s. 2 (w.e.f. 16-8-1975).
4. The words “Provincial or” omitted by the A.O. 1950.
3
-----
(c) prescribe the manner in which, the period for which and the conditions subject to which any
person or class of persons may be enrolled under this Act;
(d) provide for the medical examination of persons offering themselves for enrolment under
this Act;
(e) prescribe preliminary and periodical military training for any person or class of persons
subject to this Act;
(f) prescribe the military or other obligations to which members of the Corps shall be liable when
undergoing military training and provide generally for the maintenance of discipline amongst
members of the Corps;
(g) prescribe the duties, powers and functions of officers appointed under this Act;
(h) prescribe the allowances or other remuneration payable to persons subject to this Act;
(i) provide for the removal or discharge of any person subject to this Act;
(j) prescribe the offences for which any person subject to this Act may be tried and provide for
the trial thereof;
(k) prescribe the manner in which fines levied under this Act may be recovered;
(l) prescribe the duties, powers and functions of Central [1]* * * or State Advisory Committees; and
(m) provide for any other matter which under this Act is to be or may be prescribed.
2[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. The words “Provincial” omitted by the A.O. 1950.
2. Ins. by Act 50 of 1975, s. 3 (w.e.f. 16-8-1975).
4
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|
16-Apr-1948 | 33 | The Calcutta Port (Pilotage) Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1852/1/A1948-33.pdf | central | # THE CALCUTTA PORT (PILOTAGE) ACT, 1948
____________
ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title and commencement.
2. Definitions.
3. Commissioners’ duty to maintain pilots.
4. Appointment of pilots.
5. Rules regulating Pilots.
6. Levy of pilotage fees.
7. Pilot age fees and fines and penalties levied under the Act.
8. [Repealed.]
9. Power to transfer moneys from the general account to pilot age account and vice versa.
10. Application of certain provisions of Bengal Act 3 of 1890.
11. [Repealed.]
1
-----
# THE CALCUTTA PORT (PILOTAGE) ACT, 1948
ACT NO. 33 OF 1948
[16th April, 1948.]
# An Act to provide for the transfer of control over pilotage on the River Hooghly to the
Commissioners for the Port of Calcutta.
WHEREAS it is expedient to provide for the transfer of control over pilotage on the River Hooghly to
the Commissioners for the Port of Calcutta and for other matters incidental thereto, and to make certain
consequential amendments in the Calcutta Pilots Act 12 of 1859;
It is hereby enacted as follows:—
**1. Short title and commencement.—(1) This Act may be called the Calcutta Port (Pilotage)**
Act, 1948.
(2) It shall come into force on such date[1 ]as the Central Government may, by notification in the
Official Gazette, appoint in this behalf.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context, —**
(a) “Appointed day” means the date on which this Act comes into force;
(b) “Commissioners'' means the Commissioners for the Part of Calcutta incorporated under the
Calcutta Port Act, 1890 (Ben, Act 3 of 1890);
(c) “Hooghly area” means the part, of the Hooghly River extending from the Port of Calcutta to
the sea to which section 31 of the Indian Ports Act, 1908 ( 15 of 1908), has been extended.
**3. Commissioners’ duty to maintain pilots.—As from the appointed day it shall be the duty of the**
Commissioners to maintain pilots for the safe navigation of vessels in the Hooghly area and the
Commissioners shall be bound to maintain a sufficient number of pilots for the purpose as may be
prescribed by the Central Government from time to time.
**4. Appointment of pilots.—No person shall be appointed to be a pilot by the Commissioners who is**
not for the time being authorised by the Central Government under the provisions of' the Indian Ports
Act, 1908 (15 of 1908), to pilot vessels.
**5. Rules regulating Pilots.—(1) The Commissioners may from time to time make rules—**
(a) For fixing and regulating the salaries, wages and allowances for pilot age to be received by
the Pilots, and
(b) For regulating the behaviour and conduct of pilots,
and may enforce the observance of such rules by the imposition of pecuniary penalties not exceeding two
hundred rupees for every breach thereof or by suspension or deprivation of appointment or otherwise, as
to them may appear expedient:
Provided that any such order made by the Commissioners shall, as respects any officer whose salary
amounts to or exceeds one thousand rupees, be subject to the previous sanction of the Central
Government.
(2) No such rules shall take effect until they are approved by the Central Government and published
in the Official Gazette.
1. 16th May, 1948, _vide notificaiton No. 27-M (iii)/47, dated 19th May, 1948, see Gazette of India, 1948, Part I._
2
-----
**6. Levy of pilotage fees.—As from the appointed day the Commissioners shall be entitled to levy**
fees for the pilot age of vessels in the Hooghly area at rates fixed under the Indian Ports
Act, 1908 (15 of 1908).
1[7. Pilot age fees and fines and penalties levied under the Act.—All fees for pilotage and all fines
and penalties levied under this Act from pilot or other persons employed in the pilot service, except fines
and penalties imposed by a Court, shall be accounted for and expended by the Commissioners in
accordance with the provisions of section 36 of the Indian Ports Act, 1908 (15 of 1908).]
**8. [Expenditure in pilotage account.]— Repealed by the Port Trust and Ports (Amendment) Act,**
**_1951 (35 of 1951), s. 194 (w.e.f. 16-7-1951)._**
**9. Power to transfer moneys from the general account to pilot age account and** _vice versa.—The_
Commissioners shall have the power, with the previous sanction of the Central Government, to apply
2[any sum out of] the moneys credited to the general account towards meeting deficits, if any, in the
pilotage account [3][maintained under section 36 of the Indian Ports Act, 1908 (15 of 1908)] and to transfer
the whole or [3][part of the surplus funds, if any, in such pilot age account] to the general account.
4[10. Application of certain provisions of Bengal Act 3 of 1890.—Section 18, 19, 24B, 29 to 34
(both inclusive), 47 to 54 (both inclusive), 55, 57, 58 and 69 to 80A (both inclusive) of the Calcutta Port
Act, 1890 are hereby incorporated in this Act subject to the following modifications, namely:—
(a) That the references in the said sections to the Calcutta Port Act, 1890 (Ben. Act 3 of 1890)
shall be taken as references to this Act;
(b) That in clause (b) of section 19, for the words “the tolls, dues, rates, rents and charges”, the
words “the pilotage fees” shall be substituted;
(c) That the proviso to sub-section (2) of section 30 shall be omitted;
(d) That in sub-section (1) of section 34, the words “the Deputy Chairman or to” shall be omitted.
(e) That sub-section (2) of section 34 shall be omitted.]
**11. [Amendment of the Calcutta Pilots Act** 12 of 1859] _Rep. by the Repealing and Amending_
_Act, 1950 (Act 35 of 1950), s. 2 and the First Schedule._
1. Subs. by Act 35 of 1951, s. 193, for section 7, (w.e.f. 16-7-1951).
2. Ins. by s. 195, ibid.
3. Subs. by s. 195, ibid., for “part of the surplus funds in the pilotage account”.
4. Subs. by s. 196, ibid., for section 10.
3
-----
|
19-Apr-1948 | 34 | The Employees State Insurance Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1441/6/a1948-34.pdf | central | # THE EMPLOYEES’ STATE INSURANCE ACT, 1948
________
ARRANGEMENT OF SECTIONS
_________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent, commencement and application.
2. Definitions.
2A. Registration of factories and establishments.
CHAPTER II
CORPORATION, STANDING COMMITTEE AND MEDICAL BENEFIT COUNCIL
3. Establishment of Employees’ State Insurance Corporation.
4. Constitution of Corporation.
5. Term of office of members of the Corporation.
6. Eligibility for re-appointment or re-election.
7. Authentication of orders, decisions, etc.
8. Constitution of Standing Committee.
9. Term of office of members of Standing Committee.
10. Medical Benefit Council.
11. Resignation of membership.
12. Cessation of membership.
13. Disqualification.
14. Filling of vacancies.
15. Fees and allowances.
16. Appointment of a Director General and a Financial Commissioner.
17. Staff.
18. Powers of the Standing Committee.
19. Corporation’s power to promote measures for health, etc., of insured persons.
20. Meetings of Corporation, Standing Committee and Medical Benefit Council.
21. Supersession of the Corporation and Standing Committee.
22. Duties of Medical Benefit Council.
23. Duties of Principal Officers.
24. Acts of Corporation, etc., not invalid by reason of defect in constitution, etc.
25. Regional Boards, Local Committees, Regional and Local Medical Benefit Councils.
CHAPTER III
FINANCE AND AUDIT
26. Employees’ State Insurance Fund.
27. [Omitted.]
28. Purposes for which the Fund may be expended.
28A. Administrative expenses.
29. Holding of property, etc.
30. Vesting of the property in the Corporation.
31. [Omitted.]
32. Budget estimates.
1
-----
SECTIONS
33. Accounts.
34. Audit.
35. Annual report.
36. Budget, audited accounts and the annual report to be placed before Parliament.
37. Valuation of assets and liabilities.
CHAPTER IV
CONTRIBUTIONS
38. All employees to be insured.
39. Contributions.
40. Principal employer to pay contributions in the first instance.
41. Recovery of contribution from immediate employees.
42. General provisions as to payment of contribution.
43. Method of payment of contributions.
44. Employers to furnish returns and maintain registers in certain cases.
45. Social Security Officers, their functions and duties.
45A. Determination of contributions in certain cases.
45AA. Appellate authority.
45B. Recovery of contributions.
45C. Issue of certificate to the Recovery Officer.
45D.Recovery officer to whom certificate is to be forwarded.
45E. Validity of certificate and amendment thereof.
45F. Stay of proceedings under certificate and amendment or withdrawal thereof.
45G. Other modes of recovery.
45H. Application of certain provisions of the Income-tax Act.
45-I. Definitions.
CHAPTER V
BENEFITS
46. Benefits.
47. [Omitted.]
48. [Omitted.]
49. Sickness benefit
50. Maternity benefit.
51. Disablement benefit.
51A. Presumption as to accident arising in course of employment.
51B. Accidents happening while acting in breach of regulations, etc.
51C. Accidents happening while travelling in employer’s transport.
51D. Accidents happening while meeting emergency.
51E. Accidents happening while commuting to the place of work and vice versa.
52. Dependant’s benefit.
52A. Occupational disease.
53. Bar against receiving or recovery of compensation or damages under any other law.
54. Determination of question of disablement.
2
-----
SECTIONS
54A. References to medical boards and appeals to medical appeal tribunals and Employees’ Insurance
Courts.
55. Review of decisions by medical board or medical appeal tribunal.
55A. Review of dependant’s benefit.
56. Medical benefit.
57. Scale of medical benefit;
58. Provision of medical treatment by State Government.
59. Establishment and maintenance of hospitals, etc., by Corporation.
59A. Provision of medical benefit by the Corporation in lieu of State Government.
59B. Medical and para-medical education.
_General_
60. Benefit not assignable or attachable.
61. Bar of benefits under other enactments.
62. Persons not to commute cash benefits.
63. Persons not entitled to receive benefit in certain cases.
64. Recipients of sickness or disablement benefit to observe conditions.
65. Benefits not to be combined.
66. [Omitted.]
67. [Omitted.]
68. Corporation’s rights where a principal employer fails or neglects to pay any
contribution.
69. Liability of owner or occupier of factories, etc., for excessive sickness benefit.
70. Repayment of benefit improperly received.
71. Benefit payable up to and including day of death.
72. Employer not to reduce wages, etc.
73. Employer not to dismiss or punish employee during period of sickness, etc.
CHAPTER VA
SCHEME FOR OTHER BENEFICIARIES
73A. Definitions.
73B. Power to frame Scheme.
73C. Collection of user charges.
73D. Scheme for other beneficiaries.
73E. Power to amend Scheme.
73F. Laying of Scheme framed under this Chapter.
CHAPTER VI
ADJUDICATION OF DISPUTE AND CLAIMS
74. Constitution of Employees’ Insurance Court.
75. Matters to be decided by Employees’ Insurance Court.
76. Institution of proceedings, etc.
77. Commencement of proceedings.
78. Powers of Employees’ Insurance Court.
79. Appearance by legal practitioners, etc.
80. [Omitted.]
81. Reference to High Court.
82. Appear.
83. Stay of payment pending appeal.
3
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CHAPTER VII
PENALTIES
SECTIONS
84. Punishment for false statement.
85. Punishment for failure to pay contributions, etc.
85A. Enhanced punishment in certain cases after previous conviction.
85B. Power to recover damages.
85C. Power of Court to make orders.
86. Prosecutions.
86A. Offences by companies.
CHAPTER VIII
MISCELLANEOUS
87. Exemption of a factory or establishment or class of factories or establishments.
88. Exemption of persons or class of persons.
89. Corporation to make representation.
90. Exemption of factories or establishments belonging to Government or any local authority.
91. Exemption from one or more provisions of the Act.
91A. Exemptions to be either prospective or retrospective.
91AA. Central Government to be appropriate Government.
91B. Misuse of benefits.
91C. Writing off of losses.
92. Power of Central Government to give directions.
93. Corporation officers and servants to be public servants.
93A. Liability in case of transfer of establishment.
94. Contributions, etc., due to Corporation to have priority over other debts.
94A. Delegation of powers.
95. Power of Central Government to make rules.
96. Power of State Government to make rules.
97. Power of Corporation to make regulations.
98. [Omitted.]
99. Medical care for the families of insured persons.
99A. Power to remove difficulties.
100. Repeals and savings.
# [THE FIRST SCHEDULE] OMITTED
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
4
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# THE EMPLOYEES’ STATE INSURANCE ACT, 1948
ACT NO. 34 OF 1948[1]
[19th April, 1948.]
# An Act to provide for certain benefits to employees in case of sickness, maternity and
employment injury and to make provision for certain other matters in relation thereto.
WHEREAS it is expedient to provide for certain benefits to employees in case of sickness, maternity
and employment injury and to make provision for certain other matters in relation thereto;
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
**1. Short title, extent, commencement and application.—(1) This Act may be called the Employees’**
State Insurance Act, 1948.
(2) It extends to the whole of India [2]***.
(3) It shall come into force on such date or dates[3] as the Central Government may, by notification in
the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and
4[for different States or for different parts thereof].
(4) It shall apply, in the first instance, to all factories (including factories belonging to the
Government) other than seasonal factories:
5[Provided that nothing contained in this sub-section shall apply to a factory or establishment
belonging to or under the control of the Government whose employees are otherwise in receipt of benefits
substantially similar or superior to the benefits provided under this Act.]
(5) The appropriate Government may, in consultation with the Corporation and [6][where the
appropriate Government is a State Government, with the approval of the Central Government], after
giving [7][one month’s] notice of its intention of so doing by notification in the Official Gazette, extend the
provisions of this Act or any of them, to any other establishment or class of establishments, industrial,
commercial, agricultural or otherwise:
8[Provided that where the provisions of this Act have been brought into force in any part of a State,
the said provisions shall stand extended to any such establishment or class of establishments within that
part if the provisions have already been extended to similar establishment or class of establishments in
another part of that State].
5[(6) A factory or an establishment to which this Act applies shall continue to be governed by this Act
notwithstanding that the number of persons employed therein at any time falls below the limit specified
by or under this Act or the manufacturing process therein ceases to be carried on with the aid of power.]
1. This Act has been extended to Jaunsar Bawar Parganas in the Dehra Dun District and the areas of South of Kaimpur range in
the Mirzapur District of the State of Uttar Pradesh by Schedule IV of Act 20 of 1954; to Pondicherry by Reg. 7 of 1963, s. 3
and Schedule and to Goa, Daman and Diu by Reg. 11 of 1963, s.3 and the Schedule (w.e.f. 1-8-1965).
2. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
3. For dates see Annexure.
4. Subs. by Act 53 of 1951, s. 2, for “for different States” (w.e.f. 6-10-1951).
5. Ins. by Act 29 of 1989, s. 2 (w.e.f. 20-10-1989).
6. Subs. by Act 53 of 1951, s. 2, for “with the approval of the Central Government” (w.e.f. 6-10-1951).
7. Subs. by Act 18 of 2010, s. 2, for “six month’s ” (w.e.f. 1-6-2010).
8. Ins. by Act 29 of 1989, s. 2 (w.e.f. 16-5-1990).
5
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**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(1) “appropriate Government” means, in respect of establishments under the control of the
Central Government or [1][a railway administration] or a major port or a mine or oilfield, the Central
Government, and in all other cases, the State Government;
2* - - -
(3) “confinement” means labour resulting in the issue of a living child or labour after twenty-six
weeks of pregnancy resulting in the issue of a child whether alive or dead;
(4) “contribution” means the sum of money payable to the Corporation by the principal employer
in respect of an employee and includes any amount payable by or on behalf of the employee in
accordance with the provisions of this Act;
3* - - -
(6) “Corporation” means the Employees’ State Insurance Corporation set up under this Act;
4[(6A) “dependant” means any of the following relatives of a deceased insured person, namely:—
5[(i) a widow, a legitimate or adopted son who has not attained the age of twenty-five
years, an unmarried legitimate or adopted daughter,]
6[(ia) a widowed, mother;]
(ii) if wholly dependent on the earnings of the insured person at the time of his death, a
legitimate or adopted son or daughter who has attained the age of [7][twenty-five years] and
is infirm;
(iii) if wholly or in part dependent on the earnings of the insured person at the time of
his death,—
(a) a parent other than a widowed mother,
(b) a minor illegitimate son, an unmarried illegitimate daughter or a daughter
legitimate or adopted or illegitimate if married and a minor or if widowed and a
minor,
(c) a minor brother or an unmarried sister or a widowed sister if a minor,
(d) a widowed daughter-in-law,
(e) a minor child of a pre-deceased son,
(f) a minor child of a pre-deceased daughter where no parent of the child is
alive, or
(g) a paternal grand-parent if no parent of the insured person is alive;]
(7) “duly appointed” means appointed in accordance with the provisions of this Act or with the
rules or regulations made thereunder;
8[(8) “employment injury” means a personal injury to an employee caused by accident or an
occupational disease arising out of and in the course of his employment, being an insurable
1. Subs. by the A.O. 1950, for “a federal railway”.
2. Omitted by Act 29 of 1989, s. 3 (w.e.f. 16-5-1990).
3. Omitted by s. 3, ibid. (w.e.f. 1-2-1991).
4. Ins. by Act 44 of 1966, s. 2 (w.e.f. 28-1-1968).
5. Subs. by Act 18 of 2010, s. 3, for sub-clause (i) ((w.e.f. 1-6-2010).
6. Ins. by Act 29 of 1989, s. 3 (w.e.f. 20-10-1989).
7. Subs. by Act 18 of 2010, s. 3, for “eighteen years” (w.e.f. 1-6-2010).
8. Subs. by Act 44 of 1966, s. 2, for clause (8) (w.e.f. 28-1-1968).
6
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employment, whether the accident occurs or the occupational disease is contracted within or outside
the territorial limits of India;]
(9) “employee” means any person employed for wages in or in connection with the work of a
factory or establishment to which this Act applies and—
(i) who is directly employed by the principal employer on any work of, or incidental or
preliminary to or connected with the work of, the factory or establishment, whether such work is
done by the employee in the factory or establishment or elsewhere; or
(ii) who is employed by or through an immediate employer on the premises of the factory or
establishment or under the supervision of the principal employer or his agent on work which is
ordinarily part of the work of the factory or establishment or which is preliminary to the work
carried on in or incidental to the purpose of the factory or establishment; or
(iii) whose services are temporarily lent or let on hire to the principal employer by the person
with whom the person whose services are so lent or let on hire has entered into a contract of
service;
1[and includes any person employed for wages on any work connected with the administration of the
factory or establishment or any part, department or branch thereof or with the purchase of raw materials
for, or the distribution or sale of the products of, the factory or establishment [2][or any person engaged as
an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or [3][and
includes such person engaged as apprentice whose training period is extended to any length of time] but
does not include]—
(a) any member of [4][the Indian] naval, military or air forces; or
5[(b) any person so employed whose wages (excluding remuneration for overtime work)
exceed [6][such wages as may be prescribed by the Central Government]:
Provided that an employee whose wages (excluding remuneration for overtime work) exceed [6][such
wages as may be prescribed by the Central Government] at any time after (and not before) the beginning
of the contribution period, shall continue to be an employee until the end of that period;]
(10) “exempted employee” means an employee who is not liable under this Act to pay the
employee’s contribution;
7[(11) “family” means all or any of the following relatives of an insured person, namely:—
(i) a spouse;
(ii) a minor legitimate or adopted child dependent upon the insured person;
(iii) a child who is wholly dependent on the earnings of the insured person and who is—
(a) receiving education, till he or she attains the age of twenty-one years,
(b) an unmarried daughter;
(iv) a child who is infirm by reason of any physical or mental abnormality or injury and is
wholly dependent on the earnings of the insured person, so long as the infirmity continues;
8[(v) dependant parents, whose income from all sources does not exceed such income as
may be prescribed by the Central Government;
1. Subs. by Act 44 of 1966, s. 2, for “but does not include” (w.e.f. 28-1-1968).
2. Subs. by Act 29 of 1989, s. 3, for “but does not include” (w.e.f. 20-10-1989).
3. Subs. by Act 18 of 2010, s. 3, for “or under the standing orders of the establishment;” (w.e.f. 1-6-2010).
4. Subs. by the A.O. 1950, for “His Majesty’s”.
5. Subs. by Act 44 of 1966, s. 2, for sub-clause (b) (w.e.f. 28-1-1968).
6. Subs. by Act 29 of 1989, s. 3, for “one thousand and six hundred rupees a month” (w.e.f. 1-2-1991).
7. Subs. by s. 3, ibid., for clauses (11) and (12) (w.e.f. 20-10-1989).
8. Subs. by Act 18 of 2010, s. 3, for sub-clause (v) (w.e.f. 1-6-2010).
7
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(vi) in case the insured person is unmarried and his or her parents are not alive, a minor
brother or sister wholly dependant upon the earnings of the insured person;]
1[(12) “factory” means any premises including the precincts thereof whereon ten or more persons
are employed or were employed on any day of the preceding twelve months, and in any part of which
a manufacturing process is being carried on or is ordinarily so carried on, but does not include a mine
subject to the operation of the Mines Act, 1952 (35 of 1952) or a railway running shed;]
(13) “immediate employer”, in relation to employees employed by or through him, means a
person who has undertaken the execution, on the premises of a factory or an establishment to which
this Act applies or under the supervision of the principal employer or his agent, of the whole, or any
part of any work which is ordinarily part of the work of the factory or establishment of the principal
employer or is preliminary to the work carried on in, or incidental to the purpose of, any such factory
or establishment, and includes a person by whom the services of an employee who has entered into a
contract of service with him are temporarily lent or let on hire to the principal employer; [2][and
includes a contractor];
3[(13A) “insurable employment” means an employment in a factory or establishment to which
this Act applies;]
(14) “insured person” means a person who is or was an employee in respect of whom
contributions are or were payable under this Act and who is by reason thereof, entitled to any of the
benefits provided by this Act;
3[(14A) “managing agent” means any person appointed or acting as the representative of another
person for the purpose of carrying on such other person’s trade or business, but does not include an
individual manager subordinate to an employer;
4[(14AA) “manufacturing process” shall have the meaning assigned to it in the Factories Act,
1948 (63 of 1948);]
(14B) “mis-carriage” means expulsion of the contents of a pregnant uterus at any period prior to
or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of
which is punishable under the Indian Penal Code (45 of 1860);]
(15) “occupier” of the factory shall have the meaning assigned to it in the Factories Act, [5][1948
(63 of 1948)];
3[(15A) “permanent partial disablement” means such disablement of a permanent nature, as
reduces the earning capacity of an employee in every employment which he was capable of
undertaking at the time of the accident resulting in the disablement:
Provided that every injury specified in Part II of the Second Schedule shall be deemed to result in
permanent partial disablement;
(15B) “permanent total disablement” means such disablement of a permanent nature as
incapacitates an employee for all work which he was capable of performing at the time of the accident
resulting in such disablement:
Provided that permanent total disablement shall be deemed to result from every injury specified
in Part I of the Second Schedule or from any combination of injuries specified in Part II thereof where
the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those
injuries, amounts to one hundred per cent. or more;]
4[(15C) “power” shall have the meaning assigned to it in the Factories Act, 1948 (53 of 1948);]
(16) “prescribed” means prescribed by rules made under this Act:
1. Subs. by Act 18 of 2010, s. 3, for clause (12) (w.e.f. 1-6-2010).
2. Added by Act 29 of 1989 s. 3 (w.e.f. 20-10-1989).
3. Ins. by Act 44 of 1966, s. 2 (w.e.f. 28-1-1968)
4. Ins. by Act 29 of 1989, s. 3 (w.e.f. 20-10-1989).
5. Subs. by Act 53 of 1951, s. 3, for “1934” (w.e.f. 6-10-1951).
8
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(17) “principal employer” means—
(i) in a factory, the owner or occupier of the factory and includes the managing agent of such
owner or occupier, the legal representative of a deceased owner or occupier, and where a person
has been named as the manager of the factory under [1][the Factories Act, 1948 (63 of 1948)], the
person so named;
(ii) in any establishment under the control of any department of any Government in India, the
authority appointed by such Government in this behalf or where no authority is so appointed, the
head of the department;
(iii) in any other establishment, any person responsible for the supervision and control of the
establishment;
(18) “regulation” means a regulation made by the Corporation;
(19) “Schedule” means a Schedule to this Act;
2[(19A) “seasonal factory” means a factory which is exclusively engaged in one or more of the
following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of
groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including _gur) or tea or any_
manufacturing process which is incidental to or connected with any of the aforesaid processes and
includes a factory which is engaged for a period not exceeding seven months in a year—
(a) in any process of blending, packing or repacking of tea or coffee; or
(b) in such other manufacturing process as the Central Government may, by notification in the
Official Gazette, specify;]
(20) “sickness” means a condition which requires medical treatment and attendance and necessitates
abstention from work on medical grounds;
(21) “temporary disablement” means a condition resulting from an employment injury which requires
medical treatment and renders an employee, as a result of such injury, temporarily incapable of [3][doing
the work which he was doing prior to or at the time of the injury];
(22) “wages” means all remuneration paid or payable, in cash to an employee, if the terms of the
contract of employment, express or implied, were fulfilled and includes [4][any payment to an employee in
respect of any period of authorised leave, lock-out, strike which is not illegal or lay-off and] other
additional remuneration, if any, [5][paid at intervals not exceeding two months], but does not include—
(a) any contribution paid by the employer to any pension fund or provident fund, or under
this Act;
(b) any travelling allowance or the value of any travelling concession;
(c) any sum paid to the person employed to defray special expenses entailed on him by the
nature of his employment; or
(d) any gratuity payable on discharge;
6[(23) “wage period” in relation to an employee means the period in respect of which wages are
ordinarily payable to him whether in terms of the contract of employment, express or implied or
otherwise;]
1. Subs. by Act 53 of 1951, s. 3, for “clause (e) of sub-section (1) of section 9 of the Factories Act, 1934” (w.e.f. 6-10-1951).
2. Ins. by Act 29 of 1989, s. 3 (w.e.f. 20-10-1989).
3. Subs. by Act 44 of 1966, s. 2, for “work” (w.e.f. 28-1-1968).
4. Ins. by s. 2, ibid. (w.e.f. 28-1-1968).
5. Subs. by Act 53 of 1951, s. 3, for “paid at regular intervals after the last day of the wage period” (w.e.f. 6-10-1951).
6. Subs. by Act 45 of 1984, s. 2, for clause (23) (w.e.f. 27-1-1985).
9
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1[(24) all other words and expressions used but not defined in this Act and defined in the
Industrial Disputes Act, 1947 (14 of 1947), shall have the meanings respectively assigned to them in
that Act.]
2[2A. Registration of factories and establishments.—Every factory or establishment to which this
Act applies shall be registered within such time and in such manner as may be specified in the regulations
made in this behalf.]
CHAPTER II
CORPORATION, STANDING COMMITTEE AND MEDICAL BENEFIT COUNCIL
**3. Establishment of Employees’ State Insurance Corporation.—(1) With effect from such date as**
the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be
established for the administration of the scheme of Employees’ State Insurance in accordance with the
provisions of this Act a Corporation to be known as the Employees’ State Insurance Corporation.
(2) The Corporation shall be a body corporate by the name of Employees’ State Insurance
Corporation having perpetual succession and a common seal and shall by the said name sue and be sued.
**4. Constitution of Corporation.—The Corporation shall consist of the following members,**
namely:—
3[(a) a Chairman to be 4[appointed] by the Central Government;
(b) a Vice-Chairman to be [4][appointed] by the Central Government;]
(c) not more than five persons to be [4][appointed] by the Central Government [5]***;
(d) one person each representing each of the [6][ [7][States] in which this Act is in force] to be
4[appointed] by the State Government concerned;
(e) one person to be [4][appointed] by the Central Government to represent the [8][Union territories];
(f) [9][ten] persons representing employers to be [4][appointed] by the Central Government in
consultation with such organisations of employers as may be recognised for the purpose by the
Central Government;
(g) [9][ten] persons representing employees to be [4][appointed] by the Central Government in
consultation with such organisations of employees as may be recognised for the purpose by the
Central Government;
(h) two persons representing the medical profession to be [4][appointed] by the Central
Government in consultation with such organisations of medical practitioners as may be recognised for
the purpose by the Central Government; [10]***
11[(i) three members of Parliament of whom two shall be members of the House of the People
(Lok Sabha) and one shall be a member of the Council of States (Rajya Sabha) elected respectively
by the members of the House of the People and the members of the Council of States; and
(j) the Director General of the Corporation, ex officio.]
1. Subs. by Act 44 of 1966, s. 2, for clause (24) (w.e.f. 28-1-1968).
2. Ins. by s. 3, ibid. (w.e.f. 28-1-1968).
3. Subs. by s. 4, ibid., for clauses (a) and (b) (w.e.f. 17-6-1967).
4. Subs. by Act 29 of 1989, s. 4, for “nominated” (w.e.f. 20-10-1989).
5. The words “of whom at least three shall be officials of the Central Government” omitted by Act 44 of 1966, s. 4
(w.e.f. 17-6-1967).
6. Subs. by Act 53 of 1951, s. 4, for “Part A States” (w.e.f. 6-10-1951).
7. Subs. by the A.O. (No. 3) 1956, for “Part A States and B States”.
8. Subs., ibid. for “Part C States”.
9. Subs. by Act 29 of 1989, s. 5, for “five” (w.e.f. 20-10-1989).
10. The word “and” omitted by Act 44 of 1966, s. 4 (w.e.f. 17-6-1967).
11. Subs. by s. 4, ibid., for clause (i) (w.e.f. 17-6-1967).
10
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**5. Term of office of members of the Corporation.—(1) Save as otherwise expressly provided in**
this Act, the term of office of members of the Corporation, other than [1][the members referred to in clauses
(a), (b), (c), (d) and (e) of section 4 and the ex officio member,] shall be four years commencing from the
date on which their [2][appointment] or election is notified:
Provided that a member of the Corporation shall, notwithstanding the expiry of the said period of four
years, continue to hold office until the [2][appointment] or election of his successor is notified.
(2) The members of the Corporation referred to in clauses [3][(a), (b), (c), (d) and (e)] of section 4 shall
hold office during the pleasure of the Government [4][appointing] them.
**6. Eligibility for re-appointment or re-election.—An outgoing member of the Corporation, the**
Standing Committee, or the Medical Benefit Council shall be eligible for [5][re-appointment] or re-election
as the case may be.
**6[7. Authentication of orders, decisions, etc.—All orders and decisions of the Corporation shall be**
authenticated by the signature of the Director General of the Corporation and all other instruments issued
by the Corporation shall be authenticated by the signature of the Director General or such other officer of
the Corporation as may be authorised by him.]
**8. Constitution of Standing Committee.—A Standing Committee of the Corporation shall be**
constituted from among its members, consisting of—
(a) a Chairman, [7][appointed] by the Central Government;
(b) three members of the Corporation, [8][ [7][appointed] by the Central Government];
9[(bb) three members of the Corporation representing such three State Governments thereon as
the Central Government may, by notification in the Official Gazette, specify from time to time;]
(c) [10][eight] members elected by the Corporation as follows:—
11* - - -
(ii) [12][three] members from among the members of the Corporation representing employers;
(iii) [12][three] members from among the members of the Corporation representing employees;
(iv) one member from among the members of the Corporation representing the medical
profession; and
(v) one member from among the members of the Corporation elected by [13][Parliament];
14[(d) the Director General of the Corporation, ex officio.]
**9. Term of office of members of Standing Committee.—(1) Save as otherwise expressly provided**
in this Act, the term of office of a member of the Standing Committee, other than a member referred to in
clause (a) or [15][clause (b) or clause (bb)] of section 8, shall be two years from the date on which his
election is notified:
1. Subs. by Act 44 of 1966, s. 5, for certain words (w.e.f. 17-6-1967).
2. Subs. by Act 29 of 1989, s. 4, for “nomination” (w.e.f. 20-10-1989).
3. Subs. by Act 44 of 1966, s. 5, for “(c), (d) and (e)” (w.e.f. 17-6-1967).
4. Subs. by Act 29 of 1989, s. 4, for “nominating” (w.e.f. 20-10-1989).
5. Subs. by s. 4, ibid., for “renomination” (w.e.f. 20-10-1989).
6. Subs. by Act 44 of 1966, s. 6, for section 7 (w.e.f. 17-6-1967).
7. Subs. by Act 29 of 1989, s. 4, for “nominated” (w.e.f. 20-10-1989).
8. Subs. by Act 44 of 1966, s. 7, for certain words (w.e.f. 17-6-1967).
9. Ins. by Act 53 of 1951, s. 5 (w.e.f. 6-10-1951).
10. Subs. by Act 44 of 1966, s. 7, for “six” (w.e.f. 17-6-1967).
11. Omitted by Act 53 of 1951, s. 5 (w.e.f. 6-10-1951)
12. Subs. by Act 44 of 1966, s. 7, for “two” (w.e.f. 17-6-1967).
13. Subs. by the A.O. 1950, for “the Central Legislature”.
14. Ins. by Act 44 of 1966, s. 7 (w.e.f. 17-6-1967).
15. Subs. by Act 53 of 1951, s. 6, for “clause (b)” (w.e.f. 6-10-1951).
11
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Provided that a member of the Standing Committee shall, notwithstanding the expiry of the said
period of two years, continue to hold office until the election of his successor is notified:
Provided further that a member of the Standing Committee shall cease to hold office when he ceases
to be a member of the Corporation.
(2) A member of the Standing Committee referred to in clause (a) or [1][clause (b) or clause (bb)] of
section 8 shall hold office during the pleasure of the Central Government.
**10. Medical Benefit Council.—(1) The Central Government shall constitute a Medical Benefit**
Council consisting of—
2[(a) the Director General, the Employees’ State Insurance Corporation, ex officio as Chairman;
(b) a Director-General, Health Services, ex officio, as Co-Chairman;]
(c) the Medical Commissioner of the Corporation, ex officio;
(d) one member each representing each of the [3][ [4][States (other than Union territories)] in which
this Act is in force] to be [5][appointed] by the State Government concerned;
(e) three members representing employers to be [5][appointed] by the Central Government in
consultation with such organisations of employers as may be recognised for the purpose by the
Central Government;
(f) three members representing employees to be [5][appointed] by the Central Government in
consultation with such organisations of employees as may be recognised for the purpose by the
Central Government; and
(g) three members, of whom not less than one shall be a woman, representing the medical
profession, to be [5][appointed] by the Central Government in consultation with such organisations of
medical practitioners as may be recognised for the purpose by the Central Government.
(2) Save as otherwise expressly provided in this Act, the term of office of a member of the Medical
Benefit Council, other than a member referred to in any of the clauses (a) to (d) of sub-section (1), shall
be four years from the date on which his [6][appointment] is notified:
7[Provided that a member of the Medical Benefit Council shall, notwithstanding the expiry of the said
period of four years continue to hold office until the [6][appointment] of his successor is notified.]
(3) A member of the Medical Benefit Council referred to in clauses (b) and (d) of sub-section (1)
shall hold office during the pleasure of the Government [8][appointing] him.
**11. Resignation of membership.—A member of the Corporation, the Standing Committee or the**
Medical Benefit Council may resign his office by notice in writing to the Central Government and his seat
shall fall vacant on the acceptance of the resignation by that Government.
**12. Cessation of membership.—[9][(1)] A member of the Corporation, the Standing Committee or the**
Medical Benefit Council shall cease to be a member of that body if he fails to attend three consecutive
meetings thereof:
Provided that the Corporation, the Standing Committee or the Medical Benefit Council, as the case
may be, may, subject to rules made by the Central Government in this behalf, restore him to membership.
10[(2) Where in the opinion of the Central Government any person 5[appointed] or elected to represent
employers, employees or the medical profession on the Corporation, the Standing Committee or the
1. Subs. by Act 53 of 1951, s. 6, for “clause (b)” (w.e.f. 6-10-1951).
2. Subs. by Act 18 of 2010, s. 4, for sub-clauses (a) and (b) (w.e.f. 1-6-2010).
3. Subs. by Act 53 of 1951, s. 7, for “Part A States” (w.e.f. 6-10-1951).
4. Subs. by the A.O. (No. 3) 1956, for “Part A States or Part B States”.
5. Subs. by Act 29 of 1989, s. 4, for “nominated” (w.e.f. 20-10-1989).
6. Subs. by s. 4, ibid., for “nomination” (w.e.f. 20-10-1989).
7. Added by Act 44 of 1966, s. 8 (w.e.f. 17-6-1967).
8. Subs. by Act 29 of 1989, s. 4, for “nominating” (w.e.f. 20-10-1989).
9. Section 12 re-numbered as sub-section (1) thereof by Act 53 of 1951, s. 8 (w.e.f. 6-10-1951).
10. Ins. by s. 8, ibid. (w.e.f. 6-10-1951).
12
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Medical Benefit Council, as the case may be, has ceased to represent such employers, employees or the
medical profession, the Central Government may, by notification in the Official Gazette, declare that with
effect from such date as may be specified therein such person shall cease to be a member of the
Corporation, the Standing Committee or the Medical Benefit Council, as the case may be.]
1[(3) A person referred to in clause (i) of section 4 shall cease to be a member on becoming a Minister
or Speaker or Deputy Speaker of the House of the People or Deputy Chairman of the Council of States or
when he ceases to be a member of Parliament.]
**13. Disqualification.—A person shall be disqualified for being chosen as or for being a member of**
the Corporation, the Standing Committee or the Medical Benefit Council—
(a) if he is declared to be of unsound mind by a competent Court; or
(b) if he is an undischarged insolvent; or
(c) if he has directly or indirectly by himself or by his partner any interest in a subsisting contract
with, or any work being done for, the Corporation except as a medical practitioner or as a shareholder
(not being a Director) of a company; or
(d) if before or after the commencement of this Act, he has been convicted of an offence
involving moral turpitude.
**14. Filling of vacancies.—(1) Vacancies in the office of** [2][appointed] or elected members of the
Corporation, the Standing Committee and the Medical Benefit Council shall be filled by [3][appointment]
or election, as the case may be.
(2) A member of the Corporation, the Standing Committee or the Medical Benefit Council
2[appointed] or elected to fill a casual vacancy shall hold office only so long as the member in whose
place he is [2][appointed] or elected would have been entitled to hold office if the vacancy had not
occurred.
**15. Fees and allowances.—Members of the Corporation, the Standing Committee and the Medical**
Benefit Council shall receive such fees and allowances as may from time to time be prescribed by the
Central Government.
**16. Appointment of a Director General and a Financial Commissioner.—[4][(1) The Central**
Government may, in consultation with the Corporation, appoint a Director General and a Financial
Commissioner.]
(2) The Director General shall be the Chief Executive Officer of the Corporation.
(3) [5][The Director General and The Financial Commissioner] shall be whole-time officers of the
Corporation and shall not undertake any work unconnected with their office without the sanction of the
Central Government [6][and of the Corporation].
(4) [5][The Director General or the Financial Commissioner] shall hold office for such period, not
exceeding five years, as may be specified in the order appointing him. An outgoing [5][the Director General
or Financial Commissioner] shall be eligible for reappointment if he is otherwise qualified.
(5) [5][The Director General or the Financial Commissioner] shall receive such salary and allowances
as may be prescribed by the Central Government.
[(6) A person shall be disqualified from being appointed as or for being [5][the Director General or the](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=476&iActID=16#s16f2)
Financial Commissioner] if he is subject to any of the disqualifications specified in section 13.
[(7) The Central Government may at any time remove [5][the Director General or the Financial](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=476&iActID=16#s16f4)
Commissioner] from office and shall do so if such removal is recommended by a resolution of the
1. Subs. by Act 18 of 2010, s. 5, for “sub-section (3)” (w.e.f. 1-6-2010).
2. Subs. by Act 29 of 1989, s. 4, for “nominated” (w.e.f. 20-10-1989).
3. Subs. by s. 4, ibid., for “nomination” (w.e.f. 20-10-1989).
4. Subs. by s. 6, ibid., for sub-section (1) (w.e.f. 20-10-1989).
5. Subs. by s. 6, ibid., for “The Principal Officers” (w.e.f. 20-10-1989).
6. Ins. by Act 44 of 1966, s. 10 (w.e.f. 17-6-1967).
13
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Corporation passed at a special meeting called for the purpose and supported by the votes of not less than
two-thirds of the total strength of the Corporation.
**17. Staff.—(1) The Corporation may employ such other staff of officers and servants as may be**
necessary for the efficient transaction of its business provided that the sanction of the Central Government
shall be obtained for the creation of any post [1][the maximum monthly salary of which [2][exceeds such
salary as may be prescribed by the Central Government].]
3[(2) (a) The method of recruitment, salary and allowances, discipline and other conditions of service
of the members of the staff of the Corporation shall be such as may be specified in the regulations made
by the Corporation in accordance with the rules and orders applicable to the officers and employees of the
Central Government drawing corresponding scales of pay:
Provided that where the Corporation is of the opinion that it is necessary to make a departure from the
said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the
Central Government:
4[Provided further that this sub-section shall not apply to appointment of consultants and specialists in
various fields appointed on contract basis.]
(b) In determining the corresponding scales of pay of the members of the staff under clause (a), the
Corporation shall have regard to the educational qualifications, method of recruitment, duties and
responsibilities of such officers and employees under the Central Government and in case of any doubt,
the Corporation shall refer the matter to the Central Government whose decision thereon shall be final.]
(3) Every appointment to [5][posts [6][(other than medical posts)] corresponding to [7][Group A and Group
B] posts under the Central Government] shall be made in consultation with the [8][Union] Public Service
Commission:
Provided that this sub-section shall not apply to an officiating or temporary appointment for [9][a
period] not exceeding one year:
10[Provided further that any such officiating or temporary appointment shall not confer any claim for
regular appointment and the services rendered in that capacity shall not count towards seniority or
minimum qualifying service specified in the regulations for promotion to next higher grade.]
11[(4) If any question arises whether a post corresponds to a 7[Group A and Group B] post under the
Central Government, the question shall be referred to that Government whose decision thereon shall be
final.]
**18. Powers of the Standing Committee.—(1) Subject to the general superintendence and control of**
the Corporation, the Standing Committee shall administer the affairs of the Corporation and may exercise
any of the powers and perform any of the functions of the Corporation.
(2) The Standing Committee shall submit for the consideration and decision of the Corporation all
such cases and matters as may be specified in the regulations made in this behalf.
(3) The Standing Committee may, in its discretion, submit any other case or matter for the decision of
the Corporation.
**19. Corporation’s power to promote measures for health, etc., of insured persons.—The**
Corporation may, in addition to the scheme of benefits specified in this Act, promote measures for the
1. Subs. by Act 38 of 1975, s. 3, for certain words (w.e.f. 1-9-1975).
2. Subs by Act 29 of 1989, s. 7, for “exceeds two thousand and two hundred fifty rupees” (w.e.f. 1-2-1991).
3. Subs. by s. 7, ibid., for sub-section (2) (w.e.f. 8-11-1989).
4. Ins. by Act 18 of 2010, s. 6 (w.e.f. 1-6-2010).
5. Subs. by Act 44 of 1966, s. 11, for certain words (w.e.f. 17-6-1967).
6. Ins. by Act 29 of 1989, s. 7 (w.e.f. 16-5-1990).
7. Subs. by Act 45 of 1984, s. 3, for “Class I or Class II” (w.e.f. 27-1-1985).
8. Subs. by the A.O. 1950, for “Federal”.
9. Subs. by Act 29 of 1989, s. 7, for “an aggregate period” (w.e.f. 20-10-1989).
10. Ins. by s. 7, ibid. ( (w.e.f. 20-10-1989)
11. Ins. by Act 44 of 1966, s. 11 (w.e.f. 17-6-1967).
14
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improvement of the health and welfare of insured persons and for the rehabilitation and re-employment of
insured persons who have been disabled or injured and may incur in respect of such measures expenditure
from the funds of the Corporation within such limits as may be prescribed by the Central Government.
**20. Meetings of Corporation, Standing Committee and Medical Benefit Council.—Subject to any**
rules made under this Act, the Corporation, the Standing Committee and the Medical Benefit Council
shall meet at such times and places and shall observe such rules or procedure in regard to transaction of
business at their meetings as may be specified in the regulations made in this behalf.
**21. Supersession of the Corporation, and Standing Committee.—(1) If in the opinion of the**
Central Government, the Corporation or the Standing Committee persistently makes default in performing
the duties imposed on it by or under this Act or abuses its powers, that Government may, by notification
in the Official Gazette, supersede the Corporation, or in the case of the Standing Committee, supersede, in
consultation with the Corporation, the Standing Committee:
Provided that before issuing a notification under this sub-section the Central Government shall give a
reasonable opportunity to the Corporation or the Standing Committee, as the case may be, to show cause
why it should not be superseded and shall consider the explanations and objections, if any, of the
Corporation or the Standing Committee, as the case may be.
(2) Upon the publication of a notification under sub-section (1) superseding the Corporation or the
Standing Committee, all the members of the Corporation or the Standing Committee, as the case may be,
shall, as from the date of such publication, be deemed to have vacated their offices.
(3) When the Standing Committee has been superseded, a new Standing Committee shall be
immediately constituted in accordance with section 8.
(4) When the Corporation has been superseded, the Central Government may—
(a) immediately [1][appoint] or cause to be [2][appointed] new members to the Corporation in
accordance with section 4 and may constitute a new Standing Committee under section 8;
(b) in its discretion, appoint such agency, for such period as it may think fit, to exercise the
powers and perform the functions of the Corporation and such agency shall be competent to exercise
all the powers and perform all the functions of the Corporation.
(5) The Central Government shall cause a full report of any action taken under this section and the
circumstances leading to such action to be laid before [3][Parliament] at the earliest opportunity and in any
case not later than three months from the date of the notification superseding the Corporation or the
Standing Committee, as the case may be.
**22. Duties of Medical Benefit Council.—The Medical Benefit Council shall—**
(a) advise [4][the Corporation and the Standing Committee] on matters relating to the
administration of medical benefit, the certification for purposes of the grant of benefits and other
connected matters;
(b) have such powers and duties of investigation as may be prescribed in relation to complaints
against medical practitioners in connection with medical treatment and attendance; and
(c) perform such other duties in connection with medical treatment and attendance as may be
specified in the regulations.
**23. Duties of Principal Officers.—The** [5][Director General and the Financial Commissioner] shall
exercise such powers and discharge such duties as may be prescribed. They shall also perform such other
functions as may be specified in the regulations.
1. Subs. by Act 29 of 1989, s. 4, “nominate” (w.e.f. 20-10-1989).
2. Subs. by s. 4, ibid., “nominated” (w.e.f. 20-10-1989).
3. Subs. by A.O. 1950, for “the Central Legislature”.
4. Subs. by Act 53 of 1951, s. 9, for “the Corporation, the Standing Committee and the Medical Commissioner”
(w.e.f. 6-10-1951).
5. Subs. by Act 29 of 1989, s. 8, for “Principal Officers” (w.e.f. 20-10-1989).
15
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**24. Acts of Corporation, etc., not invalid by reason of defect in constitution, etc.—No act of the**
Corporation, the Standing Committee or the Medical Benefit Council shall be deemed to be invalid by
reason of any defect in the constitution of the Corporation, the Standing Committee or the Medical
Benefit Council, or on the ground that any member thereof was not entitled to hold or continue in office
by reason of any disqualification or of any irregularity in his [1][appointment] or election, or by reason of
such act having been done during the period of any vacancy in the office of any member of the
Corporation, the Standing Committee or the Medical Benefit Council.
**25. Regional Boards, Local Committees, Regional and Local Medical Benefit Councils.—The**
Corporation may appoint Regional Boards, Local Committees and Regional and Local Medical Benefit
Councils in such areas and in such manner, and delegate to them such powers and functions, as may be
provided by the regulations.
CHAPTER III
FINANCE AND AUDIT
**26. Employees’ State Insurance Fund.—(1) All contributions paid under this Act and all other**
moneys received on behalf of the Corporation shall be paid into a fund called the Employees’ State
Insurance Fund which shall be held and administered by the Corporation for the purposes of this Act.
(2) The Corporation may accept grants, donations and gifts from the Central or any State
Government, [2]*** local authority, or any individual or body whether incorporated or not, for all or any of
the purposes of this Act.
3[(3) Subject to the other provisions contained in this Act and to any rules or regulations made in this
behalf, all moneys accruing or payable to the said Fund shall be paid into the Reserve Bank of India or
such other bank as may be approved by the Central Government to the credit of an account styled the
account of the Employees’ State Insurance Fund.]
(4) Such account shall be operated on by such officers as may be authorised by the Standing
Committee with the approval of the Corporation.
**27. [Grant by the Central Government.]** _Omitted by the Employees’ State Insurance (Amendment)_
_Act, 1966 (44 of 1966) s. 12 (w.e.f. 17-6- 1967)._
**28. Purposes for which the Fund may be expended.—Subject to the provisions of this Act and of**
any rules made by the Central Government in that behalf, the Employees’ State Insurance Fund shall be
expended only for the following purposes, namely:—
(i) payment of benefits and provision of medical treatment and attendance to insured persons and,
where the medical benefit is extended to their families, the provision of such medical benefit to their
families, in accordance with the provisions of this Act and defraying the charges and costs in
connection therewith;
(ii) payment of fees and allowances to members of the Corporation, the Standing Committee and
the Medical Benefit Council, the Regional Boards, Local Committees and Regional and Local
Medical Benefit Councils;
(iii) payment of salaries, leave and joining time allowances, travelling and compensatory
allowances, gratuities and compassionate allowances, pensions, contributions to provident or other
benefit fund of officers and servants of the Corporation and meeting the expenditure in respect of
offices and other services set up for the purpose of giving effect to the provisions of this Act;
(iv) establishment and maintenance of hospitals, dispensaries and other institutions and the
provision of medical and other ancillary services for the benefit of insured persons and, where the
medical benefit is extended to their families, their families;
1. Subs. by Act 39 of 1989, s. 4, for “nomination” (w.e.f. 20-10-1989).
2. The words and letter “Part B State,” omitted by Act 53 of 1951, s. 10 (w.e.f. 6-10-1951).
3. Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 6-10-1951).
16
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(v) payment of contributions to any State Government, [1]*** local authority or any private body or
individual, towards the cost of medical treatment and attendance provided to insured persons and,
where the medical benefit is extended to their families, their families, including the cost of any
building and equipment, in accordance with any agreement entered into by the Corporation;
(vi) defraying the cost (including all expenses) of auditing the accounts of the Corporation and of
the valuation of its assets and liabilities;
(vii) defraying the cost (including all expenses) of the Employees’ Insurance Courts set up under
this Act;
(viii) payment of any sums under any contract entered into for the purposes of this Act by the
Corporation or the Standing Committee or by any officer duly authorized by the Corporation or the
Standing Committee in that behalf;
(ix) payment of sums under any decree, order or award of any Court or Tribunal against the
Corporation or any of its officers or servants for any act done in the execution of his duty or under a
compromise or settlement of any suit or other legal proceeding or claim instituted or made against the
Corporation;
(x) defraying the cost and other charges of instituting or defending any civil or criminal
proceedings arising out of any action taken under this Act;
(xi) defraying expenditure, within the limits prescribed, on measures for the improvement of the
health welfare of insured persons and for the rehabilitation and re-employment of insured persons
who have been disabled or injured; and
(xii) such other purposes as may be authorized by the Corporation with the previous approval of
the Central Government.
2[28A. Administrative expenses.—The types of expenses which may be termed as administrative
expenses and the percentage of the income of the Corporation which may be spent for such expenses shall
be such as may be prescribed by the Central Government and the Corporation shall keep its administrative
expenses within the limit so prescribed by the Central Government.]
**29. Holding of property, etc.—(1) The Corporation may, subject to such conditions as may be**
prescribed by the Central Government, acquire and hold property both movable and immovable, sell or
otherwise transfer any movable or immovable property which may have become vested in or have been
acquired by it and do all things necessary for the purposes for which the Corporation is established.
(2) Subject to such conditions as may be prescribed by the Central Government, the Corporation may
from time to time invest any moneys which are not immediately required for expenses properly
defrayable under this Act and may, subject as aforesaid, from time to time re-invest or realise such
investments.
(3) The Corporation may, with the previous sanction of the Central Government and on such terms as
may be prescribed by it, raise loans and take measures for discharging such loans.
(4) The Corporation may constitute for the benefit of its staff or any class of them, such provident or
other benefit fund as it may think fit.
**30. Vesting of the property in the Corporation.—All property acquired before the establishment of**
the Corporation shall vest in the Corporation and all income derived and expenditure incurred in this
behalf shall be brought into the books of the Corporation.
**31. [Expenditure by Central Government to be treated as a loan.] Omitted by the Employees’** _State_
_Insurance (Amendment) Act, 1966 (44 of 1966). s. 12 (w.e.f. 17-6-1967)._
**32. Budget estimates.—The Corporation shall in each year frame a budget showing the probable**
receipts and the expenditure which it proposes to incur during the following year and shall submit a copy
1. The words and letter “Part B State” omitted by Act 53 of 1951, s. 11 (w.e.f. 6-10-1951).
2. Ins. by Act 29 of 1989, s. 9 (w.e.f. 1-5-1997).
17
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of the budget for the approval of the Central Government before such date as may be fixed by it in that
behalf. The budget shall contain provisions adequate in the opinion of the Central Government for the
discharge of the liabilities incurred by the Corporation and for the maintenance of a working balance.
**33. Accounts.—The Corporation shall maintain correct accounts of its income and expenditure in**
such form and in such manner as may be prescribed by the Central Government.
1[34. Audit.—(1) The accounts of the Corporation shall be audited annually by the Comptroller and
Auditor-General of India and any expenditure incurred by him in connection with such audit shall be
payable by the Corporation to the Comptroller and Auditor-General of India.
(2) The Comptroller and Auditor-General of India and any person appointed by him in connection
with the audit of the accounts of the Corporation shall have the same rights and privileges and authority in
connection with such audit as the Comptroller and Auditor-General has, in connection with the audit of
Government accounts and, in particular, shall have the right to demand the production of books, accounts,
connected vouchers and other documents and papers and to inspect any of the offices of the Corporation.
(3) The accounts of the Corporation as certified by the Comptroller and Auditor-General of India or
any other person appointed by him in this behalf together with the audit report thereon shall be forwarded
to the Corporation which shall forward the same to the Central Government along with its comments on
the report of the Comptroller and Auditor-General.]
**35. Annual report.—The Corporation shall submit to the Central Government an annual report of its**
work and activities.
**36. Budget, audited accounts and the annual report to be placed before Parliament.—The**
annual report, the audited accounts of the Corporation [2][together with the [3][the report of the Comptroller
and Auditor-General of India thereon and the comments of the Corporation on such report] under
section 34] and the budget as finally adopted by the Corporation shall be placed before [4][Parliament]
5***.
**37. Valuation of assets and liabilities.—The Corporation shall, at intervals of [6][three years], have a**
valuation of its assets and liabilities made by a valuer appointed with the approval of the Central
Government:
Provided that it shall be open to the Central Government to direct a valuation to be made at such other
times as it may consider necessary.
CHAPTER IV
CONTRIBUTIONS
**38. All employees to be insured.—Subject to the provisions of this Act, all employees in factories,**
or establishments to which this Act applies shall be insured in the manner provided by this Act.
**39. Contributions.—(1) The contribution payable under this Act in respect of an employee shall**
comprise contribution payable by the employer (hereinafter referred to as the employer’s contribution)
and contribution payable by the employee (hereinafter referred to as the employee’s contribution) and
shall be paid to the Corporation.
7[(2) The contributions shall be paid at such rates as may be prescribed by the Central Government:
Provided that the rates so prescribed shall not be more than the rates which were in force immediately
before the commencement of the Employees’ State Insurance (Amendment) Act, 1989 (29 of 1989).]
1. Subs. by Act 29 of 1989, s. 10, for section 34 (w.e.f. 20-10-1989).
2. Ins. by Act 44 of 1986, s. 13 (w.e.f. 17-6-1967).
3. Subs. by Act 29 of 1989, s. 11, for “auditor's report thereon” (w.e.f. 20-10-1989).
4. Subs. by the A.O. 1950, for “the Central Legislature”.
5. The words “and published in the Gazette of India” omitted by Act 29 of 1989, s. 11 (w.e.f. 20-10-1989).
6. Subs. by Act 18 of 2010, s. 7, for “five years” (w.e.f. 1-6-2010).
7. Subs. by Act 29 of 1989, s. 12, for sub-section (2) (w.e.f. 1-2-1991).
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1[(3) The wage period in relation to an employee shall be the unit in respect of which all contributions
shall be payable under this Act.]
(4) The contributions payable in respect of each [2][wage period] shall ordinarily for due on the last day
of the [2][wage period] and where an employee is employed for part of the [2][wage period] or is employed
under two or more employers during the same [2][wage period] the contribution shall fall due on such days
as may be specified in the regulations.
3[(5) (a) If any contribution payable under this Act is not paid by the principal employer on the date
on which such contribution has become due, he shall be liable to pay simple interest at the rate of twelve
per cent. per annum or at such higher rate as may be specified in the regulation till the date of its actual
payment:
Provided that higher interest specified in the regulations shall not exceed the lending rate of interest
charged by any scheduled bank.
(b) Any interest recoverable under clause (a) may be recovered as an arrear of land revenue or under
section 45C to section 45-I.
_Explanation.—In this sub-section, “scheduled bank” means a bank for the time being included in the_
Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934).]
**40. Principal employer to pay contributions in the first instance.—(1) The principal employer**
shall pay in respect of every employee, whether directly employed by him or by or through an immediate
employer, both the employer’s contribution and the employee’s contribution.
(2) Notwithstanding anything contained in any other enactment but subject to the provisions of this
Act and the regulations, if any, made thereunder, the principal employer shall, in the case of an employee
directly employed by him (not being an exempted employee), be entitled to recover from the employee
the employee’s contribution by deduction from his wages and not otherwise:
Provided that no such deduction shall be made from any wages other than such as relate to the period
or part of the period in respect of which the contribution is payable, or in excess of the sum representing
the employee’s contribution for the period.
(3) Notwithstanding any contract to the contrary, neither the principal employer nor the immediate
employer shall be entitled to deduct the employer’s contribution from any wages payable to an employee
or otherwise to recover it from him.
(4) Any sum deducted by the principal employer from wages under this Act shall be deemed to have
been entrusted to him by the employee for the purpose of paying the contribution in respect of which it
was deducted.
(5) The principal employer shall bear the expenses of remitting the contributions to the Corporation.
**41. Recovery of contribution from immediate employees.—(1) A principal employer, who has paid**
contribution in respect of an employee employed by or through an immediate employer, shall be entitled
to recover the amount of the contribution so paid (that is to say the employer’s contribution as well as the
employee’s contribution, if any) from the immediate employer, either by deduction from any amount
payable to him by the principal employer under any contract, or as a debt payable by the immediate
employer.
4[(1A) The immediate employer shall maintain a register of employees employed by or through him
as provided in the regulations and submit the same to the principal employer before the settlement of any
amount payable under sub-section (1).]
1. Subs. by Act 45 of 1984, s. 4, for sub-section (3) (w.e.f. 27-1-1985).
2. Subs. by s. 4, ibid., for “week” (w.e.f. 27-1-1985).
3. Ins. by Act 29 of 1989, s. 12 (w.e.f. 20-10-1989).
4. Ins. by s. 13, ibid. (w.e.f. 1-2-1991).
19
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(2) In the case referred to in sub-section (1), the immediate employee shall be entitled to recover the
employee’s contribution from the employee employed by or through him by deduction from wages and
not otherwise, subject to the conditions specified in the proviso to sub-section (2) of section 40.
1* - - -
**42. General provisions as to payment of contributions.—(1) No employee’s contribution shall be**
payable by or on behalf of an employee whose average daily wages [2][during a wage period are below
3[such wages as may be prescribed by the Central Government]].
_Explanation.—The average daily wages of an employee shall be calculated_ [4][in such manner as may
be prescribed by the Central Government.]
(2) Contribution (both the employer’s contribution and the employee’s contribution) shall be payable
by the principal employer for each [5][wage period] [6][in respect of the whole or part of which wages are
payable to the employee and not otherwise].
7* - - -
8* - - -
**43. Method of payment of contributions.—Subject to the provisions of this Act, the Corporation**
may make regulations for any matter relating or incidental to the payment and collection of contributions
payable under this Act and without prejudice to the generality of the foregoing power such regulations
may provide for—
(a) the manner and time of payment of contributions;
(b) the payment of contributions by means of adhesive or other stamps affixed to or impressed
upon books, cards or otherwise and regulating the manner, times and conditions in, at and under
which, such stamps are to be affixed or impressed;
9[(bb) the date by which evidence of contributions having been paid is to be received by the
Corporation;]
(c) the entry in or upon books or cards of particulars of contributions paid and benefits distributed
in the case of the insured persons to whom such books or cards relate; and
(d) the issue, sale, custody, production, inspection and delivery of books or cards and the
replacement of books or cards which have been lost, destroyed or defaced.
10[44. Employers to furnish returns and maintain registers in certain cases.—(1) Every principal
and immediate employer shall submit to the Corporation or to such officer of the Corporation as it may
direct such returns in such form and containing such particulars relating to persons employed by him or to
any factory or establishment in respect of which he is the principal or immediate employer as may be
specified in regulations made in this behalf.
(2) Where in respect of any factory or establishment the Corporation has reason to believe that a
return should have been submitted under sub-section (1) but has not been so submitted, the Corporation
may require any person in charge of the factory or establishment to furnish such particulars as it may
consider necessary for the purpose of enabling the Corporation to decide whether the factory or
establishment is a factory or establishment to which this Act applies.
1. The Explanation omitted by Act 44 of 1966, s. 14 (w.e.f. 28-1-1968).
2. Subs. by Act 45 of 1984, s. 5, for “are below one rupee and fifty paise” (w.e.f. 27-1-1985).
3. Subs. by Act 29 of 1989, s. 14, for “six rupees” (w.e.f. 1-2-1991).
4. Subs. by s. 14, ibid., for “in such manner specified in the First Schedule” (w.e.f. 1-2-1991).
5. Subs. by Act 45 of 1984, s. 5, for “week” (w.e.f. 27-1-1985).
6. Subs. by Act 44 of 1966, s. 15, for “during the whole or part of which an employee is employed” (w.e.f. 28-1-1968).
7. Omitted by Act 45 of 1984, s. 5 (w.e.f. 27-1-1985).
8. Omitted by Act 44 of 1966, s. 15 (w.e.f. 28-1-1968).
9. Ins. by s. 16, ibid. (w.e.f. 28-1-1968).
10. Subs. by Act 53 of 1951, s. 12, for section 44 (w.e.f. 6-10-1951).
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(3) Every principal and immediate employer shall maintain such registers or records in respect of his
factory or establishment as may be required by regulations made in this behalf.]
**45. [1][Social Security Officers], their functions and duties.—(1) The Corporation may appoint such**
persons as inspectors, as it thinks fit, for the purposes of this Act, within such local limits as it may assign
to them.
(2) Any [2][Social Security Officer] appointed by the Corporation under sub-section (1) (hereinafter
referred to as [2][Social Security Officer]), or other official of the Corporation authorised in this behalf by it
may, for the purposes of enquiring into the correctness of any of the particulars stated in any return
referred to in section 44 or for the purpose of ascertaining whether any of the provisions of this Act has
been complied with—
(a) require any principal or immediate employer to furnish to him such information as he may
consider necessary for the purposes of this Act; or
(b) at any reasonable time enter any office, establishment, factory or other premises occupied by
such principal or immediate employer and require any person found in charge thereof to produce to
such [2][Social Security Officer] or other official and allow him to examine such accounts, books and
other documents relating to the employment of persons and payment of wages or to furnish to him
such information as he may consider necessary; or
(c) examine, with respect to any matter relevant to the purposes aforesaid, the principal or
immediate employer, his agent or servant, or any person found in such factory, establishment, office
or other premises, or any person whom the said [2][Social Security Officer] or other official has
reasonable cause to believe to be or to have been an employee;
3[(d) make copies of, or take extracts from, any register, account book or other document
maintained in such factory, establishment, office or other premises;
(e) exercise such other powers as may be prescribed.]
(3) An [2][Social Security Officer] shall exercise such functions and perform such duties as may be
authorized by the Corporation or as may be specified in the regulations.
4[(4) Any officer of the Corporation authorised in this behalf by it may, carry out re-inspection or test
inspection of the records and returns submitted under section 44 for the purpose of verifying the
correctness and quality of the inspection carried out by a Social Security Officer.]
5[45A. Determination of contributions in certain cases.—(1) Where in respect of a factory or
establishment no returns, particulars, registers or records are submitted, furnished or maintained in
accordance with the provisions of section 44 or any [2][Social Security Officer] or other official of the
Corporation referred to in sub-section (2) of section 45 is [6][prevented in any manner] by the principal or
immediate employer or any other person, in exercising his functions or discharging his duties under
section 45, the Corporation may, on the basis of information available to it, by order, determine the
amount of contributions payable in respect of the employees of that factory or establishment:
7[Provided that no such order shall be passed by the Corporation unless the principal or immediate
employer or the person in charge of the factory or establishment has been given a reasonable opportunity
of being heard.]
1. Subs. by Act 18 of 2010, s. 8, for “Inspectors” (w.e.f. 1-6-2010).
2. Subs. by s. 8, ibid., for “Inspector” (w.e.f. 1-6-2010).
3. Ins. by Act 53 of 1961, s. 13 (w.e.f.
4. Ins. by Act 18 of 2010, s. 8 (w.e.f. 1-6-2010).
5. Ins. by Act 44 of 1966, s. 17 (w.e.f. 17-6-1967).
6. Subs. by Act 29 of 1989, s. 15, for “obstructed” (w.e.f. 20-10-1989).
7. Ins. by s. 15, ibid. (w.e.f. 20-10-1989).
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1[Provided further that no such order shall be passed by the Corporation in respect of the period
beyond five years from the date on which the contribution shall become payable.]
(2) An order made by the Corporation under sub-section (1) shall be sufficient proof of the claim of
the Corporation under section 75 or for recovery of the amount determined by such order as an arrear of
land revenue under section 45B [2][or the recovery under section 45C to section 45-I].
**[3[45AA. Appellate authority.—1[If an employer is not satisfied with the order referred to in section](http://www.manupatrafast.in/ba/dispbotC.aspx?nActCompID=137052&iActID=16#f1)**
45A, he may prefer an appeal to an appellate authority as may be provided by regulation, within sixty
days of the date of such order after depositing twenty-five per cent. of the contribution so ordered or the
contribution as per his own calculation, whichever is higher, with the Corporation:
Provided that if the employer finally succeeds in the appeal, the Corporation shall refund such deposit
to the employer together with such interest as may be specified in the regulation.]
**45B. Recovery of contributions.—Any contribution payable under this Act may be recovered as an**
arrear of land revenue.]
4[45C. Issue of certificate to the Recovery Officer.—(1) Where any amount is in arrear under this
Act, the authorised officer may issue, to the Recovery Officer, a certificate under his signature specifying
the amount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the
amount specified therein from the factory or establishment or, as the case may be, the principal or
immediate employer by one or more of the modes mentioned below:—
(a) attachment and sale of the movable or immovable property of the factory or establishment or,
as the case may be, the principal or immediate employer;
(b) arrest of the employer and his detention in prison;
(c) appointing a receiver for the management of the movable or immovable properties of the
factory or establishment or, as the case may be, the employer:
Provided that the attachment and sale of any property under this section shall first be effected against
the properties of the factory or establishment and where such attachment and sale is insufficient for
recovering the whole of the amount of arrears specified in the certificate, the Recovery Officer may take
such proceedings against the property of the employer for recovery of the whole or any part of such
arrears.
(2) The authorised officer may issue a certificate under sub-section (1) notwithstanding that
proceedings for recovery of the arrears by any other mode have been taken.
**45D. Recovery officer to whom certificate is to be forwarded.—(1) The authorised officer may**
forward the certificate referred to in section 45C to the Recovery Officer within whose jurisdiction the
employer—
(a) carries on his business or profession or within whose jurisdiction the principal place of his
factory or establishment is situate; or
(b) resides or any movable or immovable property of the factory or establishment or the principal
or immediate employer is situate.
(2) Where a factory or an establishment or the principal or immediate employer has property within
the jurisdiction of more than one Recovery Officers and the Recovery Officer to whom a certificate is
sent by the authorised officer—
(a) is not able to recover the entire amount by the sale of the property, movable or immovable,
within his jurisdiction; or
(b) is of the opinion that, for the purpose of expediting or securing the recovery of the whole or
any part of the amount, it is necessary so to do,
1. Ins. by Act 18 of 2010, s. 9 (w.e.f. 1-6-2010).
2. Added by Act 29 of 1989, s. 15 (w.e.f. 20-10-1989).
3. Ins. by Act 18 of 2010, s. 10 (w.e.f. 1-6-2010).
4. Ins. by Act 29 of 1989, s. 16 (w.e.f. 1-9-1991).
22
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he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate
certified in the manner prescribed by the Central Government and specifying the amount to be recovered
to the Recovery Officer within whose jurisdiction the factory or establishment or the principal or
immediate employer has property or the employer resides, and thereupon that Recovery Officer shall also
proceed to recover the amount due under this section as if the certificate or the copy thereof had been the
certificate sent to him by the authorised officer.
**45E. Validity of certificate and amendment thereof.—(1) When the authorised officer issues a**
certificate to a Recovery Officer under section 45C, it shall not be open to the factory or establishment or
the principal or immediate employer to dispute before the Recovery Officer the correctness of the amount,
and no objection to the certificate on any other ground shall also be entertained by the Recovery Officer.
(2) Notwithstanding the issue of a certificate to a Recovery Officer, the authorised officer shall have
power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by
sending an intimation to the Recovery Officer.
(3) The authorised officer shall intimate to the Recovery Officer any orders withdrawing or cancelling
a certificate or any correction made by him under sub-section (2) or any amendment made under
sub- section (4) of section 45F.
**45F. Stay of proceedings under certificate and amendment or withdrawal thereof.—(1)**
Notwithstanding that a certificate has been issued to the Recovery Officer for the recovery of any amount,
the authorised officer may grant time for the payment of the amount, and thereupon the Recovery Officer
shall stay the proceedings until the expiry of the time so granted.
(2) Where a certificate for the recovery of amount has been issued, the authorised officer shall keep
the Recovery Officer informed of any amount paid or time granted for payment, subsequent to the issue
of such certificate.
(3) Where the order giving rise to a demand of amount for which a certificate for recovery has been
issued has been modified in appeal or other proceedings under this Act, and, as a consequence thereof, the
demand is reduced but the order is the subject-matter of a further proceeding under this Act, the
authorised officer shall stay the recovery of such part of the amount of the certificate as pertains to the
said reduction for the period for which the appeal or other proceeding remains pending.
(4) Where a certificate for the recovery of amount has been issued and subsequently the amount of the
outstanding demand is reduced as a result of an appeal or other proceeding under this Act, the authorised
officer shall, when the order which was the subject- matter of such appeal or other proceeding has become
final and conclusive, amend the certificate or withdraw it, as the case may be.
**45G. Other modes of recovery.—(1) Notwithstanding the issue of a certificate to the Recovery**
Officer under section 45C, the Director General or any other officer authorised by the Corporation may
recover the amount by any one or more of the modes provided in this section.
(2) If any amount is due from any person to any factory or establishment or, as the case may be, the
principal or immediate employer who is in arrears, the Director General or any other officer authorised by
the Corporation in this behalf may required such person to deduct from the said amount the arrears due
from such factory or establishment or, as the case may be, the principal or immediate employer under this
Act and such person shall comply with any such requisition and shall pay the sum so deducted to the
credit of the Corporation:
Provided that nothing in this sub-section shall apply to any part of the amount exempt from
attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908
(5 of 1908).
(3) (i) The Director General or any other officer authorised by the Corporation in this behalf may, at
any time or from time to time, by notice in writing, require any person from whom money is due or may
become due to the factory or establishment or, as the case may be, the principal or immediate employer or
any person who holds or may subsequently hold money for or on account of the factory or establishment
or, as the case may be, the principal or immediate employer, to pay to the Director General either
forthwith upon the money becoming due or being held or at or within the time specified in the notice (not
being before the money becomes due or is held) so much of the money as is sufficient to pay the amount
23
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due from the factory or establishment or, as the case may be, the principal or immediate employer in
respect of arrears or the whole of the money when it is equal to or less than that amount.
(ii) A notice under this sub-section may be issued to any person who holds or may subsequently hold
any money for or on account of the principal or immediate employer jointly with any other person and for
the purposes of this sub-section, the shares of the joint-holders in such account shall be presumed, until
the contrary is proved, to be equal.
(iii) A copy of the notice shall be forwarded to the principal or immediate employer at his last address
known to the Director General or, as the case may be, the officer so authorised and in the case of a joint
account to all the joint-holders at their last addresses known to the Director General or the officer so
authorised.
(iv) Save as otherwise provided in this sub-section, every person to whom a notice is issued under this
sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued
to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or
any other document to be produced for the purpose of any entry, endorsement or the like being made
before payment is made notwithstanding any rule, practice or requirement to the contrary.
(v) Any claim respecting any property in relation to which a notice under this sub-section has been
issued arising after the date of the notice shall be void as against any demand contained in the notice.
(vi) Where a person to whom a notice under this sub-section is sent objects to it by a statement on
oath that the sum demanded or any part thereof is not due to the principal or immediate employer or that
he does not hold any money for or on account of the principal or immediate employer, then, nothing
contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof,
as the case may be, but if it is discovered that such statement was false in any material particular, such
person shall be personally liable to the Director General or the officer so authorised to the extent of his
own liability to the principal or immediate employer on the date of the notice, or to the extent of the
principal or immediate employer’s liability for any sum due under this Act, whichever is less.
(vii) The Director General or the officer so authorised may, at any time or from time to time, amend
or revoke any notice issued under this sub-section or extend the time for making any payment in
pursuance of such notice.
(viii) The Director General or the officer so authorised shall grant a receipt for any amount paid in
compliance with a notice issued under this sub-section and the person so paying shall be fully discharged
from his liability to the principal or immediate employer to the extent of the amount so paid.
(ix) Any person discharging any liability to the principal or immediate employer after the receipt of a
notice under this sub-section shall be personally liable to the Director General or the officer so authorised
to the extent of his own liability to the principal or immediate employer so discharged or to the extent of
the principal or immediate employer’s liability for any sum due under this Act, whichever is less.
(x) If the person to whom a notice under this sub-section is sent fails to make payment in pursuance
thereof to the Director General or the officer so authorised, he shall be deemed to be a principal or
immediate employer in default in respect of the amount specified in the notice and further proceedings
may be taken against him for the realisation of the amount as if it were an arrear due from him in the
manner provided in sections 45C to 45F and the notice shall have the same effect as an attachment of a
debt by the Recovery Officer in exercise of his powers under section 45C.
(4) The Director General or the officer authorised by the Corporation in this behalf may apply to the
court in whose custody there is money belonging to the principal or immediate employer for payment to
him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to
discharge the amount due.
(5) The Director General or any officer of the Corporation may, if so authorised by the Central
Government by general or special order, recover any arrears of amount due from a factory or an
establishment or, as the case may be, from the principal or immediate employer by distraint and sale of its
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or his movable property in the manner laid down in the Third Schedule to the Income-tax Act, 1961
(43 of 1961).
**45H. Application of certain provisions of the Income-tax Act.—The provisions of the Second and**
Third Schedules to the Income-tax Act, 1961 (43 of 1961) and the Income-tax (Certificate Proceedings)
Rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said
provisions and the rules referred to the arrears of the amount of contributions, interests or damages under
this Act instead of to the income-tax:
Provided that any reference in the said provisions and the rules to the “assesse” shall be construed as
a reference to a factory or an establishment or the principal or immediate employer under this Act.
**45-I. Definitions.—For the purposes of sections 45C to 45H,—**
(a) “authorised officer” means the Director General, Insurance Commissioner, Joint Insurance
Commissioner, Regional Director or such other officer as may be authorised by the Central
Government, by notification in the Official Gazette;
(b) “Recovery Officer” means any officer of the Central Government, State Government or the
Corporation, who may be authorised by the Central Government, by notification in the Official
Gazette, to exercise the powers of a Recovery Officer under this Act.]
CHAPTER V
BENEFITS
**46. Benefits.—(1) Subject to the provisions of this Act, the insured persons [1][their dependants or the**
persons hereinafter mentioned, as the case may be,] shall be entitled to the following benefits,
namely:—
(a) periodical payments to any insured person in case of his sickness certified by a duly appointed
medical practitioner [2][or by any other person possessing such qualifications and experience as the
Corporation may, by regulations, specify in this behalf] (hereinafter referred to as sickness benefit);
3[(b) periodical payments to an insured woman in case of confinement or mis-carriage or sickness
arising out of pregnancy, confinement, premature birth of child or mis-carriage, such woman being
certified to be eligible for such payments by an authority specified in this behalf by the regulations
(hereinafter referred to as maternity benefit;)]
(c) periodical payments to an insured person suffering from disablement as a result of an
employment injury sustained as an employee under this Act and certified to be eligible for such
payments by an authority specified in this behalf by the regulations (hereinafter referred to as
disablement benefit);
(d) periodical payments to such dependants of an insured person who dies as a result of an
employment injury sustained as an employee under this Act, as are entitled to compensation under
this Act (hereinafter referred to as dependants benefit); [4]***
(e) medical treatment for and attendance on insured persons (hereinafter referred to as medical
benefit) ; [2][and]
2[(f) payment to the eldest surviving member of the family of an insured person who has died,
towards the expenditure on the funeral of the deceased insured person, or, where the insured person
did not have a family or was not living with his family at the time of his death, to the person who
actually incurs the expenditure on the funeral of the deceased insured person (to be known as
5[funeral expenses]):
1. Subs. by Act 44 of 1966, s. 18, for “or, as the case may be, their dependants” (w.e.f. 28-1-1968).
2. Ins. by s. 18, ibid. (w.e.f. 28-1-1968).
3. Subs. by s. 18, ibid., for clause (b) (w.e.f. 28-1-1968).
4. The word “and” omitted by s. 18, ibid. (w.e.f. 28-1-1968).
5. Subs. by Act 29 of 1989, s. 17, for “funeral benefit” (w.e.f. 20-10-1989).
25
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Provided that the amount of such payment shall not exceed [1][such amount as may be prescribed by
the Central Government] and the claim for such payment shall be made within three months of the death
of the insured person or within such extended period as the Corporation or any officer or authority
authorised by it in this behalf may allow.]
(2) The Corporation may, at the request of the appropriate Government, and subject to such
conditions as may be laid down in the regulations, extend the medical benefits to the family of an insured
person.
**47. [When person eligible for sickness benefit.]** _Omitted by the Employees’ State Insurance_
(Amendment) Act, 1966 (44 of 1966), s. 20 (w.e.f. 28-1-1968).
**48. [When person deemed available for employment.] Omitted by** _s. 20, ibid. (w.e.f. 28-1-1968)._
2[49. Sickness benefit.—The qualification of a person to claim sickness benefit, the conditions
subject to which such benefit may be given, the rates and period thereof shall be such as may be
prescribed by the Central Government.
**50. Maternity benefit.— The qualification of an insured woman to claim maternity benefit, the**
conditions subject to which such benefit may be given, the rates and period thereof shall be such as may
be prescribed by the Central Government.]
3[51. Disablement Benefit.—Subject to the provisions of this Act 4***,—
(a) a person who sustains temporary disablement for not less than three days (excluding the day
of accident) shall be entitled to periodical payment [5][at such rates and for such periods and subject to
such conditions as may be prescribed by the Central Government];
(b) a person who sustains permanent disablement, whether total of partial, shall be entitled to
periodical payment [5][at such rates and for such period and subject to such conditions as may be
prescribed by the Central Government]:
6* - - -
**51A. Presumption as to accident arising in course of employment.—For the purposes of this Act,**
an accident arising in the course of [7][an employee’s] employment shall be presumed, in the absence of
evidence to the contrary, also to have arisen out of that employment.
**51B. Accidents happening while acting in breach of regulations, etc.—An accident shall be**
deemed to arise out of and in the course of [7][an employee’s] employment notwithstanding that he is at the
time of the accident acting in contravention of the provisions of any law applicable to him, or of any
orders given by or on behalf of his employer or that he is acting without instructions from his employer,
if—
(a) the accident would have been deemed so to have arisen had the act not been done in
contravention as aforesaid or without instructions from his employer, as the case may be; and
(b) the act is done for the purpose of and in connection with the employer’s trade or business.
1. Subs. by Act 29 of 1989, s. 17, for “one hundred rupees” (w.e.f. 1-2-1991).
2. Subs. by s. 19, ibid., for sections 49 and 50 (w.e.f. 1-2-1991).
3. Subs. by Act 44 of 1966, s. 23, for section 51 (w.e.f. 28-1-1968).
4. The words “and the regulations, if any” omitted by Act 29 of 1989, s. 20 (w.e.f. 1-2-1991).
5. Subs. by s. 20, ibid., for “for the period of such disablement in accordance with the provisions of the First Schedule” (w.e.f. 1
2-1991).
6. Proviso omitted by s. 20, ibid. (w.e.f. 1-2-1991).
7. Subs. by Act 18 of 2010, s. 12, for “an insured person’s” (w.e.f. 1-6-2010).
26
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**51C. Accidents happening while travelling in employer’s transport.—(1) An accident happening**
while an [1][employee] is, with the express or implied permission of his employer, travelling as a passenger
by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his
employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if—
(a) the accident would have been deemed so to have arisen had he been under such obligation;
and
(b) at the time of the accident, the vehicle—
(i) is being operated by or on behalf of his employer or some other person by whom it is
provided in pursuance of arrangements made with his employer, and
(ii) is not being operated in the ordinary course of public transport service.
(2) In this section “vehicle” includes a vessel and an aircraft.
**51D. Accidents happening while meeting emergency.—An accident happening to an** [1][employee]
in or about any premises at which he is for the time being employed for the purpose of his employer’s
trade or business shall be deemed to arise out of and in the course of his employment, if it happens while
he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect
persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise
serious damage to property.]
**2[51E. Accidents happening while commuting to the place of work and vice versa.—An accident**
occurring to an employee while commuting from his residence to the place of employment for duty or
from the place of employment to his residence after performing duty, shall be deemed to have arisen out
of and in the course of employment if nexus between the circumstances, time and place in which the
accident occurred and the employment is established.]
3[52. Dependant’s benefit.—(1) If an insured person dies as a result of an employment injury
sustained as an employee under this Act (whether or not he was in receipt of any periodical payment for
temporary disablement in respect of the injury) dependant’s benefit shall be payable [4][at such rates and
for such periods and subject to such conditions as may be prescribed by the Central Government] to his
dependants specified in [5][sub-clause (i), sub-clause (ia) and] sub-clause (ii) of clause (6A) of section 2.
(2) In case the insured person dies without leaving behind him the dependants as aforesaid, the
dependants’ benefit shall be paid to the other dependants of the deceased [4][at such rates and for such
period and subject to such conditions as may be prescribed by the Central Government].
**52A. Occupational disease.—(1) If an employee employed in any employment specified in Part A of**
the Third Schedule contracts any disease specified therein as an occupational disease peculiar to that
employment, or if an employee employed in the employment specified in Part B of that Schedule for a
continuous period of not less than six months contracts any disease specified therein as an occupational
disease peculiar to that employment or if an employee employed in any employment specified in Part C
of that Schedule for such continuous period as the Corporation may specify in respect of each such
employment, contracts any disease specified therein as an occupational disease peculiar to that
employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an
“employment injury” arising out of and in the course of employment.
(2) (i) Where the Central Government or a State Government, as the case may be, adds any
description of employment to the employments specified in Schedule III to the Workmen’s Compensation
Act, 1923 (8 of 1923), by virtue of the powers vested in it under sub-section (3) of section 3 of the said
Act, the said description of employment and the occupational diseases specified under that sub-section as
peculiar to that description of employment shall be deemed to form part of the Third Schedule.
1. Subs. by Act 18 of 2010, s. 12, for “insured person” (w.e.f. 1-6-2010).
2. Ins. by s. 13, ibid. (w.e.f. 1-6-2010).
3. Subs. by Act 44 of 1966, s. 24, for section 52 (w.e.f. 28-1-1968).
4. Subs. by Act 29 of 1989, s. 21, for “in accordance with the provisions of the First Schedule” (w.e.f. 1-2-1991).
5. Subs. by s. 21, ibid., for “sub-clause (i) and” (w.e.f. 1-2-1991).
27
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(ii) Without prejudice to the provisions of clause (i), the Corporation after giving, by notification in
the Official Gazette, not less than three months’ notice of its intention so to do, may, by a like
notification, add any description of employment to the employments specified in the Third Schedule and
shall specify in the case of employments so added the diseases which shall be deemed for the purposes of
this section to be occupational diseases peculiar to those employments respectively and thereupon the
provisions of this Act shall apply, as if such diseases had been declared by this Act to be occupational
diseases peculiar to those employments.
(3) Save as provided by sub-sections (1) and (2), no benefit shall be payable to an employee in respect
of any disease unless the disease is directly attributable to a specific injury by accident arising out of and
in the course of his employment.
(4) The provisions of section 51A shall not apply to the cases to which this section applies.]
1[53. Bar against receiving or recovery of compensation or damages under any other law.—An
insured person or his dependants shall not be entitled to receive or recover, whether from the employer of
the insured person or from any other person, any compensation or damages under the Workmen’s
Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect
of an employment injury sustained by the insured person as an employee under this Act.]
2[54. Determination of question of disablement.—Any question—
(a) whether the relevant accident has resulted in permanent disablement; or
(b) whether the extent of loss of earning capacity can be assessed provisionally or finally; or
(c) whether the assessment of the proportion of the loss of earning capacity is provisional or final;
or
(d) in the case of provisional assessment, as to the period for which such assessment shall hold
good,
shall be determined by a medical board constituted in accordance with the provisions of the regulations
and any such question shall hereafter be referred to as the “disablement question”.
**54A. References to medical boards and appeals to medical appeal tribunals and Employees’**
**Insurance Courts.—(1) The case of any insured person for permanent disablement benefit shall be**
referred by the Corporation to a medical board for determination of the disablement question and if, on
that or any subsequent reference, the extent of loss of earning capacity of the insured person is
provisionally assessed, it shall again be so referred to the medical board not later than the end of the
period taken into account by the provisional assessment.
(2) If the insured person or the Corporation is not satisfied with the decision of the medical board, the
insured person or the Corporation may appeal in the prescribed manner and within the prescribed time
to—
(i) the medical appeal tribunal constituted in accordance with the provisions of the regulations
with a further right of appeal in the prescribed manner and within the prescribed time to the
Employees’ Insurance Court, or
(ii) the Employees’ Insurance Court directly:]
3[Provided that no appeal by an insured person shall lie under this sub-section if such person has
applied for commutation of disablement benefit on the basis of the decision of the medical board and
received the commuted value of such benefit:
Provided further that no appeal by the Corporation shall lie under this sub-section if the Corporation
paid the commuted value of the disablement benefit on the basis of the decision of the medical board.]
1. Subs. by Act 44 of 1966, s. 25, for section 53 (w.e.f. 28-1-1968).
2. Subs. by s. 26, ibid., for section 54 (w.e.f 28-1-1968).
3. Ins. by Act 29 of 1989, s. 22 (w.e.f. 20-10-1989).
28
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1[55. Review of decisions by medical board or medical appeal tribunal.—(1) Any decision under
this Act of a medical board or a medical appeal tribunal may be reviewed at any time by the medical
board or the medical appeal tribunal, as the case may be, if it is satisfied by fresh evidence that the
decision was given in consequence of the non-disclosure or misrepresentation by the employee or any
other person of a material fact (whether the non-disclosure or misrepresentation was or was not
fraudulent).
(2) Any assessment of the extent of the disablement resulting from the relevant employment injury
may also be reviewed by a medical board, if it is satisified that since the making of the assessment there
has been a substantial and unforeseen aggravation of the results of the relevant injury:
Provided that an assessment shall not be reviewed under this sub-section unless the medical board is
of opinion that having regard to the period taken into account by the assessment and the probable duration
of the aggravation aforesaid, substantial injustice will be done by not reviewing it.
(3) Except with the leave of a medical appeal tribunal, an assessment shall not be reviewed under
sub-section (2) on any application made less than five years, or in the case of a provisional assessment,
six months, from the date thereof and on such a review the period to be taken into account by any revised
assessment shall not include any period before the date of the application.
(4) Subject to the foregoing provisions of this section, a medical board day deal with a case of review
in any manner in which it could deal with it on an original reference to it, and in particular may make a
provisional assessment notwithstanding that the assessment under review was final; and the provisions of
section 54A shall apply to an application for review under this section and to a decision of a medical
board in connection with such application as they apply to a case for disablement benefit under that
section and to a decision of the medical board in connection with such case.
**55A. Review of dependants’ benefit.—(1) Any decision awarding dependants’ benefit under this**
Act may be reviewed at any time by the Corporation if it is satisfied by fresh evidence that the decision
was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a
material fact (whether the non-disclosure or misrepresentation was or was not fraudulent) or that the
decision is no longer in accordance with this Act due to any birth or death or due to the marriage,
re-marriage or cesser of infirmity of, or attainment of the age of eighteen years by a claimant.
(2) Subject to the provisions of this Act, the Corporation may, on such review as aforesaid, direct that
the dependants’ benefit be continued, increased, reduced or discontinued.]
**56. Medical benefit.—(1) An insured person or (where such medical benefit is extended to his**
family) a member of his family whose condition requires medical treatment and attendance shall be
entitled to receive medical benefit.
(2) Such medical benefit may be given either in the form of out-patient treatment and attendance in a
hospital or dispensary, clinic or other institution or by visits to the home of the insured person or
treatment as in-patient in a hospital or other institution.
(3) A person shall be entitled to medical benefit during any [2][Period] for which contributions are
payable in respect of him or in which he is qualified to claim sickness benefit or maternity benefit [3][or is
in receipt of such disablement benefit as does not disentitle him to medical benefit under the regulations]:
Provided that a person in respect of whom contribution ceases to be payable under this Act may be
allowed medical benefit for such period and of such nature as may be provided under the regulations:
4[Provided further that an insured person who ceases to be in insurable employment on account of
permanent disablement shall continue, subject to payment of contribution and such other conditions as
may be prescribed by the Central Government, to receive medical benefit till the date on which he would
1. Subs. by Act 44 of 1966, s. 27, for section 55 (w.e.f. 28-1-1968).
2. Subs. by Act 45 of 1984, s. 8, for “week” (w.e.f. 27-1-1985).
3. Subs. by Act 53 of 1951, s. 17, for “or, as provided under the regulations, is in receipt of disablement benefit”
(w.e.f. 6-10-1951).
4. Ins. by Act 29 of 1989, s. 23 (w.e.f. 1-2-1991).
29
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have vacated the employment on attaining the age of superannuation had he not sustained such permanent
disablement:
1[Provided also that an insured person, who has attained the age of superannuation, and his spouse
shall be eligible to receive medical benefit subject to payment of contribution and such other conditions as
may be prescribed by the Central Government.]
_Explanation.—In this section, “superannuation”, in relation to an insured person, means the_
attainment by that person of such age as is fixed in the contract or conditions of service as the age on the
attainment of which he shall vacate the insurable employment or the age of sixty years where no such age
is fixed and the person is no more in the insurable employment.]
**57. Scale of medical benefit.—(1) An insured person and (where such medical benefit is extended to**
his family) his family shall be entitled to receive medical benefit only of such kind and on such scale as
may be provided by the State Government or by the Corporation, and an insured person or, where such
medical benefit is extended to his family, his family shall not have a right to claim any medical treatment
except such as is provided by the dispensary, hospital, clinic or other institution to which he or his family
is allotted, or as may be provided by the regulations.
(2) Nothing in this Act shall entitle an insured person and (where such medical benefit is extended to
his family) his family to claim reimbursement from the Corporation of any expenses incurred in respect of
any medical treatment, except as may be provided by the regulations.
**58. Provision of medical treatment by State Government.—(1) The State Government shall**
provide for insured persons and (where such medical benefit is extended to his families) their families in
the State, reasonable medical, surgical and obstetric treatment:
Provided that the State Government may, with the approval of the Corporation, arrange for medical
treatment at clinics of medical practitioners on such scale and subject to such terms and conditions as may
be agreed upon.
(2) Where the incidence of sickness benefit payment to insured persons in any State is found to
exceed the all-India average, the amount of such excess shall be shared between the Corporation and the
State Government in such proportion as may be fixed by agreement between them:
Provided that the Corporation may in any case waive the recovery of the whole or any part of the
share which is to be borne by the State Government.
(3) The Corporation may enter into an agreement with a State Government in regard to the nature and
scale of the medical treatment that should be provided to insured persons and (where such medical benefit
is extended to the families) their families (including provision of buildings, equipment, medicines and
staff) and for the sharing of the cost thereof and of any excess in the incidence of sickness benefit to
insured persons between the Corporation and the State Government.
(4) In default of agreement between the Corporation and any State Government as aforesaid the
nature and extent of the medical treatment to be provided by the State Government and the proportion in
which the cost thereof and of the excess in the incidence of sickness benefit shall be shared between the
Corporation and that Government, shall be determined by an arbitrator (who shall be or shall have been a
Judge of the [2][High Court [3][of a State]]) appointed by the Chief Justice of India and the award of the
arbitrator shall be binding on the Corporation and the State Government.
4[(5) The State Government may, in addition to the Corporation under this Act, with the previous
approval of the Central Government, establish such organisation (by whatever name called) to provide for
certain benefits to employees in case of sickness, maternity and employment injury:
Provided that any reference to the State Government in the Act shall also include reference to the
organisation as and when such organisation is established by the State Government.
1. Subs. by Act 18 of 2010, s. 14, for the proviso (w.e.f. 1-6-2010).
2. Subs. by the A.O. 1950, for “High Court of a Province”.
3. Subs. by Act 53 of 1951, s. 18, for “for a Part A State” (w.e.f. 6-10-1951).
4. Ins. by Act 18 of 2010, s. 15 (w.e.f. 1-6-2010).
30
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(6) The organisation referred to in sub-section (5) shall have such structure and discharge functions,
exercise powers and undertake such activities as may be prescribed.]
**59. Establishment and maintenance of hospitals, etc., by Corporation.—(1) The Corporation**
may, with the approval of the State Government, establish and maintain in a State such hospitals,
dispensaries and other medical and surgical services as it may think fit for the benefit of insured persons
and (where such medical benefit is extended to their families) their families.
(2) The Corporation may enter into agreement with any [1]*** local authority, private body or
individual in regard to the provision of medical treatment and attendance for insured persons and (where
such medical benefit is extended to their families) their families, in any area and sharing the cost thereof.
2[(3) The Corporation may also enter into agreement with any local authority, local body or private
body for commissioning and running Employees’ State Insurance hospitals through third party
participation for providing medical treatment and attendance to insured persons and where such medical
benefit has been extended to their families, to their families.]
3[59A. Provision of medical benefit by the Corporation in lieu of State Government.—(1)
Notwithstanding anything contained in any other provision of this Act, the Corporation may, in
consultation with the State Government, undertake the responsibility for providing medical benefit to
insured persons and where such medical benefit is extended to their families, to the families of such
insured persons in the State subject to the condition that the State Government shall share the cost of such
medical benefit in such proportion as may be agreed upon between the State Government and the
Corporation.
(2) In the event of the Corporation exercising its power under sub-section (1), the provisions relating
to medical benefit under this Act shall apply, so far as may be, as if a reference therein to the State
Government were a reference to the Corporation.]
**4[59B. Medical and para-medical education.—The Corporation may establish medical colleges,**
nursing colleges and training institutes for its para-medical staff and other employees with a view to
improve the quality of services provided under the Employees’ State Insurance Scheme.]
# General
**60. Benefit not assignable or attachable.—(1) The right to receive any payment of any benefit**
under this Act shall not be transferable or assignable.
(2) No cash benefit payable under this Act shall be liable to attachment or sale in execution of any
decree or order of any Court.
**61. Bar of benefits under other enactments.—When a person is entitled to any of the benefits**
provided by this Act, he shall not be entitled to receive any similar benefit admissible under the
provisions of any other enactment.
**62. Persons not to commute cash benefits.—Save as may be provided in the regulations no person**
shall be entitled to commute for a lump sum any [5][disablement benefit] admissible under this Act.
6[63. Persons not entitled to receive benefit in certain cases.—Save as may be provided in the
regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary
disablement on any day on which he works or remains on leave or on a holiday in respect of which he
receives wages or on any day on which he remains on strike.]
1. The words and letter “Part B State” omitted by the A.O. (No. 4) 1957 (w.e.f. 1-11-1956).
2. Ins. by Act 18 of 2010, s. 16 (w.e.f. 1-6-2010).
3. Ins. by Act 44 of 1966, s. 28 (w.e.f. 17-6-1967).
4. Ind. by Act 18 of 2010, s. 17 (w.e.f. 1-6-2010).
5. Subs. by Act 29 of 1989, s. 24, for “periodical payment” (w.e.f. 20-10-1989).
6. Subs. by s. 25, ibid., for section 63 (w.e.f. 20-10-1989).
31
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**64. Recipients of sickness or disablement benefit to observe conditions.—A person who is in**
receipt of sickness benefit or disablement benefit (other than benefit granted on permanent
disablement)—
(a) shall remain under medical treatment at a dispensary, hospital, clinic or other institution
provided under this Act and shall carry out the instructions given by the medical officer or medical
attendant in charge thereof;
(b) shall not while under treatment do anything which might retard or prejudice his chances of
recovery;
(c) shall not leave the area in which medical treatment provided by this Act is being given,
without the permission of the medical officer, medical attendant or such other authority as may be
specified in this behalf by the regulations; and
(d) shall allow himself to be examined by any duly appointed medical officer [1]*** or other person
authorised by the Corporation in this behalf.
**65. Benefits not to be combined.—(1) An insured person shall not be entitled to receive for the same**
period—
(a) both sickness benefit and maternity benefit; or
(b) both sickness benefit and disablement benefit for temporary disablement; or
(c) both maternity benefit and disablement benefit for temporary disablement.
(2) Where a person is entitled to more than one of the benefits mentioned in sub-section (1), he shall
be entitled to choose which benefit he shall receive.
**66. [Corporation’s right to recover damages from employer in certain cases.]** _Omitted by the_
_Employees’ State Insurance (Amendment) Act, 1966 (44 of 1966), s. 29 (w.e.f. 17-6-1967)._
**67. [Corporation’s right to be indemnified in certain cases.] Omitted by** _s. 29, ibid. (w.e.f. 17-6-1967)._
**68. Corporation’s rights where a principal employer fails or neglects to pay any**
**contribution.—(1) If any principal employer fails or neglects to pay any contribution which under this**
Act he is liable to pay in respect of any employee and by reason thereof such person becomes disentitled
to any benefit or entitled to a benefit on a lower scale, the Corporation may, on being satisfied that the
contribution should have been paid by the principal employer, pay to the person the benefit at the rate to
which he would have been entitled if the failure or neglect had not occurred and the Corporation shall be
entitled to recover from the principal employer either—
2[(i) the difference between the amount of benefit which is paid by the Corporation to the said
person and the amount of the benefit which would have been payable on the basis of the contributions
which were in fact paid by the employer; or]
(ii) twice the amount of the contribution which the employer failed or neglected to pay,
whichever is greater.
(2) The amount recoverable under this section may be recovered as if it were an arrear of
land-revenue [3][or under section 45C to section 45-I.]
**69. Liability of owner or occupier of factories, etc., for excessive sickness benefit.—(1) Where the**
Corporation considers that the incidence of sickness among insured persons is excessive by reason of—
(i) insanitary working conditions in a factory or establishment or the neglect of the owner or
occupier of the factory or establishment to observe any health regulations enjoined on him by or
under any enactment, or
1. The words “or sick visitor” omitted by Act 29 of 1989, s. 26 (w.e.f. 20-10-1989).
2. Subs. by Act 53 of 1951, s. 19, for clause (i) (w.e.f. 6-10-1951).
3. Added by Act 29 of 1989, s. 27 (w.e.f. 20-10-1989).
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(ii) insanitary conditions of any tenements or lodgings occupied by insured persons and such
insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to
observe any health regulations enjoined on him by or under any enactment,
the Corporation may send to the owner or occupier of the factory or establishment or to the owner of the
tenements or lodgings, as the case may be, a claim for the payment of the amount of the extra expenditure
incurred by the Corporation as sickness benefit; and if the claim is not settled by agreement, the
Corporation may refer the matter, with a statement in support of its claim, to the appropriate Government.
(2) If the appropriate Government is of opinion that a prima facie case for inquiry is disclosed, it may
appoint a competent person or persons to hold an inquiry into the matter.
(3) if upon such inquiry it is proved to the satisfaction of the person or persons holding the inquiry
that the excess in incidence of sickness among the insured persons is due to the default or neglect of the
owner or occupier of the factory or establishment or the owner of the tenements or lodgings, as the case
may be, the said person or persons shall determine the amount of the extra expenditure incurred as
sickness benefit, and the person or persons by whom the whole or any part of such amount shall be paid
to the Corporation.
(4) A determination under sub-section (3) may be enforced as if it were a decree for payment of
money passed in a suit by a Civil Court.
(5) For the purposes of this section, “owner” of tenements or lodgings shall include any agent of the
owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the
owner.
**70. Repayment of benefit improperly received.—(1) Where any person has received any benefit or**
payment under this Act when he is not lawfully entitled thereto, he shall be liable to repay to the
Corporation the value of the benefit or the amount of such payment, or in the case of his death his
representative shall be liable to repay the same from the assets of the deceased, if any, in his hands.
(2) The value of any benefits received other than cash payments shall be determined by such authority
as may be specified in the regulations made in this behalf and the decision of such authority shall be final.
(3) The amount recoverable under this section may be recovered as if it were an arrear of
land-revenue. [1][or under section 45 C to section 45-I].
**71. Benefit payable up to and including day of death.—[2][Except as provided in the proviso to**
sub-section (2) of section 50, if a person dies] during any period for which he is entitled to a cash benefit
under this Act, the amount of such benefit up to and including the day of his death shall be paid to any
person nominated by the deceased person in writing in such form as may be specified in the regulations or
if there is no such nomination, to the heir or legal representative of the deceased person.
**72. Employer not to reduce wages, etc.—No employer by reason only of his liability for any**
contributions payable under this Act shall, directly or indirectly reduce the wages of any employee, or
except as provided by the regulations, discontinue or reduce benefits payable to him under the conditions
of his service which are similar to the benefits conferred by this Act.
**73. Employer not to dismiss or punish employee during period of sickness, etc.—(1) No**
employer shall dismiss, discharge, or reduce or otherwise punish an employee during the period the
employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the
regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in
receipt disablement benefit for temporary disablement or is under medical treatment for sickness or is
absent from work as a result of illness duly certified in accordance with the regulations to arise out of the
pregnancy or confinement rendering the employee unfit for work.
(2) No notice of dismissal or discharge or reduction given to an employee during the period specified
in sub-section (1) shall be valid or operative.
1. Added by Act 29 of 1989, s. 27 (w.e.f. 20-10-1989).
2. The words in bracket shall stand substituted “If a person dies” by s. 28, ibid. (date to be notified).
33
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1[CHAPTER VA
SCHEME FOR OTHER BENEFICIARIES
**73A. Definitions.—In this Chapter,**
(a) “other beneficiaries” means persons other than the person insured under this Act;
(b) “Scheme” means any Scheme framed by the Central Government from time to time under
section 73B for the medical facility for other beneficiaries;
(c) “underutilised hospital” means any hospital not fully utilised by the persons insured under this
Act;
(d) “user charges” means the amount which is to be charged from the other beneficiaries for
medical facilities as may be notified by the Corporation in consultation with the Central Government
from time to time.]
**73B. Power to frame Scheme.—Notwithstanding anything contained in this Act, the Central**
Government may, by notification in the Official Gazette, frame Scheme for other beneficiaries and the
members of their families for providing medical facility in any hospital established by the Corporation in
any area which is underutilised on payment of user charges.
**73C. Collection of user charges.—The user charges collected from the other beneficiaries shall be**
deemed to be the contribution and shall form part of the Employees’ State Insurance Fund.
**73D. Scheme for other beneficiaries.—The Scheme may provide for all or any of the following**
matters, namely:—
(i) the other beneficiaries who may be covered under this Scheme;
(ii) the time and manner in which the medical facilities may be availed by the other beneficiaries;
(iii) the form in which the other beneficiary shall furnish particulars about himself and his family
whenever required as may be specified by the Corporation;
(iv) any other matter which is to be provided for in the Scheme or which may be necessary or
proper for the purpose of implementing the Scheme.
**73E. Power to amend Scheme.—The Central Government may, by notification in the Official**
Gazette, add to, amend, vary or rescind the Scheme.
**73F. Laying of Scheme framed under this Chapter.—Every Scheme framed under this Chapter**
shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for
a total period of thirty days which may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the Scheme or both Houses agree that the
Scheme should not be made, the Scheme shall thereafter have effect only in such modified form or to be
of no effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that Scheme.]
CHAPTER VI
ADJUDICATION OF DISPUTE AND CLAIMS
**74. Constitution of Employees’ Insurance Court.—(1) The State Government shall, by notification**
in the Official Gazette, constitute an Employees’ Insurance Court for such local area as may be specified
in the notification.
1. Subs. by Act 18 of 2010, s. 18, for Chapter VA (w.e.f. 1-6-2010).
34
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(2) The Court shall consist of such number of Judges as the State Government may think fit.
(3) Any person who is or has been a judicial officer or is a legal practitioner of five years’ standing
shall be qualified to be a Judge of the Employees’ Insurance Court.
(4) The State Government may appoint the same Court for two or more local areas or two or more
Courts for the same local area.
(5) Where more than one Court has been appointed for the same local area, the State Government
may by general or special order regulate the distribution of business between them.
**75. Matters to be decided by Employees’ Insurance Court.—(1) If any question or dispute arises**
as to—
(a) whether any person is an employee within the meaning of this Act or whether he is liable to
pay the employee’s contribution, or
(b) the rate of wages or average daily wages of an employee for the purposes of this Act, or
(c) the rate of contribution payable by a principal employer in respect of any employee, or
(d) the person who is or was the principal employer in respect of any employee, or
(e) the right of any person to any benefit and as to the amount and duration thereof, or
1[(ee) any direction issued by the Corporation under section 55A on a review of any payment of
dependant’s benefits, or]
2* - - -
(g) any other matter which is in dispute between a principal employer and the Corporation, or
between a principal employer and an immediate employer, or between a person and the Corporation
or between an employee and a principal or immediate employer in respect of any contribution or
benefit or other dues payable or recoverable under this Act [3][or any other matter required to be or
which may be decided by the Employees’ Insurance Court under this Act],
such question or dispute [4][subject to the provisions of sub-section (2A)] shall be decided by the
Employees’ Insurance Court in accordance with the provisions of this Act.
(2) [4][Subject to the provisions of sub-section (2A), the following claims] shall be decided by the
Employees’ Insurance Court, namely:—
(a) claim for the recovery of contributions from the principal employer;
(b) claim by a principal employer to recover contributions from any immediate employer;
2* - - -
(d) claim against a principal employer under section 68;
(e) claim under section 70 for the recovery of the value or amount of the benefits received by a
person when he is not lawfully entitled thereto; and
(f) any claim for the recovery of any benefit admissible under this Act.
3[(2A) If in any proceedings before the Employees’ Insurance Court a disablement question arises and
the decision of a medical board or a medical appeal tribunal has not been obtained on the same and the
decision of such question is necessary for the determination of the claim or question before the
Employees’ Insurance Court, that Court shall direct the Corporation to have the question decided by this
Act and shall thereafter proceed with the determination of the claim or question before it in accordance
with the decision of the medical board or the medical appeal tribunal, as the case may be, except where an
1. Subs. by Act 44 of 1966, s. 32, for clause (ee) (w.e.f. 28-1-1968).
2. Omitted by s. 32, ibid. (w.e.f. 28-1-1968).
3. Ins. by s. 32, ibid. (w.e.f. 28-1-1968).
4. Subs. by s. 32, ibid., for “The following claims” (w.e.f. 28-1-1968).
35
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appeal has been filed before the Employees’ Insurance Court under sub-section (2) of section 54A in
which case the Employees’ Insurance Court may itself determine all the issues arising before it.
1[(2B) No matter which is in dispute between a principal employer and the Corporation in respect of
any contribution or any other dues shall be raised by the principal employer in the Employees’ Insurance
Court unless he has deposited with the Court fifty per cent. of the amount due from him as claimed by the
Corporation:
Provided that the Court may, for reasons to be recorded in writing, waive or reduce the amount to be
deposited under this sub-section.]
(3) No Civil Court shall have jurisdiction to decide or deal with any question or dispute as aforesaid
or to adjudicate on any liability which by or under this Act is to be decided by [2][a medical board, or by a
medical appeal tribunal or by the Employees’ Insurance Court].
**76. Institution of proceedings, etc.—(1) Subject to the provisions of this Act and any rules made by**
the State Government, all proceedings before the Employees’ Insurance Court shall be instituted in the
Court appointed for the local area in which the insured person was working at the time the question or
dispute arose.
(2) If the Court is satisfied that any matter arising out of any proceeding pending before it can be
more conveniently dealt with by any other Employees’ Insurance Court in the same State, it may, subject
to any rules made by the State Government in this behalf, order such matter to be transferred to such other
Court for disposal and shall forthwith transmit to such other Court the records connected with that matter.
(3) The State Government may transfer any matter pending before any Employees’ Insurance Court
in the State to any such Court in another State with the consent of the State Government of that State.
(4) The Court to which any matter is transferred under sub-section (2) or sub-section (3) shall
continue the proceedings as if they had been originally instituted in it.
**77. Commencement of proceedings.—(1) The proceedings before an Employees’ Insurance Court**
shall be commenced by application.
3[(1A) Every such application shall be made within a period of three years from the date on which the
cause of action arose.
_Explanation.—For the purpose of this sub-section,—_
(a) the cause of action in respect of a claim for benefit shall not be deemed to arise unless the
insured person or in the case of dependants’ benefit, the dependants of the insured person claims or
claim that benefit in accordance with the regulations made in that behalf within a period of twelve
months after the claim became due or within such further period as the Employees’ Insurance Court
may allow on grounds which appear to it to be reasonable];
4[(b) the cause of action in respect of a claim by the Corporation for recovering contributions
(including interest and damages) from the principal employer shall be deemed to have arisen on the
date on which such claim is made by the Corporation for the first time:
Provided that no claim shall be made by the Corporation after five years of the period to
which the claim relates;
(c) the cause of action in respect of a claim by the principal employer for recovering contributions
from an immediate employer shall not be deemed to arise till the date by which the evidence of
contributions having been paid is due to be received by the Corporation under the regulations.]
1. Ins. by Act 29 of 1989, s. 29 (w.e.f. 20-10-1989).
2. Subs. by Act 44 of 1966, s. 32, for “the Employees' Insurance Court” (w.e.f. 28-1-1968).
3. Ins. by s. 33, ibid. (w.e.f. 28-1-1968).
4. Subs. by Act 29 of 1989, s. 30, for clause (b) (w.e.f. 20-10-1989).
36
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(2) Every such application shall be in such form and shall contain such particulars and shall be
accompanied by such fee, if any, as may be prescribed by rules made by the State Government in
consultation with the Corporation.
**78. Powers of Employees’ Insurance Court.—(1) The Employees’ Insurance Court shall have all**
the powers of a Civil Court for the purposes of summoning and enforcing the attendance of witnesses,
compelling the discovery and production of documents and material objects, administering oath and
recording evidence and such Court shall be deemed to be a Civil Court within the meaning of [1][section
195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).]
(2) The Employees’ Insurance Court shall follow such procedure as may be prescribed by rules made
by the State Government.
(3) All costs incidental to any proceeding before an Employees’ Insurance Court shall, subject to such
rules as may be made in this behalf by the State Government, be in the discretion of the Court.
(4) An order of the Employees’ Insurance Court shall be enforceable as if it were a decree passed in a
suit by a Civil Court.
**79. Appearance by legal practitioners, etc.—Any application, appearance or act required to be**
made or done by any person to or before an Employees’ Insurance Court (other than appearance of a
person required for the purpose of his examination as a witness) may be made or done by a legal
practitioner or by an officer of a registered trade union authorized in writing by such person or with the
permission of the Court, by any other person so authorized.
**80. [Benefit not admissible unless claimed in time.]** _Omitted by the Employees’ State Insurance_
(Amendment) Act, 1966 (44 of 1966), s. 34 (w.e.f. 28-1- 1968).
**81. Reference to High Court.—An Employees’ Insurance Court may submit any question of law for**
the decision of the High Court and if it does so shall decide the question pending before it in accordance
with such decision.
**82. Appear.—(1) Save as expressly provided in this section, no appeal shall lie from an order of an**
Employees’ Insurance Court.
(2) An appeal shall lie to the High Court from an order of an Employees’ Insurance Court if it
involves a substantial question of law.
(3) The period of limitation for an appeal under this section shall be sixty days.
(4) The provisions of section 5 and 12 of the [2][Limitation Act, 1963 (36-6-1963)] shall apply to
appeals under this section.
**83. Stay of payment pending appeal.—Where the Corporation has presented an appeal against an**
order of the Employees’ Insurance Court, that Court may, and if so directed by the High Court shall,
pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order
appealed against.
CHAPTER VII
PENALTIES
**84. Punishment for false statement.—Whoever, for the purpose of causing any increase in payment**
or benefit under this Act, or for the purpose of causing any payment or benefit to be made where no
payment or benefit is authorised by or under this Act, or for the purpose of avoiding any payment to be
made by himself under this Act or enabling any other person to avoid any such payment, knowingly
makes or causes to be made any false statement or false representation, shall be punishable with
1. Subs. by Act 45 of 1984, s. 9, for “section 195 Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898)”
(w.e.f. 27-1-1985).
2. Subs. by Act 29 of 1989, s. 31, for “Indian Limitation Act, 1908 (9 of 1908)” (w.e.f. 20-10-1989).
37
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imprisonment for a term which may extend to [1][six months] or with fine not exceeding [2][two thousand]
rupees, or with both:
3[Provided that where an insured person is convicted under this section, he shall not be entitled for
any cash benefit under this Act for such period as may be prescribed by the Central Government].
**85. Punishment for failure to pay contributions, etc.—If any person—**
(a) fails to pay any contribution which under this Act he is liable to pay, or
(b) deducts or attempts to deduct from the wages of an employee the whole or any part of the
employer’s contribution, or
(c) in contravention of section 72 reduces the wages or any privileges or benefits admissible to an
employee, or
(d) in contravention of section 73 or any regulation dismisses, discharges, reduces or otherwise
punishes an employee, or
(e) fails or refuses to submit any return required by the regulations, or makes a false return, or
(f) obstructs any Inspector or other official of the Corporation in the discharge of his duties, or
(g) is guilty of any contravention of or non-compliance with any of the requirements of this Act
or the rules or the regulations in respect of which no special penalty is provided,
4[he shall be punishable—
5[(i) where he commits an offence under clause (a), with imprisonment for a term which may
extend to three years but—
(a) which shall not be less than one year, in case of failure to pay the employee’s contribution
which has been deducted by him from the employee’s wages and shall also be liable to fine of ten
thousand rupees;
(b) which shall not be less than six months, in any other case and shall also be liable to fine of
five thousand rupees:
Provided that the Court may, for any adequate and special reasons to be recorded in the judgment,
impose a sentence of imprisonment for a lesser term;
(ii) where he commits an offence under any of the clauses (b) to (g) (both inclusive), with
imprisonment for a term which may extend to one year or with fine which may extend to four thousand
rupees, or with both.]
6[85A. Enhanced punishment in certain cases after previous conviction.—Whoever, having been
convicted by a court of an offence punishable under this Act, commits the same offence shall, for every
such subsequent offence, be punishable with imprisonment for a term which may extend to [7][two years
and with fine of five thousand rupees]:
Provided that where such subsequent offence is for failure by the employer to pay any contribution
which under this Act he is liable to pay, he shall, for every such subsequent offence, be punishable with
imprisonment for a term which may extend to [8][five years but which shall not be less than two years and
shall also be liable to fine of twenty-five thousand rupees].
1. Subs. by Act 29 of 1989, s. 32, for “three months” (w.e.f. 20-10-1989).
2. Subs. by s. 32, ibid., for “five hundred” (w.e.f. 20-10-1989).
3. The proviso shall stand Inserted (date to be notified) by s. 32, ibid.
4. Subs. by Act 38 of 1975, s. 4, for certain words (w.e.f. 1-9-1975).
5. Subs. by Act 29 of 1989, s. 33, for clauses (i) and (ii) (w.e.f. 20-10-1989).
6. Ins. by Act 38 of 1975, s. 5 (w.e.f. 1-9-1975).
7. Subs. by Act 29 of 1989, s. 34, for “one year or with fine which may extend to two thousand rupees, or both”
(w.e.f. 20-10-1989).
8. Subs. by s. 35, ibid., for certain words (w.e.f. 20-10-1989).
38
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**85B. Power to recover damages.—(1) Where an employer fails to pay the amount due in respect of**
any contribution or any other amount payable under this Act, the Corporation may recover, [1][from the
employer by way of penalty such damages not exceeding the amount of arrears as may be specified in the
regulations]:
Provided that before recovering such damages, the employer shall be given a reasonable opportunity
of being heard:
2[Provided further that the Corporation may reduce or waive the damages recoverable under this
section in relation to an establishment which is a sick industrial company in respect of which a scheme for
rehabilitation has been sanctioned by the Board for Industrial and Financial Reconstruction established
under section 4 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), subject to
such terms and conditions as may be specified in regulations.]
(2) Any damages recoverable under sub-section (1) may be recovered as an arrear of land revenue
2[or under section 45C to section 45-I].
**85C. Power of Court to make orders.—(1) Where an employer is convicted of an offence for**
failure to pay any contribution payable under this Act, the Court may, in addition to awarding any
punishment, by order, in writing, require him within a period specified in the order (which the Court may
if it thinks fit and on application in that behalf, from time to time, extend), to pay the amount of
contribution in respect of which the offence was committed, [3][and to furnish the return relating to such
contributions].
(2) Where an order is made under sub-section (1), the employer shall not be liable under this Act in
respect of the continuation of the offence during the period or extended period, if any, allowed by the
Court, but if, on the expiry of such period or extended period, as the case may be, the order of the Court
has not been fully complied with, the employer shall deemed to have committed a further offence and
shall be punishable with imprisonment in respect thereof under section 85 and shall also be liable to pay
fine which may extend to [4][one thousand] rupees for every day after such expiry on which the order has
not been complied with.]
**86. Prosecutions.—(1) No prosecution under this Act shall be instituted except by or with the**
previous sanction of the Insurance Commissioner [5][or of such other officer of the Corporation as may be
authorised in this behalf by the [6][Director General of the Corporation]].
7[(2) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the First Class
shall try any offence under this Act.]
(3) No Court shall take cognizance of any offence under this Act except on a complaint made in
writing in respect thereof [8]***.
9[86A. Offences by companies.—(1) If the person committing an offence under this Act is a
company, every person, who at the time the offence was committed was in charge of, and was responsible
to, the company for the conduct of the business of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to any punishment,
if he proves that the offence was committed without his knowledge or that he exercised all due diligence
to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director
1. Subs. by Act 29 of 1989, s. 35, for certain words (w.e.f. 1-1-1992).
2. Ins. by s. 35, ibid. (w.e.f. 1-1-1992).
3. Added by s. 36, ibid. (w.e.f. 20-10-1989).
4. Subs. by s, 36, ibid., for “one hundred” (w.e.f. 20-10-1989).
5. Added by Act 53 of 1951, s. 22 (w.e.f. 6-10-1951).
6. Subs. by Act 44 of 1966, s. 35, for “Central Government” (w.e.f. 17-6-1967).
7. Subs. by Act 29 of 1989, s. 37, for sub-section (2) (w.e.f. 20-10-1989).
8. Certain words omitted by s. 37, ibid. (w.e.f. 20-10-1989).
9. Ins. by s. 38, ibid. (w.e.f. 20-10-1989).
39
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or manager, secretary or other officer of the company, such director, manager, secretary or other officer
shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
_Explanation.—For the purposes of this section,—_
(i) “company” means any body corporate and includes a firm and other associations of
individuals; and
(ii) “director” in relation to—
(a) a company, other than a firm, means the managing director or a whole-time director;
(b) a firm means a partner in the firm.]
CHAPTER VIII
MISCELLANEOUS
**87. Exemption of a factory or establishment or class of factories or establishments.—The**
appropriate Government, may, by notification in the Official Gazette and subject to such conditions as
may be specified in the notification, exempt any factory or establishment or class of factories or
establishments in any specified area from the operation of this Act for a period not exceeding one year
and may from time to time by like notification renew any such exemption for periods not exceeding one
year at a time.
1[Provided that such exemptions may be granted only if the employees in such factories or
establishments are otherwise in receipt of benefits substantially similar or superior to the benefits
provided under this Act:
Provided further that an application for renewal shall be made three months before the date of expiry
of the exemption period and a decision on the same shall be taken by the appropriate Government within
two months of receipt of such application.]
**88. Exemption of persons or class of persons.—The appropriate Government may, by notification**
in the Official Gazette and subject to such conditions as it may deem fit to impose, exempt any persons or
class of persons employed in any factory or establishment or class of factories or establishments to which
this Act applies from the operation of the Act.
**89. Corporation to make representation.—No exemption shall be granted or renewed under**
section 87 or section 88, unless a reasonable opportunity has been given to the Corporation to make any
representation it may wish to make in regard to the proposal and such representation has been considered
by the appropriate Government.
**90. Exemption of factories or establishments belonging to Government or any local**
**authority.—The appropriate Government may** [2][after consultation with the Corporation,] by notification
in the Official Gazette and subject to such conditions as may be specified in the notification, exempt any
factory or establishment belonging to [3]*** any local authority [4][the operation of this Act], if the
employees in any such factory or establishment are otherwise in receipt of benefits substantially similar or
superior to the benefits provided under this Act.
**91. Exemption from one or more provisions of the Act.—The appropriate Government may, with**
the consent of the Corporation, by notification in the Official Gazette, exempt any employees or class of
employees in any factory or establishment or class of factories or establishments from one or more of the
provisions relating to the benefits provided under this Act.
1. Ins. by Act 18 of 2010, s. 20 (w.e.f. 1-6-2010).
2. Ins. by Act 44 of 1966, s. 36 (w.e.f. 17-6-1967).
3. The words “The Government or” omitted by Act 29 of 1989, s. 39 (w.e.f. 20-10-1989).
4. Ins. by Act 44 of 1966, s. 36 (w.e.f. 17-6-1967).
40
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1[91A. Exemptions to be either prospective or retrospective.—Any notification granting
exemption under section 87, section 88, section 90 or section 91 may be issued so as to take effect
2[prospectively] on such date as may be specified therein.]
3[91AA. Central Government to be appropriate Government.—Notwithstanding anything
contained in this Act, in respect of establishments located in the States where medical benefit is provided
by the Corporation, the Central Government shall be the appropriate Government.]
4[91B. Misuse of benefits.—If the Central Government is satisfied that the benefits under this Act are
being misused by insured persons in a factory or establishment, that Government may, by order,
published in the Official Gazette, disentitle such persons from such of the benefits as it thinks fit:
Provided that no such order shall be passed unless a reasonable opportunity of being heard is given to
the concerned factory or establishment, insured persons and the trade unions registered under the Trade
Unions Act, 1926 (16 of 1926) having members in the factory or establishment.
**91C. Writing off of losses.—Subject to the conditions as may be prescribed by the Central**
Government, where the Corporation is of opinion that the amount of contribution, interest and damages
due to the Corporation is irrecoverable, the Corporation may sanction the writing off finally of the said
amount.]
**92. Power of Central Government to give directions.—[5][(1)] The Central Government may give**
directions to a State Government as to the carrying into execution of this Act in the State.
6[(2) The Central Government may, from time to time, give such directions to the Corporation as it
may think fit for the efficient administration of the Act, and if any such direction is given, the Corporation
shall comply with such direction.]
**93. Corporation officers and servants to be public servants.—All officers and servants of the**
Corporation shall be deemed to be public servants within the meaning of section 21 of the Indian Penal
Code (45 of 1860).
7[93A. Liability in case of transfer of establishment.—Where an employer, in relation to a factory
or establishment, transfers that factory or establishment in whole or in part, by sale, gift, lease or licence
or in any other manner whatsoever, the employer and the person to whom the factory or establishment is
so transferred shall jointly and severally be liable to pay the amount due in respect of any contribution or
any other amount payable under this Act in respect of the periods up to the date of such transfer:
Provided that the liability of the transferee shall be limited to the value of the assets obtained by him
by such transfer.]
**94. Contributions, etc., due to Corporation to have priority over other debts.—There shall be**
deemed to be included among the debts which, under section 49 of the Presidency-towns Insolvency Act,
1909 (3 of 1909) or under section 61 of the Provincial Insolvency Act, 1920 (5 of 1920), [8][or under any
law relating to insolvency in force [9][in the territories which, immediately before the 1st November, 1956
were comprised in a Part B State]], [10][or under section 530 of the Companies Act, 1956 (1 of 1956)], are,
in the distribution of the property of the insolvent or in the distribution of the assets of a company being
wound up, to be paid in priority to all other debts, the amount due in respect of any contribution or any
other amount payable under this Act the liability where for accured before the date of the order of
adjudication of the insolvent or the date of the winding up, as the case may be.
1. Ins. by Act 44 of, 1966, s. 37 (w.e.f. 17-6-1967).
2. Subs. by Act 18 of 2010, s. 21, for “either prospectively or retrospectively” (w.e.f. 1-6-2010).
3. Ins. by s. 22, ibid. (w.e.f. 1-6-2010).
4. Ins. by Act 29 of 1989, s. 40 (w.e.f. 20-10-1989).
5. Section 92 renumbered as sub-section (1) thereof by s. 41, ibid. (w.e.f. 20-10-1989).
6. Ins. by s. 41, ibid. (w.e.f. 20-10-1989).
7. Ins. by Act 38 of 1975, s. 6 (w.e.f. 1-9-1975).
8. Ins. by Act 53 of 1951, s. 23 (w.e.f. 6-10-1951).
9. Subs. by A.O. (No. 3), 1956, for “in a Part B State”.
10. Subs. by Act 29 of 1989, s. 42, for “or under section 230 of the Indian Companies Act, 1913 (7 of 1913)” (w.e.f. 20-10-1989).
41
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1[94A. Delegation of powers.—The Corporation, and, subject to any regulations made by the
Corporation in this behalf, the Standing Committee may direct that all or any of the powers and functions
which may be exercised or performed by the Corporation or the Standing Committee, as the case may be,
may, in relation to such matters and subject to such conditions, if any, as may be specified, be also
exercisable by any officer or authority subordinate to the Corporation.]
**95. Power of Central Government to make rules.—(1) The Central Government may,** [2][after
consultation with the Corporation and] subject to the condition of previous publication, make rules not
inconsistent with this Act for the purpose of giving effect to the provisions thereof.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
3[(a) the limit of wages beyond which a person shall not be deemed to be an employee;
(ab) the limit of maximum monthly salary for the purpose of sub-section (1) of section 17;]
4[(ac)] the manner in which 5[appointments] and elections of members of the Corporation, the
Standing Committee and the Medical Benefit Council shall be made;
(b) the quorum at meetings of the Corporation, the Standing Committee and the Medical Benefit
Council and the minimum number of meetings of those bodies to be held in a year;
(c) the records to be kept of the transaction of business by the Corporation, the Standing
Committee and the Medical Benefit Council;
(d) the powers and duties of the [6][Director General and the Financial Commissioner] and the
conditions of their service;
(e) the powers and duties of the Medical Benefit Council ;
7[(ea) the types of expenses which may be termed as administrative expenses, the percentage of
income of the Corporation which may be spent for such expenses;
(eb) the rates of contributions and limits of wages below which employees are not liable to pay
contribution;
(ec) the manner of calculation of the average daily wage;
(ed) the manner of certifying the certificate to recover amount by the Recovery Officer;
(ee) the amount of funeral expenses;
(ef) the qualifications, conditions, rates and period of sickness, benefit, maternity benefit,
disablement benefit and dependents benefit;
8[(eff) the income of dependant parents from all sources;]
(eg) the conditions for grant of medical benefits for insured persons who cease to be in insurable
employment on account of permanent disablement;
(eh) the conditions for grant of medical benefits for persons who have attained the age of
Superannuation;]
1. Ins. by Act 53 of 1951, s. 24 (w.e.f. 6-10-1951).
2. Ins. by Act 44 of 1966, s. 38 (w.e.f. 28-1-1968).
3. Ins. by Act 29 of 1989, s. 43 (w.e.f. 20-10-1989).
4. Clause (a) re-lettered as clause (ac) by s. 43, ibid. (w.e.f. 20-10-1989).
5. Subs. by s. 43, ibid., for “nominations” (w.e.f. 20-10-1989).
6. Subs. by s. 43, ibid., for “Principal Officers” (w.e.f. 20-10-1989).
7. Ins. by s. 43, ibid. (w.e.f. 20-10-1989).
8. Ins. by Act 18 of 2010, s. 23 (w.e.f. 1-6-2010).
42
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1[(ehh) the conditions under which the medical benefits shall be payable to the insured person and
spouse of an insured person who has attained the age of superannuation, the person who retires under
Voluntary Retirement Scheme and the person who takes pre-mature retirement;]
2[ 3[(ei)] the manner in which and the time within which appeals may be filed to medical appeal
tribunals or Employees’ Insurance Courts;]
(f) the procedure to be adopted in the execution of contracts;
(g) the acquisition, holding and disposal of property by the Corporation;
(h) the raising and repayment of loans;
(i) the investment of the funds of the Corporation and of any provident or other benefit fund and
their transfer or realisation ;
(j) the basis on which the periodical valuation of the assets and liabilities of the Corporation shall
be made;
(k) the bank or banks in which the funds of the Corporation may be deposited, the procedure to be
followed in regard to the crediting of moneys accruing or payable to the Corporation and the manner
in which any sums may be paid out of the Corporation funds and the officers by whom such payment
may be authorised;
(l) the accounts to be maintained by the Corporation and the forms in which such accounts shall
be kept and the times at which such accounts shall be audited;
(m) the publication of the accounts of the Corporation and the report of auditors, the action to be
taken on the audit report, the powers of auditors to disallow and surcharge items of expenditure and
the recovery of sums so disallowed or surcharged;
(n) the preparation of budget estimates and of supplementary estimates and the manner in which
such estimates shall be sanctioned and published;
(o) the establishment and maintenance of provident or other benefit fund for officers and servants
of the Corporation; [4]***
5[(oa) the period of non-entitlement for cash benefit in case of conviction of an insured person;]
(p) any matter which is required or allowed by this Act to be prescribed by the Central
Government.
6[(2A) The power to make rules conferred by this section shall include the power to give retrospective
effect, from a date not earlier than the date of commencement of this Act, to the rules or any of them but
no retrospective effect shall be given to any rule so as to prejudicially affect the interest of any person
other than the Corporation to whom such rule may be applicable.]
(3) Rules made under this section shall be published in the Official Gazette and thereupon shall have
effect as if enacted in this Act.
7[(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session [8][or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid] both Houses agree in making any modification
in the rule of both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 18 of 2010, s. 23 (w.e.f. 1-6-2010).
2. Ins. by Act 44 of 1966, s. 38 (w.e.f. 28-1-1968).
3. Clause (ee) relettered as Clause (ei) by Act 29 of 1989, s. 43 (w.e.f. 20-10-1989).
4. The word “and” omitted by s. 43, ibid. (w.e.f. 20-10-1989).
5. Ins. by s. 43, ibid. (w.e.f. 20-10-1989).
6. Ins. by Act 45 of 1984, s. 10 (w.e.f. 27-1-1985).
7. Ins. by Act 44 of 1966, s. 38 (w.e.f. 28-1-1968).
8. Subs. by Act 38 of 1975, s. 7, for certain words (w.e.f. 1-9-1975).
43
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**96. Power of State Government to make rules.—(1) The State Government may,** [1][after
consultation with the Corporation and] subject to the condition of previous publication, make rules not
inconsistent with this Act in regard to all or any of the following matters, namely:—
(a) the constitution of Employees’ Insurance Courts, the qualifications of persons who may be
appointed Judges thereof, and the conditions of service of such Judges;
(b) the procedure to be followed in proceedings before such Courts and the execution of orders
made by such Courts;
(c) the fee payable in respect of applications made to the Employees’ Insurance Court, the costs
incidental to the proceedings in such Court, the form in which applications should be made to it and
the particulars to be specified in such applications;
(d) the establishment of hospitals, dispensaries and other institutions, the allotment of insured
persons or their families to any such hospital, dispensary or other institution;
(e) the scale of medical benefit which shall be provided at any hospital, clinic, dispensary or
institution, the keeping of medical records and the furnishing of statistical returns;
2[(ee) the organisational structure, functions, powers, activities and other matters for the
establishment of the organisation;]
(f) the nature and extent of the staff, equipment and medicine that shall be provided at such
hospitals, dispensaries and institutions;
(g) the conditions of service of the staff employed at such hospitals dispensaries and institutions;
and
(h) any other matter which is required or allowed by this Act to be prescribed by the State
Government.
(2) Rules made under this section shall be published in the Official Gazette and thereupon shall have
effect as if enacted in this Act.
3[(3) Every rule made under this section shall be laid as soon as may be after it is made, before each
House of the State Legislature where it consists of two Houses, or, where such Legislature consists of one
House, before that House.]
**97. Power of Corporation to make regulations.—(1) The Corporation may,** [4]*** subject to the
condition of previous publications, make regulations, not inconsistent with this Act and the rules made
thereunder, for the administration of the affairs of the Corporation and for carrying into effect the
provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(i) the time and place of meetings of the Corporation, the Standing Committee and the Medical
Benefit Council and the procedure to be followed at such meetings;
5[(ia) the time within which and the manner in which a factory or establishment shall be
registered;]
(ii) the matters which shall be referred by the Standing Committee to the Corporation for
decision;
(iii) the manner in which any contribution payable under this Act shall be assessed and collected;
1. Ins. by Act 44 of 1966, s. 39 (w.e.f. 28-1-1968).
2. Ins. by Act 18 of 2010, s. 24 (w.e.f. 1-6-2010).
3. Ins. by Act 45 of 1984, s. 11 (w.e.f. 27-1-1985).
4. The words "with the prior approval of the Central Government" omitted by Act 29 of 1989, s. 44 (w.e.f. 20-10-1989).
5. Ins. by Act 44 of 1966, s. 40 (w.e.f. 28-1-1968).
44
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1[(iiia) the rate of interest higher than twelve per cent. on delayed payment of contributions;]
(iv) reckoning of wages for the purpose of fixing the contribution payable under this Act;
2[(iva) the register of employees to be maintained by the immediate employer;
(ivb) the entitlement of sickness benefit or disablement benefit for temporary disablement on any
day on which person works or remains on leave or on holiday and in respect of which he receives
wages or for any day on which he remains on strike;]
(v) the certification of sickness and eligibility for any cash benefit.
3[(vi) the method of determining whether an insured person is suffering from one or more of the
diseases specified in the Third Schedule;]
(vii) the assessing of the money value of any benefit which is not a cash benefit;
(viii) the time within which [4][and the form and manner in which] any claim for a benefit may be
made and the particulars to be specified in such claim;
(ix) the circumstances in which an employee in receipt of disablement benefit may be dismissed,
discharged, reduced or otherwise punished;
(x) the manner in which and the place and time at which any benefit shall be paid;
(xi) the method of calculating the amount of cash benefit payable and the circumstances in which
and the extent to which commutation of disablement and dependant’s benefits, may be allowed and
the method of calculating the commutation value;
(xii) the notice of pregnancy or of confinement and notice and proof of sickness;
3[(xiia) specifying the authority competent to give certificate of eligibility for maternity benefit;
(xiib) the manner of nomination by an insured woman for payment of maternity benefit in case of
her or her child’s death;
(xiic) the production of proof in support of claim for maternity benefit or additional maternity
benefit;]
(xiii) the conditions under which any benefit may be suspended;
(xiv) the conditions to be observed by a person when in receipt of any benefit and the periodical
medical examination of such persons;
5* - - -
(xvi) the appointment of medical practitioners for the purposes of this Act, the duties of such
practitioners and the form of medical certificates;
3[(xvia) the qualification and experience which a person should possess for giving certificate of
sickness;
(xvib) the constitution of medical boards and medical appeal tribunals;]
(xvii) the penalties for breach of regulations by fine (not exceeding two days’ wages for a first
breach and not exceeding three days’ wages for any subsequent breach) which may be imposed on
employees;
2[(xviia) the amount of damages to be recovered as penalty;
(xviib) the terms and conditions for reduction or waiver of damages in relation to a sick industrial
company;]
1. Subs. by Act 29 of 1989, s. 44, for clause (iiia) (w.e.f. 20-10-1989).
2. Ins. by s. 44, ibid. (w.e.f. 20-10-1989).
3. Subs. by Act 44 of 1966, s. 40, for clause (vi) (w.e.f. 28-1-1968).
4. Subs. by s. 40, ibid., for “and the form in which” (w.e.f. 28-1-1968).
5. Omitted by Act 29 of 1989, s. 44 (w.e.f. 20-10-1989).
45
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(xviii) the circumstances in which and the conditions subject to which any regulation may be
relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted;
1[(xix) the returns to be submitted and the registers or records to be maintained by the principal
and immediate employers, the forms of such returns, registers or records, and the times at which such
returns should be submitted and the particulars which such returns, registers and records should
contain;]
(xx) the duties and powers of [2][Social Security Officers] and other officers and servants of the
Corporation;
3[(xxa) the constitution of the appellate authority and the interest on amount deposited by the
employer with the Corporation.]
4[(xxi) the method of recruitment, pay and allowances, discipline, superannuation benefits and
other conditions of service of the officers and servants of the Corporation other than the [5][Director
General and Financial Commissioner]];
(xxii) the procedure to be followed in remitting contributions to the Corporation; and
(xxiii) any matter in respect of which regulations are required or permitted to be made by this Act.
6[(2A) The condition of previous publication shall not apply to any regulations of the nature specified
in clause (xxi) of sub-section (2).]
(3) Regulations made by the Corporation shall be published in the Gazette of India and thereupon
shall have effect as if enacted in this Act.
7[(4) Every regulation shall, as soon as may be, after it is made by the Corporation, be forwarded to
the Central Government and that Government shall cause a copy of the same to be laid before each House
of Parliament, while it is in session for a total period of thirty days, which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session the successive sessions aforesaid, both Houses agree in making any modification in
the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of any thing previously done under
that regulation.]
**98. [Corporation may undertake duties in Part B. States.] Omitted by the Employees’ State Insurance**
(Amendment) Act, 1951 (53 of 1951), s. 26.
8[99. Medical care for the families of insured persons.—At any time when its funds so permit, the
Corporation may provide or contribute towards the cost of medical care for the families of insured
persons.]
9[99A. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions
or give such directions, not inconsistent with the provisions of this Act, as appears to it to be necessary or
expedient for removing the difficulty.
(2) Any order made under this section shall have effect notwithstanding anything inconsistent
therewith in any rules or regulations made under this Act.]
1. Subs. by Act 53 of 1951, s. 25, for clause (xix) (w.e.f. 6-10-1951).
2. Subs. by Act 18 of 2010, s. 25, for “Inspectors” (w.e.f. 1-6-2010).
3. Ins. by s. 25, ibid. (w.e.f. 1-6-2010).
4. Subs. by Act 53 of 1951, s. 25, for clause (xxi) (w.e.f. 6-10-1951).
5. Subs. by Act 29 of 1989, s. 44, for “Principal Officers” (w.e.f. 20-10-1989).
6. Ins. by Act 53 of 1951, s. 25 (w.e.f. 6-10-1951).
7. Ins. by Act 45 of 1984, s. 12 (w.e.f. 27-1-1985).
8. Subs. by Act 29 of 1989, s. 45, for section 99 (w.e.f. 20-10-1989).
9. Ins. by Act 44 of 1966, s. 41 (w.e.f. 17-6-1967).
46
-----
1[100. Repeals and savings.— If, immediately before the day on which this Act comes into force 2[in
any part of the territories which, immediately before the 1st November, 1956, were comprised in a Part B
State], there is in force in [3][that part] any law corresponding to this Act, that law shall, on such day, stand
repealed:
Provided that the repeal shall not affect—
(a) the previous operations of any such law, or
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against
any such law, or
(c) any investigation or remedy in respect of any such penalty, forfeiture or punishment;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any
such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed:
Provided further that subject to the preceding proviso anything done or any action taken under any
such law shall be deemed to have been done or taken under the corresponding provision of this Act and
shall continue in force accordingly unless and until superseded by anything done or any action taken
under this Act.]
______
1. Ins. by Act 53 of 1951, s. 27 (w.e.f. 6-10-1951).
2. Subs. by the A.O. (No. 3) 1956, for “in a Part B State”.
3. Subs., ibid. 1956, for “that State”.
47
-----
1[ [THE FIRST SCHEDULE] Omitted by _the Employees’ State Insurance (Amendment)_ _Act, 1989_
(29 of 1989), s. 46 (w.e.f. 1-2-1991).
1. Subs. by Act 44 of 1966, s. 42, for the First Schedule and Second Schedule (w.e.f. 28-1-1968).
48
-----
THE SECOND SCHEDULE
[See section 2 (15A) and (15B)]
Sl.
No.
Description of injury Percentage of
loss of earning
capacity
PART I
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT
TOTAL DISABLEMENT
1. Loss of both hands or amputation at higher sites. . . . . 100
2. Loss of a hand and a foot. . . . . . . 100
3. Double amputation through leg or thigh, or amputation through leg or
thigh on one side and loss of other foot. . . . .
4. Loss of sight to such an extent as to render the claimant unable to perform
any work for which eye sight is essential. . . . .
100
100
5. Very severe facial disfigurement. . . . . . 100
6. Absolute deafness. . . . . . . . 100
PART II
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT
_Amputation—Upper limbs (either arm)_
7. Amputation through shoulder joint. . . . . 90
8. Amputation below shoulder with stump less than 20.32 cm. from tip
of acromion. . . . . . . .
9. Amputation from 20.32 cm. from tip of acromion to less than 11.43
cm. below tip of olecranon. . . . . .
10. Loss of a hand or of the thumb and four fingers of one hand or
amputation from 11.43 cm. below tip of olecranon. . .
. . . . . . . .
80
70
60
11. Loss of thumb. . . . . . . 30
12. Loss of thumb and its metacarpal bone. . . 40
13. Loss of four fingers of one hand. . . . 50
14. Loss of three fingers of one hand. . . . 30
15. Loss of two fingers of one hand. . . . . 20
16. Loss of terminal phalanx of thumb. . . . 20
1[16A. Guillotine amputation of the tip of the thumb without loss of bone. . 10]
17. Amputation of both feet resulting in end-bearing stumps. . . . 90
1. Ins. by Act 29 of 1989, s. 47 (w.e.f. 20-10-1989).
49
-----
Sl. No. Description of injury Percentage of
loss of earning
capacity
_Amputation—lower limbs_
18. Amputation through both feet proximal to the metatarso-phalangeal
joint. . . . . . . .
80
19. Loss of all toes of both feet through the metatarso-phalangeal joint 40
20. Loss of all toes of both feet proximal to the proximal inter-halangeal
joint. . . . . . . .
21. Loss of all toes of both feet distal to the proximal inter-phalangeal
joint. . . . . . . .
22. Amputation at hip. . . . . . .
.
23. Amputation below hip with stump not exceeding 12.70 cm. in length
measured from tip of great trenchanter. . . .
. . . .
24. Amputation below hip with stump exceeding 12.70 cm. in length
measured from tip of great trenchanter but not beyond middle thigh
25. Amputation below middle thigh to 8.89 cm. below knee. . .
. . . .
26. Amputation below knee with stump exceeding 8.89 cm. but not
exceeding 12.70 cm. . . . . .
30
20
90
80
70
60
50
27. Amputation below knee with stump exceeding 12.70 cm. 1[50]
28. Amputation of one foot resulting in end-bearing. . .
. . . . .
29. Amputation through one foot proximal to the metatarso-phalangeal
joint. . . . . . . .
[1[50]](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=613&iActID=16#ssb2)
[1[50]](http://www.manupatrafast.in/ba/dispBotC.aspx?nActCompID=613&iActID=16#ssb2)
30. Loss of all toes of one foot through the metatarso-phalangeal joint 20
_Other Injuries_
31. Loss of one eye, without complications, the other being normal, . . 40
32. Loss of vision of one eye without complications or disfigurement of
eye-ball, the other being normal. . . . .
2[32A. Partial loss of vision of one eye. . . . .
Loss of—
_A.—Fingers of right or left hand_
_Index finger_
30
10]
33. Whole. . . . . . . . 14
34. Two phalanges. . . . . . . 11
1. Subs. by Act 29 of 1989, s. 47 (w.e.f. 20-10-1989).
2. Ins. by s. 47, ibid. (w.e.f 20-10-1989).
50
-----
Sl. No. Description of injury Percentage of
loss of earning
capacity
35. One phalanx. . . . . . . 9
36. Guillotine amputation of tip without loss of bone . . . 5
_Middle finger_
37. Whole. . . . . . . . 12
38. Two phalanges. . . . . . . 9
39. One phalanx. . . . . . . 7
40. Guillotine amputation of tip without loss of bone 4
_Ring or little finger_
41. Whole. . . . . . . . 7
42. Two phalanges. . . . . . . 6
43. One phalanx. . . . . . . 5
44. Guillotine amputation of tip without loss of bone. . . 2
. . . . .
_B.—Toes of right or left foot_
_Great toe_
45. Through metatarso-phalangeal joint. . . .
. . . .
14
46. Part, with some loss of bone . . . . . 3
_Any other toe_
47. Through metatarso-phalangeal joint. . . . 3
48. Part, with some loss of bone . . . . . 1
_Two toes of one foot, excluding great toe_
49. Through metatarso-phalangeal joint. . . .
. . . .
5
50. Part, with some loss of bone. . . . . 2
_Three toes of one foot, excluding great toe_
51. Through metatarso-phalangeal joint. . . . 6
52. Part, with some loss of bone 3
_Four toes of one foot, excluding great toe_
53. Through metatarso-phalangeal joint. . . . 9
54. Part, with some loss of bone. . . . . 3
Note.—Complete and permanent loss of the use of any limb or member referred to in this Schedule shall
be deemed to be the equivalent of the loss of that limb or member.
51
-----
1[THE THIRD SCHEDULE
(See section 52A)
LIST OF OCCUPATIONAL DISEASES
Sl.
No.
Occupational disease Employment
(1) (2) (3)
PART A
Infectious and parasitic diseases contracted in an occupation where
1.
there is a particular risk of contamination
(a) All work involving
exposure to health or
laboratory work;
(b) All work involving
exposure to veterinary
work;
(c) Work relating to
handling animals,
animal carcasses, part
of such carcasses, or
merchandise which may
have been contaminated
by animals or animal
carcasses;
(d) Other work carrying
a particular risk of
contamination.
2. Diseases caused by work in compressed air All work involving
exposure to the risk
concerned.
3. Diseases caused by lead or its toxic compounds All work involving
exposure to the risk
concerned.
4. Poisoning by nitrous fumes All work involving
exposure to the risk
concerned.
5. Poisoning by organphosphorus compounds. All work involving
exposure to the risk
concerned.
PART B
1. Diseases caused by phosphorus or its toxic compounds All work involving
exposure to the risk
concerned.
2. Diseases caused by mercury or its toxic compounds All work involving
exposure to the risk
concerned.
1. Subs. by Act 45 of 1984, s. 14, for the Third Schedule (w.e.f. 27-1-1985).
52
-----
Sl.
No.
Occupational disease Employment
(1) (2) (3)
PART B—Contd.
3. Diseases caused by benzene or its toxic homologues All work involving
exposure to the risk
concerned.
4. Diseases caused by nitro and amido toxic derivatives of benzene or
its homologues.
All work involving
exposure to the risk
concerned.
5. Diseases caused by chromium or its toxic compounds All work involving
exposure to the risk
concerned.
6. Diseases caused by arsenic or its toxic compounds All work involving
exposure to the risk
concerned.
7. Diseases caused by radioactive substances and ionising radiations All work involving
exposure to the action
of radioactive
substances or ionising
radiations.
8. Primary epithelomatous cancer of the skin caused by tar, pitch,
bitumen, mineral oil, anthracene, or the compounds, products of
residues of these substances
9. Diseases caused by the toxic halogen derivatives of hydrocarbons
(of the aliphatic and aromatic series)
All work involving
exposure to the risk
concerned.
All work involving
exposure to the risk
concerned.
10. Diseases caused by the carbon disulphide All work involving
exposure to the risk
concerned.
11. Occupational cataract due to infra-red radiations All work involving
exposure to the risk
concerned.
12. Diseases caused by manganese or its toxic compounds All work involving
exposure to the risk
concerned.
13. Skin diseases caused by physical, chemical or biological agents not
included in other items
All work involving
exposure to the risk
concerned.
14. Hearing impairment caused by noise All work involving
exposure to the risk
concerned.
15. Poisoning by dinitrophenol or a homologue or by substituted
dinitrophenol or by the salts of such substances
53
All work involving
exposure to the risk
concerned.
-----
Sl.
No.
Occupational disease Employment
(1) (2) (3)
16. Diseases caused by beryllium or its toxic compounds All work involving
exposure to the risk
concerned.
17. Diseases caused by cadmium or its toxic compounds All work involving
exposure to the risk
concerned.
18. Occupational asthama caused by recognised sensitising agents
inherent to the work process
All work involving
exposure to the risk
concerned.
19. Diseases caused by flourine or its toxic compounds All work involving
exposure to the risk
concerned.
20. Diseases caused by nitro-glycerine or other nitroacid esters All work involving
exposure to the risk
concerned.
21. Diseases caused by alcohols and ketones. All work involving
exposure to the risk
concerned.
PART B—Contd.
22. Diseases caused by asphyxiants: carbon monoxide, and its toxic
derivatives, hydrogen sulfide
All work involving
exposure to the risk
concerned.
23. Lung cancer and mesotheliomas caused by asbestos. All work involving
exposure to the risk
concerned.
24. Primary neoplasm of the epithelial, lining of the urinary bladder or
the kidney or the ureter
PART C
1. Pneumoconioses caused by sclerogenic mineral dust (silicosis,
anthraoosilicosis asbestosis) and silico-tuberculosis provided that
silicosis is an essential factor in causing the resultant incapacity or
death
All work involving
exposure to the risk
concerned.
All work involving
exposure to the risk
concerned.
2. Bagassosis All work involving
exposure to the risk
concerned.
3. Bronchopulmonary diseases caused by the cotton, flax hemp and
sisal dust (Byssinosis)
4. Extrinsic allergic alveelitis caused by the inhalation of organic
dusts
All work involving
exposure to the risk
concerned.
All work involving
exposure to the risk
concerned.
5. Bronchopulmonary diseases caused by hard metals All work involving
exposure to the risk
concerned.]].
54
-----
ANNEXURE
_Dates on which provisions of the Act came into force in different areas_
Date Provisions Areas Notification numbers.
etc.
1 2 3 4
1-9-1948 Chapters I, II, III and VIII All the Provinces of India SS. 21(2), dated the 31st
August, 1948, Gazette of
India, 1948, Extraordinary.
1-4-1950 Sections 44 and 45 of All Part A States, Ajmer, Coorg, SS. 121(32), dated the 3rd
Chapter IV and Chapter VII. Delhi and Andaman and Nicobar April, 1950, Gazette of
Islands. India, 1950, Part I, sec. 1.
1-12-1950 Chapters I, II, III, VII and Himachal Pradesh, Bilaspur, SRO 997, dated the 2nd
VIII and sections 44 and 45 Kutch, Bhopal, Tripura, Vindhya December, 1950, Gazette
of Chapter IV. Pradesh and Manipur. of India, 1950, Part II, sec.
3.
24-11-1951 Do. All Part B States except the State SRO 1832, dated the 24th
of Jammu and Kashmir*. November, 1951, Gazette
of India, 1951, Part II, sec.
3.
24-11-1951 Chapter VA Whole of India except the State of Do.
Jammu and Kashmir*.
24-2-1952 Chapter IV (except sections State of Delhi and Kanpur area of SRO 251, dated the 1st
44 and 45). Chapter V and Uttar Pradesh. February, 1952, Gazette of
Chapter VI. India, 1952, Part II, sec. 3.
1-9-1952 Sub-section (1) of section 76, Whole of India except the State of SRO 1576, dated the 3rd
sections 77, 78, 79 and 81 of Jammu and Kashmir*, State of September, 1952, Gazette
Chapter VI. Delhi, Kanpur area of Uttar of India, 1952, Part II, sec.
Pradesh. 3.
1-9-1954 Chapters I, II, III, V-A, United Khasi-Jaintia Hills SRO 2972, dated the 1st
VII, VIII and sections 44 District, Garo Hills District September, 1954,
and 45 of Chapter IV. Lushai Hills District North Gazette of India, 1954,
Cachar Hills, Mikir Hills. Part II, sec. 3.
1-9-1971 Chapters I, II, III, V-A, Union territory of Goa, Daman S.O. 3262, dated the 1st
VII and VIII and sections and Diu. September, 1971,
44 and 45 of Chapter IV. Gazette of India, 1971,
Extraordinary, Part II,
sec. 3(ii).
20-11-1971 Chapters I, II, III, VII and The State of Jammu and SRO 6163, dated the
VIII and sections 44 and Kashmir*. 26th October, 1971,
45 of Chapter IV. Gazette of India, 1971,
Part II, sec. 3(ii).
01-02-2021 (i) Sections In all the areas of, Dharmapuri S.O. 373(E), dated the
38,39,40,41,42,43 & 45A district and Ranipet district in 27th January, 2021,
to 45H of Chapter IV. the State of Tamil Nadu. Gazette of India, 2021,
(ii) Sections 46 to 73 of Extraordinary, Part II,
Chapter V; and sec. 3(ii)
(iii) Sections 74, 75. Subsections (2) to (4) of
section 76, 80, 82 and 83
of Chapter VI
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
55
|Date|Provisions|Areas|Notification numbers. etc.|
|---|---|---|---|
|1|2|3|4|
|1-9-1948|Chapters I, II, III and VIII|All the Provinces of India|SS. 21(2), dated the 31st August, 1948, Gazette of India, 1948, Extraordinary.|
|1-4-1950|Sections 44 and 45 of Chapter IV and Chapter VII.|All Part A States, Ajmer, Coorg, Delhi and Andaman and Nicobar Islands.|SS. 121(32), dated the 3rd April, 1950, Gazette of India, 1950, Part I, sec. 1.|
|1-12-1950|Chapters I, II, III, VII and VIII and sections 44 and 45 of Chapter IV.|Himachal Pradesh, Bilaspur, Kutch, Bhopal, Tripura, Vindhya Pradesh and Manipur.|SRO 997, dated the 2nd December, 1950, Gazette of India, 1950, Part II, sec. 3.|
|24-11-1951|Do.|All Part B States except the State of Jammu and Kashmir*.|SRO 1832, dated the 24th November, 1951, Gazette of India, 1951, Part II, sec. 3.|
|24-11-1951|Chapter VA|Whole of India except the State of Jammu and Kashmir*.|Do.|
|24-2-1952|Chapter IV (except sections 44 and 45). Chapter V and Chapter VI.|State of Delhi and Kanpur area of Uttar Pradesh.|SRO 251, dated the 1st February, 1952, Gazette of India, 1952, Part II, sec. 3.|
|1-9-1952|Sub-section (1) of section 76, sections 77, 78, 79 and 81 of Chapter VI.|Whole of India except the State of Jammu and Kashmir*, State of Delhi, Kanpur area of Uttar Pradesh.|SRO 1576, dated the 3rd September, 1952, Gazette of India, 1952, Part II, sec. 3.|
|1-9-1954|Chapters I, II, III, V-A, VII, VIII and sections 44 and 45 of Chapter IV.|United Khasi-Jaintia Hills District, Garo Hills District Lushai Hills District North Cachar Hills, Mikir Hills.|SRO 2972, dated the 1st September, 1954, Gazette of India, 1954, Part II, sec. 3.|
|1-9-1971|Chapters I, II, III, V-A, VII and VIII and sections 44 and 45 of Chapter IV.|Union territory of Goa, Daman and Diu.|S.O. 3262, dated the 1st September, 1971, Gazette of India, 1971, Extraordinary, Part II, sec. 3(ii).|
|20-11-1971|Chapters I, II, III, VII and VIII and sections 44 and 45 of Chapter IV.|The State of Jammu and Kashmir*.|SRO 6163, dated the 26th October, 1971, Gazette of India, 1971, Part II, sec. 3(ii).|
|01-02-2021|(i) Sections 38,39,40,41,42,43 & 45A to 45H of Chapter IV. (ii) Sections 46 to 73 of Chapter V; and (iii) Sections 74, 75. Sub- sections (2) to (4) of section 76, 80, 82 and 83 of Chapter VI|In all the areas of, Dharmapuri district and Ranipet district in the State of Tamil Nadu.|S.O. 373(E), dated the 27th January, 2021, Gazette of India, 2021, Extraordinary, Part II, sec. 3(ii)|
-----
|1-04-2021|Ss. 38, 39, 40, 41, 42, 43 and Ss. 45A to 45H of Chapter IV; Ss. 46 to 73 of Chapter V; and Ss. 74, 75, sub-section (2) to (4) of section 76, 80, 82 and 83 of Chapter VI, in all the areas of|Unakoti district, South Tripura district and khowai district in the State of Tripura.|S.O. 1354(E), dated 25th March, 2021, Gazette of India, 2021, Extraordinary, Part II, sec. 3(ii)|
|---|---|---|---|
|1-6-2021|Chapter IV (except sections 44 and 45 which have already been brought into force) and Chapter V and VI (except sub-section (1) of sections 76 and Ss. 77, 78, 79 and 81,|all the areas of the Alipurduar, Cooch Behar, Kalimpong, North Dinajpur, Purulia, and South Dinajpur District in the State of West Bengal.|S.O. 1950(E), dated 21st May, 2021, Gazette of India, 2021, Extraordinary, Part II, sec. 3(ii)|
|01-06-2021|Chapter IV (except sections 44 and 45); and Chapter V and VI [except sub-section (1) of section 76 and sections 77, 78, 79 and 81,|Chapter IV (except sections 44 and 45); and Chapter V and VI [except sub-section (1) of section 76 and sections 77, 78, 79 and 81,|S.O. 2068(E), dated 28th May, 2021, Gazette of India, Extraordinary, Part II, sec. 3(ii)|
|1-8-2021|Sections 38,39,40,41,42, 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of chapter V; and sections 74, 75, sub-sections (2) to (4) of sections 76, 80, 82 and 83 of Chapter VI;|All the areas of Madurai district in the State of Tamil Nadu.|S.O. 2983(E), dated 28th July, 2021, Gazette of India, Extraordinary, Part II, sec. 3(ii)|
|1-10-2021|Sections 38,39,40,41,42, 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of chapter V; and sections 74, 75, sub-sections (2) to (4) of sections 76, 80, 82 and 83 of Chapter VI,|All the areas of Dhalai, Gomati, North Tripura and Sepahijala district in the State of Tripura.|S.O. 3952(E), dated 23rd September, 2021, Gazette of India, Extraordinary, Part II, sec. 3(ii)|
|1-10-2021|Chapter IV (except sections 44 and 45 which have already been brought into force) and Chapter V and VI [except sub-section (1) of section 76 and sections 77, 78, 79 and 81 which have already been brought into force]|In the entire areas of Baksa, Charaideo, Dima Hasao, Hailakandi, Hojai and Kokrajha district in the State of Assam, in addition to the already implemented area in the district.|S.O. 3964(E), dated 24th September, 2021, Gazette of India, Extraordinary, Part II, sec. 3(ii)|
|1-11-2021|Sections 38, 39, 40,41, 42, 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub-sections (2) to (4) of section 76, 80, 82 and 83 of Chapter VI,|In the areas of Ahmednagar, Jalna and Yavatmal district in the State of Maharashtra.|S.O. 4476 (E), dated 27th October, 2021, Gazette of India, Extraordinary, Part II, sec. 3(ii)|
56
-----
|1-11-2021|Sections 38, 39, 40, 41, 42, 43 and sections 45A to 45H of Chapter IV: sections 46 to 73 of Chapter V; and Sections 74, 75, sub-sections (2) to (4) of section 76, 80, 82 and 83 of Chapter VI;|In all the areas of Coimbatore and Thanjavur districts in the State of Tamil Nadu.|S.O. 4526 (E), dated 29th October, 2021, Gazette of India, Extraordinary, Part II, sec. 3(ii)|
|---|---|---|---|
|1-1-2022|Sections 38,39,40,41,42,43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub- sections (2) to (4) of sections 76, 80, 82 and 83 of Chapter VI,|All the entire areas of the following districts in the state of Assam:-- 1. Assam-Barpeta, Bongaigon, Bishwanath, Cachar, Chirang, Darrang, Dhemaji, Dhubri, Golaghat, Goalpara, Lakhimpur, Majuli, Nalbari, Marigaon, Nagaon, Sibsagar, Udalguri, West Kabri Anglog (in addition to the already implemented area in the district). 2. Assam-- Kabri Anglong, Karimganj, South Salmara Mankachar.|S.O. 5371 (E), dated 23rd December, 2021, Gazette of India, Extraordinary, Part II, sec. 3(ii)|
|1-4-2022|Sections 38, 39, 40, 41, 42, 43 and sections 45A to 45H of Chapter IV, ss. 46 to 73 of Chapter V and ss. 74, 75, sub-sections (2) to (4) of ss. 76, 80, 82 and 83 of Chapter VI;|All the areas of Nagapattinam district in the State of Tamil Nadu.|S.O. 1534 (E), dated 31st March, 2022, Gazette of India, Extraordinary, Part II, sec. 3(ii)|
|1-9-2022|Sections 38, 39, 40, 41, 42, 43 and sections 45A to 45H of Chapter IV; Sections 46 to 73 of Chapter V; and Sections 74, 75, sub-sections (2) and (4) of section 76, 80, 82 and 83 of Chapter VI.|All the areas of Ramanathapuram and Sivagangai districts in the State of Tamil Nadu.|S.O. 3741(E), dated 10th August, 2022, Gazette of India, Extraordinary, Part II, sec. 3(ii).|
|1-10-2022|Sections 38 to 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub-section (2) to (4) of section 76, 80, 82 and 83 of Chapter VI.|All the area of Krishnagiri and Tiruchirappalli districts in addition to the already notified areas in the district and in all the area of Perambalur district, in the State of Tamil Nadu.|S.O. 4340(E), dated 15th September 2022, Gazette of India, Extraordinary, Part II, sec. 3(ii).|
57
-----
|1-12-2022|Section 38 to 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of chapter V; and sections 74, 75, sub-sections (2) to (4) of sections 76, 80, 82 and 83 of Chapter VI.|All the area of Dindigul district in addition to the already notified areas of the said district in the State of Tamil Nadu.|S.O. 5335(E), dated 16th November 2022, Gazette of India, Extraordinary, Part II, sec. 3(ii).|
|---|---|---|---|
|1-12-2022|Sections 38 to 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of chapter V; and sections 74, 75, sub-sections (2) to (4) of sections 76, 80, 82 and 83 of chapter VI.|All the area of Gajapati district in addition to the already notified area of the said district and in all the areas of Nuapada, M a l k a n g i r i and Deogarh districts in the state of Odisha.|S.O. 5338(E), dated 16th November 2022, Gazette of India, Extraordinary, Part II, sec. 3(ii).|
|1-1-2023|Sections 38 to 43 and sections 45A to 45H of chapter IV; sections 46 to 73 of Chapter V; and Sections 74, 75, sub- sections (2) to (4) of sections 76, 80, 82 and 83 of Chapter VI.|All the areas of Shore, Shajapur and Guna districts in addition to the already notified areas of the said districts, in the State of Madhya Pradesh.|S.O. 5878(E), dated 15th December 2022, Gazette of India, Extraordinary, Part II, sec. 3(ii).|
|1-2-2023|Sections 38 to 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub- sections (2) to (4) of section 76, 80, 82 and 83 of Chapter VI;|All the areas of Chhindwara and Singrauli districts, in addition to the already notified areas of the said districts in the State of Madhya Pradesh.|S.O. 384(E), dated 24th January, 2023, Gazette of India, Extraordinary, Part II, sec. 3(ii).|
|1-2-2023|Sections 38 to 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub- sections (2) to (4) of section 76, 80, 82 and 83 of Chapter VI,|All the areas of Aizawl district, in addition to the already notified areas of the said district in the State of Mizoram.|S.O. 385(E), dated 24th January, 2023, Gazette of India, Extraordinary, Part II, sec. 3(ii).|
|1-04-2023|Sections 38 to 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub-sections (2) to (4) of section 76, sections 80, 82 and 83 of Chapter VI,|All the areas of Gandhinagar district, in addition to the already notified areas of the said district in the State of G u j a r a t .|S.O. 1191(E), dated 13th March, 2023, Gazette of India, Extraordinary, Part II, sec. 3(ii).|
58
-----
|1-04-2023|Sections 38 to 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub- sections (2) to (4) of section 76, sections 80, 82 and 83 of Chapter VI,|All the areas of East khasi Hills and Ri-Bhoi districts in addition to the already notified areas of the said districts in the State of Meghalaya.|S.O. 1426(E), dated 24th March, 2023, Gazette of India, Extraordinary, Part II, sec. 3(ii).|
|---|---|---|---|
|1-04-2023|Sections 38 to 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub-sections (2) to (4) of section 76, sections 80, 82 and 83 of Chapter VI;|All the areas of Kanchipuram, Tirupattur, Tiruvannamalai and Viluppuram districts in addition to the already notified areas of t h e s a i d d i stricts and in all the areas of kallakurichi district in the State of Tamil Nadu.|S.O. 1427(E), dated 24th March, 2023, Gazette of India, Extraordinary, Part II, sec. 3(ii).|
|01-04-2023|Sections 38 to 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub- section (2) to (4) of section 76, 80, 82 and 83 of Chapter VI,|All the areas of Valsad district in addition to the already notified areas of the said district in the State of Gujarat.|S.O. 1415(E), dated 29th March, 2023, Gazette of India, Extraordinary, Part II, sec. 3(ii).|
|1-05-2023|Sections 38 to 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub-sections (2) to (4) of section 76, 80, 82 and 83 of Chapter VI,|All the areas of Kavaratti, Agatti and Minicoy Islands in the Union Territory of Lakshadeep.|S.O. 1875(E), dated 25th April, 2023, Gazette of India, Extraordinary, Part II, sec. 3(ii).|
|1-06-2023|Sections 38 to 43 and sections 45A to 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub- sections (2) to (4) of section 76, 80, 82 and 83 of Chapter VI,|All the areas of Arwal, Jamui, Kaimur, Khagaria, Kishanganj, Madhepura, Madhubani, Nawada, Purnia, Sheikhpura and West Champaran, in addition to the already notified areas of the said districts, in the State of Bihar.|S.O. 2244(E), dated 23rd May, 2023, Gazette of India, Extraordinary, Part II, Sec. 3(ii).|
|1-11-2023|Sections 38 to 43 and section 45A to section 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub-sections (2) to (4) of section 76, 80, 82 and section 83 of Chapter VI,|All the areas of Lalitpur, kushinagar, Kausambi, Budaun, Sultanpur, Deoria, Ballia, Jaunpur, Azamgarh, Baghpat, Chitrakoot, Sambhal and Ayodhya districts in the State of Uttar Pradesh.|S.O. 4498(E), dated 13th October, 2023, Gazette of India, Extraordinary, Part II, Sec. 3(ii).|
59
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S.O. 5033(E), dated
23[rd] November, 2023,
Gazette of India,
Extraordinary, Part II,
Sec. 3(ii).
S.O. 5034(E), dated
23[rd] November, 2023,
Gazette of India,
Extraordinary, Part II,
Sec. 3(ii).
S.O. 5035(E), dated
23[rd] November, 2023,
Gazette of India,
Extraordinary, Part II,
Sec. 3(ii).
S.O. 5036(E), dated
23[rd] November, 2023,
Gazette of India,
Extraordinary, Part II,
Sec. 3(ii).
S.O. 802(E), dated
20[th] February, 2024,
Gazette of India,
Extraordinary, Part II,
Sec. 3(ii).
S.O. 803(E), dated
|1-12-2023|Sections 38 to 43 and section 45A to section 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub-sections (2) to (4) of section 76, 80, 82 and section 83 of Chapter VI,|All areas of Mainpuri district, in addition to the already notified areas of the said district and in all the areas of Basti district in the State of Uttar Pradesh.|S.O. 5033(E), dated 23rd November, 2023, Gazette of India, Extraordinary, Part II, Sec. 3(ii).|
|---|---|---|---|
|1-12-2023|Sections 38 to 43 and section 45A to section 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub-sections (2) to (4) of section 76, 80, 82 and section 83 of Chapter VI,|All the areas of Etah, Lakhimpur Khiri and Balrampur districts in the State of Uttar Pradesh.|S.O. 5034(E), dated 23rd November, 2023, Gazette of India, Extraordinary, Part II, Sec. 3(ii).|
|1-12-2023|Sections 38 to 43 and section 45A to section 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub-sections (2) to (4) of section 76, 80, 82 and section 83 of Chapter VI,|All the areas of Pudukottai district in addition to the already notified areas of the said district in the State of Tamil Nadu.|S.O. 5035(E), dated 23rd November, 2023, Gazette of India, Extraordinary, Part II, Sec. 3(ii).|
|1-12-2023|Sections 38 to 43 and section 45A to section 45H of Chapter IV; sections 46 to 73 of Chapter V; and sections 74, 75, sub-sections (2) to (4) of section 76, 80, 82 and section 83 of Chapter VI,|All areas of the Kandhamal district in the State of Odisha.|S.O. 5036(E), dated 23rd November, 2023, Gazette of India, Extraordinary, Part II, Sec. 3(ii).|
|1-3-2024|Sections 38 to 43; sections 45A to 45H; sections 46 to 73; sections 74 and 75; sub- section (2) to (4) of section 76; section 80; and sections 82 and 83|All areas of the Nabrangpur district in the State of Odisha.|S.O. 802(E), dated 20th February, 2024, Gazette of India, Extraordinary, Part II, Sec. 3(ii).|
|1-3-2024|Sections 38 to 43; sections 45A to 45H; sections 46 to 73; sections 74 and 75; sub- section (2) to (4) of section 76; section 80; and sections 82 and 83|All areas of the Nayagarh district in the State of Odisha.|S.O. 803(E), dated 20th February, 2024, Gazette of India, Extraordinary, Part II, Sec. 3(ii).|
60
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**1-8-2024** Sections 38 to 43 (both All the areas of Bishnupur, S.O. 2696(E), dated
inclusive); sections 45A, Senapati, Ukhrul, Kangpokpi, 10th July, 2024, Gazette
45AA, 45B, 45C, 45D, Churachandpur and Thoubal of India, Extraordinary,
45E, 45F, 45G, 45H and districts in the State of Part II, Sec. 3(ii).
45I; sections 46 to 73 Manipur.
(both inclusive); sections
74 and 75; sub-section (2)
to (4) of section 76; and
sections 82 and 83
For notifications by which Chapter IV (except sections 44 and 45), Chapter V and Chapter VI [except
sub-section (1) of section 76, sections 77, 78 and 79 and 81] were brought into force in different areas,
cities, towns and industrial area, see Gazette of India, Part II, section 3.
61
|1-8-2024|Sections 38 to 43 (both inclusive); sections 45A, 45AA, 45B, 45C, 45D, 45E, 45F, 45G, 45H and 45I; sections 46 to 73 (both inclusive); sections 74 and 75; sub-section (2) to (4) of section 76; and sections 82 and 83|All the areas of Bishnupur, Senapati, Ukhrul, Kangpokpi, Churachandpur and Thoubal districts in the State of Manipur.|S.O. 2696(E), dated 10th July, 2024, Gazette of India, Extraordinary, Part II, Sec. 3(ii).|
|---|---|---|---|
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|
3-Sep-1948 | 46 | The Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1841/3/A1948-46.pdf | central | # THE COAL MINES PROVIDENT FUND AND
MISCELLANEOUS PROVISIONS ACT, 1948
______
# ARRANGEMENT OF SECTIONS
______
SECTIONS.
1. Short title and extent.
2. Interpretation.
3. Coal Mines Provident Fund Scheme.
3A. Constitution of Board of Trustees.
3B. Board of Trustee to be a body corporate.
3C. Appointment of officers.
3D. Transfer of accounts.
3E. Coal Mines Pension Scheme.
3F. Special grant by Central Government.
3G. Coal Mines Deposit-linked Insurance Scheme.
4. Fund to be recognised under Act 43 of 1961.
5. Coal Mines Bonus Schemes.
6. Retrospective operation of a scheme.
7. Modification of a scheme.
7A. Schemes to be laid before Parliament.
7B. Determination of moneys due from employers.
8. Protection against attachment.
9. Penalty.
10. Inspectors.
10A. Mode of recovery of money due from an employer.
10B. Determination of employer in certain cases.
10C. Delegation of powers.
10D. Payment of contribution by employers and recovery thereof from members.
10E. Recovery of monies by employers and contractors.
10F. Power to recover damages.
11. Priority of payment of contributions and bonus over other debts.
11A. Protection for acts done in good faith.
11B. Power to remove difficulties.
11C. Power to exempt.
1
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SECTIONS.
11D. Act to have effect notwithstanding anything contained in Act 31 of 1956.
12. Repeal of Ordinance 7 of 1948.
THE FIRST SCHEDULE—MATTERS TO BE PROVIDED FOR IN THE COAL MINES POROVIDENT
FUND SCHEME.
THE SECOND SCHEDULE—MATTERS TO BE PROVIDED FOR IN THE COAL MINES FAMILY
PENSION SCHEME.
THE THIRD SCHEDULE—MATTERS TO BE PROVIDED FOR IN THE COAL MINES
DEPOSIT-LINKED INSURANCE SCHEME.
THE FOURTH SCHEDULE—MATTERS TO BE PROVIDED FOR IN THE COAL MINES
BONUS SCHEME.
2
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# THE COAL MINES PROVIDENT FUND AND
MISCELLANEOUS PROVISIONS ACT, 1948
ACT NO. 46 OF 1948
[3rd September, 1948.]
# An Act to make provisions for the framing of a Provident Fund Scheme [1][, a [2][Pension Scheme]]
3[, a Deposit linked Insurance Scheme] and a Bonus Scheme for persons employed in Coal
# Mines.
4* * * * *
It is hereby enacted as follows:—
**1. Short title and extent.—** [5][(1) This Act may be called the Coal Mines Provident Fund and
Miscellaneous Provisions Act 1948].
6[(2) It extends to the whole of India 7* * *.
**2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) “bonus” means any sum of money payable to an [8][employee] under the Coal Mines Bonus
Scheme framed under this Act;
9[(aa) “coal” includes lignite;]
10[(b) “coal mine” means any excavation where any operation for the purpose of searching for or
obtaining coal has been or is being carried on, and includes—
(i) all borings and bore holes;
(ii) all shafts, in or adjacent to and belonging to a coal mine, whether in the course of being
sunk or not;
(iii) all levels and inclined planes in the course of being driven;
(iv) any open cast working or quarry, that is to say, an excavation where any operation for the
purpose of searching for or obtaining coal has been or is being carried on, not being a shaft or an
excavation which extends below superjacent ground;
(v) all conveyors or aerial rope-ways provided for the bringing into or removal from a coal
mine of coal or other articles or for the removal of refuse therefrom;
(vi) all adits, levels, planes, machinery, works, railways, tramways and sidings, in or adjacent
to and belonging to a coal mine;
(vii) all workshops situated within the precincts of a coal mine and under the same
management and used for purposes connected with that coal mine or a number of coal mines
under the same management;
(viii) any office of a coal mine;
(ix) all power stations for supplying electricity for the purpose of working the coal mine or a
number of coal mines under the same management;
1. Subs. by Act 23 of 1996, s. 2, for “Family Pension Scheme” (w.e.f. 31-3-1998).
2. Ins. by Act 16 of 1971, s. 2.
3. Ins. by Act 99 of 1976, s. 2 (w.e.f. 1-8-1976).
4. Omitted by Act 16 of 1971, s. 3.
5. Subs. by Act 99 of 1976, s. 3, for sub-section (1) (w.e.f. 1-8-1976).
6. Subs. by the A.O. 1950, for sub-section (2).
7. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
8. Subs. by Act 80 of 1950, s. 3, for “employee in a coal mine”.
9. Ins. by Act 45 of 1965, s. 2 (w.e.f. 1-4-1966).
10. Subs. by s. 2, ibid., for clause (b) (w.e.f. 1-4-1966).
3
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(x) any premises for the time being used for depositing refuse from a coal mine, or in which
any operation in connection with such refuse is being carried on, being premises exclusively
occupied by the employer of the coal mine;
(xi) all hospitals and canteens maintained for the benefit of the employees of a coal mine or a
number of coal mines under the same management;
(xii) any coke oven or plant;
(xiii) any premises in or adjacent to and belonging to a coal mine, on which any plant or other
machinery connected with a coal mine is situated or on which any process ancillary to the work
of a coal mine is being carried on;]
(c) “contribution” means the contribution payable in respect of a member under the Coal Mines
Provident Fund Scheme framed under this Act of [1][or the contribution payable in respect of an
employee to whom the Insurance Scheme applies];
2[(d) “employee” means any person who is employed for wages in any kind of work, manual or
otherwise, in or in connection with a coal mine, and who gets his wages directly or indirectly from the
employer, and includes—
(1) any person employed by or through a contractor in or in connection with a coal mine, and
(2) for the purposes of the Coal Mines Provident Fund Scheme, also
(i) any other person who is employed as a sanitary worker, mali, teacher or domestic
servant in or in connection with a coal mine and who receives wages directly from the
employer, and
(ii) any apprentice or trainee who receives stipend or other remuneration from the
employer.]
3[(e) “employer”, when used in relation to a coal mine, means any person who is the immediate
proprietor or lessee or occupier of the coal mine or of any part thereof and in the case of a coal mine
the business whereof is being carried on by a liquidator or receiver, such liquidator or receiver and in
the case of a coal mine owned by a company the business whereof is being carried on by a managing
agent, such managing agent; but does not include a person who merely receives a royalty, rent or fine
from the coal mine, or is merely the proprietor of the coal mine, subject to any lease, grant or licence
for the working thereof, or is merely the owner of the soil and not interested in the coal of the coal
mine; but any contractor for the working of a coal mine or any part thereof shall be subject to this Act
in like manner as if he were an employer, but not so as to exempt the employer from any liability;]
4* * * * *
(f) “Fund” means the provident fund established under the Coal Mines Provident Fund
Scheme; [5]* * *
1[(fa) “Insurance Fund” means the Deposit-linked Insurance Fund established under subsection
(2) of section 3G;
(fb) “Insurance Scheme” means the Coal Mines Deposit-linked Insurance Scheme framed under
sub-section (1) of section G;]
[6] [ [7] [(fc)] [“managing agent” has the meaning assigned to it in the Companies Act, 1956
(1 of 1956); and;]
1. Ins. by Act 99 of 1976, s. 4 (w.e.f. 1-8-1976).
2. Subs. by Act 45 of 1965, s. 2, for clause (d) (w.e.f. 1-4-1966).
3. Subs. by s. 2, ibid., for clause (e) (w.e.f. 1-4-1966).
4. Omitted by Act 23 of 1996, s. 3 (w.e.f. 31-3-1998).
5. The word “and” omitted by Act 45 of 1965, s. 2 (w.e.f. 1-4-1966).
6. Ins. by s. 2, ibid. (w.e.f. 1-4-1966).
7. Clause (ff) re-lettered as clause (fc) thereof by Act 99 of 1976, s. 4 (w.e.f. 1-8-1976).
4
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(g) “member” means a member of the Fund.
1[(h) “Pension Fund” means the Pension Fund established under sub-section (2) of section 3E;
(i) “Pension Scheme” means the Coal Mines Pension Scheme framed under sub-section (1) of
section 3E;
(j) “superannuation‟, „in relation to an employee who is a member of the Pension Scheme, means
the attainment, by the said employee, of such age as is fixed in the contract or conditions of service as
the age on the attainment of which such employee shall vacate the employment.]
**3. Coal Mines Provident Fund Scheme.—(1) The Central Government may, by notification in the**
Official Gazette, frame a scheme to be called the Coal Mines Provident Fund Scheme a for the
establishment of a provident fund for [2][employees] and specify the coal mines to which the said scheme
shall apply.
3[(1A) The Fund shall vest in, and be administered by, the Board constituted under section 3A.]
(2) Any scheme framed under the provisions of sub-section (1) may provide for all or any of the
matters specified in the First Schedule.
4[3A. Constitution of Board of Trustees.—(1) The Central Government may, by notification in the
Official Gazette, constitute, with effect from such date as may be specified therein, a Board of Trustees
for the territories to which this Act extends (hereinafter in this Act referred to as the Board) consisting of
the following persons, namely:—
(a) a Chairman appointed by the Central Government;
(b) the Coal Mines Provident Fund Commissioner, ex Officio;
(c) three persons appointed by the Central Government;
(d) not more than six persons representing Governments of such States as the Central
Government may specify in this behalf, from time to time, appointed by the Central Government;
(e) six persons representing employers, appointed by the Central Government after consultation
with such organisations of employers as may be recognised by the Central Government in this behalf,
and of whom at least one shall be a person who is not a member of any such organisation;
(f) six persons representing employees, appointed by the Central Government after consultation
with such organisations of employees as may be recognised by the Central Government in this behalf
and of whom at least one shall be an employee himself and at least one shall be a person who is not a
member of any such organisation.
(2) The terms and conditions subject to which a member of the Board may be appointed and the time,
place and procedure of the meetings of the Board shall be such as may be provided for in the Coal Mines
Provident Fund Scheme.
(3) The Board shall [5][, subject to the provisions of section 3E [6][and section 3G],] administer the Fund
Fund vested in it in such manner as may be specified in the Scheme aforesaid.
(4) The Board shall perform such other functions as it may be required to perform by or under any
provisions of [7][the Coal Mines Provident Fund Scheme [8][, the Coal Mines Family Pension Scheme and
the Insurance Scheme]].
1. Ins. by Act 23 of 1996, s. 3 (w.e.f. 31-3-1998).
2. Subs. by Act 80 of 1950, s. 4, for “employees in coal mines”.
3. Ins. by Act 45 of 1965, s. 3 (w.e.f. 1-4-1966).
4. Ins. by s. 4, ibid. (w.e.f. 1-4-1966).
5. Ins. by Act 16 of 1971, s. 6 (w.e.f. 13-2-1971).
6. Ins. by Act 99 of 1976, s. 5 (w.e.f. 1-8-1976).
7. Subs. by Act 16 of 1971, s. 6, for “the scheme aforesaid” (w.e.f. 13-2-1971).
8. subs. by Act 99 of 1976, s. 5, for “and the Coal Mines Family Pension Scheme” (w.e.f. 1-8-1976).
5
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**3B. Board of Trustee to be a body corporate.—The board of Trustees constituted under section 3 A**
shall be a body corporate under the name specified in the notification constituting it, having perpetual
succession and a common seal and shall by the said name sue and be sued.
**3C. Appointment of officers.—(1) The Central Government shall appoint a Coal Mines Provident**
Fund Commissioner, who shall be the chief executive officer of the Board and shall be subject to the
general control and superintendence of the Board.
(2) The Central Government may also appoint as many other officers, whose minimum monthly
salary in the scale of pay (if any) applicable to them is not less than four hundred rupees, as it may
consider necessary to assist the Coal Mines Provident Fund Commissioner in the discharge of his duties.
(3) Subject to the provisions of sub-sections (1) and (2), the Board may appoint such other officers
and employees as it may consider necessary for the efficient administration of the Coal Mines Provident
Fund Scheme, [1][, the Coal Mines Family Pension Scheme and the Insurance Scheme].
(4) The method of recruitment, salary and allowance, discipline and other conditions of service of the
Coal Mines Provident Fund Commissioner shall be such as may be specified by the Central Government
and such salary and allowances shall be paid out of the Fund.
(5) The method of recruitment, salary and allowances, discipline and other conditions of service of
other officers and employees of the Board shall be such as may be specified by the Board with the
approval of the Central Government.
**3D. Transfer of accounts.—(1) Where any employee who is a subscriber to any provident fund of**
the coal mine in which he is employed becomes a member of the fund in accordance with the provisions
of any Coal Mines Provident Fund Scheme, the accumulations in the provident fund of the coal mine
standing to the credit of the employees shall, notwithstanding anything to the contrary contained in any
law for the time being in force or in any deed or other instrument establishing the provident fund but
subject to the provisions, if any, contained in the Scheme, be transferred, by such person and within such
time as may be provided in the Scheme, to the Fund and shall be credited to the account of the employee
in the Fund.
(2) Where a member of the Fund leaves his employment in a coal mine and obtains re-employment in
any other establishment (not being a coal mine to which the Coal Mines Provident Fund Scheme applies)
and becomes a subscriber to any provident fund of that establishment, the amount of accumulations to the
credit of such employee in the Fund shall be transferred, within such time as may be specified by the
Central Government in this behalf, to the credit of his account in the provident fund of the establishment
in which he is re-employed, if the employee so desires and the rules in relation to that provident fund
permit such transfer.
(3) Where any employee who is a subscriber to any provident fund of an establishment (not being a
coal mine to which the Coal Mines Provident Fund Scheme applies) leaves his employment in that
establishment and obtains re-employment in a coal-mine and becomes a member of the Fund, the amount
of accumulations to the credit 100 of such employee in the provident fund of the establishment left by him
shall, if the employee so desires and the rules in relation to such provident fund so permit, be transferred
to the credit of his account in the Fund.]
2[3E. Coal Mines Pension Scheme.—(1) The Central Government may, by notification in the
Official Gazette, frame a scheme to be called the Coal Mines Pension Scheme for the purpose of
providing for—
(a) superannuation pension, retiring pension or permanent total disablement pension to the
persons employed in any coal mine or class of coal mines to which this Act applies; and
(b) widow or widower pension, children pension or orphan pension and life assurance benefits,
payable to the beneficiaries of such employees.
1. Subs. by Act 99 of 1976, s. 6, for “and the Coal Mines Family Pension Scheme” (w.e.f. 1-8-1976).
2. Subs. by Act 23 of 1996, s. 5, for section 3E (w.e.f. 31-3-1998).
6
-----
(2) Notwithstanding anything contained in section 3, there shall be established, as soon as may be
after framing of the Pension Scheme, a Pension Fund into which there shall be paid, from time to time, in
respect of every employee who is a member of the Pension Scheme,—
(a) such sums, not exceeding one-fourth, of the amount payable to the Fund under sub-section (1)
of section 10D as the employer‟s contribution as well as the employee‟s contribution, as may be
specified in the Pension Scheme;
(b) such sums as the Central Government may, after due appropriation made by Parliament by
law in this behalf, specify;
(c) the net assets of the [Pension Fund] as existed immediately before the establishment of the
Pension Fund; and
(d) any other contribution which may be made to the Pension Fund with the previous approval of
the Central Government.
(3) On the establishment of the Pension Fund, the Pension Scheme (hereinafter referred to as the
ceased scheme) shall cease to operate and all assets of the ceased scheme shall vest in, and shall stand
transferred to, and all liabilities under the ceased scheme shall be enforceable against, the Pension Fund
and the beneficiaries under the ceased scheme shall be entitled to draw the benefits, not less than the
benefits, they were entitled to under the ceased scheme, from the Pension Fund.
(4) The Pension Fund shall vest in and be administered by the Board in such manner as may be
specified in the Pension Scheme.
(5) A Scheme framed under the provision of sub-section (1) may provide for all or any of the matters
specified in the Second Schedule.]
**3F. Special grant by Central Government.—The Central Government shall, after due appropriation**
made by Parliament by law in this behalf, pay such further sums as may be determined by it into the
Family Pension Fund to meet all the expenses in connection with the administration of the Coal Mines
Family Pension Scheme other than the expenses towards the cost of any benefits provided by or under the
said Scheme.]
1 [3G. Coal Mines Deposit-linked Insurance Scheme.—(1) The Central Government may, by
notification in the Official Gazette, frame a scheme to be called the Coal Mines Deposit-linked Insurance
Scheme for the purpose of providing life insurance benefits to such employees as are covered by the Coal
Mines Provident Fund Scheme.
(2) There shall be established, as soon as may be after the framing of the Insurance Scheme, a
Deposit-linked Insurance Fund into which shall be paid by the employer from time to time in respect of
every such employee in relation to whom he is the employer such amount, not being more than one per
cent. of the aggregate of the basic wages, dearness allowance and retaining allowance (if any) for the time
being payable in relation to such employee, as the Central Government may, be notification in the Official
Gazette, specify.
_Explanation.—For the purposes of this sub-section,—_
(a) the expression “basic wages” has the meaning assigned to it in the Employees‟ Provident
Funds and Miscellaneous Provisions Act, 1952 (19 of 1952);
(b) “dearness allowance” means all cash payments, by whatever name called, paid to an employee
on account of a rise in the cost of living and shall be deemed to include also the cash value of any
food concession allowed to the employee;
(c) “retaining allowance” means an allowance payable for the time being to an employee of any
coal mine during any period in which the coal mine is not working, for retaining his services.
(3) The Central Government shall after due appropriation made by Parliament by law, contribute to
the Insurance Fund in relation to each employee covered by the Coal Mines Provident Fund Scheme, an
1. Ins. by Act 99 of 1976, s. 7 (w.e.f. 1-8-1976).
7
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amount representing one half of the contribution which an employer is required, by sub-section (2), to
make.
(4) (a) The employer shall pay into the Insurance Fund such further sums of money, not exceeding
one-fourth of the contribution which he is required to make under sub-section (2), as the Central
Government, may from time to time, determine, to meet all the expenses in connection with the
administration of the Insurance Scheme other than the expenses towards the cost of any benefits provided
by or under that scheme.
(b) The Central Government shall, after due appropriation made by Parliament by law, pay into the
Insurance Fund such further sums of money representing one-half of the sums payable by the employer
under clause (a), to meet all the expenses in connection with the administration of the Insurance Scheme
other than the expenses towards the cost of any benefits provided by or under that scheme.
(5) The Insurance Fund shall vest in the Board and shall be administered by the Board in such manner
as may be specified in the Insurance Scheme.
(6) Any scheme framed under the provisions of sub-section (1) may provide for all or any of the
matters specified in the Third Schedule.]
1[4. Fund to be recognised under Act 43 of 1961.—For the purposes of the Income-tax Act, 1961,
the Fund shall be deemed to be a recognised Provident Fund within the meaning of Part A of the Fourth
Schedule to that Act.]
**5. Coal Mines Bonus Schemes.—(1) The Central Government may, by notification in the Official**
Gazette, frame a scheme to be called the Coal Mines Bonus Scheme for the payment of bonus to
2[employees] and specify the coal mines to which the said scheme shall apply.
(2) A scheme framed under the provisions of sub-section (1) may provide for all or any of the matters
specified in the [3][Fourth Schedule.]
4[(3) The employer shall pay the bonus in accordance with the Scheme as aforesaid.]
**6. Retrospective operation of a scheme.—A scheme framed under this Act may provide that any of**
its provisions shall come into force either prospectively or retrospectively with effect from such date as
may be specified in this behalf in the scheme.
**7. Modification of a scheme.—The Central Government may, by notification in the Official Gazette,**
add to, amend or vary, [5][either prospectively or retrospectively] a scheme framed under this Act.
6[7A. Schemes to be laid before Parliament.—Every scheme made under this Act shall be laid as
soon as may be after it is made, before each House of Parliament while it is in session for a total period of
thirty days which may be comprised in one session or in [7][two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive sessions aforesaid], both
Houses agree in making any modification in the scheme or both Houses agree that the scheme should not
be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that scheme.
**7B. Determination of moneys due from employers.—(1) The Coal Mines Provident Fund**
Commissioner or any other officer duly authorised in this behalf by the Central Government may, by
order, determine the amount due from any employer under any provision of this Act or of any scheme
framed thereunder and for this purpose may conduct such enquiry as he may deem necessary.
1. Subs. by Act 23 of 1996, s. 6, for section 4 (w.e.f. 31-3-1996).
2. Subs. by Act 80 of 1950, s. 4, for “employees in coal mines”.
3. Subs. by Act 99 of 1976, s. 8, for “Third Schedule” (w.e.f. 1-8-1976).
4. Ins. by Act 45 of 1965, s. 5 (w.e.f. 1-4-1966).
5. Ins. by Act 99 of 1976, s. 9 (w.e.f. 1-8-1976).
6. Ins. by Act 45 of 1965, s. 6 (w.e.f. 1-4-1966).
7. Subs. by Act 99 of 1976, s. 10, for certain words (w.e.f. 1-8-1976).
8
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(2) The officer conducting the enquiry under sub-section (1) shall, for the purpose of such enquiry,
have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908) for
trying a suit in respect of the following matters, namely:—
(a) enforcing the attendance of any person or examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit;
(d) issuing commissions for the examination of witnesses;
and any such enquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and
228, and for the purpose of section 196, of the Indian Penal Code (45 of 1860).
(3) No order determining the amount due from any employer shall be made under sub-section (1)
unless the employer is given a reasonable opportunity of representing his case.
(4) An order made under this section shall be final and shall not be questioned in any Court of law.]
**8. Protection against attachment.—(1) The amount of provident fund standing to the credit of any**
member in the Fund shall not in any way be capable of being assigned or charged and shall not be liable
to attachment under any decree or order of any Court in respect of any debt or liability incurred by the
member and neither the Official Assignee nor any Receiver appointed under the Provincial Insolvency
Act, 1920 (5 of 1920), shall be entitled to, or have any claim on, any such amount.
(2) Any amount standing to the credit of any member in the Fund at the time of his death and payable
to his nominee under the Coal Mines Provident Fund Scheme shall, subject to any deduction authorized
by the said scheme, vest in the nominee and shall be free from any debt or other liability incurred by the
deceased or incurred by the nominee before the death of the member.
1[(3) The provisions of sub-section (1) and sub-section (2) shall, so far as may be, apply in relation to
the family pension or any other amount payable under the Coal Mines Family Pension Scheme [2][and also
in relation to any amount payable under the Insurance Scheme] as they apply in relation to any amount
payable out of the Fund.]
**9. Penalty.—[3][(1) If any person—**
(a) contravenes any provisions of this Act or of any scheme framed thereunder, he shall be
punishable with imprisonment for a term which may extend to six months, or with fine which may
extend to one thousand rupees or with both;
(b) who has been convicted of any offence punishable is aforesaid, is again guilty of any such
offence within a period of two years from the date of the previous conviction, he shall be punishable
on conviction with imprisonment for a term which may extend to one year, or with fine which may
extend to two thousand rupees, or with both.]
(2) No Court shall take cognizance of any offence punishable under [4][sub-section (1)] except on a
report in writing of the facts constituting such offence made by an Inspector with the previous sanction of
such authority as may be specified in this behalf by the Central Government.
5[(3) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any
offence punishable under sub-section (1)].
**10. Inspectors.—(1) The Central Government may, by notification in the Official Gazette, appoint**
such persons as it thinks fit to be Inspectors for the purposes of the Coal Mines Provident Fund Scheme
6[or the Insurance Scheme] or the Coal Mines Bonus Scheme and may define their jurisdiction.
1. Ins. by Act 16 of 1971, s. 10 (w.e.f. 13-2-1971).
2. Ins. by Act 99 of 1976, s. 11 (w.e.f. 1-8-1976).
3. Subs. by Act 45 of 1965, s. 7, for sub-section (1) (w.e.f. 1-4-1966).
4. Subs. by s. 7, ibid., for “any such scheme” (w.e.f. 1-4-1966).
5. Ins. by s. 7, ibid. (w.e.f. 1-4-1966).
6. Ins. by Act 99 of 1976, s. 12 (w.e.f. 1-8-1976).
9
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(2) An Inspector may, in respect of any coal mine within his jurisdiction,—
1 [(a) require an employer or any contractor from whom any amount is recoverable under
section 10E—
(i) to furnish such information, or
(ii) to produce in the office of the Inspector or such other place as may be nearer to the
employer or, as the case may be, the contractor, such accounts, books, registers and other
documents,
relating to the employment of persons in a coal mine as the Inspector may consider necessary for the
purposes of any scheme framed under this Act;]
(b) at any reasonable time [2][and with such assistance, if any, as he may think fit, enter and search
any coal mine] and require any one found in charge thereof to produce before him such accounts,
books, registers and other documents relating to the employment of persons in the coal mine as he
may consider necessary;
(c) examine, with respect to any matter relevant to any of the purposes aforesaid, the employer
3[or any contractor from whom any amount is recoverable under section 10E], his agent or servant or
any other person found in charge of the coal mine [4]* * * or whom the Inspector has reasonable cause
to believe to be or to have been an employee in the coal mine.
3(d) make copies of, or take extracts from, any accounts, books, registers or other documents
maintained in relation to a coal mine and where he has reason to believe that any offence under this
Act has been committed by an employer or contractor, seize with such assistance as he may think fit,
such accounts, books, registers or other documents or portions thereof as he may consider relevant in
respect of that offence;
(e) exercise such other powers as any such Scheme may provide.]
3(2A) Every person required to furnish any information or produce any document under clause (a) or
clause (b) of sub-section (2) shall be deemed to be legally bound to do so within the meaning of section
175 of the Indian Penal Code (45 of 1860).
(2B) The provisions of the [5][Code of Criminal Procedure, 1973, (2 of 1974)] shall, so far as may be,
apply to any search or seizure under sub-section (2) as they apply to any search or seizure made under the
authority of a warrant issued under [5][section 94 of the said Code.]
(3) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code, 1860 (45 of 1860).
6[10A, Mode of recovery of money due from an employer.—Any amount due from an employer in
in respect of any contribution or bonus under any scheme framed under this Act [7][or any accumulations
required to be transferred under sub-section (1) or sub-section (3) of section 3D or any damages
recoverable under section 10F or any charges payable by the employer under this Act in respect of the
administration of any such scheme] may be recovered by the Central Government in the same manner as
an arrear of land revenue.]
8[10B. Determination of employer in certain cases.—(1) Where the employer is a firm or other
association of individuals, all, or any of the partners or members thereof, or where the employer is a
company, all or any of the directors thereof, may be prosecuted and punished under this Act for any
offence for which the employer is punishable:
1. Subs. by Act 45 of 1965, s. 8, for clause (a) (w.e.f. 1-4-1966).
2. Subs. by s. 8, ibid., for “enter any coal mine or its office” (w.e.f. 1-4-1966).
3. Ins. by s. 8, ibid. (w.e.f. 1-4-1966).
4. The words “or its office” omitted by s. 8, ibid. (w.e.f. 1-4-1996).
5. Subs. by Act 23 of 1996, s. 7, for certain words (w.e.f. 31-3-1996).
6. Ins. by Act 21 of 1951, s. 2.
7. Ins. by Act 45 of 1965, s. 9 (w.e.f. 1-4-1966).
8. Ins. by s. 10, ibid. (w.e.f. 1-4-1966).
10
-----
Provided that where a firm, association or company has given notice in writing to the Coal Mines
Provident Fund Commissioner or any officer specified by the Central Government in this behalf that it
has nominated,—
(a) in the case of a firm, any of its partners,
(b) in the case of an association, any of its members,
(c) in the case of a company, any of its directors,
who is resident in each case in any place to which this Act extends and who is in each case either in fact
in charge of the management of, or holds the largest number of shares in, such firm, association or
company, to assume the responsibility of the employer for the purposes of this Act or of any scheme
framed thereunder, such partner, member or director, as the case may be, shall, so long as he continues to
so reside and be in charge or hold the largest number of shares as aforesaid, be deemed to be the employer
for the purposes of this Act or any scheme framed thereunder, unless a notice in writing cancelling his
nomination or stating that he has ceased to be a partner, member or director, as the case may be, is
received by the Coal Mines Provident Fund Commissioner or any officer specified by the Central
Government in this behalf.
(2) Where the employer is a Government or any local authority, all or any of the officers or persons
authorised by such Government or local authority, as the case may be, to manage the affairs of the coal
mine, shall, notwithstanding anything to the contrary contained in any law or contract for the time being
in force, be deemed to be the employers or employer in respect of the coal mine and may be prosecuted
and punished under this Act for any offence for which the employer is punishable.
**10C. Delegation of powers.—(1) The Central Government may, by notification in the Official**
Gazette, direct that any power exercisable by it under this Act or any scheme framed thereunder shall,
subject to such conditions, if any, as may be specified in the notification, be exercisable also by the Coal
Mines Provident Fund Commissioner or any officer authorised in this behalf by the Central Government.
(2) The Board may delegate to its Chairman or the Coal Mines Provident Fund Commissioner or any
other officer or the Board, subject to such conditions and limitations, if any, as the Board may specify,
such of the powers and functions of the Board under this act or any scheme framed thereunder, as the
Board may deem necessary for the efficient administration of any scheme framed under this Act.
**10D. Payment of contribution by employers and recovery thereof from members.—(1) The**
contribution shall be payable by the employer (hereinafter referred to as the employer‟s contribution) and
by the employee (hereinafter referred to as the employee‟s contribution) at such rate as may be specified
in the Coal Mines Provident Fund Scheme, and the employer shall pay the employer‟s contribution as
well as the employee‟s contribution, whether or not he has recovered from any employee the employee‟s
share of the contribution.
(2) The amount of any contribution paid by the employer on behalf of a member shall,
notwithstanding anything to the contrary contained in any other law for the time being in force or any
contract, be recoverable by means of deduction from the wages of the member and not otherwise.
(3) Save as otherwise provided in the Coal Mines Provident Fund Scheme, no deduction under
sub-section (2) shall be made from any wages other than such as are paid in respect of the period for
which the contribution is payable.
(4) Notwithstanding any contract to the contrary, the employer shall not be entitled to deduct the
employer‟s contribution or the charges referred to in section 10A from the wages of a member or
otherwise to recover such contribution or charges from such member.
**10E. Recovery of monies by employers and contractors.—(1) [1][The amount of contribution (that is**
to say the employer‟s contribution as well as the employee‟s contribution in pursuance of the Coal Mines
Provident Fund Scheme and the employer‟s contribution in pursuance of the Insurance Scheme)] and any
charges referred to in section 10A paid or payable by an employer in respect of an employee employed by
or through a contractor and any bonus paid or payable under any Coal Mines Bonus Scheme in respect of
1. Subs. by Act 99 of 1976, s. 13, for certain words and brackets (w.e.f. 1-8-1976).
11
-----
any such employee may be recovered by such employer from the contractor either by deduction from any
amount payable to the contractor under any contract or as a debt payable by the contractor.
(2) A contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of
any employee employed by or through him may, save as otherwise provided in the Coal Mines Provident
Fund Scheme, recover from such employee the employee‟s contribution under any such Scheme by
deduction from the wages payable to the employee subject to the condition that no such deduction shall
be made from any wages other than such as are payable in respect of the period to which the employee‟s
contribution relates.
(3) Notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the
employer‟s contribution or the charges or bonus referred to in sub-section (1) from the amount payable to
an employee employed by or through him or otherwise to recover such contribution or charges or bonus
from such employee.
**10F. Power to recover damages.—Where an employer makes default in the payment of any**
contribution or bonus or any charges payable by him under any scheme framed under this Act, or where
any person who is required to transfer provident fund accumulations in accordance with the provisions of
section 3D makes default in the transfer of such accumulations, the Central Government may recover
from such employer or person, as the case may be, such damages, not exceeding twenty-five per cent of
the amount of arrears, as it may think fit to impose.]
**11. Priority of payment of contributions and bonus over other debts.—The amount due in respect**
of any contribution or bonus under a scheme framed under this Act or any charges incurred in respect of
the administration of any such scheme, shall, where the liability therefore has accrued before the persons
liable has been adjudicated insolvent or, in the case of a company ordered to be wound up, before the date
of such order, be deemed to be included among the debts which, under section 49 of the
Presidency-towns Insolvency Act, 1909 (3 of 1909), or under section 61 of the Provincial Insolvency Act,
1920 (5 of 1920), or under section 230 of the [1][Companies Act, 1956 (1 of 1956),] are to be paid in
priority to all other debts in the distribution of the property of the insolvent or the assets of a company
being wound up, as the case may be.
2[11A. Protection for acts done in good faith.—No suit or other legal proceeding shall lie against
any person in respect of anything which is in good faith done or intended to be done under this Act or
under any schemes framed thereunder.]
3[11B. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of
this Act or any scheme framed thereunder the Central Government may, by order published in the Official
Gazette, make such provision or give such direction not inconsistent with the purposes of this Act, as it
appears to it to be necessary or expedient for removing the difficulty.]
4[11C. Power to exempt.—(1) The Central Government may, if requested so to do by the employer,
by notification in the Official Gazette, and subject to such conditions as may be specified in the
notification, exempt any coal mine from the operation of all or any of the provisions of the Insurance
Scheme, if it is satisfied that the employees of such coal mine are without making any separate
contribution or payment of premium, in enjoyment of benefits in the nature of life insurance, whether
linked to their deposits in provident fund or not, and such benefits are more favourable to such employees
than the benefits admissible under the Insurance Scheme.
(2) Without prejudice to the provisions of sub-section (1), the Insurance Scheme may provide for the
exemption of any person or class of persons employed in any coal mine and covered by that scheme from
the operation of all any of the provisions thereof, if the benefits in the nature of life insurance admissible
to such person or class of persons are more favourable than the benefits provided under the Insurance
Scheme.
1. Subs. by Act 23 of 1996, s. 8, for certain words (w.e.f. 31-3-1998).
2. Ins. by Act 80 of 1950, s. 5.
3. Ins. by Act 45 of 1965, s. 11 (w.e.f. 1-4-1966).
4. Ins. by Act 99 of 1976, s. 14 (w.e.f. 1-8-1976).
12
-----
(3) Where in respect of any person or class of persons employed in any coal mine, an exemption is
granted under this section from the operation of all or any of the provisions of the Insurance Scheme
(whether such exemption is granted to the coal mine wherein such person or class of persons is employed
or to the person or class of persons as such), the employer in relation to such coal mine—
(a) shall, in relation to the benefits in the nature of life insurance, to which any such person or
class of persons is entitled, or any insurance fund, maintain such accounts, submit such returns, make
such investment, provide for such facilities for inspection and pay such inspection charges, as the
Central Government may direct;
(b) shall not, at any time after the exemption without the leave of the Central Government, reduce
the total quantum of benefits in the nature of life insurance to which any such person or class of
persons was entitled immediately before the date of the exemption; and
(c) shall, where any such person leaves his employment and obtains reemployment in any other
coal mine transfer within such time as may be specified in this behalf by the Central Government, the
amount of accumulations to the credit of that person in the insurance fund of the coal mine left by him
to the credit of that person‟s account in the insurance fund of the coal mine in which he is
reemployed or, as the case may be, in the Deposit-linked Insurance Fund.
_Explanation.—For the purposes of this sub-section “insurance fund” means any fund established by_
an employer under any scheme for providing benefits in the nature of life insurance to employees,
whether linked to their deposits in provident fund or not, without payment by the employees of any
separate contribution or premium in that behalf.
(4) Any exemption granted under this section may be cancelled by the authority which granted it, by
order in writing, if an employer fails to comply—
(a) in the case of an exemption granted under sub-section (1) with any of the conditions imposed
under that sub-section or with any of the provisions of sub-section (3);
(b) in the case of an exemption granted under sub-section (2), with any of the provisions of
sub-section (3).
(5) Where any exemption granted under sub-section (1) or sub-section (2) is cancelled, the amount of
accumulations to the credit of every employee to whom such exemption applied, in the insurance fund of
the coal mine in which he is employed shall be transferred within such time and in such manner as may be
specified in the Insurance Scheme to the credit of his account in the Insurance Fund.
**11D. Act to have effect notwithstanding anything contained in Act 31 of 1956.—The provisions**
of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Life
Insurance Corporation Act, 1956.]
**12. Repeal of Ordinance 7 of 1948.—(1) The Coal Mines Provident Fund and Bonus Schemes**
Ordinance, 1948, is hereby repealed.
(2) Notwithstanding any such repeal, anything done or any action taken in exercise of any power
conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the
powers conferred by or under this Act, as if this Act had commenced on the 23rd day of April, 1948.
13
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THE FIRST SCHEDULE
(See section 3)
MATTERS TO BE PROVIDED FOR IN THE COAL MINES POROVIDENT FUND SCHEME
1. The employees or class of employees who shall join the Fund, the contributions payable to the
Fund and the conditions under which an employee may be exempted from joining the Fund or from
payment of contributions.
1[2. Payment of contributions to the Fund by employers and by, or on behalf of, 2[employees
(whether employed by an employer directly or by or through a contractor),] the rate, time and manner of
such payment and the manner in which such contributions may be recovered.]
3
[2A. The manner in which employees‟ contribution may be recovered by contractors from
employees employed by or through such contractors.]
3. The payment by the employer of such sums of money as may be considered necessary to meet the
cost of administering the Fund and the rate at which and the manner in which [4][the payment shall be
made.]
5[4. The constitution of any Committee for assisting the Board.]
6[5. The opening of regional and other offices.]
6. The manner in which accounts shall be kept, the investment of moneys belonging to the Fund, the
preparation of a budget, the audit of accounts and the submission of reports to the Central Government.
7. The conditions under which withdrawals from the Fund may be permitted and any deduction or
forfeiture may be made and [7][, the maximum amount of such deduction or forfeiture and the utilisation of
such deducted or forfeited amounts.]
8. The fixation of the rate of interest payable to members by the Central Government in consultation
with the Board of Trustees.
9. The form in which an employee shall furnish particulars about himself and his family when
required.
10. The nomination of a person to receive the amount standing to the credit of a member after his
“death and the cancellation or the change of such nomination.
11. The registers and records to be maintained by the employer [3][or contractor] and the returns to be
furnished by him.
12. The form or design of an identity card or a token or a disc for purposes of identifying any
employee and for the issue, custody and replacement thereof.
13. The fees to be levied for any of the purposes specified in this Schedule.
8[13A. The manner in which accumulations in any existing provident fund shall be transferred to the
Fund under section 3D, and the mode of valuation of any assets which may be transferred by the person
administering such provident fund.
14. Any other matter which is to be provided for in the Coal Mines Provident Fund Scheme or which
may be necessary or proper for the purpose of implementing that Scheme.]
1. Subs. by Act 21 of 1951, s. 3, for para 2 (w.e.f. 28-4-1951).
2. Subs. by Act 45 of 1965, s. 12, for “employees” (w.e.f. 1-4-1966).
3. Ins. by s. 12, ibid. (w.e.f. 1-4-1966).
4. Subs. by Act 21 of 1951, s. 3, for “it shall be paid”.
5. Subs. by Act 45 of 1965, s. 12, for item 4 (w.e.f. 1-4-1966).
6. Subs. by s. 12, ibid., for item 5 (w.e.f. 1-4-1966).
7. Subs. by s. 12, ibid., for certain words (w.e.f. 1-4-1966).
8. Subs. by s. 12, ibid., for item 14 (w.e.f. 1-4-1966).
14
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1[THE SECOND SCHEDULE
(See section 3E(5)]
MATTERS TO BE PROVIDED FOR IN THE COAL MINES FAMILY PENSION SCHEME
1. The employees or class of employees to whom the Coal Mines Pension Scheme shall apply and
the time within which option to join that scheme shall be exercised by those employees to whom the said
scheme does not apply.
2. The time within which the employees who are not members of the Family Pension Scheme under
section 3E as it stood before the commencement of the Coal Mines Provident Fund and Miscellaneous
Provisions (Amendment) Act, 1996 (hereinafter, in this Schedule, referred to as the amending Act) shall
opt for the Pension Scheme.
3. The portion of employers‟ contribution and employees‟ contribution to the Fund which shall be
credited to the Pension Fund and the manner in which it is credited.
4. The Central Government contribution and other contributions to the Fund which shall be credited
to the Pension Fund and the manner in which it is credited.
5. The minimum qualifying service for being eligible for pension and the manner in which the
employees may be granted the benefits of their past service under section 3E as it stood before the
commencement of the amending Act.
6. The regulation of the period of service for which no contribution is received.
7. The manner in which employees‟ interest will be protected against default in payment of
contribution by the employer.
8. The manner in which the accounts of the Pension Fund shall be kept and investment of moneys
belonging to Pension Fund to be made subject to such pattern of investment as may be determined by the
Central Government
9. The form in which an employee shall furnish particulars about himself and the members of his
family whenever required.
10. The forms, registers and records to be maintained in respect of employees required for the
administration of the Pension Scheme.
11. The scale of pension and pensionary benefits and the conditions relating to grant of such benefits
to the employees, the amount of life assurance payable under the Pension Scheme and the manner of such
payment.
12. The mode of disbursement of pension and arrangements to be entered into with such disbursing
agencies as may be specified for the purpose.
13. The manner in which the expenses incurred in connection with the administration of the Pension
Scheme may be paid by the Central Government to the Board.
14. Nomination of persons for receiving pension and assurance amounts in the case of death of an
employee.
15. Any other matter which is to be provided for in the Pension Scheme or which may be necessary or
proper for the purpose of implementation of the Pension Scheme.].
1. Subs. by Act 23 of 1996, s. 9, for the Second Schedule (w.e.f. 31-3-1998).
15
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1[THE THIRD SCHEDULE
(See section 3G)
MATTERS TO BE PROVIDED FOR IN THE COAL MINES DEPOSIT-LINKED INSURANCE SCHEME
1. The employees or class of employees who shall be covered by the Insurance Scheme.
2. The manner in which the accounts of the Insurance Fund shall be kept and the investment of
moneys belonging to the Insurance Fund, subject to such pattern of investment as may be determined, by
order, by the Central Government.
3. The form in which an employee shall furnish particulars about himself and the members of his
family whenever required.
4. The nomination of a person to receive the insurance amount due to the employee after his death
and the cancellation or variation of such nomination.
5. The registers and records to be maintained in respect of employees; the form or design of any
identity card, token or disc for the purpose of identifying any employee or his nominee or member of his
family entitled to receive the insurance amount.
6. The scales of insurance amount which shall not be less than the average balance in the account of
the employee concerned in the Fund during a period of three years immediately preceding his death or
more than rupees ten thousand.
7. The minimum average balance to be maintained by an employee in the Fund to make him eligible
for the benefits under the scheme.
8. The manner in which the amount due to the nominee or the member of the family of the employee
under the scheme is to be paid including a provision that the amount shall not be paid otherwise than in
the form of a deposit in a savings bank account, in the name of such nominee or member of family, in any
corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1970 (5 of 1970).
9. Any other matter which is to be provided for in the Insurance Scheme or which may be necessary
or proper for the purpose of implementing that scheme.]
1. Ins. by Act 99 of 1976, s. 15 (w.e.f. 1-8-1976).
16
-----
1[THE FOURTH SCHEDULE]
(See section 5)
MATTERS TO BE PROVIDED FOR IN THE COAL MINES BONUS SCHEME
1. The payment of bonus dependent on the attendance of an [2][employee] during any period.
2. The employees or class of employees who shall be eligible for the bonus and the conditions of
eligibility.
3. The rate at which the bonus shall be payable to an employee and the manner in which the bonus
shall be calculated.
4. The conditions under which an employee may be debarred from getting the bonus in whole or in
part.
5. The rate at which sums shall be set apart by the employer for payment of bonus and the time and
manner of such payment.
6. The registers and records to be maintained by the employer [3][or contractor] and the returns to be
furnished by him.
4
[6A. The transfer, by an employer to the Fund or any other fund specified by the Central
Government, of the amount of bonus remaining unpaid or unclaimed for a period of six months from the
end of the quarter to which the bonus relates and the extinguishment of the employer‟s liability to his
employees to the extent of the amount so transferred.
7. Any other matter which is to be provided for in the Coal Mines Bonus Scheme or which may be
necessary or proper for the purpose of implementing that Scheme.]
1. THE THIRD SCHEDULE re-numbered as THE FOUTH SCHEDULE by Act 99 of 1976, s. 15 (w.e.f. 1-8-1976).
2. Subs. by Act 80 of 1950, s. 6, for “employee in coal mine”.
3. Ins. by Act 45 of 1965, s. 13 (w.e.f. 1-4-1966).
4. Subs. by s. 13, ibid., for item 7 (w.e.f. 1-4-1966).
17
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|
3-Sep-1948 | 41 | The Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1763/1/A1948-41.pdf | central | # THE DIPLOMATIC AND CONSULAR OFFICERS
(OATHS AND FEES) ACT, 1948
_________
ARRANGEMENT OF SECTIONS
________
SECTIONS
1. Short title.
2. Definitions.
3. Powers as to oaths and notarial acts abroad.
4. Punishment for offences under this Act.
5. Trial of offences.
6. Power to prescribe fees.
7. Publication and issue of tables of fees.
8. Power to make rules.
1
-----
# THE DIPLOMATIC AND CONSULAR OFFICERS
(OATHS AND FEES) ACT, 1948
ACT NO. 41 OF 1948[1]
[3rd September, 1948.]
# An Act to provide for the administration of oaths by diplomatic and consular officers and to
prescribe the fees leviable in respect of certain of their official duties.
WHEREAS it is expedient to provide for the administration of oaths by diplomatic and consular
officers and for the levy of fees in respect of certain official duties performed by them;
It is hereby enacted as follows:—
**1. Short title.—This Act may be called the Diplomatic and Consular Officers (Oaths and Fees)**
Act, 1948.
**2. Definitions.—In this Act,—**
(a) “consular officer” includes consul-general, consul, vice-consul, consular agent, pro-consul
and any other person authorised to perform the duties of consul-general, consul, vice-consul or
consular agent;
(b) “diplomatic officer” means any ambassador, envoy, minister, charge d’affaires, or secretary
of embassy or legation; and
(c) “prescribed” means prescribed by rules made under this Act.
2* * * * *
**3. Powers as to oaths and notarial acts abroad.—(1) Every diplomatic or consular officer may, in**
any foreign country or place where he is exercising his functions, administer any oath and take any
affidavit and also do any notarial act which any notary public may do within [3][a State]; and every oath,
affidavit and notarial act administered, sworn or done by or before any such person shall be as effectual
as if duly administered, sworn or done by or before any lawful authority in [4][a State].
(2) Any document purporting to have affixed, impressed or subscribed thereon or thereto the seal and
signature of any person authorised by this Act to administer an oath in testimony of any oath, affidavit or
act, being administered, taken or done by or before him, shall be admitted in evidence without proof of
the seal or signature being the seal or signature of that person, or of the official character of that person.
**4. Punishment for offences under this Act.—(1) Whoever swears falsely in any oath or affidavit**
taken or made in accordance with the provisions of this Act shall be punished with imprisonment for a
term which may extend to three years and shall also be liable to fine.
(2) Whoever forges or fraudulently alters the seal or signature of any person authorised by or under
this Act to administer an oath or tenders in evidence, or otherwise uses, any affidavit having any seal or
signature so forged or counterfeited or fraudulently altered knowing the same to be forged, counterfeited
or fraudulently altered, shall be punished with imprisonment for a term which may extend to three years
and shall also be liable to fine.
**5. Trial of offences.—Any offence under this Act may be inquired into, dealt with, tried and**
punished in [5][any [6][State]] in which the person charged with the offence was apprehended or is in
custody, in the same manner and to the same extent as if the offence had been committed within the State
where he was apprehended or is in custody.
1. Extended to Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule.
2. Omitted by Act 2 of 1973, s. 2.
3. Subs. by the Adaptation of Laws (No. 3) Order, 1956.
4. Subs., ibid., for “any Part A State”.
5. Subs. by the A.O. 1950, for “any Province of India”.
6. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part A or Part C State”.
2
-----
**6. Power to prescribe fees.—(1) The Central Government may, from time to time, prescribe the fees**
to be levied in respect of any matter or thing done by a diplomatic or consular officer in the execution of
his office.
(2) All such fees shall be levied, accounted for and applied and may be remitted in such manner as
may be prescribed.
(3) A diplomatic or consular officer shall not, save as may be provided by any rules made in this
behalf, ask for or take any fee or reward for or on account of any act or thing, or service done, performed
or rendered by him in the execution of his office.
**7. Publication and issue of tables of fees.—(1) Tables of the fees which may, for the time being, be**
levied under the rules shall be published in such manner and copies thereof shall be issued gratuitously to
such persons as may be prescribed.
(2) Every consular officer, and every diplomatic officer in any: foreign country or place where there
is no consular officer, shall keep exhibited in a conspicuous place in his office a copy of the table of fees
to be levied under this Act and shall permit the same to be inspected by any person interested therein.
**8. Power to make rules.—(1) The Central Government may** [1][, by notification in the Official
Gazette,] make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
prescribe—
(a) the scale of fees leviable under this Act and the manner in which such fees shall be levied and
collected;
(b) the remuneration, if any, payable to a diplomatic or consular officer in the execution of any of
the duties vested in him by this Act;
(c) the registers to be kept and the returns to be made in pursuance of this Act; and
(d) the manner in which copies of tables of fees may be published and distributed.
2[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Ins. by Act 2 of 1973, s. 3.
3
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|
3-Sep-1948 | 37 | The Census Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1519/1/AAA1948___37.pdf | central | # THE CENSUS ACT, 1948
_________
ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title and extent.
2. Definitions.
2A. [Omitted].
3. Central Government to take census.
4. Appointment of census staff.
4A. Staff of every local authority to be made available for taking census.
5. Status of census authorities as public servants.
6. Discharge of duties of census-officers in certain cases.
7. Power to call upon certain persons to give assistance.
7A. Requisitioning premises, of vehicles, etc., for taking of a census.
7B. Payment of compensation.
7C. Power to obtain information.
7D. Power of entry into and inspection of premises, etc.
7E. Eviction from requisitioned premises.
7F. Release of premises from requisition.
7G. Delegation of functions of the Central Government with regard to requisitioning.
7H. Penalty for contravention of any order regarding requisitioning.
8. Asking of questions and obligation to answer.
9. Occupier to permit access and affixing of numbers.
10. Occupier or manager to fill up schedule.
11. Penalties.
12. Sanction required for prosecutions.
13. Operation of other laws not barred.
13A. Certain offences to be cognizable and triable summarily.
14. Jurisdiction.
15. Records of census not open to inspection of admissible in evidence.
15A. Protection of service interests of members of census staff.
15B. Protection of action taken in good faith.
16. Temporary suspension of other laws as to mode of taking census in municipalities.
17. Grant of statistical abstracts.
17A. Power to extend the provisions of Act to other operations.
18. Power to make rules.
-----
# THE CENSUS ACT, 1948
ACT NO. 37 OF 1948[1]
[3rd September, 1948.]
# An Act to provide for certain matters in connection with the taking of census.
WHEREAS it is expedient to provide for the taking of census in [2]* * * India or any part thereof
whenever necessary or desirable and to provide for certain matters in connection with the taking of such
census;
It is hereby enacted as follows:—
**1. Short title and extent.— (1) This Act may be called the Census Act, 1948.**
3[(2) It extends to the whole of India 4* * *].
5[2. Definitions.— In this Act, unless the context otherwise requires, —
(a) “premises” means any land, building or part of a building and includes a hut, shed or other
structure or any part thereof;
(b) “prescribed” means prescribed by rules made under this Act;
(c) “vehicle” means any vehicle used or capable of being used for the purpose of road transport,
whether propelled by mechanical power or otherwise.
**2A. [Rule of construction respecting enactments not extending to Jammu and Kashmir.] Omitted by**
_the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No._
_S.O._ 1123(E) dated (18-3-2020) and _vide Union Territory of Ladakh Reorganisation (Adaptation of_
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).
**3. Central Government to take census.—The Central Government may, by notification in the**
Official Gazette, declare its intention of taking a census in the whole or any part of the territories to which
this Act extends, whenever it may consider it necessary or desirable so to do, and there upon the census
shall be taken.
**4. Appointment of census staff.—(1) The Central Government may appoint a Census Commissioner**
to supervise the taking of the census throughout the area in which the census is intended to be taken,
and [6][Directors of Census Operations] to supervise the taking of the census within the several States.
(2) The State Government may appoint persons as census-officers [7][with such designations as that
Government may deem necessary] to take, or aid in or supervise the taking of, the census within any
specified local area and such persons, when so appointed, shall be bound to serve accordingly.
(3) A declaration in writing, signed by any authority authorised by the State Government in this
behalf, that any person has been duly appointed a census-officer for any local area shall be conclusive
proof of such appointment.
(4) The State Government may delegate to such authority as it thinks fit the power of appointing
census-officers conferred by sub-section (2).
1. The Act has been extended to: —
Goa, Daman and Diu by Regulation 11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1965), with modifications to the whole of the
Union territory of Lakshadweep, vide Regulation 8 of 1965, s. 3 and the Schedule (w.e.f. 1-10-1967).
The State of Sikkim vide Notification No. S.O. 3465, dated 21-9-1976 (w.e.f. 13-9-1976).
2. The words “the Provinces and Acceding States” omitted by the A.O. 1950.
3. Subs., ibid, for the sub-section (2).
4. The words “except the State of Jammu and Kashmir” omitted by Act 22 of 1959, s. 2 (w.e.f 19-5-1959).
5. Subs. by Act 11 of 1994, s. 2, for section 2.
7. Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “Superintendents of Census Operations” (w.e.f. 20-12-1974).
8. Ins. by Act 11 of 1994, s. 3 (w.e.f. 14-1-1994).
-----
[1][4A. Staff of every local authority to he made available for taking census.—Every local
authority in a State shall, when so directed by a written order by the Central Government or by an
authority appointed by that Government in this behalf, make available to any Director of Census
Operations such staff as may be necessary for the performance of any duties in connection with the taking
of census.]
**5. Status of census authorities as public servants.—The Census Commissioner, all [2][Directors of**
Census Operations] and all census-officers shall be deemed to be public servants within the meaning of
the Indian Penal Code (45 of 1860).
**6. Discharge of duties of census-officers in certain cases.—(1) Where the District Magistrate, or**
such authority as the State Government may appoint in this behalf, by a written order so directs—
(a) every officer in command of any body of men belonging to the naval, military or air forces, or
of any vessel of war, of India,
(b) every person (except a pilot or harbourmaster) having charge or control of a vessel,
(c) every person in charge of a lunatic asylum, hospital, workhouse, prison, reformatory or lock
up or of any public, charitable, religious or educational institution,
(d) every keeper, secretary or manager of any sarai, hotel, boarding-house, lodging-house,
immigration depot or club,
(e) every manager or officer of a railway or any commercial or industrial establishment, and
(f) every occupant of immovable property wherein at the time of the taking of the census persons
are living
shall perform such of the duties of a census-officer in relation to the persons who at the time of the taking
of the census are under his command or charge, or are inmates of his house, or are present on or in such
immovable property or are employed under him as may be specified in the order.
(2) All the provisions of this Act relating to census-officers shall apply, so far as may be, to all
persons while performing such duties under this section, and any person refusing or neglecting to perform
any duty which under this section he is directed to perform shall be deemed to have committed an offence
under section 187 of the Indian Penal Code (45 of 1860).
**7. Power to call upon certain persons to give assistance.—The District Magistrate, or such**
authority as the State Government may appoint in this behalf for any local area, may, by written order
which shall have effect throughout the extent of his district or of such local area, as the case may be, call
upon—
(a) all owners and occupiers of land, tenure-holders, and farmers and assignees of land revenue,
or their agents,
(b) all members of the district, municipal, panchayat and other local authorities and officers and
servants of such authorities, and
(c) all officers and members of staff of any factory, firm or establishment,
to give such assistance as shall be specified in the order towards the taking of a census of the persons who
are, at the time of the taking of the census, on the lands of such owners, occupiers, tenure-holders, farmers
and assignees, or in the premises of factories, firms and other establishments, or within the areas for
which such local authorities are established, as the case may be, and the persons to whom an order under
this section is directed shall be bound to obey it and shall, while acting in pursuance of such order, be
deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860).
**3[7A. Requisitioning premises, of vehicles, etc. for taking of a census.— (1) If it appears to the**
Central Government that, in connection with taking of a census, —
1. Ins. by Act 11 of 1994, s. 4.
2. Subs by Act 56 of 1974, s. 3 and the Second Schedule for “Superintendents of Census Operations” (w.e.f. 20-12-1974).
3. Ins. by Act 11 of 1994, s. 5 (w.e.f. 14-1-1994).
-----
(a) any premises are needed or are likely to be needed, or
(b) any vehicle, vessel or animal is needed or is likely to be needed,
that Government may by order in writing requisition such premises, or vehicle, vessel or animal, as the
case may be, and make such further orders as may appear to it to be necessary or expedient in connection
with the requisitioning.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the
Central Government to be the owner or person in possession of the property, and such order shall be
served in the prescribed manner on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall
not extend beyond the period for which such property is required for any of the purposes mentioned in
that sub-section.
**7B. Payment of compensation.—(1) Whenever in pursuance of section 7A the Central Government**
requisitions any premises, there shall be paid to the persons interested compensation the amount of which
shall be determined by taking into consideration the following, namely:—
(i) The rent payable in respect of the premises or if no rent is so payable, the rent payable for
similar premises in the locality;
(ii) If in consequence of the requisition of the premises the person interested is compelled to
change his residence or place of business, the reasonable expenses (if any) incidental to such chance:
Provided that where any person interested being aggrieved by the amount of compensation so
determined makes an application within the prescribed time to the Central Government for referring the
matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in
this behalf by the Central Government may determine:
Provided further that where there is any dispute as to the title to receive the compensation or as to the
apportionment of the amount of compensation, it shall be referred by the Central Government to an
arbitrator appointed in this behalf by that Government for determination, and shall be determined in
accordance with the decision of such arbitrator.
_Explanation.—In this sub-section, the expression “person interested” means the person who was in_
actual possession of the premises requisitioned under section 7A immediately before the requisition, or
where no person was in such actual possession, the owner of such premises.
(2) Whenever in pursuance of section 7A of the Central Government requisitions any vehicle, vessel,
or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined
by the Central Government on the basis of the fares or rates prevailing in the locality for the hire of such
vehicle, vessel or animal:
Provided that where the owner of such vehicle, vessel, or animal being aggrieved by the amount of
compensation so determined makes an application within the prescribed time to the Central Government
for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the
arbitrator appointed in this behalf by the Central Government may determine:
Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue
of a hire-purchase agreement in the possession of a person other than the owner, the amount determined
under this sub-section as the total compensation payable in respect of the requisition shall be apportioned
between that person and the owner in such manner as they may agree upon, and in default of agreement,
in such manner as an arbitrator appointed by the Central Government in this behalf may decide.
**7C. Power to obtain information.—The Central Government may, with a view to requisitioning any**
property under section 7A or determining the compensation payable under section 7B, by order, require
any person to furnish to such authority as may be specified in the order such information in his possession
relating to such property as may be so specified.
**7D. Power of entry into and inspection of premises, etc.—Any person authorised in this behalf by**
the Central Government may enter into any premises and inspect such premises and any vehicle, vessel or
-----
animal therein for the purpose of determining whether, and if so in what manner, an order under
section 7A should be made in relation to such premises, vehicle, vessel or animal or with a view to
securing compliance with any order made under that section.
**7E. Eviction from requisitioned premises.—(1) Any person remaining in possession of any**
requisitioned premises in contravention of any order made under section 7A may be summarily evicted
from the premises by any officer empowered by the Central Government in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable
warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building
or do any other act necessary for effecting such eviction.
**7F. Release of premises from requisition.—(1) When any premises requisitioned under section 7A**
are to be released from requisition, the possession thereof shall be delivered to the person from whom
possession thereof shall be delivered to the person from whom possession was taken at the time when the
premises were requisitioned, or if there were no such person, to the person deemed by the Central
Government to be the owner of such premises, and such delivery of possession shall be a full discharge of
the Central Government from all liabilities in respect of such delivery, but shall not prejudice any rights
in respect of the premises which any other person may be entitled by due process of law to enforce
against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned under section 7A is to be
given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other
person empowered to accept delivery on his behalf, the Central Government shall cause a notice declaring
that such premises are released from requisition to be affixed on some conspicuous part of such premises
and publish the notice in the Official Gazette.
(3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises
specified in such notice shall cease to be subject to requisition on and from the date of such publication
and be deemed to have been delivered to the person entitled to possession thereof, and the Central
Government shall not be liable for any compensation or other claim in respect of such premises for any
period after the said date.
**7G. Delegation of functions of the Central Government with regard to requisitioning.—The**
Central Government may, by notification in the Official Gazette, direct that any powers conferred or any
duty imposed on that Government by any of the provisions of sections 7A to 7F shall, under such
conditions, if any, as may be specified in the direction, be exercised or discharged by such officer as may
be specified.
**7H. Penalty for contravention of any order regarding requisitioning.—If any person contravenes**
any order made under section 7A or section 7C, he shall be punishable with imprisonment for a term
which may extend to one year or with fine or with both.]
**8. Asking of questions and obligation to answer.—(1) A census officer may ask all such questions**
of all persons within the limits of the local area for which he is appointed as, by instructions issued in this
behalf by the [1][Central Government] and published in the Official Gazette, he may be directed to ask.
(2) Every person of whom any question is asked under sub-section (1) shall be legally bound to
answer such question to the best of his knowledge or belief:
Provided that no person shall be bound to state the name of any female member of his household, and
no woman shall be bound to stale the name of her husband or deceased husband or of any other person
whose name she is forbidden by custom to mention.
**9. Occupier to permit access and affirming of numbers.—Every person occupying any house,**
enclosure, vessel or other place shall allow census-officers such access thereto as they may require for the
purposes of the census and as, having regard to the customs of the country, may be reasonable, and shall
allow them to paint on, or affix to, the place such letters, marks or numbers as may be necessary for the
purposes of the census.
1. Subs. by Act 11 of 1994, s. 6, for “State Government” (w.e.f. 14-1-1994).
-----
**10. Occupier or manager to fill up schedule.—(1) Subject to such orders as the** [1] [Census
Commissioner] may issue in this behalf, a census-officer may, within the local area for which he is
appointed, leave or cause to be left a schedule at any dwelling-house or with the manager or any officer of
any commercial or industrial establishment, for the purpose of its being filled up by the occupiers of such
house or of any specified part thereof or by such manager or officer with such particulars as the [1][Census
Commissioner] may direct regarding the inmates of such house or part thereof, or the persons employed
under such manager or officer, as the case may be, at the time of the taking of the census.
(2) When such schedule has been so left, the said occupier, manager or officer, as the case may be,
shall fill it up or cause it to be filled up to the best of' his knowledge or belief so far as regards the inmates
of such house or part thereof or the persons employed under him, as the case may be, at the time
aforesaid, and shall sign his name thereto and, when so required, shall deliver the schedule so filled up
and signed to the census-officer or to such person as the census-officer may direct.
**11. Penalties.—(1)** [2] [(a) any census-officer or any person lawfully required to give assistance
towards the taking of census who refuses to perform any duty imposed upon him by this Act or any rule
made there under, or any person who hinders or obstructs another person in performing any such duty, or
(aa) any census-officer or any person lawfully required to give assistance towards the taking of a
census who neglects to use reasonable diligence in performing any duty imposed upon him or in
obeying any order issued to him in accordance with this Act or any rule made there under, or any
person who hinders or obstructs another person in performing any such duty or obeying any such
order, or]
(b) any census-officer who intentionally puts any offensive or improper question or knowingly
makes any false return or, without the previous sanction of the Central Government or the State
Government, discloses any information which he has received by means of, or for the purposes of, a
census return, or
(c) any sorter, compiler or other member of the census staff who removes, secrets, damages or
destroys any census document or deals with any census document in a manner likely to falsify or
impair the tabulations of census results, or
3[(ca) any local authority which fails to comply with an order made under section 4A, or]
(d) any person who intentionally gives a false answer to, or refuses to answer to the best of his
knowledge or belief, any question asked of him by a census-officer which he is legally bound by
section 8 to answer, or
(e) any person occupying any house, enclosure, vessel or other place who refuses to allow a
census-officer such reasonable access thereto as he is required by section 9 to allow, or
(f) any person who removes, obliterates, alters, or damages any letters, marks or numbers which
have been painted or affixed for the purposes of the census, or
(g) any person who, having been required under section 10 to fill up a schedule, knowingly and
without sufficient cause to comply with the provisions of that section, or makes any false return there
under, or
(h) any person who trespasses into a census office.
shall be punishable with fine which may extend to one thousand rupees and in case of a conviction under
part [4][(a), (b) or (c) shall also be punishable with imprisonment which may extend to three years.]
(2) Whoever abets any offence under sub-section (1) shall be punishable with fine which may extend
to one thousand rupees.
1. Subs. by Act 11 of 1994, s. 7, for “State Government”.
2. Subs. by s. 8, ibid., for Part (a).
3. Ins. by s. 8, ibid.
4. Subs. by s. 8, ibid., for certain brackets, letters and words.
-----
**1[12. Sanction required for prosecutions.—** Without prejudice to the provisions of section 197 of
the Code of Criminal Procedure, 1973 (2 of 1974), no prosecution under this Act shall be instituted except
with the previous sanction,—
(a) in the case of a person who is employed or was at the time of commission of the alleged
offence employed—
(i) in a company, as defined in section 3 of the Companies Act, 1956 (1 of 1956), in which
not less than fifty-one per cent. of the paid-up capital is held by the Central Government or any
company which is a subsidiary thereof within the meaning of that Act, or
(ii) by a corporation or a local authority established by or under a Central Act which is owned
or controlled by the Central Government,
of the Central Government or of an authority authorised in this behalf by that Government; and
(b) in the case of a person other than referred to in clause (a) of the State Government.]
**13. Operation of other laws not barred.—** Nothing in this Act shall be deemed to prevent any
person from being prosecuted under any other law for any act or omission which constitutes an offence
under this Act:
Provided that no such prosecution shall be instituted except with the previous sanction referred to in
section 12.
2[13A. Certain offences to be cognizable and triable summarily.— (1) Notwithstanding anything
contained in the Code of Criminal Procedure. 1973 (2 of 1974), no police officer or court shall take
cognizance of any offence under part (a), (b) or (c) of sub-section (1) of section 11, except upon
information received from or on a complaint made by, as the case may be, the Director of Census
Operations or any officer authorised by him in this behalf.
(2) Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974), every
offence punishable under part (a), (b) or (c) of sub-section (1) of section 11 may be tried summarily.]
**14. Jurisdiction.— No Court inferior to that of a [3][Metropolitan Magistrate or a Judicial Magistrate**
of the first class] [4]***, shall try, whether under this Act or under any other law, any act or omission which
constitutes an offence under this Act.
**15. Records of census not open to inspection of admissible in evidence.— No person shall have a**
right to inspect any book, register or record made by a census-officer in the discharge of his duty as such,
or any schedule delivered under section 10 and notwithstanding anything to the contrary in the Indian
Evidence Act, 1872 (1 of 1872), no entry in any such book, register, record or schedule shall be
admissible as evidence in any civil proceeding whatsoever or in any criminal proceeding other than a
prosecution under this Act or any other law for any act or omission which constitutes an offence under
this Act.
5[15A. Protection of service interests of members of census staff.— No member of the census staff
shall suffer any disability in service by reason of his being on census duty and the period spent by him on
such census duty shall be deemed to be the duty under his lending employer and any duty performed
under this Act shall not in any manner affect the right of promotion or other advancement in his original
service.
**15B. Protection of action taken in good faith.— No suit, prosecution or other legal proceeding shall**
lie against the Census Commissioner or any Director of Census Operations or any census-officer or any
member of the census staff for anything which is in good faith done or intended to be done under this Act
or the rules made thereunder.]
1. Subs. by Act 11 of 1994, s. 9, for section 12.
2. Ins. by s. 10, ibid.
3. Subs. by s. 11, ibid., for certain words.
4. The words and letter “or in a Part B State, Magistrate corresponding to magistrate of second class” omitted by Adaptation of
Laws (No. 3) Order, 1956.
5. Ins. by Act 11 of 1994, s. 12.
-----
**16.** **Temporary** **suspension** **of** **other** **laws** **as** **to** **mode** **of** **taking** **census** **in**
**municipalities.—Notwithstanding anything in any enactment or rule with respect to the mode in which a**
census is to be taken in any municipality, the municipal authority, in consultation with the [1][Director of
Census Operation] or with such other authority as the State Government may authorise in this behalf,
shall, at the time appointed for the taking of any census cause the census of the municipality to be taken
wholly or in part by any method authorised by or under this Act.
**17. Grant of statistical abstracts.—** [2] [Subject to the provisions of section 15, the Census
Commissioner or any Director of Census Operations] may, If he so thinks fit, at the request and cost
(to be determined by him) of any local authority or person, cause abstracts to be prepared and supplied
containing any such statistical information as can be derived from the census returns for [3][lndia or any
State], as the case may be, being information which is not contained in any published report and which in
his opinion it is reasonable for that authority or person to require.
4[17A. Power to extend the provisions of Act to other operations.—The Central Government may,
by notification in the Official Gazette, extend the provisions of this Act, with such restrictions and
modifications as it thinks fit, to pre-tests, pilot studies, census of houses which precede the population
count and post enumeration check and evaluation studies or statistical surveys or any other operation as
may be deemed necessary for the purpose of census.]
**18. Power to make rules.—(1) The Central Government may** [5][by notification in the Official
Gazette] Act may make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central
Government may make rules providing for the appointment of census-officers and of persons to the form
any of the duties of census-officers or to give assistance towards the taking of a census, and for the
general instructions to be issued to such officers and persons [6][and providing for the manner of service of
orders regarding requisitioning of premises, or vehicle; vessel or animal and the time within which the
application may be made to it by any interested person aggrieved by the amount of compensation
determined under section 7B for referring the matter to an arbitrator.]
7[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “Superintendent of Census Operations” (w.e.f. 20-12-1974).
2. Subs. by Act 11 of 1994, s. 13, for certain words.
3. Subs by the A. O. 1950, for “the provinces of India or the Province”
4. Ins. by Act 11 of 1994, s. 14.
5. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
6. Added by Act 11 of 1994, s. 15.
7. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
-----
|
8-Sep-1948 | 53 | The Oilfields (Regulation and Development) Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1397/3/1948-53.pdf | central | # THE OILFIELDS (REGULATION AND DEVELOPMENT) ACT, 1948
___________
ARRANGEMENT OF SECTIONS
_________
SECTIONS
1. Short title, extent and commencement.
2. [Omitted.]
3. Definitions.
4. No mining lease to be valid unless it is in accordance with this Act.
5. Power to make rules as respects mining leases.
6. Power to make rules as respects mineral development.
6A. Royalties in respect of mineral oils.
7. Power to make rules for modification of existing leases.
8. Delegation.
9. Penalties.
10. Laying of rules and notifications.
11. Power of inspection.
12. Relaxation of rules in special cases.
13. Act to be binding on the Government.
14. Protection of action taken in good faith.
THE SCHEDULE.
-----
# THE OILFIELDS (REGULATION AND DEVELOPMENT) ACT, 1948
ACT NO. 53 OF 1948[1]
[8th September, 1948.]
# An Act to provide for the regulation of [2] * * * oilfields and for the development of
3[mineral oil resources].
WHEREAS it is expedient in the public interest to provide for the regulation of [2]* * * oilfields and for
the development of [3][mineral oil resources] [4]* * *;
It is hereby enacted as follows:—
**1. Short title, extent and commencement.—(1) This Act may be called The [5][Oilfields] (Regulation**
and Development) Act, 1948.
6 [(2) It extends to the whole of India 7* * *].
(3) it shall come into force on such date [8]as the Central Government may, by notification in the
Official Gazette, appoint in this behalf.
**2. [Declaration as to expediency of control by Central Government.] mitted by the Mines and**
_Minerals (Regulation and Development)_ _Act, 1957 (67_ _of 1957), s. 32 and the Third Schedule_
(w.e. f. 1-6-1958).]
**3. Definitions.—In this Act, unless there is anything repugnant in the subject or context, —**
(a) the expressions “lessor” and “lessee” respectively include a licensor and licensee;
(b) “mine” means any excavation for the purpose of searching for or obtaining [3][mineral oils] and
includes an oilwell;
(c) [3][“mineral oils”] include natural gas and petroleum;
(d) “mining lease” means a lease granted for the purpose of searching for, winning, working,
getting, making merchantable, carrying away or disposing of [3][mineral oils] or for purposes
connected therewith, and includes an exploring or a prospecting license;
(e) “oilfield” means any area where any operation for the purpose of obtaining natural gas and
petroleum, crude oil, refined oil, partially refined oil and any of the products of petroleum in a liquid
or solid state, is to be or is being carried on.
**4. No mining lease to be valid unless it is in accordance with this Act. —(1) No mining lease shall**
be granted after the commencement of this act otherwise than in accordance with the rules made under
this Act.
(2) Any mining lease granted contrary to the provisions of sub-section (1) shall be void and of no
effect.
1. The Act comes into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, s. 3 and the Schedule 1.
2. The words “mines and, omitted by Act 67 of 1957, s. 32 and the Third Schedule (w.e.f. 1-6-1958).
3. Subs. by s. 32 and the Third Schedule, ibid., for “minerals” (w.e.f. 1-6-1958).
4. The words “to the extent hereinafter specified” omitted by s. 32 and the Third Schedule, ibid., (w.e.f. 1-6-1958).
5. Subs. by s. 32 and the Third Schedule, ibid., for “Mines and Minerals” (w.e.f. 1-6-1958).
6. Subs. by the A.O. 1950, for sub-section 2.
7. The words “except the State of Jammu and Kashmir” omitted by Act 67 of 1957, s. 32 and the Third Schedule,
(w.e.f. 1-6-1958).
8. 25th October, 1949 see Notification No. M-II-155 (24)-I, dated 18th October 1949, Gazette of India, Extraordinary, 1949.
-----
**5. Power to make rules as respects mining leases.—(1) The Central Government may, by**
notification in the Official Gazette, make rules for regulating the grant of mining leases or for prohibiting
the grant of such leases in respect of any [1][mineral oil] or in any area.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide
for all or any of the following matters, namely: —
(a) the manner in which, the [1][mineral oils] or areas in respect of which and the persons by
whom, applications for mining leases may be made and the fees to be paid on any such application;
(b) the authority by which, the terms on which, and the conditions subject to which, mining leases
may be granted;
(c) the maximum or minimum area and the period for which any mining lease may be granted,
and the terms on which leases in respect of contiguous areas may be amalgamated;
(d) the fixing of the maximum and minimum rent payable by a lessee, whether the mine is
worked or not.
**6. Power to make rules as respects mineral development.— (1)The Central Government may, by**
notification in the Official Gazette, make rules for the conservation and development of [2][mineral oils].
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely: —
2* * * *
(c) the development of any [3][mineral oil resources] in any area by prescribing or regulating the
use of any engines, machinery or other equipment;
(d) the regulation of drilling, re-drilling, deepening, shutting down, plugging and abandoning of
oil wells in an oilfield and for the limitation or prohibition of such operations and for the taking of
remedial measures to prevent waste of or damage to oil;
(e) the regulation of the methods of producing oil in any oilfield, and the limitation or prohibition
of such methods;
(f) the compulsory notification of all new borings and shaft sinkings, and the preservation of
boring records and specimens of cores of all new bore-holes;
(g) the taking of samples from mines and new bore-holes;
(h) the regulation of the arrangements for the storage of [2][mineral oils] and the stocks thereof that
may be kept by any person;
4[(i) the collection of royalties, and the levy and collection of fees or taxes, in respect of mineral
oils mined, quarried, excavated or collected;]
(j) the submission by the owners or lessees of mines of special or periodical returns and reports,
and the forms in which and the authorities to whom such returns and reports shall be submitted.
1. Subs. by Act 67 of 1957, s. 32 and the Third Schedule, for “minerals” (w.e.f.1-6-1958).
2. Clauses (a) and (b) omitted by s. 32 and the Third Schedule, ibid., (w.e.f.1-6-1958).
3. Subs. by s. 32 and the Third Schedule, ibid., for “mineral resources” (w.e.f.1-6-58).
4. Subs. by Act 39 of 1969, s. 2, for clause (i) (w.e.f. 1-1-1968).
-----
**1[6A. Royalties in respect of mineral oils.—(1) The holders of a mining lease granted before the**
commencement of the Oilfields (Regulation and Development) Amendment Act, 1969 (39 of 1969) shall,
notwithstanding anything contained in the instrument of lease or in any law in force at such
commencement, pay royalty in respect of any mineral oil mined, quarried, excavated or collected by him
from the leased area after such commencement, at the rate for the time being specified in the Schedule in
respect of that mineral oil.
(2) The holder of a mining lease granted on or after the commencement of the Oilfields
(Regulation and Development) Amendment Act, 1969 (39 of 1969) shall pay royalty in respect of any
mineral oil mined, quarried, excavated or collected by him from the leased area at the rate for the time
being specified in the Schedule in respect of that mineral oil.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), no royalty shall be
payable in respect of any crude oil, casing-head condensate or natural gas which is unavoidably lost or is
returned to the reservoir or is used for drilling or other operations relating to the production of petroleum,
or natural gas, or both
2[(4) The Central Government may, by notification in the Official Gazette, amend the Schedule so as
to enhance or reduce the rate at which royalty shall be payable in respect of any mineral oil with effect
from such date as may be specified in the notification and different rates may be notified in respect of
same mineral oil mined, quarried, excavated or collected from the areas covered by different classes of
mining leases:
Provided that the Central Government shall not fix the rates of royalty in respect of any mineral oil so
as to exceed twenty per cent. of the sale price of the mineral oil at the oilfields or the oil well-head, as the
case may be.
(5) If the Central Government, with a view to encourage exploration in off-shore areas, is satisfied
that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, exempt
generally, either absolutely or subject to such conditions as may be specified in the notification,
mineral oil produced from such areas from the whole or any part of the royalty leviable thereon.]
**7. Power to make rules for modification of existing leases.—(1) The Central Government may, by**
notification in the Official Gazette, make rules for the purpose of modifying or altering the terms and
conditions of any mining lease granted prior to the commencement of this Act so as to bring such lease
into conformity with the rules made under sections 5 and 6:
Provided that any rules so made which provide for the matters mentioned in clause (c) of
sub-section (2) shall not come into force until they have been approved, either with or without
modifications, by [3][the House of the People].
(2) The rules made under sub-section (1) shall provide—
(a) for giving previous notice of the modification or alteration proposed to be made thereunder to
the lessee, and where the lessor is not the Central Government, also to the lessor, and for affording
them an opportunity of showing cause against the proposal;
(b) for the payment of compensation by the party who would be benefited by the proposed
modification or alteration to the party whose right under the existing lease would thereby be
adversely affected; and
1. Ins. by Act 39 of 1969, s. 3, (w.e.f. 1-1-1968).
2. Subs. by Act 29 of 1998, s. 2, for sub-section (4) (w.e.f. 3-9-1998).
3. Subs. by the A. O. 1950, for “the Central Legislature”
-----
(c) for the principles on which, the manner in which and the authority by which the said
compensation shall be determined.
**8. Delegation.—The Central Government may, by notification in the Official Gazette, direct that any**
power exercisable under this Act shall be exercised, subject to such conditions, if any, as may be
specified therein by such officer or authority as may be specified in the direction.
**9. Penalties.—(1) Any rule made under any of the provisions of this Act may provide that any**
contravention thereof shall be punishable with imprisonment which may extend to six months or with fine
which may extend to one thousand rupees or with both.
(2) Whoever, after having been convicted of any offence referred to in sub-section (1), continues to
commit such offence shall be punishable for each day after the date of the first conviction during which
he continues so to offend, with fine which may extend to one hundred rupees.
**1[10. Laying of rules and notifications.—Every rule made under this Act and every notification**
issued [2][under sub-section (4) or sub-section (5) of section 6A] shall be laid, as soon as may be after it is
made or issued, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or notification or both Houses agree that the rule or notification
should not be made or issued, the rule or notification shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule or notification.]
**11. Power of inspection.—(1) For the purpose of ascertaining the position of the working, actual or**
prospective, of any mine or abandoned mine or for any other purpose mentioned in this Act or the rules
made thereunder, any officer authorised by the Central Government in this behalf shall have the
right to—
(a) enter and inspect any mine;
(b) order the production of any document, book, register or record in the possession or power of
any person having the control of, or connected with, any mine;
(c) examine any person having the control of, or connected with, any mine.
(2) Any officer authorised by the Central Government under sub-section (1) shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
**12. Relaxation of rules in special cases.—The Central Government may, if satisfied that it is in the**
public interest so to do, authorise in any case the granting of any mining lease, or the working of any
mine on terms and conditions different from those laid down in the rules made under sections 5 and 6.
3[13. Act to be binding on the Government.—The provisions of this Act shall be binding on the
Government.]
**14. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding**
whatever shall lie against any person for anything which is in good faith done or intended to be done
under this Act.
1. Subs. by Act 20 of 1984, s. 3, for the original section 10.
2. Subs. by Act 29 of 1998, s. 3, for “under sub-section (4) of section 6A” (w.e.f. 3-9-1998).
3. Subs. by the A. O. 1950, for s. 13 (w.e.f. 26-1-1950).
-----
1[THE SCHEDULE
(See section 6A)
RATES OF ROYALTY
**1. CRUDE OIL:**
(1) PRODUCTION FROM AREAS OUTSIDE NEW EXPLORATION LICENSING POLICY
(NELP) REGIME
A. NOMINATION BLOCKS
(i) from 1.4.1993 to 31.3.1996: @ Rs. 539.20 Per Metric Tonne
(ii) from 1.4.1996 to 31.3.1998: @ Rs. 603.95 Per Metric Tonne
B. PRODUCTION FROM AREAS AWARDED ON NOMINATION BASIS TO NATIONAL
OIL COMPANIES (NOCs), EXPLORATION BLOCKS AWARDED TO PRIVATE/ JOINT
VENTURE CONTRACTORS PRIOR TO NEW EXPLORATION LICENSING POLICY (NELP)
AND ONLAND DISCOVERED FIELDS AWARDED TO PRIVATE/JOINT VENTURE
CONTRACTORS:
(i) from 1.4.1998 to 31.3.2002 : Monthly average rate per Metric Tonne as per Statement
appended;
(ii) With effect from 1.4.2002:
(a) On land areas: @ 20% of Well Head Price
(b) Shallow water offshore areas (upto 400 Mtr water depth): @ 10% of Well Head Price
(c) Deep water offshore areas (> 400 Mtr. Water depth) : @ 5 % of well head price during
first 7 years after commercial production and normal rates as applicable to Shallow water areas
(upto 400 Mtr. Water depth) during other periods.
(d) Heavier Crude Oils of 25° API and less : 2.5% lesser than the applicable rates as above
(e) Reduced rates of royalty, as may be notified by the Government from time to time, will be
levied on production from fields under Enhanced Oil Recovery (EOR)/ Improved Oil Recovery
(IOR).
C. PRODUCTION FROM OFFSHORE DISCOVERED FIELDS AWARDED TO PRIVATE
/JOINT VENTURE CONTRACTORS:
At the rates as specified in respective Production Sharing Contracts (PSCs)
(2) PRODUCTION FROM AREAS UNDER NELP REGIME:
At the rates determined in accordance with the provisions under respective Production Sharing
Contracts (PSCs).
2[(3) Production from contracts awarded under Bid Round-1 of Discovered Small Field Policy, 2015:]
(a) [3] [12.5 per cent of the value of crude oil receivable from the buyer in respect of
production from on-shore contracts.
(b) 10 per cent of the value of crude oil receivable from the buyers in respect of production
from deep water off-shore (>400 meters water depth) contracts for the first seven years after
commercial production in the contract area and normal rates as applicable to shallow water (up
to 400 meters water depth) contracts during remaining periods.]
1. Ins. by Act 39 of 1969, s. 4 (w.e.f. 1-1-1968).
2. Ins. by S.O. 173(E), dated 15. 01. 2016.
3. Ins. by S.O. 173(E), dated 15.01. 2016.
-----
1[(4) Production form contracts awarded under Bid Round-II of Discovered Small Field Policy and
Hydrocarbon Exploration and Licensing Policy (HELP):
(a) for on-land blocks: 12.5%
(b) for shallow water : 7. 5%
(c) for deep water : no royalty shall be payable for the first seven years from the date of
commercial production of crude oil from deep water and shall be payable at 5% thereafter.
(d) for ultra deep water: no royalty shall be payable for the first seven years from the date of
commercial production of crude oil form ultra deep water and shall be payable at 2% thereafter.]
2[(5) Concessional rates of royalty in case of early commercial production from contract areas
awarded under Hydrocarbon Exploration and Licensing Policy:
For contract areas awarded under Hydrocarbon Exploration and Licensing Policy in respect of bids
invited on or after the coming into force of this paragraph, concessional rates of royalty shall apply if
there is early commencement of commercial production as below:
(A) In case of on-hand blocks:
If commercial production is commenced within four years from the effective date as specified in the
respective contract:
(a) in Category—I Basins: 11.25%
(b) in Category—II Basins: 10%
(c) in Category—III Basins: 8.75%
(B) In case of shallow water blocks;
If commercial production is commenced within four years from the effective date as specified
in the respective contract:
(a) in Category—I Basins: 6.75%
(b) in Category—II Basins: 6%
(c) in Category—III Basins: 5.25%
(C) In case of deep water blocks;
If commercial production is commenced within five years from the effective date as specified
in the respective contract:
No royalty shall be payable for the first seven years from the date of commercial production
and shall be payable thereafter as below:
(a) in Category—I Basins: 4.5%
(b) in Category—II Basins: 4%
(c) in Category—II Basins: 3.5%
(D) In case of ultra deep water blocks:
If commercial production is commenced within five years from the effective date specified in
the respective contract:
No royalty shall be payable for the first seven years from the date of commercial production
and shall be payable thereafter as below:
(a) in Category—I Basins: 1.8%
1. Ins. by S.O. 367(E), dated 14.1.2019.
2. Ins. by S.O. 1597, dated 11.4.2019.
-----
(b) in Category—II Basins: 1.6%
(c) in Category—III Basins:1.4%.]
**2. CASING HEAD CONDENSATE:**
(1) PRODUCTION FROM AREAS OUTSIDE NEW EXPLORATION LICENSING POLICY
(NELP) REGIME
A. NOMINATION BLOCKS
(i) from 1.4.1993 to 31.3.1996: @ Rs. 539.20 Per Metric Tonne
(ii) from 1.4.1996 to 31.3.1998: @ Rs. 603.95 Per Metric Tonne
B. PRODUCTION FROM AREAS AWARDED ON NOMINATION BASIS TO NATIONAL OIL
COMPANIES (NOCS), EXPLORATION BLOCKS AWARDED TO PRIVATE/ JOINT VENTURE
(PRIVATE /JOINT VENTURE) CONTRACTORS PRIOR TO NELP AND ONLAND DISCOVERED
FIELDS AWARDED TO PRIVATE/JOINT VENTURE CONTRACTORS:
(i) from 1.4.1998 to 31.3.2002 : Monthly average rate per Metric Tonne as per Statement
appended:
(ii) With effect from 1.4.2002:
(a) On land areas: @ 20% of Well Head Price.
(b) Shallow water offshore areas (upto 400 Mtr water depth): @ 10% of Well Head Price.
(c) Deep water offshore areas (> 400 Mtr. Water depth): @ 5% of well head price during first
7 years after commercial production and normal rates as applicable to Shallow water areas (upto
400 Mtr. Water depth) during other periods.
(d) Reduced rates of royalty, as may be notified by the Government from time to time, will be
levied on production from fields under Enhanced Oil Recovery (EOR)/ Improved Oil Recovery
(IOR).
C. PRODUCTION FROM OFFSHORE DISCOVERED FIELDS AWARDED TO PRIVATE
/JOINT VENTURE CONTRACTORS:
At the rates as specified in respective Production Sharing Contracts (PSCs).
(2) PRODUCTION FROM AREAS UNDER NELP REGIME:
\At the rates determined in accordance with the provisions under respective Production Sharing Contracts
(PSCs).
1[(3) Production from contracts awarded under Bid Round-II of Discovered Small Field Policy, 2015:]
2[(a) 12.5 per cent of the value of condensate receivable from the buyer in respect of production
from on-shore contracts.
(b) 10 per cent of the value of condensate receivable from the buyers in respect of production
from off-shore shallow water (up to 400 meters water depth) contracts.
(c) 5 per cent of the value of condensate receivable from the buyers in respect of production from
deep water offshore (>400 meters water depth) contracts for the first seven years after commercial
production in the contract area and normal rates as applicable to shallow water (up to 400 meters
water depth) contracts during remaining periods.]
1. Ins. by S.O. 173 (E), dated 15.1.2016 and further substituted by S.O. 367(E), dated 14.1.2019.
2. Ins. by S.O. 173(E), dated 15.1.2016.
-----
1[(4) In respect of production form contracts awarded under Bid Round-II of Discovered Small Field
Policy and Hydrocarbon Exploration and Licensing Policy (HELP) all the provisions of royalty on crude
oil shall apply mutatis mutandis to condensates.”]
2[(5) In respect of early commencement of commercial production from contracts areas awarded
under Hydrocarbon Exploration and Licensing Policy in respect of bids invited on or after the coming
into force of this paragraph, all the provisions of concessional rates of royalty applicable for crude oil
shall apply mutatis mutandis to condensates.]
3[3. NATURAL GAS:
(1) 10% of the value of the natural gas obtained at well-head.
(2) Production of natural gas from contracts awarded under Bid Round-I of Discovered Small Field
Policy, 2015:
(a) 10% of the value of natural gas receivable from the buyer in respect of production from on
shore contracts and off-shore shallow water (up to 400 meters water depth) contracts;
(b) 5% of the value of natural gas from the buyers in respect of production from deep water off
shore (>400 meters water depth) contracts for the first seven years after commercial production in the
contract area and normal rates as applicable to shallow water (up to 400 meters water depth) contracts
during remaining periods.
(3) Production form contracts awarded under Bid Round-II of Discovered Small Field Policy and
Hydrocarbon Exploration and Licensing Policy (HELP):
(a) for on-land blocks: 10%
(b) for shallow water : 7. 5%
(c) for deep water : no royalty shall be payable for the first seven years from the date of
commercial production of crude oil from deep water and shall be payable at 5% thereafter.
(d) for ultra deep water: no royalty shall be payable for the first seven years from the date of
commercial production of crude oil form ultra deep water and shall be payable at 2% thereafter.
4[(4) Concessional rates of royalty in case of early commercial production from contract areas
awarded under Hydrocarbon Exploration and Licensing Policy:
For contract areas awarded under Hydrocarbon Exploration and Licensing Policy in respect of bids
invited on or after the coming into force of this paragraph, concessional rates of royalty shall apply if
there is early commencement of commercial production as below:
(A) In case of on-hand blocks:
If commercial production is commenced within four years from the effective date as specified in the
respective contract:
(a) in Category—I Basins: 9%
(b) in Category—II Basins: 8%
(c) in Category—III Basins:7%
(B) In case of shallow water blocks;
If commercial production is commenced within four years from the effective date as specified
in the respective contract:
(a) in Category—I Basins: 6.75%
1. Ins. by S.O. 367(E), dated 14.1.2019.
2. Ins. by S.O. 1597(E), dated 11.4.2019.
3. Subs. by S.O. 367(E), dated 14.1.2019.
4. Ins. by S.O. 1597(E), dated 11.4.2019.
-----
(b) in Category—II Basins: 6%
(c) in Category—III Basins: 5.25%
(C) In case of deep water blocks;
If commercial production is commenced within five years from the effective date as specified
in the respective contract:
No royalty shall be payable for the first seven years from the date of commercial production
and shall be payable thereafter as below:
(a) in Category—I Basins: 4.5%
(b) in Category—II Basins:4%
(c) in Category—II Basins: 3.5%
(D) In case of ultra deep water blocks:
If commercial production is commenced within five years from the effective date specified in
the respective contract:
No royalty shall be payable for the first seven years from the date of commercial production
and shall be payable thereafter as below:
(a) in Category—I Basins: 1.8%
(b) in Category—II Basins: 1.6%
(c) in Category—III Basins:1.4%
(5) Additional production from existing Administered Price Mechanism field (APM Fields):
The additional production of gas from APM Fields over and above Business as Usual (BAU) scenario
which has been evaluated by third party expert agency and approved by Directorate General of
Hydrocarbons shall be eligible in rates of royalty by ten per cent of the existing applicable rates.]
1[Note 1: 2[(1) The well head price of crude oil and casing head condensate for nominated blocks shall be
determined by making the following deductions from the sale price of crude oil and casing head
condensate:
(a) in case of Oil and Natural Gas Corporation Limited.
i. three thousand nine hundred and fifty—five rupees per metric tonne for On share; and
ii. two thousand two hundred and twenty—six rupees per metric tonne for Off shares.
(b) in case of Oil India Limited, two thousand eight hundred and twenty eight rupees per metric
tonne.]
(2) The amounts specified in clause (1) shall be the post-well head cost which shall be valid for a
period of three years with effect from [2][1st April, 2021] or such period till the revised rates are notified.
(3) Oil Industry Development Cess and Education Cess thereon shall not form part of post well head
cost.
(4) Royalty will be calculated on cum-royalty basis as under:
Royalty amount =
Well head price x royalty rate
(100 + royalty rate).]
**Note 2: Since consultations with the concerned State Governments took some time, it has become**
necessary to revise the rate of royalty with retrospective effect. The oil producing States stand to benefit
and other States are not likely to be adversely affected.
1. Subs. by GSR. 559(E), dated 20.8.2007.
2. Subs. by S.O. 4382(E), dated 20.10.2021.
-----
1[Note 3: The post well head cost for the purpose of calculating well head price of crude oil or casing
head condensate for cases other than nominated blocks of Oil and Natural Gas Corporation Limited or Oil
India Limited and for natural gas in all cases other than Administered Price Mechanism gas of Oil and
Natural Gas Corporation Limited or Oil India Limited shall be determined as under:
(1) Per unit rate of post well head cost, that is, per metric tonne or barrel for crude oil or casing head
condensate and per Million Metric British Thermal Unit for natural gas shall be determined based on
actual post well head expenditure reported in previous year's audited accounts.
(2) In case of production from a new field under the Production Sharing Contract, the post well head
cost for the first year may be provisionally estimated by the lessee and duly certified by the Directorate
General of Hydro -carbons and final adjustments shall be made within one hundred twenty days from the
end of the first year, based on the audited accounts of the first year.
(3) Oil Industry Development Cess and Education Cess, Depreciation expense, Income Tax,
surcharge thereon and profit petroleum shall not be allowed as expenditure under post well head cost.
(4) Full records shall be maintained and got audited by lesses or procedures to assess the actual post
well head cost incurred in previous year.
2[(5) Royalty shall be computed on ex-royalty basis :
Provided that for crude oil produced from production sharing contracts signed with private or
joint-venture contractors prior to New Exploration Licensing Policy, royalty shall be computed on
cum-royalty basis.]
**3Note 4. For the purposes of the concessional rates of royalty for crude oil, condensates and natural gas,**
the categorization of sedimentary basins of India shall be as under:
Category-I Category-II Category-III
1. Krishna-Godavari 1. Suarashtra Basin 1. Kerala-Konkan Basin
Basin
2. Mumbai Offshore 2. Kutch Basin 2. Bengal-Purnea Basin`
basin
3. Assam Shelf Basin 3. Vindhyan Basin 3. Ganga-Punjab Basin
4. Rajasthan Basin 4. Mahanadi Basin 4. Pranhita-Godavari Basin
5. Cauvery Basin 5. Andaman-Nicobar Basin 5. Satpura-South Rewa-Damodar Basin
6. Assam-Arakan Fold 6. Himalayan Foreland
Belt
7. Cambay Basin 7. Chhattisgarh Basin
8. Narmada Basin
9. Spiti-Zankar Basin
10. Deccan Syneclise Basin
11. Cuddapah Basin
12. Karewa Basin
13. Bhima-Kaladgi Basin
14. Bastar Basin
**STATEMENT OF MONTHLY AVERAGE RATES OF ROYALTY PAYABLE AS PER METRIC**
**TONNE ON CRUDE OIL & CASING HEAD CONDENSATE AS MENTIONED AT 1 (1) (B) (i)**
**ABOVE.**
Details of Monthly Royalty Rates
1. Ins. by GSR.559(E), dated 20 August, 2007
2. Ins. by GSR 559(E), dated 20 August, 2007 and substituted by S.O. 615(E), dated 28 August, 2009.
3. Note 4 and Table ins. by S.O. 1597(E), dated 11 August, 2019.
|Category-I|Category-II|Category-III|
|---|---|---|
|1. Krishna-Godavari Basin|1. Suarashtra Basin|1. Kerala-Konkan Basin|
|2. Mumbai Offshore basin|2. Kutch Basin|2. Bengal-Purnea Basin`|
|3. Assam Shelf Basin|3. Vindhyan Basin|3. Ganga-Punjab Basin|
|4. Rajasthan Basin|4. Mahanadi Basin|4. Pranhita-Godavari Basin|
|5. Cauvery Basin|5. Andaman-Nicobar Basin|5. Satpura-South Rewa-Damodar Basin|
|6. Assam-Arakan Fold Belt||6. Himalayan Foreland|
|7. Cambay Basin||7. Chhattisgarh Basin|
|||8. Narmada Basin|
|||9. Spiti-Zankar Basin|
|||10. Deccan Syneclise Basin|
|||11. Cuddapah Basin|
|||12. Karewa Basin|
|||13. Bhima-Kaladgi Basin|
|||14. Bastar Basin|
-----
|Month|Royalty rates|Month|Royalty rates|
|---|---|---|---|
||(Rs./MT)|||
|Apr-98|411.31|Apr-00|1055.88|
|May-98|409.46|May-00|1037.69|
|Jun-98|414.09|Jun-00|915.75|
|Jul-98|431.35|Jul-00|1100.28|
|Aug-98|415.32|Aug-00|1165.03|
|Sep-98|450.01|Sep-00|1126.65|
|Oct-98|431.35|Oct-00|1180.45|
|Nov-98|483.15|Nov-00|1331.69|
|Dec-98|462.8|Dec-00|1279.89|
|Jan-99|406.53|Jan-01|1298.23|
|Feb-99|368.45|Feb-01|973.71|
|Mar-99|398.67|Mar-01|1009.02|
|Apr-99|374.77|Apr-01|1104.29|
|May-99|511.06|May-01|1040.62|
|Jun-99|569.64|Jun-01|1091.19|
|01 Jul to 14 JUL-99|569.64|Jul-01|1165.5|
|15 Jul to 31 JUL-99|580.74|Aug-01|1171.05|
|Aug-99|602.17|Sep-01|1066.21|
|Sep-99|706.54|Oct-01|1113.39|
|Oct-99|769.29|Nov-01|1106.76|
|Nov-99|858.7|Dec-01|904.03|
|Dec-99|846.99|Jan-02|808.29|
|Jan-99|942.11|Feb-02|815.29|
|Feb-00|958.91|Mar-01|815.77|
|Mar-00|965.39|||
-----
|
10-Sep-1948 | 56 | The Territorial Army Act, 1948 | https://www.indiacode.nic.in/bitstream/123456789/1497/1/A1948-56.pdf | central | # THE TERRITORIAL ARMY ACT, 1948
___________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title, extent and application.
2. Definitions.
3. Constitution of the Territorial Army.
4. Personnel of the Territorial Army.
5. Officers.
6. Persons eligible for enrolment.
6A. Liability of certain persons for compulsory service in the Territorial Army.
7. Liability for military service.
7A. Reinstatement in civil employ of persons required to perform military service.
7B. Preservation of certain rights of persons required to perform military service.
8. Discharge.
9. Application of the Army Act, 1950.
10. Summary trial and punishment.
10A. Punishment for failure to lodge forms duly filled up, etc.
11. Jurisdiction to try offences.
12. Presumption as to certain documents.
13. Persons subject to this Act to be deemed part of regular forces for certain purposes.
14. Power to make rules.
15. [Repealed.]
1
-----
# THE TERRITORIAL ARMY ACT, 1948
ACT NO. 56 OF 1948[1]
An Act to provide for the constitution of a Territorial Army.
WHEREAS it is expedient to provide for the constitution of Territorial Army;
It is hereby enacted as follows:—
[10th September, 1948.]
**1. Short title, extent and application.—(1) This Act may be called the Territorial Army Act, 1948.**
(2) It extends to the whole of India [2]* * * and applies to all classes of persons in the Territorial Army,
wherever they may be.
**2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**
(a) “enrolled” means enrolled in the Territorial Army under the provisions of this Act;
(b) “officer” means an officer of any of the two classes specified in section 5;
(c) “non-commissioned officer” means a person holding a non-commissioned rank in the
Territorial Army, and includes an acting non-commissioned officer;
(d) “prescribed” means prescribed by rules made under this Act;
3[(dd) “public utility service” means any undertaking which supplies power, light, gas or water to
the public, or carries on a public transport, or maintains any system of public conservancy or
sanitation and which is declared, by notification in the Official Gazette, by the Central Government to
be a public utility service to which this Act applies:
Provided that no such modification shall be issued unless the Central Government is satisfied
that, having regard to the needs of the Territorial Army, the persons employed in any such public
utility service should, in the public interest, be made compulsorily liable for service in that Army
under this Act;]
(e) the expression [4][Regular Army] means officers and other ranks who, by their commission,
terms of enrolment or otherwise, are liable to render continuously for a term military service under
5[the Army Act, 1950 (46 of 1950)]; and
(f) all words and expressions used herein and defined in [5][the Army Act, 1950 (46 of 1950)], and
not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by
that Act.
**3. Constitution of the Territorial Army.—(1) There shall be raised and maintained in the manner**
hereinafter provided an army to be designated the Territorial Army.
(2) The Central Government may constitute such number of units of the Territorial Army as it thinks
fit and may disband or reconstitute any unit so constituted.
**4. Personnel of the Territorial Army.—There shall be the following classes of persons in the**
Territorial Army, namely,—
(a) officers; and
1. This Act has been extended to—
Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule and comes into force in Pondicherry vide
Reg. 7 of 1963, s. 3 and the First Schedule (w.e.f. 1-10-1963);
and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule (w.e.f. 1-7-1965);
the whole of the Union territory of Lakshadweep vide Reg. 8 of 1965, s. 3 and the Schedule (w.e.f. 1-10-1967).
2. The words “except the State of Hyderabad” omitted by Act 3 of 1951, s. 3 and the Schedule.
3. Ins. by Act 92 of 1956, s. 2.
4. Subs. by the A.O. 1950, for “regular forces”.
5. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the Indian Army Act, 1911”.
2
-----
(b) enrolled persons.
**5. Officers.—Officers in the Territorial Army shall be of the two following classes, namely,—**
(a) officers holding commissions in the Territorial Army granted by the President with
designations of rank corresponding to those of Indian commissioned officers [1][of the Regular Army];
and
(b) junior commissioned officers holding commissions in the Territorial Army granted by the
President with designations of rank corresponding to those of [2][junior commissioned officers of the
Regular Army].
**6. Persons eligible for enrolment.—[3][Any person who is a citizen of India] may offer himself for**
enrolment in the Territorial Army, and may, if he satisfies the prescribed conditions, be enrolled for such
period and subject to such conditions as may be prescribed.
4[6A. Liability of certain persons for compulsory service in the Territorial Army.—(1) Without
prejudice to the provision contained in section 6, every person employed under the Government or in a
public utility service who has attained the age of twenty years but has not completed the age of forty years
shall, subject to the other provisions contained in this section and subject to such rules as may be made in
this behalf, be liable, when so required to do, to perform service in the Territorial Army.
(2) Where it appears to the prescribed authority that, having regard to the strength of the Territorial
Army or of any unit thereof in any area or place or, having regard to the exigencies of service in the
Territorial Army, it is necessary that persons compulsorily liable to perform service in the Territorial
Army under sub-section (1) should be called upon for such service, the prescribed authority may call
upon such number of persons as he thinks fit for the purpose of performing service in the Territorial
Army.
(3) In requisitioning the services of any persons under sub-section (2), the prescribed authority shall
have regard to the age, physical fitness, qualifications and experience of the persons to be called upon for
service and the nature of the work previously performed by them while employed under the Government
or in the public utility service, and the work to be performed by them in the Territorial Army.
(4) Every person liable to perform service under sub-section (1) shall, if so required by the prescribed
authority, be bound to fill up such norms as may be prescribed and sign and lodge them with the
prescribed authority within such time as may be specified in the requisition.
(5) The prescribed authority may require any person incharge of the management of a public utility
service to furnish within such time as may be specified in the requisition such particulars as may be
prescribed with respect to persons employed under him, who may be liable to perform service under
sub-section (1).
(6) Any person whose services are requisitioned under this section may be required to join the
Territorial Army as an officer or as an enrolled person according to the rules made in this behalf by the
Central Government, and where any person has so jointed the Territorial Army, he shall be entitled to the
same rights and privileges and be subject to the same liabilities as an officer or enrolled person under the
provisions of this Act.
_Explanation.—For the purposes of this section, the expression “person employed under the_
Government or in a public utility service” shall not include—
(a) a woman;
(b) a member of the Regular Army, the Navy or the Air Force or a member of any Reserve Force;
(c) a person who is not a citizen of India;
1. Ins. by the A.O. 1950.
2. Subs., ibid., for “Viceroy’s commissioned officers”.
3. Subs.,ibid., for “Any person domiciled in India”.
4. Ins. by Act 92 of 1956, s. 3.
3
-----
(d) a person employed under the Government in any country or place outside India for so long as
he is so employed; and
(e) any other persons as may be exempted from the operation of this Act by the Central
Government, by notification in the Official Gazette, on the ground that, having regard to the nature of
the service performed by such persons or to the exigencies of the service in which they are employed,
it is, in the opinion of the Central Government, expedient in the public interest that they should not be
liable to perform service under this Act.]
**7. Liability for military service.—(1) No officer or enrolled person shall be required to perform**
military service beyond the limits of India save under a general or special order of the Central
Government.
(2) Subject to the provisions of sub-section (1), every officer or enrolled person shall, subject to such
conditions as may be prescribed, be bound to serve in any unit of the Territorial Army to which he is for
the time being attached, and shall be subject to all the rules made under this Act in relation to such unit.
(3) Every officer or enrolled person shall be liable to perform military service,—
(a) when called out in the prescribed manner to act in support of the civil power or to provide
essential guards;
(b) when embodied in the prescribed manner for training or for supporting or supplementing the
regular forces; and
(c) when attached to any regular forces either at his own request or under the prescribed
conditions.
1[7A. Reinstatement in civil employ of persons required to perform military service.—(1) It shall
be the duty of every employer by whom a person who is required to perform military service under
section 7 was employed to reinstate him in his employment on the termination of the military service in
an occupation and under conditions not less favourable to him than those which would have been
applicable to him had his employment not been so interrupted:
Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such
person, or if for any reason reinstatement of such person is represented by the employer to be
impracticable, either party may refer the matter to the prescribed authority and that authority shall, after
considering all matters which may be put before it and after making such further inquiry into the matter as
may be prescribed, pass an order—
(a) exempting the employer from the provisions of this section, or
(b) requiring him to re-employ such person on such terms as he thinks suitable, or
(c) requiring him to pay to such person by way of compensation for failure or inability to
re-employ a sum not exceeding an amount equal to six months' remuneration at the rate at which his
last remuneration was payable to him by the employer.
(2) If any employer fails to obey the order of any such authority as is referred to in the proviso to
sub-section (1), he shall be punishable with fine which may extend to one thousand rupees, and the court
by which an employer is convicted under this section shall order him (if he has not already been so
required by the said authority) to pay to the person whom he has failed to re-employ a sum equal to six
months' remuneration at the rate at which his last remuneration was payable to him by the employer, and
any amount so required to be paid either by the said authority or by the court shall be recoverable as if it
were a fine imposed by such court.
(3) In any proceeding under this section it shall be a defence for an employer to prove that the person
formerly employed did not apply to the employer for reinstatement within a period of two months from
the termination of his military service.
1. Ins. by Act 33 of 1952, s. 2.
4
-----
(4) The duty imposed by sub-section (1) upon an employer to reinstate in his employment a person
such as is described in that sub-section shall attach to an employer who, before such person is actually
required to perform military service under section 7, terminates his employment in circumstances such as
to indicate an intention to evade the duty imposed by that sub-section, and such intention shall be
presumed until the contrary is proved if the termination takes place after the issue of orders requiring him
to perform military service under this Act.]
1[7B. Preservation of certain rights of persons required to perform military service.—When any
person required to perform military service under section 7 has any rights under any provident fund or
superannuation fund or other scheme for the benefit of employees maintained in connection with the
employment he relinquishes, he shall continue, so long as he is engaged in military service and if he is
reinstated, until such reinstatement under the provisions of this Act, to have in respect of such fund or
scheme such rights as may be prescribed.]
**8. Discharge.—Every person enrolled under this Act shall be entitled to receive his discharge from**
the Territorial Army on the expiration of the period for which he was enrolled and any such person may,
prior to the expiration of that period, be discharged from the said army by such authority and subject to
such conditions as may be prescribed:
Provided that no enrolled person who is for the time being engaged in military service under the
provisions of this Act, shall be entitled to receive his discharge before the termination of such service.
**9. Application of the Army Act, 1950.—(1) Every officer, when doing duty as such officer, and**
every enrolled person when called out or embodied or attached to [2][the Regular Army], shall, subject to
such adaptations and modifications as may be made therein by the Central Government by notification in
the Official Gazette, be subject to the provisions of [3][the Army Act, 1950 (46 of 1950)], and the rules or
regulations made thereunder in the same manner and to the same extent as if such officer or enrolled
person held the same rank in [4][the Regular Army] as he holds for the time being in the Territorial Army.
(2) When an offence punishable under [3][the Army Act, 1950 (46 of 1950)], has been committed by
any person whilst subject to that Act under the provisions of sub-section (1) such person may be taken
into and kept in military custody and tried and punished for such offence as aforesaid in like manner as he
might have been taken into and kept in military custody, tried and punished if he had continued to be so
subject.
**10. Summary trial and punishment.—In addition to, or in substitution for, any punishment or**
punishments to which he may be liable under [3][the Army Act, 1950 (46 of 1950)], any enrolled person
may be punished either by a criminal Court or summarily by order of the prescribed authority for any
offence under that Act or for the contravention of any of the provisions of this Act or of any rules made
thereunder with fine which may extend to one hundred rupees to be recovered in such manner and by
such authority as may be prescribed:
Provided that no fine shall be summarily inflicted by order of the prescribed authority in any case in
which the accused claims to be tried by a criminal Court.
5[10A. Punishment for failure to lodge forms duly filled up, etc.—If any person fails without
sufficient cause—
(a) to comply with any requisition under sub-section (4) or sub-section (5) of section 6A, or
(b) to report himself for service when so required to do by the prescribed authority under
sub-section (2) of that section, or
(c) to submit himself to medical or other examination when so called upon to do by the prescribed
authority under rules made under this Act.
1. Ins. by Act 33 of 1952, s. 2.
2. Subs. by the A.O. 1950, for “any regular forces”.
3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the Indian Army Act, 1911”.
4. Subs. by the A.O. 1950, for “the regular forces”.
5. Ins. by Act 92 of 1956, s. 4.
5
-----
he shall be punishable with imprisonment which may extend to three months, or with fine which may
extend to two hundred rupees, or with both.]
**11. Jurisdiction to try offences.—No Court inferior to that of a Presidency Magistrate or a**
Magistrate of the first class shall try any offence made punishable by or under this Act.
**12. Presumption as to certain documents.—Where an enrolled person is required by or in**
pursuance of any rule made under this Act to attend at any place, a certificate purporting to be signed by
the prescribed officer stating that the person so required to attend failed to do so in accordance with such
requirement shall, without proof of the signature or appointment of such officer, be evidence of the
matters stated therein.
**13. Persons subject to this Act to be deemed part of regular forces for certain purposes.—For**
the purposes of sections 128, 130 and 131 of the Code of Criminal Procedure, 1898 (5 of 1898), all
officers, non-commissioned officers and other enrolled persons who have been attached to a unit shall be
deemed to be officers, non-commissioned officers and soldiers for respectively of [1][the Regular Army].
**14. Power to make rules.—(1) The Central Government may make rules to carry out the purposes of**
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may—
2[(a) prescribe the form under sub-section (4) of section 6A, the particulars that should be
furnished therein and which, and the period within which, the form should be lodged;
(aa) prescribe the procedure for requiring persons liable for compulsory service in the Territorial
Army to be medically or otherwise examined with a view to determining whether they satisfy the
conditions imposed under this Act;]
3[(aaa)] prescribe the manner in which, and the period for which and the conditions subject to
which any person may be enrolled under this Act; [4][or may be required to perform compulsory
service is the territorial Army]
(b) prescribe the manner in which and the conditions subject to which officers and enrolled
persons may be called out for service, or embodied for training or for supporting or for supplementing
5[the Regular Army] or attached to 6[the Regular Army];
(c) prescribe preliminary and periodical military training, compulsory and voluntary, for any
enrolled person and provide for the embodiment of any unit for that purpose;
(d) define the manner in which and the conditions under which any enrolled person may be
excused from training ;
7[(dd) specify the authority for the purpose of the proviso to sub-section (1) of section 7A and the
manner in which any inquiry may be held by him;
(ddd) define the rights under section 7B;]
(e) prescribe the authorities by which and the conditions subject to which enrolled persons may
be discharged under section 8;
(f) prescribe the authorities by which offences under this Act may be punished and the fine
inflicted may be recovered;
(g) prescribe the officers by whom certificates may be signed under section 12;
1. Subs. by the A.O. 1950, for “regular forces”.
2. Ins. by Act 92 of 1956, s. 5.
3. Clause (a) was relettered as (aaa) by s. 5, ibid.
4. Ins. by s. 5, ibid.
5. Subs. by the A.O. 1950, for “the regular forces”.
6. Subs., ibid., for “any regular forces”.
7. Ins. by Act 33 of 1952, s. 3.
6
-----
(h) generally provide for any other matter which under this Act is to be or may be prescribed.
1[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
**15. [Repeal of Act XLVIII** _of 1920.]_ _Rep. by the Repealing and Amending Act,_ 1950 (35 _of_ 1950),
_s. 2 and the Schedule._
1. Ins. by Act 53 of 1980, s. 2.
7
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|